Amendment #1 - May 1, 2008

CITY COUNCIL REGULAR MEETING
NOTICE & AGENDA
Tuesday, May 6, 2008
7:00 P.M.
CITY COUNCIL CHAMBER

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

CITY COUNCIL:

Mayor
Bob Barrett


Mesquite District
Cathy Carlat, Vice Mayor

Acacia District
Vicki Hunt

Ironwood District
Dave Pearson

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 Art Macias, Arizona Lottery Executive Director regarding Arizona Lottery investments in Peoria.
  2. Recognition of Arizona State Spelling Bee Winner, So-Young Chung.
  3. Presentation of Award to Mountain Ridge High School Interact Club.
  4. Presentation of donation from Southwest Ambulance for swimming lessons.
  5. Presentation of award from United Way Valley of the Sun.
     

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  MINUTES:

Special Study Session – March 4, 2008
Regular Meeting – March 4, 2008
Special Meeting – March 6, 2008
Study Session – March 18, 2008
Regular Meeting – March 18, 2008
Special Meeting – March 27, 2008
Special Meeting 5:00 p.m. – April 1, 2008
Regular Meeting 7:00 p.m. – April 1, 2008

2C  Appointment, Boards and Commissions

Discussion and possible action to approve the recommendation from the Council Subcommittee on Boards and Commissions Appointments and adopt RES. 08-54 appointing Steve Poe, as a regular member, to the Historic Preservation Commission for a partial term to expire December 2008.

3C  Code Amendment, Chapter 14, Non-Residential Districts, Agricultural Districts, Signs, General Landscape Requirements and Administrative Procedures

Discussion and possible action to adopt ORD. 08-10 amending Chapter 14 of the Peoria City Code (1977 Edition) to amend:

a)      Article 14-9, Non-Residential Districts, by reclassifying the land use categories for Mini-Storage Warehouses; RV, Boat and Trailer Storage; and Outdoor Storage; modifying special limitations pertaining to indoor mini-storage warehouses and/or screened RV, boat and trailer storage uses; and adding limited, ancillary retail sales as a permitted use based on total floor area;

b)        Article 14-19, Agricultural Districts, by adding public uses/structures as a permitted use;

c)         Article 14-34, Signs, by removing ambiguous language contained in the categories of Banner Signs/Promotional Display Signs and Prohibited Signs; integrating the Core Residential Mixed Use, SR‑35 and SR-43 zoning districts into existing permitted sign categories; and clarifying limitations on signs for non-residential uses within residential districts;

d)         Article 14-35, General Landscape Requirements, by reclassifying Building Frontage to Building Foundation Landscaping and redefining the required locations; and

e)         Article 14-39, Administrative Procedures, by incorporating a procedure for identifying and expiring inactive applications submitted for review to the Community Development Planning Division.

4C  General Plan Amendment, Land Use Element, Public/Quasi-Public Land Use Designation

Discussion and possible action to concur with the Planning and Zoning Commission’s recommendation and adopt RES. 08-55 approving an amendment to the General Plan Land Use Element by amending the land use description for the Public/Quasi-Public designation. (GPA 08-03)

5C  Grant, Governor’s Office of Highway Safety, Occupant Protection Enforcement Program

Discussion and possible action to:

a)        Adopt RES. 08-56 authorizing the acceptance from the Governor’s Office of Highway Safety for an Occupant Protection Enforcement Program Grant in the amount of $9,000 to fund overtime for enforcing occupant restraint violations during one two-week enforcement wave through the grant year  (LCON03108); and

b)         Approve a budget amendment in the amount of $9,000 from the Proposed Grants Contingency Account to the Occupant Protection Enforcement Program, Overtime Account to provide expenditure authority.

