MUNICIPAL OFFICE COMPLEX 8401 W. MONROE STREET PEORIA, AZ 85345 CITY COUNCIL: Mayor Bob Barrett Mesquite District Cathy Carlat, Vice Mayor Acacia District Vicki Hunt Ironwood District Dave Pearson Palo Verde District Ron Aames Pine District Carlo Leone Willow District Joan Evans City Manager Terry Ellis CITY COUNCIL REGULAR MEETING NOTICE & AGENDA Tuesday, March 18, 2008 7:00 P.M. CITY COUNCIL CHAMBER RESULTS CONVENE: PLEDGE: ROLL CALL: FINAL CALL TO SUBMIT SPEAKER REQUEST FORMS: PRESENTATION: 1. Lawrence Enyart Architects to present two fire station design awards for the design and build of Fire Station #7, located at 7758 W. Jomax Road. CONSENT AGENDA CONSENT AGENDA: All items listed with “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. CONSENT – New Business: 1C MINUTES: PASSED Special Meeting and Study Session – December 18, 2007 Regular Meeting – December 18, 2007 Special Meeting and Study Session – January 15, 2008 Regular Meeting – January 15, 2008 Regular Meeting – February 5, 2008 Council Workshop – February 8, 2008 Council Workshop – February 9, 2008 2C Code Amendment, Chapter 13, Public Service and Telecommunication Corporation Vehicles PASSED Discussion and possible action to adopt ORD. 08-05 amending Chapter 13 of the Peoria City Code (1992 Edition) pertaining to public service and telecommunication corporation vehicles by amending the Criminal Nuisance PM-10 Code. 3C Code Amendment, Chapter 14, Permitted Conditional Use, Wedding and Reception Centers PASSED Discussion and possible action to concur with the Planning and Zoning Commission’s recommendation to adopt ORD. 08-06 amending Chapter 14 of the Peoria City Code (1977 Edition) by amending Section 14-9-3, Non-Residential Districts Land Use Matrix, to add wedding and reception centers as a permitted conditional use within the Office Commercial Zoning District O-1. (TA08-01) 4C Memorandum of Understanding, Arizona Office of the State Fire Marshal, Plan Review and Inspection of Schools, State and County Buildings PASSED Discussion and possible action to authorize the City Manager to execute a Memorandum of Understanding (MOU) with the Arizona Office of the State Fire Marshal to conduct plan reviews and inspections of schools, state and county buildings within the boundaries of the City of Peoria. (LCON12208) 5C Construction of Waterline Agreement, Barclay-Pleasant Valley, LLC, Loop System Water Service Line, Mountainside Crossing, Happy Valley Road and Lake Pleasant Road PASSED Discussion and possible action to approve a Construction of Waterline Agreement with Barclay-Pleasant Valley, LLC to construct a loop system water service line for development at Mountainside Crossing, located at Happy Valley Road and Lake Pleasant Road. (LCON02308) 6C Contract, Damon S. Williams, Environmental Consulting Services PASSED Discussion and possible action to: a) Approve a single source selection and award a contract to Damon S. Williams in the amount of $37,320 for environmental consulting services (LCON02408); and b) Approve a budget transfer in the amount of $37,320 from the Water Fund Contingency Account to the Utilities Environmental Professional Services Account. 7C Contract Amendment, Aztec Engineering, Inc., Construction Documents, New River Trail between Northern Avenue and Olive Avenue PASSED Discussion and possible action to approve Contract Amendment No. 4 with Aztec Engineering Inc. in an amount not to exceed $65,960 to complete construction documents for the New River Trail segment between Northern Avenue and Olive Avenue. (LCON 05202D) 8C Authorize Expenditure, Police and General Government Radio System PASSED Discussion and possible action to authorize expenditures in the amount of $225,000 for costs related to the Police and General Government Radio System. 9C Budget Carry Over, Solid Waste Services Rate Study PASSED Discussion and possible action to approve a carry over of $39,000 in the Solid Waste Operating Fund, Other Professional Services Account approved in Fiscal Year 2007 for a rate study for Solid Waste Services which was completed in Fiscal Year 2008. 10C Recommended Salary Increases from the Citizens Commission on Salaries for Elected City Officials PASSED Discussion and possible action to accept the recommendation of the Citizens Commission on Salaries for Elected City Officials to increase the salaries of the Mayor and City Council effective January 6, 2009. 11C Maintenance Improvement District No. 1062, Tierra del Rio South, 107th Avenue and Jomax Road PASSED Discussion and possible action to approve the Petition of Formation and adopt RES. 08-40 intention and ordering formation of proposed Maintenance Improvement District No. 1062, Tierra del Rio South, located on 107th Avenue and Jomax Road; and adopt RES. 08-41 ordering the work within the proposed Maintenance Improvement District. 