MINUTES OF THE PEORIA CITY COUNCIL CITY OF PEORIA, ARIZONA COUNCIL CHAMBER September 19, 2006 A Regular Meeting of the City Council of the City of Peoria, Arizona was convened at 8401 West Monroe Street in open and public session at 7:00 p.m. Following a moment of silence, Councilmember Cathy Carlat led the Pledge of Allegiance. Members Present: Mayor John Keegan; Vice Mayor Vicki Hunt; Councilmembers Cathy Carlat, Patricia Dennis, Joan Evans and Carlo Leone Members Absent: Patrick Hickson Other Municipal Officials Present: Terrence Ellis, City Manager; Carl Swenson, Deputy City Manager; Susan Thorpe, Deputy City Manager; Ellen Van Riper, Assistant City Attorney; Mary Jo Kief, City Clerk; Stephen Bontrager, Constance Copeland, David Leonardo, Neil Mann, Robert McKibben, Grady Miller, Dave Moody, Glen Van Nimwegen, Jeff Tyne, and Betty Waldrip. Audience: Approximately 100 PRESENTATIONS: 1. U.S. CONSTITUTION EVENT: Presentation of Arizona Constitutional Commemoration Committee contest art and essay winners was given by Connie Harris, Assistant Superintendent from the Deer Valley School District; Maggie Olney, Public Relations Specialist Peoria District Office; and Lisa Fink for the Arizona Constitutional Commemoration Committee. Students in kindergarten through fourth grade were recognized for submitting posters illustrating what America means to them. Students in fifth through twelfth grades were recognized for their essays explaining what was their favorite freedom outlined in the Bill of Rights. Also assisting in the presentation were Ray Mills as “Uncle Sam” and Bonnie Angster as “Isaac Potts” from the Freedoms Foundation of Valley Forge. This 7th annual contest celebrates U.S. Constitution Week and the 219th anniversary of the U.S. Constitution. Winners receiving gift certificates and the grand prize winner receiving a scholarship included: Celebrate the Constitution 2006 Poster Contest Winners “What America Means To Me” Kindergarten Prize Student School 1st Place - ($100) Brooke Seiber Apache 2nd Place - ($50) Cole Warner Skyview 3rd Place - ($25) Hailey Spinuzzi Apache First Grade 1st Place - ($100) Mikaela Santiago Apache 2nd Place - ($50) Marlee Burgess Oasis 3rd Place - ($25) Sydney Tenant Terramar Second Grade 1st Place - ($100) Emilee Mandile Apache 2nd Place - ($50) Janessa Skidmore Oakwood 3rd Place - ($25) Hunter Esperum Desert Harbor Third Grade 1st Place - ($100) Jack Wilske Parkridge 2nd Place - ($50) Toree Burgess Oasis 3rd Place - ($25) Stephanie Ortiz Terramar Fourth Grade 1st Place - ($100) Leah Gawin Paseo Verde 2nd Place - ($50) Gabriela Mendivill Ira Murphy 3rd Place - ($25) Alexandra Burcham Terramar Celebrate the Constitution 2006 Essay Contest Winners “Which Bill of Rights Is the Most Important In Your Daily Life and Why?” Fifth and Sixth Grade Prize Student School 1st Place – ($200) Kylee Burgess Oasis 2nd Place – ($100) Mazen Abdel-Aziz Desert Harbor 3rd Place – ($50) Victoria Ramsey West Wing Elementary Seventh and Eighth Grade 1st Place – ($200) Chris Wadsworth Paseo Verde 2nd Place – ($100) Victoria Cattaneo Terram 3rd Place – ($50) Sonora Williams Oakwood Eleventh and Twelfth Grade 1st Place - ($200) Justin Shepard Centennial 2nd Place - ($100) Carly Isenstadt Sunrise Mountain 3rd Place - ($50) Christine Menck Centennial Grand Prize $1,500 Scholarship Ariel St. James Centennial 2. ARIZONA WATER POLLUTION & CONTROL ASSOCIATION STATE AWARDS Mayor John Keegan introduced Stephen Bontrager, Utilities Director, who recognized City employees who received awards at the annual meeting of the Arizona Water and Pollution Control Association (AWPCA) affiliated with the Local Chapter of American Water Works Association and the Water Environment Federation. The Greenway Water Treatment Plant was awarded the Best Plant of the Year and to accept the award was Linda Bezy-Botma, Operations Manager for Treatment of both Water and Waste Water; John Kerns, Water Treatment Supervisor; and Operational Specialists Ken Carr, Mark Williams and Dave Jackson. Supervisor of the Year was awarded to John Kerns. Instrument Technician of the Year was awarded to Chris Opsahl. 