CITY COUNCIL SPECIAL MEETING NOTICE & AGENDA July 11, 2006 A Special Meeting of the City Council of the City of Peoria, Arizona was convened at 8401 W. Monroe Street in open public session at 4:04 p.m. Members Present: Mayor John Keegan; Councilmembers Pat Dennis; Joan Evans; Pat Hickson; Cathy Carlat; and Carlo Leone. Members Absent: Vice Mayor Vicki Hunt Audience: Approximately 25 Other Municipal Officials Present: Terrence Ellis, City Manager; Susan Thorpe, Deputy City Manager; Carl Swenson Deputy City Manager; John Wenderski, Deputy City Manager; Mary Jo Kief, City Clerk; Constance Copeland, Assistant City Clerk; Stephen Bontrager, J.P. de la Montaigne, Brent Mattingly, Grady Miller, Steve Prokopek, Sandy Teetsel, Glen Van Nimwegen, Greg Eckman, Neil Mann, Bob McKibben, Dave Moody, John Schell, Jeff Tyne and Cheryl Boswell. 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: Councilmember Leone requested that agenda item 15C be heard separately. Motion was made by Councilmember Dennis, seconded by Councilmember Carlat, to approve the consent agenda with the exception of 15C which was heard separately. Upon vote, the motion carried unanimously. 1C Appointments, Boards and Commissions Concurred with the City Council Subcommittee on Boards and Commissions Appointments and adopted RES. 06-117 and RES. 06-118 appointing members to the following Boards: RESOLUTION 06-117 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA, ACCEPTING THE RESIGNATION OF JOE MANNING AND APPOINTING CHUCK FITZGERALD TO THE PARKS AND RECREATION BOARD AND ESTABLISHING THE TERMS OF OFFICE THEREOF. RESOLUTION 06-118 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA, APPOINTING TYLER ASHCROFT, CAITLIN SIMS, ROBERT BELANGER, JAKE BLEVINS, BROOKE FERGUSON, LILI FERNANDEZ, KRISTEN MATHESON, KELLY QUINN, SHELBIE STALEY AND GILBERT ROMERO TO THE YOUTH ADVISORY BOARD AND ESTABLISHING THE TERMS OF OFFICE THEREOF. 2C Code Amendment, Ch. 2, Boards and Commissions ORDINANCE NO. 06-22 AMENDING CITY CODE SECTION 2-154, VACANCIES; BOARDS, COMMISSIONS AND COMMITTEES; AMENDING CITY CODE SECTION 2156, BOARDS AND COMMISSIONS QUALIFICATIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Adopted ORD. 06-22 amending Chapter 2 of the Peoria City Code (1992 Edition), Sections 2-154 and 2-156, revising the residency requirements for the two new members of the Building Board of Appeals with fire protection and hazardous materials backgrounds. 3C Property Acquisition/Eminent Domain, 99th Avenue and Northern Avenue RESOLUTION NO. 06-119 A RESOLUTION OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA DECLARING A PUBLIC NEED AND NECESSITY AND A PUBLIC USE; AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO ACQUIRE ON BEHALF OF THE CITY OF PEORIA THROUGH DONATION, OUTRIGHT PURCHASE OR UNDER THE POWER OF EMINENT DOMAIN FOR PUBLIC PURPOSES OF ALL INTEREST IN CERTAIN DESCRIBED REAL PROPERTY IN THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA, IN ORDER FOR THE CITY TO PROPERLY AND ADEQUATELY IMPROVE AND DEVELOP A STORM DRAIN AS A MATTER OF PUBLIC NEED AND NECESSITY; REFERENCING TITLE 12 OF STATE LAW CONCERNING THE EXERCISE OF EMINENT DOMAIN FOR PUBLIC ROADS, STREETS, AND PUBLIC SAFETY PURPOSES; STATING THE CONCLUSION OF THE COMMUNITY DEVELOPMENT DEPARTMENT THAT THE ACQUISITION IS IN CONFORMITY WITH THE ADOPTED GENERAL PLAN; AS A MATTER OF PUBLIC NEED AND NECESSITY AND DECLARING AN EMERGENCY. Adopted RES. 06-119 authorizing the acquisition of a 10-foot strip of property by purchase or the exercise of the power of eminent domain for installation of a storm drain at the northwest corner of 99th Avenue and Northern Avenue. (LCON06906) 4C Property Acquisition/Eminent Domain, 83rd Avenue and Shangri La Road RESOLUTION NO. 06-120 A RESOLUTION OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA DECLARING A PUBLIC NEED AND NECESSITY AND A PUBLIC USE; AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO ACQUIRE ON BEHALF OF THE CITY OF PEORIA ALL INTEREST IN CERTAIN DESCRIBED REAL PROPERTY IN THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA (IDENTIFIED GENERALLY AS PARCEL NO. 142-07-170), IN ORDER FOR THE CITY TO PROPERLY MAINTAIN THE PROPERTY AND OTHER PUBLIC PURPOSES AS A MATTER OF PUBLIC NEED AND NECESSITY; AND DECLARING AN EMERGENCY. RESOLUTION NO. 06-121 A RESOLUTION OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA DECLARING A PUBLIC NEED AND NECESSITY AND A PUBLIC USE; AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO ACQUIRE ON BEHALF OF THE CITY OF PEORIA UNDER EMINENT DOMAIN ACTION FOR PUBLIC PURPOSES ALL INTEREST IN CERTAIN DESCRIBED REAL PROPERTY IN THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA (IDENTIFIED GENERALLY AS PARCEL NO. 142-07-220), IN ORDER FOR THE CITY TO PROPERLY MAINTAIN THE PROPERTY AND OTHER