Sunday, February 18, 2018

Tentative Agenda: Mesa City Council Regular Meeting 26 Feb 2018


ASK FOR DETAILS BEFORE THIS MEETING
It's another BIG Agenda - there's enough time ahead of this to take a close look at some of the details:
1. File #18-0143
2. File#18-0235
Approving and authorizing the City Manager to enter into an Intergovernmental Agreement with the Arizona Board of Regents for, and on behalf of, Arizona State University for the development, operation, and maintenance of educational facilities in downtown Mesa. (Citywide)


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PLEASE NOTE: NO
File #:                                
18-0235   
Type: Resolution Status: Agenda Ready
In control: City Council
On agenda: 2/26/2018
Title: Approving and authorizing the City Manager to enter into an Intergovernmental Agreement with the Arizona Board of Regents for, and on behalf of, Arizona State University for the development, operation, and maintenance of educational facilities in downtown Mesa. (Citywide)
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File #: 18-0143   
Type: Resolution Status: Agenda Ready
In control: City Council
On agenda: 2/26/2018
Title:                                 
Attachments: 1. Council Report, 2. Exhibit A - Pepper Place Lot, 3. Resolution, 4. MOU
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COUNCIL REPORT (3 pages) City Council 
Date:  February 26, 2018  
To:  City Council
Through: Christopher J. Brady, City Manager
From: 
Jeff McVay, Office of Downtown Transformation Manager
Sara Sorensen, Economic Development Project Manager

Subject: Consider the proposed Memorandum of Understanding for a mixed-use development near Pepper Place and North Robson. 

Resolution authorizing the City Manager to enter into a Memorandum of Understanding between the City of Mesa and R^3 MESA, LLC.  
District 4 

Purpose and Recommendation 
Consider the proposed Memorandum of Understanding (MOU) for the city-owned surface parking lot located near the southeast corner of Pepper Pl and N Robson (the “Pepper Place Lot”).   
Staff recommends that the City Council approve the following document: Resolution authorizing the City Manager to enter into the MOU between City of Mesa and R^3 MESA, LLC.   

Background 
The City was approached by R^3 MESA, LLC, a private development company, with a unique proposal for a mixed-use development on the City-owned Pepper Place surface parking lot located south of Pepper Pl and east of Robson (see attached Exhibit A).
The Pepper Pl parking lot is nearly one acre (38,629 square feet) and consists of 76 public parking spaces. These parking spaces are primarily used as hourly parking for Downtown Mesa customers and visitors.  

Discussion 
Summarized below, the MOU establishes the primary deal points for further development and lease/purchase agreement negotiations.  

Developer Obligations
In conjunction with further negotiations,
  • provide a business plan that details the development pro forma (acquisition, development, and operating costs;
  • gross and net operating revenues; and operation and maintenance costs),
  • projected commercial and residential lease rates, market analysis, and demonstrated tenant interest. 
  • The developer may seek abatement of property taxes through the Government Property Lease Excise Tax (GPLET) Program.
  • The business plan must detail the City’s proposed role and how the inclusion of GPLET impacts the project’s pro forma. 
In conjunction with further negotiations, provide City Manager with sufficient evidence of financial capacity and investor commitments to successful execute and complete the project.

Minimum development improvements include:
> A minimum 70 market rate/luxury highly sustainable apartments which may include: hybrid car sharing program, a natural pool, water catchment system for landscape irrigation, and a micro and macro energy use display.
> A minimum 5,000 square feet commercial space.
> Construction of a multi-story, structured parking garage that includes a minimum of 76 public parking spaces at no cost to the City, and construction additional structured public parking spaces at the City’s request and expense. 
 
Developer will enter into either
  • A ground lease with an option to purchase. 
The ground lease will be a long-term lease in which developer will pay a reduced rental amount for the first 15 years.
After 15 years, developer will pay a market rate rental amount for remainder of lease term. There may also be an option to purchase the property at fair market value. This option is not subject to GPLET
 
OR
  • A real estate option purchase agreement with the City.
Purchase Price will be current appraised value, which may be adjusted in consideration of the benefits the City will receive (operations and maintenance of City parking spaces, conversion of surface parking to covered structured parking, and a permanent easement for City Parking). This option may include GPLET. 

The Developer will have control of the site either upon the lease effective date or upon closing under the real estate purchase agreement, as applicable. 

Developer is solely responsible for the customary operation and maintenance of City Parking spaces and shared drive aisles for 15 years.
After 15 years, the City is responsible for operations and maintenance of City Parking spaces.  
Developer is solely responsible for the structural and capital repair/replacements of the Project in perpetuity.
  
City Obligations 
City will enter into either a ground lease with an option to purchase or a real estate purchase agreement.   
City will support qualification of the project for property tax abatement through GPLET.
If project elects to enter a GPLET agreement, City will engage an independent third party to complete an economic benefit analysis.  