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 were enacted by one motion. There was no separate discussion or request to remove any items from General Order of Business. Motion was made by Councilmember Leone, seconded by Vice Mayor Vicki Hunt, to adopt all items on the Consent Agenda. Upon vote, the motion carried unanimously. CONSENT – NEW BUSINESS 1C DISPOSITION OF ABSENCE: Approved the absence of Mayor John Keegan from the Regular City Council Meeting held on September 5, 2006. 2C VOID 3C Contract, Parsons Brinckerhoff Quade and Douglas, Inc., Design Services, Market Street Reconstruction Approved a contract in the not-to-exceed amount of $68,658.86 to Parsons Brinckerhoff Quade and Douglas, Inc. for the design of street reconstruction on Market Street from 81st Avenue to Golddust Lane (LCON10006). 4C Contract, Salt River Project (SRP), Construction Services, Sweetwater Avenue Storm Drain Approved a contract in the amount of $83,117 with Salt River Project (SRP) for construction of the electrical facilities related to the Sweetwater Avenue storm drain construction project (LCON10106). 5C Contract, Arizona Coating Applicators, Stone Reservoir Improvements Approved a contract in an amount not to exceed $192,634.95 to Arizona Coating Applicators for recoating and repainting the Stone Reservoir (LCON10206). 6C Contract Amendment, Carollo Engineers, Beardsley Water Reclamation Facility Approved Contract Amendment No. 3 in an amount not to exceed $72,000 with Carollo Engineers for additional services associated with construction of the monitor wells, miscellaneous plant upgrades, and the Operations Building projects at the Beardsley Water Reclamation Facility (LCON15601C). 7C Contract Amendment, Parsons Transportation Group, Happy Valley Road Approved Contract Amendment No. 12 in an amount not to exceed $109,696 with Parsons Transportation Group for additional engineering design services for the final design plans for Happy Valley Road and preparation of the Storm Water Pollution Prevention Plan associated with the cultural resources testing phase activities (Project P-0111) (LCON01202L). 8C Maintenance Improvement District No. 1046, Vistancia Parcel G3, 137th Avenue and Lone Mountain Road RESOLUTION NO. 06-133 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. 1046, VISTANCIA PARCEL G3, 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. 06-134 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. 1046, VISTANCIA PARCEL G3; 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. 06-133 intention and ordering formation of proposed Maintenance Improvement District No. 1046, Vistancia Parcel G3, located west of Westland Road at 137th Avenue and Lone Mountain Road; and adopted RES. 06-134 ordering the work within the proposed Maintenance Improvement District. 9C Street Light Improvement District No. 1009, Vistancia Parcel G3, 137th Avenue and Lone Mountain Road RESOLUTION NO. 06-135 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. 1009, VISTANCIA PARCEL G3; 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. 06-136 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. 1009, VISTANCIA PARCEL G3, 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. 06-135 intention and ordered formation of proposed Streetlight Improvement District No. 1009, Vistancia Parcel G3, located west of Westland Road at 137th Avenue and Lone Mountain Road; and adopted RES. 06-136 ordering the purchase of electricity for lighting streets and parks within the proposed Streetlight Improvement District. 10C Deeds and Easements, Various Locations RESOLUTION NO. 06-137 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. 06-137 accepting deeds and easements for various real property interests acquired by the City and previously recorded by the Maricopa County Recorder’s Office. 11C Designate Roadways, Establish Rights-of-Way, Various Locations RESOLUTION NO. 06-138 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. 06-138 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. 12C Abandon Roadway, 80th Drive and Grant Street RESOLUTION NO. 06-139 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA FINDING THAT CERTAIN PUBLIC RIGHTS-OF-WAY TO BE EXCESS PROPERTY AND NO LONGER REQUIRED TO BE RETAINED BY THE CITY AND DIRECTING THAT SUCH UNNECESSARY PUBLIC RIGHTS- OF-WAY BE DISPOSED OF IN THE MANNER PROVIDED BY LAW AND PROVING FOR ANY EFFECTIVE DATE. Adopted RES. 06-139 abandoning a section of public roadway commonly known as 80th Drive and Grant Street. 