MINUTES OF THE PEORIA CITY COUNCIL CITY OF PEORIA, ARIZONA COUNCIL CHAMBER September 18, 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 7:00 p.m. Following a moment of silence, Councilmember Aames led the Pledge of Allegiance. Members Present: Mayor Bob Barrett; Vice Mayor Vicki Hunt; Councilmembers Ron Aames, Cathy Carlat, Joan Evans, Carlo Leone and Dave Pearson. Members Absent: None 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, Brent Mattingly, Grady Miller, Dave Moody, Larry Ratcliff, Sandy Teetsel, Jeff Tyne, Glen Van Nimwegen, Constance Copeland and James Mason. Audience: Approximately 20 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. CONSENT AGENDA: All items listed with a “C” are considered to be routine or have been previously reviewed by the City Council, and will 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. Mayor Barrett 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 Vice Mayor Hunt, seconded by Councilmember Aames, to approve the Consent Agenda as submitted. Upon vote, the motion carried unanimously. NEW BUSINESS: 1C Annexation, 67th Avenue, Happy Valley Road to Pinnacle Peak Road ORDINANCE NO. 07-31 AN ORDINANCE OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA, EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF PEORIA OF MARICOPA COUNTY, STATE OF ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, ARTICLE 7, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO, BY ANNEXING THERETO CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING CITY LIMITS OF THE CITY OF PEORIA, AND PROVIDING FOR SEVERABILITY. Adopted ORD. 07-31 annexing approximately 2.1 acres located on 67th Avenue, between Happy Valley Road and Pinnacle Peak Road. (ANX 06-05) 2C Property Acquisition, Thunderbird Road Improvements, 95th Avenue and Loop 101 RESOLUTION NO. 07-133 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 WIDEN THUNDERBIRD ROAD 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. 07-133 authorizing the acquisition of property for Thunderbird Road improvements between 95th Avenue and the Loop 101, by donation, outright purchase or the exercise of the power of eminent domain. 3C Formal Public Participation Process for Transit Fare and Service Changes RESOLUTION NO. 07-134 A RESOLUTION ESTABLISHING A FORMAL, LOCALLY ADOPTED PROCESS FOR THE SOLICITATION AND CONSIDERATION OF PUBLIC COMMENT PRIOR TO TRANSIT FARE INCREASES AND SUBSTANTIAL SERVICE CHANGES. Adopted RES. 07-134 establishing a formal process for public participation regarding future transit fare and substantial service changes in accordance with a grant requirement mandated by the use of federal funding. 4C Contract, DMJM Harris, Sound Wall Design, Lake Pleasant Parkway, Parkridge and Ironwood Subdivisions Awarded a contract in the amount of $50,491 to DMJM Harris for the design of two sound walls along the Lake Pleasant Parkway, Parkridge and Ironwood subdivisions. (LCON07407) 5C Fiscal Year 2008 Budget Carryover and Fiscal Year 2007 Year-End Adjustments Approved the Fiscal Year 2008 Operating and CIP budget carryovers and Fiscal Year 2007 year-end adjustments. 6C Council Policy, City Council Vacancies Adopted a policy on City Council vacancies. 7C Map of Private Tract Dedication, Trilogy Boulevard Phase IV, Vistancia Boulevard between Dixileta Parkway and El Mirage Road Approved the Map of Private Tract Dedication for Trilogy Boulevard Phase IV, a re-plat of a portion of Vistancia Boulevard and Tract J and all of Tract K, located west of Vistancia Boulevard between Dixileta Parkway and El Mirage Road, subject to stipulations. (Project R060071) 8C Final Plat, Cabot Commerce Center, 89th Avenue and Larkspur Drive Approved the Final Plat for Cabot Commerce Center, a re-plat of Lot A-4 of Empire Business Park Unit 1, located at the northwest corner of 89th Avenue and Larkspur Drive, subject to stipulations. (Project R070055) 9C Final Plat, Trilogy at Vistancia Parcel C13, Dixileta Parkway and Trilogy Boulevard Approved the Final Plat of Trilogy at Vistancia Parcel C13, located at the southeast corner of Dixileta Parkway and Trilogy Boulevard, subject to stipulations. (Project R060155) 10C Authorization to Hold an Executive Session Pursuant to A.R.S. § 38-431.03.A.7: Authorized the holding of an Executive Session for the purpose of discussion with representatives of the public body to discuss the possible purchase of real property in the vicinity of 83rd Avenue and Madison Avenue. Note: Executive Session was held after the adjournment of the 7:00 p.m. Regular City Council Meeting. REGULAR AGENDA UNFINISHED BUSINESS 11R PUBLIC HEARING – Rezoning, 75th Avenue and Acoma Drive (Agenda Item 4R, August 21, 2007) ORDINANCE NO. 07-26A 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: Mayor Barrett opened the Public Hearing and asked if any Councilmember or citizen wished to comment on 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 a Planned Area Development (PAD) to consolidate the development standards applicable to an existing nursery business and incorporate a one-acre parcel previously not included. Staff Report/Public Comment: Glen Van Nimwegen, Director of Community Development, reported the original site was established in 1980, the gross site is ten-acres, the original site is nine-acres, and the expansion site is one-acre. The site was annexed into Peoria in 1984 and split among three zoning districts. The original business