City Council

City of Mesa Council Chambers 57 E. First Street City Council Meeting Agenda - Final Monday, August 19, 2013 5:45 PM CITIZEN PARTICIPATION All citizens are permitted and encouraged to speak on agenda items . If you are interested in speaking on an agenda item, please fill out a blue card in the back of the room and give it to the City Clerk. When the Council considers the item, you will be called to the podium to provide your comments. The City of Mesa is committed to making its public meetings accessible to persons with disabilities. For special accommodations , please contact the City Manager’s Office at (480) 644-3333 or (480) 644-2778 (TDD) at least 48 hours in advance of the meeting. CONSENT AGENDA All items listed with an asterisk (*) will be considered as a group by the City Council and will be enacted with one motion. There will be no separate discussion of these items unless a Councilmember or citizen requests, in which event the item will be removed from the Consent Agenda and considered as a separate item. If a citizen wants an item removed from the consent agenda, a blue card must be completed and given to the City Clerk prior to the Council’s vote on the consent agenda. Mayor Scott Smith Vice Mayor Alex Finter - District 2 Councilmember Dave Richins - District 1 Councilmember Dennis Kavanaugh - District 3 Councilmember Chris Glover - District 4 Vacant - District 5 Councilmember Scott Somers - District 6 City Council Meeting Agenda - Final August 19, 2013 Roll Call (Members of the Mesa City Council will attend either in person or by telephone conference call) Invocation by Pastor Andre Miller, New Beginnings Christian Church Pledge of Allegiance Mayor's Welcome Awards, Recognitions and Announcements 1 Take action on all consent agenda items. Items on the Consent Agenda *2 13-1917 Approval of minutes of previous meetings as written. 3 Take action on the following liquor license applications: *3-a 13-1885 99 Cents Only Store 163 New Beer and Wine Store License for 99 Cents Only Store 163, 4433 East Main Street, 99 Cents Only Stores of California, Inc. - Randy D. Nations, agent. This is an existing building with no previous liquor license at this location. (District 2) *3-b 13-1886 Cigarette and Cigar Outlet New Beer and Wine Store License for Cigarette and Cigar Outlet, 2753 East Broadway Road, Suite A109, Resi Cigars, LLC - Rodney Peter Hu, agent. This location has a Beer and Wine Store License held by AR Five, LLC, that will revert back to the State. (District 2) *3-c 13-1887 Barro's Pizza New Restaurant License for Barro's Pizza, 6663 East McDowell Road, Suite 105, A and D Pizza, Inc. - Bruce Robert Barro, agent. This is an existing building with no previous liquor license at this location. (District 5) City of Mesa Page 2 Printed on 8/17/2013 City Council Meeting Agenda - Final August 19, 2013 *3-d 13-1889 Mi Amigo's New Restaurant License for Mi Amigo's, 1264 South Gilbert Road, Mesa1264, LLC - David Noel Candland Senior, agent. This location has a Restaurant License held by Comida Management, LLC, that will revert back to the State. (District 4) *3-e 13-1890 Mi Amigo's New Restaurant License for Mi Amigo's, 6465 East Southern Avenue, Mesa 6465, LLC - David Noel Candland Senior, agent. This location has a Restaurant License held by Comida Management, LLC, that will revert back to the State. (District 6) *3-f 13-1891 O'Briens Restaurant and Irish Pub New Restaurant License for O'Briens Restaurant and Irish Pub, 1310 South Longmore, Dream Builders Food Corp, Inc. - David Arthur Robinson, agent. The previous Restaurant License held at this location by Briad Restaurant Group, LLC, was terminated by the State on March 31, 2008. (District 3) *3-g 13-1892 Pacino's Italian New Restaurant License for Pacino's Italian, 2831 North Power Road, Suite 104, Twospackys Food Services, LLC - Jared Michael Repinski, agent. This location has a Restaurant License held by Footprints in the Sand Restaurant, Inc., that will revert back to the State. (District 5) *3-h 13-1893 Sunnyside Breakfast Lounge New Restaurant License for Sunnyside Breakfast Lounge, 2823 North Power Road, Suite 101, Garfio Enterprises, LLC - Gamaliel Garfio, agent. This is an existing building with no previous liquor license at this location. (District 