MINUTES OF THE PEORIA CITY COUNCIL CITY OF PEORIA, ARIZONA COUNCIL CHAMBER April 1, 2008 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 7:02 p.m. Following a moment of silence, Vice Mayor Carlat led the Pledge of Allegiance. Members Present: Mayor Bob Barrett; Vice Mayor Cathy Carlat; Councilmembers Ron Aames, Joan Evans, Vicki Hunt, 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; Stephen Bontrager, J.P. de la Montaigne, Grady Miller, Dave Moody, Larry Ratcliff, Jeff Tyne, Glen Van Nimwegen and Rhonda Simmons. Audience: Approximately 50 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. Recognition of the Peoria Diamond Club members. Mayor Barrett and Councilmember Leone recognized the Captains of the Peoria Diamond Club who have been a member for 15 years. Councilmember Leone provided plaques to the following members of the Peoria Diamond Club: Captain Al Allee Captain George Donaldson Captain Ben Benson Captain Sue Benson Captain Sis Harris Captain Leonard Litzky (not present) Captain Bill Sandvig 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. Motion was made by Vice Mayor Carlat, seconded by Councilmember Leone, to approve the Consent Agenda. Upon vote, the motion carried unanimously. CONSENT – New Business: 1C Charter Amendment, Article VI, Section 8 Pertaining to Expenditures RESOLUTION NO. 08-43 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA PROPOSING AN AMENDMENT TO THE CITY OF PEORIA, ARIZONA, CITY CHARTER, AMENDING ARTICLE VI, SECTION 8 PERTAINING TO FINANCE AND TAXATION ; EXPENDITURES. Adopted RES. 08-43 placing a proposed charter amendment on the ballot to amend Article VI, Section 8 pertaining to expenditures. 2C Charter Amendment, Article II, Section 14 Pertaining to Meetings of Council RESOLUTION NO. 08-44 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA PROPOSING AN AMENDMENT TO THE CITY OF PEORIA, ARIZONA, CITY CHARTER, AMENDING ARTICLE II, SECTION 14 PERTAINING TO MEETINGS OF COUNCIL, BOARDS, COMMISSIONS AND COMMITTEES. Adopted RES. 08-44 placing a proposed charter amendment on the ballot that would amend Article II, Section 14 of the Peoria City Charter pertaining to Meetings of Council, boards, commissions and committees. 3C Appointment, Boards and Commissions RESOLUTION 08-45 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA, APPOINTING JAMES ABRAHAM TO THE LIBRARY BOARD AND ESTABLISHING THE TERM OF OFFICE. RESOLUTION 08-46 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA, ACCEPTING THE RESIGNATION OF CHERYL COMPTON AND APPOINTING MARK HUGHES TO THE PERSONNEL BOARD AND ESTABLISHING THE TERM OF OFFICE. RESOLUTION 08-47 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA, ACCEPTING THE RESIGNATION OF WILLIAM SCHINDLER AND APPOINTING VERNON JACOBS TO THE PERSONNEL BOARD AND ESTABLISHING THE TERM OF OFFICE. Approved the recommendations from the Council Subcommittee on Boards and Commissions Appointments and adopted RES. 08-45 appointing James Abraham, as a regular member, to the Library Board for a partial term to expire June 2011; adopted RES 08-46 appointing Mark Hughes, as a regular member, to the Personnel Board for a partial term to expire June 2009; adopted RES 08-47 appointing Vernon Jacobs, as a regular member, to the Personnel Board for a partial term to expire June 2008. 4C Grant, Parks Heritage Fund, Community Park, 83rd Avenue and Olive Avenue RESOLUTION NO. 08-48 RESOLUTION OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA, APPROVING THE APPLICATION FOR LOCAL, REGIONAL AND STATE PARKS HERITAGE FUNDS FOR THE CONSTRUCTION OF COMMUNITY PARK #2, PHASE I. Adopted RES. 08-48 authorizing an application to the Arizona State Parks Board for a Local, Regional, and State Parks Heritage Fund Grant for construction of Community Park #2, Phase I, located near the southeast corner of 83rd Avenue and Olive Avenue. (LCON02508) 5C Grant, Trails Heritage Fund, New River Trail, Grand Avenue RESOLUTION NO. 08-49 RESOLUTION OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA, APPROVING THE APPLICATION FOR TRAIL HERITAGE FUNDS FOR CONSTRUCTION AND SIGNS AT THE NEW RIVER TRAIL UNDERPASS LOCATED AT GRAND AVENUE. Adopted RES. 08-49 authorizing an application for a Trails Heritage Fund Grant to the Arizona State Parks Board for construction of an underpass for the New River Trail at Grand Avenue. (LCON02608) 6C Intergovernmental Agreement, Maricopa County Flood Control District, Thunderbird Road Bridge Authorized the City Manager to execute an Intergovernmental Agreement with the Flood Control District of Maricopa County for sharing costs for the Thunderbird Road Bridge Project over New River for the work specifically designed to increase the amount of water flow beneath the bridge during