MINUTES OF THE PEORIA CITY COUNCIL CITY OF PEORIA, ARIZONA PINE ROOM July 10, 2007 A Special Meeting and Study Session of the City Council of the City of Peoria, Arizona was convened at 8401 West Monroe Street in open and public session at 4:00 p.m. Members Present: Mayor Bob Barrett; Vice Mayor Vicki Hunt; Councilmembers Ron Aames, Cathy Carlat, Joan Evans, Carlo Leone and Dave Pearson. Members Absent: None Other Municipal Officials Present: Terrence Ellis, City Manager; Carl Swenson, Deputy City Manager; John Wenderski, Deputy City Manager; Steve Kemp, City Attorney; Mary Jo Kief, City Clerk; Stephen Bontrager, Greg Eckman, Brent Mattingly, Grady Miller, Dave Moody, Steve Prokopek, Larry Ratcliff, Glen Van Nimwegen, Kathy Ordway and James Mason. Audience: Approximately 8-10 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 will 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 Leone requested that item 12C be voted on separately. Councilmember Pearson requested that item 21C be heard separately so that Staff could make a presentation. Motion was made by Councilmember Carlat, seconded by Vice Mayor Hunt to approve the Consent Agenda as submitted with the exception of Items 12C and 21C. Upon vote, the motion carried unanimously. CONSENT – New Business: 1C MINUTES: Approved Regular Meeting – June 19, 2007 2C Code Amendment Chapter 14, Drop-off Lane Requirement for Day Care Centers ORDINANCE NO. 07-20 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA, AMENDING CHAPTER 14 OF THE PEORIA CITY CODE (1977 EDITION), BY AMENDING ARTICLE 14-23 PARKING AND LOADING REQUIREMENTS, PROVIDING FOR SEPARABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Concurred with the Planning and Zoning Commission’s recommendation and adopted ORD. 07-20 amending Chapter 14 of the Peoria City Code (1977 Edition) to amend Article 14-23 to delete the requirement for a drop-off lane for day care centers. (TA 07-05) 3C Code Amendment, Chapter 15, Civil Penalties ORDINANCE NO. 07-21 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA AMENDING CHAPTER 15 OF THE PEORIA CITY CODE (1992) PERTAINING TO THE MUNICIPAL COURT BY RENUMBERING EXISTING SECTION 15-15 PERTAINING TO CIVIL HEARINGS; CONSOLIDATED CASES; BURDEN OF PROOF TO SECTION 15- 20 AND BY RENUMBERING EXISTING SECTION 15-16 PERTAINING TO HEARING OFFICER DECISIONS; REVIEW TO SECTION 15-21 AND BY RENUMBERING EXISTING SECTION 15-10 PERTAINING TO MUNICIPAL COURT; CIVIL HEARING DIVISION; HEARING OFFICER, APPOINTMENT, DESIGNATION TO SECTION 15-22 AND BY RENUMBERING EXISTING SECTION 15-11 PERTAINING TO CIVIL HEARINGS; POWERS AND DUTIES OF HEARING OFFICERS TO SECTION 15- 23 AND AMENDING SAID SECTION AND BY ENACTING SECTION 15-12 PERTAINING TO CIVIL HEARINGS, CITATION; SUFFICIENCY; AMENDMENT AND BY RENUMBERING EXISTING SECTION 15-12 PERTAINING TO CIVIL HEARINGS; CITATION; SERVICE TO SECTION 15-13 AND BY ENACTING SEC. 15-14. PERTAINING TO CIVIL HEARINGS; PROCESS; CONTINUANCES AND BY RENUMBERING EXISTING SECTION 15-13 TO SECTION 15-15 AND AMENDING THE RENUMBERED SECTION 15-15 PERTAINING TO CIVIL HEARINGS; DUTY TO RESPOND AND BY RENUMBERING EXISTING SECTION 15-14 TO SECTION 15-16 AND AMENDING THE RENUMBERED SECTION 15-16 PERTAINING TO CIVIL HEARINGS; RULES OF PROCEDURE AND ENACTING SECTION 15-17 PERTAINING TO CIVIL HEARINGS, ORDER OF PROCEEDINGS AND ENACTING SECTION 15-18 PERTAINING TO CIVIL HEARINGS; JUDGMENTS AND ENACTING SECTION 15-19 PERTAINING TO CIVIL HEARINGS; DEFAULT JUDGMENTS AND PROVIDING THAT SECTIONS 15- 10 AND 15-11 SHALL BE RESERVED AND PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Adopted ORD. 07-21 amending Chapter 15 of the Peoria City Code (1992 Edition) pertaining to the imposition of civil penalties by the Municipal Court. 4C Grant, Arizona Automobile Theft Authority, Public Awareness RESOLUTION NO. 07-97 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 $7,373 FROM THE ARIZONA AUTOMOBILE THEFT AUTHORITY (AATA), PUBLIC AWARENESS GRANT PROGRAM TO ASSIST IN FUNDING SUPPLEMENTAL LAW ENFORCEMENT OPERATIONS. a) Adopted RES. 07-97 authorizing the City of Peoria Police Department to accept a Public Awareness Grant in the amount of $7,373 from the Arizona Automobile Theft Authority (AATA) to promote public awareness to deter vehicle theft; and b) Approved a budget amendment in the amount of $7,373 from the General Fund Contingency Account to the General Fund Police Overtime $3,375, Operation Supplies $3,499, Electronic Supplies/Equipment $499 Accounts to provide expenditure authority for the grant funds. 