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 CITY COUNCIL REGULAR MEETING NOTICE & AGENDA Tuesday, February 6, 2007 7:00 P.M. CITY COUNCIL CHAMBER CONVENE: PLEDGE: ROLL CALL: FINAL CALL TO SUBMIT SPEAKER REQUEST FORMS: PRESENTATION: 1. Certificates of appointment and re- appointment to the following Board and Commission members: Greg Loper re- appointed to the Planning and Zoning Commission; Bonnie Apperson, John Buonagurio, James Flonacher, Patty Fusco, Penny Hughes, Mary Matheson, and Robert Ware appointed to the Sister Cities Board; and Doris Gosney and Reed Webber appointed to the Veterans Memorial Board. 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: Regular Meeting – January 2, 2007 Special Meeting – January 8, 2007 2C Planned Area Development Amendment, Sunset Ranch 2, Lake Pleasant Parkway and Williams Road Discussion and possible action to concur with the Planning and Zoning Commission’s recommendation and adopt ORD. 07-05 amending the Sunset Ranch 2 Planned Area Development (PAD), a 33.3-acre parcel located north and east of the northeast corner of Lake Pleasant Parkway and Williams Road, to increase the lot count from 86 to 88 lots, and make minor modifications to the internal circulation pattern within the subdivision. (Z 05-25A.1) 3C Property Acquisition, 99th Avenue and Northern Avenue Discussion and possible action to: a) Authorize the acquisition of approximately 0.27 acres of land located at the northwest corner of 99th Avenue and Northern Avenue adjacent to the pump station site associated with the Butler Water Reclamation Facility (LCON01007); and b) Authorize the City Manager to execute all documents necessary to complete the transaction. 4C Grant, Oversight Council on Driving or Operating under the Influence Abatement Program Discussion and possible action to: a) Adopt RES. 07-10 authorizing the City of Peoria Police Department to accept a DUI “Overwatch II” Grant in the amount of $33,696 from the Oversight Council on Driving or Operating Under the Influence Abatement Grant Program (LCON01107); and b) Approve a budget amendment in the amount of $33,696 from the Proposed Grant Contingency Account to the DUI Abatement Grant Fund to provide expenditure authority. 5C Grant, Governor’s Office of Highway Safety, Occupant Protection Enforcement Program Discussion and possible action to: a) Adopt RES. 07-11 authorizing the formal acceptance of an Occupant Protection Enforcement Program Grant in the amount of $4,400 from the Governor’s Office of Highway Safety to fund overtime for enforcing occupant restraint violations during Child Passenger Safety Week (LCON01207); and b) Approve a budget amendment in the amount of $4,400 from the General Fund Contingency Account to the Occupant Protection Enforcement Program Grant Fund, Overtime Account to provide expenditure authority. 6C Intergovernmental Agreement, Maricopa County Department of Transportation, Drainage Project, 89th Avenue and Williams Road Discussion and possible action to: a) Approve an intergovernmental agreement with the Maricopa County Department of Transportation for paving and drainage repairs for the 89th Avenue and Williams Road drainage project (LCON01307); and b) Authorize a budget transfer in the amount of $100,000 from the General Fund Contingency Account to the 89th Avenue and Williams Road Drainage Project, Capital Projects Outside Sources Fund Storm Drain System Account. 7C Budget Transfer, Finance Department, Water, Wastewater and Solid Waste Rate Studies Discussion and possible action to: a) Approve the use of Utility Fund Reserves and Solid Waste Fund Reserves; b) Authorize a budget transfer in the amount of $109,000 from the General Fund Contingency Account to the Water Operating Fund – Other Professional Services Account to fund the appraisal, valuation, and rate studies for water and wastewater; and c) Authorize a budget transfer in the amount of $50,000 from the Solid Waste Contingency Account to the Solid Waste Operating Fund - Other Professional Services Account to fund a rate study for solid waste services. 