City Council

City of Mesa Council Chambers 57 E. First Street City Council Meeting Agenda - Final Monday, October 28, 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 Councilmember David Luna - District 5 Councilmember Scott Somers - District 6 City Council Meeting Agenda - Final October 28, 2013 Roll Call (Members of the Mesa City Council will attend either in person or by telephone conference call) Invocation by Reverend Andrew Hilla, Apache Wells Community 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 13-2148 Approval of minutes of previous meetings as written. 3 Take action on the following liquor license applications: *3-a 13-2115 Knights of Columbus All Saints Council 9485 This is a one-day fraternal event to be held on Saturday, November 2, 2013, from 3:00 p.m. to 7:00 p.m., at 1534 North Recker Road. (District 5) *3-b 13-2116 Knights of Columbus All Saints Council 9485 This is a one-day fraternal event to be held on Saturday, December 7, 2013, from 3:00 p.m. to 7:00 p.m., at 1534 North Recker Road. (District 5) *3-c 13-2118 A New Leaf Foundation This is a one-day charitable event to be held on Saturday, November 9, 2013, from 8:00 p.m. to 11:00 p.m., at 1859 West Guadalupe Road, Suite 105. (District 3) *3-d 13-2119 Saint Timothy Catholic Church This is a one-day religious event to be held on Friday, November 15, 2013, from 6:00 p.m. to 10:00 p.m., at 1730 West Guadalupe Road. (District 3) City of Mesa Page 2 Printed on 10/24/2013 City Council Meeting Agenda - Final October 28, 2013 *3-e 13-2120 Ultimate Imaginations, Inc. This is a one-day charitable event to be held on Friday, November 1, 2013, from 5:00 p.m. to 10:00 p.m., on Main Street from Center Street to Robson. (District 4) *3-f 13-2122 Venture Out Social Club, Inc. This is a one-day civic event to be held on Saturday, November 16, 2013, from 9:00 a.m. to 7:00 p.m., at 5001 East Main Street. (District 2) *3-g 13-2123 Venture Out Social Club, Inc. This is a one-day civic event to be held on Monday, January 13, 2014, from 6:30 p.m. to 9:30 p.m., at 5001 East Main Street. (District 2) *3-h 13-2124 On the Green Sports Grill A sports bar and grill that serves lunch and dinner is requesting a person-to-person and location transfer of a Bar License for On the Green Sports Grill, 801 South Power Road, Suite 101 and 104, Lindsey Family, LLC - Jody Blaine Lindsey, agent. This location has a Restaurant License held by Lindsey Family, LLC, that will revert back to the State. (District 5) *3-i 13-2126 Angry Crab Shack Restaurant A restaurant that serves lunch and dinner is requesting a new Restaurant License for Angry Crab Shack Restaurant, 2740 South Alma School Road, Suite 13, Angry Crab Shack Corporation - Ronald Wayne Lou, agent. The previous Restaurant License held at this location by Neighbors Garden Cafe, Inc., was surrendered to the State on April 23, 2007. (District 3) *3-j 13-2127 The Palms Theatre A dinner theatre that serves lunch and dinner is requesting a new Restaurant License for The Palms Theatre, 5247 East Brown Road, Broadway Palm Dinner Theatre West LLC - Lawrence Edward Elliget, agent. This location has a Restaurant License held by SS Food, Inc., that will revert back to the State. (District 5) City of Mesa Page 3 Printed on 10/24/2013 City Council Meeting Agenda - Final October 28, 2013 4 Take action on the following contracts: *4-a 13-2145 Three-Year Term Contract for Uniform Garment Rental for various City Departments (Citywide) This contract will provide for the rental of uniform garments to approximately 280 City employees from various departments. The garments furnished by the contractor will be maintained through routine laundering, pressing and repairing to provide a neat and clean appearance for City personnel. An evaluation committee representing Water Resources, Parks, Recreation and Commercial Facilities, Transportation, Fleet Services and Purchasing evaluated responses, and recommends awarding the contract to the highest scored proposal from Unifirst Corporation, at $160,000 annually, based on estimated requirements. *4-b 13-2142 One-Year