MINUTES OF THE PEORIA CITY COUNCIL CITY OF PEORIA, ARIZONA COUNCIL CHAMBER June 5, 2007 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 7:00 p.m. Following a moment of silence, Councilmember Aames led the Pledge of Allegiance. Members Present: Mayor Bob Barrett; Vice Mayor Vicki Hunt; Councilmembers Ron Aames, Cathy Carlat, Joan Evans and Dave Pearson. Members Absent: Carlo Leone 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, Greg Eckman, Bill Mattingly, Brent Mattingly, Grady Miller, Dave Moody, Steve Prokopek, Larry Ratcliff, Jeff Tyne, Glen Van Nimwegen, Constance Copeland and James Mason. Audience: Approximately 25 members of the public 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. 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. Mayor Barrett asked if any Councilmember wished to have an item removed from the Consent Agenda. Councilmember Carlat requested that item 4C be carried over to the next Regular Council Meeting and Councilmember Aames requested item 12C be heard separately. Motion was made by Councilmember Aames, seconded by Councilmember Evans, to approve the Consent Agenda as submitted with the exception of Items 4C and 12C. Upon vote, the motion carried unanimously. CONSENT – New Business: 1C MINUTES: Approved Budget Study Session – April 21, 2007 Budget Study Session – April 23, 2007 Special Meeting – May 1, 2007 Regular Meeting – May 1, 2007 Study Session – May 15, 2007 Regular Meeting – May 15, 2007 2C Appointments/Reappointments, Boards and Commissions Approved the recommendations from the Council Subcommittee on Boards and Commissions Appointments and adopted RES. 07-77 through RES. 07-81 pertaining to the following appointments and/or reappointments: RESOLUTION 07-77 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA, APPOINTING HAROLD GRIBOW AND GARNER PALENSKE TO THE BUILDING BOARD OF APPEALS AND ESTABLISHING THE TERMS OF OFFICE THEREOF. RES. 07-77 Appointing Harold Gribow and Garner Palenske as regular members to the Building Board and Appeals with terms to expire June 2011. RESOLUTION 07-78 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA, APPOINTING RANDY WRIGHT TO THE INDUSTRIAL DEVELOPMENT AUTHORITY AND ESTABLISHING THE TERM OF OFFICE THEREOF. RES. 07-78 Appointing Randy Wright as a regular member to the Industrial Development Authority with a term to expire June 2013. RESOLUTION 07-79 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA, APPOINTING ALEXANDER OBIS TO THE PUBLIC SAFETY RETIREMENT SYSTEM BOARD FOR FIRE AND ESTABLISHING THE TERM OF OFFICE THEREOF. RES. 07-79 Appointing Alexander Obis as a regular member to the Public Safety Retirement System Board for Fire with a term to expire June 2011. RESOLUTION 07-80 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA, APPOINTING ALEXANDER OBIS TO THE PUBLIC SAFETY RETIREMENT SYSTEM BOARD FOR POLICE AND ESTABLISHING THE TERM OF OFFICE THEREOF. RES. 07-80 Appointing Alexander Obis as a regular member to the Public Safety Retirement System Board for Police with a term to expire June 2011. RESOLUTION 07-81 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA, APPOINTING AMY ANDELIN, ANTHONY DURFEY, ANTHONY HARRINGTON, MAGGIE MATHESON AND CHRIS RAMIREX AS REGULAR MEMBERS; AND DALE BUCHERT AND COLLIN GUZMAN AS ALTERNTE MEMBERS; AND REAPPOINTING ROBERT BELANGER, JULIA GROSE, JESSICA HEWITT, JARED HUMMELL, KRISTEN MATHESON AND JANE WAKEFIELD AS REGULAR MEMBERS TO THE YOUTH ADVISORY BOARD AND ESTABLISHING THE TERMS OF OFFICE THEREOF. RES. 07-81 Appointing Amy Andelin, Anthony Durfey, Anthony Harrington, Maggie Matheson and Chris Ramirez as regular members, and Dale Buchert and Collin Guzman as alternate members; and reappointing Robert Belanger, Julia Grose, Jessica Hewitt, Jared Hummel, Kristen Matheson and Jane Wakefield as regular members to the Youth Advisory Board with terms to expire June 2009. 3C Code Amendment, Chapter 2, Section 2-207, Community Services Department, Resident and Non-Resident Fees ORDINANCE NO. 07-15 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA AMENDING CHAPTER 2 OF THE PEORIA CITY CODE (1992) BY AMENDING TABLE 2-207 PERTAINING TO FEES CHARGED BY THE COMMUNITY SERVICES DEPARTMENT AND PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Adopted ORD. 07-15 amending Chapter 2, Section 2-207, of the Peoria City Code (1992 Edition) approving recommended changes to the Community Services Department resident and non-resident fees, the permissible fee range for residents and establishing a permissible range for non-residents for various services. 4C Deannexation, Palm Canyon Business Park, North of Bell Road Between New River and the Loop 101 Freeway Clerk’s Note: This item was heard at the end of the Consent Agenda. ORDINANCE NO. 07-16 AN ORDINANCE OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA DEANNEXING CERTAIN REAL PROPERTY, APPROXIMATELY 12.72 ACRES OF LAND, LOCATED NORTH OF BELL ROAD, EAST OF NEW RIVER, WEST OF LOOP 101 FREEWAY, CONTINGENT UPON ANNEXATION OF SAID PROPERTY BY THE CITY OF GLENDALE, ARIZONA, PURSUANT TO THE PROVISIONS OF A.R.S. §9-471.02. Motion was made by Councilmember Carlat, seconded by Councilmember Evans, to carryover to the next Council Meeting the discussion and possible action to adopt ORD. 07- 16 de-annexing approximately 12.72 acres of land, located north of Bell Road between New River and the Loop 101 Freeway contingent upon annexation by the City of Glendale, Arizona. (ANX 07-03), was carried over to June 19, 2007 Council Meeting. Upon vote, the motion to carryover item 4C to the next Council Meeting carried unanimously. 