MINUTES OF THE PEORIA CITY COUNCIL CITY OF PEORIA, ARIZONA COUNCIL CHAMBER October 3, 2006 A Regular Meeting of the City Council of the City of Peoria, Arizona was convened at 8401 W. Monroe Street in open and public session at 7:05 p.m. Following a moment of silence, Councilmember Leone led the Pledge of Allegiance. Members Present: Mayor John Keegan; Vice Mayor Vicki Hunt; Councilmembers Cathy Carlat, Patricia Dennis, Joan Evans, Patrick Hickson, and Carlo Leone. Members Absent: None Other Municipal Officials Present: Susan Thorpe, Deputy City Manager; Carl Swenson, Deputy City Manager; Steve Kemp, City Attorney; Mary Jo Kief, City Clerk; Larry Fudurich, David Leonardo, Grady Miller, J.P. de la Montaigne, Dave Moody, Glen Van Nimwegen, John Schell, and Constance Copeland. Audience: Approximately seven individuals were present. PRESENTATION: 1. Certificate of Election to Councilmember Vicki Hunt and Councilmember Carlo Leone. Mayor Keegan asked Vice Mayor Hunt and Mary Jo Kief, City Clerk, to join him at the podium to present certificates of election to Councilmember Hunt and Councilmember Leone. Mayor Keegan noted that both individuals were elected out right in their respective districts. Ms. Kief read each Certificate of Election and Mayor Keegan presented the certificates to Vice Mayor Hunt and Councilmember Leone. 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 may 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. AGENDA Mayor Keegan asked if any Councilmember wished to have an item removed from the Consent Agenda. There were no requests to remove an item. Motion was made by Councilmember Leone, seconded by Councilmember Hickson, to approve the Consent Agenda. Upon vote, the motion carried unanimously. 1C DISPOSITION OF ABSENCE: Approved the absence of Councilmember Patrick Hickson from the Regular City Council Meeting held on September 19, 2006. 2C Initial Zoning, 99th Avenue Alignment and Pinnacle Peak Road ORDINANCE NO. 06-35 AN ORDINANCE OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA ESTABLISHING INITIAL ZONING ON PROPERTY FROM MARICOPA COUNTY RURAL 43 ZONING DISTRICT TO CITY OF PEORIA SR-43 (SUBURBAN RANCH, 43,560 SQUARE FEET OF MINIMUM LOT AREA) ZONING DISTRICT; AMENDING THE ZONING MAP AND PROVIDING FOR AN EFFECTIVE DATE. Adopted ORD. 06-35 to establish initial zoning of Suburban Ranch (SR-43) on approximately 2.8 acres located northeast of the 99th Avenue alignment and Pinnacle Peak Road. (Z06-14) 3C Grant, Wal-Mart Foundation Community Grant Authorized the City of Peoria Police Department to accept funding in the amount $1,750 from the Wal-Mart Foundation Community Grant Program for the purchase of two K9 ballistic vests (LCON10406); and Approved a budget amendment in the amount of $1,750 from the Proposed Grants Contingency Account to the General Fund Operations Support Account to provide expenditure authority for the grant funds. 4C Contract, State of Arizona, Department of Transportation, Roadway Paving Improvements, Old Carefree Highway RESOLUTION NO. 06-141 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF PEORIA, ARIZONA, ADOPTING A RESOLUTION APPROVING THE INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA FOR ACQUISITION OF FEDERAL FUNDS FOR CONSTRUCTION AND ADMINISTRATION OF THE OLD CAREFREE HIGHWAY DIRT PAVING PROJECT. Adopted RES. 06-141 approved an intergovernmental agreement with the State of Arizona, Department of Transportation, for roadway paving improvements on Old Carefree Highway between Lake Pleasant Road and the Beardsley Canal. (LCON10506) 5C Settlement, Victor J. Nichols v. City of Peoria Authorized a settlement in Victor J. Nichols, et al. v. City of Peoria, et al. 6C Maintenance Improvement District No. 1042, Vistancia Parcel F5, Westland Road and Lone Mountain Road RESOLUTION NO. 06-142 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.1042, VISTANCIA PARCEL F5, 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. 06-143 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. 1042, VISTANCIA PARCEL F5; 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. 06-142 intention and ordering formation of proposed Maintenance Improvement District No. 1042, Vistancia Parcel F5, located on Westland Road north of Lone Mountain Road; and adopted RES. 06-143 ordering the work within the proposed Maintenance Improvement District. 