MINUTES OF THE PEORIA CITY COUNCIL CITY OF PEORIA, ARIZONA PINE ROOM December 18, 2007 A Special Meeting and Study Session of the City Council of the City of Peoria, Arizona was convened at 8401 West Monroe Street in open and public session at 4:00 p.m. 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, Bob McKibben, Grady Miller, Dave Moody, Steve Prokopek, Larry Ratcliff, Glen Van Nimwegen, Larry Rooney, and Gina Soria. Audience: Approximately 15 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 move an item. Motion was made by Councilmember Evans, seconded by Vice Mayor Hunt, to approve the Consent Agenda as submitted. Upon vote, the motion carried unanimously. 1C MINUTES: Approved Study Session 4:00 p.m. – October 16, 2007 Regular Meeting 7:00 p.m. – October 16, 2007 2C Code Amendment, Chapter 2, City Council Not-for-Profit Review and Housing Sub-Committee ORDINANCE NO. 07-39 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA AMENDING CHAPTER 2 OF THE PEORIA CITY CODE (1992) BY ENACTING SECTION 2-18 PERTAINING TO COUNCIL NOT-FOR-PROFIT AND HOUSING SUB-COMMITEE; ESTABLISHMENT; POWERS AND DUTIES; AND PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Adopted ORD. 07-39 amending Chapter 2 of the Peoria City Code (1992 Edition) to provide for the formal re-establishment of a City Council Not-for-Profit Review and Housing Sub-Committee as required by the U.S. Department of Housing and Urban Development (HUD). 3C Grant, Governor’s Office of Highway Safety, West Valley DUI Task Force Program RESOLUTION 07-170 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA, AUTHORIZING THE ACCEPTANCE OF A $84,195 410-FUNDING DUI TASK FORCE ENFORCEMENT PROGRAM WEST VALLEY DUI TASK FORCE GRANT FROM THE GOVERNOR’S OFFICE OF HIGHWAY SAFETY, FOCUSING ON OVERTIME TO CONDUCT ENFORCEMENT DETAILS IN THE CITY OF PEORIA. a) Adopted RES. 07-170 authorizing the acceptance from the Governor’s Office of Highway Safety for 410-Funding in the amount of $84,195 for Peoria’s participation in the West Valley DUI Task Force Program (LCON09307); and b) Approved a budget amendment in the amount of $84,195 from the Proposed Grants Contingency Account to the Occupant Protection Enforcement Program Grant Overtime Account in the amount of $76,500 and to the Occupant Protection Enforcement Program Grant Supplies Account in the amount of $7,695 to provide expenditure authority for the grant funds. 4C Intergovernmental Agreement, Maricopa County, 83rd Avenue Widening, Deer Valley Road to Happy Valley Road Approved an Intergovernmental Agreement (IGA) with Maricopa County for the 83rd Avenue Widening from Deer Valley Road to Happy Valley Road. (Project No. P-0708, EN00162) (LCON09407) 5C Contract, A & H Contracting Services, Inc., Ethanol Fuel Tank a) Approved a contract with A & H Contracting Services, Inc. in an amount not to exceed $56,401 for the purchase of an Ethanol Fuel Tank; b) Authorized an expenditure to GLHN Architects & Engineers, Inc. in an amount not to exceed $12,000 for design, bidding and construction phase services; c) Authorized an expenditure to Valley Wide Electric for an amount not to exceed $25,650 for related installation work; and d) Approved a budget transfer in the amount of $94,051 from the General Fund Contingency Account to the Fleet Other Equipment Account. (Project No. 08-0033) (LCON09507) 6C Contract, CPC Construction, Handicap Ramp Installation Acknowledged the bid, approved the award, and authorized staff to execute a construction contract with CPC Construction in an amount not to exceed $54,379 for the installation of various handicap ramps. (Project No. P-0801) (LCON09607) 7C Contract Amendment, URS, Design Services, Thunderbird Road Plans Approved Contract Amendment No. 4 in the amount of $159,096 to URS for additional design services required to deliver the final Thunderbird Road plans reflecting the additional work required of the designer to accommodate several City generated changes to the original contract. (Project No. P-0505) (LCON07705D) 8C Lease Agreement Amendment, KLOS Enterprises, LLC, Arizona Broadway Theater Authorized the City Manager to enter into an amended lease agreement with KLOS Enterprises, LLC (Arizona Broadway Theater) for the lease of approximately four acres of real property owned by the City of Peoria located at 7701 West Paradise Lane. (ACON17903C) 9C Authorize Expenditure, Level 3 Audio Visual, Audio/Visual Equipment, Butler Drive Water Reclamation Facility a) Authorized a budget transfer in the amount of $340,193 within the capital project UT00031 funding from the Wastewater Expansion Fund, Wastewater Systems Account to the Wastewater Expansion Fund, IT Technology Account for technology related equipment expenses for the new Butler Drive Water Reclamation Facility; and b) Authorized an expenditure in an amount not to exceed $90,192.76 for audio/visual equipment from an existing State contract with Level 3 Audio Visual to supply and install the equipment. 