CITY OF PEORIA, ARIZONA
COUNCIL CHAMBER
March 21, 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 7:01 p.m.

Following a moment of silence, Councilmember Dennis led the Pledge of Allegiance.

Members Present:  Mayor John Keegan; Vice Mayor Bob Barrett; Councilmembers Cathy Carlat, Patricia Dennis, Joan Evans, Vicki Hunt, and Carlo Leone

Members Absent:  None

Other Municipal Officials Present:  Terrence Ellis, City Manager; Susan Thorpe, Deputy City Manager; John Wenderski, Deputy City Manager; Neil Mann, Acting Deputy Manager; Steve Kemp, City Attorney; Mary Jo Kief, City Clerk; Constance Copeland; Greg Eckman: David Leonardo; Dave Moody; Kelly Corsette; Chad Daines; and Bill Mattingly.

Audience:  Approximately 32 individuals were present.

Note:  The order in which items appear in the minutes is not necessarily the order in which they were discussed in the meeting.

CONSENT AGENDA:    All items listed with a “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:

Mayor Keegan asked if any Councilmember wished to have an item removed from the Consent Agenda.  Mayor Keegan removed Item 4C for discussion, and Councilmember Leone requested Item 22C be removed for discussion.  Motion was made by Councilmember Leone, seconded by Councilmember Carlat, to approve the consent agenda as submitted with the exception of Items 4C and 22C. Upon vote, the motion carried unanimously.

1C	MINUTES:	
	Regular Meeting – February 7, 2006

2C	Call and Notice of Election

Directed the City Clerk to publish a Call and Notice of Election that the City will hold a City-wide Primary Election on September 12, 2006 and, if required, a General Election on November 7, 2006.


3C	Code Amendment, Ch. 14, Old Town Mixed Use Districts

	ORDINANCE NO. 06-06

AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA, AMENDING CHAPTER 14 OF THE PEORIA CITY CODE (1977 EDITION), BY AMENDING ARTICLE 14-42, OLD TOWN MIXED USE DISTRICTS; PROVIDING FOR SEPARABILITY AND PROVIDING FOR AN EFFECTIVE DATE. 

Concurred with the Planning and Zoning Commission's recommendation and adopted ORD. 06-06 to amend Chapter 14 of the Peoria City Code (1977 Edition), Article 14-42, Old Town Mixed Use Districts. (TA05-12)

4C	Code Amendment, Ch. 14, Various Sections

	ORDINANCE NO. 06-07

AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA, AMENDING CHAPTER 14 OF THE PEORIA CITY CODE (1977 EDITION), BY AMENDING ARTICLES 14-3 GENERAL PROVISIONS, 14-9, NON-RESIDENTIAL DISTRICTS, 14-35, LANDSCAPE REQUIREMENTS; PROVIDING FOR SEPARABILITY AND PROVIDING FOR AN EFFECTIVE DATE. 

Chad Daines, Planning Manager, reported that Council initiated a text amendment pertaining to outdoor patios.  Mr. Daines advised that current standards classify outdoor dining or patio areas as accessory uses in all districts, and there is no discretionary approval for an outdoor patio.  A conditional use permit is being proposed to be required for all new dining and seating areas that would allow mitigation in terms of adding screening, walls, landscaping, orientation of the patio relative to other uses near it, and establishing hours of operation on outdoor uses.

One of the key pieces of the zoning ordinance is that the area cannot impede pedestrian or traffic maneuverability and maintain its accessory character.  The recommended amendment would limit the areas to 25 percent of the gross floor area of the establishment.

In response to questions from Council, Mr. Daines clarified that the text amendment would apply to any establishment having a patio, including those to accommodate smokers.  Mr. Daines also explained that although the zoning ordinance does not contain noise standards, the goal of the amendment was in terms of noise mitigation by addressing the orientation of the patio and limiting the hours of operation in order to limit the impact on adjacent uses such as a residential development.

Motion was made by Vice Mayor Barrett, seconded by Councilmember Leone, to concur with the Planning and Zoning Commission's recommendation and adopt ORD. 06-07 to amend Chapter 14 of the Peoria City Code (1977 Edition), Article 14-3, General Provisions, Article 14-9, Non-Residential Districts, and Article 14-35 Landscape Requirements (TA06-01).  Upon vote, the motion carried unanimously.

