Mayor

Jason Beck

Pine

District

Denette Dunn,

 Vice Mayor

Willow

District

Jon Edwards,

 Mayor Pro Tem

Acacia

District

Jennifer Crawford

Ironwood

District

Bill Patena

Mesquite

District

Brad Shafer

Palo Verde

District

Michael Finn

City Council Meeting

Notice & Agenda

 

Tuesday, December 12, 2023            

City Council Chamber

8401 West Monroe Street

Peoria, AZ 85345

 

Executive Session Meeting
4:00 P.M. Convene

Roll Call

Regular Agenda
1R.Authorization to Hold an Executive Session

Discussion and possible action to authorize the holding of an Executive Session for the purpose of discussions or consultations with designated representatives of the public body and/or legal counsel in order to consider its position and instruct its representatives regarding:

(a)Discussion or consultation for legal advice concerning litigation entitled Luis Duran v. City of Peoria pursuant to A.R.S. § 38-431.03(A)(3) and A.R.S. § 38-431.03(A)(4).
(b)Discussion or consultation for legal advice concerning Agreement Negotiation - North Peoria pursuant to A.R.S. § 38-431.03(A)(3), A.R.S. § 38-431.03(A)(4), A.R.S. § 38-431.03(A)(7).
(c)Discussion or consultation for legal advice concerning Economic Development Contract Negotiations pursuant to A.R.S. § 38-431.03(A)(3), A.R.S. § 38-431.03(A)(4), A.R.S. § 38-431.03(A)(7).

Adjournment

Executive Session

Convene immediately following Special City Council Meeting
Executive Room, City Council Chamber

 
Under the provisions of A.R.S. 38-431.02 there will be a CLOSED EXECUTIVE SESSION.


Executive Session Agenda

2R.Discussion and possible action to authorize the holding of an Executive Session for the purpose of discussions or consultations with designated representatives of the public body and/or legal counsel in order to consider its position and instruct its representatives regarding:
(a)Discussion or consultation for legal advice concerning litigation entitled Luis Duran v. City of Peoria pursuant to A.R.S. § 38-431.03(A)(3) and A.R.S. § 38-431.03(A)(4).
(b)Discussion or consultation for legal advice concerning Agreement Negotiation - North Peoria pursuant to A.R.S. § 38-431.03(A)(3), A.R.S. § 38-431.03(A)(4), A.R.S. § 38-431.03(A)(7).
(c)Discussion or consultation for legal advice concerning Economic Development Contract Negotiations pursuant to A.R.S. § 38-431.03(A)(3), A.R.S. § 38-431.03(A)(4), A.R.S. § 38-431.03(A)(7).

The above-named Public Body of the City of Peoria, Arizona will convene into Executive Session pursuant to A.R.S. 38-431.03 for those items listed on the agenda. Only those persons who are:

  • Members of the Public Body, or
  • Officers of the City that are required to attend, or 
  • Those individuals whose presence is reasonably necessary for the Public Body to carry out its Executive Session responsibilities as determined by the City Attorney may be present during the Executive Session.

All persons who remain present during the Executive Session are reminded that the business conducted in Executive Session, including all discussion taking place herein, is confidential and may not be disclosed to any person, except as permitted by law.


Arizona Open Meeting Act:

Arizona law requires that persons who are present in an executive session receive instruction regarding the confidentiality requirements of the Arizona Open Meetings Act. Minutes and discussions made during executive sessions are confidential and may not be disclosed to any party, except:

  • Members of the Council, 
  • Appointees or employees who were subject of discussion under the personnel item
    subsection of the Open Meetings Act, 
  • County Attorney or Attorney General pursuant to an investigation of a violation of the Open Meetings Act, and
  • Arizona Auditor General in connection with an audit authorized by law.

Any person who violates or who knowingly aids, agrees to aid, or attempts to aid another person in violating the Arizona Open Meetings Law may be punished by fine of up to $500.00 per violation and/or by removal from public office.

 
Regular Meeting
6:00 P.M. Convene

 

Invocation

Pledge of Allegiance

Roll Call

Final Call to Submit Speaker Request Forms

 

If you wish to address the City Council, please complete a Speaker Request Form and return it to the Clerk.

 

NOTE:  The City Council may go into Executive Session at any time during this meeting pursuant to A.R.S. 38-431.03(A)(2) for the purpose of discussion or consideration of records exempt by law from public inspection, including the receipt and discussion of information or testimony that is specifically required to be maintained confidential by state or federal law, and pursuant to A.R.S. 38-431.03(A)(3) for the purpose of discussion or consultation for legal advice with the attorney or attorneys of the public body.

