CITY OF PEORIA, ARIZONA COUNCIL CHAMBER January 3, 2006 A Regular Meeting of the City Council of the City of Peoria, Arizona was convened at 8401 W. Monroe Street in open and public session at 7:02 p.m. Scout Troop 239, with Senior Patrol Leader Sean Matthews, led the Pledge of Allegiance. Members Present: Mayor John Keegan; Vice Mayor Patricia Dennis and; Councilmembers Bob Barrett, Cathy Carlat, Joan Evans, Vicki Hunt, and Carlo Leone Members Absent: None Other Municipal Officials Present: Terrence Ellis, City Manager; Meredith Flinn, Deputy City Manager; Prisila Ferreira, Deputy City Manager; John Wenderski, Deputy City Manager; Steve Kemp, City Attorney; Mary Jo Kief, City Clerk; David Leonardo, Bob McKibben, David Nakagawara, Neil Mann, Dave Moody, Greg Eckman, Brent Mattingly, and Natalie Gilstrap. Audience: Approximately 80 individuals were present. Mayor John Keegan recognized audience member Margaret Chittenden, Town Councilmember of Youngtown, Arizona. Note: The order in which items appear in the minutes is not necessarily the order in which they were discussed in the meeting. Presentation Eddie Robinson and Sebastian Onyepunuka of the Rising Sun Track Club presented a plaque to the Mayor and Council in recognition of the City’s support of their organization. Certificates of Appointment and Re-appointment Mayor Keegan presented commemorative plaques of appointment to the following Boards and Commissions members: * Randy Panzer - Board of Adjustments; * Lawrence Tysiac - Building Board of Appeals; * Howard Weichsel - Design Review Appeals Board; and * John Chappelle - Design Standards Advisory Board. Presentation Mayor Keegan and Terry Ellis, City Manager, made a presentation honoring Deputy City Managers Prisila Ferreira and Meredith Flinn on their retirement. Mayor Keegan and Mr. Ellis thanked them for their contributions, leadership and commitment to the City of Peoria and presented them with plaques recognizing and honoring their dedication and service. Presentation Mayor Keegan recognized Scout Troop 239 and gave them the floor to make a special presentation. Scout Troup 239 members present: Brandon Bellamy, Sean Goodwin, Paul Kosmata, Steven Kosiba, Sean Matthews, Thomas McHugh, Andy Reynolds, Michael Rivera, Alex Rivera, Tyler Robbins, Ernie Solorio, Daniel Theobald and Daniel Whitteral. Scout leaders present: Richard Bellamy, Rose Ferguson, Karen Matthews, Russ Matthews, Patrick McHugh, Peter Rivera and David Whitteral. Peter Rivera thanked the community and City, specifically Mayor Keegan and Councilmembers Hunt and Leone, for their support after the Scout Troop suffered the loss of Troop equipment and supplies. Mr. Rivera indicated that due to the generous donations and support of the community Scout Troop 239 would like to make a donation to Scout Troop 205 in the City’s partner city of Long Beach, Mississippi. Mr. Rivera and Scout Troop 239 members presented a $500.00 check to Mayor Keegan. Mayor Keegan accepted the donation and thanked them for their generosity. The Mayor indicated that he would present the donation to Scout Troop 205, on behalf of Scout Troop 239, at an upcoming Long Beach, Mississippi City Council meeting. *CONSENT AGENDA: All items listed with an asterisk (C) are considered to be routine by the City Council, and were enacted by one motion. There was no separate discussion of these items during this meeting. Mayor Keegan asked if any Councilmember wished to have an item removed from the Consent Agenda. Councilmember Leone requested that item 6C be removed. A motion was made by Councilmember Leone, seconded by Councilmember Barrett, to approve the Consent Agenda, with the exception of item 6C, as submitted. Upon vote, the motion carried unanimously. CONSENT – New Business 1C Rezoning, Lake Pleasant Parkway and Jomax Road ORDINANCE NO. 06-01 AN ORDINANCE OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA ZONING PROPERTY FROM SUBURBAN RANCH (SR-43) ZONING DISTRICT TO PLANNED AREA DEVELOPMENT (PAD) RESIDENTIAL ZONING DISTRICT; AMENDING THE ZONING MAP AND PROVIDING FOR AN EFFECTIVE DATE. Adopted ORD. 06-01 rezoning 19.76 acres from Suburban Rand (SR-43) to Planned Area Development (PAD), generally located on the southwest corner of Lake Pleasant Parkway and Jomax Road. (Z02-28) 2C Contract, State of Arizona, Department of Emergency