5) *3-i 13-1894 What the Hell Bar and Grill New Restaurant License for What the Hell Bar and Grill, 7303 East Main Street, Suite 115-116, HGJB Enterprises, LLC - Jason Everette Bowen, agent. This location has a Restaurant License held by Island Luaus, LLC, that will revert back to the State. (District 5) City of Mesa Page 3 Printed on 8/17/2013 City Council Meeting Agenda - Final August 19, 2013 4 Take action on the following contracts: *4-a 13-1873 One-Year Term Contract for Copper Cable for the Materials and Supply Warehouse (for the Energy Resources Department) (Citywide) This contract will provide copper cable that will be used to connect the recently purchased mobile/emergency electric generators to the intended buildings or equipment. The purchase provides eight to ten sets of cable for each of the three mobile/emergency electric generators. When not in use, the cable will be stored in secure areas. Energy Resources, Engineering, Materials and Supply and Purchasing recommend awarding the contract to the lowest, responsive and responsible bidder, Landco Rentals, LLC, dba Landco Power, at $36,000, based on estimated requirements. *4-b 13-1619 Three-Year Term Contract for Ultra-Violet Wastewater Disinfection Parts for the Water Resources Department (District 1) The City's Northwest Water Reclamation Plant utilizes a Trojan Technologies UV 3000 Plus Ultra-Violet Disinfection System to aid in the disinfection of the wastewater. This contract will provide lamps, ballasts, wiper assemblies and lamp sleeve assemblies that fit and operate in the system. While the City has previously purchased original equipment manufacturer parts or vendor-approved aftermarket components for this system, the City did consider non-OEM products in its Request for Proposal (RFP). The City will save approximately $40,000 annually by purchasing aftermarket lamps and sleeves. Two protests were received on the RFP. DC Frost protested and appealed the City's choice to use non-OEM products in the UV disinfection system. The RFP clearly stated the City's intent and their appeal was denied. UV Superstores' protest related to their misunderstanding of the ordering process. Their protest would not change the award recommendation, was filed untimely and was denied. No appeal was filed. Water Resources and Purchasing recommend awarding the contract to the lowest, responsive and responsible bidders, Emperor Aquatics, Inc., at $50,400 annually, and DC Frost at, $38,812.50 annually, based on estimated requirements, for the combined total award of $89,212.50. City of Mesa Page 4 Printed on 8/17/2013 City Council Meeting Agenda - Final August 19, 2013 *4-c 13-1916 Dollar-Limit Increase to the Term Contract for Gasoline and Diesel Fuel for the City of Mesa and Mesa Unified School District No. 4 (Citywide) Due to low fuel tank inventories at the end of FY12/13, Fleet Services had to make several purchases that took them over the approved contract amount. Fleet Services did not exceed budget, however they did exceed the purchasing threshold and missed the last Council agenda to request the increase. The increase is required for fuel expenses through the end of the contract period, June 30, 2013. Fleet Services has instituted a new control system and increased the contract amount for FY13/14 so that this will not occur in the current fiscal year. Fleet Services and Purchasing recommend authorizing a dollar-limit increase with Supreme Oil Company of $58,000, from $6,409,645.09 to $6,467,645.09 annually, based on estimated requirements. *4-d 13-1879 Purchase of a Replacement DNA Polymerase Chain Reaction (PCR) System for the Police Department (Sole Source) (Citywide) This purchase will provide a new 7500 Real-Time PCR System for Mesa Police Forensic Services, Biology Unit, to be used for the quantification of human DNA samples following the extraction procedure. It is required that forensic DNA samples be quantitated and that an estimate is given of the amount of DNA present in a sample prior to the amplification step. The laboratory currently has one 7000 Real-Time PCR system and one 7500 Real-Time system to perform the quantitation step. Police Information Technology has determined the 7000 system needs to move off the Windows 2000 operating system. In addition, Applied