MINUTES OF THE PEORIA CITY COUNCIL CITY OF PEORIA, ARIZONA COUNCIL CHAMBER December 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, Brigadier General Tom Jones, Commander, 56th Fighter Wing, Luke Air Force Base 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; Stephen Bontrager, Greg Eckman, Bill Mattingly, Brent Mattingly, Bob McKibben, Grady Miller, Dave Moody, Steve Prokopek, Larry Ratcliff, John Schell, Jeff Tyne, Glen Van Nimwegen, James Mason and Linda Blas. Audience: Approximately 50 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. PRESENTATION: 1. Mayor Barrett presented Certificates of Appointment to the following Board and Commission members: Brandon Squire and Karen McDaniel reappointed to the Board of Adjustment; Michael Bellard reappointed to the Building Board of Appeals; Wade Gendreau and Scott Phillips reappointed to the Design Review Appeals Board; Roy Bade reappointed to the Design Standards Advisory Board; Priscilla Cook reappointed to the Historic Preservation Commission; Michael Worlton and Anne Wojcik reappointed to the Planning and Zoning Commission; Penny Hughes reappointed to the Sister Cities Board; and Reed Webber reappointed to the Veterans Memorial Board. Clerk’s Note: Brandon Squire, Michael Bellard, Wade Gendreau, Scott Phillips, Roy Bade, Anne Wojcik and Penny Hughes were not present to receive their certificates. 2. Mayor Barrett recognized all existing City employees that have served our country in the Armed Forces. Mayor Barrett thanked all veterans of the City of Peoria and their families for the service they rendered to our country through the years. Mayor Barrett extended his gratitude to other veterans in the audience for their service. Mayor Barrett implored everyone to take the time to honor all veterans. Mayor Barrett also recognized State Representative John Nelson, Brigadier General Tom Jones and Phil Hanson, commander of the Northwest Valley Veterans Association and a member of the Veterans Memorial Board. Mayor Barrett invited the public to visit the Veterans Memorial Wall at Rio Vista Park. General Jones, representing Luke Air Force Base and the men and women of the United States Air Force, thanked Council for the City’s continued support of the “America Supports You” program. At the request of Mayor Barrett, Councilmember Evans provided information on the “America Supports You” program. “America Supports You” is a Department of Defense program that provides opportunities for citizens to show support for military men and women at home and abroad. Councilmember Evans urged the public to visit the “America Supports You” website at www.americasupportsyou.mil for additional information on the program and to become involved in supporting the members of our military. Councilmember Leone added that he is proud to be a member of the Military Affairs Committee sponsored by the Peoria Chamber of Commerce and that he represents the City of Peoria at Luke Air Force Base. Councilmember Pearson thanked Mayor Barrett for his leadership and acknowledged the Mayor’s support of Luke Air Force Base and our troops. Councilmember Aames voiced his pleasure that the City of Peoria is honoring its veterans and that Cox Communications will be extending the military programming. Mayor Barrett explained that the Pentagon Channel is devoted to providing programming oriented to our service members and their families and is the only source of legitimate news the military has access to overseas. Mayor Barrett brought Agenda Item 7R forward. NEW BUSINESS: 7R License Agreement Amendment, Cox Cable, Inc., Government Access Channels Modification Mayor Barrett introduced Ivan Johnson, Vice President of Community Relations and Televideo at Cox Communications. Mr. Johnson noted the Pentagon Channel will be available throughout the Valley, in the areas of Pinal County served by Cox Communications and in Tucson by the end of February. Mr. Johnson reported that the Pentagon Channel will reach as far as Cochise County to Sierra Vista and Fort Huachuca by the end of next year. Mr. Johnson thanked the Council and staff for working with his organization to bring the amendment to the license agreement to fruition. Mayor Barrett introduced Roxie Merritt, Special Assistant to the Deputy Assistant Secretary of Defense. Ms. Merritt, on behalf of the Department of Defense, offered her appreciation to the military veterans and thanked the City of Peoria for its support of the military. Ms. Merritt acknowledged Councilmember Evans for describing the “America Supports You” program. Ms. Merritt commented that the agreement between the City