City Council

City of Mesa Council Chambers 57 E. First Street City Council Meeting Agenda - Final Monday, September 9, 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 September 9, 2013 Roll Call (Members of the Mesa City Council will attend either in person or by telephone conference call) Invocation by Pastor Terry Darnall, Mesa Palms Seventh-Day Adventist 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 13-2006 Approval of minutes of previous meetings as written. 3 Take action on the following liquor license applications: *3-a 13-1888 Los Musicos Sushi Bar and Grill New Restaurant License for Los Musicos Sushi Bar and Grill, 1445 West Southern Avenue, Suite 1016, Los Musicos, LLC - Martin Ortega Ortega, agent. This location has a Restaurant License held by Rene C, LLC, that will revert back to the State. (District 3) *3-b 13-1975 Fat Willy's Family Sports Grill New Restaurant License for Fat Willy's Family Sports Grill, 2250 South Buttercup, Suite B, Fat Willy's Sunland, LLC - Christopher Robert Gelenites, agent. This location has a Restaurant License held by Hens and Chicks Cafe, LLC, that will revert back to the State. (District 6) *3-c 13-1977 Over Easy New Restaurant License for Over Easy, 6451 East Southern Avenue, Red Mountain Cafe, LLC - Lauren Kay Merrett, agent. This is an existing building with no previous liquor license at this location. (District 6) City of Mesa Page 2 Printed on 9/5/2013 City Council Meeting Agenda - Final September 9, 2013 *3-d 13-1978 Pita Jungle New Restaurant License for Pita Jungle, 1652 South Val Vista Drive, Suite 128, The King and Park, LLC - Ian James Stupar, agent. The previous Restaurant License held at this location by Bar Tepo, LLC, was terminated by the State on March 31, 2009. (District 2) *3-e 13-1979 Republica Empanada New Restaurant License for Republica Empanada, 204 East 1st Avenue, Republica Empanada, LLC - Jinette Marie Meraz, agent. This is an existing building with no previous liquor license at this location. (District 4) 4 Take action on the following contracts: *4-a 13-1987 Purchase of One New Commercial Sweeper for the Parks, Recreation and Commercial Facilities Department (Single Bid) (Citywide) This contract will provide one new commercial riding sweeper to maintain the City of Mesa Cemetery. The unit will also be loaned to the golf course and baseball facilities during over-seeding projects, which occur each fall, eliminating the need to rent an additional sweeper during this time. Parks, Recreation and Commercial Facilities and Purchasing recommend award to Textron, Inc., dba Jacobsen West, at $29,778.17. *4-b 13-1986 Two-Year Renewal of the Term Contract for Audio-Visual Services for the Parks, Recreation and Commercial Facilities Department (Citywide) This contract provides audio-visual services including consultation services, rental equipment and Internet services for the City's clients at the Mesa Convention Center's four facilities. Parks, Recreation and Commercial Facilities and Purchasing recommend authorizing a two-year renewal with JLG Enterprises, Inc., dba Premier Audio Visual (a Mesa business), at $130,000 annually, based on estimated requirements. City of Mesa Page 3 Printed on 9/5/2013 City Council Meeting Agenda - Final September 9, 2013 *4-c 13-1993 Three-Year Term Contract for Landscape Maintenance Services for Aquatics Facilities for the Parks, Recreation and Commercial Facilities Department (Single Bid) (Citywide) This contract furnishes all supervision, labor and equipment to provide landscape maintenance at aquatics facilities (pools) located at the junior high schools, including Brimhall, Carson, Fremont, Kino, Shepherd, Stapley, as well as Skyline High School. Parks, Recreation and Commercial Facilities and Purchasing recommend awarding the contract to the qualified, single bidder, Artistic Land Management, Inc., at $35,000 annually, based on estimated requirements. *4-d 13-2001 One-Year Renewal of the Term Contract for Janitorial and Sanitation Supplies for the Materials and Supply Warehouse (for City Departments) (Citywide) This contract was competitively bid and awarded by the City of Tucson in 2010. On February 27, 2012, Council approved the initial contract with three, one-year renewal options and a one-year renewal on August 20, 2012. This is the second, one-year renewal contract with one, one-year renewal option remaining. Materials and Supply and Purchasing recommend authorizing a one-year renewal using the City of Tucson cooperative contract with Waxie Sanitary Supply (a Mesa business), at $165,000 annually, based on estimated requirements. *4-e 13-1995 Three-Year Term Contract for Padlocks and Keys for the Materials and Supply Warehouse (for City Departments) (Citywide) This supply contract will provide padlocks and key sets for various locations and operations throughout the