5C Applicant Agent Designation, Arizona Division of Emergency Management RESOLUTION NO. 07-82 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA DESIGNATING THE CITY OF PEORIA DEPUTY FIRE CHIEF AS THE ARIZONA DIVISION OF EMERGENCY MANAGEMENT “APPLICANT AGENT” FOR ALL CURRENT AND FUTURE CITY OF PEORIA REQUESTS FOR REIMBURSEMENT OF FUNDS SPENT BY THE CITY ON RESPONSES TO EMERGENCY AND/OR DISASTERS WITHIN THE STATE OF ARIZONA. a) Approved removing Mike Fusco, City of Peoria Safety and Training Officer, as the Arizona Division of Emergency Management Applicant Agent; and b) Adopted RES. 07-82 designating Larry Rooney, Deputy Chief of Operations, Peoria Fire Department, as the new Arizona Division of Emergency Management Applicant Agent to submit applications for the reimbursement of funds spent for response to emergency and/or disasters within the State of Arizona. 6C Grant Acceptance, Bureau of Justice Assistance, Bulletproof Vest Partnership (BVP) RESOLUTION NO. 07-83 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 $10,907 FROM THE BUREAU OF JUSTICE ASSISTANCE (BJA), BULLETPROOF VEST PARTNERSHIP GRANT PROGRAM. a) Adopted RES. 07-83 authorizing the City of Peoria Police Department to accept a partial reimbursement grant in the amount of $10,907 from the Bureau of Justice Assistance, BVP Grant Program to assist with the purchase of ballistic vests for police officers; and b) Approved a budget amendment in the amount of $10,907 from the Proposed Grant Fund Contingency Account to the BVP Grant Fund Wearing Apparel Safety Account. 7C Void 8C Grant, Arizona State Library, Archives and Public Records, “State Grants in Aid”, Operational Supplies and Library Materials a) Accepted a grant in the amount of $7,073 from the “State Grants in Aid” to provide funding to the City of Peoria Library for operational supplies and library materials in Fiscal Year 2007; and b) Approved budget transfers from the Grant Contingency Account to the Operational Supplies/Equipment Account in the amount of $5,000 and to the Books, Periodicals/ Subscriptions Account in the amount of $2,073 to establish budget appropriation. 9C Grant Acceptance, Maricopa County Attorney’s Office, Asset Forfeiture Program, RICO (Racketeering Influenced Corrupt Organizations) Fund a) Authorized the formal acceptance of two RICO fund grants from the Maricopa County Attorney’s Office, Asset Forfeiture Program, in the amount of $38,390 for digital recorders and accessories for Police Department investigations and citizen contact; and in the amount of $2,358.50 for the Arizona Coalition for Victim’s Services to assist with payment for the annual Arizona Victim Assistance Academy; and b) Approved a budget amendment from the General Fund Contingency Account in the total amount of $40,748.50 to the State Anti-Racketeering - City Attorney Forfeiture Office Equipment and Furniture Account in the amount of $38,390 and to the Victim’s of Crime Act Grant Account in the amount of $2,358.50 to provide expenditure authority in Fiscal Year 2007. 10C Contract Amendment, Damon S. Williams Associates, LLC Approved Contract Amendment No. 4 in the amount of $13,090 with Damon S. Williams Associates, LLC for completion of the conceptual designs for use as models for treating water quality issues at City well sites. (LCON09703D) 11C Salary and Related Changes, Management, Professional, Supervisory, and Confidential Unrepresented Employees Adopted salary and related changes for management, professional, supervisory and confidential unrepresented employees. 12C Re-range, Re-title and Re-classification, Current Specified Positions Clerk’s Note: This item was heard at the end of the Consent Agenda. Motion was made by Councilmember Aames to approve the recommendations of the Personnel Review Committee regarding the establishment of new classifications in the Budget, Community Services, Finance, Fire, Municipal Court, Police, Public Works and Utilities Departments, with the exception that re-ranges for Police Officer positions be effective July 1, 2007. Steve Kemp, City Attorney, advised that the Personnel Review Committee makes recommendations to Council regarding the establishment of new classifications and re- ranges. The recommendation that Police Officer positions be effective July 1, 2007 was for legal purposes. Councilmember Carlat seconded the motion to approve the recommendations of the Personnel Review Committee regarding the establishment of new classifications in the Budget, Community Services, Finance, Fire, Municipal Court, Police, Public Works and Utilities Departments, with the exception that re-ranges for Police Officer positions be effective July 1, 2007. Upon vote, the motion carried unanimously. 13C Deeds and Easement, Various Locations RESOLUTION NO. 07-85 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA ADOPTING A RESOLUTION FORMALLY ACCEPTING DEEDS AND EASEMENTS FOR PROPERTY RIGHTS CONVEYED TO THE CITY OF PEORIA. Adopted RES. 07-85 accepting deeds and easements for various real property interests acquired by the City and previously recorded by the Maricopa County Recorder’s Office. 