MINUTES OF THE PEORIA CITY COUNCIL CITY OF PEORIA, ARIZONA COUNCIL CHAMBER September 5, 2006 A Regular Meeting of the City Council of the City of Peoria, Arizona was convened at 8401 West Monroe Street in open and public session at 7:04 p.m. Following a moment of silence, Councilmember Hickson led the Pledge of Allegiance. Members Present: Vice Mayor Vicki Hunt; Councilmembers Pat Dennis, Joan Evans, Pat Hickson, Cathy Carlat, and Carlo Leone. Members Absent: Mayor John Keegan. Other Municipal Officials Present: Terrence Ellis, City Manager; Carl Swenson, Deputy City Manager; Susan Thorpe, Deputy City Manager; John Wenderski, Deputy City Manager; Steve Kemp, City Attorney; Mary Jo Kief, City Clerk; Stephen Bontrager, David Leonardo, Brent Mattingly, Grady Miller, Dave Moody, Steve Prokopek, Jeff Tyne, and Carolyn Hinderliter. Audience: Approximately seven individuals were present. Note: The order in which items appear in the minutes is not necessarily the order in which they were discussed in the meeting. PRESENTATIONS: 1. Certificates of Appointment: Vice Mayor Hunt presented Certificates of Appointment to the following Board and Commission members: Sergeant Richard Scrivens – Public Safety Personnel Retirement System Local Board – Police Anthony L. Neely – Public Safety Personnel Retirement System Local Board – Fire Clerk’s Note: Mr. Neely was not present to receive his certificate. 2. Key to the City – Kosier Family: Vice Mayor Hunt presented the Key to the City to the Kosier Family in recognition of 81 years of outstanding service to the community. Vice Mayor Hunt thanked them for their service of operating the Kosier True Value Hardware Store and stated that they will be missed. 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. There will be no separate discussion of these items unless a Councilmember so requests; in which event the item will be removed from the General Order of Business, and considered in its normal sequence on the Agenda. Vice Mayor Hunt asked if any Councilmember wished to have an item removed from the Consent Agenda. Vice Mayor Hunt asked to hear agenda items 3C and 4C separately. Councilmember Dennis asked to hear agenda item 5C separately. Councilmember Carlat asked to hear agenda item 12C separately. Motion was made by Councilmember Evans, seconded by Councilmember Leone, to approve the consent agenda with the exception of agenda items 3C, 4C, 5C and 12C which were addressed separately. Upon vote, the motion carried unanimously. CONSENT – Unfinished Business: 1C Contract, Greater Phoenix Economic Council (Item 16C, August 21, 2006) a) Authorized the City Manager to renew the service contract with the Greater Phoenix Economic Council for Fiscal Year 2007 (LCON08606); b) Approved the use of reserves from the Half Cent Fund; and c) Authorized a transfer in the amount of $1,927.00 from the Half Cent Fund Contingency Account to the Half Cent Fund City Participation-Outside Programs Account. CONSENT - New Business: 2C MINUTES: Special Meeting 4:00 p.m. – July 11, 2006 Special Meeting 7:00 p.m. – July 11, 2006 3C Note: This item heard separately following the other Consent Agenda Items. 4C Note: This item heard separately following the other Consent Agenda Items. 5C Note: This item heard separately following the other Consent Agenda Items. 6C New Classifications, Re-range and Re-classification, Current Specified Positions Approved the recommendations of the Personnel Review Committee to establish salary ranges for new classifications and re-ranging and re-classifying current classifications in the City Manager’s Office, Community Development, Community Services, Engineering and Utilities Departments. 7C Contract, Stanley Consultants, Consulting Services, 99th Avenue and Rose Garden Well Awarded a contract in an amount not to exceed $123,832.00 to Stanley Consultants to provide consulting services for well equipping and site design of the 99th Avenue and Rose Garden Lane Well (LCON09806). 8C Contract, Parsons Brinckerhoff Quade and Douglas, Inc., Corridor Assessment, Peoria Avenue/91st Avenue and Loop 101 Freeway Approved a contract in the not to exceed amount of $52,306.89 with Parsons Brinckerhoff Quade and Douglas, Inc., for pre-design services of a corridor assessment report of Peoria Avenue from the Loop 101 Freeway to 91st Avenue (LCON09906). 