5C Grant, Wal-Mart Store, Inc., Teen Materials a) Accepted a Teen Materials grant in the amount of $1,000 from Wal-Mart Store, Inc. (LCON05807); and b) Approved a budget transfer in the amount of $1,000 from the Proposed Grant Contingency Account to the Main Library Donations / Books / Periodicals / Subscriptions Account. 6C Contract, Filanc Construction, Greenway Water Treatment Plant, Alum Tank Approved a contract in the amount not to exceed $101,968 with Filanc Construction for furnishing and installing a new alum tank at the Greenway Water Treatment Plant. (LCON05907) 7C Contract, AMEC Infrastructure, Traffic Signal Program, Various Locations Approved a contract with AMEC Infrastructure, in the amount not to exceed $298,636 for the Traffic Signal Program for providing warrant study, progression study, design, and post design services. (LCON06007) 8C Contract, Premier Engineering, Interim Intersection Widening Improvements, 83rd Avenue and Deer Valley Road Approved a contract in the amount not to exceed $130,325 with Premier Engineering for design services for the interim intersection widening improvements at 83rd Avenue and Deer Valley Road. (LCON06107) 9C Contract, FNF Construction Inc., Thunderbird Road Widening, Loop 101 to 94th Avenue Awarded a Pre-Construction Services contract in the amount not to exceed $134,280 to FNF Construction for Construction Manager at Risk (CM@R) services for Phase 1 of the Thunderbird Road project from 95th Avenue to the Loop 101. (LCON06207) 10C Contract, Grass Valley, Studio Camera Package and Production Switcher Equipment Awarded a contract in the amount of $485,840.53 to Grass Valley for a studio camera package and production switcher equipment. (LCON06307) 11C Contract Amendment, City Attorney Approved Contract Amendment No. 10 to the terms and conditions of the employment agreement with the City Attorney. (LCON00296J) 12C Contract Amendment, City Manager Approved Contract Amendment No. 11 to the terms and conditions of the employment agreement with the City Manager. (LCON11797K) Clerk’s Note: This item was heard at the end of the Consent Agenda. Councilmember Leone requested that this item be heard at the end of the Consent Agenda so that he could vote separately on this item. Motion was made by Councilmember Carlat and seconded by Vice Mayor Hunt to approve Contract Amendment No. 11 for the City Manager. Upon vote, the motion carried by a vote of six to one with Councilmember Leone voting “no.” 13C Contract Amendment, Municipal Judge Approved Contract Amendment No. 9 to the contract for Municipal Court Judge services. (LCON05696I) 14C Contract Amendment, Carollo Engineers, Consulting Services, Water System Master Plan Update a) Approved Contract Amendment No. 3 in the amount not-to-exceed $56,000 with Carollo Engineers for additional consulting services required to update and enhance the hydraulic model portion of the 2006 Water System Master Plan; b) Approved the use of Water Reserve Funds; and c) Authorized a budget transfer from the Water Utility Fund Contingency Account to the Water System Master Plan Update, Water Expansion Fund Account. (LCON10405C) 15C Contract Amendment, Premier Engineering, Road Widening and Drainage Improvements, Deer Valley Road Between 83rd Avenue and 91st Avenue Approved Contract Amendment No. 1 with Premier Engineering in an amount not to exceed $213,300 for design services of the roadway widening and drainage improvements along Deer Valley Road between 83rd Avenue and 91st Avenue. (LCON01406A) 16C Contract Amendment, J2 Engineering and Environmental Design, Treatment and Erosion Control Plan, Palo Verde Park and Open Space Site, 73rd Avenue and Terramar Boulevard Approved Contract Amendment No. 4 in the amount of $23,932 to J2 Engineering and Environmental Design for a treatment and erosion control plan for the Palo Verde open space site located in the Terramar Subdivision. (LCON03004D) 17C Contract Amendment No. 4, Wood, Patel and Associates, Post-Design Services, Rose Garden Lane Drainage Improvements, 107th Avenue Drainage Improvements and modifications to the Dove Valley Ranch Basin Approved Contract Amendment No. 4 in the not-to-exceed amount of $231,433 with Wood, Patel and Associates for post-design services associated with the construction of the Rose Garden Lane Drainage Improvements, 107th Avenue Drainage Improvements, and modifications to the Dove Valley Ranch Basin at the northeast corner of 95th Avenue and Lake Pleasant Parkway. (LCON06804D) 18C Authorize Expenditure, Mohave Educational Services, Fencing, Palo Verde Park and Open Space Site, Terramar Subdivision Authorized an additional expenditure to Mohave Educational Services the amount of $8,173 under Job Order Contract 04E-CENT-0901 through Centennial Contractors for 372 linear feet of fencing needed to protect the future Palo Verde Park and Open Space Site. 19C Authorize Expenditure, CS Construction, Inc., Traffic Signals, Various Locations a) Approved the expenditure of funds in an amount not to exceed $99,000 to CS Construction, Inc., utilizing Job Order Contract No. 4 between the Town of Gilbert and CS Construction, for the installation of illuminated street name signs; and b) Approved a budget transfer within the project in the amount of $7,000 from the Highway Users Street System Account to the Highway User Signs and Signs Account. 20C Authorize Expenditure, Deer Valley Road Intersection Improvement Project, 91st Avenue and Deer Valley Road Authorized additional expenditure authority in the amount of $50,000 for possible construction overages associated with the construction of the 91st Avenue and Deer Valley Road Intersection Improvement Project. 21C Authorize Expenditure, Central Arizona Shelter Discussion and possible action to approve the increase of funds from $20,000 to $28,000 for Fiscal Year 2008 to offset overflow cost to the operating budget for the Central Arizona Shelter. Item was carried over. Clerk’s Note: This item was heard at the end of the Consent Agenda. James Mason, Assistant to the City Manager, briefed Council on the request to increase funding by an additional $8,000 to support Central Arizona Shelter Services (CASS). This increase would bring the City of Peoria’s support amount to a total of $28,000 for the fiscal year. This request is brought to Council based on a request from the City Manager of Phoenix during a recent Maricopa Association of Governments (MAG) meeting when additional funds from participating cities was requested to meet increased funding needs for 2008. Councilmember Dave Pearson stated that no information was provided to Council stating that this was an emergency and that he had searched for information on the web to determine if this was in fact an emergency. Councilmember Pearson stated that he had not been able to find anything from CASS to indicate there was an emergency. Councilmember Pearson further stated that he felt this item should go to the Council sub-committee for review prior to Council approval to validate the system in place. Vice Mayor Hunt stated that she is a member of the sub-committee and she wanted to know if CASS had asked other cities for additional funding. Mayor Barrett stated that he had seen some documentation stating that this is an emergency. Terry Ellis, City Manager, stated that his understanding is that the request is for emergency funding and that Staff would work to get something in writing from CASS and bring back to Council at the August 21st meeting. Motion was made by Councilmember Pearson, seconded by Councilmember Evans to carryover this item over to the August 21, 2007 Council Meeting. Upon a vote of six to one the item was carried over with Mayor Barrett voting “no.” 22C Budget Transfers, Water and Wastewater Reserve Funds Authorized a budget transfer in the amount of $202,564 from the General Fund Contingency Account to the Wastewater Expansion Fund, Water Systems Account and the use of Wastewater Expansion Fund Reserves for shortfall of reimbursement to Vistancia LLC for over sizing of wastewater lines per the Vistancia Development Agreement. 