MUNICIPAL OFFICE COMPLEX 8401 W. MONROE STREET PEORIA, AZ 85345 CITY COUNCIL: Mayor Bob Barrett Acacia District Vicki Hunt, Vice Mayor Ironwood District Dave Pearson Mesquite District Cathy Carlat Palo Verde District Ron Aames Pine District Carlo Leone Willow District Joan Evans City Manager Terry Ellis CITY COUNCIL REGULAR MEETING NOTICE & AGENDA Tuesday, November 20, 2007 7:00 P.M. CITY COUNCIL CHAMBER RESULTS CONVENE: PLEDGE: ROLL CALL: FINAL CALL TO SUBMIT SPEAKER REQUEST FORMS: PRESENTATION: 1. Presentation of Proclamation in Memoriam to the family of former Councilmember and Vice Mayor Jim Saunders 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 Study Session – September 4, 2007 Regular Meeting – September 4, 2007 Council Workshop – September 15, 2007 Study Session – September 18, 2007 Regular Meeting – September 18, 2007 Regular Meeting – October 2, 2007 2C Reappointments, Boards and Commissions PASSED Discussion and possible action to approve the recommendations from the Council Subcommittee on Boards and Commissions Appointments and adopt RES. 07-156 through RES. 07-163 pertaining to the following reappointments: RES. 07-156 Reappointing Brandon Squire, as a regular member, and Karen McDaniel as an alternate member, to the Board of Adjustment with terms to expire December 2011. RES. 07-157 Reappointing Michael Bellard as a regular member to the Building Board of Appeals with a term to expire December 2011. RES. 07-158 Reappointing Wade Gendreau, as a regular member, and Scott Phillips as an alternate member, to the Design Review Appeals Board with terms to expire December 2011. RES. 07-159 Reappointing Roy Bade as a regular member to the Design Standards Advisory Board with a term to expire December 2011. RES. 07-160 Reappointing Priscilla Cook as a regular member to the Historic Preservation Commission with a term to expire December 2011. RES. 07-161 Reappointing Michael Worlton, as a regular member, and Anne Wojcik, as an alternate member, to the Planning and Zoning Commission with terms to expire December 2011. RES. 07-162 Reappointing Penny Hughes, as a regular member, to the Sister Cities Board with a term to expire December 2011. RES. 07-163 Reappointing Reed Webber as a regular member to the Veterans Memorial Board with a term to expire December 2011. 3C Code Amendment, Chapter 25, Water, Water Conservation and Drought Management Procedures PASSED Discussion and possible action to adopt ORD 07-37 amending Chapter 25 of the Peoria City Code (1992 Edition) by revising Sections 25-1 through 25-74 and Tables 25-31 and 25-32 dividing the portion of these sections which pertain to water into related categories and to provide a more user- friendly Code. 4C Void 5C Grants, State of Arizona Department of Homeland Security PASSED Discussion and possible action to: a) Approve the acceptance of three grants from the State of Arizona Department of Homeland Security in an amount totaling $779,320 for chemical, biological, radiological, nuclear or explosive (CBRNE) weapon detection and interoperability; terrorism liaison officer training; and Community Emergency Response Team (CERT) training, in order to further integrate Peoria as part of the statewide disaster response program (LCON08707, LCON08807 and LCON08907); and b) Approve a budget transfer in the amount of $779,320 from the Proposed Grant Fund Contingency Account to the following Federal Homeland Security Grant Fund Accounts: the Medium Duty CBRNE Response, Trucks and Vans Account in the amount of $425,000; Operational Supplies and Equipment Account in the amount of $125,000; Overtime – Training Account in the amount of $170,000; and Local Training Account in the amount of $30,000; to the CERT Program, General Overtime Account in the amount of $15,000; and Operational Supplies and Equipment Account in the amount of $4,320; and to the Terrorism Liaison Program, Operational Supplies and Equipment Account in the amount of $10,000. 6C Intergovernmental Agreement, Maricopa County Department of Transportation, Deer Valley Road Widening and Drainage Improvements, 83rd Avenue to 91st Avenue PASSED Discussion and possible action to approve an Intergovernmental Agreement (IGA) with the Maricopa County Department of Transportation for the Deer Valley Road widening and drainage improvements from 83rd Avenue to 91st Avenue. (LCON09007) 7C Contract, Salt River Project (SRP), Design and Construction Services, Relocation of Electrical Cabinets and Vaults, 91st Avenue and Olive Avenue PASSED Discussion and possible action to authorize a contract in the estimated amount of $163,608 with Salt River Project (SRP) under Job Order Number KJ6-248 for design and construction services associated with the relocation of electrical cabinets and vaults located at the northwest corner of 91st Avenue and Olive Avenue. (LCON09107) 8C Contract, Central Arizona Project, Municipal and Industrial (M&I) Water Service Charges PASSED Discussion and possible action to approve a payment agreement in the amount of $3,670,364.37 with Central Arizona Project (CAP) for past M&I water service charges for 5,527 acre feet of Colorado River water