PUBLIC PURPOSES AS A MATTER OF PUBLIC NEED AND NECESSITY; AND DECLARING AN EMERGENCY. Adopted RES. 06-120 and RES. 06-121 authorizing the City Attorney to initiate eminent domain action to acquire two parcels of property currently platted as common retention basins located in the vicinity of 83rd Avenue and Shangri La Road. (LCON07006 and LCON07106) 5C Grant, Arizona Office of Tourism, Tourism and Spring Training Promotion Accepted a grant in the amount of $62,742 from the Arizona Office of Tourism for promoting tourism and spring training (LCON07206); and Approved a budget transfer in the amount of $62,742 from the Proposed Grand Fund Contingency Account to the Arizona Office of Tourism Grant Fund, Other Professional Services Account. 6C Grant, Maricopa County Department of Emergency Management Accepted a grant in the amount of $924 for heat emergency shelter training and awareness and $3,000 for the Neighborhood Watch program from the Maricopa County Department of Emergency Management (LCON07306); and Approved a budget amendment in the amount of $3,924 from the Proposed Grant Contingency Account to the Homeland Security Account. 7C Contract, Arizona Department of Transportation, Alternative Traffic Operations Center Approved an intergovernmental agreement with the State of Arizona Department of Transportation to allow the State to locate its Alternative Traffic Operations Center within the Traffic Management Center of the new Development and Community Services Building (LCON07406); and Approved a budget transfer in the amount of $296,000 from the General Fund Building and Improvements Account to the Capital Project Outside Sources Building and Improvements Account. 8C Contract, Regional Public Transit Authority Approved a contract with the Regional Public Transit Authority for an update to the City of Peoria Transit Plan (LCON07506); and Authorized a budget adjustment and expenditures in an amount not to exceed $85,000 from the General Fund Contingency Account to the Transportation Sales Tax Other Professional Services Account for services provided to update the transit plan. 9C Contract, City of Glendale, Arizona Sports and Tourism Authority Stadium, Law Enforcement and Security Services Authorized the City Manager to execute an intergovernmental agreement with the City of Glendale to provide law enforcement and security services at the Arizona Sports and Tourism Authority Stadium. (LCON07606) 10C Contract, Project Engineering Consultants, Sewer Trunk Line Rehabilitation Approved a contract in an amount not to exceed $312,700 with Project Engineering Consultants for the rehabilitation of two large diameter sewer trunk lines. (LCON07706) 11C Contract, S.J.L. Construction of Arizona, 79th Avenue Waterline Construction, Greenway Road to the Peoria Sports Complex Approved a contact in the amount of $1,248,193.64 with S.J.L. Construction of Arizona for the 79th Avenue waterline construction from Greenway Road to the Peoria Sports Complex. (LCON07806) 12C Settlement Agreement, City of Peoria v. Caldarazzo Approved a settlement agreement in City of Peoria v. Caldarazzo, et al. (LCON07906) 13C Contract Amendment, Municipal Judge RESOLUTION NO. 06-122 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA, APPOINTING GEORGE T. ANAGNOST AS PRESIDING JUDGE OF THE PEORIA MUNICIPAL COURT; ESTABLISHING THE TERM OF OFFICE THEREOF, AND DECLARING AN EMERGENCY. Adopted RES. 06-122 reappointing Judge George T. Anagnost to a new four-year term as the Presiding Municipal Judge; and Approved Contract Amendment No. 8 to the contract for Municipal Judge services. (LCON05696H) 14C Contract Amendment, City Attorney Approved Contract Amendment No. 9 to the terms and conditions of the employment agreement with the City Attorney. (LCON00296I) 15C - Note: This item heard separately following the other Consent Agenda Items. 16C Contract Amendment, Durham Communications, Inc. Radio Maintenance Services Approved Contract Amendment No. 3 in the amount of $29,370.92 with Durham Communications, Inc. for radio maintenance services. (ACON28303C) 17C Contract Amendment, Haydon Building Corp., Development and Community Services Building Approved Contract Amendment No. 4 for a Guaranteed Maximum Price of $3,671,619 with Haydon Building Corp. for procurement of long lead construction components for the Development and Community Services Building project. (LCON08005D) 18C Contract Amendment, Water Quality and Training, Project Management Services, Water Reclamation Facilities Approved Contract Amendment No. 3 in an amount not to exceed $411,946 with Water Quality and Training for project management services associated with the Butler Drive, Jomax and Beardsley Water Reclamation Facilities and the Quintero Water Treatment and Water Reclamation Plants. (LCON15204C) 19C Contract Amendment, Premier Engineering, Drainage Improvements, 89th Avenue and Williams Road Approved Contract Amendment No. 1 in the not-to-exceed amount of $52,925.40 with Premier Engineering for the design of drainage improvements at the intersection of 89th Avenue and Williams Road (LCON01306A); and Approved a budget transfer in the amount of $52,925.40 from the GO Bond Fund, Storm Drain System Land Account to the GO Bond Fund, Storm Drain System Design Account. 