CITY OF PEORIA, ARIZONA COUNCIL CHAMBER June 6, 2006 A Regular Meeting of the City Council of the City of Peoria, Arizona, was convened at 8401 W. Monroe Street in open and public session at 7:01 p.m. Following a moment of silence, Councilmember Carlo Leone led the Pledge of Allegiance. Members Present: Mayor John Keegan, Vice Mayor Vicki Hunt, Councilmembers Pat Dennis, Joan Evans, Pat Hickson, Cathy Carlat, and Carlo Leone. Members Absent: None. Other Municipals Official Present: Terrence Ellis, City Manager; Susan Thorpe, Deputy City Manager; Carl Swenson, Deputy City Manager; John Wenderski, Deputy City Manager; Steve Kemp, City Attorney; Mary Jo Kief, City Clerk; Stephen Bontrager, David Leonardo, Grady Miller, Glen Van Nimwegen, Greg Eckman, Neil Mann, Bob McKibben, Dave Moody, Jeff Tyne and Carolyn Hinderliter. Audience: Approximately 30 individuals were present. Municipal Judge George Anagnost officiated the ceremonial swearing in and seating of Patrick Hickson as councilmember for Ironwood District. Mayor Keegan asked Vice Mayor Hunt to preside over the meeting after a short recess as he would be absent for the remainder of the meeting. Mayor Keegan declared a short recess at 7:05 p.m. Vice Mayor Hunt reconvened the meeting at 7:14 p.m. Note: The order in which items appear in the minutes is not necessarily the order in which they were discussed in the meeting. PRESENTATION: Vice Mayor Hunt presented certificates of re-appointment to the following Board and Commission members: Maureen Flanigan – Arts Commission; Keith Dines - Economic Development Advisory Board; Jack Lytle - Economic Development Advisory Board; Curt Smith- Economic Development Advisory Board; Russell Ullinger - Economic Development Advisory Board; Carol Ulshoeffer - Parks and Recreation Board; Dennis Cheney - Personnel Board; Joe LaRue - Public Defender Contract Review Board; Richard Cofinger - Public Defender Contract Review Board; Henry Cota - Volunteer Firefighter Pension Board; Derek Hughes - Youth Advisory Board; Julia Babler - Youth Advisory Board; and Monique Flaherty - Youth Advisory Board. CONSENT AGENDA: All items listed with a “C” are considered to be routine or have been previously reviewed by the City Council, and may be enacted by one motion. CONSENT – New Business: Vice Mayor Hunt asked if any member wished to have an item removed from the Consent Agenda. There were no requests to remove items from the Consent Agenda. Motion was made by Councilmember Evans, seconded by Councilmember Leone, to approve the Consent Agenda. Upon vote, the motion carried unanimously. 1C Boards and Commissions Appointment RESOLUTION 06-99 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA, APPOINTING SCOTT PHILLIPS TO THE DESIGN REVIEW APPEALS BOARD AND ESTABLISHING THE TERMS OF OFFICE THEREOF. Adopted RES. 06-99 appointing Scott Phillips as an alternate member to the Design Review Appeals Board. 2C Rezoning, 10230 North 86th Avenue ORDINANCE NO. 06-12 AN ORDINANCE OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA REZONING PROPERTY FROM MULTI-FAMILY RESIDENTIAL (RM-1) TO PLANNED AREA DEVELOPMENT (PAD) ZONING DISTRICT; AMENDING THE ZONING MAP AND PROVIDE FOR AN EFFECTIVE DATE. Concurred with the Planning and Zoning Commission’s recommendation and adopted ORD. 06-12 to rezone approximately .45 gross acres from RM-1 (Multi-Family Residential) to PAD (Planned Area Development) for a proposed four-unit attached single-family residential development to be located at 10230 North 86th Avenue. (Z 05-19) 3C Salary and Related Changes, Management, Professional, Supervisory and Confidential (PSC), Benefited Part-Time and Hourly Employees Adopted salary and related changes for management, professional, supervisory and confidential (PSC), benefited part-time and hourly employees. 4C Re-range, Re-title and Re-classification, Current Specified Positions Approved the recommendations of the Personnel Review Committee regarding the adoption of new classifications and the re-range, re-title and re-classification of current specified positions in the City Clerk, Community Services, Fire, Human Resources, Police and Public Works Departments. 5C Authorize Expenditure, Peoria Center for the Performing Arts Authorized the expenditure of capital project funds in the amount of $580,000 for project expenses and established contingencies on the Peoria Center for the Performing Arts project. 6C Authorize Expenditure, Information Technology Department, Financial System Upgrade a) Authorized an expenditure in the amount of $98,000 utilizing an existing contract with Cedar Crestone for professional consulting services for assistance in upgrading the PeopleSoft financial system; b) Authorized the use of General Fund Reserves; and c) Approved a budget transfer in the amount of $98,000 from the General Fund Contingency Account to the Information Technology Projects Fund, Other Professional Services Account. 