Management, Tactical System Robot Approved a four-year intergovernmental agreement with the State of Arizona, Division of Emergency Management (ADEM) authorizing the acceptance of a $15,000 grant for a tactical system robot (LCON00106); and Approved a budget amendment of $15,000 from the Proposed Grants Contingency Account to the Homeland Security Grant Fund. 3C Contract, Peoria Unified School District, Cheyenne Elementary School, Field Lighting Approved an intergovernmental agreement with the Peoria Unified School District for the operation and maintenance of the multipurpose field lighting at Cheyenne Elementary School. (LCON00206) 4C Contract, Peoria Unified School District, Coyote Hills Elementary School, Field Lighting Approved an intergovernmental agreement with the Peoria Unified School District for the operation and maintenance of the multipurpose field lighting at Coyote Hills Elementary School. (LCON00306) 5C Contract, Down to Earth Contracting, Inc., Handicap Ramps, 79th and 83rd Avenues, Sweetwater Road to Cactus Road Approved a contract in the amount of $63,987.63 to Down to Earth Contracting, Inc. for the installation of handicap ramps in the Dave Brown West Unit 1 and the Vineyards subdivisions located between 79th Avenue and 83rd Avenue from Sweetwater Road to Cactus Road (LCON00406); and Approved appropriation and a budget transfer in the amount of $7,567.63 from the Community Development Block Grant Fund, Repairs to Non-City Property Account to the Handicap Ramps Project Account. 6C Contract, Michael Baker, Jr., Inc., Peoria Historic Square Master Plan This agenda item was heard at the end of the Consent Agenda to accommodate Councilmember Leone’s request for a staff presentation and to allow for public comments. 7C Settlement Agreement, Corliss Approved a settlement agreement in Corliss v. City of Peoria, et al. (LCON00606) 8C Contract Amendment, Combs Construction, Cactus Road Widening Project Approved Contract Amendment Nos. 5 and 6 in the cumulative amount of $15,020.06 with Combs Construction Company, Inc. for extra work and quantity adjustments for the Cactus Road Widening Project (LCON00405E and LCON00405F). 9C Budget Appropriation, Fire Department, Fire Inspectors Approved a mid-year budget appropriation in the amount of $48,000 to fund two full-time contract fire inspectors to meet service level demands for new construction and existing occupancy fire inspections. 10C Maintenance Improvement District No. 1011, Rock Springs I, 83rd Avenue and Jomax Road RESOLUTION NO. 06-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEORIA, ARIZONA, DECLARING ITS INTENTION TO CREATE AN IMPROVEMENT DISTRICT TO MAINTAIN LANDSCAPING INCLUDED WITHIN, NEAR AND ADJACENT TO A PARKWAY AND RELATED FACILITIES TOGETHER WITH APPURTENANT STRUCTURES AS SHOWN ON THE PLANS, FOR MAINTENANCE WITHIN AN AREA IN THE CITY OF PEORIA AS DESCRIBED HEREIN; ADOPTING PLANS FOR CITY OF PEORIA MAINTENANCE IMPROVEMENT DISTRICT NO. 1011, ROCK SPRINGS I, AS MORE PARTICULARLY DESCRIBED HEREIN, AND DECLARING THE WORK OR IMPROVEMENT TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT, AND THAT THE COST OF SAID WORK OR IMPROVEMENT SHALL BE ASSESSED UPON A CERTAIN DISTRICT, AND PROVIDING THAT THE PROPOSED WORK OR IMPROVEMENT SHALL BE PERFORMED UNDER ARIZONA REVISED STATUTES TITLE 48, CHAPTER 4, ARTICLE 2, AND AMENDMENTS THERETO AND DECLARING AN EMERGENCY. RESOLUTION NO. 06-02 RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA DECLARING ITS INTENTION TO ORDER THE IMPROVEMENTS OF A CERTAIN AREA WITHIN THE CORPORATE LIMITS OF THE CITY AND CREATING AN IMPROVEMENT DISTRICT KNOWN AS THE CITY OF PEORIA MAINTENANCE IMPROVEMENT DISTRICT NO. 1011, ROCK SPRINGS I; PROVIDING THAT THE COST OF THE MAINTENANCE OF THE LANDSCAPING INCLUDED WITHIN, NEAR, AND ADJACENT TO A PARKWAY AND RELATED FACILITIES TOGETHER WITH APPURTENANT STRUCTURES AS SHOWN ON THE PLANS, SHALL BE ASSESSED UNDER THE PROVISIONS OF TITLE 48, CHAPTER 4, ARTICLE 2, ARIZONA REVISED STATUTES, AS AMENDED; AND DECLARING AN EMERGENCY. Approved the Petition of Formation and adopted RES. 06-01 intention and ordering formation of proposed Maintenance Improvement District No. 1011, Rock Springs I, located on the northeast corner of 83rd Avenue and Jomax Road; and adopted RES. 06-02 ordering the work within the proposed Maintenance Improvement District. 