City. Materials and Supply and Purchasing recommend awarding the contract to the lowest, responsive and responsible bidder, Independent Hardware Inc., at $28,000 annually, based on estimated requirements. City of Mesa Page 4 Printed on 9/5/2013 City Council Meeting Agenda - Final September 9, 2013 *4-f 13-1997 Purchase of Randox Evidence Analyzer for the Police Department (Sole Source) (Citywide) This contract will provide one Randox Evidence Investigator Biochip Analyzer for toxicology drug screening and testing for Police Forensic Services. This replaces an existing analyzer that is out-of-date in its efficiency and capabilities. Police and Purchasing recommend awarding the contract to the sole source vendor, Randox Laboratories US Limited/Randox Toxicology Limited, at $79,880. This purchase is fully funded by an Intergovernmental Agreement with the Town of Gilbert for Lab Regionalization Services. *4-g 13-1999 Two-Year Renewal of the Term Contract for DNA Crime Laboratory Supplies for the Police Department (Sole Source) (Citywide) This contract provides supplies for Police Forensic Services to process evidence and conduct forensic DNA testing for criminal investigations . Police and Purchasing recommend authorizing a two-year renewal with the sole source vendor, Life Technologies, at $217,000 annually, based on estimated requirements. *4-h 13-1996 Purchase of 28 New Ruggedized Laptops for Police Patrol Vehicles as requested by the Information Technology Department (Citywide) On April 1, 2013, Council approved a contract to purchase 57 Police Patrol Chevy Tahoes for the Police Department, 29 replacements and 28 additions. This purchase of ruggedized notebooks will be installed in the 28 added vehicles. The ruggedized model is necessary for public safety personnel as the devices are placed in vehicles and must withstand extreme temperatures and rough conditions. Information Technology, Police and Purchasing recommend authorizing the purchase using the Mohave Educational cooperative contract with CLH, International, Inc., at $105,527.52. This purchase is funded by Asset Forfeiture RICO funds. City of Mesa Page 5 Printed on 9/5/2013 City Council Meeting Agenda - Final September 9, 2013 *4-i 13-2004 Three-Year Term Contract for Pipe Repair Clamps for the Materials and Supply Warehouse (for the Water Resources Department) (Citywide) Materials and Supply, Water Resources and Purchasing recommend awarding the contract to the lowest, responsive and responsible bidders, HD Supply Waterworks, Ltd., and Arizona Water Works Supply. The contract award is $70,000 annually, based on estimated requirements. *4-j 13-1988 Purchase of New Computers, Related Equipment and Software Licenses for the Fiesta District Police Substation (Citywide) This award will provide 25 personal computers, monitors and surge protectors, as well as Windows operating system, Microsoft Office and anti-virus software. Information Technology, Police and Purchasing recommend authorizing the purchase using the State of Arizona cooperative contract with Dell Marketing, LP, at $23,516.54, and SHI International, Corp., at $12,936.00. The combined total award is $36,452.54. *4-k 13-1989 Dollar-Limit Increase to the Term Contract for Custodial Services for Secured City Buildings as requested by the Facilities Maintenance Department (Citywide) This dollar-limit increase request is for custodial services at the new Fiesta District Police Substation, which is nearing completion. Facilities Maintenance has prepared Change Order #17, adding Police Fiesta Substation for the remainder of the year. The annual contract amount is $45,991.60; a six-month increase of $23,000. Facilities Maintenance and Purchasing recommend authorizing a dollar-limit increase of $23,000, from $1,254,549.06 to $1,277,549.06 with GCA Services Group (a Mesa business), based on estimated requirements. City of Mesa Page 6 Printed on 9/5/2013 City Council Meeting Agenda - Final September 9, 2013 *4-l 13-1990 Dollar-Limit Increase to the Term Contract for Custodial Services for City Buildings as requested by the Facilities Maintenance Department (Citywide) The dollar-limit increase is required for custodial services at the Mesa Center for Higher Education. Facilities Maintenance has prepared Change Order #9, adding the Mesa Center for Higher Education for cleaning services for the remainder of the year. The annual contract amount is $68,952.98; a six-month increase of $34,500. Facilities Maintenance and Purchasing recommend authorizing a dollar-limit increase of $34,500, from $643,767.20 to $678,267.20 with GCA Services Group (a Mesa business), based on estimated requirements. *4-m 13-1983 Purchase of Six Replacement Light-Duty Pickup Trucks for the Energy Resources Department (Citywide) The vehicles that are being replaced have met established criteria and will be retired and sold