Biosystems/Life Technologies will no longer support the 7000 system after 2016. Police and Purchasing recommend awarding the contract to the sole source vendor, Life Technologies, at $40,128.00. This purchase is $38,000 grant funded by the Arizona Criminal Justice Commission and $2,128 by the Police operating budget. City of Mesa Page 5 Printed on 8/17/2013 City Council Meeting Agenda - Final August 19, 2013 *4-e 13-1876 Term Contract for Uniform Garments for the Fire and Medical Services Department (Citywide) The uniforms are purchased by individual fire personnel through a voucher system with defined uniform allowances per person ranging from $100 to $550. Uniform allowances are determined by job duties/assignment. Uniform items are selected in accordance with the National Fire Protection Association Standards. A committee representing Fire and Medical Services and Purchasing evaluated responses and recommends awarding the contract to the highest scored proposal from Matlick Enterprises, Inc., dba United Fire Equipment Company, at $307,000 annually, based on estimated requirements. *4-f 13-1878 Dollar-Limit Increase to the Term Contract for Wireless Hearing Impaired Smoke Alarms, Battery Operated Smoke Alarms and Lithium Batteries for Fire and Medical Services' Home Safety Inspection Program (Citywide) Fire and Medical applied for the FEMA grant in Spring of 2013. FEMA authorized $105,000 based on the quantities and costs provided in the grant. Council approved the initial three-year term contract at $55,208.41 annually with two, one-year renewal options on April 1, 2013. Bids for the hearing impaired smoke alarm systems came in lower than forecasted for the original FEMA grant application. Fire and Medical submitted a grant amendment to FEMA on July 1, 2013, requesting authorization to purchase additional items with the remaining funding. FEMA approved the amendment on July 29th, allowing the purchase of additional units: 100 hearing impaired systems, 800 dual sensor smoke alarms, and 800 9-volt long-life lithium batteries. Fire and Medical will be able to conduct additional home inspections for the hearing impaired, elderly, and winter residents of Mesa's large adult mobile home communities. Fire and Medical and Purchasing recommend authorizing a dollar-limit increase with Compu-TTY, Inc., of $15,312.00, from $46,371.00 to $61,683.00 and Lenhart's Ace Hardware (a Mesa business), of $17,512.75, from $8,837.41 to $26,350.16, based on grant amendment requirements. The contract amount will be increased by $32,824.75 to $88,033.16, annually. City of Mesa Page 6 Printed on 8/17/2013 City Council Meeting Agenda - Final August 19, 2013 *4-g 13-1908 Purchase of Data Storage Hardware and Software for the Municipal Court Integrated Case Management System and City Prosecutor Case Management System (Citywide) Council approved the purchase of the Integrated Case Management System for Municipal Court on August 20, 2012, and the purchase of a replacement Case Management System for the City Prosecutor's Office on February 25, 2013. This purchase will provide the storage hardware and software for these new systems and addresses Court and Prosecutor current growth needs and data protection in case of hardware failures or connectivity issues. When implementation is complete the City will retire the mainframe platform. Information Technology, Municipal Court, City Prosecutor's Office and Purchasing recommend authorizing the purchase using the State of Arizona cooperative contract with EMC Corporation, at $108,120.99. *4-h 13-1870 Purchase of One Replacement Light-Duty Cargo Van for the Facilities Maintenance Department (Citywide) The proposed vehicle will replace a vehicle that has met established criteria for replacement. Fleet Services, Facilities Maintenance and Purchasing recommend awarding the contract to the lowest, responsive and responsible bidder, PFVT Motors, Inc., at $32,674.93. This purchase is funded by the Vehicle Replacement Fund. *4-i 13-1872 Purchase of Replacement Carpet and Installation for the Police Metro Services Building as Requested by the Facilities Maintenance Department (Citywide) The Police Metro Services Building currently has carpet that is in poor condition and delaminating from the subfloor. The life cycle of this