5C	Establish New Classification Salary Ranges and Re-range Current Specified Employee Positions

Approved the recommendations of the Personnel Review Committee regarding the establishment of salary ranges for new classifications and re-ranging of current classifications in the Economic Development Department, Public Works Department, Community Services, Police Department, Utilities Department, and the Office of the City Attorney.

6C	Contract, Malcolm Pirnie, Inc., Greenway Water Treatment Plant

Awarded a consulting services contract for an amount not to exceed $165,100 to Malcolm Pirnie, Inc. for bromate mitigation and granular activated carbon media replacement studies at the Greenway Water Treatment Plant. (LCON02706) (Project W0603)

7C	Contract, Maricopa County Municipal Water Conservation District, Central Arizona Project Water Delivery

Approved a Second Priority Wheeling Agreement with the Maricopa County Water District to allow delivery of Central Arizona Project water through the Beardsley Canal to the Jomax Water Reclamation Facility. (LCON13105A)

8C	Authorize Expenditure, Durham Communications, Police Department Radio Enhancements

Authorized an expenditure in the amount of $97,878 utilizing an existing contract between Cochise County and Durham Communications in order to purchase equipment and labor for radio enhancements. (LCON02806, LCON02906, and LCON03006)

9C	Budget Transfer, Engineering Department, GIS Contract Services

Authorized the use of General Fund reserves and approved a budget transfer in the amount of $40,000 from the General Fund Contingency Account to the Development Engineering Contract Labor Account to obtain GIS contract services.

10C	Budget Transfer, Police Department, Incarceration Fees and Phlebotomy Services

Authorized the use of General Fund Reserves; and approved a budget transfer in the amount of $85,000 from the General Fund Contingency Account to the Patrol Services, Jail Incarceration Account and $10,000 from the General Fund Contingency Account to the Patrol Services, Non-Employee Medical Account.



11C	Budget Transfer, Public Works Department, Solid Waste Transfer Station Feasibility Study

Authorized a budget carryover from Fiscal Year 2005 in the amount of $95,000 for a Transfer Station Feasibility Study; and approved a budget transfer in the amount of $95,000 from the General Fund Contingency Account to the Solid Waste Expansion Fund, Other Professional Services Account.

12C	Budget Transfer, Police Department, Specialized Assignment Unit Van

Approved a budget transfer in the amount of $25,800 from the Proposed Grants Contingency Account to the State Asset Forfeiture Fund to provide expenditure authority for the purchase of a Specialized Assignment Unit Van.

13C	Maintenance Improvement District No. 1032, Blackstone at Vistancia, Parcel B10, El Mirage Road and Blackstone Drive

RESOLUTION NO. 06-44

		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. 1032, BLACKSTONE AT VISTANCIA PARCEL B10, 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. 06-45

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. 1032, BLACKSTONE AT VISTANCIA PARCEL B10; 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. 06-44 intention and ordering formation of proposed Maintenance Improvement District No. 1032, located west of El Mirage Road on Blackstone Drive; and adopted RES. 06-45 ordering the work within the proposed Maintenance Improvement District.

14C	Maintenance Improvement District No. 1034, Vistancia Parcel F-8B, Vistancia Boulevard and Westland Drive

RESOLUTION NO. 06-46

		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. 1034, VISTANCIA PARCEL F-8B, 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. 06-47     

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. 1034, VISTANCIA PARCEL F-8B; 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. 06-46 intention and ordering formation of proposed Maintenance Improvement District No. 1034, located southeast of Vistancia Boulevard and Westland Drive; and adopted RES. 06-47 ordering the work within the proposed Maintenance Improvement District.

15C	Maintenance Improvement District No. 1035, Vistancia Parcel B8, 115th Avenue and Dixileta Road

RESOLUTION NO. 06-48

		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. 1035, VISTANCIA PARCEL B8, 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. 06-49

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. 1035, VISTANCIA PARCEL B8; 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. 06-48 intention and ordering formation of proposed Maintenance Improvement District No. 1035, located east of 115th Avenue and north of Dixileta Road; and adopted RES. 06-49 ordering the work within the proposed Maintenance Improvement District.

16C	Maintenance Improvement District No. 1025, Bedford Village I Retention Basin, 82nd Avenue and Shangri La Road

RESOLUTION NO. 06-50

A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA ORDERING 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. 1025, PURSUANT TO TITLE 48, CHAPTER 4, ARTICLE 2, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO FOR THE PURPOSE OF MAINTAINING LANDSCAPING INCLUDED WITHIN, NEAR, AND ADJACENT TO A PARKWAY AND RELATED FACILITIES TOGETHER WITH APPURTENANT STRUCTURES AS SHOWN ON THE PLANS, AND DECLARING AN EMERGENCY.