12C Final Plat, Trianna, 88th Avenue and Thunderbird Road PASSED Discussion and possible action to approve the Final Plat for Trianna, located at 88th Avenue and Thunderbird Road, subject to stipulations. (Project No. R070072) 13C Condominium Plat, Empire Business Center, 89th Avenue and Cactus Road PASSED Discussion and possible action to approve the Condominium Plat for Empire Business Center, a Condominium, located at the northwest corner of 89th Avenue and Cactus Road, subject to stipulations. (Project No. R070113) REGULAR AGENDA UNFINISHED BUSINESS 14R PUBLIC HEARING - General Plan Amendment, 83rd Avenue and Olive Avenue (Item 20R, March 4, 2008) CARRIED OVER TO 04/01/08 PUBLIC HEARING: RE: A minor amendment to the General Plan through the Central Peoria Revitalization Plan Land Use Map for approximately 17.2 gross acres generally located north and west of the northwest corner of 83rd Avenue and Olive Avenue from Neighborhood Commercial Mixed Use to High Density Residential (15+ du/ac). Open Public Hearing: Staff Report: Public Comment: Close Public Hearing Council Action: Discussion and possible action to concur with the Planning and Zoning Commission’s recommendation and adopt RES. 08-42 approving a minor amendment to the General Plan through the Central Peoria Revitalization Plan Land Use Map for approximately 17.2 gross acres generally located north and west of the northwest corner of 83rd Avenue and Olive Avenue from Neighborhood Commercial Mixed Use to High Density Residential (15+ du/ac). (GPA07-03) 15R PUBLIC HEARING - Rezoning, 83rd Avenue and Olive Avenue (Item 21R, March 4, 2008) CARRIED OVER TO 04/01/08 PUBLIC HEARING: RE: Rezoning of approximately 17.2 gross acres, generally located north and west of the northwest corner of 83rd Avenue and Olive Avenue, from Office Commercial (O-1) and Intermediate Commercial (C-2) to Planned Area Development (PAD). Open Public Hearing: Staff Report: Public Comment: Close Public Hearing Council Action: Discussion and possible action to concur with the Planning and Zoning Commission’s recommendation and adopt ORD. 08-07 approving the rezoning of approximately 17.2 gross acres, generally located north and west of the northwest corner of 83rd Avenue and Olive Avenue, from Office Commercial (O-1) and Intermediate Commercial (C-2) to Planned Area Development (PAD). (Z07-06) 16R Easement Agreement, Nobel Learning Communities and Meritas, LLC, Fence Installation, Fletcher Heights Park North (Item 15C, January 15, 2008) A MOTION TO DENY AN AMENDMENT TO THE EASEMENT AGREEMENT AND INSTRUCT STAFF TO WORK WITH THE NEIGHBORS TO FORMULATE AN ACTION PLAN FOR A SAFETY BARRIER ALONG HILLCREST BOULEVARD WAS PASSED. Discussion and possible action to authorize the City Manager to execute an amendment to the 2000 easement agreement with Nobel Learning Communities and Meritas, LLC authorizing the installation of a four-foot high safety fence along the perimeter of a portion of Fletcher Heights Park North. (LCON05900A) NEW BUSINESS 17R PUBLIC HEARING – Liquor License, Fleming’s Prime Steakhouse & Wine Bar, 9712 W. Northern Avenue PASSED PUBLIC HEARING: RE: A new Restaurant Liquor License (Series 12) for Fleming’s Prime Steakhouse & Wine Bar, located at 9712 W. Northern Avenue. Applicant: Randy D. Nations. LL#10011591. Open Public Hearing: Staff Report: Public Comment: Close Public Hearing Council Action: Discussion and possible action to recommend approval to the State Liquor Board for a new Restaurant Liquor License (Series 12) for Fleming’s Prime Steakhouse & Wine Bar, located at 9712 W. Northern Avenue. Applicant: Randy D. Nations. LL#10011591. 18R Notice of Intent, Parke West LLC (General Growth Partners), 91st Avenue and Northern Avenue PASSED Discussion and possible action to adopt a notice of intent to enter into an amendment to the development agreement that includes retail sales tax reimbursements with Parke West LLC (General Growth Partners), located at 91st Avenue and Northern Avenue. 19R Contract Amendment, Environmental Planning Group Inc., Landscape Design and Engineering Services, Westwing Neighborhood Park, High Desert Drive and Westwing Boulevard PASSED Discussion and possible action to approve Contract Amendment No. 1 with Environmental Planning Group Inc. (EPG) for an amount not to exceed $163,779 for landscape design and engineering services for the development of construction documents for the Westwing Neighborhood Park project, located west of High Desert Drive and south of Westwing Boulevard. (LCON 04007A) 20R Contract Amendment, FNF Construction, Inc., Thunderbird Road Construction, 94th Drive to Loop 101 PASSED Discussion and possible action to: a) Approve Contract Amendment No. 2 for Guaranteed Maximum Price No. 2 (GMP No. 2) with FNF Construction, Inc. in an amount not to exceed $2,153,059.66, for Construction Manager at Risk services for the initial construction phase of the Thunderbird Road project from 94th Drive to the Loop 101 (LCON06207B); and b) Approve a budget transfer in the amount of $653,059.66 from the General Fund Contingency Account to the Outside Sources Fund Street System Account to provide the additional budgetary authority. CALL TO THE PUBLIC: (NON-AGENDA ITEMS) Your comments pertaining to City Council business are welcome. However, if you wish to address the City Council, please complete a Speaker Request Form and return it to the clerk before the call to order for this meeting. The City Council is not authorized by state law to discuss or take action on any issue raised by public comment until a later meeting. Reports from the City Manager: 1. Presentation of “Doing Business in Peoria” brochure. Reports from City Council: Reports from the Mayor: ADJOURNMENT NOTE: Documentation (if any) for items listed on the Agenda is available for public inspection, a minimum of 24 hours prior to the Council Meeting, at any time during regular business hours in the Office of the City Clerk, 8401 W. Monroe Street, Room 150, Peoria, AZ 85345. Accommodations for Individuals with Disabilities. Alternative format materials, sign language interpretation, and assistive listening devices are available upon 72 hours advance notice through the Office of the City Clerk, 8401 West Monroe Street, Room 150, Peoria, Arizona 85345 (623)773-7340, TDD (623)773-7221, or FAX (623) 773-7304. To the extent possible, additional reasonable accommodations will be made available within the time constraints of the request.