and Cox Communications is an historic event and is a strong example of the public and private sector working together to support the men and women in the military. Motion was made by Councilmember Evans, seconded by Councilmember Aames to authorize the City Manager to execute the first amendment to the license agreement with Cox Cable pertaining to modification of governmental access channels and inclusion of the Pentagon Channel (LCON03395A). Upon vote, the motion carried unanimously. The Mayor declared a short recess at 7:25 p.m. The meeting reconvened at 7:43 p.m. Clerk’s Note: The names of the veterans who work for the City of Peoria and the branch in which they served in the Armed Forces were displayed on the monitors for the viewing audience. A list of the veterans is attached at the end of the minutes. 1R PUBLIC HEARING - Liquor License, Skye, 16844 North Arrowhead Fountain Center Drive PUBLIC HEARING: Mayor Barrett opened the Public Hearing and asked if any Councilmember or citizen wished to comment on the request for a Person to Person and Location Transfer for an On-Sale All Liquor License (Series 06) for Skye, located at 16844 North Arrowhead Fountain Center Drive. Applicant: Terence A. Davies. LL#10006148. Staff Report/Public Comment: Mary Jo Kief, City Clerk, reported that the property was posted in accordance with Arizona law, all reviewing Departments recommended approval, all fees were paid and no comments were received from the public. Having no requests from the public to address this item, Mayor Barrett declared the public hearing closed. Council Action: Motion was made by Councilmember Carlat, seconded by Councilmember Aames, to recommend approval to the State Liquor Board for a Person to Person and Location Transfer for an On-Sale All Liquor License (Series 06) for Skye, located at 16844 North Arrowhead Fountain Center Drive. Applicant: Terence A. Davies. LL#10006148. Upon vote, the motion carried unanimously. 2R PUBLIC HEARING – Rezoning, Osuna Park, Grand Avenue and Peoria Avenue, and 83rd Avenue and Washington Street PUBLIC HEARING: Mayor Barrett opened the Public Hearing and asked if any Councilmember or citizen wished to comment on the request for rezoning approximately 2.23 acres from Central Commercial (C-3) and Core Commercial Mixed Use (CCM) to a Planned Area Development (PAD) to establish the standards for the improvement of two non-contiguous sites in the Old Town area: the Osuna Park site, located at the southwest corner of Grand Avenue and Peoria Avenue; and the Washington Street site, located west of the southwest corner of 83rd Avenue and Washington Street. Staff Report/Public Comment: Glen Van Nimwegen, Community Development Director, reported that staff initiated a request to rezone approximately 2.23 acres to establish standards for the improvement of two non-contiguous sites in the Old Town area. Mr. Van Nimwegen highlighted the purchase of the vacant Mobil gas station at Peoria Avenue and Grand Avenue by MS Holdings. To prevent a use inconsistent with the expansion of Osuna Park, the City acquired the Mobile site from MS Holdings and entered into a ground lease. Standards contained in the lease agreement obligate MS Holdings to: raze the existing buildings, invest a minimum of $800,000 and construct 8,000 square feet of retail at Grand Avenue; invest a minimum of $1.8 million and develop 15,000 square feet of retail/loft condominiums at Washington Street. Mayor Barrett reminded the public that the request is for rezoning and does not pertain to the issue of moving or renovating the Women’s Club. Terry Ellis, City Manager, clarified for Council that the dollar figures outlined in the lease agreement are the minimum amounts MS Holdings is required to invest. In response to questions from Council, Mr. Van Nimwegen confirmed that a neighborhood meeting regarding the zoning case was held at City Hall. Priscilla Cook addressed Council in support of the rezoning to allow for new businesses in the area. Ms. Cook expressed her opinion that the rezoning will help to rebuild downtown Peoria. Having no additional requests from the public to address the item, Mayor Barrett declared the public hearing closed. Council Action: ORDINANCE NO. 07-40 AN ORDINANCE OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA REZONING PROPERTY FROM CENTRAL COMMERCIAL (C-3) AND CORE COMMERCIAL MIXED-USE (CCM) TO A PLANNED AREA DEVELOPMENT (PAD) ZONING DISTRICT; AMENDING THE ZONING MAP AND PROVIDING FOR AN EFFECTIVE DATE. Motion was made by Councilmember Carlat, seconded by Councilmember Aames, to concur with the Planning and Zoning Commission’s recommendation and adopt ORD. 0740 approving the requested rezoning of approximately 2.23 acres from Central Commercial (C-3) and Core Commercial Mixed Use (CCM) to a Planned Area Development (PAD) to establish the standards for the improvement of two non-contiguous sites in the Old Town Area: the Osuna Park site, located at the southwest corner of Grand Avenue and Peoria Avenue; and the Washington Street site, located west of the southwest corner of 83rd Avenue and Washington Street (Z 07-11). Upon vote, the motion carried with a vote of six to one. Councilmember Leone voted “no”. 