CITY OF PEORIA, ARIZONA COUNCIL CHAMBER April 18, 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 7:04 p.m. Following a moment of silence, Vice Mayor Barrett 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; Carl Swenson, Deputy City Manager; Steve Kemp, City Attorney; Mary Jo Kief, City Clerk; Constance Copeland, Assistant City Clerk; Bob McKibben, Grady Miller, Dave Moody, J.P. de la Montaigne, Steve Prokopek, Rocky Smith, Sandy Teetsel and Greg Eckman. Audience: Approximately 21 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. PRESENTATION: Jim Migliorino, Director of Fiscal Services of the Deer Valley School District, presented the City with a plaque in recognition of the assistance provided by the Mayor, Council, City Staff, City Manager, Fire Chief and Police Chief with the opening the West Wing Elementary School. Mayor Keegan accepted the plaque on behalf of the City and expressed his appreciation of the Deer Valley School District. CONSENT AGENDA CONSENT AGENDA: All items listed with a “C” are considered to be routine or have been previously reviewed by the City Council, and may be enacted by one motion. CONSENT – New Business: Mayor Keegan asked if any Councilmember wished to have an item removed from the Consent Agenda. No comments were received. Mayor Keegan announced that he would abstain from voting on item 13C Water Line Easement, 79th Avenue and Greenway Road because of a family member’s interest. Motion was made by Councilmember Evans, seconded by Councilmember Leone, to approve the consent agenda as submitted. Upon vote, the motion carried unanimously with Mayor Keegan abstaining on item 13C Water Line Easement, 79th Avenue and Greenway Road. 1C MINUTES: Approved Study Session – February 21, 2006 Regular Meeting – February 21, 2006 Regular Meeting – March 7, 2006 2C Boards and Commissions Appointment Adopted RES. 06-68 appointing Alicia Snarr as a regular member to the Library Board. 3C Placing Referendum on September 12, 2006 Ballot RESOLUTION NO. 06-69 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA DIRECTING THAT A REFERENDUM SUBMITTED BY THE QUALIFIED ELECTORS OF THE CITY DEMANDING THAT ORDINANCE NO. 05-67B BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY FOR APPROVAL BE PLACED ON THE BALLOT FOR SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF PEORIA, ARIZONA, AT THE REGULAR ELECTION TO BE HELD ON SEPTEMBER 12, 2006. Adopted RES. 06-69 ordering Referendum No. 06-01 directing Ordinance No. 05-67B be referred to the qualified electors of the City at the September 12, 2006 regular election. 4C Authorize Expenditure, Rio Vista Community Park, Information Technology Costs a) Authorized expenditures in the amount of $100,000 for information technology costs for the concession and maintenance buildings at Rio Vista Community Park due to an earlier construction schedule for park improvements; and b) Approved a budget transfer in the amount of $100,000 from the Citywide Park Impact Fee Fund – Park Improvements Account to the Citywide Park Impact Fee Fund – IT Technology Systems Account. 5C Authorize Expenditure, Information Technologies, Financial System Upgrade a) Authorized expenditures in the amount of $48,000 to Cedar Crestone for professional consulting services for assistance in upgrading the PeopleSoft financial system; b) Authorized the use of General Fund Reserves; and c) Approved a budget transfer in the amount of $48,000 from the General Fund Contingency Account to the Information Technology Project Fund – Other Professional Services Account. 6C Budget Transfer, Community Services Department, Rio Vista Park Boulevard Realignment Study Approved a budget transfer in the amount of $11,713 from the General Fund Contingency Account to the Outside Sources Fund Account for a realignment study of Rio Vista Park Boulevard. 