14C Designate Roadways, Establish Rights-of-Way, Various Locations RESOLUTION NO. 07-86 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA ADOPTING A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF PUBLIC STREETS, TO BE OPENED AND MAINTAINED BY THE CITY. Adopted RES. 07-86 designating various real properties to be used as City roadways and authorizing the establishment of public rights-of-way to be opened and maintained by the City as a public street. 15C Easement, Salt River Project, Municipal Operations Center, 8850 N. 79th Avenue RESOLUTION NO. 07-87 RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA, AUTHORIZING THE GRANTING OF AN EASEMENT TO THE SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT TO INSTALL UNDERGROUND ELECTRIC TRANSMISSION LINES RELATED TO THE MUNICIPAL OPERATIONS CENTER. Adopted RES. 07-87 authorizing the City Manager to execute a Power Distribution Easement to Salt River Project (SRP) for the installation of power transmission lines related to the construction and operation of the Municipal Operations Center, located at 8850 N. 79th Avenue. 16C Final Plat, Vistancia Village A, Parcel F1, Central Arizona Project Canal and Westland Road Approved the final plat for Vistancia Village A, Parcel F1, located between the Central Arizona Project Canal and Westland Road and westerly from Vistancia Boulevard, subject to stipulations. (R050144) 17C Condominium Plat, West Green Townhomes, 91st Avenue and Sunnyslope Lane Approved the condominium plat for West Green Townhomes, located at the northeast corner of 91st Avenue and Sunnyslope Lane, subject to stipulations. (R050031) 18C Re-Plat Blackstone at Vistancia, Tract B, Parcel B10, Blackstone Drive and Moura Drive Approved the re-plat of Tract B of Blackstone at Vistancia, Parcel B10, located on the west side of Blackstone Drive and north of Moura Drive, subject to stipulations. (R050020B) 19C Re-Plat, Desert Sky at Trilogy at Vistancia, Parcel C21, 129th Drive and White Feather Lane Approved the re-plat of Lots 20, 21, 22, and 23 of Desert Sky at Trilogy at Vistancia, Parcel C21, located at the southeast corner of 129th Drive and White Feather Lane, subject to stipulations. (R030020A) 20C Re-Plat, Vistancia Village A, Parcel F5, Lot 42 and Tract C, Westland Road and Vistancia Boulevard Approved the re-plat of Lot 42 and Tract C of Vistancia Village A, Parcel F5, located on the south side of Westland Road and west of Vistancia Boulevard, subject to stipulations. (R050143A) REGULAR AGENDA NEW BUSINESS 21R Confirm Appointment of Chief of Police Terry Ellis, City Manager, asked that Mayor and Council confirm the appointment of Larry Ratcliff as Chief of Police, effective Wednesday, June 6, 2007. Mr. Ellis reviewed Acting Chief Ratcliff’s years of law enforcement service and his tenure in Peoria. Acting Chief Ratcliff supports and will implement Community Policing and has demonstrated great leadership. Mr. Ellis explained that the normal process would have included a national recruitment. Mr. Ellis advised that he was sure that Acting Chief Ratcliff would have been chosen the best candidate. Discussion ensued regarding Council’s confidence in appointing Chief Ratcliff. Motion was made by Vice Mayor Hunt, seconded by Councilmember Carlat, to confirm the appointment of Larry Ratcliff as Chief of Police, effective Wednesday, June 6, 2007. Upon vote, the motion carried unanimously. 22R PUBLIC HEARING – Liquor License, Koi Sushi Bar Grill, 16055 N. Arrowhead Fountain Center Drive PUBLIC HEARING: Mayor Barrett opened the Public Hearing and asked if any Councilmember or citizen wished to comment on requests for a new Restaurant Liquor License (Series 12) for Koi Sushi Bar Grill, located at 16055 N. Arrowhead Fountain Center Drive. Applicant: Chimee Lena Ko. LL#10008844. Staff Report/Public Comment: Mary Jo Kief, City Clerk, reported that the property was posted in accordance with Arizona law, all reviewing Departments recommended approval, all fees were paid and no comments were received in the City Clerk’s Office. There being no comments from those present and none received in the City Clerk’s Office, Mayor Barrett declared the Public Hearing closed. Council Action: Motion was made by Councilmember Carlat, seconded by Councilmember Pearson, to recommend approval to the State Liquor Board of a new Restaurant Liquor License (Series 12) for Koi Sushi Bar Grill, located at 16055 N. Arrowhead Fountain Center Drive. Applicant: Chimee Lena Ko. LL#10008844. Upon vote, the motion carried unanimously. 23R PUBLIC HEARING – Fiscal Year 2008 Budget PUBLIC HEARING: Mayor Barrett opened the Public Hearing and asked if any Councilmember or citizen wished to comment on the Fiscal Year 2008 Budget. Staff Report/Public Comment: Jeff Tyne, Budget Director, outlined the Budget adoption process and schedule which included publishing the Tentative Budget in a newspaper of general circulation. Mr. Tyne reported that the Tentative Budget set the maximum appropriation for Fiscal Year (FY) 2008. The FY 2008 appropriation totals $690 million and includes an Operating Budget estimated to be $229.3 million (33 percent of the total budget). The Budget also includes: debt service of $54.6 million (8 percent of the total budget), $49.4 million (7 percent of the total budget) for contingency accounts, and $356.6 million (52 percent of the total budget) for Capital Improvements. Mr. Tyne noted that the majority of the Operating Expenditures are for the Public Works and Utility Departments. The recommended Budget also includes 93 new full-time employees (FTEs) with approximately one-half of the new positions designated for public safety. The City’s overall property tax levy is expected to remain at $1.49, which includes moving $.05 from the Primary Tax Rate to the Secondary Tax Rate. The City will also enact a $.25 increase to cover the cost of the federally mandated Stormwater Management Program. This is the final installment of the Stormwater Management Program. Mr. Tyne advised that the City is beginning a review of utility rates. Mr. Tyne reported that the adoption of the tax levy is scheduled for the June 19, 2007 meeting. Mayor Barrett asked if any Councilmember or member of the public wished to comment on the agenda item. Bill Louis, Vice President of the Terra Vista Homeowners Association, spoke in support of the Budget. Mr. Louis stated that residents wanted to maintain or improve current levels of City services; attract business; and give City Staff the resources to meet these objectives. Mr. Louis emphasized the importance of public safety and addressed the need to improve response times and to provide increased administrative support to public safety departments. Mr. Louis also commented on the importance of the Neighborhood Grant Program and the need for more parks and improved roadways to meet the demand of a vibrant community. There being no further comments, Mayor Barrett declared the Public Hearing closed. Council Action: RESOLUTION NO. 07-88 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA, ADOPTING THE FISCAL YEAR 2008 BUDGET. Councilmember Aames stated that the majority of the Council supports this Budget. He explained that he and Councilmember Leone had suggested reducing some of the proposed new full-time positions in an effort to reduce the overall Budget. Councilmember Aames stated that the Budget represents hundreds of items that help to meet the needs of the City. He explained that he had voted against the Tentative Budget, but as this Budget covers the needs of the City, he would vote with his colleagues in favor of the Final Budget. Councilmember Aames added that throughout 2008, he would work with Staff to oversee the Budget and may redirect spending if Council concurs. Motion was made by Councilmember Carlat, seconded by Vice Mayor Hunt, to adopt RES. 07-88 adopting the Fiscal Year 2008 budget. Upon vote, the motion carried unanimously. 24R Public Hearing – Property Tax Levy, Fiscal Year 2008 PUBLIC HEARING: Mayor Barrett opened the Public Hearing and asked if any Councilmember or citizen wished to comment on the Fiscal Year 2008 Budget for the setting the City of Peoria property tax levy for Fiscal Year 2008. Staff Report/Public Comment: Jeff Tyne, Budget Director, advised that State Statute requires that a hearing take place at least 14 days prior to the adoption of the tax levy ordinance. Final adoption of the property tax levy is scheduled for June 19, 2007. The recommended property tax levy for FY 2008 is $1.49 per $100 of assessed valuation. The primary property tax rate is recommended to be set to $.24 per $100 of assessed valuation, with the secondary tax rate at $1.25 per $100 of assessed valuation. There being no comments from those present, Mayor Barrett declared the Public Hearing closed. Council Action: No Council action necessary. 25R Contract, SunTrust Leasing Corporation, Recycling Containers and Light Duty Vehicles RESOLUTION NO. 07-89 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER LEASE AGREEMENT, EQUIPMENT SCHEDULE NO. 01 AND RELATED INSTRUMENTS WITH SUNTRUST LEASING CORPORATION TO OBTAIN RECYCLING CONTAINERS AND TWO VEHICLES TO FACILITATE THE STARTUP OF THE CITY’S RESIDENTIAL RECYCLING PROGRAM, AND DETERMINING OTHER MATTERS IN CONNECTION THEREWITH. Brent Mattingly, Chief Financial Officer, presented the proposed lease purchase agreement with SunTrust Leasing Corporation for Residential Curbside Recycling Program containers and two vehicles. Mr. Mattingly advised that approximately half of the costs would be funded by user impact fees (Solid Waste Impact Fee Fund) and a State Grant. The remaining costs will be funded through a lease/purchase agreement. In response to questions from Council, Mr. Mattingly reported that the debt services on the lease/purchase agreement would be paid from the Residential Recycling User Fund. Bill Mattingly, Public Works Director, explained that the City has approximately 46,000 customers so that less than the original estimate for 50,000 containers were needed. Motion was made by Councilmember Carlat, seconded by Vice Mayor Hunt, to adopt RES. 07-89 approving a master lease purchase agreement in the amount of $1,235,000 with SunTrust Leasing Corporation, utilizing existing Mohave Educational Services Cooperative Contract No. 03D-STLC-0126, for the purchase of residential curbside recycling containers and two light-duty vehicles for use by recycling program staff. (LCON04407) Upon vote, the motion carried unanimously. 