7C Authorize Expenditure, West Coast Turf, Sod Installation, Rio Vista Park Phase II Authorized an expenditure in the amount of $72,640.65 to West Coast Turf as a single-source procurement and a project contingency in the amount of $2,359.35 for the delivery and installation of 10 acres of sod at Rio Vista Park Phase II. 8C Budget Transfer, Community Services Department, Historic Square Master Plan Project Authorized a budget transfer in the amount of $60,000 from the Community Development Planning Division, Other Professional Services Account to the Community Services Administration Division, Other Professional Services Account for the Historic Square Master Plan project. 9C Grant, Gila River Indian Community, Alternative Fuel Apparatus RESOLUTION NO. 06-100 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA, APPROVING A GRANT SUBMITTAL IN THE AMOUNT OF $80,000 TO THE GILA RIVER INDIAN COMMUNITY FOR AN ALTERNATIVE FUEL PROGRAM. Adopted RES. 06-100 authorizing the Public Works Department to submit an alternative fuel grant application in the amount of $80,000 to the Gila River Indian Community to fund the purchase and installation of alternative fuel apparatus; Accepted the grant if awarded; and Approved a budget amendment in the amount of $80,000 from the Proposed Grant Contingency Account to Fleet Services Other Equipment Account to provide expenditure authority, contingent upon award of the grant. (LCON04806) 10C Grant, Arizona Automobile Theft Authority (AATA), Public Awareness Grant Program RESOLUTION NO. 06-101 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA, ACCEPT AN AWARD OF A SUPPLEMENTAL GRANT IN THE AMOUNT OF $6,763 FROM THE ARIZONA AUTOMOBILE THEFT AUTHORITY (AATA), PUBLIC AWARENESS GRANT PROGRAM TO ASSIST IN FUNDING SUPPLEMENTAL LAW ENFORCEMENT OPERATIONS. Adopted RES. 06-101 authorizing the Police Department to accept a Public Awareness Grant in the amount of $6,763 from the Arizona Automobile Theft Authority (AATA) to promote public awareness to deter vehicle theft (LCON04906); and Approved a budget amendment in the amount of $6,763 from the General Fund Contingency Account to the General Fund Police Account to provide expenditure authority for the grant funds. 11C Contract, Maricopa County Department of Transportation, Widening and Drainage Improvements, 83rd Avenue/107th Avenue and Pinnacle Peak Road Authorized the City Manager to execute an Intergovernmental Agreement with the Maricopa County Department of Transportation for a Design Concept Report for roadway widening and drainage improvements along Pinnacle Peak Road between 83rd Avenue and 107th Avenue (LCON05006) (P-0508); and Approved a budget transfer in the amount of $120,000 within the Street Impact Fee Zone 2 Fund from the Street System Account to the Other Professional Services Account. 12C Contract, The Groundskeeper, Landscape Maintenance Services Awarded a one-year term contract in the amount of $202,728 with four additional one-year extensions to The Groundskeeper for annual landscape maintenance services at the City Hall campus, five fire stations, and various retention basins and drainage channels. (LCON05106) 13C Contract, MGC Contractors, Sewer Line Repairs, 92nd Avenue and Bell Road Awarded a contract in the amount of $127,600 to MGC Contractors, Inc. for emergency repairs of an existing sewer line located at 92nd Avenue and Bell Road (LCON05206); and Approved a budget transfer in the amount of $127,600 from the Wastewater Fund Reserves Contingency Account to the Wastewater Fund, Wastewater System Repair and Maintenance Account. 14C Contract, Loris and Associates, Inc., Skunk Creek Trail Approved a contract in the not-to-exceed amount of $116,087 with Loris and Associates, Inc. for a design concept report for the Skunk Creek Trail project. (LCON05306) 15C Contract Amendment, J2 Engineering, Design Services, Palo Verde Open Space, 73rd Avenue and Terramar Boulevard Approved Contract Amendment No. 2 in the amount of $99,216 with J2 Engineering for design services of Palo Verde Open Space located at 73rd Avenue and Terramar Boulevard. (LCON03004B) 16C Maintenance Improvement District No. 1036, La Strada del Lago, Lake Pleasant Road and Jomax Road RESOLUTION NO. 06-102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEORIA, ARIZONA, DECLARING ITS INTENTION TO CREATE AN IMPROVEMENT DISTRICT TO MAINTAIN LANDSCAPING INCLUDED WITHIN, NEAR AND ADJACENT TO A PARKWAY AND RELATED FACILITIES TOGETHER WITH APPURTENANT STRUCTURES AS SHOWN ON THE PLANS, FOR MAINTENANCE WITHIN AN AREA IN THE CITY OF PEORIA AS DESCRIBED HEREIN; ADOPTING PLANS FOR