NovusAGENDA

Mayor

Jason Beck

Willow

District

Jon Edwards,

Vice Mayor

Acacia

District

Jennifer Crawford,

Mayor Pro Tem

Ironwood

District

Bill Patena

Mesquite

District

Brad Shafer

Palo Verde

District

Michael Finn

Pine

District

Denette Dunn

City Council Meeting

Notice & Agenda

Tuesday, November 19, 2024

City Council Chamber

8401 West Monroe Street

Peoria, AZ 85345


	Executive Session Meeting


	3:30 P.M. Convene


	Roll Call


	Regular Agenda


	1	R.	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 the proposed settlement of Natasha Pritchett v. City of Peoria and general Litigation updates, 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)(2); 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 employment, assignment, appointment, promotion, or salaries of a public officer or appointee pertaining to the evaluation process and performance of the City Manager pursuant to A.R.S. § 38-431.03(A)(1), A.R.S. § 38-431.03(A)(2), A.R.S. § 38-431.03(A)(3).


	Adjournment


	Executive Session Convene immediately following Executive Session 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


	2	R.	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 the proposed settlement of Natasha Pritchett v. City of Peoria and general Litigation updates, 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)(2); 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 employment, assignment, appointment, promotion, or salaries of a public officer or appointee pertaining to the evaluation process and performance of the City Manager pursuant to A.R.S. § 38-431.03(A)(1), A.R.S. § 38-431.03(A)(2), A.R.S. § 38-431.03(A)(3).

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.


	Study Session


	5:00 P.M. Convene


	Roll Call


	Study Session Agenda


	Subject(s) for Discussion Only


	3.		Mid-Year Financial Review



	4.		Large Water User Ordinance, Future Customers, Water Resources Management


	Adjournment


	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


	5.		Candeo Peoria Jr. High Girls Volleyball Team State Championship


	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


6	C.	Minutes

		Discussion and possible action to approve the October 15, 2024 City Council meeting minutes.


7	C.	Board and Commission Appointments

		Discussion and possible action to approve the recommendations from the Council Boards and Commissions Subcommittee and adopt RES. 2024-81 appointing and reappointing members to various Boards and Commissions.


8	C.	Quarterly Investment Report

		Discussion and possible action to receive and file the Quarterly Investment Report for July through September 2024.


9	C.	Fiscal Year 2025 1st Quarter Budget Amendments and Chargebacks

		Discussion and possible action to approve the Fiscal Year 2025 1st Quarter Budget Amendments and Chargebacks.


10	C.	Citizen Commission on Salaries for Elected City Officials

		Discussion and possible action to accept or reject the recommendation made by the Citizens Commission on Salaries for Elected City Officials to increase the Mayor and Council salaries by five percent (5%) effective January 1, 2025.


11	C.	Settlement Agreement, Natasha Pritchett v. City of Peoria

		Discussion and possible action to (a) approve a settlement in the amount of $185,000 to settle a claim brought by Natasha Pritchett against the City of Peoria; (b) authorize the City Manager and City Attorney to execute all necessary documents to settle the claim; and (c) approve a budget amendment in the amount of $185,000 from Contingency to the Insurance Reserve Fund.


12	C.	Grant, Arizona Department of Administration, Fire Incident Management Program

		Discussion and possible action to: (a) authorize the Fire-Medical Department to accept a grant award in the total amount of $383,000 from the Arizona Department of Administration to be used for participation in a fire incident management and response system being implemented by the State of Arizona and administered by Versaterm; (b) authorize an agreement with Versaterm; and (c) approve a budget amendment in the amount of $383,000 from the Proposed Grants Contingency account to Arizona Department of Administration Grant Fund account.


13	C.	Memorandum of Agreement, Peoria Unified School District, 21st Century Grant Program at Ira Murphy Elementary School

		Discussion and possible action for City Council to authorize the City Manager to execute the Memorandum of Agreement between the City of Peoria and Peoria Unified School District and the 21st Century Grant Program at Ira Murphy Elementary School.


14	C.	Intergovernmental Agreement, City of Phoenix, Federal Transit Funding, Transit Operating Expense Reimbursements, Purchase of Replacement Dial-A-Ride Vehicles

		Discussion and possible action to: (a) authorize the Neighborhood and Human Services Department to accept two Intergovernmental Agreements totaling $235,161 between the City of Peoria and the City of Phoenix through Federal Transit Authority; and (b) approve a budget amendment in the amount of $211,448 from the Contingency account to the Transit Fund; and (c) authorization to use the funds as recommended.


15	C.	Intergovernmental Agreement Amendment, Regional Public Transportation Authority, Transit Services Agreement

		Discussion and possible action to approve an Intergovernmental Agreement Amendment #151-75-2025 with the Regional Public Transportation Authority, also known as Valley Metro.


16	C.	Commercial Ground Lease, Beardsley Storage LLC, 111th Avenue Right of Way

		Discussion and possible action to approve a Commercial Ground Lease for RV and Boat Storage at the 111th Ave Alignment (“Lease”); and authorize the Mayor, City Attorney and City Clerk to sign and record the Memorandum of Lease Agreement with the Maricopa County Recorder’s Office.


17	C.	Abandonment of City Interest, Easements for Water and Drainage, Multiple Locations

		Discussion and possible action to: (a) adopt RES. 2024-82 Easement per the Final Plat for Parke West Lot 3 as Recorded in Book 927 Page 29 located at 9550 West Northern Avenue and (b) adopt RES. 2024-83 Easement within Lot 6 per the Final Plat for Marketplace at Vistancia as recorded in Book 1776 Page 4 located at 11627 West Lone Mountain Parkway.