26R Contract, HDR Architecture, Inc., North Municipal Support Service Facility Study Bill Mattingly, Public Works Director, explained that the purpose of the proposed Master Planning and Siting Study for a North Municipal Support Service Facility was to: identify operational needs, program components, building size and the site land requirements. In addition, the plan would provide conceptual site planning options, identify a preferred site and estimate associated costs. Mr. Mattingly reported that part of the HDR Architecture, Inc. (HDR) contract will be to conduct two workshops to establish the overall goals and vision for a North Municipal Center. HDR will work with the Steering Committee which includes department heads and the Deputy City Managers. HDR will report the findings of the goal setting and visioning sessions. HDR will also conduct research and gather data which will include information related to demographics, service and operational projections, a review of current services, staff allocations, and space standards and requirements. In addition, a needs assessment will be conducted to determine which services and programs should be located at the North Municipal Center and the impact of decentralizing City services. Phase Two will include preparing an alternative site plan to clarify attributes required of the ultimate site in terms of size, location and configuration. Phase Three will be a Siting Study to develop the technical requirements of the potential sites, identify potential sites through site reconnaissance, and include selection of three potential sites and the evaluation of each site. HDR will present a report outlining the established technical requirements and site selection process. In response to questions from Council, Mr. Mattingly clarified that the site selection approval would come before Council, and he explained that the City would work closely with Utility companies in siting the new facility. Mr. Mattingly added that the North Municipal Center may encompass more than a Public Works Department and may include a City Annex, park, library and Police Station. Motion was made by Councilmember Carlat, seconded by Councilmember Evans, to award a contract to HDR Architecture, Inc. in an amount not to exceed $300,000 to conduct consultant services, master planning and a siting study for a municipal facility in the northern region of the City. (LCON04507) Upon vote, the motion carried unanimously. 27R Contract, Longhorn Ranch Irrigation Water Delivery District, Use of City Rights-of-Way, Between 69th and 71st Avenues and Thunderbird and Acoma Roads RESOLUTION NO. 07-90 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA ENDORSING THE FORMATION OF THE LONGHORN RANCH SUBDIVISION IRRIGATION WATER DELIVERY DISTRICT WITHIN THE INCORPORATED CITY OF PEORIA. Steve Kemp, City Attorney, explained that the resolution before Council was for the creation of the Longhorn Ranch Irrigation Water Delivery District (IWDD) and an agreement between the sponsors of the Longhorn Ranch IWDD and the City of Peoria confirming the City’s prior rights within the public rights-of-way of the subdivision. Mr. Kemp reported that this would convert the private ownership to a political subdivision ownership. In response to questions from Council, Mr. Kemp clarified that residents of the IWDD would have a separate assessment on their tax bill. The tax rate would be set by the District and collected by the Maricopa County Assessor. Councilmember Evans commented that the formation of the Irrigation Water Delivery District has been a long-time plan of the residents to retain their quality of life and retain an irrigation system. In response to questions from Council regarding any liability to the City, Mr. Kemp advised that there is no liability to the City as the State’s Constitution defines the District as a separate political subdivision with their own governing board. Mr. Kemp clarified that the resolution includes a written clarification regarding the rights-of-way of the subdivision. Motion was made by Councilmember Evans, seconded by Councilmember Aames, to: a) Adopt RES. 07-90 authorizing the creation of the Longhorn Ranch Irrigation and Water Delivery District; and b) Authorize the City Manager to execute an agreement with the Longhorn Ranch Irrigation Water Delivery District addressing the City of Peoria rights within the public rights-of-way of the subdivision located between 69th and 71st Avenues and Thunderbird and Acoma Roads. (LCON04607) Upon vote, the motion carried unanimously. 28R Franchise Agreement, Peoria Water User Association Steve Kemp, City Attorney, advised that the Peoria Water User Association in Old Town Peoria is a private corporation that provides irrigation water utility services to a specific area in the downtown area. The Arizona Constitution requires that the franchise agreement be submitted to the voters for approval. The City has worked with the Association to develop the financing agreement. In response to questions from Council, Mr. Kemp explained that there is a five percent franchise fee associated with the grant of the franchise which is the same amount that has been negotiated with other private water companies. Motion was made by Vice Mayor Hunt, seconded by Councilmember Aames, to: a) Approve the proposed franchise agreement with the Peoria Water User Association subject to approval by the qualified electors of the City; b) Approve that the proposed franchise agreement with the Peoria Water User Association be placed on the next City ballot; and c) Direct that the proposed franchise agreement with the Peoria Water User Association be submitted to the qualified electors of the City at the next election; and direct the City Clerk and City Attorney to undertake such actions to permit the franchise agreement to be on the next City ballot. 