CITY OF PEORIA MAINTENANCE IMPROVEMENT DISTRICT NO. 1036, LA STRADA DEL LAGO, AS MORE PARTICULARLY DESCRIBED HEREIN, AND DECLARING THE WORK OR IMPROVEMENT TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT, AND THAT THE COST OF SAID WORK OR IMPROVEMENT SHALL BE ASSESSED UPON A CERTAIN DISTRICT, AND PROVIDING THAT THE PROPOSED WORK OR IMPROVEMENT SHALL BE PERFORMED UNDER ARIZONA REVISED STATUTES TITLE 48, CHAPTER 4, ARTICLE 2, AND AMENDMENTS THERETO AND DECLARING AN EMERGENCY. RESOLUTION NO. 06-103 RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA DECLARING ITS INTENTION TO ORDER THE IMPROVEMENTS OF A CERTAIN AREA WITHIN THE CORPORATE LIMITS OF THE CITY AND CREATING AN IMPROVEMENT DISTRICT KNOWN AS THE CITY OF PEORIA MAINTENANCE IMPROVEMENT DISTRICT NO. 1036, LA STRADA DEL LAGO; PROVIDING THAT THE COST OF THE MAINTENANCE OF THE LANDSCAPING INCLUDED WITHIN, NEAR, AND ADJACENT TO A PARKWAY AND RELATED FACILITIES TOGETHER WITH APPURTENANT STRUCTURES AS SHOWN ON THE PLANS, SHALL BE ASSESSED UNDER THE PROVISIONS OF TITLE 48, CHAPTER 4, ARTICLE 2, ARIZONA REVISED STATUTES, AS AMENDED; AND DECLARING AN EMERGENCY. Approved the Petition of Formation and adopted RES. 06-102 intention and ordering formation of proposed Maintenance Improvement District No. 1036, La Strada del Lago, located south of the southeast corner of Lake Pleasant Road and Jomax Road and adopted RES. 06-103 ordering the work within the proposed Maintenance Improvement District. 17C Maintenance Improvement District No. 1037, Sonoran Mountain Ranch Parcel 15, Pyramid Peak Parkway and Dynamite Boulevard RESOLUTION NO. 06-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEORIA, ARIZONA, DECLARING ITS INTENTION TO CREATE AN IMPROVEMENT DISTRICT TO MAINTAIN LANDSCAPING INCLUDED WITHIN, NEAR AND ADJACENT TO A PARKWAY AND RELATED FACILITIES TOGETHER WITH APPURTENANT STRUCTURES AS SHOWN ON THE PLANS, FOR MAINTENANCE WITHIN AN AREA IN THE CITY OF PEORIA AS DESCRIBED HEREIN; ADOPTING PLANS FOR CITY OF PEORIA MAINTENANCE IMPROVEMENT DISTRICT NO. 1037, SONORAN MOUNTAIN RANCH PARCEL 15, AS MORE PARTICULARLY DESCRIBED HEREIN, AND DECLARING THE WORK OR IMPROVEMENT TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT, AND THAT THE COST OF SAID WORK OR IMPROVEMENT SHALL BE ASSESSED UPON A CERTAIN DISTRICT, AND PROVIDING THAT THE PROPOSED WORK OR IMPROVEMENT SHALL BE PERFORMED UNDER ARIZONA REVISED STATUTES TITLE 48, CHAPTER 4, ARTICLE 2, AND AMENDMENTS THERETO AND DECLARING AN EMERGENCY. RESOLUTION NO. 06-105 RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA DECLARING ITS INTENTION TO ORDER THE IMPROVEMENTS OF A CERTAIN AREA WITHIN THE CORPORATE LIMITS OF THE CITY AND CREATING AN IMPROVEMENT DISTRICT KNOWN AS THE CITY OF PEORIA MAINTENANCE IMPROVEMENT DISTRICT NO. 1037, SONORAN MOUNTAIN RANCH PARCEL 15; PROVIDING THAT THE COST OF THE MAINTENANCE OF THE LANDSCAPING INCLUDED WITHIN, NEAR, AND ADJACENT TO A PARKWAY AND RELATED FACILITIES TOGETHER WITH APPURTENANT STRUCTURES AS SHOWN ON THE PLANS, SHALL BE ASSESSED UNDER THE PROVISIONS OF TITLE 48, CHAPTER 4, ARTICLE 2, ARIZONA REVISED STATUTES, AS AMENDED; AND DECLARING AN EMERGENCY. Approved the Petition of Formation and adopted RES. 06-104 intention and ordering formation of proposed Maintenance Improvement District No. 1037, Sonoran Mountain Ranch Parcel 15, located on Pyramid Peak Parkway and Dynamite Boulevard and adopted RES. 06-105 ordering the work within the proposed Maintenance Improvement District. 18C Maintenance Improvement District No. 1039, Blackstone at Vistancia Parcel F-7B, Vistancia Boulevard and Blackstone Drive RESOLUTION NO. 06-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEORIA, ARIZONA, DECLARING ITS INTENTION TO CREATE AN IMPROVEMENT DISTRICT TO MAINTAIN LANDSCAPING INCLUDED WITHIN, NEAR AND ADJACENT TO A PARKWAY AND RELATED FACILITIES TOGETHER WITH APPURTENANT STRUCTURES AS SHOWN ON THE PLANS, FOR MAINTENANCE WITHIN AN AREA IN THE CITY OF PEORIA AS DESCRIBED HEREIN; ADOPTING PLANS FOR CITY OF PEORIA MAINTENANCE IMPROVEMENT DISTRICT NO. 1039, BLACKSTONE AT VISTANCIA PARCEL F-7B, AS MORE PARTICULARLY DESCRIBED HEREIN, AND DECLARING THE WORK OR IMPROVEMENT TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT, AND THAT THE COST OF SAID WORK OR IMPROVEMENT SHALL BE ASSESSED UPON A CERTAIN DISTRICT, AND PROVIDING THAT THE PROPOSED WORK OR IMPROVEMENT SHALL BE PERFORMED UNDER ARIZONA REVISED STATUTES TITLE 48, CHAPTER 4, ARTICLE 2, AND AMENDMENTS THERETO AND DECLARING AN EMERGENCY. RESOLUTION NO. 06-107 RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA DECLARING ITS INTENTION TO ORDER THE IMPROVEMENTS OF A CERTAIN AREA WITHIN THE CORPORATE LIMITS OF THE CITY AND CREATING AN IMPROVEMENT DISTRICT KNOWN AS THE CITY OF PEORIA MAINTENANCE IMPROVEMENT