The City Parking will remain open for public use and/or permit parking.

City will enter into a Development Agreement for the Project, which may include provisions whereby the City will reimburse developer for construction of public infrastructure improvements, subject to a cap and other restrictions.

City will provide impact fee offsets, consistent with City Code, for previous development on the property. 

Project entitlement (zoning, design review, permitting) will follow a customized review schedule, which will be overseen by a Development Services Department Project Manager assigned to the project.  
The City will initiate a rezoning case consistent with the provisions of the adopted Form-Based Code, if needed.
   
Other Deal Points 
Developer is provided rights to redevelop parking within the new structured parking garage to commercial/residential use, as demand for parking decreases, provided the minimum number of City spaces are maintained. 
The City Parking Spaces in garage will be subject to the exclusive control of the City.
City will retain all revenue generated from City Parking spaces. 
City is not obligated to provide any type of security for the garage. 
Developer will use all City utilities (Electric, Gas, Sewer, Water, Solid Waste). 
 
MOU expires December 31, 2018.  
Coordinated With 
The Office of Downtown Transformation has worked very closely with the Office of Economic Development and the City Attorney’s Office.   _________________________________________________________________________________
Meeting Name: City Council Agenda status: Tentative
Meeting date/time: 2/26/2018 5:45 PM Minutes status: Draft  
Meeting location: Council Chambers - Upper Level
Published agenda: Agenda Agenda Published minutes: Not available  
Meeting video:  
Attachments:
File #Agenda #TypeTitleActionResultAction Details
18-0192 3-aLiquor License ApplicationChrist the King Roman Catholic Parish Mesa This is a one-day event to be held on Saturday, March 3, 2018 from 6:00 P.M. to 12:00 A.M., at Christ the King Roman Catholic Parish Mesa, 1551 East Dana Avenue. (District 4)  Not available
18-0193 3-bLiquor License ApplicationUltimate Imaginations This is a one-day event to be held on Saturday, March 10, 2018 from 1:00 P.M. to 7:00 P.M. on the downtown City of Mesa streets, on Main Street, from Macdonald to 1st Avenue. (District 4)  Not available
18-0194 4-aBingo License ApplicationMcGavin Ranch Activities Earleen Winters, applicant, 8840 East Sunland Avenue. (District 5)  Not available
18-0206 5-aContractSix-Month Extension to the Term Contract for Citywide Temporary Agency Worker Services for the Human Resources Department (Citywide) The extension will allow staff time to compile information and re-solicit this contract, due to Proposition 206. The City will also be re-writing the requirements, updating job descriptions/requirements, and job classifications. The Human Resources Department and Purchasing recommend extending the contract through September 30, 2018 with AllStaff Services Inc.; Creative Human Resources Concepts LLC (a Mesa business); and GCA Services Group; cumulatively not to exceed $2,960,000, based on estimated usage.  Not available
18-0202 5-bContractOne-Year Renewal to the Term Contract for Office Supplies and Products for Citywide Departments and the Strategic Alliance for Volume Expenditures Cooperative Members as requested by the Business Services Department (Citywide) This contract provides desktop delivery of office supplies and products on an as-needed basis to City departments, Arizona cities, towns, school districts and other members of the Strategic Alliance for Volume Expenditures purchasing cooperative. Approximately 80 agencies currently participate, and the overall spend under the contract is approximately $5,500,000 annually. The Business Services Department and Purchasing recommend authorizing the renewal with WIST Office Products at $650,000 (Mesa Spend), based on estimated usage.  Not available
18-0204 5-cContractThree-Year Term Contract for Print Shop Paper for the Business Services Department (Citywide) This contract will provide papers used by the City’s Print Shop and other City departments through the Materials and Supply Warehouse. The Business Services Department and Purchasing recommend awarding the contract to the lowest, responsive and responsible bidder, Spicers Paper, Inc., at $80,500 annually, based on estimated usage.  Not available
18-0188 5-dContractOne-Year Term Contract for Automated Driveway Gate Operators and ADA Doors Preventative Maintenance and Repair Services for the Parks, Recreation and Community Facilities Department (Citywide) This contract will provide a qualified vendor to do quarterly maintenance on the City’s automated driveway entrance/exit gate operators and annual maintenance on motorized ADA accessible pedestrian doors. The evaluation committee recommends awarding the contract to the highest-scored and lowest-bid proposal from DH Pace Company, LLC, at $97,415 annually, based on estimated usage.  Not available
18-0210 5-eContractOne-Year Renewal to the Term Contract for Urban Lake Maintenance for the Parks, Recreation and Community Facilities Department (Citywide) The City currently maintains and operates two urban fishery lakes and four community lakes. This contract provides urban lake maintenance for Riverview Park Lake, Red Mountain Lake, Dobson Ranch Lake, Carriage Lane Lake, Greenfield Park Lake and Eastmark Park Lake. The contractor is responsible for lake maintenance, water testing and analysis, mechanical equipment maintenance, fish management and chemical treatment of these lakes. The Parks, Recreation and Community Facilities Department and Purchasing recommend authorizing the renewal contract with Aquatic Consulting & Testing, Inc., at $34,601.50, based on estimated usage.  Not available