29R Notice of Intent, BCC Development, Infiniti Dealership, 92nd Avenue and Bell Road Steve Prokopek, Director of Economic Development, explained that State Statute requires that the City Council adopt a Notice of Intent 14 days prior to the City Council taking action on any development agreement between the City and a private developer. Mr. Prokopek stated that the amendment will extend the opening date up to 100 days from July 1, 2007 which was the date the agreement was set to expire. Motion was made by Vice Mayor Hunt, seconded by Councilmember Aames, to adopt a Notice of Intent regarding entering into a fourth amendment to the development agreement with BCC Development to build an Infiniti Dealership at 92nd Avenue and Bell Road. Upon vote, the motion carried unanimously. 30R Notice of Intent, Arizona Motors, LLC, Auto Dealership, 84th Avenue and Bell Road Steve Prokopek, Director of Economic Development, explained that State Statute requires that the City Council adopt a Notice of Intent 14 days prior to the City Council taking action on any development agreement between the City and a private developer. Mr. Prokopek stated that the agreement will include retail sales tax reimbursements with Arizona Motors, LLC for the development of an automotive dealership. Motion was made by Vice Mayor Hunt, seconded by Councilmember Aames, to adopt a Notice of Intent regarding entering into a development agreement that includes retail sales tax reimbursements with Arizona Motors, LLC to develop an auto dealership located north of the northwest corner of 84th Avenue and Bell Road. Upon vote, the motion carried unanimously. 31R Budget Adjustment, Fleet Services, Increased Parts and Fuel Costs Jeff Tyne, Budget Director, advised that agenda items 31R, 32R, and 33R are budget adjustments and/or budget transfers identified during the Fiscal Year (FY) 2008 budget process. These adjustments and transfers will not impact the current Budget. Bill Mattingly, Public Works Director, presented the projected expenditures related to motor vehicle repair and maintenance, tires, parts, and increased fuel expenses. He reported on increased fuel costs and usage for the past four years and expected usage for FY 2008. Mr. Mattingly advised that the Fleet Division will work with the Climate Change Action Plan recently submitted to the Governor by the Arizona Department of Environmental Quality to reduce green house gas emissions. He outlined Peoria’s mitigation plan which included selecting vehicles that the Environmental Protection Agency (EPA) has identified as Fuel Economy Leaders, considering vehicles which use E85 and E10 Ethanol blends, considering vehicles that use Biodiesel and considering hybrid vehicles. Discussion ensued regarding looking at fuel efficiencies. Mr. Mattingly advised that replacement decisions are based on the type of vehicle and the use of the vehicle. In some instances, it is more cost effective to outsource vehicle maintenance. Motion was made by Councilmember Carlat, seconded by Vice Mayor Hunt, to approve a budget adjustment to pay for the increased costs of oil, parts, tires and fuel in the total amount of $411,801 from the General Fund Contingency Account to the Fleet Services Unleaded Fuel Account in the amount of $73,722; the Diesel Fuel Account in the amount of $109,569; the Motor Vehicle Repair Account in the amount of $90,431; the Motor Vehicle Tire Account in the amount of $40,035; and the Motor Vehicle Parts Account in the amount of $83,596. Upon vote, the motion carried unanimously. 32R Budget Transfer, Public Works, Increased Costs for Fuel, Maintenance, and Landfill Services Jeff Tyne, Budget Director, advised that agenda items 31R, 32R, and 33R are budget adjustments and/or budget transfers identified during the Fiscal Year 2008 budget process. These adjustments and transfers will not impact the current Budget. Bill Mattingly, Public Works Director, advised of the increased demand for commercial solid waste services. This increased business resulted in additional revenues and corresponding operational costs. Mr. Mattingly presented an overview of the projected expenditures in landfill costs and fleet service costs. Motion was made by Councilmember Evans, seconded by Vice Mayor Hunt, to approve a budget transfer in the total amount of $166,391 from the Commercial Solid Waste Contingency Account to the Commercial Solid Waste Fuel Account in the amount of $69,444 and to the Commercial Solid Waste Landfill Account in the amount of $96,947 for increased costs of vehicle fuel, maintenance and landfill services. Upon vote, the motion carried unanimously. 33R Budget Transfer, Utility Operations, Various Water and Wastewater Facility Accounts Jeff Tyne, Budget Director, advised that agenda items 31R, 32R, and 33R are budget adjustments and/or budget transfers identified during the Fiscal Year 2008 budget process. These adjustments and transfers will not impact the current Budget. Stephen Bontrager, Utilities Director, presented a report on the increased electrical and chemical costs at the City’s Water Treatment Plants and Water Reclamation Facilities. Electrical costs at the Jomax and Beardsley Water Reclamation Facilities have risen due to an increase in Arizona Public Service (APS) rates and an increase in wastewater flows at the facilities. Chemical costs have risen due to price increases by manufacturers and suppliers and an increase in chemical usage at the facilities. Motion was made by Councilmember Carlat, seconded by Councilmember Evans, to approve a budget transfer from the General Fund Contingency Account in the total amount of $315,000 to the Greenway Water Treatment Plant (WTP) Operating Account (Chemical Supplies) in the amount of $100,000; the Beardsley Water Reclamation Facility (WRF) Operating Account (Electricity) in the amount of $120,000; the Beardsley Water Reclamation Facility (WRF) Operating Account (Chemical Supplies) in the amount of $60,000; the Jomax Water Reclamation Facility (WRF) Operating Account (Electricity) in the amount of $20,000; and the Jomax Water Reclamation Facility (WRF) Operating Account (Chemical Supplies) in the amount of $15,000. Upon vote, the motion carried unanimously. 