6C  Grant, Arizona Office of Tourism, Promoting Tourism and Spring Training

Discussion and possible action to authorize the submittal of a grant application to the Arizona Office of Tourism for promoting and marketing tourism and spring training in the City of Peoria. (LCON03208)

7C  Intergovernmental Agreement, Maricopa County Board of Supervisors, Incarceration Services

Discussion and possible action to authorize the City Manager to execute an Intergovernmental Agreement with the Maricopa County Board of Supervisors regarding incarceration services provided to the City. (LCON03308)

8C  Intergovernmental Agreement, State of Arizona, Department of Transportation, National Bridge Inventory Assets

Discussion and possible action to approve an Intergovernmental Agreement (IGA) with the State of Arizona, through the Department of Transportation (ADOT), for the inspection of National Bridge Inventory (NBI) assets owned or controlled by the City. (LCON03408)

9C  Intergovernmental Agreement, City of Glendale, Capital Improvement Project, 67th Avenue; Olive Avenue to Arizona Canal Diversion Channel

Discussion and possible action to:                   

a)         Approve an Intergovernmental Agreement with the City of Glendale for construction of a capital improvement project known as 67th Avenue; Olive Avenue to Arizona Canal Diversion Channel (ACDC) (LCON03508); and

b)         Approve payment to the City of Glendale in an amount not to exceed $2,258,098.50. 

10C  Intergovernmental Agreement, State of Arizona, Department of Transportation, Traffic Management Center, 85th Avenue and Cinnabar Avenue

Discussion and possible action to reapprove an Intergovernmental Agreement (IGA) with the State of Arizona, Department of Transportation (ADOT), for the purchase and installation of equipment for the Traffic Management Center. (LCON02808A) 

11C  Contract, MGC Construction, Beardsley Water Reclamation Facility Phase IIIA Expansion, Recharge Basin 13 Rehabilitation

Discussion and possible action to award the design of a design/build contract to MGC Construction for an amount not to exceed $960,228 for improvements to the Beardsley Water Reclamation Facility Phase IIIA Expansion and the rehabilitation of Recharge Basin 13. (LCON03608)

12C  Intergovernmental Agreement Amendment, Arizona Department of Revenue, Joint Audits and Sharing of Tax Information

Discussion and possible action to adopt RES. 08-57 authorizing an amendment to an Intergovernmental Agreement with the State of Arizona Department of Revenue for joint audits and sharing certain information. (LCON02490A)

13C  Contract Amendment, Felix Construction, Stone Well and Reservoir Reconditioning Project

Discussion and possible action to approve Contract Amendment No. 1 with Felix Construction for the Guaranteed Maximum Price (GMP) of $263,178.00 for the first phase of construction services for the construction of a block wall and other site improvements for the Stone Well and Reservoir Reconditioning Project. (LCON05207A)

14C  Contract Amendment, Pierson Construction Corporation, Inc., Park West Improvement District Project

Discussion and possible action to approve Contract Amendment No. 2 with Pierson Construction Corporation, Inc. in the amount of $74,476.01 for various change orders for the Park West Improvement District Project. (LCON02107B)

15C  Contract Amendment, PB Americas, Inc., Waterline Upgrade, Market Street and Gold Dust Lane

Discussion and possible action to approve Contract Amendment No. 3 with PB Americas, Inc. in the not-to-exceed amount of $15,934.05 for design services related to a waterline upgrade as part of the Market Street and the Gold Dust Lane reconstruction. (LCON10006C)

16C  Contract Amendment, Carter and Burgess, Inc. Happy Valley Road Widening, 75th Avenue to Lake Pleasant Parkway

Discussion and possible action to:

a)         Approve Contract Amendment No. 3 with Carter and Burgess, Inc. in the not-to-exceed amount of $764,814 for construction administration and design services associated with the construction of Happy Valley Road Widening from 75th Avenue to Lake Pleasant Parkway (ACON37907C);

b)         Approve the acceleration of project funds from Fiscal Year 2009 to Fiscal Year 2008 by authorizing a budget transfer in the amount of $747,581 from the General Fund Contingency Account to the Municipal Development Authority Bond Fund Street Improvements Account; and

c)         Authorize the expenditure of developer-contributed funds to construct necessary water and sewer lines to serve this subdivision by approving a budget transfer in the amount of $17,233 from the General Fund Contingency Account to the Outside Sources Fund Water System Account.

