City Council

City of Mesa Council Chambers 57 E. First Street City Council Meeting Agenda - Final Monday, May 5, 2014 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 Alex Finter Vice Mayor Chris Glover - District 4 Councilmember Dave Richins - District 1 Councilmember Terry Benelli - District 2 Councilmember Dennis Kavanaugh - District 3 Councilmember David Luna - District 5 Councilmember Scott Somers - District 6 City Council Meeting Agenda - Final May 5, 2014 Roll Call (Members of the Mesa City Council will attend either in person or by telephone conference call) Invocation by Doctor James Adams, Cornerstone Church Pledge of Allegiance Swearing-In of District 2 Councilmember Terry Benelli Mayor's Welcome Awards, Recognitions and Announcements 1 Take action on all consent agenda items. Items on the Consent Agenda *2 14-0469 Approval of minutes of previous meetings as written. 3 Take action on the following liquor license applications: *3-a 14-0448 Arizona Knights of Columbus Charity, Inc. This is a two-day fraternal event to be held on Friday, July 11, 2014 from 6:00 P.M. to 10:00 P.M., and on Saturday, July 12, 2014 from 6:00 P.M. to 10:00 P.M., at 1730 West Guadalupe Road. (District 3) *3-b 14-0450 Broadway Liquors A Liquor Store is requesting a person-to-person transfer for KKR Assets, LLC, 405 East Broadway Road - Kundavaram Reddy, agent. The existing Liquor Store License held by EBJJ Enterprises will revert back to the State for modification. (District 4) *3-c 14-0451 Circle K 3476 A convenience store with a fueling station is requesting a new Beer and Wine Store License for Circle K Stores, Inc., 415 North Stapley Drive - Kim Kwiatkowski, agent. The existing Beer and Wine Store License held by Asse Gas LLC will revert back to the State. (District 4) City of Mesa Page 2 Printed on 5/1/2014 City Council Meeting Agenda - Final May 5, 2014 *3-d 14-0452 Mi Lindo Mexico A new Beer and Wine Store License for Malika LLC, 103 West Eighth Avenue - Shahbano Sheikh, agent. The existing Beer and Wine Store License held by Badshah, LLC, will revert back to the State. (District 4) *3-e 14-0453 O'Neill's Place A restaurant that serves lunch and dinner is requesting a new Restaurant License for EGA LLC, 2855 North Power Road, Suite 101 - Michael Win Aiton, agent. The existing Restaurant License held by O'Neill Five, Inc., will revert back to the State. (District 5) 4 Take action on the following contracts: *4-a 14-0439 Three Year Term Contract for Heavy-Duty OEM Cab/Chassis Parts for the Fleet Services Department (Citywide) This contract will provide heavy-duty OEM cab/chassis parts to maintain the City's assorted fleet of approximately 175 medium and heavy-duty vehicles. Fleet Services and Purchasing recommend awarding the contract to the lowest priced, responsive and responsible bidders: Freightliner, Sterling, Western Star of Arizona; Inland Kenworth, Inc.; Cummins Rocky Mountain LLC; Rush Truck Centers of Arizona, dba Rush Truck Center of Phoenix; Vanguard Truck Center; and RWC International Ltd.; at $805,000 annually, based on estimated requirements. *4-b 14-0443 One-Year Renewal of the Term Contract for Graffiti Abatement Services for the Transportation Department (Citywide) In the summer of 2010, the City initiated a contract for graffiti abatement services to enhance the City's program and to continue aggressively abating all graffiti within 24-hours. The additional services provided by the contractor include true color-matching and graffiti removal using water or soda blasting methods. Transportation and Purchasing recommend authorizing a one-year renewal with Graffiti Protective Coatings, Inc. (a Mesa business), at $270,450, based on estimated requirements. City of Mesa Page 3 Printed on 5/1/2014 City Council Meeting Agenda - Final May 5, 2014 *4-c 14-0445 One-Year Renewal of the Term Contract for Reflectorized Sign Sheeting for the Transportation Department (Citywide) Transportation, Field Operations personnel fabricate and maintain Mesa's traffic control and street name signs that are installed throughout the City for public safety. This contract provides reflectorized sign sheeting materials for the fabrication of signs for City streets and general usage. Transportation and Purchasing recommend authorizing a one-year renewal using the Arizona Department of Transportation cooperative contract with 3M Company, at $30,000 annually, based on estimated requirements. *4-d 14-0447 Purchase