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 CITY COUNCIL REGULAR MEETING NOTICE & AGENDA Tuesday, February 5, 2008 7:00 P.M. CITY COUNCIL CHAMBER CONVENE: PLEDGE: ROLL CALL: FINAL CALL TO SUBMIT SPEAKER REQUEST FORMS: PRESENTATION: 1. Recognition of Councilmember Vicki Hunt as outgoing Vice Mayor. 2. Certificates of Appointment to the following Board and Commission members: William Collett appointed to the Parks and Recreation Board; Anthony Tosca appointed to the Volunteer Firefighter Pension Board; and Marcy Lorenz appointed 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 Appointment, Boards and Commissions Discussion and possible action to approve the recommendation from the Council Subcommittee on Boards and Commissions Appointments and adopt RES. 08-14 appointing Joyce Mozzicato as a regular member to the Ctizens Commission on Salaries for Elected City Officials to fill a partial term to expire December 2011. 2C Correct Parcel Boundary, 75th Avenue and Tierra Buena Lane Discussion and possible action to adopt ORD. 07-04A to legislatively correct the legal description contained in Ordinance No. 07-04. (Z06-19) 3C Grant Application, Housing Our Communities, Inc. Maricopa County HOME Consortium Discussion and possible action to approve RES. 08-15 in support of a grant application by Housing Our Communities, Inc. to the Maricopa HOME Consortium for the purchase and rehabilitation of multi-family housing in compliance with the City’s Consolidated Plan. 4C Adoption of National Incident Management System Discussion and possible action to adopt RES. 08-16 designating the National Incident Management System (NIMS) as the City standard for all incident management during emergencies or disasters. 5C Applicant Agent Designation, Arizona Division of Emergency Management Discussion and possible action to: a) Approve removing Deputy Fire Chief Larry Rooney as the Arizona Division of Emergency Management Applicant Agent; and b) Adopt RES. 08-17 appointing Brent Mattingly, Director of Finance, as the new Arizona Division of Emergency Management Applicant Agent “until further notice” for all current and future City of Peoria reimbursement requests for funds spent in response to emergencies and/or disasters within the State of Arizona. 6C Grant Acceptance, Maricopa County Department of Emergency Management and Fireman’s Fund Insurance Company, Antique Fire Engine Cosmetic Restoration Discussion and possible action to: a) Approve the acceptance of a grant in the amount of $3,300 from the Maricopa County Department of Emergency Management for Community Emergency Response Team (CERT) equipment; and a grant in the amount of $17,000 from the Fireman’s Fund Insurance Company for the cosmetic restoration of the Fire Department’s 1929 antique fire engine (LCON00908 and 01008); and b) Authorize a budget transfer in the amount of $20,300 from the Proposed Grant Fund Contingency Account to the Federal Grants Fund, Operational Supplies and Equipment Account in the amount of $3,300 and to the Fire Department Donation Fund, Other Professional Services Account in the amount of $17,000 to establish appropriation and expend the funds. 7C Intergovernmental Agreement, Cooperative Law Enforcement Training Operations Discussion and possible action to approve an Intergovernmental Agreement with other public agencies within the State of Arizona regarding cooperative law enforcement training operations. (LCON01108) 8C Void 9C Authorization to Hold an Executive Session Pursuant to A.R.S. § 38-431.03.A.4: Discussion and possible action to authorize the holding of an Executive Session for the purpose of discussion and consultation with legal counsel for legal advice on pending litigation and arbitration in City of Tolleson v. City of Peoria. Note: Executive Session will be held after the adjournment of the 7:00 p.m. Regular City Council Meeting. 10C Authorize Expenditure, Speed Hump Installation, Various Locations Discussion and possible action to authorize the expenditure of funds in the amount of $40,000 for the purchase of speed humps, utilizing existing City of Chandler Contract TE7-745-2441, through Specialized Surfacing Utility Paving and Construction, LLC. 11C Authorize Expenditure, Bunney’s Inc., Sidewalk Projects Discussion and possible action to approve an expenditure in the amount of $23,371.87 to Bunney’s, Inc., utilizing an existing on-call contract, for additional construction related costs for sidewalk projects within the Community Works Program. 12C Neighborhood Traffic Management Program, Various Locations Discussion and possible action to adopt RES. 08-18 through RES. 08-20 for the Neighborhood Traffic Management Program (NTMP) to establish three additional Residential Traffic Control Areas as follows: a) RES. 08-18 - Westgreen Estates-3 – area bounded by Olive Avenue in the north, 87th Avenue in the east, Butler Drive in the south, and 91st Avenue in the west; b) RES. 08-19 - Legacy Estates – area bounded by Greenway Road in the north, 79th Avenue in the east, Country Gables Drive in the south, and 81st Avenue in the west; and c) RES. 08-20 - Alta Loma – area bounded by Peoria Avenue in the north, 83rd Avenue in the east, Monroe Street in the south, and 87th Avenue in the west. 13C Deeds and Easements, Various Locations Discussion and possible action to adopt RES. 08-21 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 Discussion and possible action to adopt RES. 08-22 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. 