This starts off with a time-killer about E-Scooters that were dumped on the sidewalks and public rights-of-way more than a year ago without any prior notice whatsoever.
Now the city has A PILOT PROGRAM to evaluate it and admits the city spends no time managing the program! Time wasted = more than 25 minutes
_________________________________________________________________________
Note: Mayor John Giles starts off first noting an absence and then by engaging telephonically with D1 Councilmember Mark Freeman who states he has some questions about Item 6-b. Just by coincidence or not there's a presentation ready to be given on that...anticipation in advance mebbe?
BLOGGER NOTE: The city spends no time managing this program, so why waste so much time blabbing about E-Scooters??? They were just dumped onto sidewalks and into the public rights-of-way with no prior notice for the public.
________________________________________________________________________
Source: http://mesa.legistar.com/Calendar.aspx
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*Item 6-b 19-0984 Amending Title 10 (Traffic), Chapter 1 (Bicycles and Skateboards), Sections 1 through 21 of the Mesa City Code, and adding new Sections 22 and 23 to the code.
The changes include minor updates and revisions, removing obsolete items, and incorporating Shared Active Transportation Vehicles. (Citywide)
| Attachments: | 1. Presentation, 2. Council Report, 3. Ordinance |
Roll Call
(City Council members participate in person or by telephone conference call.)
1 Review and discuss items on the agenda for the September 23, 2019 regular Council meeting.
File #19-1010
| On agenda: | 9/23/2019 |
| Title: | Approval of minutes of previous meetings as written. |
| Attachments: | 1. July 1, 2019 Study, 2. August 26, 2019 Study, 3. September 5, 2019 Study, 4. September 9, 2019 Regular, 5. September 9, 2019 Study, |
2 Presentation/Action Items:
Item 2-a
File#19-1021 Hear a presentation and discuss an update on the City's Utility Assistance Program.
| On agenda: | 9/23/2019 |
| Title: | Hear a presentation and discuss an update on the City's Utility Assistance Program. |
| Attachments: | 1. Presentation |
3 Acknowledge receipt of minutes of various boards and committees.
> 19-1047 Sustainability and Transportation Committee meeting held on May 20, 2019.3-a
> 19-1032 Historic Preservation Board meeting held on August 6, 2019.3-b
4 Current events summary including meetings and conferences attended.
5 Scheduling of meetings.
________________________________________________________________________________
> Multiple Dollar-Limit Increases on City Contract Awards
> A Public Hearing on 4 Zoning Cases : Item 6
Introduction of the following ordinances and setting October 7, 2019 as the date of the public hearing
> A Case on the use of Eminent Domain
> 4 Ordinances in Item 7
> Item 5-b 19-1023
Designating the Chief Fiscal Officer with the authority to annually submit the City's Expenditure Limitation Report to the Arizona Auditor General on behalf of the City Council, as required by state statute. (Citywide)
_________________________________________________________________________
This has gone on since December 2018
*Item 5-c
File #19-1029
| On agenda: | 9/23/2019 |
| Title: | Staff is requesting approval to continue negotiations to acquire certain undeveloped property located in the 1300 block of North Power Road (APN: 218-04-013B) of approximately 8.38 acres for the construction of the Northeast Public Safety Facility, and in order to avoid construction delays, authorization and direction to staff, that fee title, or other interests in and possession of this property be acquired by the City of Mesa through eminent domain, as a matter of public necessity. (District 5) |
| Attachments: | 1. Council Report, 2. Vicinity Map, 3. Location Map, 4. Resolution |
HERE'S THE COUNCIL REPORT
City Council Report
Date: September 23, 2019
To: City Council Through: Kari Kent, Assistant City Manager
From: Beth Huning, City Engineer
Rob Kidder, Assistant City Engineer
Subject: Authority to acquire property located at 1300 block of North Power Road Council District #5
Purpose and Recommendation
The purpose of this report is to consider a staff recommendation to authorize staff to acquire a parcel of land necessary for the Northeast Public Safety Facility, located in the 1300 block of North Power Road. Staff is requesting authorization to acquire a certain parcel through eminent domain if necessary.