3R PUBLIC HEARING – Loop 303 Specific Area Plan Amendment, Jomax Road, Beardsley Canal North, 115th Avenue Alignment East, Loop 303 South, Dysart Road West PUBLIC HEARING: Mayor Barrett opened the Public Hearing and asked if any Councilmember or citizen wished to comment on the request for an amendment to the Loop 303 Specific Area Plan to affix target densities and floor area ratios based on existing land use categories for a site comprised of approximately 1,314 gross acres of State Trust Land generally bounded by Jomax Road/Beardsley Canal to the north, the 115th Avenue alignment to the east, Loop 303 to the south and the Dysart Road alignment to the west. Staff Report/Public Comment: Glen Van Nimwegen, Community Development Director, provided background on a proposal to amend the Loop 303 Specific Area Plan. The amendment request coincides with an annexation proposal submitted to the Arizona State Land Department for an area of State Trust Land that lies within the City’s General Plan boundary. Having no requests from the public to address this item, Mayor Barrett declared the public hearing closed. Council Action: RESOLUTION NO. 07-178 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA AMENDING THE LOOP 303 SPECIFIC AREA PLAN; AND PROVIDING FOR SEPARABILITY AND AN EFFECTIVE DATE. Motion was made by Councilmember Aames, seconded by Councilmember Carlat, to adopt RES. 07-178 amending the Loop 303 Specific Area Plan to affix target densities and floor area ratios based on existing land use categories for a site comprised of approximately 1,314 gross acres of State Trust Land generally bounded by Jomax Road/Beardsley Canal to the north, the 115th Avenue alignment to the east, Loop 303 to the south and the Dysart Road alignment to the west (GPA 07-13). Upon vote, the motion carried unanimously. 4R Code Amendment, Chapters 2, 13 and 17, Particulate Matter Regulations ORDINANCE NO. 07-41 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA AMENDING CHAPTER 2 OF THE PEORIA CITY CODE (1992) BY AMENDING SECTION 2-65 PERTAINING TO THE CITY MANAGER; POWERS AND DUTIES AND AMENDING CHAPTER 13 OF THE PEORIA CITY CODE BY AMENDING SECTION 13-24 PERTAINING TO CRIMINAL NUISANCES; PLACING INJURIOUS MATERIALS; VIOLATIONS AND BY AMENDING SECTION 13-25 PERTAINING TO CRIMINAL NUISANCES; USE OF VEHICLES ON VACANT PROPERTY AND BY RENUMBERING EXISTING SECTION 13-26 PERTAINING TO EMERGENCY TELEPHONE SERVICE; MISUSE OF; VIOLATIONS TO SECTION 13-72 AND BY ENACTING SECTION 13-26 PERTAINING TO CRIMINAL NUISANCES; USE OF LEAF BLOWERS AND AMENDING CHAPTER 17 OF THE PEORIA CITY CODE (1992) BY AMENDING SECTION 17-3 PERTAINING TO PUBLIC NUISANCES; PROHIBITIONS AND PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Steve Kemp, City Attorney, summarized a request to amend Chapters 2, 13 and 17 of the Peoria City Code to implement regulations pertaining to the mitigation of particulate emissions (PM-10) impacting air quality and to implement state law requirements. Mr. Kemp reported that Maricopa County has been in violation of the United States Environmental Protection Agency air quality standards for PM-10 in recent years. Mr. Kemp noted that mandatory guidelines must be enforced within Maricopa County in accordance with an air quality plan developed by the state to reduce emissions until the area is in compliance with the federal Clean Air Act. Mr. Kemp confirmed that numerous cities are in the process of adopting rules. Mr. Kemp presented an overview of the proposed ordinance which requires parking lots to be continuously maintained with a dust preventative, restricts the use of leaf blowers to hardened surfaces, and includes alternative work schedules for employees. The proposed ordinance also modifies the use of any form of transportation propelled by an internal combustion engine to land designated on official maps of the State of Arizona or an agency of the United States and posted as open to the public for the purpose of operating off-road vehicles. Discussion ensued regarding the proposed regulations. In response to questions from Council, Mr. Kemp noted that staff would be working to notify citizens of the new requirements. Motion was made by Vice Mayor Hunt, seconded by Councilmember Carlat to adopt ORD. 07-41 amending Chapters 2, 13 and 17 of the Peoria City Code (1992 Edition) to implement regulations pertaining to the mitigation of particulates impacting air quality and to implement state law requirements. Upon vote, the motion carried unanimously. 