at auction. This is an additional purchase against a contract originally awarded on April 1, 2013. Fleet Services, Energy Resources and Purchasing recommend awarding the contract to the lowest, responsive and responsible bidder, Berge Ford (a Mesa business), at $140,847.24. This purchase is funded by the Utility Replacement Extension and Renewal Fund. *4-n 13-1984 Purchase of Two Replacement Light-Duty Cab and Chassis Service Body Vehicles for the Energy Resources Department (Citywide) The vehicles that are being replaced have met established criteria and will be retired and sold at auction. This is an additional purchase against a contract originally awarded on April 1, 2013. Fleet Services, Energy Resources and Purchasing recommend awarding the contract to the lowest, responsive and responsible bidder, PFVT Motors, Inc., at $77,993.02. This purchase is funded by the Utility Replacement Extension and Renewal Fund. City of Mesa Page 7 Printed on 9/5/2013 City Council Meeting Agenda - Final September 9, 2013 *4-o 13-1985 Purchase of Two Replacement Light-Duty Cab and Chassis Service Body Vehicles for the Energy Resources Department (Citywide) The vehicles that are being replaced have met established criteria and will be retired and sold at auction. This is an additional purchase against a contract originally awarded on April 1, 2013. Fleet Services, Energy Resources and Purchasing recommend awarding the contract to the lowest, responsive and responsible bidder, Berge Ford (a Mesa business), at $70,594.42. This purchase is funded by the Utility Replacement Extension and Renewal Fund. *4-p 13-2002 Three-Year Term Contract for Waterborne Traffic Paint for the Transportation Department (Citywide) This contract will provide traffic paint materials for lane line delineation or traffic delineation lane markings. Transportation and Purchasing recommend awarding the contract to the lowest, responsive and responsible bidder, Swarco Ind./Colorado Paint Corp., at $145,000 annually, based on estimated requirements. *4-q 13-1992 Purchase of Two Replacement Pad Mount Transformers for the Energy Resources Department (Citywide) This is a one-time purchase of two 2000kVA, 3-phase electric utility distribution transformers. One transformer is required for new electric service to City Well 14. The second is purchased as necessary back-up equipment to be placed in the Materials and Supply Warehouse as future back-up or replacement. Two equivalent transformers were purchased through competitive bid process in 2011. One transformer was immediately installed for service at City Well 11 and the second held in Warehouse inventory as necessary back-up equipment. When placed in service and energized, both failed and costs were fully refunded under warranty provisions of the purchase contract. This purchase is the result of a new bid from a different manufacturer and replaces the units previously purchased. Energy Resources and Purchasing recommend awarding the contract to the lowest, responsive and responsible bidder, Wesco Distribution, at $65,778.24. This purchase is fully funded by Electric Utility Bonds. City of Mesa Page 8 Printed on 9/5/2013 City Council Meeting Agenda - Final September 9, 2013 *4-r 13-1998 Two-Year Renewal of the Term Contract for Concrete Installation and Repair Services for the Transportation, Energy Resources and Water Resources Departments (Citywide) On August 20, 2012, management approved the initial one-year contract with one, two-year renewal option. This is the two-year renewal contract for a three-year total term. Transportation, Energy Resources, Water Resources and Purchasing recommend authorizing a two-year renewal with CPC Construction, LLC, at $1,244,000 annually, based on estimated requirements. This purchase is funded through the Highway User Revenue Fund, at $995,200 and through the Enterprise Fund, at $248,800. *4-s 13-1982 Val Vista Transmission Main - Phase I (District 1) This contract is for the pre-construction services contract amendment received from Garney Construction for constructability reviews, preparation of long-lead procurement items list, a preliminary site assessment, a project phasing development program, development of Guaranteed Maximum Price (GMP) packages and a detailed schedule outlining construction scheduling for the Val Vista Transmission Main - Phase 1 Project. The City has initiated the Val Vista Water Transmission Main to City Reservoirs project to build a new water transmission main parallel to the existing Val Vista Water Transmission Main that delivers water to three City-owned reservoirs located in the City Zone. The new Val Vista Water Transmission Main will serve as a dedicated water transmission main for the City to fulfill the requirements of an Intergovernmental Agreement with the City of Phoenix. This pre-construction services contract