carpet has been exceeded and it needs to be replaced. Facilities Maintenance and Purchasing recommend authorizing the purchase using the State of Arizona cooperative contract with Continental Flooring at approximately $47,188.29, including applicable construction sales tax. City of Mesa Page 7 Printed on 8/17/2013 City Council Meeting Agenda - Final August 19, 2013 *4-j 13-1874 One-Year Term Contract for Fertilizer for the Parks, Recreation and Commercial Facilities Department (Citywide) This contract will provide fertilizer for use at the Mesa Cemetery, Dobson Ranch Golf Course, aquatics facilities, park retention basins, and City sports fields. Parks, Recreation and Commercial Facilities and Purchasing recommend awarding the contract to the lowest, responsive and responsible bidders: Helena Chemical Company, at $16,600; Fertizona, at $206,600; Horizon, at $8,100; and Wilbur Ellis Company, at $2,200; annually, based on estimated requirements. The combined total award is $233,500. *4-k 13-1880 One-Year Term Contract for Perennial Ryegrass Seed for the Parks, Recreation and Commercial Facilities Department (Citywide) This contract will provide perennial ryegrass seed used to overseed various City locations during the fall and winter. Sites include: Mesa Cemetery, Dobson Ranch Golf Course, Eastmark Great Park, Gene Autry Baseball/Rattlers Complex, Red Mountain Baseball Complex, Red Mountain Multi-Generational Center and Riverview City Fields; Hohokam Stadium will be seeded for scheduled fall activities including Fall League, Boston Pops concert, etc. Parks, Recreation and Commercial Facilities and Purchasing recommend awarding the contract to the lowest, responsive and responsible bidder, J.R. Simplot Co., dba Simplot Partners, at $94,000, based on estimated requirements. *4-l 13-1884 Three-Year Term Contract for Tree Pruning, Removal and Other Services for the Parks, Recreation and Commercial Facilities and Transportation Departments (Citywide) This contract will provide tree pruning, removal and other related services at the City's aquatics, parks and sport field facilities (approximately 13,000 trees) for Parks, Recreation & Commercial Facilities, and annual street tree maintenance for Transportation on an as-needed basis. Parks, Recreation and Commercial Facilities, Transportation and Purchasing recommend awarding the contract to the lowest, responsive and responsible bidders: Primary Award to West Coast Arborists, Inc.; and Secondary Award to Somerset Landscape Maintenance, Inc., for a contract total of $410,000 annually. City of Mesa Page 8 Printed on 8/17/2013 City Council Meeting Agenda - Final August 19, 2013 *4-m 13-1907 Purchase of Computer Hardware Components (Network Switches) for the City's Storage Area Network (Citywide) The City uses a Storage Area Network (SAN), which is composed of various storage devices with switches that interconnect them, providing high speed data access and throughput for a large number of users and systems. The SAN allows the City to share, backup, restore, archive and mirror data on multiple devices to improve our ability to protect the City's data in case of failure. The switches are the critical components that securely manage the transfer of data within the SAN and were purchased in 2006. Some components of these switches have reached the end of their lifecycle and can no longer be supported by the vendor with firmware and security patches. Most of the City of Mesa's critical business services rely upon the SAN for data storage, which is ultimately reliant upon these switches. This purchase is part of the IT Infrastructure Lifecycle Roadmap as a planned item for FY13/14. Information Technology and Purchasing recommend authorizing purchase using the State of Arizona cooperative contract with EMC Corporation, at $105,528.20. *4-n 13-1476 Purchase of Computer Hardware and Software to Improve Critical Business Systems Availability and Upgrade the Document Management Platform for the Information Technology Department (Citywide) This contract will provide the hardware and software to improve data protection, provide high availability of critical business systems, and upgrade the document management platform. This effort brings the Mesa Courts' electronic records system into compliance with AZ Supreme Court regulations for document management and retention, also allowing the Courts to stop retaining physical paper documents as it continues with its paperless Court processes. Information Technology (IT) recommends authorizing purchase from cooperative State of Arizona contracts: Insight Public Sector at $98,345.39, CenturyLink at $96,364.26, IBM at $24,430.11, EMC Corporation at $235,370.99, and SHI International at $79,253.03; Sole Source -- enChoice at $251,709.24; miscellaneous solution components at $22,350.98; and project contingency in the amount of $42,176.00. The total combined award is $850,000.00, including applicable sales taxes. City of Mesa Page 9 Printed on 8/17/2013 City Council Meeting Agenda - Final August 19, 2013 *4-o 13-1877 Nine-Month Term Contract for Heavy Equipment Rental for the Transportation Department (Citywide) Transportation needs to rent heavy equipment for storm drain system maintenance, right-of-way maintenance and road hazard responses. This equipment is typically needed on short-notice as the department may not know in advance the type of equipment required. This contract will provide multiple vendors for the rental of a variety of heavy equipment on an as-needed basis. Items such as: compaction, drilling, landscape, paving and moving equipment; backhoe-loaders and backhoes; front end wheel, tractor loaders and loaders; sump and trash pumps; water trucks and tower; and miscellaneous tools; will be available through this contract. Transportation and Purchasing recommend authorizing a nine-month Term Contract using the State of Arizona cooperative contract with multiple vendors: RDO Construction Equipment Company; Hertz Equipment Rental Corp.; Empire Southwest, LLC (a Mesa business); Earhart Equipment Corp.; Qualex Construction Inc.; Sunbelt Rentals, Inc.; and Neff Rental, LLC; not to cumulatively exceed $200,000 for the nine-month period, based on estimated requirements. *4-p 13-1882 Three-Year Term Contract for Light Control Cabinets for the Materials and Supply Warehouse (for the Transportation Department) (Citywide) This contract will provide light control cabinets used to feed and control streetlight systems that are along Mesa's streets and roadways. Each unit consists of aluminum housing, including an electrical service panel, circuit breakers, contactors and other associated controls inside. The units will be stored in Warehouse stock and used to replace cabinets damaged in vehicular accidents or older, deteriorating steel cabinets as necessary. Materials and Supply, Transportation and Purchasing recommend awarding the contract to the lowest, responsive and responsible bidder, Southern Manufacturing and Fabrication, LLC, dba Southern Manufacturing, at $30,000 annually, based on estimated requirements. City of Mesa Page 10 Printed on 8/17/2013 City Council Meeting Agenda - Final August 19, 2013 *4-q 13-1871 Purchase of One Replacement Light-Duty Cab Chassis equipped with Stake Body for the Transportation Department (Citywide) The proposed vehicle will replace a vehicle which has met established criteria for replacement. The vehicle being replaced will be retired and sold at auction. Fleet Services, Transportation and Purchasing recommend awarding the contract to the lowest, responsive and responsible bidder, Berge Ford (a Mesa business), at $31,490.61. This purchase is funded by the Vehicle Replacement Fund. *4-r 13-1883 Three-Year Term Contract for Street Sweeping Services for the Transportation Department (Citywide) This contract will provide routine nightly route sweeping (on a weekly basis) and seal coat sweeping services, on an as needed, where needed basis. Additional services, including emergency call-outs and assignments requested by the City (including special event sweeping), are included. Transportation and Purchasing recommend awarding the contract to the lowest, responsive and responsible bidder, Contract Sweeping Services, Inc., at $920,000 annually, based on estimated requirements. *4-s 13-1881 Re-Award of Term Contract for Traffic Signal Controller Cabinets and Replacement Components for the Materials and Supply Warehouse (for the Transportation Department) (Citywide) On March 4, 2013, Council awarded the Traffic Signal Controller Cabinets and Replacement Components