5R Code Amendment, Chapter 14, Major Arterial Street Designation, Lake Pleasant Road from Beardsley Road North to Lake Pleasant Parkway ORDINANCE NO. 07-42 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA AMENDING CHAPTER 14 OF THE PEORIA CITY CODE (1992) BY AMENDING SECTION 14-67 PERTAINING TO MAJOR STREETS; LOCAL STREETS; DEFINITION AND PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Steve Kemp, City Attorney, outlined a proposal to amend Chapter 14 of the Peoria City Code pertaining to truck routes and designating Lake Pleasant Road, commencing at Beardsley Road north to the intersection of Lake Pleasant Parkway, as a major arterial street. With the construction of Lake Pleasant Parkway between 95th Avenue and Deer Valley Road, truck traffic from Beardsley Road and the Agua Fria will proceed eastbound on Beardsley Road to Lake Pleasant Road and north to Lake Pleasant Parkway. Truck Traffic from 107th Avenue will proceed north to Happy Valley Road and east to Lake Pleasant Parkway. In response to questions from Council, Dave Moody, Engineering Director, confirmed the City would be notifying the trucking industry, gravel operations and residents regarding the opening of the connector. Motion was made by Councilmember Evans, seconded by Councilmember Pearson, to adopt ORD. 07-42 amending Chapter 14 of the Peoria City Code (1992 Edition) pertaining to truck routes and designating Lake Pleasant Road commencing at Beardsley Road north to the intersection with Lake Pleasant Parkway as a Major Arterial Street. Upon vote, the motion carried unanimously. 6R Contract Amendment, Guaranteed Maximum Price, Ames Construction Inc., Happy Valley Road Widening, 75th Avenue to Lake Pleasant Parkway Dave Moody, Engineering Director, provided background on a request to award a Guaranteed Maximum Price Contract to Ames Construction, Inc. for widening Happy Valley Road from 75th Avenue (Terramar Boulevard) to 83rd Avenue. Motion was made by Councilmember Carlat, seconded by Vice Mayor Hunt to: a) Award Contract Amendment No. 2 in an amount not to exceed $13,970,016.55 to Ames Construction Inc. for a Guaranteed Maximum Price (GMP) proposal for construction services associated with the construction of Happy Valley Road Widening from 75th Avenue to Lake Pleasant Parkway (LCON06407B); and b) Approve the acceleration of project funds from Fiscal Year 2009 to Fiscal Year 2008 by authorizing a budget amendment in the amount of $953,802.46 from the General Fund Contingency Account to the Proposed Municipal Development Authority (MDA) Bond Street Improvements Account. Upon vote, the motion carried unanimously. Clerk’s Note: Item 7R was heard following the presentation honoring veterans. 8R Impact Fees, General Government and Water, Wastewater, Water Resource and Solid Waste Utility Impact Fee Increases ORDINANCE NO. 07-43 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA AMENDING CHAPTER 20 OF THE PEORIA CITY CODE (1992) BY AMENDING TABLE SECTION 20-53 PERTAINING TO DEVELOPMENT FEES; AND PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 07-44 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA AMENDING CHAPTER 22 OF THE PEORIA CITY CODE (1992) BY AMENDING TABLE SECTION 22-22A PERTAINING TO THE SOLID WASTE DEVELOPMENT FEE; AND PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 07-45 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA AMENDING CHAPTER 25 OF THE PEORIA CITY CODE (1992) BY AMENDING TABLE SECTION 25-31 PERTAINING TO WATER SYSTEM DEVELOPMENT FEES AND TABLE 25-32 PERTAINING TO WATER RESOURCE DEVELOPMENT FEES AND TABLE 25-91 PERTAINING TO WASTEWATER DEVELOPMENT FEES AND PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Jeff Tyne, Budget Director, introduced Katie Gregory, Development Agreement Coordinator, to present a request to adjust impact fee levels and the accompanying infrastructure improvement program as required by State Statute. Ms. Gregory summarized the proposed impact fee increase and the formal adoption procedures for the new fees. Motion was made by Vice Mayor Hunt, seconded by Councilmember Aames to: a) Adopt ORD. 07-43 through ORD. 07-45 adjusting the General Government and Water, Wastewater, Water Resource and Solid Waste Utility Impact Fees and establish March 3, 2008 as the effective date for the new fees; and b) Adopt the General Government and Utility Infrastructure Improvement Plans which estimate future necessary public services and costs used to calculate the development fees. Upon vote, the motion carried unanimously. 