MINUTES OF THE PEORIA CITY COUNCIL CITY OF PEORIA, ARIZONA COUNCIL CHAMBER November 6, 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 Leone 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, Bill Mattingly, Brent Mattingly, Bob McKibben, Grady Miller, Dave Moody, Steve Prokopek, Larry Ratcliff, Jeff Tyne, Glen Van Nimwegen, James Mason and Linda Blas. Audience: Approximately 35 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: Grady Miller, Communications and Public Affairs Director, provided background on the Young Ambassadors Program. The student exchange program with the Borough of Ards, Northern Ireland, provides high school youth with a two-week cultural experience abroad and a two-week experience hosting exchange students in Peoria. Mr. Miller introduced the four Peoria students who participated in the program this year--Malynda Carter, Philip Davia, Josh Day and Alexis Peugnet. Mr. Miller also introduced Thomas Dennis, the first Young Ambassador. Alexis Peugnet presented a video of the Young Ambassadors’ experiences this past summer. 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 Carlat requested Item 12C be heard separately. Vice Mayor Hunt requested Item 13C be removed from the Consent Agenda and heard separately. Motion was made by Councilmember Carlat, seconded by Councilmember Aames, to approve the Consent Agenda as submitted with the exception of Item 12C and Item 13C. Upon vote, the motion carried unanimously. 1C Code Amendment, Chapter 9, Adoption of 2006 International Fire Code ORDINANCE NO. 07-35 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA AMENDING CHAPTER 9 OF THE PEORIA CITY CODE (1992) BY AMENDING SECTION 9-31, INTERNATIONAL FIRE CODE, ADOPTED; AMENDING SECTION 9-33 INTERNATIONAL FIRE CODE, 2003 EDITION, LOCAL AMENDMENTS; PROVIDING FOR SEPARABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Adopted ORD. 07-35 amending Chapter 9 of the Peoria City Code (1992 Edition) by adopting the 2006 Edition of the International Fire Code, with certain local amendments to reflect unique Peoria conditions. 2C Code Amendment, Chapter 14, Swimming Pool and Spa Sales ORDINANCE NO. 07-36 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 14-9 NON- RESIDENTIAL DISTRICTS, PROVIDING FOR SEPARABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Concurred with the Planning and Zoning Commission’s recommendation and adopted ORD. 07-36 amending Chapter 14 of the Peoria City Code (1977 Edition) to amend Article 14-9, Non-Residential Districts, by adding Swimming Pool and Spa Sales as a permitted use and deleting Recreation and Social Clubs and Cultural Institutions from the list of permitted uses in the Business Park Industrial (BPI) zoning district. (TA 07-08) 3C Property Acquisition, Intersection Improvements, 91st Avenue and Olive Avenue RESOLUTION NO. 07-150 A RESOLUTION OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA DECLARING A PUBLIC NEED AND NECESSITY AND A PUBLIC USE; AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO ACQUIRE ON BEHALF OF THE CITY OF PEORIA THROUGH DONATION, OUTRIGHT PURCHASE OR UNDER THE POWER OF EMINENT DOMAIN FOR PUBLIC PURPOSES OF ALL INTEREST IN CERTAIN DESCRIBED REAL PROPERTY IN THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA, IN ORDER FOR THE CITY TO PROPERLY AND ADEQUATELY IMPROVE THE 91ST AND OLIVE AVENUE INTERSECTION AS A MATTER OF PUBLIC NEED AND NECESSITY; REFERENCING TITLE 12 OF STATE LAW CONCERNING THE EXERCISE OF EMINENT DOMAIN FOR PUBLIC ROADS, STREETS, AND PUBLIC SAFETY PURPOSES; STATING THE CONCLUSION OF THE COMMUNITY DEVELOPMENT DEPARTMENT THAT THE ACQUISITION IS IN CONFORMITY WITH THE ADOPTED GENERAL PLAN; AS A MATTER OF PUBLIC NEED AND NECESSITY AND DECLARING AN EMERGENCY. Adopted RES. 07-150 authorizing the acquisition of property for the 91st Avenue and Olive Avenue Intersection Improvement Project, by donation, outright purchase, or the exercise of the power of eminent domain. (Project P-0315) 4C Grant, Target Corporation, Wipe Out Graffiti Program a) Accepted a grant in the amount of $1,000 from the Target Corporation’s Law Enforcement Grant Program for the purchase of equipment and supplies to support the Police Department’s Wipe Out Graffiti Program (LCON08407); and b) Approved a budget transfer in the amount of $1,000 from the Proposed Grants Fund Contingency Account to the Police Department Operations Support Division, Office and General Supplies Account. 