CITY COUNCIL REGULAR MEETING
NOTICE & AGENDA
Tuesday, March 4, 2008
7:00 P.M.
CITY COUNCIL CHAMBER

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


CONVENE:
PLEDGE:
ROLL CALL:

FINAL CALL TO SUBMIT SPEAKER REQUEST FORMS:

PRESENTATION:

1.  Recognition of Sarah Slankard for receiving a Platinum Award from United Blood Services for coordinating this year’s blood drive for City employees.

2.  Presentation honoring Greg Eckman, Human Resources Director, announcing his retirement and acknowledging his years of service to the City of Peoria.

 
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  Annexation, Lake Pleasant Parkway and Camino de Oro

Discussion and possible action to adopt ORD. 08-04 approving the annexation of approximately 4.5 acres located at the southwest corner of Lake Pleasant Parkway and Camino de Oro. (ANX 07-02)

2C  Intergovernmental Agreement, Maricopa County Parks and Recreation Department, Multi-Modal Trail, Maricopa County Regional Trail

Discussion and possible action to authorize the City Manager to execute an Intergovernmental Agreement with the Maricopa County Parks and Recreation Department to partner and support construction of a multi-modal trail section of the County’s Maricopa Regional Trail. (LCON01708)

3C  Facilities Transfer Agreement, Salt River Project, Irrigation Facilities Abandonment, 91st Avenue and Olive Avenue

Discussion and possible action to authorize the City Manager to execute a Facilities Transfer Agreement with Salt River Project (SRP) for the abandonment of SRP irrigation facilities for the 91st Avenue and Olive Avenue Intersection Improvement Project. (LCON01808)

4C  Contract, Valley Rain Construction Corporation, Clarence B. Hayes Park Renovations, 75th Avenue and Mountain View Road

Discussion and possible action to award a design build contract for a Guaranteed Maximum Price of $650,000 to Valley Rain Construction Corporation for park renovations to the Clarence B. Hayes Park, located at 75th Avenue and Mountain View Road. (LCON01908)

5C  Contract Amendment, Red Oak Consulting, Impact Fee Update

Discussion and possible action to:

a)   Approve a Contract Amendment No. 1 in the amount of $23,000 with Red Oak Consulting for additional services provided during the 2007-2008 General Government Impact Fee update (LCON02907A);

b)   Approve the use of General Fund Reserves; and

c)    Authorize a budget transfer in the amount of $23,000 from the General Fund Contingency Account to various Impact Fee Fund accounts.

6C  Authorize Payment, ZW Holdings, LLC, Fence Installation, 112th Avenue Between Beardsley Road and Rose Garden Lane

Discussion and possible action to:

a)   Approve a payment in the amount of $32,900.50 to ZW Holdings, LLC for the removal of an existing fence and the installation of a perimeter fence along 112th Avenue between Beardsley Road and Rose Garden Lane, per Development Agreement with Linden Tree Nursery;

b)   Approve the use of General Fund Reserves; and

c)    Approve a budget transfer in the amount of $32,901 from the General Fund Contingency Account to the Grounds Detention Repair and Maintenance Account. 

7C  Authorize Expenditure, Northwest Woodland Services, Inc., Calderwood Butte Mountain Trail Construction, Lake Pleasant Parkway and Jomax Road

Discussion and possible action to:

a)   Authorize an expenditure in the amount of $89,450 to Northwest Woodland Services, Inc. (NWS) for trail construction at Calderwood Butte Mountain; and

b)   Approve a $10,000 project contingency.

8C  Authorize Expenditure, J. Banicki, Inc., Rubberized Overlay, Bell Road from New River Bridge, West of Loop 101 to 95th Avenue

Discussion and possible action to approve an expenditure of funds in the amount of $683,363.90 to J. Banicki, Inc. utilizing Job Order Contract No. 07-03 between the City of Chandler and J. Banicki, Inc. for the mill and rubberized overlay of Bell Road from the New River Bridge, west of the Loop 101 to the County at approximately 95th Avenue. 

9C  Budget Transfer, Gila River Indian Community, Water Lease Agreement

Discussion and possible action to approve a budget transfer in the amount of $29,685.61 from the Water Fund Contingency Account to the Water Resource Project Funds Land Acquisition Account for payment of the Gila River Indian Community Water Lease Agreement, Capital Improvement Project UT00033 Central Arizona Project (CAP) Water Rights.

10C  Budget Transfer, Vistancia Fire Station Construction and Dedication Reimbursement

Discussion and possible action to:

a)   Authorize the use of available reserves from the Fire Impact Fee Fund in the amount of $2,000,000; and

b)   Approve a budget transfer from the General Fund Contingency Account to the Fire Impact Fee Fund Account for partial reimbursement toward the construction and dedication of the Vistancia Fire Station per the Vistancia Development Agreement.

11C  City Council Code of Teamwork and Cooperation

Discussion and possible action to reaffirm the City Council Code of Teamwork and Cooperation (CP#1-1) approved by City Council July 10, 2007.