10C Authorize Expenditure, Bunney’s, Inc, Construction of New Sidewalks and Standing Pads, Various Locations a) Authorized an expenditure to Bunney’s, Inc, utilizing the existing on-call contract P05-0103 in the amount of $119,760.00 for the construction of new sidewalks and standing pads at the following locations; Coyote Hills Elementary, Peoria Elementary, Cotton Boll Elementary, Oakwood Elementary, Olive Avenue Frontage Road and Grand Avenue, Olive Avenue from 79th Avenue to Olive Partners, Olive Avenue from 95th Avenue to the Mini Storage, Olive Avenue from the Bowling Alley to 83rd Avenue (Project No. CW-0801); and b) Authorized the inclusion of a 10% contingency in the amount of $11,976.00 for any construction overages. 11C Authorize Expenditure, C S Construction, Inc., Traffic Signal System Project, Repair/Install New Conduit and Pull Boxes Authorized the expenditure of funds to C S Construction Inc. under Gilbert JOC Contract in the amount of $150,000 for construction services to repair and install new conduit and pull boxes in preparation for the next phase of the Traffic Signal System Project. (Project No. PW00133CO) 12C Authorize Expenditure, C S Construction, Inc., Intelligent Transportation Systems Workstation Installation Authorized the expenditure of funds to C S Construction Inc. under Gilbert JOC Contract in the amount of $500,000 for construction services for the installation of an Intelligent Transportation Systems (ITS) workstation at the Peoria Sports Complex and CCTV cameras at five intersections critical to traffic operations at the Peoria Sports Complex. (Project No. TE-0606) 13C Void 14C Abandonment, 81st Avenue and Happy Valley Road RESOLUTION NO. 07-171 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA FINDING THAT CERTAIN PUBLIC RIGHT- OF-WAYS 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. a) Adopted RES 07-171 abandoning a portion of Happy Valley Road (at the section line) located east of 81st Avenue abutting the parcel owned by J. D. Campbell; and b) Authorized the City Manager to execute a quit claim deed transferring the property. 15C Property Acquisition, Happy Valley Road Between 83rd Avenue and Terramar Boulevard; 67th Avenue and Terramar Boulevard; and 83rd Avenue North of Hatfield Road RESOLUTION NO. 07-172 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 DEVELOP HAPPY VALLEY ROAD AND WIDEN 83RD AVENUE NORTH OF HATFIELD 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. 07-172 authorizing the acquisition of property from the south side of Happy Valley Road for the full width improvements between 83rd Avenue and Terramar Boulevard; the median improvements on Happy Valley between 67th Avenue and Terramar Boulevard; and the 83rd Avenue widening north of Hatfield Road, by donation, outright purchase, or the exercise of the power of eminent domain. (Project No. P0111) 16C Maintenance Improvement District 1068, Colina del Sur, 72nd Avenue and Jomax Road RESOLUTION NO. 07-173 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. 1068, COLINA DEL SUR, 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. 07-174 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. 1068, COLINA DEL SUR; 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. 07-173 intention and ordering formation of proposed Maintenance Improvement District No. 1068, located on 72nd Avenue and Jomax Road; and adopted RES. 07-174 ordering the work within the proposed Maintenance Improvement District. 17C Easement, Salt River Project, Butler Water Reclamation Facility, Power Transmission Lines RESOLUTION NO. 07-175 RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, ARIZONA, AUTHORIZING THE GRANTING OF AN EASEMENT TO THE SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT TO INSTALL UNDERGROUND ELECTRIC TRANSMISSION LINES RELATED TO THE BUTLER WATER RECLAMATION FACILITY. Adopted RES. 07-175 authorizing the City Manager to execute an easement to Salt River Project (SRP) needed for the installation of power transmission lines related to the Butler Water Reclamation Facility. 