MINUTES OF THE PEORIA CITY COUNCIL
CITY OF PEORIA, ARIZONA
COUNCIL CHAMBER
February 19, 2008



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 dedicated to the Kirkwood, Missouri, 
City Council, Councilmember Leone led the Pledge of Allegiance.

Members Present: Mayor Bob Barrett; Vice Mayor Cathy Carlat; 
Councilmembers Ron Aames, Joan Evans, Vicki Hunt, 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; J.P. de la Montaigne, Greg 
Eckman, Bill Mattingly, Brent Mattingly, Grady Miller, Dave Moody, 
Steve Prokopek, Larry Ratcliff, Jeff Tyne, Glen Van Nimwegen, James 
Mason and Linda Blas.

Audience:  Approximately 25 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:

Clerk’s Note:  Joyce Mozzicato was not present to receive her 
certificate of appointment to the Citizens Commission on 
Salaries for Elected City Officials.

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.

Councilmember Pearson requested that Agenda Item 1C be removed 
for a separate discussion.




CONSENT – New Business:

Motion was made by Councilmember Hunt, seconded by 
Councilmember Leone, to approve the Consent Agenda with the 
exception of Agenda Item 1C.  Upon vote, the motion carried 
unanimously.

1C  	Grant, Arizona State Parks Department, Fireboat Purchase, 
Lake Pleasant Park Fire and Emergency Medical Service

Clerk’s Note:  This item was heard separately at the end of the 
Consent Agenda.

RESOLUTION NO. 08-24
RESOLUTION OF THE CITY OF PEORIA, 
MARICOPA COUNTY, ARIZONA, APPROVING THE 
APPLICATION FOR STATE LAKE IMPROVEMENT 
FUNDS FOR THE PURCHASE OF A FIREBOAT 
FOR THE PEORIA FIRE DEPARTMENT TO BE 
USED FOR THE PROVISION OF FIRE AND 
EMERGENCY MEDICAL SERVICES AT LAKE 
PLEASANT REGIONAL PARK.  
Karen Daines, Administrative Services Manager, provided an 
overview on a request to adopt a resolution to authorize the 
submission of a grant proposal to the Arizona State Parks Department 
State Lake Improvement Fund.  Ms. Daines reported that the grant, if 
approved, would fund the purchase of a fireboat to be used for fire 
and emergency medical services at Lake Pleasant Regional Park.

Ms. Daines explained that although the City has dedicated staffing at 
the lake, the Fire Department does not own or operate its own 
watercraft, despite the more than 10,000 acres of water on which 
incidents occur.  Currently, the Pleasant Harbor Marina provides a 
boat and operator when available.

The one-time cost to the City would be $40,000 for firefighting 
equipment and advanced life support medical equipment not covered 
by the grant.  Ms. Daines noted that both the Pleasant Harbor Marina 
and the new Scorpion Bay Marina have committed to provide a boat 
slip to the City.  Fuel usage for the watercraft is estimated to be 50 
gallons per week.

Motion was made by Councilmember Hunt, seconded by 
Councilmember Evans to adopt RES. 08-24 approving the submission 
of a grant proposal to the Arizona State Parks Department State Lake 
Improvement Fund for the purchase of a fireboat to be used for fire 
and emergency medical service provision at Lake Pleasant Park 
(LCON01308).  Upon vote, the motion carried unanimously.



2C	Contract, Selectron Technologies, Inc., Interactive Voice 
Recognition Application Upgrade

Approved a single source contract in the amount of $60,320 with 
Selectron Technologies, Inc. for upgrading the Selectron IVR 
(Interactive Voice Recognition) application.  (LCON01408)

3C	Contract Amendment, Wood, Patel and Associates, Rose 
Garden Lane Drainage Project

Approved Contract Amendment No. 5 in the not-to-exceed amount of 
$51,269.21 to Wood, Patel and Associates for several scope changes 
encountered while constructing the Rose Garden Lane Drainage 
project. (LCON06804E)