17C  Authorize Expenditure, HOK Sports, Peoria Sports Complex, Press Level Window System Upgrade Project

Discussion and possible action to:

a)         Approve the expenditure of funds to HOK Sports in the amount of $15,000 for providing design services for a biddable set of construction documents, estimated value and a not to exceed proposal for the Peoria Sports Complex Press Level Window System Upgrade project;

b)         Approve the use of reserves; and

c)         Approve a budget amendment in the amount of $15,000 from the Sports Complex Improvement Reserve Fund Contingency Account to the Sports Complex Improvement Reserves Grounds/Detention Repair and Maintenance Account.

18C  Water Infrastructure Finance Authority, Butler Water Reclamation Plant, Phase Three

Discussion and possible action to adopt RES. 08-58 approving the third and final phase of a loan with the Water Infrastructure Finance Authority (WIFA) in the amount of $8,575,253 to continue funding construction of the Butler Water Reclamation Plant. (LCON12206B)

19C  Neighborhood Traffic Management Program, Residential Traffic Control Area, Hacienda Del Sol

Discussion and possible action to adopt RES. 08-59 for the Neighborhood Traffic Management Program (NTMP) to establish an additional Residential Traffic Control Area for Hacienda Del Sol, an area bounded by Mountain View Road in the north, 67th Avenue in the east, Olive Avenue in the south, and 71st Avenue in the west.

20C Maintenance Improvement District No. 1055, Tierra Del Rio Parcel 6, 107th Avenue and Happy Valley Road

Discussion and possible action to approve the Petition of Formation and adopt RES. 08-60 intention and ordering formation of proposed Maintenance Improvement District No. 1055, Tierra Del Rio Parcel 6, located on 107th Avenue and Happy Valley Road; and adopt RES. 08‑61 ordering the work within the proposed Maintenance Improvement District.

21C  Maintenance Improvement District No. 1067, Tierra Del Rio Parcel 9, Happy Valley Road and Tierra Del Rio Boulevard

Discussion and possible action to approve the Petition of Formation and adopt RES. 08-62 intention and ordering formation of proposed Maintenance Improvement District No. 1067, Tierra Del Rio Parcel 9, located on Happy Valley Road and Tierra Del Rio Boulevard; and adopt RES. 08-63 ordering the work within the proposed Maintenance Improvement District.

22C  Street Light Improvement District No. 1022, Tierra Del Rio Parcel 6, 107th Avenue and Happy Valley Road

Discussion and possible action to approve the Petition of Formation and adopt RES. 08-64 intention and ordering formation of proposed Street Light Improvement District No. 1022, Tierra Del Rio Parcel 6, located on 107th Avenue and Happy Valley Road; and adopt RES. 08-65 ordering the purchase of electricity for lighting streets and parks within the proposed Street Light Improvement District.

23C  Street Light Improvement District No. 1031, Tierra Del Rio Parcel 9, Happy Valley Road and Tierra Del Rio Boulevard

Discussion and possible action to approve the Petition of Formation and adopt RES. 08-66 intention and ordering formation of proposed Street Light Improvement District No. 1031, Tierra Del Rio Parcel 9, located on Happy Valley Road and Tierra Del Rio Boulevard; and adopt RES. 08-67 ordering the purchase of electricity for lighting streets and parks within the proposed Street Light Improvement District.

24C  Abandonment, 71st Avenue and Sweetwater Avenue

Discussion and possible action to:

a)         Adopt RES. 08-68 abandoning a 40-foot strip of right-of-way along Sweetwater Avenue east of 71st Avenue; and

b)         Authorize the City Manager to execute two quit claim deeds to transfer the property.

25C  Abandonment, Calle Lejos between 70th Avenue and 71st Avenue

Discussion and possible action to:

a)         Adopt RES. 08-69 abandoning a 10-foot strip of right-of-way along Calle Lejos between 70th and 71st Avenue; and

b)         Authorize the City Manager to execute a quit claim deed to transfer the property. 

26C  Easement, Salt River Project, Power Transmission Lines, Butler Water Reclamation Facility, 9976 West Northern Avenue

Discussion and possible action to adopt RES. 08-70 authorizing the City Manager to execute a power distribution easement to Salt River Project (SRP) for the installation of power transmission lines related to the Butler Water Reclamation Facility (WRF) Influent Pump Station, located at 9976 West Northern Avenue.

