MINUTES OF THE PEORIA CITY COUNCIL CITY OF PEORIA, ARIZONA COUNCIL CHAMBER October 16, 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, the Cub Scouts Pack #293 led the Pledge of Allegiance. 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; Susan Thorpe, Deputy City Manager; John Wenderski, Deputy City Manager; Steve Kemp, City Attorney; Mary Jo Kief, City Clerk; J.P. de la Montaigne, Greg Eckman, Bill Mattingly, Grady Miller, Dave Moody, Rocky Smith, Glen Van Nimwegen, William Emerson and Constance Copeland. Audience: Approximately 60 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. Presentation: 1. Presentation to Constitution Contest art and essay winners from local schools. Mayor Barrett explained the Constitution Contest was performed in conjunction with the Peoria Unified School District and the Deer Valley Unified School District. Councilmember Evans awarded gift certificates to the art and essay winners from local schools, with the grand prize winner receiving a college scholarship. CONSTITUTION CONTEST WINNERS – 2007 PLACE STUDENT SCHOOL TEACHER Kindergarten First Place Emily Pettett Coyote Hills Mrs. Hatfield Second Place Morgan Goldberg Vistancia Mrs. Szymanski Third Place Bradley Edlebeck Westwing Mrs. Nebel PLACE STUDENT SCHOOL TEACHER First and Second Grade First Place Ryan Hanson Westwing (2nd grade) Mrs. Meredith Second Place Haily McMillian Coyote Hills (2nd grade) Mrs. Jarrell Third Place Salynna Machado Sun Valley (1st grade) Mrs. Green Third and Fourth Grade First Place Adam Niver Coyote Hills (3rd grade) Mrs. Mastin Second Place Hailee Gibson West Wing (3rd grade) Mrs. Hammitt Third Place Jordan Knapp Ira Murphy (3rd grade) Mrs. Sapp Fifth and Sixth Grade First Place Kylee Burgess Oasis (6th grade) Mrs. Marin Second Place Katie Mote Coyote Hills (6th grade) Mrs. Carlson Third Place Winston Ji Apache (5th grade) Mrs. Brown Seventh and Eighth Grade First Place Bobby O’Shea Oakwood (8th grade) Mr. Cohen Second Place Emily Nelson Oakwood (7th grade) Mrs. Placencia Third Place Ramon (R.J.) Mendoza Jr. Alta Loma (8th grade) Ms. Seymour Ninth and Tenth Grade First Place Christy Biggers Centennial (9th grade) Eleventh and Twelfth Grade First Place Kristen Rodecap Centennial (11th grade) Mr. Tailor Second Place Brittany Arrendondo Centennial (11th grade) Mr. Wnek Third Place Rachael Biggers Centennial (12th grade) Mr. Dudley GRAND PRIZE WINNER David Mendivil Peoria High School 12th Grade Mrs. Spencer Clerk’s Note: Council recessed for 15 minutes. 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. There were no requests to remove an item. Motion was made by Vice Mayor Hunt, seconded by Councilmember Leone, to approve the Consent Agenda as submitted. Upon vote, the motion carried unanimously. CONSENT – New Business: 1C DISPOSITION OF ABSENCE: Approved the absence of Mayor Bob Barrett and Vice Mayor Vicki Hunt from the Regular City Council Meeting held on October 2, 2007. 2C MINUTES: Approved Special Meeting 4:00 p.m. – August 21, 2007 Regular Meeting 7:00 p.m. – August 21, 2007 3C Code Amendment, Chapter 17, Shopping Cart Regulation ORDINANCE NO. 07-33 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA AMENDING CHAPTER 17 OF THE PEORIA CITY CODE (1992) BY ENACTING SECTION 17-65 PERTAINING TO SHOPPING CARTS; DEFINITIONS AND AMENDING CHAPTER 17 OF THE PEORIA CITY CODE BY ENACTING SECTION 17-66 PERTAINING TO SHOPPING CARTS; RESTRICTIVE DEVICES REQUIRED; VIOLATIONS; PENALTIES AND AMENDING CHAPTER 17 OF THE PEORIA CITY CODE (1992) BY ENACTING SECTION 17-67 PERTAINING TO SHOPPING CARTS; ACTIVITIES, PROHIBITIONS, NOTICES, APPLICABILITY, CONSENT, PRESUMPTION, VIOLATIONS AND AMENDING CHAPTER 17 OF THE PEORIA CITY CODE (1992) BY ENACTING SECTION 17-68 PERTAINING TO SHOPPING CARTS; FINDING; IMPOUNDMENT OF SHOPPING CARTS BY CITY; CONDITIONS; EMERGENCIES; COSTS; FINES; DISPOSAL OF UNCLAIMED CARTS; APPLICABILITY AND AMENDING CHAPTER 17 OF THE PEORIA CITY CODE (1992) BY ENACTING SECTION 17-69 PERTAINING TO SHOPPING CARTS; RETRIEVAL; RECORDS; SIGN AND AMENDING CHAPTER 17 OF THE PEORIA CITY CODE (1992) BY ENACTING SECTION 17-70 PERTAINING TO SHOPPING CARTS; VIOLATION; CLASSIFICATION; APPLICABILITY AND PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Adopted ORD. 07-33 amending Chapter 17 of the Peoria City Code (1992 Edition) to provide for the regulation of shopping carts. 