12C  Maintenance Improvement District No. 1087, Peoria 53, 91st Avenue and Butler Drive

Discussion and possible action to approve the Petition of Formation and adopt RES. 08-36 Intention and Ordering formation of proposed Maintenance Improvement District No. 1087, located on 91st Avenue and Butler Drive; and adopt RES. 08-37 ordering the work within the proposed Maintenance Improvement District.

13C  Deeds and Easements, Various Locations

Discussion and possible action to adopt RES. 08-38 accepting deeds and easements for various real property interests acquired by the City and previously recorded by the Maricopa County Recorder’s Office.

14C  Designate Roadways, Establish Rights-of-Way, Various Locations

Discussion and possible action to adopt RES. 08-39 designating various real properties to be used as City roadways and authorize the establishment of public rights-of-way to be opened and maintained by the City as a public street.

15C  Final Plat, Riverwalk Professional Center North, 77th Avenue and Deer Valley Road

Discussion and possible action to approve the Final Plat for Riverwalk Professional Center North, located at the southeast corner of 77th Avenue and Deer Valley Road, subject to stipulations. (Project No. R070085)

16C  Final Plat, Trilogy at Vistancia, Parcel C2, Trilogy Boulevard and Vistancia Boulevard

Discussion and possible action to approve the Final Plat of Trilogy at Vistancia, Parcel C2, located at the northwest corner of Trilogy Boulevard and Vistancia Boulevard, subject to stipulations. (Project No. R070010)

17C  Authorization to Hold an Executive Session

Pursuant to A.R.S. § 38-431.03.A.5:  Authorize an Executive Session for the purpose of discussion and consultation with legal counsel and designated representatives of the public body pertaining to contract negotiations with employee organizations.

Note:  Executive Session will be held after the adjournment of the 7:00 p.m. Regular City Council Meeting.


REGULAR AGENDA

NEW BUSINESS

18R  Off-Track Wagering License Renewal, Gallagher’s Food and Fun, 6750 W. Peoria Avenue

PUBLIC HEARING:  RE:  An Off-Track Wagering License Renewal for American Greyhound Racing Inc. to telecast at Gallagher’s Food & Fun, located at 6750 W. Peoria Avenue. Applicant: Daniel Luciano. OTW#14187.

Open Public Hearing:
Staff Report:
Public Comment:
Close Public Hearing:

Council Action:  Discussion and possible action to recommend approval to the Arizona Racing Commission of an Off-Track Wagering License Renewal for American Greyhound Racing Inc. to telecast at Gallagher’s Food & Fun, located at 6750 W. Peoria Avenue. Applicant: Daniel Luciano. OTW#14187.

19R  PUBLIC HEARING – Liquor Licenses, Various Locations

PUBLIC HEARING:  RE: 

a)   A new Wine and Beer Liquor License (Series 10) for Fresh & Easy Neighborhood Market, located at 9060 W. Northern Avenue. Applicant:  Randy D. Nations.  LL#10011330; and

b)   A new Restaurant Liquor License (Series 12) for Magdalena’s Tex Mex Restaurant located at 16140 N. Arrowhead Fountain Center Drive, Suite 104. Applicant: Daniel A. Hinojosa.  LL#10011224.

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)   A new Wine and Beer Liquor License (Series 10) for Fresh & Easy Neighborhood Market, located at 9060 W. Northern Avenue. Applicant:  Randy D. Nations.  LL#10011330; and

b)   A new Restaurant Liquor License (Series 12) for Magdalena’s Tex Mex Restaurant located at 16140 N. Arrowhead Fountain Center Drive, Suite 104. Applicant: Daniel A. Hinojosa.  LL#10011224.

20R  General Plan Amendment, 83rd Avenue and Olive Avenue

Discussion and possible action to concur with the Planning and Zoning Commission’s recommendation for a continuance for a proposal to adopt a Resolution to approve 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)

21R  Rezoning, 83rd Avenue and Olive Avenue

Discussion and possible action to concur with the Planning and Zoning Commission’s recommendation for a continuance for a proposed 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)

22R  Contract, Somerset Landscape Maintenance and HMS Landscapes Inc., Right-of-Way Landscape Maintenance

Discussion and possible action to:

a)   Award a one-year term contract with four one-year extensions in the annual amount of $279,000 to Somerset Landscape Maintenance for right-of-way landscape maintenance south of Bell Road (LCON????);

b)   Award a one-year term contract with 4 one-year extensions in the annual amount of $187,268 to HMS Landscapes Inc. for right-of-way landscape maintenance north of Bell Road (LCON????); and

c)    Authorize a budget transfer in the amount of $100,000 from the General Fund Contingency Account to the Parks South Grounds Maintenance Account in the amount of $50,000 and to the Parks North Grounds Maintenance Account in the amount of $50,000.

23R  Contract, Michael Wilson Kelly-Architects, Ltd., Master Plan, Community Center Expansion and Remodeling Assessment

Discussion and possible action to:

a)   Approve a contract for an amount not to exceed $174,300 with Michael Wilson Kelly-Architects, Ltd. for formulating a master plan to assess the expansion and remodeling of the Community Center and annex (LCON02208); and

b)   Authorize expenditures for City-paid project expenses in an amount up to $174,300.

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.   Peoria Festival of the Arts – Grady Miller, Director of Communications and Public Affairs 

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.