13C Final Plat, 91st Avenue and Butler Drive Approved the final plat for the 91st Avenue and Butler Business Park, a 2-lot subdivision, located at the southwest corner of 91st Avenue and the Butler Drive alignment, subject to stipulations (R050161). 14C Re-plat, Vistancia Village A, Central Arizona Project Canal and Westland Road Approved the re-plat for Vistancia Village A, Parcel G-6, Lots 18, 19 and 21, located southeast of the Central Arizona Project Canal and northwest of Westland Road, subject to stipulations (R050094A). REGULAR AGENDA NEW BUSINESS 15R PUBLIC HEARING - Liquor Licenses, Various Locations PUBLIC HEARING: Mayor John Keegan opened the Public Hearing and asked if any Councilmember or citizen wished to comment on requests for a new Restaurant Liquor License (Series 12) for Ballpark Pizza and Subs located at 7615 W. Thunderbird Road, #101 and a new Off- Sale Wine and Beer License (Series 10) for Circle K #Olive 83 and Circle K #LPWest, located at the southeast corner of 83rd Avenue and Olive Avenue and the northeast corner of Lake Pleasant Road and Westwing Parkway. Staff Report/Public Comment: Mary Jo Kief, City Clerk, reported that all properties were posted in accordance with Arizona law, all reviewing Departments recommended approval, all fees were paid, and no comments were 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 State Liquor Board for the following licenses: a) New Restaurant Liquor License (Series 12) for Ballpark Pizza and Subs located at 7615 W. Thunderbird Road, #101. Applicant: Aaron Franklin (LL#10006999); and b) New Off-Sale Wine and Beer License (Series 10) for Circle K #Olive 83 and Circle K #LPWest, located at the southeast corner of 83rd Avenue and Olive Avenue and the northeast corner of Lake Pleasant Road and Westwing Parkway. Applicant: Kim Kwiatkowski (LL#10007038 and 10007039). Upon vote, the motion carried unanimously. 16R Code Amendment, Ch. 14, Local Speed Limits ORDINANCE NO. 06-34 AN ORDINANCE OF THE CITY OF PEORIA MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA AMENDING CHAPTER 14 OF THE PEORIA CITY CODE (1992) BY REPEALING SECTION 14-80 PERTAINING TO LOCAL SPEED LIMITS IN ITS ENTIRETY AND ENACTING SECTION 14-80 PERTAINING TO LOCAL SPEED LIMITS; AND PROVIDING FOR SEVERABILITY, PROVIDING AN EFFECTIVE DATE. Dave Moody, Engineering Director, introduced Jamal Rahimi, City Traffic Engineer. Mr. Rahimi presented an overview of the proposed revised speed limit ordinance. He reported that the ordinance was last updated March 2005. The purpose of this revision is to establish speed limits on roadways in newly annexed areas, roadways previously not included, and new roadways and streets with revised speed limits based on Staff recommendations. Currently traffic counts are being updated, speed data is being collected and crash data is being reviewed for the last three years. This combined data analysis allows Staff to conduct an engineering and traffic investigation for the streets. These findings were reviewed in the development of this ordinance. Staff intends to return to the Council before the end of the current Fiscal Year with an update to the speed limit ordinance and with any revisions that may be justified based on the investigation. Motion was made by Councilmember Carlat, seconded by Vice Mayor Hunt, to adopt ORD. 06-34 amending Chapter 14 of the Peoria City Code (1992 Edition) pertaining to local speed limits. Upon vote, the motion carried unanimously. 17R Sidewalk Improvement Program, Peoria Avenue, Thunderbird Road, and Union Hills Drive Dave Moody, Engineering Director, presented an overview on the need to improve sidewalks and to add sidewalk sections where there are gaps. Targeted sections of sidewalk are on Peoria Avenue from New River to 91st Avenue, the south side of Union Hills from 87th to 89th Avenues, reconstruction of a Handicap Ramp at the northwest corner of 85th Avenue and Peoria Avenue, and the sidewalk on the south side of Thunderbird between 79th and the Steeple Hill Subdivision. In response to questions from Councilmember Carlat, Mr. Moody verified that the $100,000 Capital Improvement budget will fund these improvements. Motion was made by Councilmember Evans, seconded by Councilmember Dennis, to adopt the Sidewalk Improvement Program. Upon vote, the motion carried unanimously. 