amendment will allow the Construction Manager at Risk to be part of the project team during the development of the plans and specifications. Recommend award of the pre-construction services contract to Garney Construction, in the amount of $171,442.40. The project is funded by the voter approved 2010 Water Bond Fund. *4-t 13-2000 One-Year Renewal of the Term Contract for Gas Service Regulators for the Materials and Supply Warehouse (for the Energy Resources Department) (Citywide) Materials and Supply, Energy Resources and Purchasing recommend authorizing a one-year renewal with Itron, Inc., at $45,000, based on estimated requirements. City of Mesa Page 9 Printed on 9/5/2013 City Council Meeting Agenda - Final September 9, 2013 *4-u 13-1963 City Re-Use of 26 North Macdonald Street (District 4) This contract is for the Guaranteed Maximum Price (GMP No. 1) received for the interior demolition package for the building at 26 North Macdonald Street. This project will be completed using the Construction Manager at Risk (CM@Risk) contracting method. In 2002, and at no cost to the City, Mesa acquired the former Federal Building at 26 North Macdonald Street through the "Federal Lands to Park Program." This is a Department of Interior program administered through the National Parks Service that enables excess federal property to be transferred to local jurisdictions, provided that the buildings or properties are used for public recreation or related purposes. The Federal Government accepted the City's 2002 application that stated that the City would use the building for certain purposes in the short-term, converting the building to other uses in the long-term. The long-term use of the building was realized in November of 2012, when Mesa voters passed bond authorization to remodel this former federal building for public museum exhibit space. Recommend total award amount to Concord General Contractor for this Guaranteed Maximum Price No. 1 package, of $204,278.00, based on the CM@Risk proposal of $185,708.00, plus an additional $18,570.00 (10% contingency allowance for change orders). This project is funded by the 2012 Parks Bond Authorization. 5 Take action on the following resolutions: *5-a 13-1955 Approving and authorizing the City Manager to accept funding made available through a Grant Agreement with the Arizona Criminal Justice Commission. Funding in the amount of $107,000 will be used for equipment and training for the Forensic Services Section of the Police Department. (Citywide) *5-b 13-1981 Approving and authorizing the City Manager to execute Amendment No. 1 to the Agreement with Teleport Communications America, LLC (FKA TCG, Phoenix). This License allows for the continued use of the public right-of-way by TCA for fiber optic communications infrastructure. The City will not experience any financial outlay to complete the License transfer, beyond invested staff time. TCG Phoenix pays transaction privilege tax on telecommunications income. (Citywide) City of Mesa Page 10 Printed on 9/5/2013 City Council Meeting Agenda - Final September 9, 2013 *5-c 13-1980 Approving and authorizing the City Manager to execute a Telecommunication License Renewal for Level 3 Communications, LLC, for a five-year term with an optional additional term of five years. Under the agreement, Level 3 Communications will be assessed an annual fee of $1.89 per foot, with a CPI escalator clause applied each year and an annual billing fee of $305.00. (Citywide) *5-d 13-1958 Approving and authorizing the City Manager to execute the Annual Operations Funding Agreement with Valley Metro Rail, Inc., for the operations and maintenance costs for light rail service in FY13/14. The City's share of the costs are $1,717,913. (District 3) *5-e 13-2010 Extinguishing an undefined and unrestricted ingress and egress easement at 501 North Gilbert Road. (District 5) A new public utilities and facilities easement will be granted by the property owners that will define a new location for ingress and egress and the blanket encumbrance (i.e., the undefined and unrestricted easement) will be removed from the title of the property. *5-f 13-2011 Vacating an eight (8) foot-wide alley, extinguishing a four (4) foot-wide easement for ingress and egress, and extinguishing a three (3) foot-wide easement for alley purposes, all of which are located in Sutherland Subdivision and at 101 North 38th Street. (District 2) The property owners are requesting that the City extinguish the easements and vacate the right-of-way. 6 Introduction of the following ordinances and setting September 23, 2013 as the date of the public hearing on these ordinances: *6-a 13-1962 Amending various sections of the Mesa City Code regarding the following traffic modifications as recommended by the Transportation Advisory Board: Speed Limits (45 mph): 10-4-3 and Speed Limits (35 mph): 