4C	Authorize Expenditure, Peoria Municipal Court 
Enhancement Funds

a)	Authorized the Municipal Court to utilize Peoria Municipal Court 
Enhancement Funds (PCEF) in the amount of $11,750 to fund 
the replacement of two copy machines with faxes and a data 
line drop and three judicial robes; and
b)	Approved a budget transfer from the General Fund 
Contingency Account in the amount of $11,750 to the PCEF 
Office Equipment Account in the amount of $8,700; IT 
Technology Account in the amount of $200; Office Equipment 
and Furniture Account in the amount of $2,450; and Wearing 
Apparel Account in the amount of $500 to provide 
appropriation for the expenditures.

5C	Budget Transfer, Human Resources Department, Ethics 
Training

Approved a budget transfer in the amount of $80,000 to the Non-
Departmental In-House Employee Training Account from the following 
accounts to support City-wide ethics training:

a)	Human Resources Tuition Reimbursement Account in the 
amount of $50,000;
b)	Human Resources In-house Employee Training Account in the 
amount of $10,000; and
c)	Budget, Other Professional Services Account in the amount of 
$20,000.

6C	Budget Transfer, Humans Resources Department, 
Employee Dental Plan

a)	Authorized the use of General Fund Reserves; and
b)	Approved a budget transfer in the amount of $15,000 from the 
General Fund Contingency Account to the Human Resources, 
Other Professional Services Account to engage Segal 
Company, the City’s employee insurance consulting firm, to re-
bid the City’s dental plan and to conduct an analysis on 
alternative methods of funding employee medical and dental 
plans.
7C	Quarterly Investment Report

Approved the Quarterly Investment Report for the period ending 
December 31, 2007.

8C	Neighborhood Traffic Management Program, Additional 
Traffic Control Area, Suncliff-3, Griswold Road, 109th 
Avenue, Northern Avenue, 111th Avenue

RESOLUTION NO. 08-25

A RESOLUTION OF THE MAYOR AND THE 
COUNCIL OF THE CITY OF PEORIA, 
MARICOPA COUNTY, ARIZONA 
AUTHORIZING THE ESTABLISHMENT OF A 
RESIDENTIAL TRAFFIC CONTROL AREA 
FOR THE SUNCLIFF-3 NEIGHBORHOOD 
(AREA BOUNDED BY GRISWOLD  ROAD, 
109TH AVENUE, NORTHERN AVENUE, AND 
111TH AVENUE.)

Adopted RES. 08-25 for the Neighborhood Traffic Management 
Program (NTMP) to establish an additional residential traffic control 
area as follows:  Suncliff-3 – area bounded by Griswold Road in the 
north, 109th Avenue in the east, Northern Avenue in the south and 
111th Avenue in the west.

9C	Maintenance Improvement District No. 1086, Vistancia 
Parcel B7, 118th Lane and Moura Drive

RESOLUTION NO. 08-26

		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. 1086, 
VISTANCIA PARCEL B7, 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. 08-27

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. 1086, 
VISTANCIA PARCEL B7; 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. 08-26 intention 
and ordering formation of proposed Maintenance Improvement District 
No. 1086, Vistancia Parcel B7, located on 118th Lane and Moura 
Drive; and adopted RES.  08-27 ordering the work within the proposed 
Maintenance Improvement District.

10C	Maintenance Improvement District No. 1088, Vistancia 
Parcel A-4, Sunrise Point and Lone Mountain Road
 
RESOLUTION NO. 08-28

		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. 1088, 
VISTANCIA PARCEL A4, 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. 08-29

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. 1088, 
VISTANCIA PARCEL A4; 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. 08-28 intention 
and ordering formation of proposed Maintenance Improvement District 
No. 1088, Vistancia Parcel A-4, located on Sunrise Point and Lone 
Mountain Road; and adopted RES. 08-29 ordering the work within the 
proposed Maintenance Improvement District.