18-0184 5-fContractPurchase of One Replacement Gas Ceramic Kiln for the Arts and Culture Department (Sole Source) (Citywide) This purchase will provide a kiln for the Mesa Arts Center (MAC) to replace an existing kiln that is at the end of service life for the MAC’s largest program, ceramics. It will be used to fire artwork from all ceramics and glaze classes. Also, because this kiln can fire at various temperature ranges in a fraction of the time and resources compared to other kilns, it can be fired more often, in more diverse ways, consuming less resources at a lesser expense. The Arts and Culture Department and Purchasing recommend awarding the contract to the sole source vendor, Bailey Pottery Equipment Corp. and Ceramic Supply, at $26,281.03. This purchase is funded by the Mesa Arts Center Restoration Fund.  Not available
18-0231 5-gContractReplacement/Upgrade Purchase of a Wireless Microphone System for the Arts and Culture Department (Citywide) This purchase will provide a wireless microphone system including 16 wireless microphones and bodypacks. The existing system is being upgraded due to the new FCC requirement that all users vacate the 600mhz spectrum. Pricing includes a $7,000 rebate for turning in the existing system. The Arts and Culture Department and Purchasing recommend awarding the contract to the lowest, responsible and responsive bidder, Westlake Pro, Inc., at $31,143.55. This purchase is funded by the Mesa Arts Center Restoration Fund.  Not available
18-0185 5-hContractPurchase of Eight Replacement Ceiling Acoustic Curtains for the Arts and Culture Department (Citywide) The contract will provide a qualified and experienced contractor to fabricate, deliver and install ceiling variable acoustic curtains for the Mesa Arts Center, Ikeda Theater. This project will replace eight sets of curtains that are past cycle replacement, which are used to change the acoustics of the room. The Arts and Culture Department and Purchasing recommend awarding the contract to the lowest, responsive and responsible bidder, iWeiss, Inc., at $32,769.64, based on estimated usage. This purchase is funded by the Mesa Arts Center Restoration Fee.  Not available
18-0205 5-iContractReplacement/Upgrade Purchase of Storage Infrastructure Components for the Information Technology Department (Citywide) These purchases are part of the City’s Lifecycle Management Program to replace aging hardware and software that has reached the end of its supportable life. These purchases will provide a highly available storage and backup platform that provides improved performance, lower operating costs, using less space and power, while providing a backup platform that safeguards critical data and applications. The Information Technology Department and Purchasing recommend authorizing the purchase using the State of Arizona and Maricopa County cooperative contracts with the lowest-quoted vendor, iT1 Source, for $333,685.71. This purchase is funded by the Lifecycle Management Program budget.  Not available
18-0211 5-jContractPurchase of Eight Additional Mobile Two-Way Radios, Accessories and Related Equipment for the Fire and Medical Department (Citywide) This purchase will provide eight additional mobile radios, along with accessories and other related equipment required for mounting mobile radios in emergency response apparatus. The Fire and Medical Department currently uses the Motorola APX series of portable and mobile two-way digital radios as the standard for firefighters, paramedics and apparatus. The Fire and Medical Department and Purchasing recommend authorizing the purchase using the State of Arizona cooperative contract with Motorola Solutions, Inc., at $39,778.01. This purchase is funded by the Capital - General Fund.  Not available
18-0195 5-kContractOne-Year Term Contract for Firewall Replacement Services and Parts for the Police Department (Citywide) The Police Department’s Information Technology Division is requesting a contract for services and parts to support their Firewall Replacement Project. Hye Tech Network and Security Solutions started an evaluation of this project in May 2017 and has provided a statement of work for a logically phased implementation plan. The Police Department and Purchasing recommend authorizing the purchase using the 1Government Procurement Alliance cooperative contract with Hye Tech Network and Security Solutions, LLC, at $75,000 annually, based on estimated usage.  Not available
18-0201 5-lContractPurchase of a Liquid Chromatograph Time-of-Flight Mass Spectrometer (Addition) for the Police Department (Sole Source) (Citywide) The Forensic Services Division is requesting this equipment to enable the Crime Laboratory to effectively screen and test both blood and urine drug samples on criminal cases. This instrument will allow the lab to screen for over 800 known impairing drugs, including new substances such as spice, bath salts and new opioid designer drugs. Currently these are sent to the Arizona Department of Public Safety or National Medical Services Laboratory. The Police Department and Purchasing recommend awarding the contract to the sole source vendor, Agilent Technologies, at $284,998.06. This purchase is funded by the Governor's Office of Highway Safety Grant and by the Police Department operating budget.  Not available
