MINUTES OF THE PEORIA CITY COUNCIL CITY OF PEORIA, ARIZONA COUNCIL CHAMBER August 21, 2007 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 7:01 p.m. Following a moment of silence, Vice Mayor Hunt and two of her grandchildren, Ryan and Macie Thompson, led the Pledge of Allegiance. Members Present: Vice Mayor Vicki Hunt; Councilmembers Ron Aames, Cathy Carlat, Joan Evans, Carlo Leone and Dave Pearson. Members Absent: Mayor Bob Barrett Other Municipal Officials Present: Terrence Ellis, City Manager; Carl Swenson, Deputy City Manager; Susan Thorpe, Deputy City Manager; John Wenderski, Deputy City Manager; Steve Kemp, City Attorney; Mary Jo Kief, City Clerk; Bill Mattingly, Grady Miller, Dave Moody, Glen Van Nimwegen, Larry Ratcliff, Constance Copeland and James Mason. Audience: Approximately 23 members of the public 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. REGULAR AGENDA UNFINISHED BUSINESS 1R Authorize Expenditure, Central Arizona Shelter Services (Item 21C, July 10, 2007) James Mason, Assistant to the City Manager, reported that following a report to Council on July 10, 2007, Council had requested additional information on the Central Arizona Shelter Services (CASS) request to provide additional funds to help offset overflow costs to the operating budget of CASS. Mr. Mason advised that the Central Arizona Shelter Services was a not-for-profit agency that provides emergency shelter and supportive services to homeless individuals. CASS has a $577,000 deficit. The City of Peoria’s original contribution was based on the population of Peoria as a percentage of the population of Maricopa County. Peoria currently represents four percent of the population of Maricopa County which would equate to a $28,000 contribution. Peoria has already contributed $20,000; this request was for an additional $8,000 to reflect the increased needs for CASS. Motion was made by Councilmember Aames, seconded by Councilmember Pearson, to: a) Authorize the expenditure of $8,000 to the Central Arizona Shelter Services to assist with emergency overflow shelter needs for the Fiscal Year 2007/2008; and b) Approve a budget adjustment in the amount of $8,000 from the General Fund Contingency Account to the General Fund City Participation Program Account. Upon vote, the motion carried unanimously. NEW BUSINESS 2R PUBLIC HEARING – Off-Track Wagering Licenses, Various Locations PUBLIC HEARING: Vice Mayor Hunt opened the Public Hearing and asked if any Councilmember or citizen wished to comment on a request for: a) A New Off-Track Wagering License for American Greyhound Racing Inc. to telecast at Ramada Inn, 8955 N.W. Grand Avenue. Applicant, Daniel Luciano. OTW#10009613; and b) Off-Track Wagering License Renewals for: Turf Paradise to telecast at Ramada Inn, 8955 N.W. Grand Avenue; Gallagher’s Food & Fun located at 6750 W. Peoria Avenue; and McDuffy’s Sports Bar located at 15814 N. 83rd Avenue. Applicant: Eugene Joyce, Agent for Turf Paradise. OTW#10001294, 10005746 and 10001296. 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. Vice Mayor Hunt noted that the applicants were present. There being no comments from those present and none received in the City Clerk’s Office, Vice Mayor Hunt declared the Public Hearing closed. Council Action: Motion was made by Councilmember Carlat, seconded by Councilmember Leone, to recommend approval to the Arizona Racing Commission of: a) A new Off-Track Wagering License for American Greyhound Racing Inc. to telecast at Ramada Inn located at 8955 N.W. Grand Avenue. Applicant, Daniel Luciano. OTW#10009613; and b) Off-Track Wagering License Renewals for: Turf Paradise to telecast at Ramada Inn, 8955 N.W. Grand Avenue; Gallagher’s Food & Fun located at 6750 W. Peoria Avenue; and McDuffy’s Sports Bar located at 15814 N. 83rd Avenue. Applicant: Eugene Joyce, Agent for Turf Paradise. OTW#10001294, 10005746 and 10001296. Upon vote, the motion carried unanimously. 3R PUBLIC HEARING – Liquor Licenses, Various Locations PUBLIC HEARING: Vice Mayor Hunt opened the Public Hearing and asked if any Councilmember or citizen wished to comment on a request for: a) A new Restaurant Liquor License (Series 12) for Sandbar Mexican Grill, located at 9868 W. Northern Avenue. Applicant: Randy Nations. LL#10009687; b) A new Restaurant Liquor License (Series 12) for Chilitos Cantina Inc., located at 10738 N. 75th Avenue. Applicant: Andrew DeLaTorre. LL#10009464; c) A new Restaurant Liquor License (Series 12) for Mulligans at Westbrook Village, located at 18823 N. Country Club Parkway. Applicant: Dennis Nelson-Gavin. LL#9406; d) A new Restaurant Liquor License (Series 12) for Duners Pizza, located at 9940 W. Happy Valley Road #104. Applicant: Lloyd Banning, Jr. LL#10009560; and e) A new Off-Sale All Liquor License (Series 09) for Wal-Mart #1533, located at 8200 W. Peoria Avenue. Applicant: Clare Abel. LL#5927. 