times of flooding. (LCON02708) 7C Intergovernmental Agreement, State of Arizona Department of Transportation, Traffic Management Center, 85th Avenue and Cinnabar Avenue Approved an Intergovernmental Agreement with the State of Arizona Department of Transportation in the amount of $1,414,500 for the purchase and installation of equipment for the Traffic Management Center. (LCON02808) 8C Intergovernmental Agreement Amendment, Peoria Unified School District #11, Traffic Signal Interconnect Project, Fiber Communications Installation a) Approved an amendment to the existing Intergovernmental Agreement with Peoria Unified School District #11 for completion of the fiber network; and b) Approved a budget transfer in the amount of $69,611, from the General Fund Contingency Account to the Traffic Signal Interconnect Project General Fund Capital Projects Street System Account. (LCON00807A) 9C Contract Amendment, Carter Burgess, Road Project Design, 67th Avenue between Olive Avenue and Thunderbird Road Approved Contract Amendment No. 1 with Carter Burgess in the amount of $186,587.50 for additional design services and post design services for the 67th Avenue; Olive Avenue to Thunderbird Road Project Design Contract. (LCON11806A) 10C Wastewater System Master Plan Adopted the 2007 Wastewater System Master Plan prepared by Carollo Engineers. 11C Utility Costs, Peoria Sports Complex a) Authorized the use of General Fund Reserves in the amount of $144,500 for utility overages for the Sports Complex Division; b) Approved a budget transfer in the amount of $76,000 from the General Fund Contingency Account to the Sports Complex Electricity Account; and c) Approved a budget transfer in the amount of $68,500 from the General Fund Contingency Account to the Sports Complex Water Account. 12C Budget Adjustment, Building Safety Division, Increased Fuel Costs a) Approved the use of General Fund Reserves in the amount of $26,000; and b) Approved a budget adjustment of $26,000 from the General Fund Contingency Account to the Building Safety Fleet Services Account in the amount of $14,500 and the Building Safety Unleaded Gasoline Account in the amount of $11,500 due to increased fuel costs and vehicle repairs. 13C Deeds and Easements, Various Locations RESOLUTION NO. 08-50 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. 08-50 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. 08-51 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. 08-51 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. 15C Final Plat, Riverwalk, 77th Avenue and Pinnacle Peak Road Re-approved the Final Plat for Riverwalk, located at 77th Avenue and Pinnacle Peak Road, subject to stipulations. (Project R050185) 16C Authorization to Hold an Executive Session Pursuant to A.R.S. § 38-431.03.A.2, authorized the holding of an Executive Session for the purpose of discussion or consideration of records that are exempt from public inspection pertaining to the security of city facilities. Note: Executive Session was held after the adjournment of the 7:00 p.m. Regular City Council Meeting. REGULAR AGENDA UNFINISHED BUSINESS 17R PUBLIC HEARING - General Plan Amendment, 83rd Avenue and Olive Avenue (Item 20R, March 4, 2008; Item 14R, March 18, 2008) PUBLIC HEARING: Mayor Barrett opened the Public Hearing for Agenda Items 17R and 18R, and asked if any Councilmember or citizen wished to comment on Agenda Item 17R. Mayor Barrett asked the City Attorney to clarify if it was acceptable to hold both public hearings at the same time. Steve Kemp, City Attorney, advised that it was acceptable. Staff Report: Glen Van Nimwegen, Director of Community Development, informed the Council that Agenda Items 17R and 18R are closely related and are being presented together. Agenda Item 17R is a request for a minor amendment to change the Central Peoria Revitalization Plan Land Use Map from Neighborhood Commercial Mixed Use to High Density Residential use for approximately 17.2 gross acres generally located north and west of the northwest corner of 83rd Avenue and Olive Avenue. The High Density Residential will allow for 15 units per acre with a target density of 18 units per acre. Agenda Item 18R is to approve the same 17.2 acres for rezoning to Planned Area Development in order to do a multi-family development of approximately 362 units. Mr. Van Nimwegen informed the Council that this issue was brought before the Planning and Zoning Commission with a recommendation to deny both requests. On February 7th, the Planning and Zoning Commission recommended approval of the General Plan Amendment request by a vote of 5 to 1, with a couple of continuances while the applicant attempted to work out some issues with an adjacent neighborhood