4C New Classifications, Human Resources Department Approved the recommendations of the Personnel Review Committee to establish new classifications in the Human Resources Department. 5C Code Amendment, Chapter 19, Human Resources Department, Establish Divisions ORDINANCE NO. 07-34 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA AMENDING CHAPTER 19 OF THE PEORIA CITY CODE (1992) BY AMENDING SECTION 19-1 PERTAINING TO THE HUMAN RESOURCES DEPARTMENT, ESTABLISHMENT; REPEALING SECTION 19-2 PERTAINING TO THE HUMAN RESOURCES DEPARTMENT, ORGANIZATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Adopted ORD. 07-34 amending Chapter 19 of the Peoria City Code (1992 Edition) pertaining to divisions within the Human Resources Department. 6C Grant, Target Department Stores, Peoria Public Library, Sunrise Mountain Branch, Baby Steps Program a) Accepted a grant in the amount of $1,000 from Target Department Stores to provide funding to the Peoria Public Library, Sunrise Mountain Branch, for the purchase of early learning tools for the Baby Steps program (LCON08007); and b) Approved a budget transfer in the amount of $1,000 from the Proposed Grants Fund Contingency Account to the Branch Library General Fund Recreation Supplies Account. 7C Grant, State Library, Archives and Public Records, Peoria Public Library, Children’s Literacy Materials a) Accepted a grant in the amount of $7,218.23 from the State Grants In Aid, administered by State Library, Archives and Public Records, to provide funding to the Peoria Public Library for the purchase of two Early Literacy Stations and children’s materials to help support literacy programs (LCON08107); and b) Approved a budget transfer in the amount of $7,218.23 from the Proposed Grants Fund Contingency Account to the Main Library General Fund Furniture Account. 8C Intergovernmental Agreement, Drug Enforcement Administration, Police Officer Task Force Assignment a) Approved a two-year Intergovernmental Agreement with the Drug Enforcement Administration (DEA) to assign one officer to the DEA Task Force for a period of up to 12 months (LCON08207); and b) Approved a budget amendment in the amount of $15,854 from the Proposed Grants Contingency Account to the Federal DEA Fund Overtime Account to provide expenditure authority for overtime funds reimbursed. 9C Agreement, Burlington Northern Santa Fe Railroad, Grade Crossing Signal Installation, 81st Avenue a) Authorized the City Manager to enter into a Grade Crossing Signal Installation Agreement with the Burlington Northern Santa Fe (BNSF) Railroad to expand the existing 81st Avenue BNSF Railroad roadway crossing (future Cotton Crossing) to include provisions for the roadway widening required as part of the roadway improvements included in the Phase II portion of the Wal-Mart Retail Center (LCON08307); and b) Authorized payment to BNSF Railroad for the necessary improvements associated with completing the City’s obligations contained in the agreement. 10C Contract Amendments, Employee Insurance Benefits, Various Providers Approved one-year extensions of term contracts for the following employee insurance benefits: Blue Cross/Blue Shield HMO/PPO Medical (LCON10605D); United Concordia Dental (LCON13404C); Assurant Prepaid Dental (LCON13304B); SightCare Vision (LCON13504B); Sun Life and AD&D (LCON13104B); MetLife Life and AD&D (LCON13204B); Standard Short Term Disability (LCON06105B); ProcessWorks Flexible Spending Account (LCON13604D); Deer Oaks Employee Assistance Program (ACON19304E); and Prudential Travel Accident Insurance (ACON01107A). 