18R Contract, State of Arizona, Department of Emergency Management, Law Enforcement Terrorism Prevention Program David Leonardo, Chief of Police, introduced Mike Self, Police Department’s Criminal Intelligence Analyst and designated Terrorist Liaison Officer. Mr. Self reported that this reimbursable grant is funded through the Department of Homeland Security. The purpose of the grant is to enhance the Terrorist Liaison Office Program and the Threat Vulnerability Program. If approved, the grant will be used for multi-data computers with software for vehicles to improve communication and for threat vulnerability assessments for the Main City Hall Complex, Information Technology Center, Public Safety Administration Building, the main stadium at the Peoria Sports Complex and the Beardsley Waste Water Treatment Facility. The remaining $80,000 will be used to recommend site enhancements. Councilmember Dennis asked about an assessment of the Greenway Water Treatment Plant. Mr. Self confirmed that an assessment was done last year, and the City received a grant to make improvements to that infrastructure. Mr. Self also advised that the City will continue to conduct assessments as additional plants are developed. Motion was made by Councilmember Carlat, seconded by Councilmember Leone, to: a) Approve an intergovernmental agreement with the State of Arizona Department of Emergency Management authorizing the acceptance of a Law Enforcement Terrorism Prevention Program grant in the amount of $102,195 for the Terrorism Liaison Officer and Threat and Vulnerability Assessment programs (LCON10306); and b) Approve a budget amendment in the amount of $102,195 from the Proposed Grant Contingency Account to the Homeland Security Fund to provide expenditure authority. Upon vote, the motion carried unanimously. 19R Contract Amendment, URS Corporation, Thunderbird Road Widening Dave Moody, Engineering Director, presented an overview of Contract Amendment No. 1 in the not-to-exceed amount of $1,251,864.64 with URS Corporation for the Thunderbird Road widening project from 95th Avenue to the Loop 101 (LCON07705A). Mr. Moody outlined improvements that included: * Three lanes westbound from Loop 101 to 91st Avenue plus sidewalks. * Three lanes eastbound from 94th Avenue to Loop 101 plus sidewalks. * Bike lanes from Rio Vista to 91st Avenue. * Bridge widening to accommodate additional lanes. * Installation of traffic signal interconnect and modifications of traffic signals. * Remove existing storm drain and construct new storm drain between Sarah Drive and Plaza Del Rio Blvd. Add new catch basins as needed. * Burying overhead power lines. * Coordination with the proposed ADOT Thunderbird Road/Loop 101 T1 widening. * Acquire vacant property to the east of Dillion’s restaurant to replace lost parking as a result of widening Thunderbird Road. * Conversion of 88th Avenue from a private street to a public street. Construction of the 88th Avenue sanitary sewer and street improvements. Mr. Moody reported that a sound study was done for the adjacent areas in Peoria and Sun City that determined that sound walls were needed for Peoria residents. This project is expected to take a year to complete. Funding is available to acquire right-of way in this year’s Capital Improvement Projects (CIP) budget. Mayor Keegan asked about changes to traffic signals at Thunderbird and 91st Avenue. Mr. Moody responded that minor modifications to this “T” intersection would make the through traffic flow well. Mayor Keegan suggested a directional light signal when going east on Thunderbird at Rio Vista Drive and the Freeway. Mr. Moody responded that to prevent confusion a new light product from 3M might be a solution. Councilmember Evans asked that priority be given problems where the number of lanes change from 67th to 83rd Avenues even though