7C Mayoral Candidate Forum, City Council Chamber Authorized the use of the City Council Chamber for a Mayoral Candidate Forum to be co-hosted by the Peoria Chamber of Commerce and the Arizona Republic on October 18, 2006 and to be taped and broadcast on Peoria Channel 11. REGULAR AGENDA NEW BUSINESS 8R Authorize Expenditure, Mohave Educational Services, Peoria Sports Complex Improvements J.P. de la Montaigne, Director of Community Services, presented an overview of the request to fund Phase II of the design and construction services for the Sports Complex Stadium fence relocation and vendor area improvements. Phase II of the contract would relocate the metal fence and add electrical outlets and additional landscaping and provide more space for the concession vendors. Mr. de la Montaigne reported that the original budget was $933,000 for design and construction. Expenditures to date are $91,000 on design and $630,000 on construction. If approved, Phase II will cost an additional $208,103 and would still be within budget. Motion was made by Vice Mayor Hunt, seconded by Councilmember Hickson, to authorize an expenditure in the amount of $208,102.80 to Mohave Educational Services Cooperative under Job Order Contracting Contract 04E-CENT-0901 through Centennial Contractors for design and construction services for fence relocation and vendor area improvements at the Peoria Sports Complex. Upon vote, the motion carried unanimously. 9R Authorize Expenditure, Mohave Educational Services, Traffic Signal Modification, Various Locations David Moody, Engineering Director, outlined the request to approve funding to modify the traffic signals for Fire Station No. 4 on Olive Avenue, the intersection of 83rd Avenue and Wescott Drive, Deer Valley Road and Hillcrest Blvd., 83rd Avenue and Lake Pleasant Parkway, complete the installation of two Traffic Counter Camera Systems at 83rd Avenue and Paradise Lane, and install two additional cameras at 83rd Avenue and Mariners Way, and 83rd Avenue and Coyotes Ice Den. Mr. Moody highlighted the development of a traffic management center in the Sports Complex so that a police officer can remotely manage traffic flow. He highlighted the other projects including: changes to overhead lines that affected traffic lights at the Fire Station and the installation of new sidewalks at the QT entrance on 83rd Avenue that required that traffic signals be moved. Councilmember Hickson asked Staff to review the need for a traffic light at the Fire Station on Union Hills and 89th Avenue. Mr. Moody explained that Union Hills is a major artery; a light on that corner may exacerbate the congestion as there is another light a quarter of a mile away. Mr. Moody advised that he would meet with Chief McKibbon to discuss the Fire Department’s needs at that location. Discussion ensued regarding the future capabilities of the new Traffic Center at the Sports Complex. Mr. Moody reported that a future goal may be to add a traffic engineer to assist Police at the Traffic Center. Motion was made by Councilmember Carlat, seconded by Councilmember Leone, to authorize an expenditure in the amount of $68,018.59 to Mohave Educational Services Cooperative under Job Order Contracting Contract 04E-CENT-0901 through Centennial Contractors for traffic signal modification for Fire Station No. 4, located at 9800 West Olive Avenue; 83rd Avenue and Wescott Drive; 83rd Avenue and Lake Pleasant Parkway; and the installation of a traffic counter camera system at the Peoria Sports Complex. 10R Statewide Ballot Measures for the November 7, 2006 General Election Mayor Keegan stated that there were 19 ballot propositions on the November ballot. Mayor Keegan asked John Schell, Intergovernmental Affairs Director, to present an overview of the propositions. Mr. Schell reviewed all the propositions but only commented on the ones of particular municipal interest. He listed the following propositions: Prop 100 Bailable Offenses Prop 101 Property Tax Levy - Resets each taxing entity’s limit to the actual tax levy of the jurisdiction in 2005 (plus 2% and added taxation from new construction) beginning in FY 2007. Mr. Schell noted that Peoria was one of the cities that had not set their tax levy to the maximum in 2005. Passage of this Proposition would mean less property tax revenue for the City and ultimately will have an affect on City services. Discussion ensued regarding the impact on capital projects for the City. Prop 102 Punitive Damages - Changes the Arizona Constitution to prohibit a person who is in violation of federal immigration laws from being awarded punitive damages in a lawsuit. The proposition would have no impact to the City since punitive damages cannot be collected against a municipality. Prop 103 English as the Official Language Prop 104 Bonding Capacity – This proposition would simply shift public safety and transportation projects from the 6% to the 20% limitation. Growth places demands on local governments to build infrastructure. Transportation projects can quickly approach the 6% debt limit, reducing the ability to finance such projects with General Obligation bonds. Steve Kemp, City Attorney, advised that Proposition 104 does