Amendment #2 – June 15, 2007 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, June 19, 2007 7:00 P.M. CITY COUNCIL CHAMBER CONVENE: PLEDGE: ROLL CALL: FINAL CALL TO SUBMIT SPEAKER REQUEST FORMS: PRESENTATION: 1. Certificates of Appointment to the following Board and Commission members: Harold Gribow and Garner Palenske appointed to the Building Board of Appeals; Randy Wright appointed to the Industrial Development Authority; Alexander Obis appointed to the Public Safety Retirement System Board for Fire; Alexander Obis appointed to the Public Safety Retirement System Board for Police; and Amy Andelin, Dale Buchert, Anthony Durfey, Collin Guzman, Anthony Harrington, Maggie Matheson and Chris Ramirez appointed and Robert Belanger, Julia Grose, Jessica Hewitt, Jared Hummel, Kristen Matheson and Jane Wakefield reappointed to the Youth Advisory 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 DISPOSITION OF ABSENCE: Discussion and possible action to approve the absence of Councilmember Carlo Leone from the Regular City Council Meeting on June 5, 2007. 2C Neighborhood Traffic Management Program, Additional Traffic Control Area, Roundtree Ranch, Mountain View Road/79th Avenue/Olive Avenue/83rd Avenue Discussion and possible action to adopt RES. 07-91 for the Neighborhood Traffic Management Program (NTMP) to establish an additional Residential Traffic Control area at Roundtree Ranch, in the area bounded by Mountain View Road in the north, 79th Avenue in the east, Olive Avenue in the south, and 83rd Avenue in the west. 3C Grant, Arizona Automobile Theft Authority (AATA) 2007/2008 Law Enforcement Grant Program, License Plate Reader (LPR) Discussion and possible action to: a) Adopt RES 07-92 authorizing the City of Peoria Police Department to accept $22,176 in additional funding from the Arizona Automobile Theft Authority (AATA) 2007/2008 Law Enforcement Grant Program to purchase a mobile license plate reader (LCON04707); and b) Approve a budget amendment in the amount of $22,176 from the General Fund Contingency Account to the General Fund Operations Bureau Account to provide expenditure authority. 4C Intergovernmental Agreement, City of Phoenix, Capital Maintenance of Transit Vehicles Discussion and possible action to authorize an intergovernmental agreement with the City of Phoenix to provide $37,440 to the City of Peoria from the Federal Transit Administration by a federal grant pass through from City of Phoenix Grant No. AZ-90-X080 for associated capital maintenance of transit vehicles. (LCON04807) 5C Intergovernmental Agreement, Peoria Unified School District No. 11, Use of City’s Education Channel Discussion and possible action to authorize the City Manager to execute an intergovernmental agreement granting use of the City’s education channel to Peoria Unified School District No. 11. (LCON04907) 6C Memorandum of Understanding, Peoria Police Officers’ Association Discussion and possible action to authorize an extension of the current Memorandum of Understanding with the Peoria Police Officers Association until July 10, 2007. (LCON04206A) 7C Settlement Agreement, Olsson Associates Discussion and possible action to approve a settlement agreement in City of Peoria v. Olsson Associates, et al. (LCON05107) 8C Contract, Felix Construction, Stone Well and Reservoir Reconditioning Project Discussion and possible action to award a design/build contract in an amount not to exceed $221,638 to Felix Construction for the design phase of the Stone Well and Reservoir Reconditioning Project. (LCON05207) 9C Contract, Peoria Citizen Corps Council, Establish Policy Outlining Relationship with the City of Peoria Discussion and possible action to authorize the City Manager to execute an agreement with the Peoria Citizen Corps Council to establish a policy outlining their relationship with the City of Peoria. (LCON05307) 10C Contract, Peoria Presbyterian Church Fellowship Hall, Adult Day Program Discussion and possible action to approve an agreement in the amount of $4,000 with the Peoria Presbyterian Church for use of the Fellowship Hall for the Adult Day Program. (LCON05507) 11C Contract Amendment, Errol L. Montgomery & Associates, Hydrogeologic Study, Beardsley Water Reclamation Facility Discussion and possible action to: a) Approve Contract Amendment No. 1 in the amount of $9,450 with Errol L. Montgomery & Associates for the continued hydrogeologic study at the Beardsley Water Reclamation Facility (ACON52306A); b) Approve the use of reserves in the amount of $9,450 from the Wastewater Impact Fee Fund; and c) Approve a budget transfer from the General Fund Contingency Account to the Wastewater Impact Fees Other Professional Services Account. 