9R Water Infrastructure Finance Authority, Butler Water Reclamation Plant, Phase Two RESOLUTION NO. 07-179 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA, APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH THE WATER INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA FROM ITS CLEAN WATER REVOLVING FUND PROGRAM; DELEGATING THE DETERMINATION OF CERTAIN MATTERS RELATING THERETO TO THE CHIEF FINANCIAL OFFICER OF THE CITY; PROVIDING FOR THE TRANSFER OF CERTAIN MONEYS AND MAKING CERTAIN COVENANTS AND AGREEMENTS WITH RESPECT THERETO; AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY SUCH LOAN AGREEMENT AND THIS RESOLUTION AND DECLARING AN EMERGENCY. Debbie Card, Treasury Manager, gave an overview of the request for approval of a loan agreement with the Water Infrastructure Authority (WIFA). WIFA provides federally subsidized loans to entities for clean water and drinking water eligible projects. The City elected to secure funding to finance a portion of the construction of the Butler Water Reclamation Facility through WIFA because of the favorable interest rates the Authority can provide. Motion was made by Councilmember Carlat, seconded by Vice Mayor Hunt to adopt RES. 07-179 approving the second phase of a loan with the Water Infrastructure Finance Authority (WIFA) in the amount of $42,741,541 to continue funding construction of the Butler Water Reclamation Plant (LCON12206A). Upon vote, the motion carried unanimously. CALL TO PUBLIC: (NON-AGENDA ITEMS) Dolores Ceballos addressed Council to pose questions regarding the possible relocation of the Women’s Club. Reports from the City Manager: 1. Jessie Duarte, Solid Waste Manager, provided a status report on the new curbside recycling program. Mr. Duarte highlighted the program goals and objectives, program implementation, success measurements, implementation issues and outlined steps that will be taken in the future to expand the recycling program. Mayor Barrett complimented Mr. Duarte on the recycling program. Mayor Barrett praised Beckie Borquez, Recycling and Special Projects Coordinator, on her presentations to educate residents about recycling. 2. Mr. Ellis announced that the Budget Department received the Distinguished Budget Presentation Award from the Government Financial Officers Association (GFOA) of the United States and Canada. Mr. Ellis complimented the Facilities Division of the Public Works Department for the Christmas decorations in the Council Chamber. Reports from City Council: Councilmember Leone commented on the following events he had attended: the opening of the Sandbar Mexican Grill at the Park West outdoor mall; the Old Town Festival in Osuna Park and the Shop with a Cop Event. Councilmember Carlat reported on her attendance at the Shop with a Cop Event. Councilmember Carlat was pleased the Mesquite District had a retail store to host the event. Councilmember Carlat commended the Peoria Police Department for being so caring and giving. Councilmember Aames commented on his attendance at the Shop with a Cop Event. Councilmember Aames complimented the Parks Department on a pilot project as part of the beautification in Peoria, south of Bell Road. Councilmember Aames noted that the walls at 89th Avenue, 84th Avenue and the north side of Cactus Road had been stuccoed and painted as part of the pilot project. Councilmember Pearson extended his wishes for a Merry Christmas and Happy Holiday to the Mayor and Council, staff and citizens. Councilmember Evans was thankful for the opportunity to talk about America Supports You and reminded everyone to visit the America Supports You website at www.americasupportsyou.mil for information on supporting our military personnel. Reports from the Mayor: Mayor Barrett echoed Councilmember Evans’ comments regarding America Supports You. Mayor Barrett wished everyone Happy Holidays, a Merry Christmas and Happy New Year. ADJOURNMENT: Being no further business to come before the Council, the meeting was duly adjourned at 9:17 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 December, 2007. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 18th day of March, 2008. (Seal) ______________________________________ Mary Jo Kief, City Clerk