Staff intends to continue to negotiate with the property owner with the intent of reaching a settlement. Our goal is to acquire the parcels through negotiations with the property owner.
Background
On July 2, 2018, City Council was presented General Obligation Bond Projects for the General Election in November 2018, and the Northeast Public Safety Facility was part of the proposed Public Safety Projects. Property along North Power Road was on the list for Fire Station 222 and Northeast Police Substation (Northeast Public Safety Facility).
Approval of Question 3 authorizes the City to issue and sell general obligation bonds in the principal amount not exceeding $85,000,000 to provide funds to design, acquire, construct, reconstruct, improve, furnish, equip and install: improvements and facilities for public safety, law enforcement, fire and medical emergency services, and related communication systems and facilities, support equipment and vehicles, including acquisition of land.
Discussion
> Real Estate Services has received an appraisal in the amount of $2,125,000 for 8.38 acres of vacant land.
> A written offer was made to the property owner in December 2018.
> On January 30, 2019 the owner informed our outside counsel that they were trying to come up with a counteroffer.
A counteroffer has not been received to date.
A 20-day letter has been sent to the owner on March 13, 2019, by our outside legal counsel.
This letter informs the property owner, if the offer to purchase the property is not accepted on or before the end of this twenty-day period, the City reserves the right to exercise its power of eminent domain and to proceed with condemnation.
Arizona Revised Statutes require that at least twenty (20) days before filing an action for condemnation, the City must provide the property owner with a written purchase offer and an appraisal supporting the amount of the offer.
> The City is required by law to pay what is called “just compensation” for the land needed for this project.
“Just compensation” includes the value of the land and any improvements being taken and damages equal to any diminishment in value of the remaining property resulting from the acquisition.
Staff seeks Council approval to start the court proceedings on this parcel where the City and Property owner have not yet reached an agreement.
Staff will continue to work with the property owner and attempt to reach an agreement on a compensation amount for this property. Filing the court action is necessary because it will allow the City to seek the Order of Immediate Possession (OIP), so that the Project may proceed while the negotiations regarding compensation continue a parallel course.
________________________________________________________________________________
Alternative
The project cannot begin as scheduled if the use of eminent domain is not authorized when necessary to obtain immediate possession.
Fiscal Impact
The recommendation does not have a fiscal impact on the overall cost of the project.
Concurrence
The Police and Fire Departments and Engineering concur with this recommendation
________________________________________________________________________
Here's the streaming YouTube video of today's Study Session - notice once again how few members of the public are present and the low number of viewers who watch.
Please take the time to compare what any councilmember questions or discusses and make sure to mark what items on the agenda draw any interest or are actually given time.
Did all the items on the Consent Agenda stay on the consent agenda?
19-1002 Dollar-Limit Increase to the Term Contract for Industrial Supplies for the Materials and Supply Warehouse (for Citywide Departments) (Citywide)
Multiple departments use this citywide contract to perform their work. There been an overall increase in spend across all City departments and this increase is needed to get through the contract term, ending 12/31/2019.
The contract will be rebid at the end of its term.
The Business Services Department and Purchasing recommend increasing the dollar-limit using the City of Tucson / Omnia Partners (formerly National IPA) cooperative contract with Grainger by $196,000, from $500,000 to $696,000 annually, for Year 5 of the term contract.
*4-a
Page 2 City of Mesa Printed on 9/12/2019
September 23, 2019City Council Meeting Agenda - Tentative
19-1000 Dollar-Limit Increase to the Term Contract for Fire Protection Equipment Maintenance and Repair Services for the Parks, Recreation and Community Facilities Department (Citywide)
This increase is needed for repair proposals found during the semi-annual inspections and remaining 5-year inspections for several sites that need to be completed by 10/1/2019.
In addition, Facilities Maintenance also completed a major project of installing radio dialers at various City facilities.