Adopted RES. 06-50 ordering the improvements for Maintenance Improvement District No. 1025, Bedford Village I Retention Basin, located at 82nd Avenue and Shangri La Road.







17C	Maintenance Improvement District No. 1044, Bedford Village II Retention Basin, 83rd Avenue and Shangri La Road

RESOLUTION NO. 06-51

A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA ORDERING 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. 1044, PURSUANT TO TITLE 48, CHAPTER 4, ARTICLE 2, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO FOR THE PURPOSE OF MAINTAINING LANDSCAPING INCLUDED WITHIN, NEAR, AND ADJACENT TO A PARKWAY AND RELATED FACILITIES TOGETHER WITH APPURTENANT STRUCTURES AS SHOWN ON THE PLANS, AND DECLARING AN EMERGENCY.

Adopted RES. 06-51 ordering the improvements for Maintenance Improvement District No. 1044, Bedford Village II Retention Basin, located in the vicinity of 83rd Avenue and Shangri La Road.

18C	Disclaim Patent Easements, 78th Avenue and Deer Valley Road

RESOLUTION NO. 06-52

RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZIONA FINDING THAT CERTAIN PUBLIC RIGHTS-OF-WAY DEDICATED TO THE PUBLIC BY THE UNITED STATES OF AMERICA TO BE UNNECESSARY FOR CITY PURPOSES AND NO LONGER REQUIRED TO BE RETAINED BY THE CITY AND DIRECTING THAT SUCH UNNECESSARY PUBLIC RIGHTS-OF-WAY BE DISCLAIMED AND AUTHORIZING THE CITY ENGINEER TO EXECUTE AND RECORD IN THE OFFICE OF THE MARICOPA COUNTY RECORDER THE CITY’S DISCLAIMER OF THE PUBLIC RIGHTS-OF-WAY AS SET FORTH HEREIN AND PROVIDING FOR AN EFFECTIVE DATE.

Adopted RES. 06-52 to disclaim interest in patent easements for roadway and utilities within the Amended Arrowhead Ranch Office Park Condominium Plat, located on 78th Avenue and Deer Valley Road; and authorized the City Manager to sign and record the Disclaimer prior to the approval and recordation of the Condominium Plat. (Project R050046)





19C	Easements, Arizona Public Service, Vistancia Well Sites, El Mirage Road and Jomax Road

RESOLUTION NO. 06-53
RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA, AUTHORIZING THE GRANTING OF TWO EASEMENTS TO ARIZONA PUBLIC SERVICE FOR ELECTRICAL FACILITIES AT THE VISTANCIA WELLS 2 AND 6 SITE.

Adopted RES. 06-53 authorizing the execution of two easements to Arizona Public Service for electrical facilities at Vistancia Well Sites 2 and 6 located in the vicinity of El Mirage Road and Jomax Road.

20C	Deeds and Easements, Various Locations

RESOLUTION NO. 06-54

A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA ADOPTING A RESOLUTION FORMALLY ACCEPTING DEEDS AND EASEMENTS FOR PROPERTY RIGHTS CONVEYED TO THE CITY OF PEORIA. 

Adopted RES. 06-54 accepting deeds and easements for various real property interests acquired by the City and previously recorded by the Maricopa County Recorder's Office.

21C	Designate Roadways, Establish Rights-of-Way, Various 	Locations

	RESOLUTION NO. 06-55

A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA ADOPTING A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF PUBLIC STREETS, TO BE OPENED AND MAINTAINED BY THE CITY.

Adopted RES. 06-55 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.

22C	Dedication, Rights-of-Way, 98th and 99th Avenues and Desert Cove Avenue 

RESOLUTION NO. 06-56

A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA ADOPTING A RESOLUTION AUTHORIZING AND ACCEPTING THE DEDICATION OF CERTAIN REAL PROPERTY FROM IMMANUEL CARING MINISTRIES, INC. AS A PUBLIC STREET WITHIN THE CITY OF PEORIA.

Dave Moody, Director of Engineering, outlined a request to accept the dedication of a public right of way for Desert Cove Avenue, located between 98th and 99th Avenues.  