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. Vice Mayor Hunt advised that the license applications would be discussed individually. Vice Mayor Hunt asked if there were any questions or comments from Council or the public for the application for a new Restaurant Liquor License (Series 12) for Sandbar Mexican Grill, located at 9868 W. Northern Avenue. Applicant: Randy Nations. There were no comments forthcoming. Vice Mayor Hunt asked if there were any questions or comments from Council or the public for the application for a new Restaurant Liquor License (Series 12) for Chilitos Cantina Inc., located at 10738 N. 75th Avenue. Applicant: Andrew DeLaTorre. Vice Mayor Hunt noted that the applicant was not present. Steve Kemp, City Attorney, advised that the applicant was not required to be present. Vice Mayor Hunt noted that there were no questions or comments forthcoming. Vice Mayor Hunt asked if there were any questions or comments from Council or the public for the application for a new Restaurant Liquor License (Series 12) for Mulligans at Westbrook Village, located at 18823 N. Country Club Parkway. Applicant: Dennis Nelson-Gavin. Vice Mayor Hunt noted that there were no questions or comments forthcoming. Vice Mayor Hunt asked if there were any questions or comments from Council or the public for the application for a new Restaurant Liquor License (Series 12) for Duners Pizza, located at 9940 W. Happy Valley Road #104. Applicant: Lloyd Banning, Jr. Vice Mayor Hunt noted that there were no questions or comments forthcoming. Vice Mayor Hunt asked if there were any questions or comments from Council or the public for the application for a new Off-Sale All Liquor License (Series 09) for Wal-Mart #1533, located at 8200 W. Peoria Avenue. Applicant: Clare Abel. Vice Mayor Hunt noted that there were no questions or comments forthcoming. There being no comments from those present and none received in the City Clerk’s Office, Vice Mayor Hunt declared the Public Hearing closed. Council Action: Motion was made by Councilmember Aames, seconded by Councilmember Leone, to recommend approval to the State Liquor Board for: a) A new Restaurant Liquor License (Series 12) for Sandbar Mexican Grill, located at 9868 W. Northern Avenue. Applicant: Randy Nations. LL#10009687; b) A new Restaurant Liquor License (Series 12) for Chilitos Cantina Inc., located at 10738 N. 75th Avenue. Applicant: Andrew DeLaTorre. LL#10009464; c) A new Restaurant Liquor License (Series 12) for Mulligans at Westbrook Village, located at 18823 N. Country Club Parkway. Applicant: Dennis Nelson-Gavin. LL#9406; d) A new Restaurant Liquor License (Series 12) for Duners Pizza, located at 9940 W. Happy Valley Road #104. Applicant: Lloyd Banning, Jr. LL#10009560; and e) A new Off-Sale All Liquor License (Series 09) for Wal-Mart #1533, located at 8200 W. Peoria Avenue. Applicant: Clare Abel. LL#5927. Upon vote, the motion carried unanimously. 4R PUBLIC HEARING - Rezoning, 75th Avenue and Acoma Drive ORDINANCE NO. 07-26 AN ORDINANCE OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA REZONING PROPERTY FROM GENERAL AGRICULTURAL (AG) AND SINGLE-FAMILY RESIDENTIAL (R1-12 & R1-18) TO A PLANNED AREA DEVELOPMENT (PAD) ZONING DISTRICT; AMENDING THE ZONING MAP AND PROVIDING FOR AN EFFECTIVE DATE. PUBLIC HEARING: Regarding the rezoning of approximately 10 gross acres located at the southwest corner of 75th Avenue and Acoma Drive from General Agricultural (AG) and Single-Family Residential (R1-12 and R1-18) to Planned Area Development (PAD) to consolidate the development standards applicable to an existing nursery business and incorporate a one-acre parcel previously not included. Councilmember Evans stated that the applicant had requested that the item be carried over to the September 18, 2007 agenda. The request was not based on anything to do with the item but was a separate issue of the applicant. Staff Report/Public Comment: None Council Action: Motion was made by Councilmember Evans, seconded by Councilmember Carlat, to carryover until September 18, 2007 the discussion and possible action to concur with the Planning and Zoning Commission’s recommendation and adopt ORD. 07-26 to rezone approximately 10 gross acres located at the southwest corner of 75th Avenue and Acoma Drive from General Agricultural (AG) and Single- Family Residential (R1-12 and R1-18) to Planned Area Development (PAD) to consolidate the development standards applicable to an existing nursery business and incorporate a one-acre parcel previously not included. (Z 06-01) Upon vote, the motion to carryover the discussion and possible action until the September 18, 2007 Council Meeting carried unanimously. 