9C Repayment Agreement Waiver, KLOS Enterprises, L.L.C., 77th Avenue and Paradise Lane a) Authorized the City Manager to execute a Repayment Agreement Waiver in the amount of $164,092.00 with KLOS Enterprises, L.L.C. for construction located at 77th Avenue south of Paradise Lane (LCON09603B); and b) Approved the use of reserves from the Half-Cent Sales Tax Fund; and c) Approved budget amendment from the Half-Cent Sales Tax Fund Contingency Account into the Half-Cent Sales Tax Fund, Other Professional Services Account. 10C Authorize Expenditure, Trojan Technologies, Beardsley Road Water Reclamation Facility Authorized an expenditure in an amount not to exceed $109,397.20 utilizing an existing City contract with Trojan Technologies to supply an upgrade to the existing ultra-violet disinfection system at the Beardsley Road Water Reclamation Facility. 11C Authorize Expenditure, State of Arizona, Sagem Morpho, Inc., Arizona Automated Fingerprint Identification System Authorized an expenditure in the amount of $61,446.53 utilizing an existing State of Arizona contract through Sagem Morpho, Inc. for the mandatory replacement of the current Arizona Automated Fingerprint Identification System (AZAFIS). 12C Note: This item heard separately following the other Consent Agenda Items. 13C Easement, Salt River Project, Butler Treatment Plant, 83rd Avenue and Loop 101 Freeway Authorized an expenditure in the amount of $24,000.00 for the acquisition of a 20-foot easement from Salt River Project related to the Butler Treatment Plant for a sewer force main, a refuse water line and a storm sewer within the SRP power corridor between 83rd Avenue and the Loop 101 Freeway. 14C Utility Easement, Terramar Park Improvements, 68th Avenue and Happy Valley Road RESOLUTION NO. 06-132 RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA, AUTHORIZING THE GRANTING OF A PUBLIC UTILITY EASEMENT, ASSOCIATED WITH THE CONSTRUCTION OF IMPROVEMENTS AT TERRAMAR PARK. Adopted RES. 06-132 authorizing the City Manager to execute an electric utility easement to Arizona Public Service associated with the construction of Terramar Park Improvements located at 68th Avenue and Happy Valley Road. 15C Re-plat, Arrowhead Business Park II, 87th Avenue and Kelton Lane Approved a re-plat for Arrowhead Business Park II, Phase 2 Condominium, located at the southwest corner of 87th Avenue and Kelton Lane, subject to stipulations. (Project No. R050050) 16C Authorization to Hold an Executive Session Pursuant to A.R.S. § 38-431.03.A.4: Authorized the holding of an Executive Session for the purpose of discussion and consultation with legal counsel for legal advice on pending litigation in (1) Brinks v. Cities of Peoria and Phoenix; and (2) Mayer Unified School District v. Winkleman, et. al. Items Removed From Consent: 3C Code Amendment, Ch. 2, Sister Cities Board ORDINANCE NO. 06-30 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA AMENDING CHAPTER 2 OF THE PEORIA CITY CODE (1992) BY ENACTING SECTION 2-131 PERTAINING TO SISTER CITIES BOARD; ESTABLISHMENT AND DUTIES AND ENACTING SECTION 2- 132 PERTAINING TO SISTER CITIES BOARD; QUALIFICATIONS AND AMENDING 2-152 PERTAINING TO BOARDS AND COMMISSIONS; UNSCHEDULED BOARDS AND COMMISSIONS AND PROVIDING THAT SECTIONS 2-134 -2-149 SHALL BE RESERVED AND PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Clerk’s Note: Item 3C and 4C were heard together. Grady Miller, Communications and Public Affairs Director, reported that citizens can be appointed from a variety of disciplines to boards and bring their unique backgrounds to enhancing the City’s Sister City relationship. As part of developing Sister City relationships, many cities encourage wider community involvement. Steve Kemp, City Attorney, explained that in reference to the proposed Sister Cities Board and Veterans Board, many cities form community boards or commissions to encourage wider community involvement on civic issues. The proposed boards would consist of seven members each. The board members are not required to be residents of the City. The board is defined as one of the City’s unscheduled boards. Vice Mayor Hunt stated that she would like to see at least five of the seven members on the Sisters Cities board be represented by Peoria citizens. In response to a question by Councilmember Dennis, Mr. Kemp explained that all applicants would go through the same application and appointment process as other City Boards and Commissions. Steve Kemp, City Attorney, stated that as part of the Rio Vista Community Park Project, a Veterans Memorial has been incorporated. Mr. Kemp reported that the memorial will become a focus of many activities involving the contributions of Veterans to Peoria. This formal board was created to oversee the Veterans Memorial and related activities. Citizens can be appointed from a variety of disciplines to bring their unique backgrounds and to recognize the important contributions by Veterans to the community. Motion was made by Councilmember Dennis, seconded by Councilmember Hickson, to adopt ORD. 06-30 and ORD. 06-31 amending Chapter 2 of the Peoria City Code (1992 Edition) to establish a Sister Cities Board and a Veterans Memorial Board. Upon vote, the motion carried unanimously. 