11C Authorize Expenditure, Selectron Technologies, Inc., Building Safety, Computer Software Maintenance a) Approved payment in the amount of $17,178 to Selectron Technologies, Inc. for annual software maintenance; b) Authorized the use of General Fund Reserves; and c) Approved a budget adjustment in the amount of $17,178 from the General Fund Contingency Account to the Building Safety Computer Software Support and Maintenance Account. 12C Authorize Expenditure, Mohave Educational Services Cooperative, Inc., Clubhouse Improvement Project a) Authorized an expenditure in the amount of $20,780.55 for final payment to Mohave Educational Services Cooperative, Inc. for the Epoxy Flooring Clubhouse Improvements project; b) Authorized the use of General Fund Reserves; and c) Approved a budget transfer in the amount of $20,781 from the General Fund Contingency Account to the Sports Complex Building Repair and Maintenance Account. 13C Notice of Intention, Public Hearing, City of Peoria Water, Wastewater, Solid Waste Rate Adjustment a) Adopted a Notice of Intention to adjust the City’s water, wastewater, and solid waste rates; and b) Established November 20, 2007 as the date for a public hearing on the proposed adjustments. 14C Ticket Prices, Peoria Sports Complex, 2008 Spring Training Season Authorized ticket prices at the Peoria Sports Complex for the 2008 Spring Training Season. 15C Maintenance Improvement District No. 1071, Camino a Lago South, Unit 7, 98th Avenue and Adam Avenue RESOLUTION NO. 07-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEORIA, ARIZONA, DECLARING ITS INTENTION TO CREATE AN IMPROVEMENT DISTRICT TO MAINTAIN LANDSCAPING INCLUDED WITHIN, NEAR AND ADJACENT TO A PARKWAY AND RELATED FACILITIES TOGETHER WITH APPURTENANT STRUCTURES AS SHOWN ON THE PLANS, FOR MAINTENANCE WITHIN AN AREA IN THE CITY OF PEORIA AS DESCRIBED HEREIN; ADOPTING PLANS FOR CITY OF PEORIA MAINTENANCE IMPROVEMENT DISTRICT NO. 1071, CAMINO A LAGO SOUTH UNIT 7, AS MORE PARTICULARLY DESCRIBED HEREIN, AND DECLARING THE WORK OR IMPROVEMENT TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT, AND THAT THE COST OF SAID WORK OR IMPROVEMENT SHALL BE ASSESSED UPON A CERTAIN DISTRICT, AND PROVIDING THAT THE PROPOSED WORK OR IMPROVEMENT SHALL BE PERFORMED UNDER ARIZONA REVISED STATUTES TITLE 48, CHAPTER 4, ARTICLE 2, AND AMENDMENTS THERETO AND DECLARING AN EMERGENCY. RESOLUTION NO. 07-139 RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA DECLARING ITS INTENTION TO ORDER THE IMPROVEMENTS OF A CERTAIN AREA WITHIN THE CORPORATE LIMITS OF THE CITY AND CREATING AN IMPROVEMENT DISTRICT KNOWN AS THE CITY OF PEORIA MAINTENANCE IMPROVEMENT DISTRICT NO. 1071, CAMINO A LAGO SOUTH UNIT 7; PROVIDING THAT THE COST OF THE MAINTENANCE OF THE LANDSCAPING INCLUDED WITHIN, NEAR, AND ADJACENT TO A PARKWAY AND RELATED FACILITIES TOGETHER WITH APPURTENANT STRUCTURES AS SHOWN ON THE PLANS, SHALL BE ASSESSED UNDER THE PROVISIONS OF TITLE 48, CHAPTER 4, ARTICLE 2, ARIZONA REVISED STATUTES, AS AMENDED; AND DECLARING AN EMERGENCY. Approved the Petition of Formation and adopted RES. 07-138 intention and ordering formation of proposed Maintenance Improvement District No. 1071, located on 98th Avenue and Adam Avenue; and adopted RES. 07-139 ordering the work within the proposed Maintenance Improvement District. 