5R PUBLIC HEARING – Amendment to Park West Planned Area Development (PAD) Standards and Guidelines Report, 99th Avenue and Northern Avenue ORDINANCE NO. 07-27 AN ORDINANCE OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA PROVIDING CERTAIN AMENDMENTS TO THE PARK WEST PLANNED AREA DEVELOPMENT (PAD) STANDARDS AND GUIDELINES REPORT; AMENDING THE ZONING MAP AND PROVIDING FOR AN EFFECTIVE DATE. PUBLIC HEARING: Vice Mayor Hunt opened the public hearing and asked if any Councilmember or citizen wished to comment on the amendment to the PAD Standards and Guidelines Report for Park West, a 74-acre mixed-use project (under construction) generally located at the northeast corner of 99th Avenue and Northern Avenue, to increase the amount of gross floor area (GFA) for Parcels 3 and 4 for proposed hotel, office and townhouse use and general housekeeping updates. Staff Report/Public Comment: Glen Van Nimwegen, Director of Community Development, provided the background on the request to adopt an amendment to the Park West Planned Area Development (PAD) Standards and Guidelines Report. He explained that the amendment was for two parcels. Mr. Van Nimwegen explained that this area is in an important urban core of the City. Last year the City revised the standards for the mixed-use designation that requires a mixed-use project to maintain 30 to 60 percent residential development of the overall gross floor area (GFA) in addition to retail and employment use. This project is at 34 percent residential use and also integrates residential use above the hotel development. There are 344,000 square feet of retail development. The project was amended in 2005 to include the Harkins Theater in the retail core and an additional Salt River Project (SRP) transmission line corridor with added parking in that area. The previous amendment mandates a 100-foot parking area setback with an 80-foot landscape buffer in that SRP corridor area. The Alta Park West is a 250 unit multi-family residential rental unit. Parcels 3 and 4 were originally approved for office use and a possible future hotel. Mr. Van Nimwegen advised that the site plan was for 73,000 GFA for office uses and the original PAD allowed for a height that the applicant currently requests be increased to nine stories or 110 feet. Mr. Van Nimwegen reported that the amendment before Council would consolidate Parcels 3 and 4 into one parcel, Parcel 3. The request is to increase the gross floor area to add an additional 36 residential condos and a 200-room hotel with 50 condos above the hotel. The request also includes 191,000 square feet of office building and an additional 18 feet in height for the screening of mechanical equipment. This amendment adds 361 square feet in the northern portion of the development and includes general housekeeping updates. The developers held a neighborhood meeting and addressed concerns including providing adequate parking and security. Councilmember Carlat noted that a neighborhood meeting had been held in January. She inquired if the neighbors had been informed of the request for additional height allowance. Councilmember Carlat asked if another meeting was necessary. Mr. Van Nimwegen advised that the City noticed all homes within 600 feet and discussed these changes with the neighbors at the public meeting. In response to questions from Councilmember Carlat regarding whether design standards would be maintained, Mr. Van Nimwegen reported that the clock feature is in the design although it may not be a clock tower. Staff will review the buildings to insure that the overall theme is maintained. In response to questions from Councilmember Evans regarding the remaining small triangular piece of land in the northeast corner outside of the development, Dave Moody, Director of Engineering, advised that the area may be used as an open space once the frontage road plans are finalized. Councilmember Leone commented that this will be a great project when completed. In response to questions from Councilmember Leone, Mr. Van Nimwegen clarified that the easement would be a total 330 feet for parking and lighting, up to within 100 feet of the other properties. He explained that 95th Avenue will have a fire gate and the two-story condos were part of the plan since January. Councilmember Aames commented that this was the right location for the project; the neighbors were satisfied with the development; and this project will bring more people to Peoria. In response to questions from Councilmember Pearson regarding concerns about the City’s Fire Department responding to fires in a multi-story hotel, Mr. Van Nimwegen explained the special features that were incorporated into the development plan included an access band around the development. Terry Ellis, City Manager, commented on the fully operational fire system planned for the hotel. Vice Mayor Hunt noted that the applicant was present. There being no further comments from those present, Vice Mayor Hunt declared the Public Hearing closed. Council Action: Motion was made by Councilmember Leone, seconded by Councilmember Aames, to concur with the Planning and Zoning Commission’s recommendation and adopt ORD. 07-27 approving an amendment to the PAD Standards and Guidelines Report for Park West, a 74-acre mixed-use project (under construction) generally located at the northeast corner of 99th Avenue and Northern Avenue, to increase the amount of gross floor area for Parcels 3 and 4 for proposed hotel, office and townhouse use and general housekeeping updates. (Z 04-19A.2) Upon vote, the motion carried unanimously. 