23C Dial-A-Ride Program Policies and Procedures Approved the draft Dial-A-Ride Program Service Policy. 24C Fiscal Year 2008 Annual Sidewalk Program Approved the Fiscal Year 2008 Annual Sidewalk Program consisting of sections of sidewalk on Olive Avenue, Thunderbird Road, Beardsley Road and 91st Avenue. 25C Deeds and Easements, Various Locations Adopted RES. 07-98 accepting Deeds and Easements for various real property interests acquired by the City and previously recorded by the Maricopa County Recorder’s Office. 26C Designate Roadways, Establish Rights-of-Way, Various Locations Adopted RES. 07-99 designating various real properties to be used as City roadways and authorized the establishment of public rights-of- way to be opened and maintained by the City as a public street. 27C Map of Dedication, Dixileta Parkway and Trilogy Boulevard Approved the Map of Dedication for Dixileta Parkway, a Re-Plat of a portion of Vistancia Boulevard and Tract J and Tract I, located west of Trilogy Boulevard, subject to stipulations. (Project R060076) 28C Final Plat, Arrowhead Business Park, 87th Avenue and Kelton Lane Approved the Final Plat for Arrowhead Business Park, a Re-Plat of Lots 9, 10, 11, 12, 13 and 14, located at the southwest corner of 87th Avenue and Kelton Lane, subject to stipulations. (Project R050050) 29C Final Plat, Grand Manor, 88th Drive and Grand Avenue Approved the Final Plat for Grand Manor, located at the southwest corner of 88th Drive and Grand Avenue, subject to stipulations. (Project R060088) 30C Final Plat, Osuna Park, 83rd Drive and Washington Street Approved the Final Plat for Osuna Park, located at the northeast corner of 83rd Drive and Washington Street, subject to stipulations. (Project R070065) 31C Final Plat, Camino A Lago South, Unit 6, 98th Drive and Lake Pleasant Parkway Approved the Final Plat for Camino A Lago South, Unit 6, a Re-Plat of Camino A Lago South, Parcel 6 and Parcel 15, Tract D, of the Master Final Plat, a portion of which is located at the northeast corner of 98th Avenue and Lake Pleasant Parkway, subject to stipulations. (Project R070024) 32C Final Plat, Camino A Lago South, Unit 7, 95th Avenue and Adam Avenue Approved the Final Plat for Camino A Lago South Unit 7, a Re-Plat of Camino A Lago South, Parcel 7, Tract C, of the Master Final Plat, located at the southwest corner of 95th Avenue and Adam Avenue, subject to stipulations. (Project R070028) 33C Final Plat, Tuscany Estates, 73rd Avenue and Pinnacle Peak Road Approved the Final Plat for Tuscany Estates, aka The Swallows Subdivision, located at the northwest corner of 73rd Avenue and Pinnacle Peak Road, subject to stipulations. (Project R070001) 34C Re-Plat, Lake Pleasant Towne Center, Lake Pleasant Parkway and Happy Valley Road Approved the Re-Plat of Lake Pleasant Towne Center, located at the northwest corner of Lake Pleasant Parkway and Happy Valley Road, subject to stipulations. (Project R050147I) 35C Amended Condominium Plat, Cibola Vista Resort and Spa, Phase One, Pinnacle Vista Drive and Lake Pleasant Parkway Approved the Amended Plat of a Condominium Final Plat for Cibola Vista (CV) Resort and Spa, Phase One amending the Condominium Final Plat of CV Condominiums Phase One, a portion of Parcels 8A, 8B and 9A of the Master Final Plat of Cibola Vista, located near the northeast corner of Pinnacle Vista Drive and Lake Pleasant Parkway, subject to stipulations. (Project R060046) Study Session items were presented following the Consent Agenda items. STUDY SESSION AGENDA 1. Council Vacancy Policy Steve Kemp, City Attorney, provided an overview of the City Council Policy that was adopted in 2006. The policy was used to consider applicants for Council vacancies. At the time it was adopted, Council decided to have the policy automatically terminate at the end of the year in order to permit the new Council to consider how vacancies would be filled. The City Council