16C Maintenance Improvement District No. 1073, Palm Tree Estates, 107th Avenue and Utopia Road RESOLUTION NO. 07-140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEORIA, ARIZONA, DECLARING ITS INTENTION TO CREATE AN IMPROVEMENT DISTRICT TO MAINTAIN LANDSCAPING INCLUDED WITHIN, NEAR AND ADJACENT TO A PARKWAY AND RELATED FACILITIES TOGETHER WITH APPURTENANT STRUCTURES AS SHOWN ON THE PLANS, FOR MAINTENANCE WITHIN AN AREA IN THE CITY OF PEORIA AS DESCRIBED HEREIN; ADOPTING PLANS FOR CITY OF PEORIA MAINTENANCE IMPROVEMENT DISTRICT NO. 1073, PALM TREE ESTATES, AS MORE PARTICULARLY DESCRIBED HEREIN, AND DECLARING THE WORK OR IMPROVEMENT TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT, AND THAT THE COST OF SAID WORK OR IMPROVEMENT SHALL BE ASSESSED UPON A CERTAIN DISTRICT, AND PROVIDING THAT THE PROPOSED WORK OR IMPROVEMENT SHALL BE PERFORMED UNDER ARIZONA REVISED STATUTES TITLE 48, CHAPTER 4, ARTICLE 2, AND AMENDMENTS THERETO AND DECLARING AN EMERGENCY. RESOLUTION NO. 07-141 RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA DECLARING ITS INTENTION TO ORDER THE IMPROVEMENTS OF A CERTAIN AREA WITHIN THE CORPORATE LIMITS OF THE CITY AND CREATING AN IMPROVEMENT DISTRICT KNOWN AS THE CITY OF PEORIA MAINTENANCE IMPROVEMENT DISTRICT NO. 1073, PALM TREE ESTATES; PROVIDING THAT THE COST OF THE MAINTENANCE OF THE LANDSCAPING INCLUDED WITHIN, NEAR, AND ADJACENT TO A PARKWAY AND RELATED FACILITIES TOGETHER WITH APPURTENANT STRUCTURES AS SHOWN ON THE PLANS, SHALL BE ASSESSED UNDER THE PROVISIONS OF TITLE 48, CHAPTER 4, ARTICLE 2, ARIZONA REVISED STATUTES, AS AMENDED; AND DECLARING AN EMERGENCY. Approved the Petition of Formation and adopted RES. 07-140 intention and ordering formation of proposed Maintenance Improvement District No. 1073, located on 107th Avenue and Utopia Road; and adopted RES. 07-141 ordering the work within the proposed Maintenance Improvement District. 17C Street Light Improvement District No. 1028, Palm Tree Estates, 107th Avenue and Utopia Road RESOLUTION NO. 07-142 RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA DECLARING ITS INTENTION TO ORDER THE PURCHASE OF ELECTRICITY FOR LIGHTING THE STREETS AND PUBLIC PARKS WITHIN THE PROPOSED DISTRICT AND THAT THE COST OF THE PURCHASE OF ELECTRICITY FOR LIGHTING THE STREETS AND PUBLIC PARKS, BE ASSESSED UPON A CERTAIN IMPROVEMENT DISTRICT TO BE KNOWN AS CITY OF PEORIA STREET LIGHT IMPROVEMENT DISTRICT NO. 1028, PALM TREE ESTATES; PROVIDING THAT THE COST OF THE ELECTRICITY REQUIRED TO OPERATE THE SYSTEM BE ASSESSED UNDER THE PROVISIONS OF TITLE 48, CHAPTER 4, ARTICLE 2, ARIZONA REVISED STATUTES, AS AMENDED; AND DECLARING AN EMERGENCY. RESOLUTION NO. 07-143 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA ORDERING THE IMPROVEMENTS OF CERTAIN STREETS AND RIGHTS-OF-WAY WITHIN THE CORPORATE LIMITS OF THE TOWN AND CREATING AN IMPROVEMENT DISTRICT KNOWN AS THE CITY OF PEORIA STREET LIGHT IMPROVEMENT DISTRICT NO. 1028, PALM TREE ESTATES, PURSUANT TO TITLE 48, CHAPTER 4, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO FOR THE PURPOSE OF PURCHASING ELECTRICITY, WHICH INCLUDES A CHARGE FOR THE USE OF LIGHTING FACILITIES AND OTHER RELATED ITEMS TOGETHER WITH ALL APPURTENANT STRUCTURES AS SHOWN ON THE PLANS, AND DECLARING AN EMERGENCY. Approved the Petition of Formation and adopted RES. 07-142 intention and ordering formation of proposed Street Light Improvement District No. 1028, located on 107th Avenue and Utopia Road; and adopted RES. 07-143 ordering the purchase of electricity for lighting streets and parks within the proposed Street Light Improvement District. 