The Parks, Recreation and Community Facilities Department recommend increasing the dollar-limit with Metro Fire Equipment, Inc., by $80,000 for Year 1, from $276,700 to $356,700.
*4-b
19-1009 Purchase of 20 Chevrolet Tahoes (11 Replacements and 9 Additions) for the Police Department (Citywide)
This purchase will provide 20 Chevrolet Tahoes, marked and unmarked, for Police Department use. Of the 11 vehicles that are being replaced: 2 vehicles are being replaced due to vehicles damaged beyond repair; 1 vehicle has met established criteria and will be either traded, auctioned, sold, or deployed to special uses as part of the ongoing vehicle replacement program; and 8 vehicles will be for the refurbishment pool.
The 9 vehicle additions are allocated for approved FY20 personnel additions. A GM plant shutdown is scheduled for September 2019 to retool the Tahoe model and could last 6 to 9 months.
The Fleet Services Department, Police Department, and Purchasing recommend authorizing the purchase from the existing contract with Midway Chevrolet at $810,519, plus additional capacity of $355,000 for unanticipated, if needed purchases, for the combined total of $1,165,519.
The purchase is funded by the Vehicle Replacement Fund and Public Safety Sales Tax.
*4-c
19-1007 One-Year Renewal to the Term Contract for Streetlight Pole Painting Services for the Transportation Department (Citywide)
This contract provides streetlight pole painting services of existing luminaires, poles, and pole skirts. Work is performed on an as-needed, where-needed, basis. The City does not supply any materials or labor for these painting services.
The Transportation Department and Purchasing recommend authorizing the renewal with OLS Restoration, Inc., at $80,000 annually, based on estimated usage.
*4-d
Page 3 City of Mesa Printed on 9/12/2019
September 23, 2019City Council Meeting Agenda - Tentative
19-1003 Dollar-Limit Increase to the Term Contract for Information Technology Solutions and Services for Various Departments throughout the City (Citywide)
The City is in Year 2 of this new contract and the City’s expenditures have increased more than estimated. Mesa, as the lead agency, partnered with the National IPA (now Omnia Partners) and led the solicitation and contract. This contract provides the City with a full range of information technology solution products and utilizing this agreement provides the City an efficient and cost-effective contract opportunity. Purchases made through this contract provide the City increased rebates as lead agency and through the P-card program.
The Business Services Department and Purchasing recommend increasing the dollar-limit with CDW Government LLC; and SHI International Corp.; for Years 2 through 5, from $3,100,000 to $6,000,000 annually, with an annual increase allowance of up to 5%, or the adjusted Consumer Price Index.
*4-e
19-1001 Three-Year Term Contract with Two Years of Renewal Options for Heavy-Duty Original Equipment Manufacturer (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.
OEM replacement parts are critical when requesting repairs and warranty from dealers. Parts purchased under this contract will be installed by Fleet Services.
The Fleet Services Department and Purchasing recommend awarding the contract to the lowest, responsive, and responsible bidders of each section (manufacturer):
- Rush Truck Centers of Arizona, dba Rush Truck Center Phoenix;
- Freightliner of Arizona, LLC, dba Velocity Truck Centers;
- Inland Kenworth, Inc.;
- RWC International, dba RWC Group;
- and Cummins Inc., dba Cummins Sales and Service (a Mesa Business); at $700,000 annually, with an annual increase allowance of up to 5%, or the adjusted Consumer Price Index.
*4-f
Page 4 City of Mesa Printed on 9/12/2019
September 23, 2019City Council Meeting Agenda - Tentative
19-1006 Three-Year Term Contract with Two Years of Renewal Options for Sewer, Manhole, Siphon Cleaning, Video, and Repair Services for the Water Resources Department (Single Response) (Citywide)
This contract will provide a contractor to perform cleaning and internal video inspections of sewer mains, sewer manholes, siphons, documentation of findings, cured in place point repairs of sewer mains which are trenchless options for extending the useful life of sewer mains, and emergency repairs.