7C Contract Amendment, Arizona State Land Department, Cooperative Fire Rate Agreement Approved the 2006-2008 State Forester’s Cooperative Fire Rate Agreement with the Arizona State Land Department. (LCON07300B) 8C Contract Amendment, BCC Development, Inc., Acura Dealership, 92nd Avenue and Bell Road Authorized the City Manager to enter into an amendment to a development agreement with BCC Development, Inc. for an Acura dealership located at the northeast corner of 92nd Avenue and Bell Road. (LCON11203C) 9C Contract Amendment, City of Phoenix, Dispatch Services Approved an exhibit amending an Intergovernmental Agreement with the City of Phoenix outlining Fiscal Year 2007 fees for the provision of dispatch services and technical support for the Fire Department. (LCON07105A) 10C Maintenance Improvement District No. 198, Vistancia Parcel C22, Trilogy Boulevard and Eagle Trail RESOLUTION NO. 06-70 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. 198, VISTANCIA PARCEL C22, 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. 06-71 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. 198, VISTANCIA PARCEL C22; 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. 06-70 intention and ordering formation of proposed Maintenance Improvement District No. 198, Vistancia Parcel C22, located at the northwest corner of Trilogy Boulevard and Eagle Trail; and adopted RES. 06-71 ordering the work within the proposed Maintenance Improvement District. 11C Maintenance Improvement District No. 204, Vistancia Parcel C28, Trilogy Boulevard and Eagle Trail RESOLUTION NO. 06-72 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. 204, VISTANCIA PARCEL C28, 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. 06-73 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. 204, VISTANCIA PARCEL C28; 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. 06-72 intention and ordering formation of proposed Maintenance Improvement District No. 204, Vistancia Parcel C28, located at the southeast corner of Trilogy Boulevard and Eagle Trail; and adopted RES. 06-73 ordering the work within the proposed Maintenance Improvement District. 12C Utility Easement, 83rd Avenue and Paradise Lane RESOLUTION NO. 06-74 RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA, AUTHORIZING THE GRANTING OF A PUBLIC UTILITY and ARIZONA PUBLIC SERVICE EASEMENT FOR THE INSTALLATION AND RELOCATION OF UTILITES ADJACENT TO AND NEAR ARIZONA PEORIA CENTER AT ARROWHEAD Adopted RES. 06-74 authorizing the City Engineer to execute a public utility easement and a utility easement to Arizona Public Service for the installation and relocation of utilities adjacent to the Peoria Center at Arrowhead located at the southeast corner of 83rd Avenue and Paradise Lane. 13C Water Line Easement, 79th Avenue and Greenway Road Note: Mayor Keegan announced that he would abstain from voting on this item (13C Water Line Easement, 79th Avenue and Greenway Road) because of a family member’s interest. The motion was made for all items on the Consent Agenda. (Motion was made by Councilmember Evans, seconded by Councilmember Leone, to approve the consent agenda as submitted. Upon vote, the motion carried unanimously with Mayor Keegan abstaining.) a) Authorized the acquisition of a 20-foot water line easement and a 20-foot temporary construction easement for the installation of a 24-inch water line for the transmission of water from the Greenway Water Treatment Plant to the storage facility at the Peoria Sports Complex well site (LCON03506); and b) Authorized the City Manager to execute documents necessary for transfer of the property to the City. 14C Deeds and Easement, Various Locations RESOLUTION NO. 06-75 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. 06-75 accepting deeds and easements for various real property interests acquired by the City and previously recorded by the Maricopa County Recorder’s Office. 15C Designate Roadways, Establish Rights-of-Way, Various Locations RESOLUTION NO. 06-76 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. 06-76 designating various real properties to be used as City roadways and authorized the establishment of public rights-of- way to be opened and maintained by the City as a public street. 