18-0203 5-mContractOne-Year Renewal to the Term Contract for Phlebotomy Services for the Police Department (Citywide) The contract provides phlebotomy services as required by the Police Department. Technicians draw blood samples from suspected impaired motor vehicle operators or persons involved in other criminal investigations. Additional services such as urine sampling and exposure draw and delivery of samples to a laboratory for testing may be provided. The Police Department and Purchasing recommend authorizing the renewal with Desert Testing Services, LLC (a Mesa business), at $135,000, based on estimated requirements.  Not available
18-0198 5-nContractPurchase of a Digital Imaging System for Shoe/Tire Impression Evidence for the Police Department (Sole Source) (Citywide) The Police Department has an investigative need for the re-establishment of a footwear/tire comparative sub-discipline, due to the number of crimes and the amount of footwear/tire impression evidence being collected at crime scenes, as well as the "real-time" status of several disciplines. The instrument will streamline the preservation of gel lifted impression evidence, reduce the number of photographs being stored, save time in both the collecting and processing of evidence, and produce higher quality comparative images for timely analyses. The Police Department and Purchasing recommend awarding the contract to the sole source vendor, BVDA America, Inc., at $74,324.45. This purchase is funded by Crime Lab Assessment Funds and the Police Department operating budget.  Not available
18-0189 5-oContractOne-Year Renewal to the Term Contract for Automotive Lighting, Mirrors and Safety Supplies for the Fleet Services Department (Citywide) This contract provides trailer parts, automotive and truck lighting parts, mirrors and safety supplies for the City’s diverse fleet of passenger cars, patrol sedans, pickups and utility vans, plus an assortment of small engine equipment. The Fleet Services Department and Purchasing recommend authorizing the renewal with The WW Williams Company, LLC (formerly Auto Safety House LLC); CLF Warehouse, Inc.; RWC International Ltd.; FleetPride (a Mesa business); and Parts Authority LLC; cumulatively not to exceed $130,000 annually, based on estimated usage.  Not available
18-0196 5-pContractThirty-Three Month Term Contract for Gas Service Regulators for the Materials and Supply Warehouse (for the Energy Resources Department) (Citywide) This contract will provide gas service regulators for new construction projects and maintenance and repair of existing facilities in the City’s natural gas distribution system. The contract establishes a list of pre-approved vendors who will respond with quotes to increase pricing competition. This award will add two additional vendors to one awarded previously. The Business Services and Energy Resources Departments, and Purchasing recommend awarding the contract to the qualified vendors: Border States, and Elster American Meter Company, LLC; cumulatively not to exceed $86,100 annually, based on estimated usage.  Not available
18-0197 5-qContractOne-Year Renewal to the Term Contract for Illuminated Street Name Signs and Maintenance Services for the Transportation Department (Citywide) This contract provides maintenance and repair of illuminated street name signs mounted on traffic signal poles, sign face replacement, retrofit of existing illuminated street name signs with LED light sources, fabrication and installation of new LED illuminated street name signs, and removal of existing illuminated street name signs, as-needed. The Transportation Department and Purchasing recommend authorizing the renewal with Fluoresco Services LLC, at $150,000, based on estimated usage. This purchase is funded in the Local Streets Sales Tax Fund and the Transportation Department operating budget.  Not available
18-0207 5-rContractOne-Year Renewal to the Term Contract for Traffic Signal Control Cabinets for the Materials and Supply Warehouse (for the Transportation Department) (Citywide) This contract provides traffic signal cabinets to maintain and replace existing equipment in the field, as well as supply new cabinets for traffic signals constructed by the Transportation Department. The Business Services and Transportation Departments, and Purchasing recommend authorizing the renewal with Sierra Transportation & Technologies, LLC; and Econolite; cumulatively not to exceed $280,000 annually, based on estimated usage.  Not available
18-0187 5-sContractOne-Year Renewal to the Term Contract for Asphalt Materials for the Transportation, Energy Resources and Water Resources Departments (Citywide) This contract will provide hot mix asphalt for the repair of City streets for use by the Transportation Department and cold mix asphalt for temporary repairs for use by the Energy and Water Resources Departments. The Transportation, Energy Resources and Water Resources Departments, and Purchasing recommend authorizing the renewal contract with Vulcan Materials Co.; and Fisher Sand and Gravel Co., dba Southwest Asphalt; cumulatively not to exceed $789,000, based on estimated usage.  Not available
18-0190 5-tContractThree-Year Term Contract for Concrete Tools and Accessories for the Transportation Department (Citywide) The materials acquired through this contract will be used to support maintenance activities performed daily by Transportation Field Operations staff. The Transportation Department and Purchasing recommend awarding the contract to the lowest, responsive and responsible bidders, Border Construction Specialties; and Construction Tool & Supply; cumulatively not to exceed $53,200 annually, based on estimated usage. This purchase is funded by the Local Streets Sales Tax Fund.  Not available