It was agreed that the Immanuel Care Center would dedicate Desert Cove Avenue under the following conditions:  the City Council was willing to accept the roadway; the City would remove the existing dual median that impairs traffic flow; parking would be restricted in areas that prohibit the access of fire personnel in the case of emergencies in the area; the Care Center would be able to maintain on-street parking where it was deemed to be safe; and the dedication would be made at no cost to the City.

In response to questions from Council, Mr. Moody explained that traffic safety issues currently exist due to the development of the American Legion on the south side of Desert Cove Avenue and the increase in traffic along the private roadway.

Jimmy Carr, a Peoria citizen residing in the Desert Cove community, expressed his concern in regard to traffic safety and access to the area by the Fire Department in case of an emergency.

Motion was made by Councilmember Leone, seconded by Councilmember Hunt to adopt RES. 06-56 accepting the dedication of public rights-of-way for Desert Cove Avenue, located between 98th and 99th Avenues.  Upon vote, the motion carried unanimously.

23C	Condominium Plat, Arrowhead Ranch Office Park, 78th Avenue and Deer Valley Road

Approved the amended condominium plat for Arrowhead Ranch Office Park, located at the southeast corner of 78th Avenue and Deer Valley Road, subject to stipulations. (Project R050046)

24C	Final Plat, 83rd Avenue Professional Center, 83rd Avenue and Greenway Road

Approved the final plat for 83rd Avenue Professional Center, located at the northeast corner of 83rd Avenue and the Greenway Road alignment, subject to stipulations. (Project R050100)

25C	Final Plat, Empire Business Park, 91st Avenue and Cactus Road

Approved the final plat for Empire Business Park, a re-plat of Baskett Farms Lot 1, located at the northeast corner of the 91st Avenue alignment and Cactus Road, subject to stipulations. (Project R050021)

26C	Final Plat, Vistancia Village A, Parcel F5, Westland Road and Vistancia Boulevard

Approved the final plat for Vistancia Village A, Parcel F5, a re-plat of a portion of Tract L, located near the southwest corner of Westland Road and Vistancia Boulevard, subject to stipulations. (Project R050143)

27C	Final Plat, Vistancia Village A, Parcel G3, Lone Mountain Road and Westland Road

Approved the final plat for Vistancia Village A, Parcel G3, located north of Lone Mountain Road and west of Westland Road, subject to stipulations. (Project R050153)

28C	Re-plat, Blackstone at Vistancia, Parcel B2, 131st Avenue and Jomax Road

Re-approved the re-plat of Lots 12 and 13 and portions of Tracts A, B, and C of Blackstone at Vistancia, Parcel B2, located east of the 131st Avenue alignment and north of Jomax Road, subject to stipulations. (Project R050019A)

29C	Re-plat, Vistancia Village A, Parcel A7, Lone Mountain Road and Sunset Boulevard

Re-approved the re-plat of Vistancia Village A, Parcel A7, located at the southwest corner of Lone Mountain Road and Sunset Boulevard, subject to stipulations. (Project R040150A)

30C	Re-plat, Vistancia Village A, Parcel A38, Lone Mountain Road and Sunset Point

Re-approved the re-plat of Vistancia Village A, Parcel A38, a re-plat of Lots 19, 30-32, 55-58 and Tract F, located south of Lone Mountain Road and west of Sunset Point, subject to stipulations. (Project R040160A)

31C	Authorization to Hold an Executive Session

Pursuant to A.R.S. § 38-431.03.A.5: Authorized the holding of an Executive Session for the purpose of discussing and consultation with legal counsel and designated representatives of the public body pertaining to contract negotiations with employee organizations.

Note:  Executive Session was held after the adjournment of the 7:00 p.m. Regular City Council Meeting.


REGULAR AGENDA

NEW BUSINESS

32R	PUBLIC HEARING – Off-Track Wagering License, Turf Paradise/Gallagher’s Food and Fun, 6750 W. Peoria Avenue

Public Hearing:  

Mayor Keegan opened the Public Hearing and asked if any Councilmember or citizen wished to comment on the Off-Track Wagering License for Turf Paradise, Inc. to telecast at Gallagher’s Food and Fun located at 6750 W. Peoria Avenue. Applicant: Eugene Joyce. OT#10005746.

Staff Report/Public Comment:	

Mary Jo Kief, City Clerk, reported that the property had been posted, all reviewing Departments 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 Dennis, seconded by Councilmember Carlat, to recommend approval to the Arizona Racing Commission of an Off-Track Wagering License for Turf Paradise, Inc. to telecast at Gallagher’s Food and Fun located at 6750 W. Peoria Avenue. Applicant: Eugene Joyce. OT#10005746. Upon vote, the motion carried unanimously.

