MUNICIPAL OFFICE COMPLEX 8401 W. MONROE STREET PEORIA, AZ 85345 CITY COUNCIL: Mayor Bob Barrett Palo Verde District Ron Aames, Vice Mayor Acacia District Vicki Hunt Ironwood District Dave Pearson Mesquite District Cathy Carlat Pine District Carlo Leone Willow District Joan Evans City Manager Carl Swenson CITY COUNCIL REGULAR MEETING NOTICE & AGENDA Tuesday, September 21, 2010 7:00 PM CITY COUNCIL CHAMBER CONVENE: PLEDGE: ROLL CALL: FINAL CALL TO SUBMIT SPEAKER REQUEST FORMS: PRESENTATION: 1. Proposed Ruling from Environmental Protection Agency regarding Air Quality 2. Certificates of Appointment to the following Board and Commission members who were appointed by Resolution at the August 17, 2010 City Council meeting: * Geoff Scott appointed to the Economic Development Advisory Board * Mike Fusco appointed to the Historic Preservation Commission * Aimee Upton appointed to the Parks and Recreation Board * Brian Derrick appointed to the Parks and Recreation Board 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 Disposition of Absence Discussion and possible action to excuse the absence of Mayor Bob Barrett from the Special Meeting and Study Session held at 4:00 p.m. on September 07, 2010. 2C Appointments, Boards and Commissions Discussion and possible action to approve the recommendations from the Council Subcommittee on Boards and Commissions Appointments pertaining to the following appointments and adopt the Resolutions as presented: Adopt RES. 2010-75 appointing Judy Fahey, as a regular member, to the Employee Benefits Trust Board; Adopt RES. 2010-76 appointing Lisa Wakefield, as a regular member, to the Veterans Memorial Board; and Adopt RES. 2010-77 appointing Jacob Jelinek, as a regular member, to the Youth Advisory Board. 3C Grant, Arizona State Library, Archives and Public Records, Patron Materials Discussion and possible action to (a) accept a grant in the amount of $3,260 from the Library Services and Technology Act (LSTA), administered by the State Library, Archives and Public Records to provide special one-time funding for additional materials for the collection and (b)authorize a budget adjustment in the amount of $3,260 from the Proposed Grant Contingency Account to the Library Books, Periodicals and Subscriptions Account. (LCON09110) 4C Intergovernmental Agreement, Arizona Department of Transportation, Lake Pleasant Parkway; Dynamite Boulevard (Westwing Parkway) to Central Arizona Project Canal Discussion and possible action to adopt RES. 2010-78 approving an Intergovernmental Agreement with the Arizona Department of Transportation for the final design of Lake Pleasant Parkway; Dynamite Boulevard (Westwing Parkway) to the Central Arizona Project Canal. (Engineering Project No. EN00241, IGA/JPA 10-075-I, TRACS No.:SS 880 03D) (LCON09210) 5C Intergovernmental Agreement, Maricopa County Flood Control District, Pinnacle Peak Road Channel and Basin Improvements, 99th Avenue to Agua Fria River Discussion and possible action to (a) adopt RES. 2010-79 approving an Intergovernmental Agreement with the Flood Control District of Maricopa County for the construction, construction management, operation and maintenance for Pinnacle Peak Road Channel and Basin improvements, 99th Avenue to Agua Fria River; and (b) authorize the City Manager to execute the agreement. (LCON09310) 6C Establish 401(a) Money Purchase Plan with International City Management Association Retirement Corporation for Fire Chief Discussion and possible action to adopt RES. 2010-80 authorizing the City Manager to enter into an agreement with the International City Management Association (ICMA) Retirement Corporation to provide a 401(a) Governmental Money Purchase Plan for the Fire Chief. 