not change debt limits currently under the Constitution and does not raise taxes. Prop 105 State Trust Lands (Legislature) – Would conserve 43,000 acres and could conserve up to 440,000 acres by Legislative approval. Trust land managed by State Land Department, existing leases or ROW would continue. Prop 106 State Trust Lands (Initiative) - Would conserve 694,000 acres and could conserve more if compensation is equal to true value of land. Trust land would be managed by Board of Trustees appointed by the Governor. Existing leases or Right-Of-Way would continue. Prop 106 would allow the Board to set aside a portion of proceeds for administration, management, planning and disposition of the land. Mr. Kemp noted that if either Proposition 105 or 106 pass, it would require a Congressional Amendment to the Arizona-New Mexico Enabling Act. Discussion ensued regarding the affects to the City for easements and right-of-way on State Land. Prop 107 Same Sex Marriage – Defines marriage between one man and one woman and prevents dependents of unmarried couples from receiving public benefits. Prop 200 Arizonans for Voter Rewards Prop 201 Smoke-Free AZ - Prohibits smoking in enclosed public places and places of employment. This proposition would not hinder Peoria’s smoking ordinance. Prop 202 Arizona Minimum Wage Prop 203 First Things First Prop 204 AZ for Humane Farms Prop 205 Your Right to Vote by Mail – This proposition attempts to increase voter turnout. Ballots would be mailed to voters no fewer than 15 days prior to elections with pre-paid stamped envelopes. Ballots would be due no later than close of elections on Election Day. Mr. Schell asked Mary Jo Kief, City Clerk, to comment regarding locations to drop off a voted ballot. Ms. Kief reported that there would be a limited number of locations available for dropping off a voted ballot; voters may go to any of the available locations. Ms. Kief emphasized that ballots would still need to be returned by 7:00 p.m. on Election Day. Prop 206 Arizona Non-Smoker Protection - Prohibits smoking in enclosed public places and places of employment but excludes bars and tobacco shops. This proposition would dilute Peoria’s smoking ordinance. Prop 207 AZ Home Owners Protection Effort - Mr. Schell explained that Mayor Keegan had asked Steve Kemp, City Attorney, to discuss Proposition 207. Mr. Kemp explained the difference between eminent domain and regulatory takings emphasizing that eminent domain is the power of the government to acquire property for a public purpose. Regulatory takings are where government regulations have essentially taken a property owner’s property. Referring to the US Supreme Court decision in Kelo versus the City of New London, Connecticut, Mr. Kemp advised that the Court did not uphold condemnation for private property economic development reasons. The Court based its decision on the fact that it is a decision for the legislative body, not the judiciary to make. Mr. Kemp stated that Arizona Statutes already do not allow for a Kelo type condemnation. Mr. Kemp explained that a regulatory taking is when the government imposes regulations that affect the entire value of the property. Mr. Kemp clarified that a property owner cannot say that their property value was diminished because they wanted to build houses on the property if the property had always been zoned commercial. A reasonable person would have been expected that if it was zoned commercial, that the property would have commercial value. Mr. Kemp further discussed the proportionality of the regulation as compared to the impact on the property. Using the example of a city requiring a property owner to make street improvements, Mr. Kemp explained that there is a reasonable relationship, a proportionality consideration, requiring the owner to make street improvements. The Supreme Court has said that this requirement is perfectly okay. A property owner cannot claim a regulatory taking has diminished their property value until the owner has gone through the normal land use or rezoning process. Mr. Kemp advised that Proposition 207 proposes a whole new set of standards that look at the property as a whole. The property owner can claim diminished value of the property for which the owner demands to be compensated without regard to the zoning or land use regulations. Mr. Kemp reported that Oregon passed similar legislation which has resulted in $5 billion of unsettled claims. This may paralyze the development process in Arizona as lenders may back away from projects because of the unnecessary risks or reduced values and the potential of long litigation cases. Mayor Keegan noted that one out-of-state individual has almost entirely financed the entire proposition. He added that the Legislature worked on