18-0186 5-uContractOne-Year Renewal to the Term Contract for Advanced Traffic Controllers for the Transportation Department (Citywide) This contract provides Linux-based Advanced Traffic Controllers, a newer controller standard that will replace the current standard the City had been using for over 20 years, and controller firmware that runs on the controllers that has advanced light rail transit features absent in other software options. This equipment has been deployed at signalized-intersections in the light rail corridor to take advantage of the advanced features and will likely expand to other signalized locations throughout the City. The Transportation Department and Purchasing recommend authorizing the renewal contract with Clark Electric Sales, Inc., dba Clark Transportation Solutions; and Advanced Traffic Solutions, LLC, dba Fourth Dimension Traffic; cumulatively not to exceed $120,000, based on estimated usage.  Not available
18-0208 5-vContractThree-Year Term Contract for Tree Maintenance and Assessment Services for the Transportation Department (Citywide) This contract will provide tree pruning and general maintenance for numerous trees within the public right-of-way and around City assets, such as streetlight fixtures and signs. Trees maintained within the City's right-of-way and private property require ongoing, and often specialized, care and maintenance needs, which requires crews and equipment to conduct work along City streets. The Transportation Department and Purchasing recommend awarding the contract to the lowest, responsive and responsible bidder, West Coast Arborists, Inc., at $341,310 annually, based on estimated usage. This purchase is funded by the Highway User Revenue Fund.  Not available
18-0200 5-wContractThree-Year Term Contract for Hach Bench Service and Replacement Equipment and Supplies for the Water Resources Department (Sole Source) (Citywide) This contract will provide for purchases of bench service agreements, replacement equipment, and supplies from Hach Company. Hach equipment is used throughout the City’s water treatment plants, water reclamation plants and wastewater collections. The Water Resources Department and Purchasing recommend awarding the contract to the sole source vendor, Hach Company; Year 1, at $250,000; Year 2, at $150,000; and Year 3, at $160,000; based on estimated usage.  Not available
18-0126 5-xContractDollar-Limit Increase to the Term Contract for Deep Well and Well Pump Maintenance and Repair Services for the Water Resources Department (Citywide) Water Resources has requested the increase to support aging wells covering critical well work. Performing scheduled well maintenance and inspections on a 6-year cycle will provide the City with the necessary information needed to determine when the well will be coming to the end of its life. Funding and replacement can then be planned. The Water Resources Department and Purchasing recommend the dollar-limit increase with Weber Water Resources, LLC; and Southwest Waterworks Contractors Inc.; by $200,000, from $280,000 to $480,000 annually, based on estimated usage.  Not available
18-0191 5-yContractOne-Year Term Contract for Electrical Supplies for Process Controls and SCADA for the Water Resources Department (Citywide) This contract will provide for large electrical items such as Schneider, Square D, Modicon, Wiremold, and many others, for use in the water treatment plants, reclamation plants, and other system assets. The Water Resources, and Parks, Recreation and Community Facilities Departments, and Purchasing recommend authorizing the purchase using the City of Tempe cooperative contract with: Border States Industries, Inc.; Capital Electric Supply; Summit Electric Supply; and WESCO Distribution; at $240,000 annually, based on estimated usage.  Not available
18-0209 5-zContractDollar-Limit Increase to the Term Contract for Ultraviolet Wastewater Disinfection Parts for the Water Resources Department (Citywide) This contract provides quality lamps, ballasts, wiper assemblies and lamp sleeve assemblies that fit and operate in the Trojan Technologies disinfection system. Water Resources has requested an increase for Year 2 (current contract term) and Year 3. The increase is needed to cover proactive maintenance on the system. The Water Resources Department and Purchasing recommend increasing the dollar limit with UV Inc.; and DC Frost and Associates, Inc.; Year 2 by $75,000, from $115,000 to $190,000; and Year 3 by $100,000, from $90,000 to $190,000; based on estimated usage.  Not available
18-0234 6-aResolutionGranting a modification, as allowed under section 24(B) of the Terms and Conditions for the Sale of Utilities, deferring the extension of the sewer main line and connection to the City sewer system as required by Section 3 of the Terms and Conditions for the property located at 1849 South Recker Road. (District 2)  Not available
18-0143 6-bResolutionApproving and authorizing the City Manager to enter into a Memorandum of Understanding with R^3 MESA, LLC, for a mixed-use development of approximately 1.0 acre of City-owned property located near the southeast corner of West Pepper Place and North Robson (the Pepper Place parking lot). (District 4)  Not available
18-0235 6-cResolutionApproving and authorizing the City Manager to enter into an Intergovernmental Agreement with the Arizona Board of Regents for, and on behalf of, Arizona State University for the development, operation, and maintenance of educational facilities in downtown Mesa. (Citywide)  Not available
18-0149 6-dResolutionApproving and authorizing the City Manager to enter into an Agreement Regarding Treated Water with Apache Junction Water Utilities Community Facilities District (AJWD) for the treatment of (limited amounts) of raw water. Mesa will receive revenue of approximately $9,200 annually from AJWD for the treated water. (Citywide).  Not available