11C Maintenance Improvement District No. 1016, Vistancia Parcel A7, Lone Mountain Road and Sunrise Point RESOLUTION NO. 06-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEORIA, ARIZONA, DECLARING ITS INTENTION TO CREATE AN IMPROVEMENT DISTRICT TO MAINTAIN LANDSCAPING INCLUDED WITHIN, NEAR AND ADJACENT TO A PARKWAY AND RELATED FACILITIES TOGETHER WITH APPURTENANT STRUCTURES AS SHOWN ON THE PLANS, FOR MAINTENANCE WITHIN AN AREA IN THE CITY OF PEORIA AS DESCRIBED HEREIN; ADOPTING PLANS FOR CITY OF PEORIA MAINTENANCE IMPROVEMENT DISTRICT NO.1016, VISTANCIA PARCEL A7, AS MORE PARTICULARLY DESCRIBED HEREIN, AND DECLARING THE WORK OR IMPROVEMENT TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT, AND THAT THE COST OF SAID WORK OR IMPROVEMENT SHALL BE ASSESSED UPON A CERTAIN DISTRICT, AND PROVIDING THAT THE PROPOSED WORK OR IMPROVEMENT SHALL BE PERFORMED UNDER ARIZONA REVISED STATUTES TITLE 48, CHAPTER 4, ARTICLE 2, AND AMENDMENTS THERETO AND DECLARING AN EMERGENCY. RESOLUTION NO. 06-04 RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA DECLARING ITS INTENTION TO ORDER THE IMPROVEMENTS OF A CERTAIN AREA WITHIN THE CORPORATE LIMITS OF THE CITY AND CREATING AN IMPROVEMENT DISTRICT KNOWN AS THE CITY OF PEORIA MAINTENANCE IMPROVEMENT DISTRICT NO. 1016, VISTANCIA PARCEL A7; PROVIDING THAT THE COST OF THE MAINTENANCE OF THE LANDSCAPING INCLUDED WITHIN, NEAR, AND ADJACENT TO A PARKWAY AND RELATED FACILITIES TOGETHER WITH APPURTENANT STRUCTURES AS SHOWN ON THE PLANS, SHALL BE ASSESSED UNDER THE PROVISIONS OF TITLE 48, CHAPTER 4, ARTICLE 2, ARIZONA REVISED STATUTES, AS AMENDED; AND DECLARING AN EMERGENCY. Approved the Petition of Formation and adopted RES. 06-03 intention and ordering formation of proposed Maintenance Improvement District No. 1016, Vistancia Parcel A7, located on the southwest corner of Lone Mountain Road and Sunrise Point; and adopted RES. 06-04 ordering the work within the proposed Maintenance Improvement District. 12C Maintenance Improvement District No. 1029, Baskett Farms South, Lot 2, 87th Avenue and Sweetwater Road RESOLUTION NO. 06-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEORIA, ARIZONA, DECLARING ITS INTENTION TO CREATE AN IMPROVEMENT DISTRICT TO MAINTAIN LANDSCAPING INCLUDED WITHIN, NEAR AND ADJACENT TO A PARKWAY AND RELATED FACILITIES TOGETHER WITH APPURTENANT STRUCTURES AS SHOWN ON THE PLANS, FOR MAINTENANCE WITHIN AN AREA IN THE CITY OF PEORIA AS DESCRIBED HEREIN; ADOPTING PLANS FOR CITY OF PEORIA MAINTENANCE IMPROVEMENT DISTRICT NO. 1029, BASKETT FARMS SOUTH, LOT 2, AS MORE PARTICULARLY DESCRIBED HEREIN, AND DECLARING THE WORK OR IMPROVEMENT TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT, AND THAT THE COST OF SAID WORK OR IMPROVEMENT SHALL BE ASSESSED UPON A CERTAIN DISTRICT, AND PROVIDING THAT THE PROPOSED WORK OR IMPROVEMENT SHALL BE PERFORMED UNDER ARIZONA REVISED STATUTES TITLE 48, CHAPTER 4, ARTICLE 2, AND AMENDMENTS THERETO AND DECLARING AN EMERGENCY. RESOLUTION NO. 06-06 RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA DECLARING ITS INTENTION TO ORDER THE IMPROVEMENTS OF A CERTAIN AREA WITHIN THE CORPORATE LIMITS OF THE CITY AND CREATING AN IMPROVEMENT DISTRICT KNOWN AS THE CITY OF PEORIA MAINTENANCE IMPROVEMENT DISTRICT NO. 1029, BASKETT FARMS SOUTH, LOT 2; PROVIDING THAT THE COST OF THE MAINTENANCE OF THE LANDSCAPING INCLUDED WITHIN, NEAR, AND ADJACENT TO A PARKWAY AND RELATED FACILITIES TOGETHER WITH APPURTENANT STRUCTURES AS SHOWN ON THE PLANS, SHALL BE ASSESSED UNDER THE PROVISIONS OF TITLE 48, CHAPTER 4, ARTICLE 2, ARIZONA REVISED STATUTES, AS AMENDED; AND DECLARING AN EMERGENCY. Approved the Petition of Formation and adopted RES. 06-05 intention and ordering formation of proposed Maintenance Improvement District No. 1029, Baskett Farms South, Lot 2, located at 87th Avenue and Sweetwater Road; and adopted RES. 06-06 ordering the work within the proposed Maintenance Improvement District. 