8C Budget Transfer, Finance Department, Bank Service Charges Discussion and possible action to: a) Approve the use of General Fund Reserves; and b) Authorize a budget transfer in the amount of $13,000 from the General Fund Contingency Account to the Finance Department/Treasury Division – Bank Service Charges Account to pay for increased general banking service charges for the City. 9C Increase Expenditure Authority, Western Technologies Inc., Butler Water Reclamation Facility Discussion and possible action to approve an increase in expenditure authority from $30,000 to an amount not-to-exceed $200,000 for use of on-call term professional services with Western Technologies Inc. for testing of construction materials and laboratory services for the Butler Water Reclamation Facility project. 10C Payment Authorization, Arizona Public Service, Overhead Power Facilities Construction, Happy Valley Road/95th Avenue to Lake Pleasant Parkway Discussion and possible action to approve payment to Arizona Public Service in the amount of $67,072 for construction of overhead power facilities along the south side of Happy Valley Road from 95th Avenue to Lake Pleasant Parkway. 11C Fiscal Year 2007 Second Quarter Budget Amendments Discussion and possible action to approve the Fiscal Year 2007 second quarter budget amendments. 12C Maintenance Improvement District No. 1022, Vistancia Parcel A28, Vistancia Boulevard and Ridgeline Road Discussion and possible action to approve the Petition of Formation and adopt RES. 07-12 intention and ordering formation of proposed Maintenance Improvement District No. 1022, Vistancia Parcel A28, located at Vistancia Boulevard and Ridgeline Road; and adopt RES. 07-13 ordering the work within the proposed Maintenance Improvement District. 13C Maintenance Improvement District No. 1059, Travata, 91st Avenue and Meadow Drive Discussion and possible action to approve the Petition of Formation and adopt RES. 07-14 intention and ordering formation of proposed Maintenance Improvement District No. 1059, Travata, located at 91st Avenue and Meadow Drive; and adopt RES. 07-15 ordering the work within the proposed Maintenance Improvement District. 14C Street Light Improvement District No. 1013, Vistancia Parcel A28, Vistancia Boulevard and Ridgeline Road Discussion and possible action to approve the Petition of Formation and adopt RES. 07-16 intention and ordering formation of proposed Street Light Improvement District No. 1013, Vistancia Parcel A28, located at Vistancia Boulevard and Ridgeline Road; and adopt RES. 07-17 ordering the purchase of electricity for lighting streets and parks within the proposed Street Light Improvement District. 15C Irrigation Easement, Salt River Project, 99th Avenue and Northern Avenue Discussion and possible action to adopt RES. 07-18 authorizing the City Manager to execute an irrigation easement to Salt River Project for irrigation facilities related to the development of Parke West, located at the northeast corner of 99th Avenue and Northern Avenue. (LCON01407) 16C Restrictive Access Easement, New River and Happy Valley Road Discussion and possible action to adopt RES. 07-19 authorizing the City Manager to execute a restrictive access easement for land located at New River south of Happy Valley Road to be utilized for mitigation in accordance with the revised New River Mitigation Plan. 17C Deeds and Easements, Various Locations Discussion and possible action to adopt RES. 07-20 accepting deeds and easements for various real property interests acquired by the City and previously recorded by the Maricopa County Recorder’s Office. 18C Designate Roadways, Establish Rights-of-Way, Various Locations Discussion and possible action to adopt RES. 07-21 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. 19C Final Plat, Colina del Sur, 72nd Avenue and Jomax Road Discussion and possible action to approve the final plat for Colina del Sur, a 21-lot subdivision, located at 72nd Avenue on the south side of Jomax Road, subject to stipulations. (Project R0500150) 20C Final Plat, Empire Business Park Unit 1, 91st Avenue and Cactus Road Discussion and possible action to approve the final plat for Empire Business Park Unit 1, located at the northeast corner of 91st Avenue and Cactus Road, subject to stipulations. (Project R060086) 21C Final Plat, Rio Estates, 97th Avenue and Olive Avenue Discussion and possible action to approve the final plat for Rio Estates, a 29-lot subdivision, located at the northwest corner of 97th Avenue and Olive Avenue, subject to stipulations. (Project R060083) 22C Final Plat, Mountain Ridge Views, 79th Avenue and Avenida del Sol Discussion and possible action to approve the final plat for Mountain Ridge Views, a 9-lot