18C Deeds and Easements, Various Locations RESOLUTION NO. 07-176 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. 07-176 accepting deeds and easements for various real property interests acquired by the City and previously recorded by the Maricopa County Recorder’s Office. 19C Designate Roadways, Establish Rights-of-Way, Various Locations RESOLUTION NO. 07-177 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. 07-177 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 as a public street. 20C Final Plat, Blackstone at Vistancia Parcel A4, Vistancia Boulevard and Lone Mountain Road Re-approved the Final Plat for Blackstone at Vistancia Parcel A4, located at the northeast corner of Vistancia Boulevard and Lone Mountain Road, subject to stipulations. (Project No. R070069) 21C Final Plat, Jade II Enterprises, L.L.C., 91st Avenue and Olive Avenue Approved the Final Plat for Jade II Enterprises, L.L.C., located near the southwest corner of 91st Avenue and Olive Avenue, subject to stipulations. (Project No. R060117) 22C Final Plat, Peoria 53, 91st Avenue and Butler Drive Approved the Final Plat of Peoria 53, located at the northeast corner of 91st Avenue and Butler Drive, subject to stipulations. (Project No. R070066) 23C Final Plat, The Sullivan Family Trust, 83rd Avenue and Williams Road Approved the Final Plat for The Sullivan Family Trust, located at the southeast corner of 83rd Avenue and Williams Road, subject to stipulations. (Project No. R070094) 24C Final Plat, Condominium, Arrowhead Business Park, 87th Avenue and Kelton Lane Approved the Final Plat for Arrowhead Business Park, a Condominium, a Re-Plat of Arrowhead Business Park, located at the southwest corner of 87th Avenue and Kelton Lane, subject to stipulations. (Project No. R050050A) 25C Condominium Plat, Plaza Del Lago, Lake Pleasant Parkway and Yearling Road Approved the Condominium Plat for Plaza Del Lago, located at the northwest corner of Lake Pleasant Parkway and Yearling Road, subject to stipulations. (Project No. R070087) 26C Re-Plat, Arrowhead Lexus, 92nd Avenue and Bell Road Approved the Re-Plat of Lot 2 Arrowhead Lexus, located near the northwest corner of 92nd Avenue and Bell Road, subject to stipulations. (Project No. R070037A) STUDY SESSION AGENDA Clerk’s Note: Study Session Agenda item #4 Communications and Public Affairs Work Plan was not heard. 1. Proposed Design Standards Improvements Carl Swenson, Deputy City Manager, introduced the Proposed Design Standards Improvements presentation. Chris Jacques, Principal Planner, explained the purpose of design standards and commented on parcel specific and interface requirements in zoning. In response to questions from Council, Mr. Swenson clarified different elements within zoning can affect the design. Mr. Jacques provided background on the original design review manual. Mr. Jacques discussed the updated design review manual, which included a complete re- draft. The manual was divided into five chapters: administration, non-residential, single- family residential, multi-family residential, and supplementary standards. He highlighted the design review process and noted that site-plans/design review applications will be submitted to the Design Review Appeals Board if the architect and City fail to agree on the design after two attempts. In response to questions from Council, Mr. Jacques stated a typical site-plan design goes through several reviews; however, with the new process it will end at the third review of the Design Review Appeals Board. Mr. Jacques reported on the design standards for single-family residential, including subdivision design, thematic elements, and architectural form. Discussion ensued on multi-family residential, including site design, architectural design, color and material. In response to Councilmember Carlat, Mr. Swenson stated it is difficult to apply standards if they are too specific in the manual. Rob Gubser, Planner, discussed non-residential development. Mr. Gubser explained there are specific criteria for large developers. He discussed the site design, architectural form, and supplemental development criteria. Councilmember Carlat inquired on retention areas/drainage basins. Glen Van Nimwegen, Director of Community Development, responded staff will incorporate retention area standards in the manual. Vice Mayor Hunt inquired on the façade of Wal-Mart located at Grand Avenue and 83rd Avenue. Mr. Gubser explained that the new standards do not apply if no exterior renovations are