site status is legal non-conforming (grandfathered). The business that occupies the site, Paradise Wholesale Nursery, is a wholesale supplier that employs 25 people. Normal business hours are Monday thru Friday 7 a.m. to 4 p.m.; deliveries are Monday thru Friday 7 a.m. to 3 p.m.; and operation hours are Monday thru Friday 6 a.m. to 6 p.m. In 2004, the operations of Paradise Wholesale Nursery expanded into parcel 3, precipitating enforcement action. Mr. Van Nimwegen stated Staff believes rezoning is in conformance with the general plan. He discussed stipulations such as dust control measures, lighting fixtures, delivery hours, and landscape. Councilmember Carlat inquired about the petition submitted from the owner containing signatures in favor of the rezoning. Charles Huellmantel, on behalf of the applicant, responded the owner took immediate action once the initial complaint was filed. He obtained those signatures from neighbors and the subdivision behind the nursery. Mr. Huellmantel noted there was one particular neighbor who expressed initial opposition, yet he felt that was no longer the case once the neighbor learned of the trees to be planted which will block the nursery. Councilmember Evans inquired on the species of trees to be planted. Mr. Huellmantel replied evergreens will be planted in addition to mature pecan trees. There being no further comments from those present, Mayor Barrett declared the Public Hearing closed. Council Action: Motion was made by Councilmember Evans, seconded by Vice Mayor Hunt, to concur with the Planning and Zoning Commission’s recommendation and adopt ORD. 07-26A 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 a Planned Area Development (PAD) to consolidate the development standards applicable to an existing nursery business and incorporate a one-acre parcel previously not included. Upon vote, the motion carried unanimously. 12R Code Amendment, Chapter 22, Special Events Permitting and Approval Process (Agenda Item 3C, September 4, 2007) ORDINANCE NO. 07-28 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA BY AMENDING CHAPTER 3 OF THE PEORIA CITY CODE (1992) BY REPEALING SECTION 3-2 PERTAINING TO ALCOHOLIC BEVERAGES, SPECIAL EVENT LICENSES; REPEALING CHAPTER 16 OF THE PEORIA CITY CODE (1992) IN ITS ENTIRETY; ENACTING CHAPTER 22.1 OF THE PEORIA CITY CODE (1992) PERTAINING TO SPECIAL EVENTS; AND PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Steve Kemp, City Attorney, requested the item be carried over to the City Council Meeting on October 2, 2007. Mayor Barrett requested the item be carried over indefinitely. Motion was made by Councilmember Carlat, seconded by Vice Mayor Hunt, to carry over indefinitely the discussion and possible action to adopt ORD. 07-28 amending the Peoria City Code (1992 Edition) by repealing Chapter 16 pertaining to Special Events, and enacting Chapter 22.1 pertaining to the permitting and approval process for all special events or activities conducted in the City. Upon vote, the motion to carry over the discussion and possible action indefinitely carried unanimously. NEW BUSINESS: 13R Liquor Licenses, Various Locations PUBLIC HEARING: Mayor Barrett opened the Public Hearing and asked if any Councilmember or citizen wished to comment on requests for: a) A new Restaurant Liquor License (Series 12) for El Patio Mexican Restaurant, located at 10651 W. Olive Avenue, Suites 106-107. Applicant: Ruben Colorado Gonzalez. LL#10009743; b) A new Restaurant Liquor License (Series 12) for Earl’s Mexican & American Foods, located at 9440 W. Peoria Avenue. Applicant: Ying Hong Tang. LL#10009914; c) A Person Transfer for an On-Sale Wine & Beer Liquor License (Series 7) for Classic Catering, located at 9855 W. Peoria Avenue Suites 2,3,4,5. Applicant, Joseph Pipola. LL#8917; d) A Person to Person Transfer for an On-Sale All Liquor License (Series 06) for BevMo!, located at 24650 N. Lake Pleasant Parkway #104. Applicant, Randy Nations. LL#10009524; and e) A Location Transfer for an Off-Sale All Liquor License (Series 09) for Wal-Mart #1533-10, located at 7975 W. Peoria Avenue. Applicant: Clare Abel. LL#10009913. 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 further comments from those present and none received in the City Clerk’s Office, Mayor Barrett declared the Public Hearing closed. Council Action: Motion was made by Councilmember Leone, seconded by Councilmember Carlat, to recommend approval to the State Liquor Board for: a) A new Restaurant Liquor License (Series 12) for El Patio Mexican Restaurant, located at 10651 W. Olive Avenue, Suites 106-107. Applicant: Randy Nations. LL#10009743; b) A new Restaurant Liquor License (Series 12) for Earl’s Mexican & American Foods, located at 9440 W. Peoria Avenue. Applicant: Ying Hong Tang. LL#10009914; c) A Person Transfer for an On-Sale Wine & Beer Liquor License (Series 7) for Classic Catering, located at 9855 W. Peoria Avenue Suites 2,3,4,5. Applicant, Joseph Pipola. LL#8917; d) A Person to Person Transfer for an On-Sale All Liquor License (Series 06) for BevMo!, located at 24650 N. Lake Pleasant Parkway #104. Applicant, Randy Nations. LL#10009524; and e) A Location Transfer for an Off-Sale All Liquor License (Series 09) for Wal-Mart #1533-10, located at 7975 W. Peoria Avenue. Applicant: Clare Abel. LL#10009913. Upon vote, the motion passed unanimously. 