18	C.	Land Acquisition for a Drainage Basin, 83rd Avenue/Peoria Avenue/Grand Avenue

		Discussion and possible action to: (a) adopt RES. 2024-84 authorizing the acquisition of property rights for the future drainage improvements located north of Grand Avenue west of 83rd Avenue and south of Peoria Avenue on land currently owned by American Outdoor Advertising LLC. as part of 83rd Avenue/Peoria Avenue/Grand Avenue Drainage Improvement project and (b) approve a budget amendment in the amount of $820,000 from contingency to the 83rd Avenue/Peoria Avenue/Grand Avenue Drainage Improvements project.


19	C.	Reconciliation, North of Pinnacle Peak Road between 68th Drive and 70th Avenue

		Discussion and possible action to approve ORD. 2024-18 to reconcile the assigned Council District identified within the adopted Ordinance 2024-11 corresponding to the City Council action on October 1, 2024 approving the annexation of 0.15 acres of private property located north of Pinnacle Peak Road between approximately 68th Drive and 70th Avenue.


20	C.	Maintenance Improvement District No. MID 1291, Village F at Vistancia Parcel F-9, Westland Road and Garambullo Drive

		Discussion and possible action to approve the Petition for Formation, adopt RES. 2024-85 Intention and ordering the formation of proposed Maintenance Improvement District No. 1291, Village F at Vistancia Parcel F-9, located at Westland Road and Garambullo Drive; and adopt RES. 2024-86 ordering the improvements within the proposed Maintenance Improvement District and declaring an emergency.


21	C.	Maintenance Improvement District No. MID 1294, Village I at Vistancia, Parcel I-1/2, Southeast Corner of Vistancia Boulevard and Twin Buttes Road

		Discussion and possible action to approve the Petition for Formation, adopt RES. 2024-87 Intention and ordering the formation of proposed Maintenance Improvement District No. 1294, Village I at Vistancia, Parcel I-1/2, located at the southeast corner of Vistancia Boulevard and Twin Buttes Road; and adopt RES. 2024-88 ordering the improvements within the proposed Maintenance Improvement District and declaring an emergency.


22	C.	Street Light Improvement District No. 1189, Village F at Vistancia Parcel F-9, Westland Road and Garambullo Drive

		Discussion and possible action to approve the Petition for Formation and adopt RES. 2024-89 intention and ordering the formation of proposed Street Light Improvement District No. 1189, Village F at Vistancia Parcel F-9, located at Westland Road and Garambullo Drive; and adopt RES. 2024-90 ordering the improvements within the proposed Street Light Improvement District and declaring an emergency.


23	C.	Street Light Improvement District No. 1192, Village I at Vistancia, Parcel I-1/2, Southeast Corner of Vistancia Boulevard and Twin Buttes Road

		Discussion and possible action to approve the Petition for Formation and adopt RES. 2024-91 intention and ordering the formation of proposed Street Light Improvement District No. 1192, Village I at Vistancia, Parcel I-1/2, located at the southeast corner of Vistancia Boulevard and Twin Buttes Road; and adopt RES. 2024-92 ordering the improvements within the proposed Street Light Improvement District and declaring an emergency.


24	C.	Final Plat, Peoria Self Storage, Peoria Avenue and 88th Drive (Project No. R200068A)

		Discussion and possible action to approve a Final Plat of Peoria Self Storage, located on Peoria Avenue and 88th Drive, and authorize the Mayor and City Clerk to sign and record the Final Plat with the Maricopa County Recorder’s Office.


25	C.	Deeds and Easements, Various Locations

		Discussion and possible action to adopt RES. 2024-93 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.


26	C.	Liquor License Application Various Locations

		Discussion and possible action to recommend approval to the State Liquor Board for: (a) a New Restaurant (Series 12) Liquor License for AZ Pizza Co. Peoria, located at 16955 N. 75^th Avenue Ste 115, Brandi E. Mostofo, Applicant, LL#24-001115. (b) a New Restaurant (Series 12) Liquor License for Harkins Theatres, located at 9804 W. Northern Avenue, Andrea D. Lewkowitz, Applicant, LL#10010468. (c) a New Restaurant (Series 12) Liquor License for Harkins Arrowhead Fountains, located at 16046 N. Arrowhead Fountain Center Drive, Andrea D. Lewkowitz, Applicant, LL#16432.


	Regular Agenda


	New Business


27	R.	PUBLIC HEARING - Conditional Use Permit Appeal, Cibola Vista Self Storage

		Discussion and possible action to affirm the October 17, 2024 decision of the Planning and Zoning Commission unanimously approving a Conditional Use Permit (CUP) for a proposed self-storage facility, generally located at the northwest corner of Lake Pleasant Parkway and Cibola Vista Drive. The decision was appealed by a member of the public.

28	R.	Grant, American Rescue Plan Act, Grant Funding Allocations and Interest Initiatives

		Discussion and possible action to: (a) approve reallocating $613,751 of current and any future unspent American Rescue Plan Act (ARPA) funds to projects listed in Attachment 1; (b) amend the budget and establish spending authority for the ARPA interest funds of $447,118, as outlined in Attachment 2, including any future interest; and (c) authorize the necessary documentation and contract amendments to distribute funds in line with program and grant requirements through December 31, 2026.

Call To The Public (Non-Agenda Items)
The City Council is not authorized by state law to discuss among its members 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