18C Street Light Improvement District No. 1034, Camino a Lago South, Unit 7, 98th Avenue and Adam Avenue RESOLUTION NO. 07-144 RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA DECLARING ITS INTENTION TO ORDER THE PURCHASE OF ELECTRICITY FOR LIGHTING THE STREETS AND PUBLIC PARKS WITHIN THE PROPOSED DISTRICT AND THAT THE COST OF THE PURCHASE OF ELECTRICITY FOR LIGHTING THE STREETS AND PUBLIC PARKS, BE ASSESSED UPON A CERTAIN IMPROVEMENT DISTRICT TO BE KNOWN AS CITY OF PEORIA STREET LIGHT IMPROVEMENT DISTRICT NO. 1034, CAMINO A LAGO SOUTH UNIT 7; PROVIDING THAT THE COST OF THE ELECTRICITY REQUIRED TO OPERATE THE SYSTEM BE ASSESSED UNDER THE PROVISIONS OF TITLE 48, CHAPTER 4, ARTICLE 2, ARIZONA REVISED STATUTES, AS AMENDED; AND DECLARING AN EMERGENCY. RESOLUTION NO. 07-145 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA ORDERING THE IMPROVEMENTS OF CERTAIN STREETS AND RIGHTS-OF-WAY WITHIN THE CORPORATE LIMITS OF THE TOWN AND CREATING AN IMPROVEMENT DISTRICT KNOWN AS THE CITY OF PEORIA STREET LIGHT IMPROVEMENT DISTRICT NO. 1034, CAMINO A LAGO SOUTH UNIT 7, PURSUANT TO TITLE 48, CHAPTER 4, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO FOR THE PURPOSE OF PURCHASING ELECTRICITY, WHICH INCLUDES A CHARGE FOR THE USE OF LIGHTING FACILITIES AND OTHER RELATED ITEMS TOGETHER WITH ALL APPURTENANT STRUCTURES AS SHOWN ON THE PLANS, AND DECLARING AN EMERGENCY. Approved the Petition of Formation and adopted RES. 07-144 intention and ordering formation of proposed Street Light Improvement District No. 1034, located at 98th Avenue and Adam Avenue; and adopted RES. 07-145 ordering the purchase of electricity for lighting streets and parks within the proposed Street Light Improvement District. 19C Roadway Dedication, Cotton Crossing Road Project, Monroe Street and Grand Avenue Frontage Road RESOLUTION NO. 07 -146 RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA, AUTHORIZING THE GRANTING OF A ROADWAY DEDICATION ASSOCIATED WITH THE COTTON CROSSING ROAD IMPROVEMENTS. Adopted RES. 07-146 authorizing the City Manager to execute a dedication of public roadway associated with the Cotton Crossing Road Project located on Monroe Street south of the Grand Avenue Frontage Road. 20C Easement, Bureau of Land Management, Christian Camp Church Road, State Route 74 and Castle Hot Springs Road RESOLUTION NO. 07-147 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA ADOPTING A RESOLUTION FORMALLY ACCEPTING A PERPETUAL EASEMENT FROM THE BUREAU OF LAND MANAGEMENT FOR PROPERTY RIGHTS CONVEYED TO THE CITY OF PEORIA. RESOLUTION NO. 07-148 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA ADOPTING A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF PUBLIC STREET, CHRISTIAN CHURCH CAMP ROAD, TO BE OPENED AND MAINTAINED BY THE CITY. a) Adopted RES. 07-147 accepting a perpetual easement from the Bureau of Land Management for Christian Camp Church Road, located north of State Route 74 and west of Castle Hot Springs Road; and b) Adopted RES. 07-148 designating the easement to be used as a City roadway and authorizing the establishment of public right-of-way to be opened and maintained by the City as a public street. 21C Easement, Arizona Public Service, Stone Reservoir Site, Grand Avenue and Stone Street RESOLUTION NO. 07-149 RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA, AUTHORIZING THE GRANTING OF A PUBLIC UTILITY EASEMENT, ASSOCIATED WITH THE INSTALLATION OF A NEW TRANSFORMER AT THE STONE RESERVOIR LOCATED AT GRAND AVENUE AND STONE STREET. Adopted RES. 07-149 authorizing the City Manager to execute an electric utility easement to Arizona Public Service for a new transformer and related underground power at the Stone Reservoir site, located at Grand Avenue and Stone Street. 22C Final Plat, Freewill Acres, 79th Avenue and Pinnacle Peak Road Approved the Final Plat of Freewill Acres, located at the northwest corner of 79th Avenue and Pinnacle Peak Road, subject to stipulations. (R070009) 23C Final Plat, Value Place Hotel, 89th Avenue and Sweetwater Avenue Approved the Final Plat for Value Place Hotel, a Re-Plat of Lots A-1 and A-2, Empire Business Park, located at the southwest corner of 89th Avenue and Sweetwater Avenue, subject to stipulations. (R070054) 24C Final Plat, Vistancia Marketplace II, Parcel A-24, Vistancia Boulevard and El Mirage Road Approved the Final Plat of Vistancia Marketplace II, Parcel A-24, located at the northeast corner of Vistancia