20C Contract Amendment, Damon S. Williams and Associates, Phase III, Arsenic Treatment Mitigation Approved Contract Amendment No. 3 in an amount not to exceed $119,680 with Damon S. Williams and Associates for Phase III of an arsenic treatment mitigation study. (LCON09703C) 21C Contract Amendment, Pierson Construction Corp., Mobile Town Water System Improvements and Street Rehabilitation, 91st Avenue and Grand Avenue Approved Contract Amendment No. 1 in the amount of $105,000 with Pierson Construction Corp. for the Mobile Town water system and street rehabilitation improvement project. (LCON13605A) 22C Contract Amendment, Kimley-Horn and Associates, Intersection Improvements, 91st Avenue and Olive Avenue Approved Contract Amendment No. 1 in the amount of $48,993 with Kimley-Horn and Associates for design services for intersection improvements at 91st Avenue and Olive Avenue. (LCON07405A) 23C Authorize Expenditure, CCS Presentation Systems, Audio Visual Equipment, Beardsley Water Reclamation Facility Authorized an expenditure in an amount not to exceed $96,922.81 utilizing a State contract with CCS Presentation Systems for delivery and installation of audio visual equipment at the Beardsley Water Reclamation Facility Operations Building. 24C Authorize Expenditure, Mohave Educational Services, Greenway Channel and New River Trail Construction Authorized an expenditure in the amount of $401,484 to Mohave Education Services Cooperative under Job Order Contracting Contract (04E-CENT-0901) through Centennial Contractors; and Authorized expenditures in the amount of $34,900 for miscellaneous project expenses for construction of 5,900 linear feet of asphalt trail along the Greenway Channel and New River and a pedestrian bridge over the Greenway Channel. 25C Authorize Expenditure, Mohave Educational Services, Intersection Improvements, 83rd Avenue and Pinnacle Peak Road Authorized an expenditure in the amount of $623,075.56 to Mohave Educational Services Cooperative under Job Order Contracting Contract (04E-CENT-0901) through Centennial Contractors for construction of surface improvements at the intersection of 83rd Avenue and Pinnacle Peak Road; and Approved a budget transfer in the amount of $396,639.92 from the Outside Sources Fund Contingency Account to the Outside Sources Capital Account. 26C Authorize Expenditure, Mohave Educational Services, Intersection Improvements, 83rd Avenue and Pinnacle Peak Road Authorized an expenditure in the amount of $104,379.37 to Mohave Educational Services Cooperative under Job Order Contracting Contract (04E-CENT-0901) through Centennial Contractors for the installation of traffic signal equipment at the intersection of 83rd Avenue and Pinnacle Peak Road; and Approved a budget transfer in the amount of $52,189.69 from the Outside Sources Fund Contingency Account to the Capital Projects, Outside Sources Account. 27C Authorize Expenditure, Bunney’s, Inc., Speed Hump Removal Authorized an expenditure in the amount of $60,610 for the purchase of chicane and speed hump removal services utilizing an existing contract with Bunney’s, Inc. 28C Budget Amendment, Fiscal Year 2007 Approved a budget amendment to consolidate the Fiscal Year 2007 budget contingency accounts. 29C Budget Transfer, Peoria Library, Computer Replacement Approved a budget transfer in the amount of $123,038.32 from the General Fund Contingency Account to the Branch Library General Fund Computer Hardware Account for the replacement cost of computers at the Branch Library. 30C Council Policy, Special Allowances Approved a City Council Policy pertaining to special allowances. 31C Utility Easement, Peoria Center for the Performing Arts, 84th Avenue and Peoria Avenue RESOLUTION NO. 06-123 RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA, AUTHORIZING THE GRANTING OF A PUBLIC UTILITY EASEMENT, ASSOCIATED WITH THE CONSTRUCTION OF THE PEORIA CENTER FOR THE PERFORMING ARTS. Adopted RES. 06-123 authorizing the City Manager to execute an electric utility easement to Arizona Public Service associated with the construction of the Peoria Center for the Performing Arts to be located at 84th Avenue and Peoria Avenue. 32C Deeds and Easements, Various Locations RESOLUTION NO. 06-124 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. 