these problems were not identified in the CIP for the next 10 years. Dave Moody reported that Thunderbird Road has priority because it has the highest accident record. The City is working with the City of Glendale on an interconnect program to better time signals and move traffic. In response to questions from Councilmember Evans regarding a possible moratorium on new business or activities, Mr. Moody replied that no moratorium has been considered. Tools such as adding more “green” time are being looked at rather than widening streets because of the cost. It is a question of growth and capital priorities. Mayor John Keegan agreed that Councilmember Evans’ concerns make sense, and he suggested this be explored in the next Budget and Capital Improvement process. Dave Moody responded that the landscaping project is being coordinated with Glendale as they widen 67th at Thunderbird, Olive and Peoria with some additional turn lanes. It might be appropriate depending on the Capital Plan to piggyback with Glendale on one of these projects. Motion was made by Councilmember Dennis, seconded by Vice Mayor Hunt, to: a) Approve Contract Amendment No. 1 in the not-to-exceed amount of $1,251,864.64 with URS Corporation for the Thunderbird Road widening project from 95th Avenue to the Loop 101 (LCON07705A); and b) Approve a budget transfer in the amount of $415,311.64 from the Proposed General Obligation (GO) Bonds Street System Construction Account to the Proposed General Obligation (GO) Bonds Street System Design Account. Upon vote, the motion carried unanimously. 20R Contract Amendment, FCI Constructors, Jomax Fire Station, 75th Avenue and Jomax Road Robert McKibben, Fire Chief, presented an update on the construction of the Jomax Fire Station located approximately at 77th Avenue and Jomax Road. This Fire Station will increase response times for that area. Within a few months of choosing the construction company of FCI Construction, costs came in at $800,000 over what was expected. Deputy Chief Rooney; Ed Striffler, Construction Superintendent; and a team representing both FCI Constructors and Lawrence Enyart Architects (LEA) worked to get costs down to $300,000 over estimates. This delayed the project by two months. Steel, concrete and construction costs were the factors in the cost overages. Costs for this fire station will be 30% higher than the last fire station built. Chief McKibben reported that the Jomax Fire Station should last for 50 years and will be 10,700 square feet. It will house two companies, two bays and an office for a Police Station. The building will be low cost to maintain. The square footage cost is $289. Ground breaking will begin the end of October and is expected to be completed about this time next year. Councilmember Carlat asked about the $289 per square foot cost compared to recent projects. Mr. Striffler responded that the guaranteed maximum price for Fire Station Number 6 was $2.3 million. This compares to the guaranteed maximum $3.2 million for this project. This represents a 25-30% increase in costs from what the City paid 18 months ago. In response to questions from Councilmember Dennis, Mr. Striffler replied that the budget is $3.2 million plus the $300,000. The other costs are included in this amount or they have been budgeted on the City side and expenditure approval is needed. Councilmember Dennis asked if funding was coming out of the Half-Cent Sales Tax revenue. Jeff Tyne, Budget Director, responded that there are a number of revenue sources such as General Obligation Bonds, Development Impact Fees, General Fund or the Half-Cent Sales Tax Fund. Because it is consistent with Council Policies and allows for flexibility, the Half-Cent Sales Tax is the viable source. Motion was made by Councilmember Carlat, seconded by Councilmember Evans, to: a) Approve Contract Amendment No. 1 for a guaranteed maximum price of $3,197,434 with FCI Constructors, Inc. for construction of the Jomax Fire Station #197 (LCON06606A); b) Authorize expenditure authority in an amount not to exceed $150,000 for construction of a traffic signal at the site; c) Authorize an expenditure in an amount up to $470,000 for project expenses; and d) Approve