Policy CP-06-02, which was established in 2006, allows a council seat vacancy to be filled by appointment on an interim basis if the appointment has two years or less remaining. If the position of Mayor becomes vacant, the Vice Mayor will automatically succeed the position of Mayor. Mr. Kemp stated that the policy had expired January 2, 2007, so the policy is no longer binding. Mr. Kemp advised that the reason to bring this to Council at the Study Session was to get direction whether Council wanted to bring a similar policy back to action. Terry Ellis, City Manager, stated that he believes this is a good policy; it is very progressive and well conceived. Mr. Ellis further stated the policy worked very well when it was used in 2006. Councilmember Pearson asked if it is also possible to amend the Charter to have the Council choose a person to ascend to the position of Mayor rather than have the Vice Mayor ascend into this position. Mr. Kemp clarified the item for discussion at this meeting is the Council Policy on Filling Vacancies. If Council wished to discuss the method for filling a vacancy in the Mayor’s office, that could be brought back at a future Council Study Session. Mayor Barrett asked those Councilmembers who were on Council when the Council Vacancy Policy was used how it worked, and whether they thought Council should change the procedure. Councilmember Carlat stated that the policy was transparent and seemed to work well. Consensus of Council was to bring a Council Policy on Filling Vacancies back on a future agenda for discussion and possible action. 2. Code Compliance Presenters included: Glen Van Nimwegen, Director of Community Development; Steve Kemp, City Attorney; Honorable George Anagnost, Municipal Judge; Bill Patena, Neighborhood Services Manager and Jack Stroud, Code Compliance Supervisor. Mr. Patena provided an overview of the Code Compliance Office including personnel, numbers of inspections for FY 07, areas of concern and the top five complaints received during FY 07. Staff reported that the Code Compliance Office has been successful with enforcement. One new Code Technician position has been added this Fiscal Year. The current Code Technician could only go into certain parts of the City as that position was paid by federal funds. The new position will cover all areas of the City. Mr. Patena further briefed Council on the Public Outreach Programs, including Neighborhood Pride that works on neighborhood projects during the year to make improvements in various neighborhoods. Council expressed concerns about risks during fire season and how Code Compliance watches for areas that are high risk because of high grass and weeds and other debris in fields. Council asked how the City is able to notify the owners of the property once an area has been identified. Mr. Kemp and Mr. Patena stated that they work together to locate the owners and have been very successful. In those cases where the City is not able to locate the owners, the City can arrange for the clean-up and put a lien against the property for the costs of the clean-up. Councilmember Pearson asked how the City can help those persons that require help with clean-up or other assistance when they are unable to do the work themselves. Mr. Patena stated that the City of Peoria has a program called, Peoria Assistance Program (PAR) that can be utilized. Steve Kemp, City Attorney, provided an overview of the organizational structure of the City Attorney’s Office assigned to Code Compliance. Mr. Kemp further discussed the civil and criminal case statistics for Fiscal Year 2007. Mr. Kemp also provided an overview of the differences between civil and criminal cases and the time lines to fully process each type of case. 3. Council Policies, Procedures and Regulations a. Outdated Council Policies b. Revisions and Updates to Council Policies Terry Ellis, City Manager, informed Council that the review team consisted of a number of City Staff and stated that the team worked over the past two years reviewing policies, procedures and regulations. The policies and procedures had not been reviewed in some time