16C Map of Private Tract Dedication, Trilogy Boulevard at Vistancia Approved the map of private tract dedication for Trilogy Boulevard at Vistancia, Phase 2, located north of Jomax Road and west of Vistancia Boulevard, subject to stipulations. (Project R050068) 17C Condominium Plat, Copper Sky Plaza, 83rd Avenue and Cactus Road Approved the condominium plat for Copper Sky Plaza located near the northeast corner of 83rd Avenue and Cactus Road. (Project R050206) 18C Final Plat, Kati Kourt, 93rd Avenue and Buckskin Trail Approved the final plat for Kati Kourt, a four-lot subdivision located at the southwest corner of 93rd Avenue and Buckskin Trail, subject to stipulations. (Project R050215) REGULAR AGENDA NEW BUSINESS 19R PUBLIC HEARING – Off-Track Wagering License Renewal, Various Locations PUBLIC HEARING: Mayor Keegan opened the Public Hearing and asked if any Councilmember or citizen wished to comment on a request for Off- Track Wagering License renewals for: a) Grand Inn located at 8955 N.W. Grand Avenue. Applicant: James M. Gundry, agent for Yavapai Downs. OTW#10002871; and b) McDuffy’s Sports Bar located at 15814 N. 83rd Avenue. Applicant: James M. Grundy, agent for Yavapai Downs. OTW#10002872. Staff Report/Public Comment: Mary Jo Kief, City Clerk, reported that the properties had been properly posted, all reviewing Departments had recommended approval, all fees were paid, and there were no comments received in the City Clerk’s Office. Mayor Keegan asked Police Chief Leonardo if the Police Department had any concerns with recommending approval as one of the applicants was McDuffy’s Sports Bar. Police Chief Leonardo responded that the Police Department had taken no position against the application. 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 Councilmember Leone, seconded by Vice Mayor Barrett, to recommend approval to the Arizona Racing Commission Off-Track Wagering License renewals for: a) Grand Inn located at 8955 N.W. Grand Avenue. Applicant: James M. Gundry, agent for Yavapai Downs. OTW#10002871; and b) McDuffy’s Sports Bar located at 15814 N. 83rd Avenue. Applicant: James M. Grundy, agent for Yavapai Downs. OTW#10002872. Upon vote, the motion carried unanimously. 20R PUBLIC HEARING – Restaurant Liquor License, Kabuki Sushi & Grill, 8378 W. Thunderbird Road PUBLIC HEARING: Mayor Keegan opened the Public Hearing and asked if any Councilmember or citizen wished to comment on a request for a new Restaurant Liquor License (Series 12) for Kabuki Sushi & Grill located at 8378 W. Thunderbird Road, Suite B107. Applicant: Shin David Chae-uk. LL#10005958. Staff Report/Public Comment: Mary Jo Kief, City Clerk, reported that the property had been properly posted, all reviewing Departments had recommended approval, all fees were paid, and there were no comments received in the City Clerk’s Office. Councilmember Evans stated that she found inaccuracies on the map presented as part of the application. Councilmember Evans stated that the information on the application should be accurate. Steve Kemp, City Attorney, advised that as long as the required schools and churches were listed, the application could be voted upon. Councilmember Evans responded that some churches and one restaurant were not listed on the application. Terry Ellis, City Manager, suggested that the item be recessed for two weeks. Council Action: Mayor Keegan declared the item recessed until the May 2, 2006 Council meeting. 21R PUBLIC HEARING – Beer and Wine Off-Sale Liquor License, Grand Market, 8385 N.W. Grand Avenue PUBLIC HEARING: Mayor Keegan opened the Public Hearing and asked if any Councilmember or citizen wished to comment on a request for a new Beer and Wine Off-Sale Liquor License (Series 10) for Grand Market located at 8385 N.W. Grand Avenue. Applicant: Hana Garmo. LL#10005962. Staff Report/Public Comment: Mary Jo Kief, City Clerk, reported that the property had been properly posted, all reviewing Departments had recommended approval, all fees were paid, and there were no comments received in the City Clerk’s Office. Council Action: Councilmember Evans stated that there were inaccuracies in this liquor application. Councilmember Carlat advised that the State Liquor Board had the final say in the approval. Councilmember Carlat stated that there were red flags in the application for her; she added that her statement to the State Liquor Board would be to provide “due diligence” in the review of this application. Councilmember Carlat stated that she would be voting “no.” Mayor Keegan stated that this item would be recessed until the May 2, 2006 Council meeting. 