7C Contract, ICMA, 401(a) Money Purchase Plan and Trust Agreement Discussion and possible action to approve the ICMA Money Purchase Plan Agreement and Trust Adoption Agreement. (LCON09410 and LCON09410A) 8C Contract, Quest Civil Constructors, Trunk Sewer Rehabilitation Project Discussion and possible action to award an individual Job Order Contract with Quest Civil Constructors in an amount not to exceed $500,000 for sewer rehabilitation services associated with the trunk sewer rehabilitation project. (UT00296, Solicitation No. P08-0050AP7) (ACON46108P7) 9C Contract, ITS Engineers and Constructors of Utah, Inc., Fiscal Year 2011 Traffic Signal Program Discussion and possible action to award a Job Order Contract in an amount not-to-exceed $735,103 to ITS Engineers and Constructors of Utah, Inc. for the Fiscal Year 2011 Traffic Signal Program. (EN000170, P08-0117BP8) (ACON68808P8) 10C Budget Transfer, Information Technology Center, Uninterruptible Power Supply Battery Replacement Discussion and possible action to approve a budget transfer in the amount of $63,647 from the General Fund Non-Departmental Contingency Account to the Facilities Maintenance Technical Operations Fund Operational Supplies/Equipment Account for the replacement of uninterruptible power supply batteries for the Information Technology Center. 11C Budget Amendment, Contractual Services Discussion and possible action to (a) approve the creation of 2.9 Full Time Equivalent (FTE) regular employee positions utilizing existing part-time and contractual budget authority; and (b) approve transferring existing part-time and contractual authority to appropriate salary accounts. 12C Maintenance Improvement District No. 1112, Sunset Ranch IIB, 99th Avenue and Williams Road Discussion and possible action to approve the Petition of Formation and adopt RES. 2010-81 intention and ordering formation of proposed Maintenance Improvement District No. 1112, Sunset Ranch IIB, 99th Avenue and Wiliams Road; and adopt RES. 2010-82 ordering the improvements within the proposed Maintenance Improvement District. 13C Street Light Improvement District No. 1055, Sunset Ranch IIB, 99th Avenue and Williams Road Discussion and possible action to approve the Petition of Formation, and adopt RES. 2010-83 intention and ordering formation of proposed Street Light Improvement District No. 1055, Sunset Ranch IIB, located on 99th Avenue and Williams Road; and adopt RES. 2010-84 ordering the purchase of electricity for lighting streets and parks within the proposed Street Light Improvement District. REGULAR AGENDA UNFINISHED BUSINESS 14R Conditional Use Permit Appeal, Wireless Communication Facility, Clearwire Heritage Mortuary - 6830 W. Thunderbird Road (32R, August 17, 2010) Discussion and possible action to grant a closed-end continuance of a Conditional Use Permit appeal for a proposed 65-foot high wireless communication facility and associated ground equipment located at 6830 W. Thunderbird Road, subject to conditions. (CU 10-0044) NEW BUSINESS 15R Public Hearing - Liquor License, Various Locations Public Hearing: Re: (a) A New Restaurant Liquor License (Series 12) for On the Border, located at 7873 W. Bell Road. Applicant: Clare H. Abel, LL#10017853; and (b) a New Restaurant Liquor License (Series 12) for Lakes Restaurant, located at 19260 N. Westbrook Parkway. Applicant: Ramzi I. Odesho, LL#10018076. Staff Report: Open Public Hearing: Public Comment: Close Public Hearing: Council Action: Discussion and possible action to recommend approval to the State Liquor Board for: (a) a New Restaurant Liquor License (Series 12) for On the Border, located at 7873 W. Bell Road, Applicant, Clare H. Abel, LL#10017853; (b) a New Restaurant Liquor License (Series 12) for Lakes Restaurant, located at 19260 N. Westbrook Parkway. Applicant: Ramzi I. Odesho, LL#10018076. 16R Public Hearing - Off-Track Wagering License Renewals, Turf Paradise, Various Locations Public Hearing: RE: Off-Track Wagering License Renewals for the Ramada Inn, 8955 NW Grand Avenue; McDuffy's Sports Bar, 15814 N. 83rd Avenue; and Gallaghers Food and Fun, 6750 W. Peoria Avenue. Staff Report: Open Public Hearing: Public Comment: Close Public Hearing: Council Action: Discussion and possible action to recommend approval to the Arizona Racing Commission for Off-Track Wagering License Renewals for the Ramada Inn, 8955 NW Grand Avenue; McDuffy's Sports Bar, 15814 N. 83rd Avenue; and Gallaghers Food and Fun, 6750 W. Peoria Avenue. 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. Council Calendar 2. Reports with Presentation 3. Informational (The following items are included for informational purposes only. There will be no separate discussion of these items unless a Councilmember so requests.) a. Smithsonian Exhibit/Gallery Space 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, assistive listening devices or interpretation in languages other than English 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.