of Replacement Uninterruptable Power Supply Devices and Related Web Management Cards for the Information Technology Department (Citywide) This purchase will provide for the replacement of an aging and poor performing fleet of Uninterruptable Power Supply (UPS) devices. Approximately two-thirds of the City's devices are at least five years old and many are even older. UPS devices act as transitional power for telephone and computing services when primary utility power is temporarily interrupted. UPS devices are located in building equipment rooms across the City. The web management cards are for remote proactive performance monitoring of these UPS devices in the field. Information Technology and Purchasing recommend authorizing the purchase using the State of Arizona cooperative contract with Insight Public Sector, at $57,581.14. *4-e 14-0442 One-Year Renewal of the Term Contract for Emergency Pump Rental for the Transportation Department (Citywide) Transportation maintains thirty-nine storm water pump stations with fifty-one of the pumps that convey storm water, irrigation tail water, and water from storm events. During these events the storm water system can be overwhelmed creating flooded streets, overflowing retention basins, flooded property, along with the possibility of pump failure. Therefore, the department requires the ability to rent trailer mounted portable pumps on an immediate response, as-needed basis to prevent flooding and property damage. Transportation and Purchasing recommend authorizing a one-year renewal with Water Movers, Inc., at $50,000 annually, based on estimated requirements. City of Mesa Page 4 Printed on 5/1/2014 City Council Meeting Agenda - Final May 5, 2014 *4-f 14-0446 Purchase of TASER Training Cartridges and Two Replacement Simulation Suits for the Police Department (Citywide) This purchase will provide TASER brand x26 training cartridges and x26 simulation suits for the Police Department. The Police Training Division will be conducting an annual recertification of all TASER operators. The training cartridges are needed to complete the recertification. Additionally, Training has two unserviceable simulation suits that need to be replaced . In October 2013, PD purchased TASER supplies (duty cartridges and batteries) for $21,816.76. Because the combined amount of these TASER purchases will exceed the procurement and Council threshold of $25,000 on a yearly basis, Council approval is required. Police and Purchasing recommend authorizing the purchase using the Arizona Department of Public Safety cooperative contract with Proforce Law Enforcement, at $18,264.66. *4-g 14-0438 Purchase of 300 On-Officer Cameras and Data Storage Plan (Five-Year Purchase) (Sole Source) (Citywide) After a one-year pilot program and extensive research, the Police Department has determined the Taser International Axon Flex systems fully meet the operational needs of the department. The on-officer camera systems accurately address complaints of misconduct and drastically reduce false complaints and civil liability. This multi-year purchase will allow the department to deploy the on-officer camera systems to all patrol and motorcycle officers by FY 2016/17. The deployments will include docking stations to facilitate the use of the new camera systems and five-years of secure cloud data storage through Evidence.com. Police and Purchasing recommend awarding the contract to the sole source vendor, Taser International, Inc., for the five-year purchase total of $1,489,479.18. City of Mesa Page 5 Printed on 5/1/2014 City Council Meeting Agenda - Final May 5, 2014 *4-h 14-0441 Purchase to Refurbish and Upgrade One Bomb Robot for the Police Department (Sole Source) (Citywide) In 2003, the Police Department purchased two Andros F6A robots used during SWAT calls to open doors, break windows, deploy explosive breaching charges and allow bomb technicians to work remotely. The robots are now frequently failing and require refurbishment and upgrades (a complete overhaul) which can only be completed by the manufacturer to bring the robot to the same specifications of the newer robots manufactured by REMOTEC. The upgrades will include real-time on screen position graphics, improved software, and position presets giving the operator the robot's orientation. Police and Purchasing recommend awarding the contract to the sole source vendor, REMOTEC (a subsidiary of Northrop Grumman), at $91,443.63. This purchase