33R	Contract, Arizona Department of Public Safety, GANGNET Participation

An overview of the Arizona GangNet system was presented by Chief of Police, David Leonardo.  Chief Leonardo explained that approval of an agreement with the Arizona Department of Public Safety would provide access to data for the purpose of creating and maintaining a data base of identified criminal street gang members to be shared by all participating agencies for investigative purposes.

Motion was made by Councilmember Evans, seconded by Councilmember Carlat, to approve a Memorandum of Understanding with the Arizona Department of Public Safety for access to gang member data to be used for investigative purposes and shared by all participating agencies (LCON02606).  Upon vote, the motion carried unanimously.


CALL TO THE PUBLIC:  (NON-AGENDA ITEMS)

Mr. John Bolley, a Peoria resident, addressed Council to reiterate his frustration regarding the delay on the completion of road projects in the right of way at 85th Avenue and Deer Valley Road and voiced his concern about traffic safety.

The City had informed Mr. Bolley that the County holds the bond for this project and that the project was started before the land was annexed.  After the annexation, the developer refused to put up a bond with the City, and as a result, the City will not allow the developer to sell any lots until this project is completed.  

Dave Moody, Director of Engineering, updated Mr. Bolley and Council on the road project.  Mr. Moody explained that there is a conflict between the contractor and one of the utilities and noted the City will hold the contractor to their commitments.

Mr. Sheldon (Smokey) Stover, a Peoria resident, announced that a benefit for Officer Weigt would be held on April 29, 2006, at the Masonic Lodge located on 107th Avenue near Union Hills Driver.

Reports from the City Manager:

Dave Moody, Engineering Director, provided the Quarterly Roadway and Traffic Improvement Project Report, which included information on the following projects:

* 107th Avenue and Northern Avenue Traffic Signal
* Loop 101 Quiet Pavement; Northern Avenue to Grand Avenue
* 91st Avenue and Monroe Street
* Arizona Department of Transportation (ADOT) Alternative Traffic Operations Center
* Grand Avenue Widening; Loop 101 to 84th Avenue
* Loop 101 Fiber Optic Cable, CCTV Cameras, Dynamic Message Boards
* Thunderbird Design Concept Report; Loop 101 to West City Limits
* 83rd Avenue and Thunderbird Road Intersection Improvements
* Cotton Crossing Realignment
* Peoria Avenue/Grand Avenue/83rd Avenue Connector Street Improvements and Pedestrian Project
* 91st Avenue and Greenbrian Road Traffic Signal
* Bell Road ITS Project
* 83rd Avenue and Union Hills Widening
* Loop 101; Skunk Creek to Union Hills Drive
* 79th Avenue; Greenway Road to Country Gables Drive
* Beardsley Road Extension
* Lake Pleasant Parkway; 83rd Avenue and Fletcher Way
* Deer Valley Road; 83rd Avenue to 91st Avenue
* Deer Valley Road and 91st Avenue Traffic Signal
* 91st Avenue and Pinnacle Peak Road
* 83rd Avenue and Pinnacle Peak Road
* Happy Valley Road; Lake Pleasant Parkway to Terramar Boulevard
* 67th Avenue; Pinnacle Peak Road to Happy Valley Road
* Lake Pleasant Parkway; 95th Avenue to Williams Road
* Lake Pleasant Parkway and Happy Valley Road
* Lake Pleasant Parkway and Pinnacle Peak Road

Reports from City Council:

Councilmember Evans thanked Police Chief Leonardo for giving the City the opportunity to participate in the GangNet program.

Councilmember Carlat reported that the Council had attended a 2-day workshop to study policy directives and a meeting regarding the 10-year Capital Improvement Program.  She also urged citizens to attend the upcoming Budget Study Sessions in April.

Councilmember Leone indicated he had recently attended a pancake breakfast at the Immanuel Care Center and updated the residents on current events in Peoria. He also noted that approximately 100 volunteers were in attendance at a Luncheon for the Diamond Club held at the Peoria Sports Complex on March 20, 2006.

Reports from the Mayor:	None.

ADJOURNMENT:

Being no further business to come before the Council, the meeting was duly adjourned at 8:00 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 21st day of March, 2006. I further certify that the meeting was duly called and held and that a quorum was present.

Dated this 16th day of May, 2006.                                                   

(Seal)