15C Final Plat, Riverwalk, 77th Avenue and Pinnacle Peak Road Discussion and possible action to approve the Final Plat for Riverwalk, located at 77th Avenue and Pinnacle Peak Road, subject to stipulations. (Project R050185) 16C 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 17R PUBLIC HEARING – Off-Track Wagering License Renewals, Various Locations PUBLIC HEARING: RE: Off-Track Wagering License Renewals for Ramada Inn, located at 8955 N.W. Grand Avenue; McDuffy’s Sports Bar located at 15814 N. 83rd Avenue; and Gallagher’s Food & Fun located at 6750 W. Peoria Avenue. Applicant: James M. Grundy, Agent for Yavapai Downs. OTW #10002871, #OTW10002872 and OTW #10006521. Open Public Hearing: Staff Report: Public Comment: Close Public Hearing: Council Action: Discussion and possible action to recommend approval to the Arizona Racing Commission of Off-Track Wagering License Renewals for Ramada Inn, located at 8955 N.W. Grand Avenue; McDuffy’s Sports Bar located at 15814 N. 83rd Avenue; and Gallagher’s Food & Fun located at 6750 W. Peoria Avenue. Applicant: James M. Grundy, Agent for Yavapai Downs. OTW #10002871, #OTW10002872 and OTW #10006521. 18R PUBLIC HEARING – Liquor Licenses, Various Locations PUBLIC HEARING: RE: a) A new Restaurant Liquor License (Series 12) for Lis Doon Varna, The Peoria Irish Pub and Restaurant, located at 16100 N. Arrowhead Fountain Center. Applicant: Steven Goumas. LL#10010945; b) A new Restaurant Liquor License (Series 12) for Azul Café and Cantina, located at 9440 W. Peoria Avenue. Applicant: Daniel W. Collins. LL#10010998; and c) A person transfer for an On-Sale Wine and Beer Liquor License (Series 7) for The Tasting Room, located at 28465 N. Vistancia Boulevard, Suite 103. Applicant: Gary R. Cook. LL#10010394. 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 Lis Doon Varna, The Peoria Irish Pub and Restaurant, located at 16100 N. Arrowhead Fountain Center. Applicant: Steven Goumas. LL#10010945; and b) A new Restaurant Liquor License (Series 12) for Azul Café and Cantina, located at 9440 W. Peoria Avenue. Applicant: Daniel W. Collins. LL#10010998; and c) A person transfer for an On-Sale Wine and Beer Liquor License (Series 7) for The Tasting Room, located at 28465 N. Vistancia Boulevard, Suite 103. Applicant: Gary R. Cook. LL#10010394. 19R PUBLIC HEARING – Annexation, Calle Lejos and Lake Pleasant Parkway PUBLIC HEARING: RE: Proposed annexation of approximately one acre of privately-owned property located west of the southwest corner of Calle Lejos and Lake Pleasant Parkway. (ANX 07-01) Open Public Hearing: Staff Report: Public Comment: Close Public Hearing: Council Action: No Council action required. 20R PUBLIC HEARING – Annexation, Lake Pleasant Parkway and Pinnacle Peak Road PUBLIC HEARING: RE: Proposed annexation of 4.5 acres located north of the northwest corner of Lake Pleasant Parkway and Pinnacle Peak Road. (ANX 07-02) Open Public Hearing: Staff Report: Public Comment: Close Public Hearing: Council Action: No Council action required. 21R PUBLIC HEARING - Rezoning, 104th Avenue and Pinnacle Peak Road PUBLIC HEARING: RE: Rezoning of approximately 5.05 gross acres located at the southeast corner of 104th Avenue and Pinnacle Peak Road from General Agriculture (AG) to Suburban Ranch (SR-35) to allow for the development of up to a 5-lot single-family residential subdivision. 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. 08- 03 approving the rezoning of approximately 5.05 gross acres located at the southeast corner of 104th Avenue and Pinnacle Peak Road from General Agriculture (AG) to Suburban Ranch (SR-35) to allow for the development of up to a 5-lot single-family residential subdivision. (Z07-01) 22R City of Peoria Legislative Program for 2008 State and Federal Legislative Sessions Discussion regarding the City of Peoria Legislative Program for the 2008 State and Federal Legislative Sessions. 23R Contract, Carter Burgess, Inc., Design Services, Union Hills Traffic Interchange Widening Discussion and possible action to: a) Award a contract in an amount not to exceed $496,974 to Carter Burgess, Inc. for design services associated with the construction of the Union Hills Traffic Interchange Widening at State Route 101L (LCON01208); and b) Approve a budget transfer in the amount of $496,974 from the General Fund Contingency Account to the Capital Projects Fund, Street Systems Account. 24R Contract Amendment, Haydon Building Corporation, Branch Library Construction Discussion and possible action to: a) Approve Contract Amendment No. 2 at a Guaranteed Maximum Price of $7,713,520 to Haydon Building Corporation for the construction of a new Branch Library (LCON06806B); b) Authorize expenditures in the amount of $139,444 for construction administration, $921,129 for City-paid project expenses and $700,000 for books, supplies and materials allowance. 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.