11C	Maintenance Improvement District No. 1100, Riverwalk, 
77th Avenue and Pinnacle Peak Road

RESOLUTION NO. 08-30

		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. 1100, 
RIVERWALK, 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. 08-31

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. 1100, 
RIVERWALK; 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. 08-30 intention 
and ordering formation of proposed Maintenance Improvement District 
No. 1100, Riverwalk, located on 77th Avenue and Pinnacle Peak 
Road; and adopted RES. 08-31 ordering the work within the proposed 
Maintenance Improvement District.

12C	Street Light Improvement District No. 1026, Riverwalk, 77th 
Avenue and Pinnacle Peak Road

RESOLUTION NO. 08-32

RESOLUTION OF THE MAYOR AND 
COUNCIL OF THE CITY OF PEORIA, 
ARIZONA DECLARING ITS INTENTION TO 
ORDER THE PURCHASE OF ELECTRICITY 
FOR LIGHTING THE STREETS AND 
PUBLIC PARKS WITHIN THE PROPOSED 
DISTRICT AND THAT THE COST OF THE 
PURCHASE OF ELECTRICITY FOR 
LIGHTING THE STREETS AND PUBLIC 
PARKS, BE ASSESSED UPON A CERTAIN 
IMPROVEMENT DISTRICT TO BE KNOWN 
AS CITY OF PEORIA STREET LIGHT 
IMPROVEMENT DISTRICT NO. 1026, 
RIVERWALK; PROVIDING THAT THE COST 
OF THE ELECTRICITY REQUIRED TO 
OPERATE THE SYSTEM BE ASSESSED 
UNDER THE PROVISIONS OF TITLE 48, 
CHAPTER 4, ARTICLE 2, ARIZONA 
REVISED STATUTES, AS AMENDED; AND 
DECLARING AN EMERGENCY.







RESOLUTION NO. 08-33

A RESOLUTION OF THE MAYOR AND 
COUNCIL OF THE CITY OF PEORIA, 
ARIZONA ORDERING THE 
IMPROVEMENTS OF CERTAIN STREETS 
AND RIGHTS-OF-WAY WITHIN THE 
CORPORATE LIMITS OF THE TOWN AND 
CREATING AN IMPROVEMENT DISTRICT 
KNOWN AS THE CITY OF PEORIA STREET 
LIGHT IMPROVEMENT DISTRICT NO. 1026, 
RIVERWALK, PURSUANT TO TITLE 48, 
CHAPTER 4, ARIZONA REVISED 
STATUTES AND AMENDMENTS THERETO 
FOR THE PURPOSE OF PURCHASING 
ELECTRICITY, WHICH INCLUDES A 
CHARGE FOR THE USE OF LIGHTING 
FACILITIES AND OTHER RELATED ITEMS 
TOGETHER WITH ALL APPURTENANT 
STRUCTURES AS SHOWN ON THE PLANS, 
AND DECLARING AN EMERGENCY.

Approved the Petition of Formation and adopted RES. 08-32 intention 
and ordering formation of proposed Street Light Improvement District 
No. 1026, Riverwalk, located on 77th Avenue and Pinnacle Peak 
Road; and adopted RES. 08-33 ordering the purchase of electricity for 
lighting streets and parks within the proposed Street Light 
Improvement District.

13C	Utility Easement, Arizona Public Service, Vistancia Zone 
5/6 Reservoir and Pump Station Construction, 32154 N. 
Vistancia Boulevard

RESOLUTION NO. 08-34

		RESOLUTION OF THE MAYOR AND 
COUNCIL OF THE CITY OF PEORIA, 
ARIZONA, AUTHORIZING THE GRANTING 
OF A PUBLIC UTILITY EASEMENT, 
ASSOCIATED WITH THE CONSTRUCTION 
OF THE VISTANCIA ZONE 5/6 RESERVOIR 
AND  PUMP STATION.


Adopted RES. 08-34 authorizing the City Manager to execute a utility 
easement to Arizona Public Service (APS) associated with the 
construction of the Vistancia Zone 5/6 Reservoir and Pump Station, 
located at 32154 N. Vistancia Boulevard.