5C Grant, Governor’s Office of Highway Safety, Selective Traffic Enforcement Program RESOLUTION NO. 07-151 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 $20,000 FROM THE GOVERNER’S OFFICE OF HIGHWAY SAFETY TO ASSIST IN FUNDING SUPPLEMENTAL LAW ENFORCEMENT OPERATIONS. a) Adopted RES. 07-151 authorizing the acceptance of a Selective Traffic Enforcement Program (STEP) Grant in the amount of $20,000 from the Governor’s Office of Highway Safety (LCON08507); and b) Approved a budget amendment in the amount of $20,000 from the Proposed Grants Contingency Account to the Occupant Protection Enforcement Grant Overtime Account in the amount of $17,600 and to the Occupant Protection Enforcement Grant Supplies Account in the amount of $2,400 to provide expenditure authority. 6C Position Reclassification, Police Department Approved the reclassification of an unfilled Deputy Chief of Police position to a new non- sworn classification of Deputy Director of Police – Police Services. 7C Contract, EPS Group, Incorporated, Lake Pleasant Mobile Home Estates Reconstruction Design, 107th Avenue and Palm Tree Drive Awarded a contract in the not-to-exceed amount of $145,404 to EPS Group, Incorporated for the reconstruction design of Lake Pleasant Mobile Home Estates (LPMHE). (LCON108607) 8C Contract Amendment, Pierson Construction Corporation, Inc., Park West Improvement District Approved Contract Amendment No. 1 in the amount of $56,101.94 with Pierson Construction Corporation, Inc. for various change orders for the Park West Improvement District Project. (LCON02107A) 9C Contract Amendment, Johnson Carlier Inc., Municipal Operations Center Renovation and Expansion Project a) Approved Contract Amendment No. 4 in the amount of $732,000 to Johnson Carlier Inc. for the Municipal Operations Center Renovation and Expansion Project (LCON03505D); and b) Authorized a budget amendment in the amount of $123,473 from the General Fund Contingency Account to the General Fund Capital Projects Building and Improvements Account; in the amount of $83,540 from the Half-Cent Sales Tax Contingency Account to the Building and Improvements Account; in the amount of $55,694 from the Water Utility Contingency Account to the Building and Improvements Account; in the amount of $111,387 from the Sanitation Expansion Fund Contingency Account to the Building and Improvements Account; and in the amount of $61,262 from the General Fund Contingency Account to the 2007 General Obligation Capital Projects Bond Fund Building and Improvements Account. 10C Contract Amendment, Peoria Diamond Club, Spring Training Approved Contract Amendment No. 4 with the Peoria Diamond Club to provide services for Spring Training baseball through the 2013 season. (LCON10293D) 11C Authorize Expenditure, Peoria Municipal Court Enhancement Funds a) Authorized the Municipal Court to utilize Peoria Municipal Court Enhancement Funds (PCEF) in the amount of $22,000 to fund two computers to enhance the quality of court recorded proceedings; a contract records position for six months; an additional customer service window; and replacement of a refrigerator; and b) Approved a budget transfer from the PCEF Revenue Account in the amount of $22,000 to the following accounts: PCEF Other Professional Services Account in the amount of $12,500; PCEF Computer Supplies Account in the amount of $4,000; PCEF Building Improvements in the amount of $4000; and to the PCEF Office Equipment and Furniture Account in the amount of $1,500. 12C Industrial Development Authority, Revenue Bond Issuance, Arizona Baptist Retirement Centers Clerk’s Note: This item was heard at the end of the Consent Agenda. RESOLUTION NO. 07-152 A RESOLUTION OF THE COUNCIL OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA, APPROVING THE ISSUANCE AND SALE OF REVENUE BONDS BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF PEORIA, ARIZONA, AT THE REQUEST OF ARIZONA BAPTIST RETIREMENT CENTERS, INC., AN ARIZONA NONPROFIT CORPORATION Steve Kemp, City Attorney, summarized the request to adopt a resolution authorizing the Industrial Development Authority to issue revenue bonds in the amount of $5,250,000. The bonds will be used to construct housing facilities as part of the Arizona Baptist Retirement Centers. Industrial Development Authorities are authorized to issue debt for a commercial business purpose that is secured by indentures, mortgages or liens from the commercial project for which the debt will be used. Under Arizona law, the Peoria Industrial Development Authority is a separate political subdivision from the City of Peoria. State Statute requires the City to appoint members to the Industrial Development Board and the City Council to approve its financing. The law also provides that the Authority is solely responsible for its financing, and there is no liability to the City. In response to questions from Council, Mr. Kemp explained that the City does not have a limited amount of bonds it can sell. Motion was made by Councilmember Carlat, seconded by Councilmember Evans, to adopt RES. 07-152 authorizing and approving the issuance of Industrial Development Authority Revenue Bonds by the Peoria Industrial Development Authority in an amount not to exceed $5,250,000 for the purpose of providing financing assistance to Arizona Baptist Retirement Centers. Upon vote, the motion carried unanimously. 