Renewal of the Service Contract for Automated Driveway Entrance/Exit Gates Operators for the Facilities Maintenance Department (Citywide) This contract provides a qualified contractor to perform quarterly maintenance service and repair services on automated driveway entrance/exit gates operators throughout the City. Facilities Maintenance and Purchasing recommend authorizing a one-year renewal with Phoenix Fence Company, at $45,500, based on estimated requirements. *4-c 13-2141 One-Year Renewal of the Term Contract for Tires for the Materials and Supply Warehouse (for Fleet Services and Fire and Medical Services Departments) (Citywide) This contract provides Bridgestone Firestone brand tires for use by Fleet Services and Fire Resource Management to maintain the City's Fleet and Fire vehicles. The contract is primarily used for the larger tires for heavy-duty vehicles such as Solid Waste trucks and Fire apparatus. Materials and Supply, Fleet Services, Fire and Medical Services and Purchasing recommend authorizing a one-year renewal using the State of Arizona/Western States Contracting Alliance cooperative contract with Firestone Complete Auto Care and Redburn Tire Company (Mesa locations for both vendors), at $225,000 annually, including applicable sales tax, based on estimated requirements. City of Mesa Page 4 Printed on 10/24/2013 City Council Meeting Agenda - Final October 28, 2013 *4-d 13-2143 One-Year Renewal of the Term Contract for Tires for the Materials and Supply Warehouse (for Fleet Services and Fire and Medical Services Departments) (Citywide) This contract provides Goodyear brand tires for use by Fleet Services and Fire Resource Management to maintain the City's Fleet and Fire vehicles. Materials and Supply, and Purchasing recommend authorizing a one-year renewal using the State of Arizona Department of Transportation cooperative contract with Purcell Tire Company (a Mesa business), at $750,000 annually, based on estimated requirements. *4-e 13-2133 Purchase of One (1) Replacement Light-Duty Pickup Truck and One (1) Addition Cab and Chassis Service Body Vehicle for the Parks, Recreation and Commercial Facilities Department (Citywide) The replacement vehicle has met established criteria and will be retired and sold at auction. The addition to the fleet is for Eastmark Park. These two (2) vehicles are additional purchases against contracts originally awarded by Council on April 1, 2013. Fleet Services, Parks, Recreation and Commercial Facilities and Purchasing recommend awarding the contract to the lowest, responsive and responsible bidder, PFVT Motors, Inc., at $53,410.29. This purchase is funded by the Vehicle Replacement Fund ($25,639.82) and the General Fund - Capital ($27,770.47). *4-f 13-2134 Purchase of Three (3) Replacement Vehicles (Tahoes) and Two (2) Additions to the Fleet (Tahoes) for the Police Department (Citywide) These vehicles have met established criteria and will be retired and sold at auction. The two (2) additions to the fleet will be used by the Police Department for DUI enforcement. These five (5) vehicles are additional purchases against contracts originally awarded by Council on April 1, 2013. Fleet Services, Police and Purchasing recommend awarding the contract to the lowest, responsive and responsible bidder, Midway Chevrolet, at $192,530.85. the three replacements will be funded by the Vehicle Replacement Fund and the two additions will be funded by the Governor's Office of Highway Safety. City of Mesa Page 5 Printed on 10/24/2013 City Council Meeting Agenda - Final October 28, 2013 *4-g 13-2138 Dollar-Limit Increase to the Term Contract for Emergency Vehicle Equipment and Installation Services for Police Patrol Vehicles as Requested by Fleet Services (Citywide) On April 1, 2013, Council approved the initial three-year term contract for Emergency Vehicle Equipment and Installation Services for Police Patrol Vehicles. Fleet Services is consolidating all of the City's emergency equipment purchases for the general fleet with that of the Police Department, and intends to use the LSH contract for this purpose. Fleet