Boulevard and El Mirage Road, subject to stipulations. (R070033) 25C Authorization to Hold an Executive Session Pursuant to A.R.S. § 38-431.03.A.4 and 38-431.03.A.7 Authorized the holding of an Executive Session for the purpose of: a) Discussion with representatives of the public body regarding the lease of real property at 77th Avenue and Paradise Lane; and b) Discussion with legal counsel for legal advice on pending litigation/arbitration in City of Tolleson v. City of Peoria. Note: Executive Session was held after the adjournment of the 7:00 p.m. Regular City Council Meeting. REGULAR AGENDA NEW BUSINESS 26R PUBLIC HEARING - Liquor License, Olive Wine & Spirits, Loop 101 and Olive Avenue PUBLIC HEARING: Mayor Barrett opened the Public Hearing and asked if any Councilmember or citizen wished to comment on requests for a new Off-Sale Liquor License (Series 9) for Olive Wine & Spirits, located at the southeast corner of the Loop 101 and Olive Avenue. Applicant: Yakov Ross. LL#10009525. Staff Report/Public Comment: Mary Jo Kief, City Clerk, reported that the property was posted, all fees were paid and no comments were received in the City Clerk’s Office. Staff recommendation is that Council recommend denial of this application to the State Liquor Board. Steve Kemp, City Attorney, responded to questions from Council regarding the reasons for the staff recommendation to deny the application. Mr. Kemp advised Council that under the City’s land use code, there are restrictions on certain types of uses. There are distance restrictions on check cashing establishments which are that the establishment must be at least 1,000 feet away from a retail liquor store. In this case, there is an existing check cashing facility within 1,000 feet; therefore, the current application violates the City of Peoria land use code. Under the City’s land use code, this application is not eligible for a tenant improvement permit or operating permit. With this information, Mr. Kemp advised Council that the Staff recommendation is that Council recommends denial of this application to the State Liquor Board. Having no requests from the public to address this item, Mayor Barrett declared the public hearing closed. Council Action: Motion was made by Councilmember Carlat, seconded by Vice Mayor Hunt, to recommend denial to the State Liquor Board for a new Off-Sale Liquor License (Series 9) for Olive Wine & Spirits, located at the southeast corner of the Loop 101 and Olive Avenue. Applicant: Yakov Ross. LL#10009525. Upon vote, the motion to recommend denial carried unanimously. 27R PUBLIC HEARING – Liquor Licenses, Various Locations PUBLIC HEARING: Mayor Barrett opened the Public Hearing and asked if any Councilmember or citizen wished to comment on requests for: a) A new Off-Sale Wine & Beer Liquor License (Series 10) for Fresh & Easy Neighborhood Market, located at the northwest corner of Lake Pleasant Parkway and Jomax Road. Applicant: Randy Nations. LL#10010146; and b) A location transfer for an Off-Sale All Liquor License (Series 9) for Safeway Food & Drug #2799, located at 28455 N. Vistancia Boulevard. Applicant: Janice Martin. LL#10010060. Staff Report/Public Comment: Mary Jo Kief, City Clerk, reported that all properties were 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. Councilmember Evans inquired if there were any representatives of Fresh & Easy Neighborhood Market present. Nicholas Guttilla identified himself as the attorney for Fresh & Easy. Councilmember Evans asked about blanks on the application. Mr. Guttilla produced a complete application and submitted it to the City Clerk. In response to Councilmember Evans, Mr. Kemp recommended Council proceed with the vote if they feel comfortable with the information available on the original application. Council Action: Motion was made by Councilmember Evans, seconded by Councilmember Aames, to recommend approval to the State Liquor Board for: a) A new Off-Sale Wine & Beer Liquor License (Series 10) for Fresh & Easy Neighborhood Market, located at the northwest corner of Lake Pleasant Parkway and Jomax Road. Applicant: Randy Nations. LL#10010146; and b) A location transfer for an Off-Sale All Liquor License (Series 9) for Safeway Food & Drug #2799, located at 28455 N. Vistancia Boulevard. Applicant: Janice Martin. LL#10010060. Upon vote, the motion carried unanimously. 