14C	Final Plat, 79th Drive and Kirby Street

Approved the Final Plat for N.W.C. Kirby Street and 79th Drive, located 
at the northwest corner of 79th Drive and Kirby Street, subject to 
stipulations. (R070050)





15C	Final Plat, Trilogy at Vistancia Parcel C3, Dixileta Parkway 
and Trilogy Boulevard

Approved the Final Plat of Trilogy at Vistancia Parcel C3, located 
north of Dixileta Parkway and west of Trilogy Boulevard, subject to 
stipulations. (R070007)

16C	Final Plat, 93rd Avenue Medical Offices, 93rd Avenue and 
Thunderbird Road

Approved the Final Plat of 93rd Avenue Medical Offices, located at 
93rd Avenue, south of Thunderbird Road, subject to stipulations. 
(R070027)

17C	Re-Plat, Map of Dedication, Vistancia Phase 1A, Jomax 
Road and the Agua Fria

Approved the Re-Plat of Map of Dedication for Vistancia – Phase 1A, 
located north of Jomax Road and west of the Agua Fria, subject to 
stipulations. (R070120)


REGULAR AGENDA

NEW BUSINESS

18R	PUBLIC HEARING – 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 Bravi Italian 
Kitchen, located at 9240 W. Northern Avenue. Applicant: Brett 
D. Jarman.  LL#10011124;
b)	A new Restaurant Liquor License (Series 12) for Lakeside Bar 
& Grill, located at 9980 W. Happy Valley Road, Suite 1101. 
Applicant:  Tommasina Mamola.  LL#10011122; and
c)	A new Restaurant Liquor License (Series 12) for Pholicious, 
Vietnamese Restaurant, located at 7582 W. Cactus Road, 
Suite B5.  Applicant: Liem P. Tran.  LL#10010791.

Staff Report/Public Comment:

Mary Jo Kief, City Clerk, reported that the properties had been posted 
in accordance with Arizona law, all fees were paid, all reviewing 
Departments recommended approval, 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 Vice Mayor Carlat, 
seconded by Councilmember Leone, to recommend approval to the 
State Liquor Board for:

a)	A new Restaurant Liquor License (Series 12) for Bravi Italian 
Kitchen, located at 9240 W. Northern Avenue. Applicant: Brett 
D. Jarman.  LL#10011124;
b)	A new Restaurant Liquor License (Series 12) for Lakeside Bar 
& Grill, located at 9980 W. Happy Valley Road, Suite 1101. 
Applicant:  Tommasina Mamola.  LL#10011122; and
c)	A new Restaurant Liquor License (Series 12) for Pholicious, 
Vietnamese Restaurant, located at 7582 W. Cactus Road, 
Suite B5.  Applicant: Liem P. Tran.  LL#10010791.

Upon vote, the motion carried unanimously.

19R	Peoria Women’s Club

Bill Mattingly, Public Works Director, reported on a request to award a 
lump sum contract to Shannon Construction LLC for relocation and 
renovation of the Peoria Women’s Club building.

Glen Van Nimwegen, Community Development Director, highlighted 
Peoria’s historic preservation accomplishments, including:  the Central 
School purchase (now a historic museum), the Historic Preservation 
Commission, and the 2002 Arizona State University  (ASU) façade 
study. Mr. Van Nimwegen also discussed future projects, including: 
Osuna Park renovations, MS Holdings projects, the Central Peoria 
Revitalization Plan update, the revised Infill Development Policy, the 
Heritage District, and the Historic Square.

Discussion ensued regarding downtown redevelopment, relocation of 
the Women’s Club, expansion of Osuna Park and alternatives to 
provide a second point of access to the retail area while limiting 
impact to the park.

Terry Ellis, City Manager, informed Council that additional access to 
Washington Street would be required in order for commercial frontage 
to be developed on Grand Avenue.

In response to questions from Council, Steve Kemp, City Attorney, 
recapped the terms of a development agreement with MS Holdings 
including the relocation of the Women’s Club.