27C  Easement, Arizona Public Service, Chili Davis Premier Baseball Site, 77th Avenue and Paradise Lane

Discussion and possible action to adopt RES. 08-71 authorizing the City Manager to execute a utility easement to Arizona Public Service for utility line installation at the Chili Davis Premier Baseball site, located at 7797 West Paradise Lane.

28C  Easements, Public Water Line and Roadway/Peoria Utility, Chili Davis Premier Baseball Site, 77th Avenue and Paradise Lane

Discussion and possible action to adopt RES. 08-72 authorizing the City Manager to execute a public water line easement and a roadway and Peoria utility easement associated with the Chili Davis Premier Baseball site, located at 7797 West Paradise Lane.

29C  Deeds and Easements, Various Locations

Discussion and possible action to adopt RES. 08-73 accepting deeds and easements for various real property interests acquired by the City and previously recorded by the Maricopa County Recorder’s Office.

30C  Designated Roadways, Establish Rights-of-Way, Various Locations

Discussion and possible action to adopt RES. 08-74 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.

31C  Private Street Acceptance, Edgewater Park at Westbrook Village

Discussion and possible action to:

a)         Grant preliminary acceptance of the Edgewater Park at Westbrook Village private streets; and

b)         Authorize staff to coordinate with the Homeowners Association to prepare the necessary documents for final acceptance, subject to stipulations.

32C  Repayment Zone, Lake Pleasant Parkway, Williams Road to Dynamite Boulevard

Discussion and possible action to:

a)         Approve the Lake Pleasant Parkway Repayment Zone from Williams Road to Dynamite Boulevard (Westwing Parkway); and

b)         Authorize staff to collect the designated assessments as parcels are developed.

33C  Final Plat, Trilogy, Trilogy Boulevard and Dixileta Parkway

Discussion and possible action to approve the Final Plat of Trilogy at Vistancia - Parcel C23, located on the west side of Trilogy Boulevard south of Dixileta Parkway, subject to stipulations. (R070109)

34C  Final Plat, Campanos Estates, 77th Avenue and Pinnacle Peak Road

Discussion and possible action to approve the Final Plat for Campanos Estates located at the southwest corner of 77th Avenue and Pinnacle Peak Road, subject to stipulations.  (Project R030139)


REGULAR AGENDA

NEW BUSINESS

35R  PUBLIC HEARING – Liquor Licenses, Various Locations

PUBLIC HEARING:  RE: 

a)         A new Restaurant Liquor License (Series 12) for BJ’s Restaurant & Brewhouse, located at 9748 W. Northern Avenue. Applicant: Derek M. Osborne. LL#10011848; and

b)         A new Restaurant Liquor License (Series 12) for Red Brick Pizza, located at 9832 W. Northern Avenue, Suite 1650. Applicant: Randy D. Nations. LL#10010833. 

Open Public Hearing:
Staff Report:
Public Comment:
Close Public Hearing: 

Council Action:  Discussion and possible action to recommend approval to the State Liquor Board for:

a)         A new Restaurant Liquor License (Series 12) for BJ’s Restaurant & Brewhouse, located at 9748 W. Northern Avenue. Applicant: Derek M. Osborne. LL#10011848; and

b)         A new Restaurant Liquor License (Series 12) for Red Brick Pizza, located at 9832 W. Northern Avenue, Suite 1650. Applicant: Randy D. Nations. LL#10010833.

36R  PUBLIC HEARING - General Plan Amendment, Land Use Map, Peoria Regional Medical Center, Lake Pleasant Parkway and Yearling Road

PUBLIC HEARING:  RE: A request to amend the General Plan Land Use Map by re-designating approximately 48 gross acres located north and west of the northwest corner of Lake Pleasant Parkway and Yearling Road from Low Density Residential (2-5 du/ac, target 3.0 du/ac) to Public/Quasi-Public.