supplies. (LCON09207) 9C Contract Amendment, Carter and Burgess, Inc., Happy Valley Road Widening, 75th Avenue to Lake Pleasant Parkway, and New Sewer Project, Sunrise Mountain PASSED Discussion and possible action to: a) Approve Contract Amendment No. 2 in the not-to-exceed amount of $979,902.46 with Carter and Burgess, Inc. for construction administration and design services associated with the construction of Happy Valley Road widening from 75th Avenue to Lake Pleasant Parkway (ACON 37907B); b) Approve the creation of a new sewer project in the Capital Improvement Program for the Sunrise Mountain sewer line to be designed and constructed by the City, but paid by the developer; and c) Approve a budget transfer in the amount of $26,100 from the General Fund Contingency Account to the Outside Sources Fund Wastewater System Account to fund the design of the sewer line. 10C Contract Amendment, Loris and Associates, Skunk Creek Trail Project PASSED Discussion and possible action to approve Contract Amendment No. 2 in the amount of $6,000 with Loris and Associates, Inc. for engineering services for the Skunk Creek Trail project. (LCON05306B) 11C Authorize Expenditure and Budget Transfer, New River Trail, Grand Avenue and Olive Avenue PASSED Discussion and possible action to: a) Authorize the use of General Fund Reserves and approve a budget transfer in the amount of $83,080 from the General Fund Contingency Account to the General Fund Parks Construction Account; b) Authorize payment in the amount of $1,310,498 to the Arizona Department of Transportation for construction and administration services for New River Trail between Grand Avenue and Olive Avenue; and c) Authorize charging this expense to the Fiscal Year 2008 Capital Improvement Project (CIP), New River Trail General Fund Parks Construction Account. 12C Authorize Expenditure, Bunney’s, Inc. West Wing Elementary School Crossing, Sidewalk, and Handicap Ramp, High Desert Drive PASSED Discussion and possible action to approve an expenditure in the amount of $18,016.10 to Bunney’s, Inc., utilizing the existing on-call contract for the construction of a school crossing, sidewalk, and handicap ramp along High Desert Drive at the West Wing Elementary School. 13C Authorize Expenditure, Northwest Woodland Services, Inc., Sunrise Mountain Trail Design and Construction PASSED Discussion and possible action to: a) Authorize an expenditure in the amount of $113,200 to Northwest Woodland Services, Inc. for trail design and construction at Sunrise Mountain; b) Add a $25,000 project contingency; and c) Authorize charging this expense to the Fiscal Year 2008 Capital Improvement Project (CIP), Mountain Trail Development Account. 14C Comprehensive Annual Financial Report, Single Audit and Management Letter PASSED Discussion and possible action to receive and file the Comprehensive Annual Financial Report, Single Audit and Management Letter for the fiscal year ending June 30, 2007. 15C Quarterly Investment Report PASSED Discussion and possible action to review and accept the Quarterly Investment Report for the period ending September 30, 2007. 16C Final Plat, Blackstone at Vistancia, Parcel B7, Blackstone Drive and Moura Drive PASSED Discussion and possible action to re-approve the Final Plat for Blackstone at Vistancia Parcel B7, located at the southeast corner of Blackstone Drive and Moura Drive, subject to stipulations. (Project No. R070062) 17C Final Plat, Mountainside Crossing, Lake Pleasant Parkway and Happy Valley Road PASSED Discussion and possible action to approve the Final Plat for Mountainside Crossing, located at the southeast corner of Lake Pleasant Parkway and Happy Valley Road, subject to stipulations. (Project No. R070015) 18C Final Plat, Par Estates, 75th Avenue and Mountain View Road PASSED Discussion and possible action to approve the Final Plat for Par Estates, located at the northeast corner of 75th Avenue and Mountain View Road, subject to stipulations. (Project No. R060149) 19C Re-Plat, Lot 1, Mack, Arrowhead Phases 1, 2, and 3, 87th Avenue and Thunderbird Road PASSED Discussion and possible action to approve the Re-Plat of Lot 1 of the Amended Final Plat for Mack, Arrowhead Phases 1, 2, and 3, located on the north side of 87th Avenue and Thunderbird Road, subject to stipulations. (Project No. R070005C) 20C Authorization to Hold an Executive Session PASSED Pursuant to A.R.S. § 38-431.03.A.4 and 38-431.03.A.7 : Discussion and possible action to authorize the holding of an Executive Session for the purpose of: a) Discussion and consultation with legal counsel for legal advice on pending litigation and arbitration in City of Tolleson v. City of Peoria; and b) Discussion with representatives of the public body regarding the acquisition of real property owned by New River Utility Company. Note: Executive Session will be held after the adjournment of the 7:00 p.m. Regular City Council Meeting and the Vistancia Community Facilities District Meeting. REGULAR AGENDA NEW BUSINESS 21R PUBLIC HEARING - Liquor License, CeCe’s Market and Deli, 9501 W Peoria Avenue PASSED PUBLIC HEARING: RE: A new Off-Sale Wine and Beer Liquor License (Series 10) for CeCe’s Market & Deli, located at 9501 W. Peoria Avenue #101/102, Heather Malan, Applicant, LL#10010510. Staff Report/Public Comment: Council Action: Discussion and possible action to recommend denial to the State Liquor Board for a new Off-Sale Wine and Beer Liquor License (Series 10) for CeCe’s Market & Deli, located at 9501 W. Peoria Avenue #101/102, Heather Malan, Applicant, LL#10010510. 