13C Veterans Memorial Wall, List of Battles Clerk’s Note: This item was heard at the end of the Consent Agenda. At the request of Vice Mayor Hunt, Kirk Haines, Parks Manager, reported on the Veterans Memorial Wall. The wall recognizes the five branches of the military and provides a reflection of wars and battles that have occurred in the history of the United States. Mr. Haines noted there is an opportunity for groups and organizations to participate in sponsoring the battles and events. The Veterans Memorial Board reviews applications submitted for sponsorship. Mr. Haines invited the public to attend a ribbon cutting ceremony at the Veterans Memorial to be held on Saturday, November 11, 2007, beginning at 9:30 a.m. Motion was made by Vice Mayor Hunt, seconded by Councilmember Evans, to approve the updated list of battles fought in various wars throughout the history of the United States as part of the Veterans Memorial Wall. Upon vote, the motion carried unanimously. 14C Deeds and Easements, Various Locations RESOLUTION NO. 07-153 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. 07-153 accepting deeds and easements for various real property interests acquired by the City and previously recorded by the Maricopa County Recorder’s Office. 15C Designate Roadways, Establish Rights-of-Way, Various Locations RESOLUTION NO. 07-154 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. 07-154 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. 16C Condominium Plat, Arrowhead Ranch Business Park Phase II, 78th Avenue and Deer Valley Road Approved the Condominium Plat of Arrowhead Ranch Business Park Phase II, located near the southeast corner of 78th Avenue and Deer Valley Road, subject to stipulations. (Project R070043) 17C Final Plat, Blackstone at Vistancia, Parcel A-3A, Blackstone Drive and Via Caballo Blanca Approved the Final Plat of Blackstone at Vistancia, Parcel A-3A, located at the northwest corner of Blackstone Drive and Via Caballo Blanca, subject to stipulations. (Project R070082) 18C Final Plat, Trilogy at Vistancia, Parcel C3, Dixileta Parkway and Trilogy Boulevard Approved the Final Plat of Trilogy at Vistancia, Parcel C3, located north of Dixileta Parkway and west of Trilogy Boulevard, subject to stipulations. (Project R070007) 19C Final Plat, Vistancia Village A, Parcel G7, Lone Mountain Road and Westland Road Approved the Final Plat of Vistancia Village A, Parcel G7, located north of Lone Mountain Road on the northwest side of Westland Road, subject to stipulations. (Project R070067) 20C Re-Plat, Thunderbird Landings, Lots 2A and 2B, 75th Avenue and Thunderbird Road Approved the Re-Plat of Thunderbird Landings, Lots 2A and 2B, located at the southwest corner of 75th Avenue and Thunderbird Road, subject to stipulations. (Project R070084) 21C Authorization to Hold an Executive Session Pursuant to A.R.S. § 38-431.03.A.7: Authorized the holding of an Executive Session for the purpose of: a) Discussion and consultation with legal counsel for legal advice regarding Challenger Center, Inc., Peoria Unified School District and City of Peoria; and b) Discussion with representatives of the public body regarding the lease of real property at 77th Avenue and Paradise Lane. Note: Executive Session was held after the adjournment of the 7:00 p.m. Regular City Council Meeting. REGULAR AGENDA NEW BUSINESS 22R 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 Restaurant Liquor License (Series 12) for Grimaldi’s Pizzeria, located at 9788 W. Northern Avenue #1440. Applicant: Eric J. Greenwald. LL#10010366; b) A new Restaurant Liquor License (Series 12) for Picazzo’s Gourmet Pizza & Salads, located at 15703 N. 83rd Avenue #300. Applicant: Jesus Altamirano. LL#10010312; c) A new Restaurant Liquor License (Series 12) for BE Sushi & Martini, located at 15703 N. 83rd Avenue #100. Applicant: Jesus Altamirano. LL#10010311; d) A new Restaurant Liquor License (Series 12) for Kalahari Grill, located at 28615 N. El Mirage Road #102. Applicant: James T. DeGraw. LL#10010367; e) A new Restaurant Liquor License (Series 12) for Ah-So Sushi & Steak, located at 16610 N. 75th Avenue #104. Applicant: James N. Lee. LL#10010223; and f) A location transfer for an Off-sale All Liquor License (Series 09) for Circle K Store #6672, located at 23336 N. Lake Pleasant Parkway. Applicant: Kim Kwiatkowski. LL#10004478. Staff Report/Public Comment: Mary Jo Kief, City Clerk, reported that the 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. Council Action: Motion was made by Councilmember Aames, seconded by Councilmember Carlat, to recommend approval