28R Authorize Expenditure, Policy Studies, Inc., Municipal Court Program Review John Wenderski, Deputy City Manager, explained program reviews are conducted to ensure operational standards. He highlighted the areas to be analyzed in the Municipal Court Program Review and noted the review will be completed within the next four months. Councilmember Carlat inquired if the review will encompass sentencing and home detainment. Mr. Kemp responded sentencing will not be reviewed as it is dictated by statute. He noted the Court implements home detention at the direction of the legislative body and staff will bring the subject before Council for future discussion. Motion was made by Councilmember Carlat, seconded by Councilmember Evans, to authorize the expenditure of funds in the amount of $93,072 to Policy Studies, Inc. for a program review of the Municipal Court. Upon vote, the motion carried unanimously. 29R Authorize Expenditure, Parsons Brinkerhoff Quade & Douglas, Inc., Design Services 83rd Avenue, Deer Valley Road to Happy Valley Road Dave Moody, Engineering Director, explained Maricopa County will participate in the project, specifically with utilities and right-of-way acquisitions, as a large bulk of the project is located in the county island. He stated it will take one year for the design with an estimated commencement date of October 2008; however this may shift depending on the Happy Valley Road project. Councilmember Carlat inquired if there will be two lanes in each direction with bike lanes. Mr. Moody replied it is not definite at this point. It is an interim project and bike lanes are a goal which will be determined based on County standards, drainage, and right-of-ways. Councilmember Carlat commented on traffic issues with the construction of Happy Valley Road. Mr. Moody noted there will be two lanes from 83rd Avenue to Happy Valley Road and Jomax Road for some time as it is not in the Capital Improvement Program, but through the developer. He noted public meetings will be held with citizens once the survey is complete. Motion was made by Councilmember Carlat, seconded by Vice Mayor Hunt, to authorize the expenditure of funds in the not-to-exceed amount of $504,587.10 to Parsons Brinkerhoff Quade & Douglas, Inc., utilizing the Maricopa County Department of Transportation On-Call Design Services Contract for design services for the interim road widening and drainage improvements at 83rd Avenue from Deer Valley Road to Happy Valley Road. (Project P-0708) Upon vote, the motion carried unanimously. CALL TO THE PUBLIC: (NON-AGENDA ITEMS) Dolores Ceballos, an eight year Peoria resident, spoke regarding the relocation of the Women’s Club. Mayor Barrett informed her Council may not respond and noted the 4:00 p.m. study session held prior to this meeting discussed the Women’s Club. He clarified action is not taken at study sessions and that recordings of the study session are available on DVD and staff will provide a copy to her. Ms. Ceballos stated she opposes moving the Women’s Club because of its history. Reports from the City Manager: Quarterly Roadway and Traffic Improvement Project Report as of October 15, 2007. Dave Moody, Engineering Director, presented an overview of the Quarterly Roadway and Traffic Improvement Project Report. Discussion ensued on the telephone poles at Monroe Street