06-124 accepting deeds and easements for various real property interests acquired by the City and previously recorded by the Maricopa County Recorder’s Office. 33C Designate Roadways, Establish Rights-of-Way, Various Locations RESOLUTION NO. 06-125 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. 06-125 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. 34C Map of Dedication, Camino a Lago South, 99th Avenue and Deer Valley Road Approved the map of dedication for Camino a Lago South located at the southeast corner of 99th Avenue and Deer Valley Road, subject to stipulations. (Project R050084) 35C Condominium Plat, Union Hills Office Park, 91st Avenue and Union Hills Drive Approved the condominium plat for Union Hills Office Park located approximately 500 ft. west of 91st Avenue on the north side of Union Hills Drive, subject to stipulations. (Project R050162) 36C Authorization to Hold an Executive Session Pursuant to A.R.S. § 38-431.03.A.4: Authorized the holding of an Executive Session for the purpose of discussion and consultation with legal counsel for legal advice regarding amicus participation in litigation on County Island Fire Districts in Gilbert v. Maricopa County. 15C Contract Amendment, City Manager Councilmember Dennis expressed appreciation for the excellent job that Terry Ellis has done for the City in the past nine years as City Manager. Mayor Keegan described the rigorous evaluation process of the City Manager as required by both City Charter and City Code. Mayor Keegan stated that Mr. Ellis’s performance was exemplary. Motion was made by Councilmember Dennis, seconded by Councilmember Evans, to approve Contract Amendment No. 10 to the terms and conditions of the employment agreement with the City Manager. (LCON11797J). The motion carried by a vote of five to one with Councilmember Leone voting “no.” STUDY SESSION Subjects for Discussion only: 1. Major Capital Improvement Projects Update Jeff Tyne, Budget Director, provided information on the Capital Budget for the following fiscal year and provided a scheduled of planned improvements and respective financing sources over the next ten years. He noted challenges with obtaining supplies and labor that have increased construction costs. The program in total targets $856.6 million for the 10-year period, with $353 million in improvements identified in 2007. Staff provided progress reports on the status of important capital projects currently being undertaken. This included planning and construction activity, budget levels and estimates of completion for a number of projects. Bob McKibben, Fire Chief, reported that the cost for the Jomax Fire Station was $5.7 million and the funding source was the Fire Impact Fees. The budget would include land acquisition, station design and construction, a fire engine and ladder truck. Discussion ensued regarding the impact of the recent opening of Jomax Road on reaching the community of Sonoran Mountain Ranch. Grady Miller, Director of Communication and Public Affairs, reported that construction was 50% complete on the Peoria Center for the Performing Arts. Construction of the roads, plaza, parking, internal mechanical and electrical infrastructure were being completed over the summer. Dedication of the facility was scheduled for December 2006. Neil Mann, Director of Public Works, reported that the construction project was on schedule for the Development Services Building. He noted that underground utilities were currently under construction and full construction would begin August 2006. The move-in date was scheduled for December 2007. J.P. de la Montaigne, Community Services Director, provided an update on a number of projects. He reported that the cost for Phase II construction for Rio Vista Community Park was $20,958,220. The fields, maintenance building and concession building are projected to be complete by September 2006, while the recreation center, Veteran’s Memorial and pedestrian bridge over New River would be complete by May 2007. Mr. de la Montaigne reported that the rough grading was complete, that the grading and concrete formwork for the pathways and curb was underway. Four miles of trails will extend to Grand Avenue. Mr. de la Montaigne also noted that Peoria High School Pool renovation was complete and the Terramar Neighborhood Park was scheduled for completion by September 2006. Discussion ensued regarding efforts to keep neighbors informed of the progress of the Terramar Neighborhood Park construction. In response to questions from Councilmember Dennis, Mr. de la Montainge reported that water fountains were being installed along the trails at strategic locations approximately every .5 miles from Rio Vista Park. In response to a question from Vice Mayor Hunt, Mr. de la Montainge reported that the recreation area