CITY COUNCIL REGULAR MEETING
NOTICE & AGENDA
Tuesday, November 6, 2007
7:00 P.M.
CITY COUNCIL CHAMBER

MUNICIPAL OFFICE COMPLEX
8401 W. MONROE STREET
PEORIA, AZ 85345

CITY COUNCIL:

Mayor
Bob Barrett

Acacia District
Vicki Hunt, Vice Mayor

Ironwood District
Dave Pearson

Mesquite District

Cathy Carlat

Palo Verde District
Ron Aames

Pine District

Carlo Leone

Willow District

Joan Evans

 

City Manager
Terry Ellis

CONVENE:
PLEDGE:  
ROLL CALL:

FINAL CALL TO SUBMIT SPEAKER REQUEST FORMS:

PRESENTATION:

  1. Presentation by the Peoria Sister City Young Ambassadors regarding their exchange with the Borough of Ards.
     

CONSENT AGENDA 

CONSENT AGENDA: All items listed with “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.

CONSENT – New Business:

1C   Code Amendment, Chapter 9, Adoption of 2006 International Fire Code

Discussion and possible action to adopt 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

Discussion and possible action to concur with the Planning and Zoning Commission’s recommendation and adopt 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

Discussion and possible action to adopt 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

Discussion and possible action to:

a)    Accept 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)    Approve 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

Discussion and possible action to:

a)    Adopt 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)    Approve 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

Discussion and possible action to approve 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

Discussion and possible action to award 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). (LCON08607)

8C  Contract Amendment, Pierson Construction Corporation, Inc., Park West Improvement District

Discussion and possible action to approve 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

Discussion and possible action to:

a)    Approve 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)    Authorize 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

Discussion and possible action to approve 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

Discussion and possible action to:

a)    Authorize 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)    Approve 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

Discussion and possible action 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.

13C  Veterans Memorial Wall, List of Battles

Discussion and possible action to approve the list of battles fought in various wars throughout the history of the United States as part of the Veterans Memorial Wall.

14C  Deeds and Easements, Various Locations

Discussion and possible action to adopt 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

Discussion and possible action to adopt RES. 07-154 designating various real properties to be used as City roadways and authorize 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

Discussion and possible action to approve 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  

Discussion and possible action to approve 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

Discussion and possible action to approve 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

Discussion and possible action to approve 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

Discussion and possible action to approve 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: Discussion and possible action to authorize 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 will be 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:  RE:

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
Council Action:
       Discussion and possible action 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.

23R  PUBLIC HEARING – Adjustment of General Government and Utility Impact Fees

PUBLIC HEARING:  RE: Consideration on the adjustment of General Government and Utility Impact Fees and establish December 18, 2007 as the date for adoption of the proposed fees and the Infrastructure Improvement Plans.

Staff Report/Public Comment:
Council Action:
  Discussion and possible action to consider the adjustment of General Government and Utility Impact Fees and establish December 18, 2007 as the date for adoption of the proposed fees and the Infrastructure Improvement Plans.

24R  Loop 303 Specific Area Plan Amendment, Happy Valley Road and Vistancia Boulevard

Discussion and possible action 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)

25R  Budget Transfer, 83rd Avenue Realignment, Railroad Crossings and Grand Avenue Intersection Project

Discussion and possible action 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.

26R Authorize Expenditure, Diamond Ridge Development Corporation, Right-of-Way Improvements, 85th Avenue to 89th Avenue and Cactus Road

Discussion and possible action 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. 

CALL TO THE PUBLIC:  (NON-AGENDA ITEMS)

Reports from the City Manager: 

1.  2008 Super Bowl – Status Report Regarding Peoria’s Role

Reports from City Council:

Reports from the Mayor:

ADJOURNMENT

NOTE:  Documentation (if any) for items listed on the Agenda is available for public inspection, a minimum of 24 hours prior to the Council Meeting, at any time during regular business hours in the Office of the City Clerk, 8401 W. Monroe Street, Room 150, Peoria, AZ 85345.

Accommodations for Individuals with Disabilities. Alternative format materials, sign language interpretation, and assistive listening devices are available upon 72 hours advance notice through the Office of the City Clerk, 8401 West Monroe Street, Room 150, Peoria, Arizona 85345   (623)773-7340, TDD (623)773-7221, or FAX (623) 773-7304. To the extent possible, additional reasonable accommodations will be made available within the time constraints of the request.