made; however the new standards will be enforced if a tenant makes changes. Councilmember Aames inquired on possible issues of addressing design standards while in the zoning phase. Chad Daines, Planning Manager, stated it is appropriate to address design standards in zoning because of varied context in standards. In response to Mr. Aames, Mr. Van Nimwegen commented on possible standards related to intrusion areas between industrial and residential areas. Mr. Jacques reported on the Lake Pleasant Parkway Design Theme Manual, highlighting thematic and character segments and the integration of public art. Discussion ensued on Old Town. Mr. Jacques commented on the Assist Façade Grant Program, the pedestrian friendly form, and the standards to preserve character. Mr. Jacques clarified that new buildings must conform to the design standards. Discussion ensued on the project schedule for the updated manual. 2. Status Report – Implementation of Police Department Program Review Larry Ratcliff, Police Chief, provided background on the Police Department Program Review conducted by Carroll Buracker and Associates. The findings and recommendations were categorized into four themes: improve community oriented policing (COP), develop career opportunities, improve department systems, and enhance analytical functions. Chief Ratcliff discussed community oriented policing, highlighting youth crime and community crime prevention programs, volunteers, and patrol. He noted consistent beat assignments are essential for officers to be familiar with their beat. He commented on the position of a COP Coordinator and the development of a COP strategic plan. The strategic plan will encompass positive police-community relations, increased citizen involvement, and the reduction of crime. Chief Ratcliff noted discussions with the community are critical. Chief Ratcliff discussed career development, including non-sworn promotions and retention alternatives. He noted the Police Department has partnered with the Human Resources Department and labor organizations to enhance career options. Chief Ratcliff discussed system improvements, highlighting staffing and scheduling analysis, new district/beat alignments, and the new radio system. Discussion ensued on the Criminal Investigations Section. In response to questions from Council, Chief Ratcliff noted the current work schedule is four ten-hour days and the program review suggested five eight-hour days. Schedule adjustments will be reviewed by staff in January. Chief Ratcliff discussed analytical functions, highlighting a strategic planning section consisting of a crime analyst, research/systems analyst, technology analyst, and accreditation/policy development. Discussion ensued on patrol hours. Chief Ratcliff clarified that schedule adjustments with the current staff is more effective with their current resources. Vice Mayor Hunt inquired about costs for School Resource Officers. Terry Ellis, City Manager, commented on possible participation with the Peoria Unified School District. Councilmember Leone inquired on ways to get the community involved. Chief Ratcliff responded they are conducting focus groups within the City and holding discussions with the community as their involvement is critical to Community Oriented Policing. 3. Emergency Preparedness Update Bob McKibben, Fire Chief, introduced the Emergency Preparedness Update. Larry Rooney, Deputy Chief, discussed the training at the Emergency Management Institute (EMI). He noted the instructors commented that Peoria is in the top five of all cities that have participated. He reported on the lessons learned at EMI, including emergency power needs, emergency contact lists for City employees, and the needs of the Emergency Operations Center (EOC). Additional lessons focused on ensuring interoperable communications, the establishment of an Emergency Management Committee, and an Emergency Operations plan update. Deputy Chief Rooney discussed the recommendations for the Emergency Operations Center, including the establishment of the Beardsley Waste Water Treatment Facility as the backup EOC center. Additionally, the primary EOC would be moved from the Palo Verde room to the Peoria room and the Executive Team (Policy Group) would be located in the Palo Verde room. ADJOURNMENT: Being no further business to come before the Council, the meeting was duly adjourned at 6:13 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 Special 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