34R PUBLIC HEARING - Grant Acceptance, U.S. Department of Justice, Edward Byrne Memorial Justice Assistance Grant (JAG), Law Enforcement Equipment and Supplies PUBLIC HEARING: Mayor Barrett opened the Public Hearing and asked if any Councilmember or citizen wished to comment on the acceptance of a direct award in the amount of $33,392 from the U.S. Department of Justice, of an Edward Byrne Memorial Justice Assistance Grant (JAG) for additional law enforcement equipment and supplies. Staff Report/Public Comment: Jay Davies, Community Services Supervisor, presented an overview of the Edward Byrne Memorial Justice Assistance Grant (JAG) from the U.S. Department of Justice which allows local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system. He explained that the grant requires that operations financed with these funds be supplemental to normally funded police programs and the grant also requires that the application be made public and that community representatives have an opportunity to comment. Mr. Davies stated that the award will assist in funding additional supplemental police programs and purchasing equipment and supplies to further supplement strategic law enforcement operations. He outlined the following uses of the $33,392 Grant: * Printers * Ballistic Shields * Citizen’s Patrol Program * Weapons Tracking Software * Remington “Eye Ball R1” * Defensive Tactics Mats * Geographic Profiling Software Council commented on the value of qualifying for this Grant. There being no comments from those present, Mayor Barrett declared the Public Hearing closed. Council Action: RESOLUTION NO. 07-84 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 $33,392 FROM THE U.S. DEPARTMENT OF JUSTICE'S EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) TO ASSIST IN FUNDING SUPPLEMENTAL LAW ENFORCEMENT OPERATIONS. Motion was made by Vice Mayor Hunt, seconded by Councilmember Aames, to: a) Adopt RES. 07-84 authorizing the acceptance of a direct award in the amount of $33,392 from the U.S. Department of Justice, Edward Byrne Memorial Justice Assistance Grant (JAG) for additional law enforcement equipment and supplies; and b) Approve a budget amendment in the amount of $33,392 from the Proposed Grants Contingency Account to the following various JAG Grant Accounts: Computer Hardware Account - $3,100; Operational Supplies/Equipment Account - $7,217; Computer Software Account - $1,085; Electronic Supplies/Equipment Account - $1,800; Electronic Equipment Capital Account - $5,850; Other Equipment Capital Account - $7,000; and Computer Software Capital Account - $7,340. Upon vote, the motion carried unanimously. 35R Pro Tem Mayor Steve Kemp, City Attorney, advised that City Code provides for the appointment of a Pro Tem Mayor to serve in the absence of both the Mayor and Vice Mayor. In response to questions from Council regarding the length of appointment, Mr. Kemp advised that the length of appointment was at the Council’s discretion. Motion was made by Councilmember Carlat to appoint Councilmember Evans as Pro Tem Mayor and to set the term to run concurrent with the term for Vice Mayor. In response to questions from Council, Mr. Kemp advised that in the absence of all three officials, the City Clerk can convene a meeting of the remaining four Councilmembers to make an appointment. Councilmember Aames explained that both the Mayor and Vice Mayor would be attending Emergency Management Training as the City of Peoria had been selected for special training by the federal government. Mayor Barrett confirmed that the term of office would end December 2007. The motion was seconded by Vice Mayor Hunt to appoint Councilmember Evans as Pro Tem Mayor to serve during the absence of both the Mayor and Vice Mayor and to set the term of the Pro Tem Mayor to run concurrently with the current term of Vice Mayor. Upon vote, the motion carried unanimously. CALL TO PUBLIC: (NON-AGENDA ITEMS) None. Reports from the City Manager: Terry Ellis, City Manager, reported that the City had completed negotiations with the Peoria Police Officers’ Association and would be bringing a Memorandum of Understanding to Council for approval. Bicycle Plan Report Jamal Rahimi, City Traffic Engineer, introduced Brandon Forrey, Transportation Planning Engineer, to present the proposed Bicycle Development Plan Report. Mr. Forrey advised that the City wants to ensure citizens have the option to use bicycles for both recreation and as a viable mode of transportation. The 1993 Bike Route Plan established a limited bicycle land network, primarily along collector streets. The new Bicycle Development Plan will expand bicycle transportation options to arterial streets as well as