a similar measure throughout the legislative session but could not get comfortable with implications of this measure because they believed that it lacked merit. The Legislature refused to pass the measure. Mr. Schell summarized that Proposition 207 would amend eminent domain standards and would require increased relocation compensation. This proposition would require an undetermined compensation to a property owner if he/she claimed that a land use law diminished their land value. Mr. Schell explained the impact to Luke Air Force Base if the Proposition would be approved. There would be no exemptions for military bases or sand and gravel operations next to residential areas. The proposition would limit the City’s ability to respond to future community concerns through zoning. Mr. Schell stated that Arizona currently has one of the most comprehensive eminent domain use laws. Prop 300 State funded services amendment - Would prohibit illegal immigrants from obtaining state administered services, could potentially impact the City if child care is provided that’s subsidized through the state. This would not make it possible for illegal immigrants to receive any of the state services like adult education classes, financial aid, student financial aid, and childcare assistance. Prop 301 Methamphetamine sentencing Prop 302 State Legislator salaries Following the presentation, Mr. Schell explained that the General Election Publicity Pamphlet was available from the Secretary of State’s web site. He encouraged the public to review the Publicity Pamphlet for more information. No Council action required. CALL TO THE PUBLIC: (NON-AGENDA ITEMS) No comments. Reports from the City Manager: None. Reports from City Council: Councilmember Leone reported that he had attended a ribbon cutting for a new Acura Car Dealership on Bell Road. He recognized the Peoria Diamond Club who gave grants to Cotton Boll School and the Peoria Police Department from money they raised during Spring Training. Councilmember Leone reported that he had attended Boys State and Girls State in Flagstaff. Councilmember Carlat reported that she had attended the dedication of the Lake Pleasant Parkway. She thanked the community for their patience during the years of construction. Councilmember Hickson noted all the new upscale car dealerships on Bell Road. He encouraged the public to patronize those new businesses. Vice Mayor Hunt thanked both the Engineering Department and Community Services Department for addressing the needs of two retention basins located at 83rd and 82nd Avenues and Shangri-La. She recognized the efforts of the residents who persisted in asking the City to address their concerns. Councilmember Evans thanked Staff for reviewing the Ballot Propositions. She encouraged the public to study the issues and vote. Councilmember Dennis recognized Vice Mayor Hunt and Councilmember Leone for winning the election in their respective districts. Councilmember Dennis also recognized the efforts of the West Valley Arts Council. Councilmember Dennis encouraged the public to enjoy the cultural events on October 5th, 12th, 19th and 26th at the City of Peoria’s Amphitheater behind City Hall. Councilmember Dennis also reported that she is working with the developer and citizens to complete 89th Avenue roadwork. Reports from the Mayor: Mayor Keegan reported that November 7, 2006 was Election Day. Mayor Keegan asked Mary Jo Kief, City Clerk, to explain how individuals may request an Early Ballot so that they could vote at home. Ms. Kief reported that individuals may call the City Clerk’s Office to request a ballot, or from the City Clerk’s web page access Maricopa County Elections and a secure link to request a ballot. Ms. Kief also advised that the City would serve as an early voting satellite location in the Council Chamber in the Executive Session Meeting Room starting on Monday, October 9 through November 3, 2006. The hours are 9:00 am to 4:00 pm. Ms. Kief noted that additionally, the City will have the early voting satellite location open for two Saturdays, October 21 and October 28. People that work during the week and need to be able to have the ability to vote early, may come here on Saturday, October 21 or October 28 to vote. ADJOURNMENT: Being no further business to come before the Council, the meeting was duly adjourned at 8:13 p.m. ______________________________________ John C. Keegan, Mayor ATTEST: ______________________________________ Mary Jo Kief, City Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting of the City Council of Peoria, Arizona held on the 3rd day of October, 2006. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 14th day of November, 2006. (Seal) ______________________________________________ Mary Jo Kief, City Clerk