Priscilla Cook commended City Manager Terry Ellis for his 
outstanding service to the City and wished him well in his future 
retirement.  Ms. Cook proceeded to address Council in support of 
relocating the Women’s Club in an effort to revitalize the downtown 
area.

Kathy Montoya-Moore was asked to leave the podium after directing 
statements toward Mr. Ellis.

Mayor Barrett read statements from Patty Fusco and Mike Grose 
supporting the efforts to relocate and preserve the Women’s Club.

Clerk’s Note:  A copy of the letters from Ms. Fusco and Mr. Grose 
are attached and incorporated as part of the minutes of the 
meeting.

Motion was made by Councilmember Aames to keep the Women’s 
Club at its current location in Osuna Park and seek historical 
preservation grants and private donations to pay for its renovation. If a 
street needs to run through Osuna Park to meet the development 
agreement with MS Holdings, locate it on a line through or adjacent to 
the park that does not require removal of the Women’s Club.  The 
motion was seconded by Councilmember Leone.  The motion failed by 
a vote of two to five with Mayor Barrett, Vice Mayor Carlat, 
Councilmember Evans, Councilmember Hunt and Councilmember 
Pearson voting “no.”

Motion was made by Councilmember Hunt, seconded by Vice Mayor 
Carlat, to:

a)	Award a lump sum contract in the amount of $556,851 to 
Shannon Construction LLC for relocation and renovation of the 
Peoria Women’s Club building (LCON01508); and
b)	Authorize City expenditures up to $50,000 for construction 
contingency.

Upon vote, the motion carried with a vote of five to two with 
Councilmember Aames and Councilmember Leone voting “no.”

20R	Property Acquisition, Pinnacle Peak Public Safety Facility, 
Lake Pleasant Parkway

RESOLUTION NO. 08-23

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 PROVIDE FOR THE 
EXPANSION OF A PUBLIC SAFETY 
FACILITY 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.
Dave Moody, Engineering Director, provided an overview on a request 
to adopt a resolution authorizing the acquisition of approximately 2.6 
acres of property for the expansion of the site at the Pinnacle Peak 
Public Safety Facility located on Lake Pleasant Parkway.

Susan Thorpe, Deputy City Manager, reported that the 2.6 acres to 
the south would be the proposed location for the Fire Support 
Services Facility scheduled for construction in three years.

In response to questions from Council, Steve Kemp, City Attorney, 
explained the eminent domain process.

Motion was made by Councilmember Hunt, seconded by 
Councilmember Pearson, to adopt RES. 08-23 authorizing the 
acquisition of property for the expansion of the Pinnacle Peak Public 
Safety Facility (PPPSF), Support Services Facility Project No. 
FD00101 by donation, outright purchase or the exercise of the power 
of eminent domain.  Upon vote, the motion carried with a vote of five 
to two with Vice Mayor Carlat and Councilmember Evans voting “no.”

21R	Issuance of Peoria Municipal Development Authority, Inc. 
Senior Lien Transportation Sales Tax and Subordinate 
Lien Excise Tax and State Shared Revenue Bonds, Series 
2008

RESOLUTION NO. 08-35

A RESOLUTION OF THE MAYOR AND 
COUNCIL OF THE CITY OF PEORIA, 
ARIZONA, AUTHORIZING THE ISSUANCE 
OF NOT TO EXCEED $50,000,000 
AGGREGATE PRINCIPAL AMOUNT OF 
BONDS BY THE MUNICIPAL 
DEVELOPMENT AUTHORITY; 
AUTHORIZING THE COMPLETION, 
EXECUTION AND DELIVERY OF ALL 
AGREEMENTS NECESSARY OR 
APPROPRIATE FOR THE FINANCING OF 
COSTS OF STREET AND ROADWAY 
IMPROVEMENTS FOR THE CITY AND 
RELATED FINANCING COSTS INCLUDING 
THE DELEGATION TO THE CHIEF 
FINANCIAL OFFICER OF CERTAIN 
AUTHORITY WITH RESPECT THERETO; 
AUTHORIZING THE EXPENDITURE OF ALL 
NECESSARY FUNDS THEREFOR AND 
DECLARING AN EMERGENCY.