was 52,000 square feet. In response to a question from Councilmember Evans, Mr. de la Montainge reported that the trail location was along the Greenway channel. Shawn Kreuzwiesner, Engineering Manager, provided the status on projects that included notable street improvements, park projects, operational facilities, water and wastewater infrastructure and storm drainage improvements. He provided information about the utilities construction project, sewer line rehabilitation, 16” water line along 75th Avenue and 24” water line along 79th Avenue, and drainage project 83rd Avenue to Calle Lejos. Discussion ensued about traffic at Rose Garden Lane and the 67th Avenue widening project and delays. Dave Moody, City Engineer, discussed the drainage issues at 83rd Avenue, and interim paving issues at 67th Avenue. He reported that staff was working with the Flood Control District in relation to the Rose Garden Lane project. Discussion also ensued regarding drainage issues related to Desert Star neighborhood and Ventanna Lakes. In response to questions from Councilmember Carlat regarding flooding concerns, Mr. Moody advised that the Rose Garden project should capture flood water unless it was a 100-year flood. Mr. Moody described the project at 83 Ave and Thunderbird Road with Arizona Department of Transportation (ADOT). Mr. Moody advised that ADOT controls the plan review. Mr. Moody also advised on the status of the Beardsley Connector, the Happy Valley Road Right-of-Way as well as the archeological issues. Mr. Moody explained that five Indian Tribes were laying claim to archeological sites. Mr. Moody also provided updates on the Lake Pleasant Parkway project, the Lake Pleasant Parkway extension, the widening of Thunderbird Road, and the projects at the Northern Avenue Parkway around Luke Air Force Base. In response to questions from Councilmember Carlat, Mr. Moody described the delays associated with issues related to Maricopa County and the wait for the utility companies to move utility poles along 67th Avenue. Councilmember Carlat emphasized the need to keep commitments to residents when the City has advised that specific projects will be completed within a certain timeframe. City Manager Terry Ellis explained that the City has the best intentions but other agencies and outside influences often cause delays. In response to questions from Councilmember Carlat regarding traffic congestion during construction, Mr. Moody advised that the City would use police officers at peak times while completing the Lake Pleasant Parkway project and landscaping. Mr. Ellis explained the process of working with the State and the City of Glendale on the expansion of Northern Avenue. Councilmember Leone noted that a Homeowners Association was against the expansion. Mr. Moody explained that there are a number of utility issues related to El Paso Gas. In response to questions from Council, Mr. Moody advised that at this point only one house may need to be taken. He reported that once the City of Glendale had completed their reports, Staff would bring a report to Council. Mr. Ellis asked Council if they were pleased with the format of today’s reports. Council advised that this was a good format for the updates. Mayor Keegan declared a short recess at 5:43 p.m., and reconvened the meeting at 6:05 p.m. 2. Neighborhood Services Program Status Report a. Neighborhood Grant Program Options Glen Van Nimwegen, Community Development Director, provided a brief overview of the new section of the Neighborhood Services Division known as Neighborhood Coordination. Bill Pateno, Neighborhood Services Coordinator, reported on staff assignments and provided background information on how and why Neighborhood Coordination was started. Further, he reported on goals and objectives and reviewed the programs the Neighborhood Coordination was responsible for administering including assistance programs to address home repairs that are life-threatening. Millie Peterson, Neighborhood Services Coordinator, provided information about the pilot Neighborhood Grant Program and the qualifications to receive funding. Discussion ensued regarding the most efficient and effective way to administer the program. Mr. Ellis stated that the City was mailing information to Homeowner Associations registered in the City. Mayor Keegan commented on the value of the program. Mr. Ellis advised that the program would be on the August Council Agenda for action. ADJOURNMENT: Being no further business to come before the Council, the meeting was duly adjourned at 6:40 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 11th day of July, 2006. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 5th day of September, 2006. (Seal) ______________________________________________ Mary Jo Kief, City Clerk