18-0157 6-eResolutionApproving and authorizing the City Manager to enter into the Intergovernmental Agreement for Communications Systems Strategic Alliance as the Administrative Manager on behalf of the TOPAZ Regional Wireless Cooperative (TRWC). This IGA will increase the operational and interoperable capabilities of the two adjacent public safety radio networks (the (Phoenix) Regional Wireless Cooperative (RWC) and the TRWC) in response to user demands. (Citywide)  Not available
18-0179 6-fResolutionApproving and authorizing the City Manager to enter into a SubGrant Award Agreement with the Arizona Department of Public Safety to accept $1,265,315 in grant funds from the Victims of Crime Act, Victim Assistance Grant Program, from October 2017 to September 2020. A City match of $316,329 is required, plus additional anticipated project salary costs of $244,789, for a total City obligation of $561,118. The grant funds will be used for personnel costs and operating expenses at the Police Department’s Mesa Family Advocacy Center. (Citywide)  Not available
18-0183 6-gResolutionExtinguish a drainage easement located at 2836 South Signal Butte Road. (District 6) The property owner has requested the City extinguish the existing drainage easement to accommodate the proposed development of New Traditional Academy School.  Not available
18-0232 7-aResolutionA resolution approving and authorizing the City Manager to enter into a Development Agreement with Roger D. Overson to facilitate the development of an RV dealership and storage facility on property zoned General Commercial, Planned Area Development (GC-PAD) located at 8800 to 8900 blocks of East Main Street. (District 5)  Not available
18-0099 7-bOrdinanceZON17-00323 (District 5) Ordinance. The 8800 to 8900 blocks of East Main Street (south side). Located west of Red Mountain Freeway on the south side of Main Street (16.4± acres). Rezoning from RS-43 and GC to GC-PAD; and Site Plan Review. This request will allow for the development of an RV dealership and storage facility. Jeff Welker, Welker Development Resources, applicant; Roger D. Overson, owner. Staff Recommendation: Approval with conditions P&Z Board Recommendation: Approval with conditions (Vote: 6-0)  Not available
18-0164 8-aSubdivision Plat“Tavera” (District 6) The 8500 - 8800 blocks of East Guadalupe Road (north side). Located on the north side of Guadalupe Road west of the 202 San Tan Freeway. 93 RS-6-PAD single residence lots (16.6 ± acres). Mattamy Arizona, LLC, developer; Tony P. Elley, Sunrise Engineering, surveyor.  Not available
18-0165 8-bSubdivision Plat“Tavera South” (District 6) The 8500 block of East Guadalupe Road (south side). Located on the south side of Guadalupe Road east of Hawes Road. 68 RSL-3.0-PAD single residence lots (10.16 ± acres). Mattamy Arizona, LLC, developer; Tony P. Elley, Sunrise Engineering, surveyor.  Not available
18-0166 8-cSubdivision Plat“Southern & Stapley” (District 4) The 1100 block of South Stapley Drive (east side), and the 1200 block of East Southern Avenue (north side). Located north and east of the northeast corner of Stapley Drive and Southern Avenue. 3 LC commercial lots (2.9 ± acres). Stapley and Southern Partners, LLC, developer; Michael J. Thomson, Helix Engineering, LLC, surveyor.  Not available
18-0167 8-dSubdivision Plat“Eastmark Development Unit 6 - Infrastructure for Commercial Parcels” (District 6) The 3600 - 4000 blocks of South Everton Terrace. Located south and east of Elliot and Ellsworth Roads (6.9 ± acres). DMB Mesa Proving Grounds, LLC, developer; Nicholas W. Jarrett, Sunrise Engineering, surveyor.  Not available
18-0168 8-eSubdivision Plat“Eastmark Development Unit 5/6 South Parcels 6-16 and 6-18 to 6-23” (District 6) The 3900 - 4400 blocks of South Eastmark Parkway (east side), and the 3900 - 4200 blocks of South Everton Terrace (west side). Located south and east of Elliot and Ellsworth Roads. 405 PCD single residence lots (107.8 ± acres). DMB Mesa Proving Grounds, LLC., developer; Kenneth P. Converse, Hoskin Ryan Consultants, Inc., surveyor.  Not available
18-0169 8-fSubdivision Plat“Map of Dedication for East Point Twenty-Two Boulevard & South Ellsworth Road” (District 6) The 3600 - 4400 blocks of South Ellsworth Road. The 4900 -5000 blocks of South Ellsworth Road. The 9200 - 9600 blocks of East Point Twenty-Two Boulevard (5.46 ± acres). DMB Mesa Proving Grounds, LLC, developer; Gabriel S. Rios, Wood/Patel, surveyor.  Not available
18-0170 8-gSubdivision Plat“Eastmark Development Unit DU 3/4 - Parcel 4” (District 6) The 9800 - 10,000 blocks of East Ray Road (north side). Located east of the northeast corner of Ellsworth and Ray Roads. 132 PCD attached single residence lots (11.27 ± acres). BB Mesa Gateway, LLC., developer; Douglas B. Toney, Bowman Consulting, surveyor.  Not available
18-0181 9-aPublic HearingPublic hearing for the release of the petition for signatures for the following annexation case ANX17-00253, located south of Williams Field Road and west of Signal Butte Road (27.12± acres). Initiated by Valerie Claussen, Pew and Lake, PLC. (District 6)  Not available
18-0178 10-aOrdinanceZON17-00320 (District 5) The 5800 through 5900 blocks of East Thomas Road (south side), and the 3400 through 3500 blocks of North Recker Road (west side). Located at the southwest corner of Recker and Thomas Roads (27± acres). Rezoning from RS-90 to RSL-4.5-PAD; and Site Plan Review. This request will allow for the development of a single-residence subdivision. Sean Lake, Pew & Lake, PLC, applicant; DTD-DEVCO 13, LLC, owner. Staff Recommendation: Denial P&Z Board Recommendation: Approval with conditions (Vote: 5-2)  Not available