Brent Mattingly, Chief Financial Officer, introduced Deborah Card, 
Treasury Manager, who reported on a request to adopt a resolution 
authorizing the issuance of Peoria Municipal Development Authority, 
Inc. Senior Lien Transportation Sales Tax and Subordinate Lien 
Excise Tax and State Shared Revenue Bonds, Series 2008.

Ms. Card provided background on the Transportation Sales Tax.  The 
0.3% transportation sales tax was approved by the voters in 
September 2005 and went into effect on January 1, 2006.  The 
purpose of the tax is to assist in funding the City’s vital transportation 
needs, and it generates approximately $10.5 million in revenue 
annually.  

The City’s Capital Improvement Program (CIP) has identified two 
projects to be bond funded with revenues pledged from the 
Transportation Sales Tax:  Happy Valley Road from 67th Avenue to 
Lake Pleasant Parkway and 83rd Avenue from Williams Road to Calle 
Lejos. The projects will be financed with the proceeds from the sale of 
Municipal Development Authority Revenue Bonds.

Motion was made by Vice Mayor Carlat, seconded by Councilmember 
Aames, to adopt RES. 08-35 to authorize the issuance of not-to-
exceed $50 million aggregate principal amount of Peoria Municipal 
Development Authority, Inc. Senior Lien Transportation Sales Tax and 
Subordinate Lien Excise Tax and State Shared Revenue Bonds, 
Series 2008, and approved certain matters pertaining to the bonds, 
including declaring an emergency (LCON01608). Upon vote, the 
motion carried unanimously.

22R	Contract Amendment, J. Banicki Construction, Sound Wall 
Construction, Lake Pleasant Parkway, Parkridge and 
Ironwood Subdivisions

Dave Moody, Engineering Director, provided background on a request 
for approval of a contract amendment with J. Banicki Construction for 
the construction of two sound walls along the Lake Pleasant Parkway, 
Parkridge and Ironwood subdivisions.

A noise study performed in 2001 showed the projected increase in 
noise associated with the construction of Lake Pleasant Parkway 
would exceed 65dBA in these housing areas.  According to the 
Department of Housing and Urban Development (HUD) Noise Impact 
Standard, a noise level greater than 65 dBA qualifies for mitigation 
efforts.

Motion was made by Vice Mayor Carlat, seconded by Councilmember 
Evans, to approve Contract Amendment No. 1 for Guaranteed 
Maximum Price No. 1 (GMP No. 1) in the amount of $2,208,208.07 to 
J. Banicki Construction for the construction of two sound walls along 
the Lake Pleasant Parkway, Parkridge and Ironwood Subdivisions 
(LCON00408A).  Upon vote, the motion carried unanimously.

CALL TO THE PUBLIC:  (NON-AGENDA ITEMS)  None.

Reports from the City Manager:	  None.

Reports from City Council:

Councilmember Leone reported on his attendance at a Valentine’s 
Day Party and a dinner at Rio Vista Park honoring volunteers.

Councilmember Hunt extended her appreciation to everyone at City 
Hall involved in the blood drive in honor of Jessica Mireles. 
Councilmember Hunt reminded the public to attend the 14th Northwest 
Black History Committee Community Cultural Awareness Music 
Festival to be held in the Amphitheater at City Hall on February 23 
and 24, 2008.

Vice Mayor Carlat announced that the Arizona Department of 
Transportation would be holding a public meeting at the Westwing 
Community Center at 6:00 p.m. on Thursday, February 21, 2008, 
regarding the Loop 303.

Reports from the Mayor:  None.

ADJOURNMENT:

	Being no further business to come before the Council, the meeting 
was duly adjourned at 9:05 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 19th day of February, 2008.  I further certify that 
the meeting was duly called and held and that a quorum was present.

Dated this 15th day of April, 2008.                                                   

(Seal)


______________________________________
Mary Jo Kief, City Clerk