13C Maintenance Improvement District No. 1030, Baskett Farms North, Lot 3, 87th Avenue and Sweetwater Road RESOLUTION NO. 06-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEORIA, ARIZONA, DECLARING ITS INTENTION TO CREATE AN IMPROVEMENT DISTRICT TO MAINTAIN LANDSCAPING INCLUDED WITHIN, NEAR AND ADJACENT TO A PARKWAY AND RELATED FACILITIES TOGETHER WITH APPURTENANT STRUCTURES AS SHOWN ON THE PLANS, FOR MAINTENANCE WITHIN AN AREA IN THE CITY OF PEORIA AS DESCRIBED HEREIN; ADOPTING PLANS FOR CITY OF PEORIA MAINTENANCE IMPROVEMENT DISTRICT NO. 1030, BASKETT FARMS NORTH LOT 3, AS MORE PARTICULARLY DESCRIBED HEREIN, AND DECLARING THE WORK OR IMPROVEMENT TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT, AND THAT THE COST OF SAID WORK OR IMPROVEMENT SHALL BE ASSESSED UPON A CERTAIN DISTRICT, AND PROVIDING THAT THE PROPOSED WORK OR IMPROVEMENT SHALL BE PERFORMED UNDER ARIZONA REVISED STATUTES TITLE 48, CHAPTER 4, ARTICLE 2, AND AMENDMENTS THERETO AND DECLARING AN EMERGENCY. RESOLUTION NO. 06-08 RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA DECLARING ITS INTENTION TO ORDER THE IMPROVEMENTS OF A CERTAIN AREA WITHIN THE CORPORATE LIMITS OF THE CITY AND CREATING AN IMPROVEMENT DISTRICT KNOWN AS THE CITY OF PEORIA MAINTENANCE IMPROVEMENT DISTRICT NO. 1030, BASKETT FARMS NORTH LOT 3; PROVIDING THAT THE COST OF THE MAINTENANCE OF THE LANDSCAPING INCLUDED WITHIN, NEAR, AND ADJACENT TO A PARKWAY AND RELATED FACILITIES TOGETHER WITH APPURTENANT STRUCTURES AS SHOWN ON THE PLANS, SHALL BE ASSESSED UNDER THE PROVISIONS OF TITLE 48, CHAPTER 4, ARTICLE 2, ARIZONA REVISED STATUTES, AS AMENDED; AND DECLARING AN EMERGENCY. Approved the Petition of Formation and adopted RES. 06-07 intention and ordering formation of proposed Maintenance Improvement District No. 1030, Baskett Farms North, Lot 3, located at 87th Avenue and Sweetwater Road; and adopted RES. 06-08 ordering the work within the proposed Maintenance Improvement District. 14C Street Light Improvement District No. 1010, Vistancia Parcel A7, Lone Mountain Road and Sunrise Point RESOLUTION NO. 06-09 RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA DECLARING ITS INTENTION TO ORDER THE PURCHASE OF ELECTRICITY FOR LIGHTING THE STREETS AND PUBLIC PARKS WITHIN THE PROPOSED DISTRICT AND THAT THE COST OF THE PURCHASE OF ELECTRICITY FOR LIGHTING THE STREETS AND PUBLIC PARKS, BE ASSESSED UPON A CERTAIN IMPROVEMENT DISTRICT TO BE KNOWN AS CITY OF PEORIA STREETLIGHT IMPROVEMENT DISTRICT NO. 1010, VISTANCIA PARCEL A7; PROVIDING THAT THE COST OF THE ELECTRICITY REQUIRED TO OPERATE THE SYSTEM BE ASSESSED UNDER THE PROVISIONS OF TITLE 48, CHAPTER 4, ARTICLE 2, ARIZONA REVISED STATUTES, AS AMENDED; AND DECLARING AN EMERGENCY. RESOLUTION NO. 06-10 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA ORDERING THE IMPROVEMENTS OF CERTAIN STREETS AND RIGHTS-OF-WAY WITHIN THE CORPORATE LIMITS OF THE TOWN AND CREATING AN IMPROVEMENT DISTRICT KNOWN AS THE CITY OF PEORIA STREETLIGHT IMPROVEMENT DISTRICT NO. 1010, VISTANCIA PARCEL A7, PURSUANT TO TITLE 48, CHAPTER 4, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO FOR THE PURPOSE OF PURCHASING ELECTRICITY, WHICH INCLUDES A CHARGE FOR THE USE OF LIGHTING FACILITIES AND OTHER RELATED ITEMS TOGETHER WITH ALL APPURTENANT STRUCTURES AS SHOWN ON THE PLANS, AND DECLARING AN EMERGENCY. Approved the Petition of Formation and adopted RES. 06-09 intention and ordering formation of proposed Street Light Improvement District No. 1010, Vistancia Parcel A7, located on the southwest corner of Lone Mountain Road and Sunrise Point; and adopted RES. 06-10 ordering the purchase of electricity for lighting streets and parks within the proposed Street Light Improvement District. 15C Rescinding Street Light Improvement District No. 112, Rose Garden, 107th Avenue and Rose Garden Lane RESOLUTION NO. 06-11 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA ADOPTING A RESOLUTION RESCINDING RESOLUTION OF INTENTION, NO. 99-48 AND RESOLUTION ORDERING WORK, NO. 99-49 FOR STREET LIGHT IMPROVEMENT DISTRICT NO. 112, ROSE GARDEN. Adopted RES. 06-11 rescinding the resolution of intention, No. 99-48, and the resolution ordering the work, No. 99-49, for Street Light Improvement District No. 112, Rose Garden, located on the northeast corner of 107th Avenue and Rose Garden Lane; and authorized reimbursement in the amount of $11,398. 