subdivision, located on the west side of 79th Avenue north of Avenida del Sol, subject to stipulations. (Project R060007) 23C Final Plat, Plaza del Rio Phase 2, 94th Drive and Plaza del Rio Boulevard Discussion and possible action to approve the final plat for Plaza del Rio Phase 2, located on 94th Drive and the west side of Plaza del Rio Boulevard, subject to stipulations. (Project R060049) 24C Amended Condominium Plat, Cibola Vista Resort and Spa Phase 1, Pinnacle Vista Drive and Lake Pleasant Parkway Discussion and possible action to approve the amended condominium plat for Cibola Vista Resort and Spa Phase 1, located near the northeast corner of Pinnacle Vista Drive and Lake Pleasant Parkway, subject to stipulations. (Project R060046) 25C Re-plat, Cibola Vista, Cibola Vista Drive and Lake Pleasant Parkway Discussion and possible action to approve the re-plat of Parcels 8A and 8B of the master final plat for Cibola Vista, located at the southeast corner of Cibola Vista Drive and Lake Pleasant Parkway, subject to stipulations. (Project No. R070004) 26C Re-plat, Vistancia Village A, Parcel F5, Vistancia Boulevard and Westland Road Discussion and possible action to approve the re-plat of Lot 42 and Tract C of Vistancia Village A, Parcel F5, located west of Vistancia Boulevard on the south side of Westland Road, subject to stipulations. (Project R050143A) 27C Re-Plat, Vistancia Village A, Parcel G5, Central Arizona Project Canal and Westland Road Discussion and possible action to approve the re-plat of Lot 59, Tract A, of Vistancia Village A, Parcel G5, located on the south side of the Central Arizona Project Canal and west of Westland Road, subject to stipulations. (Project R040167C) 28C Re-plat, Blackstone at Vistancia, Parcel F-8A, Vistancia Boulevard and Westland Road Discussion and possible action to approve the re-plat of Tract B of Blackstone at Vistancia, Parcel F-8A, located east of Vistancia Boulevard on the south side of Westland Road, subject to stipulations. (Project R060110) 29C Authorization to Hold an Executive Session Pursuant to A.R.S. § 38-431.03.A.4: Authorize an Executive Session for the purpose of: a) Discussion and consultation with legal counsel for legal advice regarding Mayer Unified School District v. State Land Department; and b) Discussion with legal counsel on legal issues pertaining to Yadin v. City of Peoria. REGULAR AGENDA UNFINISHED BUSINESS 30R PUBLIC HEARING – Conditional Use Permit, T-Mobile, Beardsley Road and Lake Pleasant Road (Item 2R – January 8, 2007) PUBLIC HEARING: RE: A conditional use permit requested by T-Mobile for development of a wireless communication tower (monopalm) to be located north of the northwest corner of Beardsley Road and Lake Pleasant Road utilizing the less restrictive setback development standards as defined under the guidelines for a conditional use. Staff Report/Public Comment: Council Action: Discussion and possible action on the Planning and Zoning Commission’s recommendation to deny a conditional use permit requested by T-Mobile for development of a wireless communication tower (monopalm) to be located north of the northwest corner of Beardsley Road and Lake Pleasant Road utilizing the less restrictive setback development standards as defined under the guidelines for a conditional use. (CU06- 06) NEW BUSINESS 31R PUBLIC HEARING – Liquor Licenses, Various Locations PUBLIC HEARING: RE: a) A new Restaurant Liquor License (Series 12) for Chili’s Grill & Bar #1307, located at 10040 W. Happy Valley Road. Applicant: Clare Abel. LL#10007938; b) A new Restaurant Liquor License (Series 12) for Salty Senorita Peoria, located at 8011 W. Paradise Lane. Applicant: Randy Nations. LL#10007939; and c) A new Wine and Beer Liquor License (Series 10) for Circle K #3367, located at 8327 W. Thunderbird Road. Applicant: Kim Kwiatkowski. LL#10007688. 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 Chili’s Grill & Bar #1307, located at 10040 W. Happy Valley Road. Applicant: Clare Abel. LL#10007938; b) A new Restaurant Liquor License (Series 12) for Salty Senorita Peoria, located at 8011 W. Paradise Lane. Applicant: Randy Nations. LL#10007939; and c) A new Wine and Beer Liquor License (Series 10) for Circle K #3367, located at 8327 W. Thunderbird Road. Applicant: Kim Kwiatkowski. LL#10007688. 