TENTATIVE AGENDA: Planning & Zoning Board Meeting Wed 21 Feb 2018

___________________________________________________________________________________

Meeting Name: Planning and Zoning Board - Public Hearing Agenda status: Tentative
Meeting date/time: 2/21/2018 4:00 PM Minutes status: Draft  
Meeting location: Council Chambers - Upper Level
Published agenda: Agenda Agenda Published minutes: Not available  
Meeting video:  
Attachments:

_________________________________________________________________________________
Meeting video:  
Attachments:

File # Agenda #TypeTitleActionResultAction Details
PZ 17134 4-bPZ Zoning - Discuss and RecommendZON17-00335 District 5. The 1300 to 1400 blocks of North Power Road (east side). Located on the east side of Power Road and the north side and south side of Halifax Drive. (2.3± acres). Rezoning from OC to ID-1; and Site Plan Review. This request will allow for the development of a mini-storage facility. Sean Lake, Pew and Lake, PLC, applicant; David Darling, LLC, owner. (Continued from January 17, 2018) Planner: Kim Steadman Staff Recommendation: Continuance to March 21, 2018  Not available
PZ 17143 4-aPZ Zoning - Discuss and RecommendZON17-00324 District 2. The 1800 block of South Recker Road (east side). Located north of Baseline Road on the east side of Recker Road. (3.80± acres). Rezoning from AG to RS-43-BIZ; and Site Plan Review. This request will allow the land to be divided for the development of detached single residence housing. Shane Urry, applicant; Lynn M. Urry, Scott W. Urry and Peggy A. Urry, owners. (Continued from January 17, 2018) Planner: Veronica Gonzalez Staff Recommendation: Continuance to March 21, 2018  Not available
PZ 18007 3-aPZ Zoning - ActionZON17-00501 District 5 5900 block of East McKellips Road (north side) and the 2000 block of North Recker Road (west side). Located on the northwest corner of McKellips Road and Recker Road. (0.8± acres). Site Plan Review and Special Use Permit. This request will allow the development of a car wash in the LC zoning district. Michael Clark, Identity Mutual, LLC, applicant; TCF National Bank, owner. Planner: Cassidy Welch Staff Recommendation: Tabled  Not available
PZ 18008 3-bPZ Zoning - ActionZON17-00509 District 5 The 5600 block of East McDowell Road (north side). Located west of Recker Road on the north side of McDowell Road. (4.1± acres). Site Plan Review. This request will allow for the development of a mini-storage and outdoor RV storage in the LI zoning district. Phil Gollon, ARC Services, Inc., applicant; Rentzel Properties, LLC, owner. Planner: Lisa Davis Staff Recommendation: Approval with conditions  Not available
PZ 18009 4-cPZ Zoning - Discuss and RecommendZON17-00478 District 5 The 9100 block of East University Drive (south side) and the 100 to 300 blocks of North Ellsworth Road (west side). Located on the west side of Ellsworth Road south of University Drive. (16.7± acres). Rezoning 13± acres from RM-4 to RM-4-PAD; and Site Plan Review. This request will allow for a multi-residence development. Andy Jochums, Beus Gilbert, applicant; Valencia Heights, LLC, owner. Planner: Wahid Alam Staff Recommendation: Approval with conditions  Not available
PZ 18010 4-dPZ Zoning - Discuss and RecommendZON17-00507 District 5 The 1200 block of North Ellsworth Road (west side) and the 9100 block of East Glencove Avenue (south side). Located north of Brown Road on the west side of Ellsworth Road. (1.8± acres). Site Plan Modification. This request will allow for the development of an enclosed RV storage facility in the LC zoning district. Philip Gollon, ARC Services, Inc., applicant; Rentzel Properties, LLC, owner. Planner: Cassidy Welch Staff Recommendation: Continuance to March 21, 2018  Not available
PZ 18011 4-ePZ Zoning - Discuss and RecommendZON17-00519 District 5 The 7100 block of East Main Street (north side) and the 0 to 100 block of North Sunvalley Boulevard (west side). Located east of Power Road on the north side of Main Street. (7.6± acres). Rezoning from LC and LC-BIZ to RM-4-PAD; and Site Plan Review. This request will allow for the development of an attached single residence subdivision. Greg Loper, applicant; Bottomline Investments, LTD, owner. (Companion Case to Preliminary Plat “Sunvalley Village“, associated with item *5-a) Planner: Wahid Alam Staff Recommendation: Approval with conditions  Not available