Services requires the dollar-limit increase, of $925,000 to raise the purchasing threshold on the LSH contract to accommodate the consolidation strategy; this is not a request for additional funding. Fleet Services and Purchasing recommend authorizing a dollar-limit increase, of $925,000, from $628,000 to $1,553,000 annually for the primary contract, Kenco OR LLC, dba LSH Lights, and the conditional secondary award, Arizona Emergency Products, based on estimated requirements. *4-h 13-2139 Four-Month Extension and Dollar-Limit Increase to the Term Contract for Temporary Agency Worker Services as requested by the Human Resources Department (Citywide) The existing contract is set to expire on December 2, 2013. Human Resources and Purchasing recommends extending the expiration date to allow for a new solicitation to be developed and awarded. The new contract will add classifications and requirements currently covered in a separate contract. Human Resources and Purchasing recommend authorizing a dollar-limit increase, of $1,348,000 and a four-month extension with Allstaff Services Inc., Corporate Job Bank, GCA Services Group (a Mesa business), and Job Brokers Inc., of $4,790,000 to $6,138,000, based on estimated requirements. City of Mesa Page 6 Printed on 10/24/2013 City Council Meeting Agenda - Final October 28, 2013 *4-i 13-2147 Dollar-Limit Increases and Three (3)-Month Extensions to the Term Contracts for Temporary Employment Services as requested by the Arts and Culture and the Parks Recreation and Commercial Facilities Departments (Citywide). Both contracts will expire on December 31, 2013. With the three (3)-month extensions, the contracts will expire March 31, 2014. The dollar limit increases are being requested to cover estimated spending for the time-frame of the extension. The time extensions and dollar-limit increases will allow for these contracts to continue until a solicitation can be completed. The solicitation will combine the classifications covered in these two contracts with the classifications currently covered by the Human Resources Temporary Agency Worker contract. Arts and Culture, and Parks, Recreation and Commercial Facilities and Purchasing recommend a three (3)-month extension of the existing City Contract for the Mesa Convention Center and a dollar-limit increase of $30,000, from $88,000 to $118,000 for this contract. The three vendors on the City's contract are TS Staffing Services Inc., Labor Ready Southwest Inc., and Allied Forces Temporary Services. Arts and Culture, and Parks, Recreation and Commercial Facilities and Purchasing recommend extending the City of Chandler cooperative contract with Devau Human Resources for an additional three (3)-months as well as increase the dollar limit of the contract by $200,000, from $450,000 to $650,000. 5 Take action on the following resolutions: *5-a 13-2113 Approving and authorizing the City Manager to accept funding made available through a Federal SubAward Agreement with the University of Illinois. This Agreement provides $50,000 to the Police Department for overtime, equipment, supplies and Safe Ride subsidies. (Citywide) *5-b 13-2114 Approving and authorizing the City Manager to accept funding made available through a Charitable Contribution from State Farm Mutual Automobile Company. This Contribution provides $25,000 to the Police Department for overtime for Teen Driver Safety Awareness programs. (Citywide) *5-c 13-2117 Approving and authorizing the City Manager to accept funding made available through a SubGrantee Agreement with the Arizona Department of Homeland Security. This Agreement provides $200,000 to the Mesa Police Department for Training and Equipment. (Citywide) City of Mesa Page 7 Printed on 10/24/2013 City Council Meeting Agenda - Final October 28, 2013 *5-d 13-2121 Approving and authorizing the City Manager to accept funding made available through a SubGrantee Agreement with the Arizona Department of Homeland Security. This Agreement provides $28,000 to the Mesa Police Department for training and equipment. (Citywide) *5-e 13-2125 Approving and authorizing