DISTRICT NO. 1039, BLACKSTONE AT VISTANCIA PARCEL F-7B; PROVIDING THAT THE COST OF THE MAINTENANCE OF THE LANDSCAPING INCLUDED WITHIN, NEAR, AND ADJACENT TO A PARKWAY AND RELATED FACILITIES TOGETHER WITH APPURTENANT STRUCTURES AS SHOWN ON THE PLANS, SHALL BE ASSESSED UNDER THE PROVISIONS OF TITLE 48, CHAPTER 4, ARTICLE 2, ARIZONA REVISED STATUTES, AS AMENDED; AND DECLARING AN EMERGENCY. Approved the Petition of Formation and adopted RES. 06-106 intention and ordering formation of proposed Maintenance Improvement District No. 1039, Blackstone at Vistancia Parcel F-7B, located on the northeast corner of Vistancia Boulevard and Blackstone Drive and adopted RES. 06-107 ordering the work within the proposed Maintenance Improvement District. 19C Maintenance Improvement District No. 1045, Blackstone at Vistancia Parcel B3, Lone Mountain Road and Blackstone Drive RESOLUTION NO. 06-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEORIA, ARIZONA, DECLARING ITS INTENTION TO CREATE AN IMPROVEMENT DISTRICT TO MAINTAIN LANDSCAPING INCLUDED WITHIN, NEAR AND ADJACENT TO A PARKWAY AND RELATED FACILITIES TOGETHER WITH APPURTENANT STRUCTURES AS SHOWN ON THE PLANS, FOR MAINTENANCE WITHIN AN AREA IN THE CITY OF PEORIA AS DESCRIBED HEREIN; ADOPTING PLANS FOR CITY OF PEORIA MAINTENANCE IMPROVEMENT DISTRICT NO. 1045, BLACKSTONE AT VISTANCIA PARCEL B3, AS MORE PARTICULARLY DESCRIBED HEREIN, AND DECLARING THE WORK OR IMPROVEMENT TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT, AND THAT THE COST OF SAID WORK OR IMPROVEMENT SHALL BE ASSESSED UPON A CERTAIN DISTRICT, AND PROVIDING THAT THE PROPOSED WORK OR IMPROVEMENT SHALL BE PERFORMED UNDER ARIZONA REVISED STATUTES TITLE 48, CHAPTER 4, ARTICLE 2, AND AMENDMENTS THERETO AND DECLARING AN EMERGENCY. RESOLUTION NO. 06-109 RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA DECLARING ITS INTENTION TO ORDER THE IMPROVEMENTS OF A CERTAIN AREA WITHIN THE CORPORATE LIMITS OF THE CITY AND CREATING AN IMPROVEMENT DISTRICT KNOWN AS THE CITY OF PEORIA MAINTENANCE IMPROVEMENT DISTRICT NO. 1045, BLACKSTONE AT VISTANCIA PARCEL B3; PROVIDING THAT THE COST OF THE MAINTENANCE OF THE LANDSCAPING INCLUDED WITHIN, NEAR, AND ADJACENT TO A PARKWAY AND RELATED FACILITIES TOGETHER WITH APPURTENANT STRUCTURES AS SHOWN ON THE PLANS, SHALL BE ASSESSED UNDER THE PROVISIONS OF TITLE 48, CHAPTER 4, ARTICLE 2, ARIZONA REVISED STATUTES, AS AMENDED; AND DECLARING AN EMERGENCY. Approved the Petition of Formation and adopted RES. 06-108 intention and ordering formation of proposed Maintenance Improvement District No. 1045, Blackstone at Vistancia Parcel B3, located on the northwest corner of Lone Mountain Road and Blackstone Drive and adopted RES. 06-109 ordering the work within the proposed Maintenance Improvement District. 20C Authorization to Hold an Executive Session Pursuant to A.R.S. § 38-431.03.A.03, authorized the holding of an Executive Session for the purpose of discussing and consultation with legal counsel for legal advice on legal issues pertaining to an Intergovernmental Agreement with the Arizona State Historic Preservation Office for the Site Steward Program. REGULAR AGENDA NEW BUSINESS 21R PUBLIC HEARING – Proposed Annexation, 99th Avenue and Pinnacle Peak Road PUBLIC HEARING: Vice Mayor Hunt opened the Public Hearing and asked if any Councilmember or citizen wished to comment on the proposed annexation of approximately 2.8 acres, located northeast of the 99th Avenue alignment and Pinnacle Peak Road. (ANX0602) Staff Report/Public Comment: Glen Van Nimwegen, Director of Community Development, explained that is the first step in the annexation process. On May 17, 2006, the City filed a blank petition with the Maricopa County Recorder’s Office. This starts a 30-day waiting period. The site was posted and the City mailed a notice to the existing landowner(s). Subsequently, a public hearing is held to take input from the landowner(s) on whether they support the annexation. There are three landowners whose property is split between Maricopa County and the City of Peoria. The landowners have asked for annexation encompassing 2.8 acres across three lots at the location of N/E 99th Avenue and Pinnacle Peak Road. Rick Knutson, a landowner, reported that he is building a home on this land and cannot build until the land is annexed. Mr. Knutson spoke in support of the annexation. He explained that permits cannot be issued and he cannot build unless the land is declared under either the County or the City. Council Action: No Council action necessary. 