10-4-5 Increase the speed limit from 35 mph to 45 mph on Mountain Road from Mesquite Street to Ray Road. (Mountain Road south of Elliot Road) (District 6) *6-b 13-1976 A13-07 (District 6) Annexation of Maricopa County Right of Way for a portion of East Southern Avenue from approximately 300 feet east of South Cheshire west to Crismon Road. City of Mesa Page 11 Printed on 9/5/2013 City Council Meeting Agenda - Final September 9, 2013 *6-c 13-1967 Z13-033HL (District 4) 59 East First Street. Located north of Main Street and west of Mesa Drive (0.77 acres). Rezone from DC-DE to DC-DE-HL with the option to opt-in to the Form Base Code with T5-MSF. This request will add a Historic Landmark Overlay for this address. Staff Recommendation: Approval with Conditions P&Z Recommendation: Approval with Conditions (Vote 5-2) *6-d 13-1968 Z13-036 (District 6) 2900 to 3000 blocks of South Sossaman Road (west side). Located south of Guadalupe Road west of Sossaman Road (46±acres). Modification of the PAD for Desert Place at Morrison Ranch Lots 87 to 133 and 234 to 278 in the RS-7-PAD-PAD zoning district. This request will allow residential lot coverage to increase from 45% to 50%. Staff Recommendation: Approval with Conditions P&Z Recommendation: Approved with Conditions (Vote 7-0) *6-e 13-1969 Z13-037 (District 5) The 8800 block of East Upper Canyon Drive (north side). Located north of McKellips Road west of Ellsworth Road (17.58 acres). Rezone from RS-35-PAD to RS-15-PAD-PAD and Site Plan Review. This request will allow residential development on Parcel 4B at Mountain Bridge. Staff Recommendation: Approval with Conditions P&Z Recommendation: Approval with Conditions (Vote 7-0) *6-f 13-1970 Z13-038 (District 5) The 8900 block of East Desert Foothills Drive (south side). Located south of McKellips Road west of Ellsworth Road (28.1± acres). Rezone from RS-9PAD and RS-35-PAD to RS-15-PAD-PAD and Site Plan Review. This request will allow residential development on Parcels 19 and 28 at Mountain Bridge. Staff Recommendation: Approval with Conditions P&Z Recommendation: Approval with Conditions (Vote 7-0) City of Mesa Page 12 Printed on 9/5/2013 City Council Meeting Agenda - Final September 9, 2013 *6-g 13-1971 Z13-039 (District 5) The 8700 block of East Upper Canyon Drive (south side). Located north of McKellips Road east of Hawes Road (28.3± acres). Rezone from RS-35-PAD to RS-15-PAD-PAD and Site Plan Review. This request will allow residential development on Parcel 9 at Mountain Bridge. Staff Recommendation: Approval with Conditions P&Z Recommendation: Approval with Conditions (Vote 7-0) *6-h 13-1972 Z13-041 (District 2) 4142 East Valley Auto Drive. Located west of Greenfield Road north of Baseline Road (5.85± acres). Rezoning from LI-PAD to LI and Site Plan Review. This request will allow the development of a self-storage facility in the LI zoning district. Staff Recommendation: Approval with Conditions P&Z Recommendation: Approval with Conditions (Vote 7-0) *6-i 13-1973 Z13-042 (District 6) 5200 to 5500 blocks of South Signal Butte Road (east side) and 5200 to 5500 blocks of South Mountain Road (west side). Located between Signal Butte Road and Mountain Road, just south of Ray Road (126.9± acres). Modification of the Bella Via PAD for Parcels 12 to 15 (formerly known as Mountain Horizons PAD) and rezone from RS-9-PAD and RM-2-PAD to RS-6 PAD. This request will allow residential development. Staff Recommendation: Approval with Conditions P&Z Recommendation: Approval with Conditions (Vote 7-0) *6-j 13-1959 Modifying Multi-Unit Dwelling Wastewater schedules with increased rates, components, fees or charges. 7 Discuss, receive public comment, and take action on the following ordinance 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. *7-a 13-1902 A12-06 (District 1) Annexing the 2600 block of East Lehi Road, located between McDowell and Thomas Roads. 10.94+ ac. Initiated by the property owners, City of Mesa. City of Mesa Page 13 Printed on 9/5/2013 City Council Meeting Agenda - Final September 9, 2013 8 Take action on the following subdivision plat: *8-a 13-1974 "1722 Banning Business Condominiums" (District 5) The 1700 block of North Banning (west side). Located south and west of East McKellips Road and North Higley Road. Five LI condominium units. DCSJ, LLC., owner; William H. Standage, Standage and Associates, Ltd., engineer. Items not on the Consent Agenda 9 Take action on the following liquor license application: 9-a 13-1966 ABC Food Store New Beer and Wine Store License for ABC Food Store, 816 East University Drive, Baljeet Joshi, individual. This is an existing building with no previous liquor license at this location. (District 4) 10 Items from citizens present. (Maximum of three speakers for three minutes per speaker). 11 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 14 Printed on 9/5/2013