16C Power Distribution Easement, Paseo Verde Park Electrical Supply Connection, 75th Avenue and Greenway Road RESOLUTION NO. 06 -12 RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA, AUTHORIZING THE GRANTING OF AN EASEMENT TO THE SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT FOR AN ELECTRICAL SUPPLY CONNECTION. Adopted RES. 06-12 authorizing the City Manager to execute a power distribution easement to Salt River Project for the electrical supply connection to Paseo Verde Park located at 75th Avenue and Greenway Road. 17C Map of Dedication, 83rd Avenue and Cactus Retail Center (Copper Sky Plaza), 83rd Avenue and Cactus Road Approved the map of dedication for 83rd Avenue and Cactus Retail Center (Copper Sky Plaza), located near the northeast corner of 83rd Avenue and Cactus Road, subject to stipulations. (Project R040190) 18C Final Plat, Entrada, 167th Avenue and State Route 74 Approved the final plat for Entrada at Quintero Golf and Country Club Condominium, located at 167th Avenue and north of State Route 74 (Carefree Highway), subject to stipulations. (Project R040149) 19C Final Plat, La Strada Del Lago, Lake Pleasant Parkway and Jomax Road Approved the final plat for La Strada Del Lago, located on the east side of Lake Pleasant Parkway and south of Jomax Road, subject to stipulations. (Project R050057) 20C Final Plat, Peoria Commerce Centre, 79th Avenue and Olive Avenue Approved the final plat for Peoria Commerce Centre, located on the southeast corner of 79th Avenue and Olive Avenue, subject to stipulations. (Project R050112) 21C Re-Plat, Desert Vista Place (Malko), Ohio Street and Illinois Avenue Approved the re-plat for Desert Vista Place (Malko), Lots 25 and 26, located on the west side of Ohio Street and south of Illinois Avenue, subject to stipulations. (Project R050127) 22C Authorization to Hold an Executive Session Pursuant to A.R.S. § 38-431.03.A.3: Authorized the holding of an Executive Session for the purpose of discussing and consultation with legal counsel for legal advice regarding the purchase and sale of the Challenger Space Center. Note: Executive Session was held after the adjournment of the 7:00 p.m. Regular City Council Meeting. 6C Contract, Michael Baker, Jr., Inc., Peoria Historic Square Master Plan Discussion and possible action to award to award a contract in an amount not to exceed $60,000 to Michael Baker, Jr., Inc. for preparation of the Peoria Historic Square Master Plan (LCON00506). Councilmember Leone requested a staff presentation on this agenda item. David Nakagawara, Community Development Interim Director, reported that the request is to award a contract to Michael Baker, Jr. in the amount of $60,000 for the preparation of a Historic Square Master Plan. The Plan would consist of three alternatives for the relocation of the Women’s Club building and the historic jail. The consultant would provide an in-depth analysis of the two structures relating to costs and relocation viability. The plan would include a Site Plan that would address the outdoor display for period farm equipment, landscape, sidewalks, access and the existing community center amenities. The project also includes a Public Participation Plan that would be administered through the consultant via a Project Advisory Committee (PAC), as well as a Technical Advisory Committee comprised of city staff which would go through a parallel process to that of the PAC. There have been no predeterminations made regarding the siting or where things will be, as this is part of what the consultant is charged with. Priscilla Cook, citizen, spoke of the historical significance of the artifacts and farm equipment and her desire to have them remain at the current location. Kenneth Johnson, citizen, expressed his agreement with Mrs. Cook’s statements and recognized that the plan would include public participation. Mayor Keegan reiterated that public hearings would be held so that the public could have input on the plan. Councilmember Leone spoke regarding the viability and costs related to moving the structures and the potential risk of injury and vandalism to the equipment. Mr. Leone then indicated his willingness to vote on the issue. A motion was made by Councilmember Hunt, seconded by Councilmember Barrett, to approve a contract in an amount not to exceed $60,000 to Michael Baker, Jr., Inc. for preparation of the Peoria Historic Square Master Plan (LCON00506). Terry Ellis, City Manager, commented that the Women’s Club has to be moved due to contractual requirements. Upon vote, the motion carried unanimously. REGULAR AGENDA REGULAR – New Business 23R Election of Vice Mayor Mayor John Keegan opened the floor for nominations for Vice Mayor. Councilmember Carlat nominated