22R Recommended Salary Increases from the Citizens Commission on Salaries for Elected City Officials Steve Kemp, City Attorney, explained that if the Citizens Commission on Salaries for Elected City Officials recommended an increase less than 5.1 percent, the recommendation does not have to go on the ballot for the voters approval. Mr. Kemp added that the Council cannot change the recommendation. Mr. Kemp explained that the Commission did look at comparable cities. The Commission recommended an increase to $2,403 per month and an increase of Council salary to $1,602 per month effective January 2, 2007. Mayor Keegan stated that he had been interviewed by a local newspaper and had given a half-hour interview. Mayor Keegan stated that he was not running for Mayor. Mayor Keegan explained that as part of a much larger discussion he had commented to the reporter that he believed that the salaries were too low. People who serve Peoria as Mayor and Councilmembers should receive a significantly higher salary. Motion made by Councilmember Carlat, seconded by Councilmember Dennis, to approve the recommendation of the Citizens Commission on Salaries for Elected City Officials to increase the salaries of the Mayor and City Council effective January 2, 2007. Upon vote, the motion carried unanimously. CALL TO PUBLIC: (NON-AGENDA ITEMS) Reports from the City Manager: Summary Report – Peoria Spring 2006Training Terry Ellis, City Manager, asked J.P. de la Montaigne, Community Services Director, to present a summary report on the 2006 Peoria Spring Training season. Mr. de la Montaigne highlighted the 2006 Spring Training season at the Peoria Sports Complex. He reported that over 200,000 fans attended Cactus League games at the Peoria Sports Stadium. The attendance was less than the previous year because two games were rained out and another two games were delayed because of the rain. Mr. de la Montainge noted that the total economic impact for Peoria from the Cactus League 2006 season is estimated to be $36.7 million. He thanked the 600 “Red Shirt” volunteers who provide valuable support for the Stadium. Mr. de la Montainge added that the fans loved the new video scoreboard which also generates revenue from the sale of advertising space. In response to questions from Council, Mr. de la Montaigne reported that tickets from rained out games are refunded if they are mailed back to the City for a refund. Councilmember Dennis thanked Staff and the volunteer Red Shirts for an excellent job at the Stadium. Reports from City Council: Vice Mayor Barrett reported that he had attended an early morning dedication of the new solar powered heating and cooling system at the Desert Outdoor Center at Lake Pleasant. He noted that the system will both heat and cool the Center. This will save 25 percent on the power usage at the Desert Outdoor Center. Vice Mayor Barrett also reported that he had attended the Arizona Town Hall discussing the topics of growth and resources. He reported that he was honored to write the language for the Town Hall report regarding water. Vice Mayor Barrett also noted that this day in 1969 he had joined the Army and served in Viet Nam. He thanked the public for their support of the troops serving today. Councilmember Leone reported he had attended the Raymond Kellis High School Annual Dinner at the Glendale Civic Center for school employees who received service awards. Councilmember Leone added that he had also attended the Youth Government Day and participated in the mock Council Meeting. Councilmember Leone stated that every Thursday there is a special event in the City amphitheater, and he invited the public to attend. Councilmember Hunt thanked the public for their patience during the construction period in the downtown area. Councilmember Hunt also described the construction progress of the new Community Theater. In addition, Councilmember Hunt reported that the Peoria Women’s Club will sponsor a Painted Chair silent auction next week to raise money for Theater Works. Councilmember Hunt also thanked Staff and the Red Shirts for their service at the Peoria Sports Complex. Reports from the Mayor: None ADJOURNMENT: Being no further business to come before the Council, the meeting was duly adjourned at 7:35 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 18th day of April, 2006. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 20th day of June, 2006. (Seal) ______________________________________________ Mary Jo Kief, City Clerk