to the State Liquor Board for: a) A new Restaurant Liquor License (Series 12) for Grimaldi’s Pizzeria, located at 9788 W. Northern Avenue #1440. Applicant: Eric J. Greenwald. LL#10010366; b) A new Restaurant Liquor License (Series 12) for Picazzo’s Gourmet Pizza & Salads, located at 15703 N. 83rd Avenue #300. Applicant: Jesus Altamirano. LL#10010312; c) A new Restaurant Liquor License (Series 12) for BE Sushi & Martini, located at 15703 N. 83rd Avenue #100. Applicant: Jesus Altamirano. LL#10010311; d) A new Restaurant Liquor License (Series 12) for Kalahari Grill, located at 28615 N. El Mirage Road #102. Applicant: James T. DeGraw. LL#10010367; e) A new Restaurant Liquor License (Series 12) for Ah-So Sushi & Steak, located at 16610 N. 75th Avenue #104. Applicant: James N. Lee. LL#10010223; and f) A location transfer for an Off-sale All Liquor License (Series 09) for Circle K Store #6672, located at 23336 N. Lake Pleasant Parkway. Applicant: Kim Kwiatkowski. LL#10004478. Upon vote, the motion carried unanimously. 23R PUBLIC HEARING – Adjustment of General Government and Utility Impact Fees PUBLIC HEARING: Mayor Barrett opened the public hearing and asked if any Councilmember or citizen wished to comment on adjusting General Government and Utility Impact Fees and establishing December 18, 2007 as the date for adoption of the proposed fees and the Infrastructure Improvement Plans. Staff Report/Public Comment: Jeff Tyne, Budget Director, introduced Katie Gregory, Development Agreement Coordinator, to provide an update on new Development Impact Fees. Impact fees are collected to offset the capital costs of new development. The fees are used to fund one- time costs associated with infrastructure requirements and are assessed when building permits are issued. Ms. Gregory outlined adoption procedures for the new fees. State law requires a public hearing to be held 30 days prior to the adoption of the updated fees. The public hearing signifies the end of the 60-day review period and the beginning of the formal adoption process. Ms. Gregory reported on legislation approved in 2006 affecting the implementation for assessing fees. The most significant change is the requirement to adopt an Infrastructure Improvement Plan prior to or concurrently with the adoption of new impact fees. The plan provides information on the projects and the project costs used in the fee calculations. In addition, the new legislation provides for the ability to increase fees on an annual basis using a nationally recognized index. Ms. Gregory gave a presentation on phasing in the Transportation Impact Fee levels over a five-year period for the south and central transportation zones; and Police, Fire and General Government Fee differentials. Ms. Gregory noted there would also be an adjustment to the Library and Park fees. In response to questions from Council, Ms. Gregory explained that there was a considerable increase in Transportation Impact Fees for many categories in 2005 and 2007 due to high cost escalations during the last three years pertaining to impact fees. The City will forego approximately $6.3 million over the next two years by maintaining the phase-in policy and adopting fees at 65 percent of the maximum supportable fee. Alisa Lyons, representing the commercial industry through Valley Partnership, addressed Council to express concern regarding adoption of the Transportation Impact Fee at the 65 percent phase-in. Ms. Lyons commented that the proposed fees would be the highest per square foot costs for impact fees for the commercial development industry and would invite investment into other communities around the Valley. Ms. Lyons complimented the Budget Staff for their work and thanked them for including the stakeholders in the process. Emily Ryan, representing the Arizona Multi-Housing Association through Capital Consulting, expressed the industry’s support in the changes made regarding the multi- family differential. Ms. Ryan stated that recognizing a number of persons per household ratio results in a fair implementation of the fees and that fewer people per household place a lesser burden on City infrastructure. Ms. Lyons also thanked the Budget Staff and the City for its open-door policy during this process. Rus Brock, Homebuilders Association of Central Arizona, introduced Myra Irizarry who will be working with the City in the future. Mr. Brock commended the City, its Staff, and the open process regarding impact fee studies. Mr. Brock recommended the City consider collecting the data for police and fire calls before the next fee update. Mr. Brock requested that the method of setting impact fees for police and fire in the future be based on call data rather than land use for non-residential and residential projects. Having no requests from the public to address this item, Mayor Barrett declared the public hearing closed. Council Action: No Council action required. 