and 83rd Avenue. Mr. Moody noted the wooden poles were replaced with steel poles as additional power was required for the construction of the City of Peoria campus. APS will remove the poles when the Peoria Place/street widening construction begins. Councilmember Aames inquired on the lanes and signals at 91st Avenue and Olive Avenue. Mr. Moody noted the bottleneck intersection will be cleaned up as he believes there will be dual left hand turn lanes. Discussion ensued on Cotton Crossing. Mr. Moody stated the railroad construction will begin in one year and Wal-Mart will then begin construction on Grand Avenue. He noted Cotton Crossing will be completed in two years. Councilmember Aames inquired on the construction at 83rd Avenue and Thunderbird and Spring Training. Mr. Moody replied the contract with Arizona Department of Transportation (ADOT) does not allow construction during Spring Training so the goal is to complete it beforehand. Councilmember Aames asked if Cactus Road will be widened utilizing sales tax. Mr. Moody responded it is not a current project and will check the timeline in the Capital Improvement Program. Councilmember Carlat asked if Deer Valley Road and 95th Avenue to Lake Pleasant Parkway is complete. Mr. Moody replied it is almost finished and has asked the developer to open it. The developer is not required to open it yet and is currently using it for construction access. Mr. Moody noted he will continue to ask the developer. Discussion ensued on Vistancia Boulevard and El Mirage Road. Mr. Moody noted a light warrant study is the developer’s responsibility. He will verify if a study has been completed and review the results. In response to Council, Mr. Moody stated a light is warranted at Lake Pleasant Parkway and State Route 74. Staff is finalizing the design and partnering with ADOT to share the costs. He noted an issue of securing power for the light. Clerk’s Note: The Quarterly Roadway and Traffic Improvement Project Report is on file in the Clerk’s Office. Southwest Contractor Arizona Best of 2007 Award, Project Management/Small Project for the Rio Vista Recreation Center. Bill Mattingly, Public Works Director, explained the Rio Vista Recreation Center will be a recipient of the Southwest Contractor Arizona Best of 2007 award for Project Management/Small Project. He noted the Rio Vista project was one of 282 Arizona projects submitted for consideration. The Rio Vista project will be featured in the December 2007 issue of Southwest Contractor. Reports from City Council: Councilmember Leone reported on October 6th he handed out awards for 18 high school marching bands at Raymond S. Kellis High School. He commented on the Glendale Public Safety Training Facility and urged others to visit it. Councilmember Leone noted 50’s music will be playing at City Hall Amphitheater on October 18th, the Harkins Theater Open House at Park West will be on October 19th, and the lights at 99th Avenue and Northern will be functioning soon. Councilmember Evans expressed condolences for the family of Tyler Walsh. Tyler was a freshman football player at Centennial High School who passed away after being struck by a car crossing 79th Avenue. Councilmember Evans stated she received several kind words regarding the public service staff that assisted during the tragedy. Vice Mayor Hunt reminded everyone of the ribbon cutting at the new Super Wal-Mart center on Wednesday, November 7th, at 7:00 a.m. with the doors opening at 7:30 a.m. Reports from the Mayor: None ADJOURNMENT: Being no further business to come before the Council, the meeting was duly adjourned at 8:34 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 16th day of October, 2007. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 18th day of December, 2007. (Seal) ______________________________________ Mary Jo Kief, City Clerk