is funded by Asset Forfeiture RICO funds. *4-i 14-0440 Purchase of Replacement Modular Furniture for the Information Technology Building for the Information Technology Department (District 4) The Information Technology Building located at 59 East First Street is the primary worksite for sixty Information Technology employees. The modular furniture in the building is approximately 31 years old, is not compatible with other City modular furniture, is in disrepair and needs to be replaced. This building has never been fully upgraded to the current City facilities standard. Reuse of components from other facilities has only completed 18% of the building. This project will be split into phases and installation will be done after office hours to minimize any disruptions to operations. Information Technology and Purchasing recommend authorizing the purchase using the State of Arizona contract with Goodmans Interior Structures, at $89,222.31. City of Mesa Page 6 Printed on 5/1/2014 City Council Meeting Agenda - Final May 5, 2014 *4-j 14-0437 Broadway Road Wastewater Line Replacement, Horne to Williams (District 4) This project will install a new sewer main to replace the existing vitrified clay pipe (VCP) sewer main which was installed on Broadway Road between Horne and Williams (1.1 miles) between 1950 and 1960. Video inspections conducted by the Utilities Department show pipe defects and conditions have deteriorated that require the sewer line to be replaced. Additionally, the pipe is experiencing flow restrictions and backs up due to inadequate slope. These conditions in the sewer main have resulted in higher than normal maintenance costs. The new sewer main alignment will tie into a lower connection point and allow for the pipe to be installed at slopes that meet current City Design Standards. Recommend award to the lowest responsible bidder, The Fishel Company, in the amount of $1,603,384.70, plus an additional $160,338.47 (10% allowance for change orders) for a total award of $1,763,723.17. Funding is available in the 2006 Wastewater bond funds. 5 Take action on the following resolutions: *5-a 14-0422 Approving and authorizing the City Manager to enter into an Amended and Restated Intergovernmental Agreement with the Regional Public Transportation Authority for fixed bus, Dial-A-Ride and Ridechoice transit services. The estimated cost of transit services for FY 13/14 is $14,587,899. Regional funds provide $9,840,721 for the services and the City funds the remaining $4,747,178. (Citywide) *5-b 14-0423 Approving and authorizing the City Manager to enter into an Intergovernmental Agreement with the Regional Public Transportation Authority for operations and maintenance of certain elements of the Arizona Avenue/Country Club and Main Street LINK bus route stations. The City's share of the operations and maintenance costs will be $26,000 annually. (Citywide) *5-c 14-0435 Ordering the sale of $37,550,000 principal amount of City of Mesa General Obligation Bonds, Series 2014; and authorizing the reimbursement with bond proceeds of certain advances on construction projects. *5-d 14-0436 Ordering the sale of $36,385,000 principal amount of City of Mesa Utility Systems Revenue Bonds, Series 2014; and authorizing the reimbursement with bond proceeds of certain advances on construction projects. City of Mesa Page 7 Printed on 5/1/2014 City Council Meeting Agenda - Final May 5, 2014 6 Introduction of the following ordinances and setting May 19, 2014 as the date of the public hearing on these ordinances: *6-a 14-0427 Modifying rates for electric utility services. *6-b 14-0428 Modifying rates for natural gas utility services. *6-c 14-0429 Modifying rates for water utility services. *6-d 14-0433 Modifying the City Code title 5, chapter 13 regarding the Residential Solid Waste Development Tax. *6-e 14-0430 Modifying rates for wastewater utility services. *6-f 14-0431 Modifying rates for solid waste utility services. *6-g 14-0432 Modifying rates/fees/charges for utility service fees. *6-h 14-0462 Modifying the Terms and Conditions for the Sale of Utilities related to customer account maintenance, credit and refund policies, certain clerical corrections, and clarifying verbiage. (Citywide) *6-i 14-0457 A14-04 (District 1) Annexing 5.8 ± acres of land located east of the northeast corner of Alma School and McLellan Roads. This annexation is initiated by the property owners. *6-j 14-0455 Z14-005 (District 2) 5656 East