the City Manager to accept funding made available through a Highway Safety Contract with the Governor's Office of Highway Safety. This Contract provides $50,000 to the Police Department for overtime to support and enhance Selective Traffic Enforcement throughout the City of Mesa. (Citywide) *5-f 13-2128 Approving and authorizing the City Manager to accept funding made available through a Highway Safety Contract with the Governor's Office of Highway Safety. This Contract provides $110,000 to the Police Department for overtime expenses to enhance and support Impaired Driver/DUI Alcohol Enforcement throughout the City. (Citywide) *5-g 13-2129 Approving and authorizing the City Manager to accept funding made available through a Highway Safety Contract with the Governor's Office of Highway Safety. This Contract provides $127,500 to the Police Department's Forensic Services Division toward the purchase of DUI Equipment. (Citywide) *5-h 13-2130 Approving and authorizing the City Manager to execute a Subgrantee Agreement with the Arizona Department of Homeland Security for grant funds in the amount of $216,000 for equipment, training, and planning for the Fire and Medical Services Department's Rapid Response Team. (Citywide) *5-i 13-2169 Approving and authorizing the City Manager to execute an agreement with Clean Energy relating to the installation, lease and maintenance of a temporary compressed natural gas fueling station, and the purchase of associated equipment for a total of $505,042, to be located at the Sixth Street Service Center Yard. (District 4) *5-j 13-2111 Extinguishing Public and Private Drainage Easements on Lots 1 - 8 of the Final Plat for First Mesa Commerce Park Phase 1, as recorded in Book 1020 of Maps, Page 9, records of Maricopa County, Arizona (District 6) New Drainage Easements will be dedicated on the new Final Plat for First Mesa Commerce Park Phase 1 Amended. City of Mesa Page 8 Printed on 10/24/2013 City Council Meeting Agenda - Final October 28, 2013 *5-k 13-2158 Adopting a resolution relating to Foreign Trade Zone Property Tax reclassification requirements for the City to issue its support for a Foreign Trade Zone application. 6 Discuss, receive public comment, and take action on the ordinances 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. *6-a 13-2077 Z13-043 (District 6) 3225 South Power Road. Located on the east side of Power Road just south of Guadalupe Road (14.25± acres). Modification of a Planned Area Development in the LI-PAD zoning district. This request will allow the development of a self-storage facility. Staff Recommendation: Approval with Conditions P&Z Board Recommendation: Approval with Conditions (Vote 6-0, Boardmember Clement, absent) *6-b 13-2078 Z13-044 (District 6) The 5,600 to 6,000 blocks of South Signal Butte Road (east side) and the 10,800 to 11,100 blocks of East Williams Field Road (north side). Located at the north east corner of Signal Butte Road and Williams Field Road (105± acres). Rezone from RSL-4.5 (35± acres) and RS-6 (70± acres) to RS-6-PAD and Site Plan Review. This request will allow residential development. Staff Recommendation: Approval with Conditions P&Z Board Recommendation: Approval with Conditions (Vote 6-0, Boardmember Clement, absent) *6-c 13-2095 Amending various sections of the Mesa City Code; Title 5 (Business Regulations), Chapter 17 (Development Impact Fees), adopting the Pledge Debt Analysis for Continuation of Impact Fees and continuing the Development Impact Fees as currently assessed. (Citywide) This ordinance is to comply with the requirements in A.R.S. § 9-463.05 and to continue assessing current development fees and use them solely for principal and interest payments on existing eligible pledged debt. City of Mesa Page 9 Printed on 10/24/2013 City Council Meeting Agenda - Final October 28, 2013 *6-d 13-2085 Amending Title 5 (Business Regulations), Chapter 10 (Privilege and Excise Taxes) of the Mesa City Code, to adopt the changes made to the Model City Tax Code by the Municipal Tax Code Commission. The Commission has approved these changes and Arizona Revised Statutes require that all Arizona cities and towns adopt the changes approved by the Commission. The combined fiscal impact for all changes adopted by the Commission or preempted by Arizona State Legislature will result in an overall reduction to City tax revenues of approximately $1,295,000. The Office of Management and Budget has factored these changes into the City budget. These changes were reviewed and approved to move forward to the Council by the Audit, Finance and Enterprise Committee on July 1, 2013. 