14R Contract, Motorola Inc., Police and General Government Radio System Construction and Implementation John Imig, IT Operations Manager, reported in August 2006 an RFP was released and Motorola, Inc. was selected as the preferred vendor. Peoria is working with the City of Phoenix and the City of Mesa to join the regional PRWN/TOPAZ consortium, which will provide interoperability. Peoria will join once the system is ready and governance structure is complete. Mr. Imig highlighted the fully operational radio system with a final implementation date by December 2008. The system will operate independently until PRWN is ready. He reported the costs for PRWN are still being developed. The contract today is for Motorola, Inc. costs only and does not account for all project costs. In response to Councilmember Aames, Mr. Imig clarified the contract is for five years, and allows for two five-year extensions for a total of 15 years covered under the contract amount. Mr. Aames inquired if any of the current radio systems will be kept. Mr. Imig responded staff is exploring options; however, it is anticipated the current system will be completely replaced. In response to Councilmember Carlat, Mr. Imig stated the initial year of maintenance on the system will commence after final system acceptance and turn over. Motion was made by Councilmember Carlat, seconded by Councilmember Evans, to: a) Award a five-year term contract with two five-year extensions in the fixed price amount of $9,176,942 plus tax, to Motorola Inc. for construction and implementation of a Police and General Government Radio System (LCON07507); b) Authorize an 8 percent contingency in the amount of $750,000 for miscellaneous items identified as the final design is developed; and c) Approve a budget transfer within the project in the amount of $10,000,000 from the General Obligation (GO) Bonds 2007 Projects, Other Equipment Account to the General Obligation (GO) Bonds 2007 Projects, IT Technology Systems Account. Upon vote, the motion carried unanimously. 15R Contract Amendment, FNF Construction, Inc., Thunderbird Road Widening Project, 94th Drive to Loop 101 Dave Moody, Engineering Director, reported pre-construction services for the Thunderbird Widening project came before Council in July 2007. The contract presented tonight is the first of major construction estimates. Mr. Moody explained awarding the contract will allow for early ordering on bridge widening. In conjunction with the bank stabilization project completed last year and in cooperation with the flood control district, trails were built to enhance parks and the bridge structure needs to be modified from the normal angle abutment to a vertical abutment for additional drainage through the bridge structure. In addition to widening the bridge structure for a six-lane arterial, actual work with the structures is being done. The contract will also allow the building of an additional parking lot adjacent to Dillon’s Restaurant. With the widening, there will be two lanes each direction and a raised median. The restaurant’s current parking lot touches the back of the City’s curb and gutter. Parking spaces must be bought from the restaurant to allow for any additional widening. Since the parking lot currently lacks sufficient parking, the City will build an additional parking lot for Dillon’s Restaurant. Mr. Moody discussed the phases to come before Council in October or November. In response to Councilmember Aames, Mr. Moody noted signalization and a left hand turn lane into Rio Vista will be included in the next phase. Motion was made by Vice Mayor Hunt, seconded by Councilmember Leone, to approve Contract Amendment No. 1 in the not-to-exceed amount of $4,839,211.10 with FNF Construction, Inc. for the Construction Manager at Risk (CM@R) Services for Phase II of the Thunderbird Road Widening Project from 94th Drive to the Loop 101. (LCON06207A). Upon vote, the motion passed unanimously. CALL TO PUBLIC: (NON-AGENDA ITEMS) Reports from the City Manager: None Reports from City Council: Councilmember Leone commented on two events he attended at the Rio Vista Recreation Center: the ribbon cutting and the Celebration event at Rio Vista Park. He noted it is a great facility and encouraged others to visit it. Councilmember Leone also commented on an informative recycling presentation. Councilmember Carlat reported recycling was commencing and the barrels were being delivered. She encouraged questions and comments, noting information is available on the City’s website or over the phone. Vice Mayor Hunt commented on the unveiling of the monument recognizing Peoria’s pioneer forefathers at 83rd Avenue and Washington Street. The artist, Emanuel Martinez, will attend as well as Councilmember Gary Sandberg from Peoria, Illinois. A pancake breakfast at Osuna Park will follow the unveiling. Vice Mayor Hunt reported on the progress for the Super Wal-Mart Center. The grand opening is scheduled for November 4, 2007. She also commented on the play, “The Women of Juarez” being held at Theater Works. She noted the play is very moving and encouraged people to attend. Reports from the Mayor: None ADJOURNMENT: Being no further business to come before the Council, the meeting was duly adjourned at 7:27 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 18th day of September, 2007. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 20th day of November, 2007. (Seal) ______________________________________ Mary Jo Kief, City Clerk