22R PUBLIC HEARING – Proposed Annexation, 99th Avenue and Dynamite Boulevard PUBLIC HEARING: Vice Mayor Hunt opened the Public Hearing and asked if any Councilmember or citizen wished to comment on the proposed annexation of approximately 100 acres, located northwest of the 99th Avenue alignment and Dynamite Boulevard. (ANX06-04) Staff Report/Public Comment: Glen Van Nimwegen, Director of Community Development, reported that the parcel is leased from the Bureau of Land Management for 160 acres. The proposed annexation will annex approximately 100 acres into the City so the City can develop a District park and possibly a future Municipal Operation Center. In response to questions from Councilmember Carlat, Mr. Van Nimwegen explained that 60 acres is already in the City of Peoria. Council Action: No Council action was necessary. 23R PUBLIC HEARING – Major Amendment, Vistancia North Planned Community District, 123rd Avenue, 163rd Avenue, Cloud Road and Lone Mountain Road Alignments ORDINANCE NO. 06-13 AN ORDINANCE OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA, AMENDING ORDINANCE 01-161 TO PROVIDE FOR A MAJOR AMENDMENT TO THE PLANNED COMMUNITY DISTRICT DEVELOPMENT CONDITIONS OF APPROVAL; AND PROVIDING FOR OTHER AMENDMENTS TO THE PCD STANDARDS AND GUIDELINES REPORT AS REFERENCED HEREIN; AND PROVIDING FOR AN EFFECTIVE DATE. PUBLIC HEARING: Vice Mayor Hunt opened the Public Hearing and asked if any Councilmember or citizen wished to comment on the Major Amendment to the Vistancia North Planned Community District (PCD). Staff Report/Public Comment: Glen Van Nimwegen, Director of Community Development, reported that this is an amendment to Vistancia North and will incorporate approximately 4,000 acres of the north half of the Vistancia project which includes about 6.2 sq. miles. This was originally approved in 2001 and this amendment is a refinement of the North portion of the Vistancia Planned Area Development. Change is brought about due to the topography and to establish what can be developed on the north half of Vistancia. Discussion included gross acres, maximum dwelling units, gross density, projected population, commercial acres and amenities. Mr. Van Nimwegen stated that the amendment is consistent with the general plan. The basic differences in the two plans are the number of units and that the density is being reduced. The amount of commercial acres went from 239 acres originally approved to 23 acres. The gross density was 2.2 units per acre amended to 1.6 units per acre. Mr. Van NimWegen explained that the main changes of the circulation plan is the re-alignment of Vistancia Boulevard and Twin Buttes Road. Staff reviewed the Emergency Response Plan. With the development of the new substations, the majority of the site will be within a three minutes response time from Police and Fire services. This fits into the general plan. Councilmember Carlat commented about the work being done with sensitivity to the topography. Councilmember Dennis questioned the change in density and its affect on the need for additional water. Stephen Bontrager, Utilities Director, reported that about 880 acre feet water will be saved; however, the water has not yet been acquired for that property. The 6,300 acre feet are available for Vistancia, but the water demand for the properties is expected to reach over 8,000 acre feet. Council Action: Motion was made by Councilmember Carlat, seconded by Councilmember Evans, to concur with the Planning and Zoning Commission’s recommendation and adopt ORD. 0613 approving a Major Amendment to the Vistancia North Planned Community District, a 3,985-acre community generally bounded by the alignments of 123rd Avenue, 163rd Avenue, Cloud Road and Lone Mountain Road. (Z 00-12A.3). Upon vote, the motion carried unanimously. 24R PUBLIC HEARING – Specific Plan, Mixed-Use Development, Loop 101 Freeway and Thunderbird Road RESOLUTION NO. 06-110 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA APPROVING A SPECIFIC PLAN FOR A MIXED USE DEVELOPMENT LOCATED SOUTHWEST OF THE LOOP 101 AGUA FRIA FREEWAY AND THUNDERBIRD ROAD (SP 05-01) WITHIN THE CITY OF PEORIA, ARIZONA; AND PROVIDING FOR SEPARABILITY AND AN EFFECTIVE DATE. PUBLIC HEARING: Vice Mayor Hunt opened the Public Hearing and announced that Agenda Item 24R will be presented along with Agenda Item 28R. There will be a separate vote on each of these items. Vice Mayor Hunt asked if any Councilmember or citizen wished to comment on the Specific Plan for proposed mixed-use development located southwest of the Loop 101 Freeway and Thunderbird Road. Staff Report/Public Comment: Glen Van Nimwegen, Director of Community Development, gave an overview and requested approval of the specific area plan for approximately 48 acres south of Thunderbird Road, adjacent to the Loop 101 and adjacent to the New River Drainage area. Discussion included issues relating to traffic, parking space, density, noise level, Arizona Department of Transportation (ADOT) standards