7 Take action on the following subdivision plats: *7-a 13-2131 "Estancia at Mountain Bridge" - (District 5) The 8700 to 8800 blocks of East Upper Canyon Drive (north side). Located north of East McKellips Road and west of North Ellsworth Road. 23 RS-35 PAD lots (19.49 ± acres) Pinnacle Ridge Holdings, LLC, owner; Darrell D. Smith, Wood, Patel & Associates, Inc., engineer. *7-b 13-2132 "Bellavia at Mountain Bridge" - (District 5) The 8600 to 8800 blocks of East Upper Canyon Drive (south side). Located north of McKellips Road and west of Ellsworth Road. 115 RS-9 PAD PAD lots (33.4 ± acres) Pinnacle Ridge Holdings, LLC, owner; Darrell D. Smith, Wood, Patel & Associates, Inc., engineer. Items not on the Consent Agenda 8 Conduct public hearings and take action on the following resolutions and ordinance that was introduced at a prior Council meeting: 8-a 13-2149 Conduct a public hearing. City of Mesa Page 10 Printed on 10/24/2013 City Council Meeting Agenda - Final October 28, 2013 8-b 13-2080 GPMinor13-006 (District 3) A resolution regarding the 800 and 900 blocks of West Southern Avenue (south side), the 1200 and 1300 blocks of South Extension Road (west side) and the 800 and 900 blocks of West Grove Avenue (northside). Located at the southwest corner of Southern Avenue and Extension Road. (3.67± acres). Minor General Plan Amendment to adjust the boundaries of the existing Mesa 2025 General Plan Land Use Designation from Community Commercial (CC) to High Density Residential 15+ (HDR 15+). This request will allow multi-residence development. Staff Recommendation: Adoption P&Z Board Recommendation: Adoption (Vote: 6-0, Boardmember Clement, absent) 8-c 13-2082 Z13-045 (District 3) An ordinance regarding the 800 and 900 blocks of West Southern Avenue (south side), the 1200 and 1300 blocks of South Extension Road (west side), and the 800 and 900 blocks of West Grove Avenue (north side). Located at the southwest corner of Southern Avenue and Extension Road (19.3± acres). Rezone from LC-BIZ PAD and RM-4-BIZ-PAD to RM-4-PAD and Site Plan Review. This request will allow multi-residence development. Staff Recommendation: Approval with Conditions P&Z Board Recommendation: Approval with Conditions (Vote: 6-0, Boardmember Clement, absent) 8-d 13-2091 Conduct a public hearing. 8-e 13-2083 GPMajor13-01 (District 6) A resolution regarding the 8200 to 8400 blocks of East Baseline Road (north side). General Plan Land Use Major Amendment from High Density Residential 15+ (HDR15+) and Neighborhood Commercial (NC) to Medium Density Residential 6-10 (MDR 6-10), High Density Residential 15+ (HDR 15+) and Neighborhood Commercial (NC) on 54± acres at the northwest corner of Loop 202 San Tan Freeway and Baseline Road. Staff Recommendation: Adoption P&Z Board Recommendation: Adoption (Vote: 6-0, Clement absent) 8-f 13-2149 Conduct a public hearing. City of Mesa Page 11 Printed on 10/24/2013 City Council Meeting Agenda - Final October 28, 2013 8-g 13-2084 GPMajor13-02 (District 1) A resolution regarding the 3300 to 3600 blocks of East Thomas Road (north side) and the 3600 block of North Val Vista Drive. General Plan Land Use Major Amendment from Mixed Use Residential (MUR) to High Density Residential 15+ (HDR15+) on 13± acres at the northwest corner of Thomas Road and Val Vista Drive. Staff Recommendation: Adoption P&Z Board Recommendation: Adoption (Vote: 6-0, Boardmember Clement, absent) 9 Items from citizens present. (Maximum of three speakers for three minutes per speaker). 10 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 12 Printed on 10/24/2013