Open Public Hearing:
Staff Report:
Public Comment:
Close Public Hearing:

Council Action:  Discussion and possible action to concur with the Planning and Zoning Commission’s recommendation and adopt RES. 08‑75 approving an amendment to the General Plan Land Use Map by re-designating approximately 48 gross acres located north and west of the northwest corner of Lake Pleasant Parkway and Yearling Road from Low Density Residential (2-5 du/ac, target 3.0 du/ac) to Public/Quasi-Public. (GPA 08-04)

37R  PUBLIC HEARING – Rezoning, Peoria Regional Medical Center, Lake Pleasant Parkway and Yearling Road

PUBLIC HEARING: RE:  A request to rezone approximately 48 gross acres located north and west of the northwest corner of Lake Pleasant Parkway and Yearling Road from Bella Casa Planned Area Development to a new Planned Area Development. 

Open Public Hearing:
Staff Report:
Public Comment:
Close Public Hearing:

Council Action:  Discussion and possible action to concur with the Planning and Zoning Commission’s recommendation and adopt ORD. 0811 rezoning approximately 48 gross acres located north and west of the northwest corner of Lake Pleasant Parkway and Yearling Road from Bella Casa Planned Area Development to a new Planned Area Development. (Z08-04)

38R  Contract Amendment, Ames Construction, Inc., Happy Valley Road Widening, 75th Avenue to Lake Pleasant Parkway

Discussion and possible action to:

 a)        Approve Contract Amendment No 3, Guaranteed Maximum Price No. 2 (GMP#2), with Ames Construction, Inc. in an amount not to exceed $10,054,053.57 for construction services associated with the construction of Happy Valley Road Widening from 75th Avenue to Lake Pleasant Parkway (LCON06407C);

b)        Approve the acceleration of project funds from Fiscal Year 2009 to Fiscal Year 2008 by authorizing a budget transfer in the amount of $8,371,079.22 from the General Fund Contingency Account to the Proposed Municipal Development Authority (MDA) Bond Fund, Street Improvements Account; and 

c)         Authorize the expenditure of developer-contributed funds to construct necessary water and sewer lines to serve this subdivision by approving budget transfers in the amount of $162,992 from the General Fund Contingency Account to the Outside Sources Fund Water System Account and in the amount of $747,850 from the General Fund Contingency Account to the Outside Sources Fund Wastewater System Account.

39R  Contract Amendment, FNF Construction, Inc., Thunderbird Road Street Widening, Loop 101 to 95th Avenue

Discussion and possible action to approve Contract Amendment No. 4, Guaranteed Maximum Price No. 3 (GMP #3), with FNF Construction, Inc. in an amount not to exceed $12,778,280.09 for Construction Manager at Risk services for the majority of the construction of the Thunderbird Road Street Widening Project from the Loop 101 to 95th Avenue. (LCON06207D)

40R  Contract Amendment, URS Corporation, Thunderbird Road Street Widening, Loop 101 to 95th Avenue

Discussion and possible action to approve Contract Amendment No. 5 with URS Corporation in an amount not to exceed $1,332,871 for post-design services and additional work required to incorporate Gray Development Group (GDG) construction plans into the Thunderbird Road Street Widening Project from the Loop 101 to 95th Avenue. (LCON07705E)

41R  Budget Transfer, Principle Payment, Gila River Indian Community Water Lease

Discussion and possible action to: 

a)         Approve a budget transfer in the amount of $4,000,000 from the Water/Wastewater Revenue Bond Contingency Fund to the Water Resource Fund CAP Water Rights Project Account; and

b)         Authorize the use of Water Resource Fund Reserves in the amount of $4,000,000 to make a principle payment on the Gila River Indian Community Water Lease Agreement.

42R  Appointment of Mr. Carl Swenson as City Manager, Effective July 1, 2008

Discussion and possible action to:

a)         Adopt RES. 08-76 appointing Carl Swenson as City Manager, effective July 1, 2008; and

b)         Approving the Terms and Condition of Employment Agreement for Carl Swenson as City Manager, effective July 1, 2008. (LCON12508)


CALL TO THE PUBLIC:  (NON-AGENDA ITEMS)

Your comments pertaining to City Council business are welcome.  However, if you wish to address the City Council, please complete a Speaker Request Form and return it to the clerk before the call to order for this meeting.  The City Council is not authorized by state law to discuss or take action on any issue raised by public comment until a later meeting.

Reports from the City Manager:
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.