regarding the multi- family project. The Planning and Zoning Commission again recommended approval of the request on March 6th by a vote of 4 to 1. Mr. Van Nimwegen informed the Council that the intent of the Central Peoria Revitalization Plan is to integrate medium and high density uses with potential office and retail uses. Staff’s concern is with respect to the commercial viability since there is a lot of commercial zoning at this site; however, staff believes with the addition of multi-family housing, there would be a market for at least five acres, as the General plan recommends. Mr. Van Nimwegen stated that if this plan is approved, the guidelines would state that up to 60 percent of the site can be multi-family and 40 percent for retail. Mr. Van Nimwegen indicated the Developer worked very hard to meet the concerns of the adjacent neighborhood and agreed to meet the City’s new design review standards for multi-family housing. The Developer made a number of changes for the Planning and Zoning Commission and continued to work with the neighborhood to meet additional concerns. Mr. Van Nimwegen stated that with these changes, there is agreement from the neighborhood. However, staff feels it is important to provide an access way for neighborhood children to walk to school. Council was informed that a condition in the approval was that the Developer provides a gated access to prevent children from walking out onto either 83rd Avenue or Olive Avenue when walking to school. Michael Curley, on behalf of the developer, addressed the Council stating he does not believe there is any opposition to the case and that it has received strong support from the community. Mr. Curley thanked the respective community representatives for their input and assistance in coming up with a win-win situation. Mr. Curley further advised Council that the developer is requesting approval of the rezoning but with stipulation #15 removed. Don Habecker addressed the Council stating he believes multi-family homes usually cause problems, but he also believes that Mr. Curley has a good plan and it should be approved. Dan Scarfo addressed the Council stating he appreciates the efforts of the developer to find a balance. Mary Ann Echeverri addressed the Council stating she supports the changes currently before the Council. Ms. Echeverri also stated she would like to see a direct access to the school. George Rutledge addressed the Council stating he supports the project, though he was initially concerned. Mr. Rutledge stated the developer worked very hard and showed concern for the neighborhood. Mr. Rutledge also stated he has concern with school children walking down Olive Avenue. Close Public Hearing: There being no further comments from the public related to Agenda Items 17R and 18R, Mayor Barrett closed the Public Hearing. Council Action: RESOLUTION NO. 08-42A 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 CENTRAL PEORIA REVITALIZATION PLAN; AND PROVIDING FOR SEPARABILITY AND AN EFFECTIVE DATE. Motion was made by Councilmember Hunt, seconded by Councilmember Aames, to concur with the Planning and Zoning Commission’s recommendation and adopt RES. 08-42A approving a minor amendment to the General Plan through the Central Peoria Revitalization Plan Land Use Map for approximately 17.2 gross acres generally located north and west of the northwest corner of 83rd Avenue and Olive Avenue from Neighborhood Commercial Mixed Use to High Density Residential. Upon vote, the motion carried by a vote of six to one. Councilmember Leone voted “no”. 18R PUBLIC HEARING - Rezoning, 83rd Avenue and Olive Avenue (Item 21R, March 4, 2008; Item 15R, March 18, 2008) Discussion on Agenda Item 18R was held during the Public Hearing for Agenda Item 17R. Council Action: ORDINANCE NO. 08-07A AN ORDINANCE OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA REZONING PROPERTY FROM OFFICE COMMERCIAL (O-1) AND INTERMEDIATE COMMERCIAL (C-2) ZONING DISTRICTS TO PLANNED AREA DEVELOPMENT (PAD) ZONING DISTRICT; AMENDING THE ZONING MAP AND PROVIDING FOR AN EFFECTIVE DATE. Motion was made by Councilmember Hunt, seconded by Councilmember Aames, to concur with the Planning and Zoning Commission’s recommendation and adopt ORD. 08-07A approving the rezoning of approximately 17.2 gross acres, generally located north and west of the northwest corner of 83rd Avenue and Olive Avenue, from Office Commercial (O-1) and Intermediate Commercial (C-2) to Planned Area Development, with the exception of Stipulation 15 regarding access. Upon vote, the motion carried six to one. Councilmember Leone voted “no”. NEW BUSINESS 19R Grant, State Historic Preservation, 83rd Avenue and Washington Street RESOLUTION NO. 08-52 