and many were outdated and no longer required. Mr. Ellis further stated that the team had done an excellent job reviewing and re-writing the Council Policies, Procedures and Regulations and he is very pleased with the results. Steve Burg, Chief Assistant City Attorney, provided an overview process for updating the Council Policies, Procedures and Regulations. Mr. Burg further discussed the differences between Council policy, administrative procedures and department procedures. Mr. Burg informed Council that some of the current policies and procedures had been superseded, some do not meet the definition of a Council policy, they are agreements and some really are not Council policies, rather they are more departmental policies. Mr. Burg advised Council that there will be three agenda items on tonight’s 7:00 p.m. meeting to approve the recommendations of the Committee. Responding to a question from Council, Mr. Burg informed Council that the changes would take effect in thirty days if approved by Council at the meeting later tonight. Mayor Barrett declared a short recess at 5:30 p.m. and resumed the meeting at 5:35 p.m. 4. Principles of Sound Water Management Presenters included: John Wenderski, Deputy City Manager; Stephen Bontrager, Utilities Director and Brad Hill, Water Resources Manager. John Wenderski, Deputy City Manager, informed Council that in 2005 Staff had presented a water briefing to Council. At that time, Council directed Staff to look at how we allocate water to new development in the City. Staff was to look at ways to make an objective evaluation in the decision making process. Mr. Wenderski mentioned the names of each Staff person who served on the committee. Brad Hill, Water Resources Manager, gave an overview of the Principles of Sound Water Management document which memorializes high level policies on a variety of water topics. Mr. Hill reminded Council that they had previously directed Staff to establish a new Land Use Management Policy which will be embedded into the Principles of Sounds Water Management. The existing practices were briefly discussed including regulatory, planning, relationships with outside agencies and water management. Mr. Hill presented a highlight from each policy area as an overview. Staff is recommending a new policy, Policy 6, which will be for Land Use Management and will develop an objective measurement tool taking into account any appropriate mitigating factors. This will add additional screening criteria to the Peoria General Plan – economic value per gallon of water criteria evaluation, showing how use impacts water supply. Mr. Hill further advised Council that City Staff has met and will continue to meet with stakeholders over the next year. Councilmember Pearson asked about replenishment. Mr. Hill stated that the replacement will be gallon for gallon of what is taken out and what the economic value per gallon of water criteria evaluation is. Staff in Economic Development, Community Development and the Utilities Department will apply and evaluate the success of the new criteria to major General Plan amendments until the end of the year. Mayor Barrett asked Staff to provide details to Council regarding how this new criteria would affect an area such as 83rd Avenue and Arrowhead Fountains as an example for Council. Mr. Hill summarized by saying Staff will seek Council approval of the Principles of Sound Water Management including the proposed Land Use Management Policy in November 2007. Additionally, Staff will bring forward for review and adoption updates to the Peoria General Plan through the normal process. Clerk Note: The Principles of Sound Water Management Presentation is on file in the City Clerk’s Office. ADJOURNMENT: Being no further business to come before the Council, the meeting was duly adjourned at 6:05 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 Special Meeting and Study Session of the City Council of Peoria, Arizona held on the 10th day of July, 2007. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 4th day of September, 2007. (Seal) ______________________________________ Mary Jo Kief, City Clerk