An evaluation committee recommends awarding the contract to the single, responsive, and responsible proposal from Hoffman Southwest Corp., dba Professional Pipe Services (Pro-Pipe), at $600,000, annually with an annual increase allowance of up to 5%, or the adjusted Consumer Price Index.
*4-g
19-1004 Three-Year Term Contract with Two Years of Renewal Options for Large Water Meters, Related Equipment and Parts for the Water Resources Department (Citywide)
This contract will provide fire system cold-water meters, fire system non-mechanical cold-water meters, compound cold-water meters, non-mechanical cold-water meters, and commercial/industrial service and parts.
An evaluation committee recommends awarding the contract to the highest-scored proposals from
Core and Main, LP;
Ferguson Enterprises, LLC, dba Ferguson Waterworks;
Mountain States Pipe and Supply, dba MSPS;
and Badger Meter, Inc., dba National Meters and Automation;
at $250,000 annually, with an annual increase allowance of up to 5%, or the adjusted Consumer Price Index.
*4-h
19-0998 Purchase of 12 Mobile Gas Pressure Recording Devices (Replacements) for the Energy Resources Department (Sole Source) (Citywide)
Energy Resources currently has an aging inventory of 25 mobile electronic gas pressure recording devices. These recorders are used by Energy Resources to collect gas pressure data for verifying hydraulic modeling predictions, meeting regulatory requirements, monitoring system sensitivity during maintenance operations, monitoring pressure sensitive areas in cold weather events, and troubleshooting system pressure issues.
The Energy Resources Department and Purchasing recommend awarding the contract to the sole source vendor, Abriox, Inc., at $33,272.50, based on estimated requirements. This purchase is funded by the Utility Replacement Extension and Renewal Fund.
*4-i
Page 5 City of Mesa Printed on 9/12/2019
September 23, 2019City Council Meeting Agenda - Tentative
19-1025 Multiple Amendments and a Contract Value Increase to the Term Contracts for Solid Waste Disposal, Recyclable Material Processing, and Vegetative Waste Processing Services as requested by the Environmental Management and Sustainability Department (Citywide)
The requested increase is due to refuse, green, and recycle fee increases based on the agreement.
The Environmental Management and Sustainability Department and Purchasing recommend authorizing
- a contract amendment and a three-year renewal with Republic Services, dba Allied Waste Transportation, Inc.
- a contract amendment and one-year renewal with two years of renewal options with United Fibers, LLC; and
- a contract dollar-limit increase of $735,000 for the agreement (includes all vendors and covers all Solid Waste Disposal, Recyclable Material Processing, and Vegetative Waste Processing Services), to $8,985,000 annually, based on estimated usage.
*4-j
5 Take action on the following resolutions:
19-0994 Approving and authorizing the City Manager to enter into a Grant Agreement with the Arizona Governor’s Office of Highway Safety DUI Abatement Council to accept $50,000 in grant funds.
The funds will be used by the Police Department’s Traffic Division for overtime and employee related expenses to enhance DUI Enforcement throughout the City. (Citywide) *5-a
5 Take action on the following resolutions:
19-0994 Approving and authorizing the City Manager to enter into a Grant Agreement with the Arizona Governor’s Office of Highway Safety DUI Abatement Council to accept $50,000 in grant funds.
The funds will be used by the Police Department’s Traffic Division for overtime and employee related expenses to enhance DUI Enforcement throughout the City. (Citywide) *5-a
19-1023 Designating the Chief Fiscal Officer with the authority to annually submit the City's Expenditure Limitation Report to the Arizona Auditor General on behalf of the City Council, as required by state statute. (Citywide) *5-b
19-1029 Staff is requesting approval to continue negotiations to acquire certain undeveloped property located in the 1300 block of North Power Road (APN: 218-04-013B) of approximately 8.38 acres for the construction of the Northeast Public Safety Facility, and in order to avoid construction delays, authorization and direction to staff, that fee title, or other interests in and possession of this property be acquired by the City of Mesa through eminent domain, as a matter of public necessity.