of noise studies and the impact to the Peoria School District. Councilmember Carlat asked about traffic congestion and traffic lights for the Rio Vista Drive and 88th Avenue intersections. Staff reported that there will be a traffic light for the Rio Vista intersection but no traffic light is planned for 88th Avenue. David Moody, Engineering Director, noted that unless Thunderbird Road is widened, the project cannot be built as recommended. In response to questions from Council about public safety, Mr. Moody noted that there will be emergency access along the New River Trail giving Police and Fire additional access. Councilmember Evans addressed concerns about traffic, parking spaces and density. Mr. Van Nimwegen noted that the only amendment Staff is recommending has to do with multi-family parcels and working from the standard that is tied to the specific type of development. Staff will look at the City’s standards for parking within the zoning codes and bring that information back to the Council. In response to questions from Councilmember Dennis, Mr. Moody responded that the City is building to accommodate growth. Councilmember Carlat commented on the noise level from the Loop 101 and the nearby residential area. David Moody explained that the City has adopted the Arizona Department of Transportation Standards for Noise Level. In response to questions from Council, Mr. Mike Curley, representative for the applicant, clarified information on behalf of the developer. Councilmember Evans stated that this will add more traffic onto Thunderbird and Loop 101. Council Action: Motion was made by Councilmember Dennis, seconded by Councilmember Hickson, to concur with the Planning and Zoning Commission’s recommendation and adopt RES. 06110 approving a Specific Plan for the proposed mixed-use development located southwest of the Loop 101 Freeway and Thunderbird Road. (SP 05-01). Upon vote, the motion carried by a vote of four to two with Councilmember Evans and Councilmember Carlat voting “no.” 25R PUBLIC HEARING – Property Tax Levy, Fiscal Year 2007 PUBLIC HEARING: Vice Mayor Hunt opened the Public Hearing and asked if any Councilmember or citizen wished to comment on setting the City of Peoria property tax levy for Fiscal Year 2007. Staff Report/Public Comment: Jeff Tyne, Budget Director, presented to Council five separate items: Property Tax Levies, Truth-In-Taxation; Truth-In-Taxation Intent; Final Budget and Adoption of Final Budget. There are two different property tax levies for the City of Peoria. The primary property tax is used for general governmental purposes and is deposited into the City’s general fund as well as the secondary property tax levy that is used solely to retire the debt on outstanding bonds from the City’s Capital Improvement Projects. During budget deliberations, a recommendation was made that the City’s primary property tax rates remain at $.29 per $100 of assessed valuation. This includes a reduction in the secondary property tax rate at $1.20 down from $1.30 in the prior years. For FY 2007, the average property tax bill for the City of Peoria’s portion is $417.00. This is about 12% of the overall property tax bill for the average Peoria household. Council Action: No Council action necessary. 26R PUBLIC HEARING – Primary Property Tax Levy RESOLUTION NO. 06-111 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA, APPROVING THEIR INTENT TO RAISE THE PRIMARY PROPERTY TAX LEVY. PUBLIC HEARING: Vice Mayor Hunt opened the Public Hearing and asked if any Councilmember or citizen wished to comment on the increase to the primary property tax levy as required by Arizona State Statutes regarding Truth in Taxation. Staff Report/Public Comment: Jeff Tyne, Budget Director, presented a report on Truth in Taxation requirements. He explained that the Truth in Taxation requirements are statutory requirements related to the primary property levy. The proposed primary property tax rate is $.29 per $100 of assessed valuation that would have an impact of $81 on a medium household in Peoria. The City is expecting an increase in the property tax collections and that increase comes in two different areas: an appreciation in existing properties or an increase as a result of new development that has occurred in the City. As required by the Truth in Taxation Statutes, the City posts this information in a newspaper of general circulation to Peoria’s residents once a week for two successive weeks. In addition, a press releases were sent regarding this hearing as well as the next agenda item, the adoption of the budget. Council Action: Vice Mayor Hunt noted that Item 26R required a Roll Call vote. Motion made by Councilmember Carlat, seconded by Councilmember Evans, to adopt RES. 06-111 approving the intent to raise the primary property tax levy. Mary Jo Kief, City Clerk, called the roll. Councilmember Dennis, Councilmember Evans, Councilmember Hickson, Councilmember Carlat, Councilmember Leone and Vice Mayor Hunt voted “yes.” The Motion carried by a vote of 6-0. Mayor Keegan was absent. 