 

Presentation
3.Certificates of Appointment to Newly Appointed Board and Commission Members
Consent Agenda

 

CONSENT AGENDA: All items listed on the Consent Agenda are considered to be routine or have been previously reviewed and/or discussed by the City Council and will be enacted by one motion. There will be no separate discussion of these items. If the Presiding Officer receives a timely notice of a request for removal, an item may be removed from the Consent Agenda for consideration on the Regular Agenda.

 

Consent

4C.Minutes

Discussion and possible action to approve the minutes of:

  • November 14, 2023
5C.Board and Commission Appointments

Discussion and possible action to approve the recommendations from the Council Boards and Commissions Subcommittee and adopt RES. 2023-129 to reappoint members to various Boards and Commissions.

6C.Appointment of Administrative Hearing Officers

Discussion and possible action to adopt RES. 2023-112 to appoint Administrative Hearing Officers for a two-year term.

7C.Recommendation of Hearing Officer, Code Compliance Appeals

Discussion and possible action to uphold three Code Compliance Notices of Violation issued for violations of the Peoria City Code per the written recommendation of the City appointed Hearing Officer.

8C.Land Right Acquisitions, 67th Avenue from Pinnacle Peak Road to Happy Valley Road

Discussion and possible action to adopt RES. 2023-128 authorizing the second phase of acquisitions of property rights to accommodate road widening improvements for 67th Avenue from Pinnacle Peak Road to Happy Valley Road by donation, outright purchase or the exercise of the power of eminent domain, in accordance with budget authority previously approved by Council.

9C.Annexation, 83rd and Acoma Drive
Discussion and possible action to adopt ORD. 2023-21 approving the annexation of approximately 2.9 acres of privately-owned land as part of the expansion of the Fresh Start Church, generally located at the southeast corner of 83rd Avenue and Acoma Drive. 
10C.Intergovernmental Agreement, Arizona Department of Revenue, Providing for Uniform Administration of the City's Transaction Privilege Tax
Discussion and possible action to adopt RES. 2023-123 approving the revised Intergovernmental Agreement with the Arizona Department of Revenue for the uniform administration, licensing, collection, and auditing of transaction privilege tax, use tax, severance tax, jet fuel excise and use tax and rental occupancy taxes imposed by the State or cities or towns.
11C.Intergovernmental Agreement, Shared Joint Use Facilities, Peoria Unified School District

Discussion and possible action to authorize the City Manager to execute an Amendment to the Intergovernmental Agreement for shared joint use of swimming pool facilities between the City of Peoria and the Peoria Unified School District to extend the Agreement to December 31, 2024.

12C.Tohono O'odham Nation Grants
Discussion and possible action to: (a) approve a Grant-In-Aid Agreement with the Tohono O’odham Nation; b) approve a budget amendment in the amount of $136,939 from the Proposed Grant Contingency Fund to the Tohono O’odham Grant Fund; and (c) authorize the City of Peoria to act as the pass-through municipality for the Arizona Broadway Theater, a local 501(c)(3) organization, awarded grant funding in the amount of $49,039 from the Tohono O’odham Nation.
13C.Quarterly Investment Report
Discussion and possible action to receive and file the Quarterly Investment Report for July through September 2023.
14C.Code Amendment, Chapter 11, Massage Facilities

Discussion and possible action to adopt ORD. 2023-20 amending Chapter 11 of the Peoria City Code (1992 Edition) pertaining to Massage Facilities and Functionally Equivalent Bodywork Establishment Operations, by adding sections 11-162 through 11-183.  

15C.Workforce Recognition
Discussion and possible action to approve a one-time, lump sum payment to all eligible AFSCME employees. 
16C.Abandonment of City Interest, Public Water and Sewer Easement, QuikTrip, 67th Avenue and Happy Valley Road

Discussion and possible action to adopt RES. 2023-124 to abandon City interest to a portion of a Public Water and Sewer Easement located within the QuikTrip at the southwest corner of 67th Avenue and Happy Valley Road.

17C.Abandonment of City Interest, Federal Patent Easements, Multiple Locations

Discussion and possible action to adopt RES. 2023-125 and RES. 2023-126 to abandon City interest in portions of Federal Patent Easements in multiple locations within northern Peoria.