a budget adjustment in the amount of $300,000 from the Half-Cent Sales Tax Fund to supplement the existing project budget. Upon vote, the motion carried unanimously. CALL TO THE PUBLIC: (NON-AGENDA ITEMS) Reports from the City Manager: Terry Ellis, City Manager, asked Neil Mann, Public Works Director, to provide an update on the Annual Pavement Maintenance Program. Neil Mann reported there are about 575 centerline miles of public streets to maintain for the longest life and at the lowest cost. The highest cost is pavement maintenance which is determined on a five-year plan. Approximately $1.75 million is funded from the Capital Improvement Program. This allows for 50 to 60 centerline preservation projects to preclude the reconstruction of streets for many years. Different sealing methods are used depending on usage needs. Residents are advised when projects are being done through mailers, signs, door hangers and publication on the City website. Areas scheduled for this year are Thunderbird, Olive, 83rd Avenue, Bell, Deer Valley and Pinnacle Peak. Also scheduled is a sealing project for the downtown area from 83rd to 85th Avenue and from Peoria to Monroe that should be completed in time for the opening of the Community Theater project. City Manager Terry Ellis asked if Council would be open to holding a Mayoral Forum in Council Chambers on or about October 18. This would be similar to the Forum held in August for Mayoral and Council candidates in the Council Chambers and will be sponsored by the Arizona Republic as a live broadcast and replayed until the Election. The October forum would be sponsored by the Peoria Chamber of Commerce and the Arizona Republic. The Council showed interest and a formal approval will be presented to the Council in a couple of weeks. Reports from City Council: Councilmember Leone reported that on September 8, 2006, he attended the grand opening for the sports complex and the academic building at Peoria High School. Councilmember Carlat congratulated both Vice Mayor Hunt and Councilmember Leone for winning their individual elections to serve on City Council for four more years. Councilmember Carlat also congratulated Mayor Keegan on his election for Justice of the Peace. Vice Mayor Hunt reported that she had attended the Peoria ribbon- cutting for the sports facility and the academic building built on the site of her former classroom. Vice Mayor Hunt commented that students will continue to receive a quality education as they did in the old buildings, but this building is more comfortable and the technology was updated. Vice Mayor Hunt also stated that it appears that the Zocalo Club at the Zocalo Mall located at 83 Avenue and Peoria Avenue will not open. She advised the public to see the notice posted at the Mall for more information. Councilmember Joan Evans requested that an update on statewide ballot propositions be presented to Council at a future Council meeting. Reports from the Mayor: Mayor John Keegan presented copies of a letter he sent to the City Attorney requesting a legal opinion addressing the impact of Proposition 207 “Private Property Rights Protection Act”. Mayor Keegan advised that there are two parts of Proposition 207: eminent domain and land use regulation that has a potentially serious impact not only on the City’s ability to do zoning, but on what the effect would be. Mayor Keegan stated that his concern is the Proposition creates an unlimited liability to the City anytime any change is made to any land use. The City Attorney has been asked to address these issues. Mayor Keegan stated that his letter is also being shared with other cities and private interests in the development community. There is a possibility that the only prudent course for the City of Peoria is to go out of the rezoning business. ADJOURNMENT: Being no further business to come before the Council, the meeting was duly adjourned at 8:30 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 19th day of September, 2006. I further certify that the meeting was duly called and held and that a quorum was present. Dated this day of 14th day of November, 2006. (Seal) ______________________________________ Mary Jo Kief, City Clerk