27R PUBLIC HEARING – Fiscal Year 2007 Budget RESOLUTION NO. 06-112 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA, ADOPTING THE FISCAL YEAR 2007 BUDGET. PUBLIC HEARING: Vice Mayor Hunt opened the Public Hearing and asked if any Councilmember or citizen wished to comment on Resolution No. 06-112 adopting the City of Peoria’s Final Budget for Fiscal Year 2007. Staff Report/Public Comment: Jeff Tyne, Budget Director, presented a report on the final budget. He explained that the last two items including this public hearing are related to the adoption of the Final Budget. If Council approves a final budget, the last step would be consideration of property tax levy which could be adopted on June 20, 2006. The document provided today is identical to the tentative budget presented to the Council on May 16th; no adjustments have been made to that final budget. Mr. Tyne summarized that the total budget is $654 million which reflects the following percentages: Capital 54%, Operating 31%, Debt Services 9%; Contingency 6% of the budget. Mr. Tyne described a number of different revenue sources. The largest portion includes service charges which is any revenue that is collected for services that benefits specifics users. It can also include such things as recreation services and permit revenues. Should the Council adopt the Final budget tonight, adoption of the property tax levy will be scheduled on June 20, 2006. Councilmember Dennis commented that the State is considering a reduction of income tax and property tax that would affect our State shared revenue. City Manager Terry Ellis responded that because the Legislature is still in session, the City will deal with proposed reductions from the State budget in next year’s budget. If revenues are reduced effective July 1, the City will use one time reserves to cover those reductions. The more serious issue would be the ongoing revenues which we propose to reconcile in next year’s budget. At the present, Staff proposes to adopt the City’s budget and not try to deal with those uncertainties in this year’s budget. We will access our options and look at the entire budget. Council Action: Motion was made by Councilmember Carlat, seconded by Councilmember Dennis, to adopt RES. 06-112 adopting the Fiscal Year 2007 budget. Upon vote, the motion passed unanimously. 28R Rezoning, Loop 101 Freeway, Thunderbird Road, and New River ORDINANCE NO. 06-14 AN ORDINANCE OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA ZONING PROPERTY FROM PLANNED UNIT DEVLOPMENT (PUD) AND INTERMEDIATE COMMERCIAL (C-2) ZONING DISTRICT TO PLANNED AREA DEVELOPMENT (PAD) ZONING DISTRICT; AMENDING THE ZONING MAP AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Hunt opened the Public Hearing and announced that Agenda Item 24R will be presented along with Agenda Item 28R. Agenda Items will be voted on separately. Vice Mayor Hunt asked if any Councilmember or citizen wished to comment on the Rezoning, Loop 101 Freeway, Thunderbird Road and New River. Councilmember Dennis expressed thoughts on traffic on Thunderbird Road. Thunderbird Road has approximately 14 million dollars in order to improve the road due to the current traffic and the projection over the next 20 years. The mixed-use development, commercial and apartment are appropriate uses for that area. This is a good solution in order to provide our citizens diversity. Motion was made by Councilmember Dennis, seconded by Councilmember Hickson, to concur with the Planning and Zoning commission’s recommendation and adopt ORD. 06-14 to rezone approximately 48 gross acres from Planned Unit Development (PUD) to Planned Area Development (PAD), generally bounded by the Loop 101 Freeway, Thunderbird Road, and the New River corridor. (Z 05-07) The motion carried by a vote of four to two with Councilmembers Evans and Carlat voting “no.” 29R Notice of Intent, Wal-Mart Stores, Inc., 79th Avenue and Peoria Avenue Steve Prokopek, Economic Development Director, presented an overview of the new State regulations regarding providing a Notice of Intent. Mr. Prokopek explained the need to adopt a Notice of Intent to enter into a development agreement that includes retail sales tax reimbursements with Wal-Mart Stores, Inc. for a project located at 79th Avenue and Peoria Avenue. Motion was made by Councilmember Dennis, seconded by Councilmember Leone, to adopt a Notice of Intent to enter into a development agreement that includes retail sales tax reimbursements with Wal-Mart Stores, Inc. for a project located at 79th Avenue and Peoria Avenue. Upon vote, the motion carried unanimously. 