to Richsiobhan Industries, dba RSI. RSI failed to perform to the required terms and specifications of the contract. It has been determined to be in the best interest of the City to terminate the contract with RSI. On July 18, 2013, the City issued a Default of Contract - Notice of Termination. The contract was terminated as of the date of the letter. Transportation, Materials and Supply Warehouse and Purchasing recommend re-awarding the contract to the second lowest, responsive and responsible bidders: Siemens Industry, at $235,000; and Econolite at $55,000; annually, based on estimated requirements. City of Mesa Page 11 Printed on 8/17/2013 City Council Meeting Agenda - Final August 19, 2013 5 Take action on assigning delinquent accounts to collection services: *5-a 13-1915 Assign delinquent accounts to collection services for the nine-month period ending March 31, 2013, totaling $1,293,556. (Citywide) Delinquent accounts are usually brought to Council quarterly, however staff did not bring this item to Council during the financial system implementation. For the nine-month period, the percent of total revenue sent to collections was 0.37%. For the same nine-month period in the previous fiscal year, the percent sent to collections was 0.34%. 6 Take action on the following resolutions: *6-a 13-1861 Approving and authorizing the City Manager to execute an Intergovernmental Agreement with the Maricopa County Library District for the Library Assistance Program. Under the agreement, participating Libraries receive library materials in an amount to be determined based on the percentage of assessed valuation and the percentage of library cards issued. (Citywide) *6-b 13-1852 Approving and authorizing the City Manager to accept funding made available through a Sub-Grant Award Agreement with the Arizona Department of Public Safety, Victims of Crime Act. Funding in the amount of $156,608 will be used to provide a portion of the salary and fringe benefits for three existing Victim Services Specialists. The remaining salary costs of $35,369 will be funded by the City. (Citywide) *6-c 13-1864 Approving and authorizing the City Manager to execute an agreement with the Department of Public Safety through the Victims of Crime Act to accept grant funds in the amount of $96,506. The grant funding will be used for salaries and employee-related expenses for two full-time Victim Services Assistants who provide criminal justice support/advocacy to domestic violence and restitution eligible victims of crimes. (Citywide) *6-d 13-1868 Approving and authorizing the City Manager to accept funding made available through a Tactical Diversion Task Force Agreement with the Drug Enforcement Administration. The Task Force Agreement provides $17,202.25 for overtime. (Citywide) *6-e 13-1869 Approving and authorizing the City Manager to accept funding made available through Phoenix Task Force Group 2 and Group 3 Task Force Agreements with the Drug Enforcement Administration. The Task Force Agreement provides $17,202.25 for overtime for the officers assigned to the respective Task Force. (Citywide) City of Mesa Page 12 Printed on 8/17/2013 City Council Meeting Agenda - Final August 19, 2013 7 Introduction of the following ordinances and setting August 26, 2013, as the date of the public hearing on these ordinances: *7-a 13-1900 Amending Title 1, Chapter 12 of Mesa City Code to repeal the Court User Fee and establish a Court Sustainability Fee to enhance and maintain the technological, operational and security capabilities of the Municipal Court. *7-b 13-1895 Z13-31 (District 4) Properties at 1014, 1015, 1029, and 1042 South Lewis, and 1014 and 1022 South Sirrine. Located on the south side of 10th Avenue, west of Sirrine and east and west of Lewis (4.4 ±acres). Rezone from LI and GI to GI-PAD and Site Plan Review. This request will allow redevelopment and expansion of an existing industrial use. Milling Machinery, Inc., owner; Bret Harris, applicant. Staff Recommendation: Approval with Conditions P&Z Recommendation: Approval with Conditions (Vote 7-0) *7-c 13-1897 Z13-29 (District 6) The 10800 to 10900 blocks of East Broadway Road (south side) and the 400 to 500 blocks of South Signal Butte Road. Located south of Broadway and east of Signal Butte Road (13.03 ±acres). Rezone from LC-PAD and RS-6-PAD to RS-6 PAD and Site Plan Review. This request will allow development of a single-residence subdivision. Intravest Holdings LLC, owner; Ed Reichenberg/Project Design Consultants, applicant. Staff Recommendation: Approval with Conditions P&Z Recommendation: Approval with Conditions (Vote 7-0) *7-d 13-1899 Z13-30 (District 3) The 2200 to 2300 blocks of South Country Club Drive (west side). Located south of Baseline on the west side of Country Club Drive (24.35± acres). Rezone from LI-CUP to RM-3-PAD and Site Plan Review. This request will allow the development of a multi-residence project. Lowe's HIW, Inc., owner; Stephen Earl, Earl, Curley and Largarde, applicant. Staff Recommendation: Approval with Conditions P&Z Recommendation: Approval with Conditions (Vote 7-0) City of Mesa Page 13 Printed on 8/17/2013 City Council Meeting Agenda - Final August 19, 2013 8 Discuss, receive public comment, and take action on the following ordinances that were introduced at a prior Council meeting. Any citizen who wants to provide comment should submit a blue card to the City Clerk before the item is voted on. If a citizen wants to comment on an item listed with an asterisk (*), a blue card must be given to the City Clerk before Council votes on the Consent Agenda. *8-a 13-1804 Z13-24 (District 5) North of 3142 North 90th Street (west side) and 8900 block of East Plymouth (north side). Located within the area bound by Quenton on the north, Plymouth on the south, the 88th Street alignment on the west, and 90th Street on the east. Parcel numbers 219-33-002 and 219-33-006E. (11.07± acres). District 5. Rezone from Maricopa County R1-35 to City of Mesa RS-35. This request will establish City of Mesa zoning on annexed undeveloped property. Linda Rae Ramsey, Trueno Montana, LLC, owner; City of Mesa, applicant. Staff Recommendation: Approval with conditions P&Z Recommendaiton: Approval with conditions (Vote 4 - 0, Boardmembers DiBella, Hudson, Johnson, absent) *8-b 13-1805 Z13-25 (District 2) 6521 East University Drive. Located south and east of 65th Street and University Drive. (1.85± acres). Rezone from Maricopa County R-3 to City of Mesa RM-3. This request will establish City of Mesa zoning on annexed property. Jan and Frances Hyc, owners; City of Mesa, applicant. Staff Recommendation: Approval with conditions P&Z Recommendation: Approval with conditions (Vote 4 - 0, Boardmembers DiBella, Hudson, Johnson absent) *8-c 13-1806 Z13-26 (District 5) 10002, 10018, 10036, and 10052 East Broadway Road. Located north and east of Broadway Road and Crismon Road. (2.89± acres). Rezone from Maricopa County R-2 to City of Mesa RM-2. This request will establish City of Mesa zoning on annexed property. Thomas E. Aspel, owner; City of Mesa, applicant. Staff Recommendation: Approval with conditions P&Z Recommendation: Approval with conditions (Vote 4 - 0, Boardmembers DiBella, Hudson, and Johnson absent) City of Mesa Page 14 Printed on 8/17/2013 City Council Meeting Agenda - Final August 19, 2013 *8-d 13-1807 Z13-27 (District 5) 9651 East Brown Road. Located south of Brown Road and east of 96th Street. (1.25± acres). Rezone from Maricopa County RU-43 to City of Mesa RS-43. This request will establish City of Mesa zoning on annexed property. Christopher and Kelly Carmichael, owners; City of Mesa, applicant. Staff Recommendation: Approval with conditions P&Z Recommendation: Approval with conditions (Vote 4 - 0, Vote: Boardmembers DiBella, Hudson, and Johnson absent) *8-e 13-1808 Z13-28 (District 5) 10100 block of East Boise Street (north side immediately east of 203 N. 101st Place). Located east of Crismon Road, south of University Drive. (1± acre). District 5. Rezone from Maricopa County R1-8 to City of Mesa RS-7. This request will establish City of Mesa zoning on recently annexed property. Hacienda del Este HOA, owner; City of Mesa, applicant. Staff Recommendation: Approval with conditions P&Z Recommendation: Approval with conditions (Vote, 4 - 0 Boardmembers DiBella, Hudson, Johnson absent) *8-f 13-1809 Z13-33 (District 5) The 8700 to 8800 blocks of East Upper Canyon Drive (north side). Located north of McKellips Road east of Hawes Road. (21.44± acres). Rezone from RS-35-PAD to RS-35-PAD and Site Plan Review. This request will allow