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA, APPROVING THE SUBMISSION OF A GRANT PROPOSAL TO THE STATE HISTORIC PRESERVATION OFFICE FOR CONTRACT SERVICES TO CREATE A DESIGN CONCEPT REPORT FOR THE HOOD BUILDING AND ALLOCATING $10,000 FROM THE GENERAL FUND CONTINGENCY ACCOUNT AS A CITY- MATCH TO THIS GRANT THAT MAY BE DISBURSED BY THE COMMUNITY DEVELOPMENT DEPARTMENT. Melissa Zechiel, Community Development Planning Technician, requested the Council approve the submission of a Certified Local Government Grant. Ms. Zechiel stated the City of Peoria is eligible for a $10,000 maximum grant and if approved, the City of Peoria would be required to match the grant amount. Ms. Zechiel stated this request has been approved by the Historic Preservation Commission. Ms. Zechiel informed the Council that the Hood Building that is located at the southwest corner of 83rd Avenue and Washington Street since 1920 is not eligible to be listed as a historic building in its current condition. Ms. Zechiel stated this grant, if approved, will allow for a Design Concept Report which will provide information on how to improve the Hood Building and make it eligible for listing as a historic building. A motion was made by Councilmember Hunt, seconded by Vice Mayor Carlat to: a) Adopt RES. 08-52 to approve the submission of a grant proposal to the Arizona State Parks Department State Historic Preservation Office for contract services to create a Design Concept Report for the Hood Building, located at 8301 W. Washington Street, Peoria, AZ 85345; and b) Approve a City Grant-Match of $10,000 through the General Fund Contingency Account for contract services for the creation of the Design Concept Report. (LCON02908) Upon vote, the motion carried unanimously. 20R Charter Amendment, Article II, Section 13 and Section 13.1, Vacancies in the Office of Mayor and Council RESOLUTION NO. 08-53 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA PROPOSING AN AMENDMENT TO THE CITY OF PEORIA ARIZONA, CITY CHARTER, AMENDING ARTICLE II, SECTION 13 PERTAINING TO VACANCIES IN THE OFFICE OF MAYOR AND ADDING SECTION 13.1 PERTAINING TO VACANCIES IN THE OFFICE OF COUNCIL. Steve Kemp, City Attorney, informed Council that this agenda item arises out of a prior Council Study Session regarding a Charter Amendment. The proposed Charter Amendment would change the provisions in the Peoria City Charter that pertains to vacancies in the Office of the Mayor. Currently, under the Charter, if the office of the Mayor becomes vacant, the Vice Mayor automatically succeeds for the remainder of the term. Based on the Council’s discussions at the Study Session, the proposal would state that in the event of a vacancy in the office of the Mayor, if the vacancy will be for more than 375 days, the Council would fill the position by special election. If the vacancy will be for less than 375 days, the Council would fill the position of Mayor by appointment. Motion was made by Councilmember Aames, seconded by Councilmember Pearson, to adopt RES. 08-53 placing a proposed Charter Amendment on the ballot that would amend the process for filling vacancies in the Office of the Mayor and Council. Upon vote, the motion failed by a vote of 3 to 4. Mayor Barrett, Vice Mayor Carlat, Councilmember Evans and Councilmember Hunt voted “no”. 21R Notice and Call of 2008 Election Mary Jo Kief, City Clerk, stated that the action before them was to direct the City Clerk to issue a Notice and Call for the 2008 election. The Notice and Call will include holding a City-wide Primary Election on September 2, 2008 and if necessary, a General Election on November 4, 2008. If approved, Ms. Kief stated the following items will be included in the Notice and Call of 2008 Election: ~ Valid registered voters living within three Council Districts (Ironwood, Mesquite, and Willow) will be able to vote for a candidate to represent their District on the City Council. ~ Valid registered voters within the City of Peoria will be able to vote on a Franchise Agreement with Peoria Water User Association directed to the voters by City Council on June 5, 2007. ~ Valid registered voters within the City of Peoria will be able to vote on the Charter Amendment, Article VI, Section 8 pertaining to expenditures directed to the voters by City Council on this date. ~ Valid registered voters within the City of Peoria will be able to vote on the Charter Amendment, Article II, Section 14 pertaining to Meetings of Council directed to the voters by City Council on this date. Motion was made by Councilmember Hunt, seconded by Vice Mayor Carlat, to direct the City Clerk to publish a Call and Notice of Election that the City of Peoria, Arizona will hold a City-wide Primary Election on September 2, 2008 and if necessary, a General Election on November 4, 2008. Upon vote, the motion carried unanimously. CLERK’S NOTE: Councilmember Aames initially voted “no”, but clarified that he intended to vote “yes”. 