32R PUBLIC HEARING – General Plan Land Use Plan Amendment, Loop 101 and Peoria Avenue PUBLIC HEARING: RE: A request to amend the General Plan Land Use Plan by re-designating approximately 20 gross acres located at the southwest corner of the Loop 101 and Peoria Avenue from Medium- Density Residential (5-8 units per acre; target density of 6.0 units per acre) to Business Park/Industrial (BPI). Staff Report/Public Comment: Council Action: Discussion and possible action to concur with the Planning and Zoning Commission’s recommendation and adopt RES. 07-22 approving an amendment to the General Plan Land Use Plan by re-designating approximately 20 gross acres located at the southwest corner of the Loop 101 and Peoria Avenue from Medium-Density Residential (5-8 units per acre; target density of 6.0 units per acre) to Business Park/Industrial (BPI). (GPA 06-10) 33R PUBLIC HEARING – Rezoning, Loop 101 and Peoria Avenue PUBLIC HEARING: RE: A request to rezone approximately 20 gross acres located at the southwest corner of the Loop 101 and Peoria Avenue from Intermediate Commercial (C-2) to Business Park/Industrial (BPI). Staff Report/Public Comment: Council Action: Discussion and possible action to concur with the Planning and Zoning Commission’s recommendation and adopt ORD. 07-06 rezoning approximately 20 gross acres located at the southwest corner of the Loop 101 and Peoria Avenue from Intermediate Commercial (C-2) to Business Park/Industrial (BPI) to facilitate a commerce park. (Z 06-16) 34R Property Acquisition, Pinnacle Peak Public Safety Facility, Lake Pleasant Parkway Discussion and possible action to: a) Authorize the acquisition of approximately 4.78 acres of land located adjacent and north of the Pinnacle Peak Public Safety Facility on Lake Pleasant Parkway for expansion of the site (LCON01507); b) Authorize the City Manager to execute the documents necessary to complete the transaction; c) Authorize a budget transfer and the use of reserves in the amount of $524,518.77 from the Half-Cent Sales Tax Fund Contingency Account to the Public Safety Parking Expansion Project Account; and d) Authorize the use of Law Enforcement Development Impact Fees and a budget transfer in the amount of $520,000 from the General Fund Contingency Account to the Law Enforcement Development, Land and Improvements Account. 35R Sale of Arizona General Obligation Bonds Discussion and possible action to adopt RES. 07-23 ordering the sale of City of Peoria, Arizona General Obligation Bonds (Projects of 1990, 1994, 2000 and 2005), Series A (2007) in the total aggregate principal amount not to exceed $125,000,000; fixing the date and hour of sale of such bonds; delegating to the Chief Financial Officer of the City authority to finalize matters in the notice of sale of such bonds; and authorizing the preparation, use and distribution of an Official Statement relating to such bonds. 36R Sale of Arizona General Obligation Refunding Bonds Discussion and possible action to adopt RES. 07-24 ordering the sale of City of Peoria, Arizona General Obligation Refunding Bonds, Series B (2007) in the total aggregate principal amount not to exceed $35,000,000; fixing the date and hour of sale of such bonds; delegating to the Chief Financial Officer of the City authority to finalize matters in the notice of sale of such bonds; and authorizing the preparation, use and distribution of an Official Statement relating to such bonds. 37R Contract, United States, Central Arizona Water Conservation District, Priority Water Allocation Discussion and possible action to: a) Adopt RES. 07-25 authorizing the execution of a subcontract with the United States and the Central Arizona Water Conservation District for water service from the Central Arizona Project that includes an additional 5,527 acre-feet per year of municipal and industrial priority water allocated to the City of Peoria as part of the Arizona Water Rights Settlement Act (LCON01607); and b) Authorize payment to the Central Arizona Water Conservation District for an approximate amount of $3,611,000. 38R Amicus Brief Discussion and possible action to authorize the Office of the City Attorney to file or participate in filing an amicus brief in Oscar Renda Contracting v. City of Lubbock,Texas before the United States Supreme Court. CALL TO THE PUBLIC: (NON-AGENDA ITEMS) 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. Regular City Council Meeting Agenda February 6, 2007 Page 2 of 12 Regular City Council Meeting Agenda February 6, 2007 Page 2 of 12