6R Contract Amendment, Carter and Burgess, Inc., Happy Valley Road Widening, 75th Avenue to Lake Pleasant Parkway Dave Moody, Director of Engineering, provided the background on the contract awarded in June 2007 to Carter and Burgess for providing Construction Manager at Risk (CM@R) coordination. The Contract Amendment before Council is for construction administration and design services for the two-year construction of Happy Valley Road widening from 75th Avenue to Lake Pleasant Parkway in the not to exceed amount of $2.1 million. Mr. Moody described Phase One which includes design and construction of Happy Valley Road from 83rd Avenue to 67th Avenue, New River Bridge design and construction; medians from 67th Avenue to Terramar Boulevard; right- of-way acquisition and grading between 83rd Avenue and 91st Avenue; and widening 83rd Avenue from Happy Valley Road south to the power lines at Calle Lejos. Mr. Moody explained that the developer, Patriot American, will widen 83rd Avenue along their side of 83rd Avenue as part of their development project. The Second Phase will include Happy Valley Road improvements from 83rd Avenue to 91st Avenue, a water line on Happy Valley Road from 83rd Avenue to Lake Pleasant Parkway and a frontage road will also be added along some portions of Happy Valley Road. In response to questions from Council, Mr. Moody clarified that the project to widen Happy Valley Road from 83rd Avenue to 67th Avenue has been moved up on the schedule of transportation projects. He advised that the Engineering Department was working with the Deer Valley School District and a private school in the area to coordinate the median construction and landscape design. Mr. Moody assured Councilmember Carlat that he would keep communication open with the residents in the area. Discussion ensued regarding the potential for road bottlenecks during construction. Mr. Moody described the timeline and advised that the road would be flared to allow turn lanes which will ease traffic flow. Happy Valley Road will eventually be four lanes in each direction to Interstate 17. Funding identified for this amendment includes both phases of the project. Motion was made by Councilmember Carlat, seconded by Councilmember Evans, to approve Contract Amendment No. 1 in an amount not-to-exceed $2,097,836 with Carter and Burgess, Inc. for construction administration and design services for the construction of widening Happy Valley Road from 75th Avenue to Lake Pleasant Parkway. (ACON37907A) Upon vote, the motion carried unanimously. 7R Authorize Expenditure, J. Banicki, Paving and Drainage Improvements, 89th Avenue and Williams Road Dave Moody, Engineering Director, reported that the contract before Council was to resolve an on-going drainage problem in the area of 89th Avenue between Deer Valley Road and Williams Road. In response to questions from Councilmember Carlat, Mr. Moody advised that the contract for the engineering post design of the intersection was on the Consent Agenda and the construction project is on this Regular Agenda. He explained that the contract before Council this evening would resolve the drainage problem at the intersection of Williams Road and 89th Avenue. Motion was made by Councilmember Carlat, seconded by Councilmember Pearson, to approve an expenditure in the amount of $734,409.78 to J. Banicki, Inc. for the construction of paving and drainage improvements at 89th Avenue and Williams Road, through Job Order Contracting Contract No. 07-03 between the City of Chandler and J. Banicki, Inc. Upon vote, the motion carried unanimously. 