Councilmember Barrett and Councilmember Leone nominated himself. Mayor Keegan closed nominations for Vice Mayor. The City Clerk polled the Council for their vote which was as follows: Councilmember Barrett for himself Councilmember Evans for Bob Barrett Councilmember Dennis voted for Bob Barrett Councilmember Carlat voted for Bob Barrett Councilmember Leone voted for himself Councilmember Hunt voted for Bob Barrett Mayor Keegan voted for Bob Barrett Mayor Keegan declared Councilmember Bob Barrett as Vice Mayor with a 6 to 1 vote. Mayor Keegan declared a short recess at 7:45 p.m. and reconvened the meeting at 7:55 p.m. 24R PUBLIC HEARING – Private Club Liquor License – Blackstone Country Club, 31120 Blackstone Drive Public Hearing: Mayor Keegan opened the Public Hearing and asked if any Councilmember or citizen wished to comment on the liquor license application for a new Private Club Liquor License (Series 14) for Blackstone Country Club located at 31120 Blackstone Drive. Applicant: Robert Schmidt. (LL#10004956) Staff Report/Public Comment: Mary Jo Kief, City Clerk, reported that the property had been posted, all reviewing Departments have recommended approval, all fees were paid, and there were no comments received in the City Clerk’s Office. There being no comments from those present and none received in the City Clerk’s Office, Mayor Keegan declared the Public Hearing closed. Council Action: Motion was made by Councilmember Leone, seconded by Councilmember Carlat, to recommend approval to the State Liquor Board for a new Private Club Liquor License (Series 14) for Blackstone Country Club located at 31120 Blackstone Drive. Applicant: Robert Schmidt. (LL#10004956) Upon vote, the motion carried unanimously. 25R PUBLIC HEARING – General Plan Amendment, 67th Avenue and Cactus Road Public Hearing: Mayor Keegan opened the Public Hearing and asked if any Councilmember or citizen wished to comment on the Planning and Zoning Commission’s recommendation to approve and adopt RES. 06-13 amending the Land Use Map of the Peoria General Plan to change the Land Use designation from Low Density Residential (LDR) to Medium Density Residential (MDR) for approximately 19 acres located northwest of 67th Avenue and Cactus Road. David Nakagawara, Community Development Interim Director, gave an overview of the project which would amend the General Plan Use Map to change the Land Use designation from Low Density Residential (LDR) to Medium Density Residential (MDR). A public hearing before the Planning and Zoning Commission was initially scheduled and heard on June 16, 2005, but was continued indefinitely at the applicant’s request so that neighborhood concerns could be addressed. The applicant now intends to develop 111 detached, single-family homes at a gross density of +/- 5.75 du/ac in a residential subdivision. The property is currently zoned C-2 and has been for the past 20 years. Rezoning the property will be addressed in the next agenda item. The Planning and Zoning Commission considered the request at a public hearing held on December 15, 2005 and recommends approval of the proposed amendment. Councilmember Dennis inquired about the change from low density to medium density. Mr. Nakagawara indicated that the proposal provides for smaller lot, single-detached development and a change in the general plan designation is required. He stated that it is considered a good transition from the nearby commercial lots to the single-family detached in the surrounding area. Councilmember Dennis asked whether the proposal is compatible with the neighbors. Mr. Nakagawara responded that several accommodations were made in the zoning proposal that would address those concerns, including single story structures and various other stipulations. Mike Curley, attorney for the developer, indicated that he was available to answer questions. He stated that staff recommends approval and that the Planning and Zoning Commission voted unanimously in favor of the proposal. He further stated that residents are satisfied and enthusiastic about the project. Councilmember Evans stated that the neighbors were initially concerned about the project. She requested that Mr. Curley expand on the accommodations made by the property owner and developer to show the unique quality of the overall project. Mr. Curley provided further