4C Code Amendment, Ch. 2, Veterans Memorial Board ORDINANCE NO. 06-31 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA AMENDING CHAPTER 2 OF THE PEORIA CITY CODE (1992) BY ENACTING SECTION 2-135 PERTAINING TO VETERANS MEMORIAL BOARD; ESTABLISHMENT; POWERS AND DUTIES AND ENACTING SECTION 2-136 PERTAINING TO VETERANS MEMORIAL BOARD, QUALIFICATIONS AND PROVIDING THAT SECTIONS 2-137 – 2-149 SHALL BE RESERVED AND AMENDING SECTION 2-152 PERTAINING TO BOARDS AND COMMISSIONS; UNSCHEDULED BOARDS AND COMMISSIONS AND PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Clerk’s Note: Item 3C and 4C were heard together. See discussion above. Motion was made by Councilmember Dennis, seconded by Councilmember Hickson, to adopt ORD. 06-30 and ORD. 06-31 amending Chapter 2 of the Peoria City Code (1992 Edition) to establish a Sister Cities Board and a Veterans Memorial Board. Upon vote, the motion carried unanimously. 5C Code Amendment, Ch. 13, Nuisances ORDINANCE NO. 06-32 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA AMENDING CHAPTER 13 OF THE PEORIA CITY CODE (1992) BY REPEALING SECTION 13-77 PERTAINING TO NOISE; RESIDENTIAL AREAS AND REPEALING SECTION 13-78 PERTAINING TO SECOND RESPONSE; DEFINITIONS AND REPEALING SECTION 13-79 PERTAINING TO SECOND RESPONSE; WARNING NOTICE AND REPEALING SECTION 13-80 PERTAINING TO SECOND RESPONSE; LAW ENFORCEMENT SERVICES RESTITUTION AND AMENDING SECTION 13-81 PERTAINING TO SECOND RESPONSE; PAYMENTS, TIME, METHODS, NON PAYMENTS AND ENACTING SECTION 13-90 PERTAINING TO NOISE; DEFINITIONS AND ENACTING SECTION 13-91 PERTAINING TO NOISE; CONSTRUCTION AND ENACTING SECTION 13-92 PERTAINING TO NOISE; GENERAL PROHIBITIONS AND ENACTING SECTION 13-93 PERTAINING TO NOISE; SPECIFIC PROHIBITIONS AND ENACTING SECTION 13-94 PERTAINING TO NOISE; SOUND AMPLIFYING EQUIPMENT AND ENACTING SECTION 13-95 PERTAINING TO NOISE; VEHICULAR EMISSIONS AND EXHAUSTS AND ENACTING SECTION 13- 96 PERTAINING TO NOISE; NOISE SENSITIVE AREAS AND ENACTING SECTION 13-97 PERTAINING TO NOISE; EXEMPTIONS AND ENACTING SECTION 13-98 PERTAINING TO NOISE; SECOND RESPONSE; DEFINITIONS AND ENACTING SECTION 13-99 PERTAINING TO NOISE; SECOND RESPONSE; WARNING NOTICE AND ENACTING SECTION 13-102 PERTAINING NOISE; ENFORCEMENT AND ENACTING SECTION 13-103 PERTAINING TO NOISE; PENALTIES AND AMENDING CHAPTER 2, TABLE 2-213 OF THE PEORIA CITY CODE (1992) TO PROVIDE FOR A FEE FOR APPLICATIONS FOR NOISE SENSITIVE AREAS AND PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. In response to a question from Councilmember Dennis, Steve Kemp, City Attorney, reported that the City’s current noise provisions were adopted in 1994 and the Code was amended in 2000. In 2006, the Police Department acquired decibel measuring equipment and began training for the use of the equipment. Previous ordinance changes involved objective standards based on what would disturb a reasonable person, but reasonable people can disagree. The new ordinance may not solve all of the problems within commercial and residential areas, but the concept was to give the Police Department an updated tool to use in monitoring noise issues where the noise results in significant disturbance. Mr. Kemp advised that the ordinance improved definitions and also increases penalties and enforcement. Councilmember Hickson commended Mr. Kemp and Staff for introducing the new ordinance. Councilmember Dennis noted the importance of addressing noise and smoke on outdoor patios and felt this ordinance would help monitor those issues. Motion was made by Councilmember Carlat, seconded by Councilmember Dennis, to adopt ORD. 06-32 amending Chapter 13 of the Peoria City Code (1992 Edition) adopting revisions to the City’s Noise Ordinance. Upon vote, the motion carried unanimously. 