Albany Street (north side). Located north and east of North 56th Street and East Main Street (32± acres). Rezone from Maricopa County R1-8 SC to City of Mesa RS-9 AS. This request will establish City of Mesa zoning on previously annexed property. Staff Recommendation: Approval with Conditions P&Z Board Recommendation: Approval with Conditions (Vote: 6-0-1, Vice Chair Coons, abstain) City of Mesa Page 8 Printed on 5/1/2014 City Council Meeting Agenda - Final May 5, 2014 *6-k 14-0456 Z14-006 (District 2) 5656 East Albany Street (north side). Located north and east of North 56th Street and East Main Street (32± acres). Rezone from RS-9 AS to RSL2.5 PAD. This request will allow the development of a single-residence subdivision. Staff Recommendation: Approval with Conditions P&Z Board Recommendation: Approval with Conditions (Vote: 3-1-1, Boardmember Di Bella, nay; Vice Chair Coons, abstain; Boardmembers Hudson and Johnson, absent) 7 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. *7-a 14-0390 Z14-020 (District 6) 1010 South Crismon Road (west side). Located north of Southern Avenue on the west side of Crismon Road (1± acres). Rezone from RS-43 to OC BIZ and Site Plan Review. This request will allow the development of a medical office building. Staff Recommendation: Approval with Conditions P&Z Board Recommendation: Approval with Conditions (Vote: 6-0-1, Chair Carter abstains) *7-b 14-0385 Z14-014 (District 6) The 3600 to 5200 blocks of South Ellsworth Road (east side), the 9200 to 10800 blocks of East Elliot Road (south side), and the 3600 to 6000 blocks of the South Signal Butte Road alignment (west side) (472± acres). Located south of Elliot Road between Ellsworth Road and Signal Butte Road. This request will allow the Campus/Regional Center Land Use Group in Development Unit 5. Staff Recommendation: Approval with Conditions P&Z Board Recommendation: Approval with Conditions (Vote: 7-0) City of Mesa Page 9 Printed on 5/1/2014 City Council Meeting Agenda - Final May 5, 2014 *7-c 14-0388 Z14-018 (District 6) 7515 South Atwood. Located west of Ellsworth Road and north of Germann Road (1.22± acres). Site Plan Review. This request will allow the development of an industrial warehouse. Staff Recommendation: Approval with Conditions P&Z Board Recommendation: Approval with Conditions (Vote: 7-0) *7-d 14-0389 Z14-019 (District 4) 824 West Broadway Road (NWC of Broadway Road and Extension Road). Located east of Alma School Road on the north side of Broadway Road (2.2± acres). Site Plan Review and Council Use Permit for a Large Collection Facility in the LI district. This request will allow the development of a contractor's yard for the storage of building materials and recycling materials. Staff Recommendation: Approval with Conditions P&Z Board Recommendation: Approval with Conditions (Vote: 7-0) *7-e 14-0391 Z14-021 (District 6) The 8200 to 8600 blocks of East Baseline Road (north side). Located on the north side of Baseline Road and the west side of the Loop 202 San Tan Freeway (52.4 ± acres). Rezone from LC PAD and RM-4 PAD to LC PAD, RSL-2.5 PAD and RM-4 PAD. This request will allow the development of a mixed-use community. Staff Recommendation: Approval with Conditions P&Z Board Recommendation: Approval with Conditions (Vote: 6-0-1, Chair Carter abstains) *7-f 14-0392 Z14-022 (District 5) 602 South Edgewater Drive. Located north of Southern Avenue and east of Power Road (0.5± acres). Rezone from RS-6 PAD to RS-6 PAD HL. This request will establish a Historic Landmark Overlay. Staff Recommendation: Approval with Conditions P&Z Board Recommendation: Approval with Conditions (Vote: 7-0) *7-g 14-0399 Modifying City utility rates, fees and charges by adopting an incentive program for Mesa utility electronic bill delivery and SurePay automatic bank draft payments. (Citywide) City of Mesa Page 10 Printed on 5/1/2014 City Council Meeting Agenda - Final May 5, 2014 8 Take action on the following subdivision plats: *8-a 14-0458 "Sunland Springs Village Unit 7 Phase 4" (District 6) The 11500 block of east Guadalupe Road. Located north of Guadalupe Road and east of South Signal Butte Road. 11 RS-6 Lots (3.95± acres) Lawyers Title of Arizona, Inc., owner; Jeff Giles, Clouse Engineering, engineer. *8-b 14-0459 "Sunland Springs Village Unit 8" (District 6) The 2800 block of south Springwood Boulevard. Located south and east of East Guadalupe and South Signal Butte Roads. 