24R Loop 303 Specific Area Plan Amendment, Happy Valley Road and Vistancia Boulevard RESOLUTION NO. 07-155 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA AMENDING THE LAND USE PLAN OF THE GENERAL PLAN AND THE LOOP 303 SPECIFIC AREA PLAN; AND PROVIDING FOR SEPARABILITY AND AN EFFECTIVE DATE. Glen Van Nimwegen, Community Development Director, reported on a request to amend the Loop 303 Specific Area Plan Land Use Map. Mr. Van Nimwegen explained the amendment would alter the land use for a site generally located at the southwest corner of Happy Valley Road and Vistancia Boulevard comprised of approximately 39.98 gross acres from Low Density Residential, Medium Density Residential, and Business Park Industrial (BPI) to Mixed Use – Neighborhood Commercial and Park/Open Space. Mr. Van Nimwegen presented the land use map and advised that the applicant, Cavan Commercial, is requesting to amend the land use to Neighborhood Commercial/Mixed Use to allow for a development they are proceeding with through Maricopa County. The project site is located within an area slated for annexation by the City in the future. In response to questions from Councilmember Aames pertaining to citizen comments, Mr. Van Nimwegen advised that staff had not received any public comment. Councilmember Carlat commended the developer for offering to adhere to City design standards and guidelines. Stephen Anderson, representing the applicant, addressed Council regarding the context of the site located in unincorporated Maricopa County and currently not contiguous to the City. Peter Tekamp, a commercial real estate broker, commented on the lack of multi-family development and provided information on changes to the area if a multi-residential unit was built on the site. Motion was made by Councilmember Carlat, seconded by Vice Mayor Hunt, to concur with the Planning and Zoning Commission’s recommendation and adopt RES. 07-155 to amend the Loop 303 Specific Area Plan Land Use Map for a site generally located at the southwest corner of Happy Valley Road and Vistancia Boulevard comprised of approximately 39.98 gross acres from Low Density Residential, Medium Density Residential, and Business Park Industrial (BPI) to Mixed Use – Neighborhood Commercial and Park/Open Space (GPA 07-08). Upon vote, the motion carried unanimously. 25R Budget Transfer, 83rd Avenue Realignment, Railroad Crossings and Grand Avenue Intersection Project Dave Moody, Engineering Director, presented background on a request for a budget transfer for the construction of the Burlington Northern Santa Fe Railroad (BNSF) improvements associated with Phase II of the Cotton Crossing roadway improvements being constructed by the Wal-Mart Retail Center. In coordination with Wal-Mart and the terms contained in their development agreement with the City, Wal-Mart has agreed to pay for all of the required improvement costs needed for the City to meet the terms of a Grade Crossing Signal Installation Agreement with BNSF. Motion was made by Councilmember Aames, seconded by Councilmember Evans to approve a budget transfer in the amount of $1,870,925 from the General Fund Contingency Account to the following accounts to provide appropriation for Wal-Mart’s contribution to the Burlington Northern Santa Fe (BNSF) Railroad portion of the 83rd Avenue Realignment, Railroad Crossings and Grand Avenue Intersection Project. a) Outside Sources Street System Account in the amount of $1,766,863; b) Outside Sources Land Account in the amount of $88,000; and c) Outside Sources CIP Engineering Account in the amount of $16,062. Upon vote, the motion carried unanimously. 26R Authorize Expenditure, Diamond Ridge Development Corporation, Right-of- Way Improvements, 85th Avenue to 89th Avenue and Cactus Road Kirk Haines, Parks Manager, reported on a request for the expenditure of funds to Diamond Ridge Development Corporation for construction painting and stucco services to the right-of-way pilot project area along the north side of Cactus Road between 85th Avenue and 89th Avenue. Councilmember Aames expressed his support for beautification in the southern part of the City. Councilmember Aames noted that this request is a pilot project for enhancements to part of a larger improvement area. Vice Mayor Hunt added her appreciation to Community Services Staff for the improvements to the aesthetics along the rights-of-way. Councilmember Leone commented on the right-of-way improvements and thanked Staff for their efforts. Motion was made by Vice Mayor Hunt, seconded by Councilmember Aames, to authorize an expenditure in the amount of $51,354 to Diamond Ridge Development Corporation utilizing existing State