information on the restriction of dwelling units on the northern boundary to single-story homes, lot sizes and school access. He spoke of the high quality, attention to detail and the special appearance of the project. Councilmember Dennis expressed her concern about school access via Cactus Road and requested that other accommodations be made for the school access other than Cactus Road. There being no further comments from those present, Mayor Keegan closed the Public Hearing. Council Action: Motion was made by Councilmember Evans, seconded by Vice Mayor Barrett, adopting RES. 06-13 amending the Land Use Map of the Peoria General Plan to change the Land Use designation from Low Density Residential (LDR) to Medium Density Residential (MDR) for approximately 19 acres located northwest of 67th Avenue and Cactus Road. (GPA05-04) Upon vote, the motion carried unanimously. RESOLUTION NO. 06-13 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA AMENDING THE GENERAL PLAN LAND USE MAP, TO CHANGE THE LAND USE DESIGNATION FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL FOR PROPERTY LOCATED NORTHWEST OF CACTUS ROAD AND 67TH AVENUE, FOR THE CITY OF PEORIA, ARIZONA; AND PROVIDING FOR SEPARABILITY AND AN EFFECTIVE DATE. 26R Rezoning, 67th Avenue and Cactus Road David Nakagawara, Community Development Interim Director, gave an overview of the project which would rezone approximately 19.3 acres of property at 67th Avenue and Cactus from C-2 (Intermediate Commercial) zoning to a Planned Area Development (PAD) zoning district subject to specific development standards. The project is called the Gardens on Cactus and consists of approximately 111 lots with a minimum lot size of 3,033 square feet and is subject to 9 project stipulations. At the Planning and Zoning Commission’s public hearing on December 15, 2005, the Commission voted unanimously in favor of recommending approval of the rezone. Motion was made by Councilmember Hunt, seconded by Councilmember Leone, to adopt ORD. 06-02 rezoning approximately 19.3 acres, generally located near the northwest corner of 67th Avenue and Cactus Road, from Intermediate Commercial (C-2) to Planned Area Development (PAD). (Z05-20) Councilmember Dennis expressed her concern regarding the lack of a specific dedication to keep the school children from the arterial roads. She indicated her desire for that to be accomplished prior to moving the issue forward. She again expressed her concern about the children’s safety when walking to school. Upon vote, the motion carried by a 6 to 1 vote. Councilmember Dennis voted nay. ORDINANCE NO. 06-02 AN ORDINANCE OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA ZONING PROPERTY FROM C-2 (INTERMEDIATE COMMERCIAL) ZONING DISTRICT TO A PAD (PLANNED AREA DEVELOPMENT) ZONING DISTRICT AMENDING THE ZONING MAP AND PROVIDING FOR AN EFFECTIVE DATE. CALL TO PUBLIC: (NON-AGENDA ITEMS): There were no public comments forthcoming from those present. Reports from the City Manager: Terry Ellis, City Manager, requested that Police Chief Leonardo give a status report on Officer Bill Weigt who was shot in the line of duty on December 17, 2005. Chief Leonardo reported that Officer Weigt was involved in a homicide pursuit on December 17th which resulted in a traffic stop at 88th and Olive Avenue. The suspect shot at the officers and their vehicles. Officer Weigt sustained one gunshot wound in the left shoulder, above the protective vest. Resulting injuries include permanent paralysis from the chest down. Officer Weigt is currently undergoing physical and respiratory respiration therapy. It is anticipated that Officer Weigt will be discharged from the hospital in the next few days and be sent to a rehabilitation hospital for further rehabilitation. When he is ready, Officer Weigt will be welcomed back to work where he will be assigned to other duties. Prior to giving the Quarterly Roadway and Traffic Improvement Project Report, David Moody, Engineering Director, reported that the Traffic Engineering Division began a new program whereas a moratorium was placed on new construction on many of the City’s major streets and arterials during the holiday season. The new program was initiated due to the growth and congestion that the City of Peoria is experiencing and went into effect on December 5, 2005 and ran through January 1, 