30R Naming Rights, Peoria Center for the Performing Arts, Main Stage Theater Grady Miller, Director of Communications and Public Affairs, gave the history and background regarding the naming rights agreement relating to the Peoria Center for the Performing Arts, Main Stage Theater. The components of the agreement is for a 20 year term. He explained that if approved, the main stage theater in the Peoria Center for the Performing Arts would be named the Mary Jane Gyder Main Stage Theater. As you enter theater’s auditorium, a portrait of Mary Jane Gyder will be displayed. Thom Gyder presented a tribute to his mother, Mary Jane Gyder, for her commitment to volunteerism, her love of art and theatre and her faith in future generations in our community. Vice Mayor Hunt acknowledged Mary Jane Gyder’s work. Jack Lytle, CEO of Theater Works, also spoke about Mary Jane Gyder’s contribution to Theater Works. Motion was made by Councilmember Dennis, seconded by Councilmember Hickson, to approve a naming rights agreement with AMAR Enterprises, Inc. authorizing the main stage theater in the Peoria Center for the Performing Arts to be named the Mary Jane Gyder Main Stage Theater. Upon vote, the motion carried unanimously. 31R Budget Appropriation, Emergency Response Plan Terry Ellis, City Manager, reported that local governments will need to be self-sufficient and ready to deal with any form of pandemic. The City of Peoria will take this seriously as this will be a good investment and funds will not be wasted. Larry Rooney, Deputy Chief of Support Services, gave a presentation on the City of Peoria’s Emergency Management and Preparedness Plan. Mr. Rooney emphasized the following reasons for preparation: * Heightened need for a local response * Protection of human health * Continuation of governmental services He also stated that the City has already acted on the following: * Coordinated with County and State Health department * Prepared a City of Peoria pandemic response plan * Held pandemic awareness training of staff Mr. Rooney noted that public information and education can be found on links from the City of Peoria website: www.peoriaaz.gov. Information will be on the Home Page under the link to Fire Department and Emergency Preparedness with links to the Center for Disease Control (CDC) and to both State and County Health departments. There will be public safety announcements on preparedness and prevention/hygiene awareness on Channel 11. Motion was made by Councilmember Evans, seconded by Councilmember Hickson, to authorize the use of General Fund Reserves; and approve an appropriation transfer in the amount of $235,108 from the General Fund Contingency Account to fund the recommendations outlined in the Emergency Response Plan for a potential future pandemic. Upon vote, the motion carried unanimously. CALL TO THE PUBLIC: (NON-AGENDA ITEMS) Reports from the City Manager: None Reports from City Council: Councilmember Leone thanked Jeff Tyne for a good work on the budget. He congratulated Councilmember Pat Hickson on his appointment to Council. Councilmember Leone reported on several events he recently attended: breakfast at Emanuel Care Center on Memorial Day, Peoria High School graduation ceremony, and Peoria High School Baseball team Booster Club’s picnic. Councilmember Carlat reported attending the Sonoma Mountain Ranch Park dedication in the Mesquite District. She extended congratulations to Councilmember Pat Hickson. Councilmember Evans reported that there is a bill before the Legislature to change the amount of food to alcohol ratio by lowering the ratio. This should be a concern of all members. She encouraged the public to contact their Legislators and to lobby the Governor to veto this bill. Councilmember Dennis agreed with Councilmember Evans. She reported on the House and Senate tax reduction efforts. Councilmember Dennis reported attending a Day at the Pool at Centennial, and noted that Southwest Ambulance had provided a donation for swim lessons. Those interested in swim lesson should contact Community Services. Reports from the Mayor: None ADJOURNMENT: Being no further business to come before the Council, the meeting was duly adjourned at 9:08 p.m. ______________________________________ John C. Keegan, Mayor ATTEST: ______________________________________ Mary Jo Kief, City Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting of the City Council of Peoria, Arizona held on the 6th day of June, 2006. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 21st day of August, 2006. (Seal) ______________________________________________ Mary Jo Kief, City Clerk