22R PUBLIC HEARING – General Plan Amendment, Circulation Element, Northern Avenue/Parkway, Happy Valley Road/Parkway and 103rd Avenue, Between Northern Avenue and Olive Avenue PASSED PUBLIC HEARING: RE: Amendment to the Circulation Element of the General Plan to revise text and policies to reflect Northern Avenue/Parkway and Happy Valley Road/Parkway as controlled access roadways and reclassify 103rd Avenue, between Northern Avenue and Olive Avenue, from a collector to an arterial roadway. (GPA 07-02) Staff Report/Public Comment: Council Action: Discussion and possible action to adopt RES 07-164 amending the Circulation Element of the General Plan to revise text and policies to reflect Northern Avenue/Parkway and Happy Valley Road/Parkway as controlled access roadways and reclassify 103rd Avenue, between Northern Avenue and Olive Avenue, from a collector to an arterial roadway. 23R PUBLIC HEARING – General Plan Amendment, Recreation and Open Space Element, Parks, Recreation, Open Space and Trails Master Plan PASSED PUBLIC HEARING: RE: Amendment to the Recreation and Open Space Element of the General Plan to create consistency with the Parks, Recreation, and Open Space and Trails Master Plan. (GPA 07-07) Staff Report/Public Comment: Council Action: Discussion and possible action to adopt RES 07-165 amending the Recreation and Open Space Element of the General Plan to create consistency with the Parks, Recreation, and Open Space and Trails Master Plan. 24R PUBLIC HEARING – General Plan Amendment, Plan Area Boundaries, Deer Valley Road and El Mirage Road Alignments and Litchfield Road and Jomax Road Alignments PASSED PUBLIC HEARING: RE: Amendment to the Plan Area Boundary of the General Plan adding approximately 318.4 acres near the Deer Valley Road and El Mirage Road alignments; and deleting approximately 181.6 acres in two areas generally located near the Litchfield Road and Jomax Road alignments. (GPA 07-09) Staff Report/Public Comment: Council Action: Discussion and possible action to adopt RES 07-166 amending the Plan Area Boundary of the General Plan adding approximately 318.4 acres near the Deer Valley Road and El Mirage Road alignments; and deleting approximately 181.6 acres in two areas generally located near the Litchfield Road and Jomax Road alignments. 25R PUBLIC HEARING – General Plan Amendment, Plan Administration Element, Water Policy Evaluation PASSED PUBLIC HEARING: RE: Amendment to the Plan Administration Element of the General Plan to include the evaluation of the water policy as a 5th criterion for consideration of Major General Plan Amendments. (GPA 07-10) Staff Report/Public Comment: Council Action: Discussion and possible action to approve and adopt RES 07-167 amending the Plan Administration Element of the General Plan to include the evaluation of the water policy as a 5th criterion for consideration of Major General Plan Amendments of the General Plan. 26R Principles of Sound Water Management PASSED Discussion and possible action to adopt RES 07-168 adopting the Principles of Sound Water Management. 27R PUBLIC HEARING – Water, Wastewater and Solid Waste Proposed Rates Adjustment PASSED PUBLIC HEARING: RE: Proposed changes to water, wastewater and solid waste rates. Staff Report/Public Comment: Council Action: Discussion and possible action to adopt RES 07-169 adjusting water, wastewater and solid waste rates and establishing the new rates effective January 2, 2008. 28R Code Amendment, Chapter 2, Utility Fees, Installation and Service Costs PASSED Discussion and possible action to adopt ORD 07-38 amending Chapter 2 of the Peoria City Code (1992 Edition) by revising Section 2-224(a), Table 2-224 pertaining to Utility fees inserting the fees which reflect the cost to the City for the installation of certain items or the cost to provide the particular service into Table 2-224. 29R New Classifications, Economic Development Department and Public Works Department PASSED Discussion and possible action to establish new classifications in the Economic Development Department and Public Works Department. 30R Highway Expansion and Extension Loan Program, Union Hills Traffic Interchange Project, 75th Avenue and Union Hills Drive PASSED Discussion and possible action to authorize the City Manager to execute an application for assistance from the Highway Expansion and Extension Loan Program (HELP), to accelerate the construction of the Union Hills Traffic Interchange project to alleviate congestion at the Loop 101 interchanges at 75th Avenue and Union Hills Drive, concurrent with the City of Peoria Beardsley Connection project. (LCON08607) 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. 2007 Clean Air Campaign Award 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.