to create a new policy to help shape future development. Mr. Forrey advised that Staff worked with Sprinkle Consulting, Inc., Coffman Studios and HDR Inc. to develop the Bicycle Development Plan. Mr. Forrey introduced Christopher B. Fellerhoff, Staff Planner and Landscape Designer from Sprinkle Consulting, Inc. who provided an overview of the new plan that will contribute to a multi-modal transportation system. Mr. Fellerhoff advised that the goal is to develop a safe, convenient on-street bicycle transportation system that interconnects with adjoining jurisdictions on-street bicycle facilities, local and regional destinations, transit facilities, and the off-street trail and path system within and adjacent to Peoria. Mr. Fellerhoff discussed the plan objectives and described existing conditions. He reported that a target level of bicycle accommodation equal to or better than a score of “C” was chosen for the City. Currently, the City scores a “D” on average for the arterial streets. Mr. Fellerhoff reported that residents were invited to review the plan and express any concerns they may have at a Community Open House Workshop held on November 2, 2006. Mr. Fellerhoff advised that the plan includes: * Re-striping of roadways for bike lanes or shoulders (19 miles) * Posting “Share the Road” signage (3 miles) * Adding or expanding paved shoulders (10 miles) * Performing detailed corridor studies to investigate the possibility of side path construction (28 miles) * Performing a detailed corridor study to investigate alternative solutions, especially for constrained roadway segments (13 miles) Mr. Fellerhoff described the use of a new-traditional Benefit-Cost Index which weighs benefits, potential demand and citizen-identified needs for improvement against estimated costs for each improvement. The Index was used to group improvement recommendations into short, medium and long-range projects. Mr. Fellerhoff summarized the following policy recommendations: * Adopt roadway performance standards that provide safe, reasonable, and convenient bicycling within every collector and arterial roadway corridor. * Incorporate bicycle lanes or shoulders—that meet or exceed the Bicycle Level of Service “C” performance standard—where feasible, on all new arterial and collector roadways. * Incorporate bicycle lanes or shoulders—that meet or exceed the Bicycle Level of Service “C” performance standard—where feasible, on all existing arterial and collector roadways, in conjunction with the repaving program or other roadway improvement projects. * Require submittal of a Multi-Modal Plan for all new developments. * Coordinate bicycle facility wayfinding signage standards and policies with other local jurisdictions within standards per the Manual on Uniform Traffic Control Devices. * Include requirements for bicycle parking in the Zoning Ordinance. * Explore development incentives to encourage developers to include showering and changing facilities in commercial buildings. * Require preliminary plans for new residential developments to show bicycle and pedestrian access routes to the nearest existing or planned school sites, parks, and open spaces which will serve the future residents of the proposed development. Discussion ensued regarding the need for more public input regarding the plan and the lack of real baseline data. Mr. Forrey advised that the State is developing a Safety Plan but that data has not been developed yet. Discussion continued about possible sources of additional data information on bike accidents or the number of bikes in the City. Mr. Fellerhoff explained that the plan considered proximity to school locations and community nodes. He added that the U.S. Census does contain some data that may be helpful. Councilmember Carlat suggested the formation of a Citizen Advisory Group to provide more input. Reports from City Council: Councilmember Carlat advised residents that infrastructure projects in the area of Deer Valley and 85th Avenue and Deer Valley and 91st Avenue would begin in June and were expected to be completed before school begins in August. Councilmember Aames reported that an “End of School Party” was held recently at the Rio Vista Park for residents of the Palo Verde District. Councilmember Aames also commented on attending the Employee Recognition Luncheon for tenured employees. Councilmember Evans explained the Budget process and the role of Council to set priorities which Staff uses to develop the Budget. She asked the public to contact their Councilmember with their concerns and priorities for next year’s budget. Vice Mayor Hunt described two Peoria graduation ceremonies she attended and wished all the graduates best wishes for their future. Vice Mayor Hunt acknowledged the out-going seniors on the Youth Advisory Board and thanked them for their service. Vice Mayor Hunt also commented on the success of the recent water safety event held at a local school. Reports from the Mayor: Mayor Barrett announced that City Staff may wear appropriate summer business attire to work. ADJOURNMENT: Being no further business to come before the Council, the meeting was duly adjourned at 8:50 p.m. ______________________________________ Bob Barrett, 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 June, 2007. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 10th day of July, 2007. (Seal) ______________________________________ Mary Jo Kief, City Clerk