8R Authorize Expenditure, CS Construction, Inc., Intersection Improvements, Peoria Avenue/Grand Avenue/83rd Avenue Dave Moody, Director of Engineering, provided the background for the construction of the Peoria Avenue/Grand Avenue/83rd Avenue intersection improvements. He explained that intersections involving railroad crossing approvals take a long time to coordinate. Mr. Moody described the railroad improvements at Peoria Avenue; curb, gutter and sidewalk improvements at the Center for the Performing Arts, and the pavement replacement project along 83rd Avenue. In response to questions from Council, Mr. Moody explained that there will be two road closures; the projects are expected to be completed before Christmas. There is a Maricopa Association of Government (MAG) Major Investment Study – Phase IV scheduled for 2021 to 2025. Approximately $3 to 4 million has been allocated for a design study to decide if the City of Peoria would like to lower Grand Avenue. Motion was made by Councilmember Aames, seconded by Councilmember Evans, to: a) Authorize an expenditure in the amount of $832,577.29 to CS Construction, Inc. for the construction of the Peoria Avenue/Grand Avenue/83rd Avenue intersection improvements, utilizing existing Job Order Contract No. 4 between the Town of Gilbert and CS Construction, Inc.; b) Authorize a 12 percent contingency in the amount of $100,000 for construction overages; c) Approve a budget transfer within the project in the amount of $10,400 from the Proposed General Obligation (GO) Bonds Street System Account to the Proposed GO Bonds Engineering Service Charges Account; and d) Approve a budget transfer within the project in the amount of $3,700 from the Proposed GO Bonds Street System Account to the Proposed GO Bonds Arts Commission Service Charges Account. Upon vote, the motion carried unanimously. CALL TO THE PUBLIC: (NON-AGENDA ITEMS) Roy Coulliette, Manager of the Pleasant Valley Airport, spoke regarding his concerns about 50 feet of the south side of his property taken by the paving of the Old Carefree Highway. Mr. Coulliette reported that 32 individuals including City Staff had attended a public meeting on the airport issues. He explained that the end of the runway was originally built to the end of the road. Mr. Coulliette also raised concerns about the safety issues for those who reside in a recreational vehicle park nearby if the road is moved. He requested that the Old Carefree Highway be kept where it is currently or relocated further south away from the runway. Reports from the City Manager: 1. Photo Red Light Enforcement Program Progress Report Lieutenant Patrick McDonnell and Sergeant Paul Panaccione reported on the status of the Pilot Photo Red Light Enforcement Program presented to Council on February 20, 2007. The Request for Proposal is in the development process. By the end of the month, Staff will have a report to Council regarding which intersections have been selected for the pilot program. The contract award should come before Council in October. Reports from City Council: Councilmember Leone commented on the recent 100th birthday of Alfred Earl McHenry held at Sun Grove Resort Village. Councilmember Leone reported that he had also attended the dedication of a new Habitat for Humanity home in Peoria. He presented the Mayor with a plaque that he had accepted on behalf of the City at that dedication. Councilmember Leone explained that there were several neighborhood meetings in his District on the Citywide recycling program and he invited the public to attend future meetings. He also extended his condolences to the family of the Phoenix Police Officer who was recently killed. Councilmember Aames commented on his participation as a member of Maricopa Association of Governments and the recent meetings held regarding the widening of Interstate 10. He explained that meetings were being held to resolve the funding responsibility for those improvements. Councilmember Pearson reported on the moving experience of attending an American Legion ceremony honoring two World War II veterans who had served in France. Councilmember Evans commented on the City-sponsored Constitution Essay Contest held in Peoria Schools that will begin on Labor Day and she encouraged young people to participate. Vice Mayor Hunt reminded the public to be careful driving in school zones and added that the Peoria Police Department was taking a no- nonsense approach to cite violations. Vice Mayor Hunt highlighted the school programs including the Three Little Javelinas book and presentation by Theater Works. Vice Mayor Hunt reminded the public about the number of renovations being done in downtown Peoria and asked the public to avoid those areas whenever possible during the construction periods. September 22, 2007 the City will hold the dedication of the Pioneer Memorial and the festivities would also include a pancake breakfast. Reports from the Mayor: None ADJOURNMENT Being no further business to come before the Council, the meeting was duly adjourned at 8:04 p.m. Bob Barrett, Mayor ATTEST: Mary Jo Kief, City Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting of the City Council of Peoria, Arizona held on the 21st day of August, 2007. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 16th day of October, 2007. (Seal) Mary Jo Kief, City Clerk