12C Contract Amendment, Homes & Son, Beardsley Operations Building and Laboratory Renovation Discussion and possible action to approve Contract Amendment No. 4 in the amount of $65,288 with Homes & Son for the renovation of the old Beardsley Operations Building and Laboratory. (LCON03005D) 13C Authorize Expenditure, Compel, Community Services Building, Information Technology Cabling Discussion and possible action to: a) Authorize an expenditure in the amount of $176,053.64 to Compel utilizing State of Arizona Contract No. ADO20193-018-A2 for Information Technology cabling in the Development and Community Services Building; and b) Authorize expenditures for City-paid project-related expenses in an amount up to $565,000. 14C Authorize Expenditure, Willow District Funds, Peoria Sports Complex Enhancement Project Discussion and possible action to authorize the expenditure of $15,244 in Willow District Funds for the Peoria Sports Complex Enhancement Project. 15C Authorize Expenditure, Specialized Surfacing Utility Paving and Construction, LLC, Speed Humps, Various Locations Discussion and possible action to authorize an expenditure in the amount of $57,006 through Specialized Surfacing Utility Paving and Construction, LLC utilizing existing City of Chandler Contract TE7-745-2441 for the purchase of speed humps at various locations. 16C Authorize Expenditure, Mohave Educational Services, Traffic Calming Measures, 94th Avenue/Olive Avenue to Butler Drive and 95th Avenue/Olive Avenue to Las Palmaritas Drive Discussion and possible action to authorize an expenditure in the amount of $92,598.96 to Mohave Education Services Cooperative under Job Order Contracting Contract 01G-CENT-0831 through Centennial Contractors for the purchase of speed table, speed hump, and temporary median island installation services at 94th Avenue, from Olive Avenue to Butler Drive, and 95th Avenue, from Olive Avenue to Las Palmaritas Drive. 17C Budget Transfer, Engineering, Department, Lake Pleasant Parkway Construction Discussion and possible action to approve the following budget transfers to return unused funds to General Fund Reserves and redistribute funds within the Capital Improvement Program projects related to the construction of Lake Pleasant Parkway: a) A budget transfer in the amount of $576,034.25 from the Proposed GO (General Obligation) Bond Fund Capital Land Account to the General Fund Contingency Account; b) A budget transfer in the amount of $1,214,690 from the Proposed GO Bond Fund Street System Construction Account to the General Fund Contingency Account; c) A budget transfer in the amount of $1,104,005.68 from the Proposed GO Bond Fund Capital Land Account to the General Fund Contingency Account; d) A budget transfer within the project in the amount of $120,000 from the Outside Sources Fund Capital Land Account to the Outside Sources Fund Street System Construction Account; e) A budget transfer within the project in the amount of $2,500,000 from the 2007 GO Bond Fund Capital Land Account to the 2007 GO Bond Fund Street System Construction Account; and f) A budget transfer within the project in the amount of $677,300 from the 2007 GO Bond Fund Capital Land Account to the 2007 GO Bond Fund Street System Construction Account. 18C Budget Transfer, Community Development Department, Contract Planning Services Discussion and possible action to: a) Authorize the use of General Fund reserves; and b) Authorize a budget transfer in the amount of $45,000 from the General Fund Contingency Account to the Planning Other Professional Services Account for planning consulting services for a 3-4 month period to maintain service delivery standards and address work items in accordance with the Council’s 12-Month Policy Agenda. 19C Master Final Plat, Camino A Lago South, 95th Avenue and Deer Valley Road Discussion and possible action to approve the Master Final Plat for Camino A Lago South, located on the southwest corner of 95th Avenue and Deer Valley Road, subject to stipulations. (Project R050084A) 20C Final Plat, Camino A Lago South, Unit 5, 98th Avenue and Lake Pleasant Parkway Discussion and possible action to approve the Final Plat for Camino A Lago South, Unit 5, located on the northwest corner of 98th Avenue and Lake Pleasant Parkway, subject to stipulations. (Project No. R070002) 21C Final Plat, Camino A Lago South, Unit 8, 95th Avenue and Deer Valley Road Discussion and possible action to approve the Final Plat for Camino A Lago South, Unit 8, located on the southeast corner of 95th Avenue and Deer Valley Road, subject to stipulations. (Project R070003) 22C Final Plat, Lake Pleasant Pavilion, Re-Plat of Lots 6, 7, and 8, Lake Pleasant Parkway and Happy Valley Road Discussion and possible action to approve the Final Plat of Lake Pleasant Pavilion, a Re-Plat of Lots 6, 7 and 8, located on the southwest corner of Lake Pleasant Parkway and Happy Valley Road, subject to stipulations. (Project No. R050067E) 23C Final Plat, Lake Pleasant Pavilion, Re-Plat of Lot 9, Lake Pleasant Parkway and Happy Valley Road Discussion and possible action to approve the Final Plat of Lake Pleasant Pavilion, a Re-Plat of Lot 9, located on the southwest corner of Lake Pleasant Parkway and Happy Valley Road, subject to stipulations. (Project No. R050067F) 24C Final Plat, Trilogy at Vistancia, Parcel C11, Dixileta Parkway and Trilogy Boulevard Discussion and possible