(District 5) *5-c
Page 6 City of Mesa Printed on 9/12/2019
September 23, 2019City Council Meeting Agenda - Tentative
6 Introduction of the following ordinances and setting October 7, 2019 as the date of the public hearing on these ordinances:
19-0983 ZON18-00687 (District 5)
Within the 1600 through the 1800 blocks of North Higley Road (east side) and 5200 through the 5300 blocks of East McLellan Road (north side). Located south of McKellips Road on the east side of Higley Road
(21± acres).
Modification of an approved PAD and associated conditions of approval.
This request will allow amendment to the existing landscaping requirements. Villas at Alta Mesa Property Owner’s Association, applicant; Multiple Owners.
Staff Recommendation:
Approval with conditions
P&Z Board Recommendation: Approval with conditions (Vote: 5-0)
*6-a
19-0984 Amending Title 10 (Traffic), Chapter 1 (Bicycles and Skateboards), Sections 1 through 21 of the Mesa City Code, and adding new Sections 22 and 23 to the code. The changes include minor updates and revisions, removing obsolete items, and incorporating Shared Active Transportation Vehicles. (Citywide)
*6-b
7 Discuss, receive public comment, and take action on the following ordinances: 19-0950 ZON19-00322 (District 3) Within the 1600 through 1700 blocks of South Dobson Road (west side) and within the 2000 block of West Isabella Avenue (north side). Located west of Dobson Road south of US 60
(10± acres).
Rezone from LC-PAD to RM-4-PAD; and Site Plan Review.
This request will allow for the development of a multiple residence development.
Brennan Ray, Burch & Cracchiolo, PA, applicant;
TIC Dobson Ranch, LLC Etal, owner.
Staff Recommendation: Approval with conditions
P&Z Board Recommendation: Approval with conditions (Vote: 5-1)
*7-a
19-0951 ZON19-00357 (District 5)
Within the 8000 through 8100 blocks of East McKellips Road (south side). Located west of Hawes Road on the south side of McKellips Road
(40± acres).
Rezone from RS-35 to RS-15-PAD
Site Plan Review.
This request will allow for the development of a single-residence subdivision.
Alex Caraveo, Coe & Van Loo Consultants, applicant;
Desert Vista 100, LLC, owner.
Staff Recommendation: Approval with conditions
P&Z Board Recommendation: Approval with conditions (Vote: 5-1)
*7-b
Page 7 City of Mesa Printed on 9/12/2019
September 23, 2019City Council Meeting Agenda - Tentative
19-0952 ZON19-00403 (District 5)
Within the 5600 block of East Longbow Parkway (south side). Located north of McDowell Road and west of Recker Road (3.2± acres).
- A Council Use Permit (CUP) to allow a hotel use in the Airport Overflight Area-2 (AOA-2);
- A Bonus Intensity Zone Overlay (BIZ) to allow modifications to the Light Industrial (LI) development standards
- Site Plan Review.
Staff Recommendation: Approval with conditions
P&Z Board Recommendation: Approval with conditions (Vote: 6-0)
*7-c
Within the 6000 through 6300 blocks of South Power Road. Located south of Williams Field Road between the northbound and southbound lanes of Power Road
(11± acres).
Rezone from RM-4-BIZ and LC-BIZ-CUP to RM-4-PAD; and Site Plan Review.
This request will allow for a multiple residence development.
Sean Lake, Pew and Lake, PLC, applicant;
Power Road Gateway, LLC, owner.
Staff Recommendation: Approval with conditions
P&Z Board Recommendation: Approval with conditions (Vote: 6-0)
*7-d
Items not on the Consent Agenda
8 Items from citizens present. (Maximum of three speakers for three minutes per speaker). 9 Adjournment.¹
________________________________________________________________________________
19-1029 Staff is requesting approval to continue negotiations to acquire certain undeveloped property located in the 1300 block of North Power Road (APN: 218-04-013B) of approximately 8.38 acres for the construction of the Northeast Public Safety Facility, and in order to avoid construction delays, authorization and direction to staff, that fee title, or other interests in and possession of this property be acquired by the City of Mesa through eminent domain, as a matter of public necessity.