the development of a single-residence subdivision. Pinnacle Ridge Holdings, LLC, Jeff Blandford, owner; Paul Dugas, applicant. Staff Recommendation: Approval with conditions P&Z Recommendation: Approval with conditions (Vote 4 - 0, Boardmembers DiBella, Hudson, Johnson absent) *8-g 13-1812 A13-03 (District 5) Annexing 1.0 ± acres of land located west of the the northwest corner of Merril Road and Boise Street. This annexation is initiated by the property owner. City of Mesa Page 15 Printed on 8/17/2013 City Council Meeting Agenda - Final August 19, 2013 9 Take action on the following subdivision plats: *9-a 13-1903 "Eastmark Development Unit 7 North Parcels 7-6, 7-7, 7-8, 7-9, 7-10, 7- 11 and 7-12" (District 6) The 4400-4500 blocks of South Signal Butte Road (west side). Located north and west of Signal Butte and Ray Roads; 569 PCD lots (137.5 ± acres). DMB Mesa Proving Grounds, LLC, owner; Kent M. Groh, Hoskin, Ryan Consultants, Inc., surveyor. *9-b 13-1904 "Eastmark Development Unit 7 North Parcels 7-13, 7-14, 7-15, 7-16 and 7-17" (District 6) The 4400 - 5000 blocks of South Signal Butte Road (west side). Located south of Warner and west of Signal Butte Roads; 394 PCD lots (93.34 ± acres). DMB Mesa Proving Grounds, LLC, owner; Ryan H. Raab, Hoskin-Ryan Consultants, Inc., engineer. *9-c 13-1905 "Map of Dedication Eastmark Phase 2" (District 6) The 10000 - 10800 blocks of East Point Twenty-Two Boulevard and the 4400-5000 blocks of South Eastmark Parkway and South Everton. Located north and west of Signal Butte and Ray Roads. DMB Mesa Proving Grounds, LLC, owner; Kent M. Groh, Hoskin, Ryan Consultants, Inc., surveyor. *9-d 13-1909 "Map of Dedication Mountain Bridge - East McKellips Road Phase 3" (District 5) The 8800 to 8900 blocks of East McKellips Road. Located on McKellips Road, between Hawes and Ellsworth Roads. Pinnacle Ridge Holdings, LLC, owner; Darrel Smith, Wood/Patel, engineer. *9-e 13-1910 "Map of Dedication Mountain Bridge - North Estates Drive Phase 1" (District 5) The 1800 to 2200 blocks of North Estates Drive. Located north and south of McKellips Road and west of Ellsworth Road. Pinnacle Ridge Holdings, LLC, owner; Darrel Smith, Wood/Patel, engineer. *9-f 13-1911 "Map of Dedication Mountain Bridge - East Upper Canyon Drive Phase 3 and North Estates Drive Phase 2" (District 5) The 8800 to 8900 blocks of East Upper Canyon Drive and 2300 block of North Estates Drive. Located north of McKellips Road and west of Ellsworth Road. Pinnacle Ridge Holdings, LLC, owner; Darrel Smith, Wood/Patel, engineer. *9-g 13-1906 "La Jara Estates" (District 5) The 1200 through 1300 blocks of North Crismon Road (east side). Located north of Brown Road on the east side of Crismon Road. 28 RS-15 PAD lots (14.31 ± acres). La Jara Farms, LLC, owner; Greg Allen, Allen Consulting Engineers, engineer. City of Mesa Page 16 Printed on 8/17/2013 City Council Meeting Agenda - Final August 19, 2013 10 Take action on the following Resolution relating to an Agreement with Semain Brothers Limited Partnership: *10-a 13-1832 Approving and authorizing the City Manager to execute an Agreement with Semain Brothers Limited Partnership, a California Limited Partnership, for the extension of the City wastewater system to a property located in Maricopa County to address an immediate risk to public health. (District 6) 11 Adoption of the following Notices of Intention and setting September 23, 2013, as the date of the public hearings: *11-a 13-1913 Notice of Intention regarding proposed additional Multi-Unit Dwelling Wastewater schedules with increased rates, components, fees or charges and setting September 23, 2013, as the date of the public hearing. *11-b 13-1941 Notice of Intention to continue existing development impact fees and setting September 23, 2013, as the date of the public hearing. Items not on the Consent Agenda 12 Items from citizens present. (Maximum of three speakers for three minutes per speaker). 13 Adjournment. The Council may vote to hold an executive session for the purposes of obtaining legal advice from the City Attorney (A.R.S. §38-431.03A(3)) or to discuss and instruct the City Attorney regarding the City’s position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation. (A.R.S. §38-431.03A(4)) City of Mesa Page 17 Printed on 8/17/2013