action to approve the Final Plat of Trilogy at Vistancia, Parcel C11, located on the southwest corner of Dixileta Parkway and Trilogy Boulevard, subject to stipulations. (Project R060130) 25C Authorization to Hold an Executive Session Pursuant to A.R.S. § 38-431.03.A.5: Discussion and possible action to authorize an Executive Session for the purpose of discussion and consultation with designated representatives of the City pertaining to contract negotiations with the Peoria Police Officers’ Association. Note: Executive Session will be held after the adjournment of the 7:00 p.m. Regular City Council Meeting. REGULAR AGENDA UNFINISHED BUSINESS 26R Deannexation, Palm Canyon Business Park, North of Bell Road Between New River and the Loop 101 Freeway (Item 4C, June 5, 2007) Discussion and possible action to adopt ORD. 07-16A deannexing approximately 12.72 acres of land, located north of Bell Road between New River and the Loop 101 Freeway contingent upon annexation by the City of Glendale, Arizona. (ANX 07-03) NEW BUSINESS 27R PUBLIC HEARING – Liquor Licenses, Various Locations PUBLIC HEARING: RE: a) A new Restaurant Liquor License (Series 12) for LeRhone Restaurant and Tropicana Café and Sports Bar, located at 9401 W. Thunderbird Road. Applicant: Nazareth Nissan. LL#10009211; and b) A new Restaurant Liquor License (Series 10) for Ray’s Convenience Store, located at 8433 W. Peoria Avenue. Applicant: Waleed Alkhori. LL#10009239. Staff Report/Public Comment: Council Action: Discussion and possible action to recommend approval to the State Liquor Board of: a) A new Restaurant Liquor License (Series 12) for LeRhone Restaurant and Tropicana Café and Sports Bar, located at 9401 W. Thunderbird Road. Applicant: Nazareth Nissan. LL#10009211; and b) A new Restaurant Liquor License (Series 10) for Ray’s Convenience Store, located at 8433 W. Peoria Avenue. Applicant: Waleed Alkhori. LL#10009239. 28R Primary and Secondary Property Tax Levies, Fiscal Year 2008 Discussion and possible action to adopt RES. 07-93 and ORD. 07-17 adopting the Primary and Secondary Property Tax Levies for Fiscal Year 2008. 29R Street Light Improvement District and Maintenance Improvement District, Tax Levies, Fiscal Year 2008 Discussion and possible action to adopt ORD. 07-18 adopting the Street Light Improvement District Tax Levies and ORD. 07-19 adopting the Maintenance Improvement District Tax Levies for Fiscal Year 2008. 30R Surplus Land Transfer, 75th Avenue and Happy Valley Road Discussion and possible action to adopt RES. 07-94 declaring approximately 13 acres of river bottom land, located west of 75th Avenue on the south side of the Happy Valley Road alignment, as surplus land; and authorizing the City Manager to execute documents necessary for the transfer of the property. 31R Roadway Dedication West of 75th Avenue and Happy Valley Road Discussion and possible action to adopt RES. 07-95 authorizing the City Manager to grant a roadway dedication associated with the Happy Valley Road improvements. 32R Implement Measures to Reduce PM-10 Particulate Matter Discussion and possible action to adopt RES. 07-96 to implement measures in accordance with the Maricopa Association of Governments’ (MAG) 2007 Five-Percent Plan for PM-10 Particulate Matter for the Maricopa County non-attainment area. 33R Development Agreement, Arizona Motors, LLC, Auto Dealership, 84th Avenue and Bell Road Discussion and possible action to enter into a development agreement that includes retail sales tax reimbursements with Arizona Motors, LLC to develop a Volkswagen dealership located north of the northwest corner of 84th Avenue and Bell Road. (LCON05607) 34R Development Agreement Amendment, BCC Development, Infiniti Dealership, 92nd Avenue and Bell Road Discussion and possible action to authorize a fourth amendment to the development agreement with BCC Development to extend the opening performance date for a new Infiniti Dealership located at 92nd Avenue and Bell Road. (LCON19001C) 35R Contract, Ledcor, Rose Garden Lane Drainage Improvement Construction Discussion and possible action to: a) Award a construction contract, base bid plus alternate, in the amount of $7,415,325.08 to Ledcor for the Rose Garden Lane Drainage Improvements Project (LCON05707); and b) Authorize an expenditure in the estimated amount of $54,000 to Ricker Atkinson McBee Morman (RAMM) to perform materials testing for the project. 36R Contract Amendment, Mesirow Financial, Fiscal Year 2008 General Liability Insurance Package Discussion and possible action to approve Contract Amendment No. 1 in the amount of $1,161,113 with Mesirow Financial for a general liability insurance package to include all of the City’s property, liability, equipment, casualty and fidelity bonds. (LCON06506A) CALL TO THE PUBLIC: (NON-AGENDA ITEMS) Reports from the City Manager: 1. Circulation System Assessment Report 2. City Efforts to Combat Graffiti (Presentation) Reports from City Council: Reports from the Mayor: 1. Water Safety 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.