(District 5)
*5-c
________________________________________________________________________________
Page 6 City of Mesa Printed on 9/12/2019
September 23, 2019City Council Meeting Agenda - Tentative
6 Introduction of the following ordinances and setting October 7, 2019 as the date of the public hearing on these ordinances:
19-0983 ZON18-00687 (District 5)
Within the 1600 through the 1800 blocks of North Higley Road (east side) and 5200 through the 5300 blocks of East McLellan Road (north side). Located south of McKellips Road on the east side of Higley Road
(21± acres).
Modification of an approved PAD and associated conditions of approval.
This request will allow amendment to the existing landscaping requirements. Villas at Alta Mesa Property Owner’s Association, applicant; Multiple Owners.
Staff Recommendation:
Approval with conditions
P&Z Board Recommendation: Approval with conditions (Vote: 5-0)
*6-a
19-0984 Amending Title 10 (Traffic), Chapter 1 (Bicycles and Skateboards), Sections 1 through 21 of the Mesa City Code, and adding new Sections 22 and 23 to the code. The changes include minor updates and revisions, removing obsolete items, and incorporating Shared Active Transportation Vehicles. (Citywide)
*6-b
7 Discuss, receive public comment, and take action on the following ordinances:
19-0950 ZON19-00322 (District 3)
Within the 1600 through 1700 blocks of South Dobson Road (west side) and within the 2000 block of West Isabella Avenue (north side). Located west of Dobson Road south of US 60
(10± acres).
Rezone from LC-PAD to RM-4-PAD; and Site Plan Review.
This request will allow for the development of a multiple residence development.
Brennan Ray, Burch & Cracchiolo, PA, applicant;
TIC Dobson Ranch, LLC Etal, owner.
Staff Recommendation: Approval with conditions
P&Z Board Recommendation: Approval with conditions (Vote: 5-1)
*7-a
19-0951 ZON19-00357 (District 5)
Within the 8000 through 8100 blocks of East McKellips Road (south side). Located west of Hawes Road on the south side of McKellips Road
(40± acres).
Rezone from RS-35 to RS-15-PAD
Site Plan Review.
This request will allow for the development of a single-residence subdivision.
Alex Caraveo, Coe & Van Loo Consultants, applicant;
Desert Vista 100, LLC, owner.
Staff Recommendation: Approval with conditions
P&Z Board Recommendation: Approval with conditions (Vote: 5-1)
*7-b
Page 7 City of Mesa Printed on 9/12/2019
September 23, 2019City Council Meeting Agenda - Tentative
19-0952 ZON19-00403 (District 5)
Within the 5600 block of East Longbow Parkway (south side). Located north of McDowell Road and west of Recker Road
(3.2± acres).
- A Council Use Permit (CUP) to allow a hotel use in the Airport Overflight Area-2 (AOA-2);
- A Bonus Intensity Zone Overlay (BIZ) to allow modifications to the Light Industrial (LI) development standards
- Site Plan Review.
Staff Recommendation: Approval with conditions
P&Z Board Recommendation: Approval with conditions (Vote: 6-0)
*7-c
19-0949 ZON19-00304 (District 6)
_________________________________________________________________________
Within the 6000 through 6300 blocks of South Power Road. Located south of Williams Field Road between the northbound and southbound lanes of Power Road
(11± acres).
- Rezone from RM-4-BIZ and LC-BIZ-CUP to RM-4-PAD
- Site Plan Review.
This request will allow for a multiple residence development.
Sean Lake, Pew and Lake, PLC, applicant;
Power Road Gateway, LLC, owner.
Staff Recommendation: Approval with conditions
P&Z Board Recommendation: Approval with conditions (Vote: 6-0)
*7-d
Items not on the Consent Agenda
8 Items from citizens present. (Maximum of three speakers for three minutes per speaker).
9 Adjournment.¹
_________________________________________________________________________________________________________________________________________________________