12C Budget Transfer, Flood Control District of Maricopa County, Road Drainage Projects, 83rd Avenue and Pinnacle Peak Road Councilmember Carlat asked David Moody, Engineering Director, to make a presentation on the drainage projects and explain the need for the large budget transfer for the drainage projects. Mr. Moody provided an overview of the Intergovernmental Agreement with the Maricopa County Flood Control District for the funding of the design, rights-of-way acquisition and utility relocations for the 83rd Avenue and Pinnacle Peak Road drainage improvements. The project was expanded to include relocation of a regional storm water basin and inclusion of additional areas from 83rd Avenue to 91st Avenue. Mr. Moody clarified the need for the budget transfer in the amount of $1,405,202 within the 83rd Avenue and Pinnacle Peak Road Drainage Improvements Project. The original estimates did not anticipate the increase in land values. This transfer authorizes the use of project construction funds to pay for the City’s share of land acquisitions by the Flood Control District of Maricopa County. Councilmember Dennis asked about the location of the Beardsley channel. Mr. Moody explained that the Beardsley channel starts at Lake Pleasant Road along Beardsley Road west to 115th Avenue. Motion was made by Councilmember Carlat, seconded by Councilmember Leone, to: a) Approve a Fiscal Year 2006 budget transfer in the amount of $1,405,202.00 from the 83rd Avenue and Pinnacle Peak Road Draining Improvements Project Proposed General Obligation (GO) Bond Fund Storm Drain System Account to the Proposed GO Bond Fund Storm Drain System Account for the City’s portion of land acquisitions by the Maricopa County Flood Control District; b) Approve the use of bond proceeds, and a budget transfer in the amount of $1,497,848.00 from the Proposed GO Bond Fund Contingency Account to the Proposed GO Bond Fund Storm Drain System Account to restore the construction funds used for land acquisition in Fiscal Year 2006 and increase the construction budget to reflect the most recent engineer’s estimate; and c) Approve the use of bond proceeds, and a budget transfer in the amount of $5,000.00 from the Proposed GO Bond Contingency Account to the Proposed GO Bond Fund Storm Drain System Account for the purchase of temporary construction easements. Upon vote, the motion carried unanimously. REGULAR AGENDA UNFINISHED BUSINESS 17R PUBLIC HEARING – Permanent Extension of Premises, Moon Saloon (Item 2R, August 21, 2006) PUBLIC HEARING: Vice Mayor Hunt opened the Public Hearing and asked if any Councilmember or citizen wished to comment on a request for an approval of a Permanent Extension of Premises for Moon Saloon, located at 16554 N. 83rd Avenue. Staff Report/Public Comment: Clerk’s Note: Staff report presented on August 21, 2006 and are on file with August 21, 2006 minutes. Jerry Lewkowitz, applicant and representative of Moon Saloon, filed an application for a permanent extension of premises. The proposed addition is a new covered patio that will result in a total of 650 square feet. The new patio is located on the west side of the building adjacent to the main entrance. Mr. Lewkowitz reported that the Moon Saloon has been opened three and a half years and has never had an incident, such as a liquor violation. Councilmember Hickson stated he had visited this location and could see no reason not to approve the permanent extension of premises. It is being enclosed and is surrounded by commercial properties. Council Action: Motion was made by Councilmember Hickson, seconded by Councilmember Evans, to recommend approval to the State Liquor Board of a Permanent Extension of Premises for Moon Saloon, located at 16554 N. 83rd Avenue. Applicant: H.J. Lewkowitz. LL#31274. Upon vote, the motion carried unanimously. NEW BUSINESS 18R Re-plat, 80th Drive Habitat for Humanity, 80th Avenue/80th Drive and Varney Road David Moody, Engineering Director, gave the history of the re-plat and an overview of the three-lot subdivision. Staff recommends approval of the re-plat for Habitat for Humanity, a three-lot subdivision, located north of Varney Road between 80th Avenue and 80th Drive, subject to stipulations (Project No. R060072). The stipulation requires that recordation take place within sixty (60) days of Council’s approval. Councilmember Carlat questioned having one lot split into four with a house on one of the lots. Glen Van Nimwegen, Director of Community Development, explained that one lot has been split. Habitat for Humanity will buy two of the four lots, and the current owner would stay on one lot. Councilmember Dennis asked about the size of the lots. Mr. Van Nimwegen explained that the lots were 50 feet to 55 feet wide and approximately 150 feet long. Motion was made by Councilmember Evans, seconded by Councilmember Hickson, to approve the re-plat for Habitat for Humanity, a three-lot subdivision, located approximately 430 feet north of Varney Road between 80th Avenue and 80th Drive, subject to stipulations (Project No. R060072). Upon vote, the motion carried unanimously. 