Contract No. EPS060026-5-A1 for construction painting and stucco services between 85th Avenue and 89th Avenue on the north side of Cactus Road. Upon vote, the motion carried unanimously. CALL TO PUBLIC: (NON-AGENDA ITEMS) Karen McQuistion asked if the City plans to save or remove the palm trees at the Women’s Club. Dolores Ceballos expressed her concern regarding the cost of moving the Women’s Club and restoring the building. Ms. Ceballos stated the money could be spent for public transportation or in other ways to improve downtown. Ms. Ceballos also questioned if the building could withstand the move since it is made of wood. In addition, Ms. Ceballos requested the date the Women’s Club was closed. Betty Jo Cochran stated that the architect’s plan for Wal-Mart was rejected the first time it was presented because it did not reflect the vision of downtown. Ms. Cochran questioned why the same thought process was not applied to the plans for the Performing Arts Center. Reports from the City Manager: Terry Ellis, City Manager, requested a status report on Peoria’s role during the 2008 Super Bowl activities. Doug Hildebrandt, Police Lieutenant, provided an update pertaining to public safety including committee participation, personnel staffing, financial considerations and Peoria- specific venues. In response to questions from Council, Lt. Hildebrandt reported that there is no reimbursement from the Super Bowl; and at the present time, there is no plan to close any arterial streets within the City. Larry Rooney, Deputy Fire Chief, highlighted Fire Department staffing and support during the Super Bowl events. J. P. de la Montaigne, Community Services Director, informed Council that the Sports Complex and facilities at Rio Vista Park have been made available to the Super Bowl Committee. Mr. de la Montaigne reported that the Super Bowl mascot would be in attendance during events being held at the Sports Complex on Thanksgiving to promote the Super Bowl. In response to a question from Councilmember Pearson, Mr. Ellis characterized the Super Bowl as a financial benefit to the City. Vice Mayor Hunt inquired if the City prohibits citizens from renting their homes during the Super Bowl. In response, City Attorney Steve Kemp informed Council that residents could rent their homes. Mr. Kemp noted that all rental property is subject to sales tax. Reports from City Council: Councilmember Leone reported on his attendance at several events on Halloween, a dedication for the new South Peoria Baptist Church building, a stage production at Centennial High School by the Church of Jesus Christ of Latter-Day Saints, and the dedication of a home built by Habitat for Humanity. Councilmember Leone also commented on his attendance at a dinner in recognition of the Girls State program sponsored by the American Legion. Councilmember Carlat commented on the closing ceremonies for the traveling Vietnam Memorial Wall and thanked the residents of the Freedom Plaza community for hosting the event. Councilmember Aames reported on his attendance at a Board Meeting in October for Light Rail and a Commuter Rail Stakeholder Symposium. Councilmember Aames also commented on his attendance at numerous events including: public safety night at Rio Vista Park sponsored by GAIN; the Best of the West Awards Gala sponsored by WESTMARC (Western Maricopa Coalition); a recycling block party held at Oasis Elementary School; the opening ceremonies for the traveling Vietnam Memorial Wall; and the “Savior of the World” Sacred Musical presented at Centennial High School by the Church of Jesus Christ of Latter-Day Saints. Councilmember Aames also noted that he and Councilmember Leone were judges for a costume contest at the City’s Halloween Monster Bash held at the Peoria Sports Complex. Councilmember Evans commented on the Employee Recognition Awards presented earlier in the day to employees in recognition of their longevity with the City. Councilmember Evans thanked the City Manager and other staff who received awards for their service to the City. Vice Mayor Hunt reminded the public that the grand opening of the new Super Wal-Mart would be held on Wednesday, November 7, beginning at 7:30 a.m. Vice Mayor Hunt reported that Wal-Mart had awarded $20,000 to various non-profit organizations in the Acacia District during a soft pre-opening on November 5, 2007. Reports from the Mayor: None. ADJOURNMENT: Being no further business to come before the Council, the meeting was duly adjourned at 9:11 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 6th day of November, 2007. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 15th day of January, 2008. (Seal) ______________________________________ Mary Jo Kief, City Clerk Regular City Council Meeting Minutes November 6, 2007 Page 15 of 15