18C.Settlement Agreement, Luis Duran v. City of Peoria
Discussion and possible action to: (a) approve the settlement agreement in the amount of $450,000 regarding Luis Duran v. City of Peoria and (b) authorize the City Attorney to execute all necessary documents.
19C.Deeds and Easements, Various Locations

Discussion and possible action to adopt RES. 2023-127 accepting Deeds and Easements for various Real Property interests acquired by the City. The deeds and easements have been recorded by the Maricopa County Recorder’s Office and this process will formally accept them into the system.

20C.Final Plat for Home2 Suites, Jomax Road and Lake Pleasant Parkway
Discussion and possible action to approve a Final Plat for Home2 Suites located on Jomax Road and Lake Pleasant Parkway. Subject to stipulations.
21C.Final Plat, Peoria Shires, 9285 West Weeping Willow Road

Discussion and possible action to approve a Final Plat of Peoria Shires, located at 9285 West Weeping Willow Road. Subject to stipulations.

 

 

22C.Replat, Peoria Sports Complex, South East Corner of Paradise Lane and Stadium Way

Discussion and possible action to approve a Replat of Peoria Sports Complex, located on the southeast Corner of Paradise Lane and Stadium Way. Subject to stipulations.

23C.Liquor License Application Various Locations

Discussion and possible action to recommend approval to the State Liquor Board for:

 

A New On-Sale Beer and Wine (Series 07) Liquor License for Postino Peoria, located at 16165 North 83rd Avenue, Andrea D. Lewkowitz, Applicant, LL#23-011085.

 

A Location Transfer for an Off-Sale All (Series 09) Liquor License for Circle K #3367, located at 8327 West Thunderbird Road, Maria D. Burgess, Applicant, LL#10007688.

 

A New Off-Sale All (Series 09) Liquor License for Dashmart, located at 14131 North Rio Vista Boulevard, Andrea D. Lewkowtiz, Applicant, LL#22-010040.

 

A New Wine and Beer (Series 10) Liquor License for Turquoise Wine Bar Peoria, located at 9299 West Olive Avenue #101, Jennifer Sinconis, Applicant, LL#23-011005.

 

A Location and Person Transfer for an On-Sale Beer and Wine (Series 07) Liquor License for Turquoise Wine Bar Peoria, located at 9299 West Olive Avenue #101, Jennifer Sinconis, Applicant, LL#23-011005.

24C.Bingo License, Casa del Sol East, 10960 North 67th Avenue

Discussion and possible action to recommend approval to the Arizona Department of Revenue for a Class A (Small Game) Bingo License for Casa del Sol East, located at 10960 N. 67th Avenue, Amelia McShane, Applicant, LL#23-011220.

 

 

 
Regular Agenda
New Business
25R.Modification of a Designation of Assured Water Supply Application, Arizona Department of Water Resources

Discussion and possible action to adopt RES. 2023-122 authorizing and directing the City Manager to sign and file a Modification of a Designation of Assured Water Supply application with the Arizona Department of Water Resources, in accordance with budget authority previously approved by Council.

26R.Sale of City Property, 15814 North 83rd Avenue

Discussion and possible action to: (a) authorize the sale of land located at 15814 North 83rd Avenue (APN# 200-53-629); and (b) approve a Development Agreement and an associated Real Estate Purchase Agreement with Dromedary CC, LLC.

27R.Purchase Approval, Bell Textron, Bell 505 Helicopter

Discussion and possible action to approve a contract with Bell Textron, Inc to purchase a helicopter in the amount of $3,342,102, with designated state funding in accordance with budget authority previously approved by Council.

28R.Sales Tax Reimbursement for Public Infrastructure - Notice of Intent
Discussion and possible action to enter into a retail development tax incentive for property located at 83rd Ave and Happy Valley Rd.  Pursuant to ARS 9-500.11, the City Council must give 14-day public notice of intent to enter into a retail sale tax reimbursement to construct public infrastructure.

 

Call To The Public (Non-Agenda Items)
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 City Manager

Reports from Council Youth Liaisons

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, Peoria, Arizona 85345 - Phone: (623) 773-7340 or FAX (623) 773-7304. To the extent possible, additional reasonable accommodations will be made available within the time constraints of the request. The City has a TDD line where accommodations may be requested at: (623) 773-7221.


Public Notice
In addition to the City Council members noted above, one or more members of the City of Peoria Boards and Commissions may be present to observe the City Council meeting as noticed on this agenda.

 

City Council Meetings can be viewed live on Channel 11 (Cox Cable) and are available for viewing on demand at https://www.peoriaaz.gov/government/mayor-and-city-council/city-council-videos

 

 

City Manager

Henry Darwin

City Clerk

Agnes Goodwine