22R Acquisition, Sale and Easements, Challenger Center, Inc., Peoria Unified School District Clerk’s Note: Agenda Item 22R was heard following Agenda Item 19R. Steve Kemp, City Attorney, informed the Council that the Challenger Center currently sits on land that is owned by the Peoria Unified School District; the school and Challenger Center, Inc. have been in negotiations regarding a number of concerns. Mr. Kemp informed Council that Challenger Center, Inc. and the Peoria Unified School District have reached an agreement that would require the Peoria Unified School District to convey the property on which the Challenger Center sits to the City of Peoria; the City of Peoria would then, for the same purchase price, convey the property to Challenger Learning Center, Inc., which is a not-for-profit Arizona Corporation. In this transaction, there would be a series of easement agreements, providing for the easement of the parking lot in favor of the Challenger Center from the Peoria Unified School District going through the City of Peoria. Finally, there would be a closing of this transaction with the goal being to create a situation where there is a single owner of both the building and the property on which the building is located. The Peoria Unified Governing Board has approved this transaction. There is no direct cost to the City of Peoria. Mr. Kemp further informed the Council that this would be a simultaneous closing and there is no risk to the City of Peoria. A motion was made by Vice Mayor Carlat, seconded by Councilmember Evans, to: a) Approve the acquisition of the Challenger Center Property from the Peoria Unified School District; b) Approve the sale of the Challenger Center Property by the City of Peoria to the Challenger Center, Inc.; c) Approve Easements and Assignments thereof from the Peoria Unified School District to the City of Peoria and assigned to the Challenger Center, Inc.; and d) Authorize the City Manager and/or City Attorney to execute such documents as appropriate to complete the transaction. (LCON03008) Upon vote, the motion carried unanimously. CALL TO THE PUBLIC: (NON-AGENDA ITEMS) Joe McCord addressed the Council stating that there are at least two dozen trucks driving through the heart of the retirement community, east and west on Beardsley Avenue at night, making it impossible to sleep. Mr. McCord stated this has been going on for years and it is getting worse and something needs to be done. Dolores Ceballos addressed the Council and asked about the Naturally Connected logo. Ms. Ceballos stated her belief that the logo may be true with respect to Northwest Peoria, but not for all of Peoria. Ms. Ceballos also requested the Council reconsider moving the Women’s Club. Reports from the City Manager: 1. Summary Report - 2008 Peoria Spring Training J.P. de la Montaigne, Director of Community Services, presented a summary report of the 2008 Peoria Spring Training stating that there has been a 4.6 percent increase in the number of attending fans. Mr. de la Montaigne informed the Council that Autograph Alley and the Red Hook Party Deck were additions to the Peoria Sports Complex in 2008. The ticket revenue increased by 9.2 percent from 2007; the concession revenue increased by 9.7 percent; the novelties revenue increased by 9.8 percent, the advertising revenue increased by 8.7 percent and the program revenue increased by 5.2 percent for a total revenue increase of 10.02 percent from 2007. Mr. de la Montaigne informed Council that though 2008 Spring Training is over, the Peoria Sports Complex remains busy for other events. Reports from City Council: Councilmember Leone reported on the various City of Peoria activities he attended. Councilmember Hunt reported she attended various activities held in the City of Peoria and the Caesar Chavez Breakfast. Councilmember Evans reported that the Peoria Sports Complex grounds looked great for Spring Training and encouraged people to get outdoors. Vice Mayor Carlat indicated that during a time of transition it is important to honor long term commitments and congratulated Mayor Barrett and his wife on 33 years of marriage. Reports from the Mayor: None. ADJOURNMENT: Being no further business to come before the Council, the meeting was duly adjourned at 8:28 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 1st day of April, 2008. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 6th day of May, 2008. (Seal) ______________________________________ Mary Jo Kief, City Clerk