19R Code Amendment, Ch. 2, Office of the City Manager ORDINANCE NO. 06-33 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA AMENDING CHAPTER 2 OF THE PEORIA CITY CODE (1992) BY AMENDING SECTION 2-62 PERTAINING TO CITY MANAGER; DEPUTY CITY MANAGER; DUTIES; APPOINTMENT, TERM, AMENDING SECTION 2-81 PERTAINING TO FINANCE DEPARTMENT; ESTABLISHMENT, AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. Terry Ellis, City Manager, stated that ORD. 06-33 is a proposed ordinance that would make the Finance Director the Chief Financial Officer of the City. The incumbent is Mr. Brent Mattingly. By this action, the title and responsibilities of the Chief Financial Officer (CFO) will be conferred upon Mr. Mattingly. John Wenderski was the previous Financial Director and one year ago became Deputy City Manager. At that time, the CFO designation stayed with Mr. Wenderski. The purpose of this action will be to consolidate the role of CFO with Finance Director and confer that responsibility on Mr. Mattingly. Mr. Ellis explained that the role of CFO is an extremely important position in the affairs of the City. The CFO manages the risk of the City, has overall responsibility of its finances, and ensures that all financial practices concur with Council’s adopted fiscal policy of Principles of Sound Financial Management. The responsibilities include all financial planning; financial reporting; financial accounting; revenue management; treasury functions; purchases of goods and services; and investments of the Cities fund. Mr. Ellis stated that Mr. Mattingly is extremely qualified for the CFO position. Councilmember Dennis asked if the CFO would be involved with future development agreements, or will that responsibility be divided out. Mr. Wenderski explained that Staff would take the appropriate role in the development agreement. The development agreement would be managed and tracked by the Budget Office. The CFO would be involved in helping create the development agreement because of the financial nature of the agreement. Vice Mayor Hunt asked if there would be an increase in salary. Mr. Ellis responded that there would be no increase in salary, just responsibility. Motion was made by Councilmember Dennis, seconded by Councilmember Carlat, to adopt ORD. 06-33 amending Chapter 2 of the Peoria City Code (1992 Edition) designating the Chief Financial Officer. Upon vote, the motion carried unanimously. CALL TO THE PUBLIC: (NON-AGENDA ITEMS) Report from the City Manager: Quarterly Roadway and Traffic Improvement Project Report Mr. Moody provided the Quarterly Roadway and Traffic Improvement Project Report. The report included an overview of major roadway construction improvement projects, roadway improvement projects with the Arizona Department of Transportation (ADOT), traffic signal improvement projects, traffic signal warrant studies/design, joint traffic signal studies between Maricopa County Department of Transportation (MCDOT) and the City of Peoria and traffic signal interconnect report as of September 5, 2006. The projects are as follows: ? Intersection improvements at 83rd Avenue and Thunderbird Road ? Thunderbird Design Concept Report, Loop 101 to West City limits ? Sweetwater Storm Drain ? Widening Grand Avenue Loop 101 to 84th Avenue ? 91st Avenue and Monroe Street ? Loop 101 Quiet Pavement Northern to Thunderbird Road ? 107th Avenue and Northern Avenue ? 91st Avenue and Olive ? Peoria/Grand/83rd Avenue Connector Street Improvements and Pedestrian Project ? 83rd Avenue Realignment, Grand to Peoria Avenue ? 67th Avenue Olive to Peoria ? 16” Water System Improvement, 75th Avenue, Olive to Cholla ? 83rd Avenue and Union Hills Widening ? Bell Road Signal Project ? 91st Avenue and Greenbrier ? 79th Avenue, Greenway to Coral Gables ? 