137 RS-6 lots (66.29± acres) Farnsworth Development Company, owner; Jeff Giles, Clouse Engineering, engineer. 9 Take action on the following tentative proposed Fiscal Year 2014-15 Budget Plan: *9-a 14-0470 Take action on the adoption of the tentative proposed Fiscal Year 2014-15 Budget Plan. Items not on the Consent Agenda 10 Conduct a public hearing and take action on the following resolution regarding Minor General Plan Amendment GPMinor14-005 and ordinance that was introduced at a prior Council meeting: 10-a 14-0467 Conduct a public hearing. 10-b 14-0393 GPMinor14-005 (District 5) The 5000 to 5200 blocks of East Brown Road (north side). Located at the northwest corner of Brown Road and Higley Road (5± acres). Minor General Plan Amendment to adjust the boundaries of the existing Mesa 2025 General Plan Land Use Designation from NC to MDR 4-6. This request will allow the development of a single-residential subdivision. Staff Recommendation: Adoption P&Z Board Recommendation: Adoption (Vote: 7-0) City of Mesa Page 11 Printed on 5/1/2014 City Council Meeting Agenda - Final May 5, 2014 10-c 14-0386 Z14-016 (District 5) The 5000 to 5200 blocks of East Brown Road (north side). Located at the northwest corner of Brown Road and Higley Road (76.6± acres). Rezone from AG to RSL4.5-PAD on 43.65 acres and rezone from AG to RSL2.5 on 33 acres. This request will allow the development of a single-residential subdivision. Staff Recommendation: Approval with Conditions P&Z Board Recommendation: Approval with Conditions (Vote: 7-0) 11 Conduct a public hearing and take action on the following resolution regarding Minor General Plan Amendment GPMinor14-006 and ordinance that was introduced at a prior Council meeting: 11-a 14-0468 Conduct a public hearing. 11-b 14-0394 GPMinor14-006 (District 6) 3143 South Power Road. Located south of Guadalupe Road on the east side of Power Road (16.3± acres). Minor General Plan Amendment to adjust the boundaries of the existing Mesa 2025 General Plan Land Use Designation from NC and HDR 15+ to MDR 6-10. This request will allow the redevelopment of a single-residential subdivision. Staff Recommendation: Adoption P&Z Board Recommendation: Adoption (Vote: 7-0) 11-c 14-0387 Z14-017 (District 6) 3143 South Power Road. Located south of Guadalupe Road on the east side of Power Road (16.3± acres). Rezone from LC and RM-4 to RSL-2.0 PAD. This request will allow the development of a single-residential subdivision. Staff Recommendation: Approval with Conditions P&Z Board Recommendation: Approval with Conditions (Vote: 7-0) City of Mesa Page 12 Printed on 5/1/2014 City Council Meeting Agenda - Final May 5, 2014 12 Conduct a public hearing and take action on the following resolution regarding Minor General Plan Amendment GPMinor14-004, ordinance that was introduced at a prior Council meeting and resolution regarding the development agreement relating to the property located at at 6350 East Main Street: 12-a 14-0510 Conduct a Public Hearing. 12-b 14-0507 GPMinor14-004 (District 2) 6350 East Main Street. Located east of Recker Road on the north side of Main Street (0.63± acres). Minor General Plan Amendment to adjust the boundaries of the existing Mesa 2025 General Plan Land Use Designation from CC to MUR. This request will allow the redevelopment of a commercial building, Judith M. Gaede, owner; Lindsay Schube, Withey Morris, PLC., applicant. Staff Recommendation: Adoption P&Z Board Recommendation: Adoption (Vote: 4-0, Boardmembers Clement, Hudson and Johnson, absent) 12-c 14-0333 Z14-012 (District 2) 6350 East Main Street. Located east of Recker Road on the north side of Main Street. (0.63± acres) Rezone from LC to LI-BIZ. This request will allow the redevelopment of a commercial building, Judith M. Gaede, owner; Lindsay Schube, Withey Morris, PLC., applicant. (Legal Protest: ¾ vote required.) Staff Recommendation: Approval with Conditions P&Z Board Recommendation: Approval with Conditions (Vote: 4-0, Boardmembers Clement, Hudson and Johnson, absent) 12-d 14-0501 A resolution approving and authorizing the City Manager to enter into a Development Agreement with Judith M. Gaede relating to the zoning case Z14-012 for the property located at 6350 East Main Street. (District 2) 13 Items from citizens present. (Maximum of three speakers for three minutes per speaker). 14 Adjournment. City of Mesa Page 13 Printed on 5/1/2014 City Council Meeting Agenda - Final May 5, 2014 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 5/1/2014