2006. The program was 90% successful with the exception of those projects that were already under construction which could not be put on hold. Mr. Moody provided the Quarterly Roadway and Traffic Improvement Project Report, which included information on the following projects: * 107th Avenue & Northern Avenue * Arizona Department of Transportation (ADOT) Alternative Traffic Operations Center * Cotton Crossing Realignment * 83rd Avenue Realignment; Grant to Peoria Avenue * Peoria/Grand/83rd Avenue Connector Street Improvements & Pedestrian Project * Widening Grand Avenue; Loop 101 to 84th Avenue * Loop 101 Quiet Pavement; Northern to Union Hills * 91st Avenue & Monroe Street * Loop 101 Fiber Optic Cable, CCTV Cameras, Dynamic Message Boards * 83rd Avenue & Thunderbird Intersection Improvements * Thunderbird DCR; Loop 101 to West City Limits * Greenway Widening; 75th Avenue to 77th Avenue * 79th Avenue; Greenway Road to Country Gables * 91st Avenue and Greenbrian * Bell Road ITS Project * 83rd Avenue & Union Hills Widening * 67th Avenue; Pinnacle Peak Road to Happy Valley Road * Happy Valley Road; Lake Pleasant Road to Terramar Boulevard * 83rd Avenue & Pinnacle Peak Road * 91st Avenue & Pinnacle Peak Road * Deer Valley Road; 91st Avenue to 83rd Avenue * Lake Pleasant Parkway; Phase 2 to Williams Road * Lake Pleasant Parkway; Phase 3 & 3A Williams Road to West Wing Parkway * Lake Pleasant Parkway & Happy Valley Road * 91st Avenue & Deer Valley * Lake Pleasant Parkway & 83rd Avenue/Fletcher Way * Carefree Road Street Improvements; Agua Fria to Lake Pleasant Parkway Terry Ellis, City Manager, recognized and welcomed audience member Susan Thorpe the new Deputy City Manager for Safety and Administration. Ms. Thorpe starts with the City on Monday, January 9, 2006. Reports from City Council: Councilmember Hunt thanked the groups around Peoria for their efforts during the holidays, especially the firefighter charities which sponsored two events in her district. One event was for children and was held at the Community Center; toys were given out to over 100 families. Councilmember Hunt recognized Councilmember Leone for his service at the event. The second event was held at Parkview Apartments and the firefighter charities gave out gifts to the residents. Councilmember Leone wished everyone a great New Year. He also commented on the great event at the Community Center in Councilmember Hunt’s district, as well as a Senior Citizen event held at the Community Center earlier that same day. Councilmember Leone commended the Parks and Recreation Department for doing a great job on the event. He extended his blessings to everyone and specifically to Officer Weigt and his family. Councilmember Carlat thanked the citizens of Peoria, the Mayor, Council and Mr. Ellis for making her first year in office so gratifying and wished everyone a Happy New Year. Vice Mayor Barrett expressed his appreciation to Deputy City Managers Prisila Ferreira and Meredith Flinn. He also reminded everyone that the Liquor License Hearing for Hot Tamales is scheduled for January 12, 2006 at 9:00 a.m. to be held in downtown Phoenix. Councilmember Evans indicated that the Arizona Broadway Theater’s grand opening is being held tonight. She also thanked staff for their help during the past year and the citizens for their involvement with her and the District. Councilmember Dennis congratulated Deputy City Managers Prisila Ferreira and Meredith Flinn on their retirements and expressed her appreciation for their leadership. She reported that 89th Avenue, north of Cactus, will be closed starting this week through May 3, 2006 and that access to Cactus will be off of 87th Avenue. Reports from Mayor: Mayor Keegan thanked Deputy City Managers Prisila Ferreira and Meredith Flinn for their service to the community. ADJOURNMENT: Being no further business to come before the Council, the meeting was duly adjourned at 8:55 p.m. ______________________________________ John C. Keegan, Mayor ATTEST: ______________________________________ Mary Jo Kief, City Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting of the City Council of Peoria, Arizona held on the 3rd day of January, 2006. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 7th day of February, 2006. (Seal) ______________________________________________ Mary Jo Kief, City Clerk