67th Avenue, Thunderbird to Arizona Canal Diversion Channel ? Lake Pleasant Parkway Phase 3 and 3A, Williams Road to West Wing Parkway ? Lake Pleasant Parkway and Happy Valley Road ? Lake Pleasant Parkway and Pinnacle Peak Road ? Lake Pleasant Parkway Phase 2 to Williams Road ? 91st Avenue and Deer Valley ? Deer Valley Road, 91st Avenue to 83rd Avenue ? Beardsley Road Extension ? 67th Avenue Pinnacle Peak Road to Happy Valley Road ? Happy Valley Road, Lake Pleasant Road to Terramar Boulevard ? 91st Avenue and Pinnacle Peak Road ? 83rd Avenue, Williams to Calle Lejos ? 83rd Avenue and Pinnacle Peak Road ? Carefree Road Street Improvements, Agua Fria to Lake Pleasant Parkway Discussion included: traffic signal locations, widening the streets at 103rd Avenue, landscaping and sidewalks on the northwest corner of 107th and Northern, and scheduling projects. In response to a question from Councilmember Leone regarding a traffic light at 103rd Avenue and Northern, Mr. Moody explained that Parke West Development had an agreement to put in traffic lights at 99th Avenue and Northern Avenue. In response to questions from Councilmember Leone, Mr. Moody explained that improvements were planned from New River to 103rd Avenue including improvements and widening on 107th Avenue. Mr. Moody also explained that he would report back to Councilmember Leone with more information regarding landscaping and a sidewalk on the northwest corner of 107th Avenue and Northern Avenue. In response to a question from Councilmember Hickson regarding the safety of 91st Avenue and Deer Valley near the high school, Mr. Moody explained that there were driving restrictions for freshmen and sophomores. There was no schedule on when a signal would be installed. In response to questions from Councilmember Carlat regarding right- of-way and gaining access to the property, Mr. Moody commented about the application, how money had to be reprioritized, and how the right-of-way issue and traffic signal were tied together. Once the bids come in, Staff will be back in mid-October to provide more information to Council. In response to a question from Councilmember Leone regarding the Desert Cove annexation, Mr. Moody commented that he would obtain more information once a contractor is selected. Councilmember Hickson asked about Deer Valley drainage construction. Mr. Moody commented that there would be a continuous roadway on Deer Valley from 109th Avenue to 75th Avenue. Councilmember Hickson expressed concern with the Deer Valley drainage and Beardsley Road extension in 2008. Mr. Moody explained that the decision had not been made and permission was needed from Glendale and ADOT. He would have an answer for Council the first of next year. Reports from City Council: Councilmember Hickson reported that he attended a meeting at Sunrise Mountain High School regarding the Deer Valley project. He also reminded everyone to vote. Councilmember Carlat thanked Mr. Moody and Staff for their efforts regarding Lake Pleasant Parkway. All citizens have a right to access the City’s website and can find current information on road construction in the City. Councilmember Leone thanked Mr. Moody for the 107th Avenue construction update. He reminded everyone to exercise their right to vote. Councilmember Leone asked that no one forget September 11th, the tragedy in New York; and he asked everyone to raise flags on their homes and office buildings. Councilmember Dennis reported that she also attended the meeting at Sunrise High School. Councilmember Dennis asked the City Attorney to look at a specific plan and date of completion for private contractors building roads. She stated that private contractors are interfering with traffic, specifically in the area of 89th Avenue, north of Cactus. Steve Kemp, City Attorney, stated he would work with the Engineering Department to look at this issue. Councilmember Evans requested public input on the walkway paths connecting Rio Vista Park underneath 83rd Avenue and along Skunk Creek. There will be a public meeting next week to give input and ideas on designing the pathway. Please make your voice heard. Reports from Vice Mayor: None. ADJOURNMENT: Being no further business to come before the Council, the meeting was duly adjourned at 8:24 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 5th day of September, 2006. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 14th day of November, 2006. (Seal) ______________________________________________ Mary Jo Kief, City Clerk 4