PZ 18012 4-fPZ Zoning - Discuss and RecommendZON17-00581 District 2 The 4700 through 4800 blocks of East Baseline Road (north side). Located east of Greenfield Road on the north side of Baseline Road. (21.8± acres). PAD Modification. This request will allow for modifications to an approved PAD for a multi-residence development in the RM-3-PAD zoning district. Stephen C. Earl, Curley & Legarde, applicant; Baseline Gateway Apartments, LLC, owner. Planner: Kim Steadman Staff Recommendation: Approval with conditions  Not available
PZ 18013 5-aPZ Preliminary Plat“Sunvalley Village“ District 5 The 7100 block of East Main Street (north side) and the 0 block of North Sunvalley Boulevard (west side). Located on the northwest corner of Main Street and Sunvalley Boulevard. (7.6± acres). Preliminary Plat. Greg Loper, applicant; Bottomline Investments, LTD, owner. (Companion Case to ZON17-00519, associated with item *4-e). Planner: Wahid Alam Staff Recommendation: Approval with conditions  Not available
PZ 18014 6-aPZ City CodeOrdinance amending the Mesa City Code, Title 11, Mesa Zoning Ordinance, Chapters 21, 22, 66, 67, 69, 71 and 77. The intent of the amendments include clarifications and technical updates to reduce the need for Zoning Administrator Interpretations. The amendments are to make the Zoning Ordinance requirements clear for request of a modification to approved plans; clarification of expiration of approvals including addition of expiration time of 2 years for a Design Review approval; and request for appeal. (Citywide) Planner: Lisa Davis Staff Recommendation: Continuance to March 21, 2018  Not available
PZ 18015 6-bPZ City CodeProposed amendments to Section 11-31-34 of the Mesa Zoning Ordinance pertaining to the establishment and operation of Medical Marijuana Facilities. Planner: John Wesley Staff Recommendation: Approval  Not available
PZ 18017 2-aPZ MinutesMinutes from the January 16, 2018 and January 17, 2018 study sessions and regular hearing.  Not available
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Audit, Finance & Enterprise Committee Meeting 21 Feb 2018

Final Agenda
21 Feb 2018 8:00 AM
Council Chambers - Lower Level


Among others, West Mesa CDC gets examined




________________________________________________________________________________
File #: 18-0237   
Type: Presentation Status: Agenda Ready
In control: Audit, Finance and Enterprise Committee
On agenda: 2/21/2018
Title: Hear a presentation and discuss the following audits:                                 
Attachments: 1. Presentation,
2. Cash Funds Annual Report,
3. MAC Contract Monitoring Audit Report,
4. CSD Contract Monitoring Audit Report,
5. Communications Follow-up Review,
6. Water Resources Follow-up Review,
7. Facilities Maintenance Contract Monitoring
 
 

Medical Marijuana Facilities: Proposed Amendments to Zoning Ordinance

Planning and Zoning Board Report      
DATE:  February 21, 2018

TO:  Planning and Zoning Board
FROM: John Wesley, Planning Director 
SUBJECT: Medical Marijuana Facilities – Proposed amendments to the Zoning Ordinance
________________________________________________________________________
File #: PZ 18015   
Type: PZ City Code Status: Agenda Ready
In control: Planning and Zoning Board - Public Hearing
On agenda: 2/21/2018
Title: Proposed amendments to Section 11-31-34 of the Mesa Zoning Ordinance pertaining to the establishment and operation of Medical Marijuana Facilities. Planner: John Wesley Staff Recommendation: Approval
Attachments: 1. Staff Report, 2. Medical Marijuana 11-31-34 Text Amendment Ordinance.pdf
_________________________________________________________________________________

   
PURPOSE AND RECOMMENDATION
Consider amendments to the zoning ordinance related to medical marijuana facilities to address several minor updates.  There are several modifications proposed as outlined below.
These proposed changes are being recommended to address issues that staff has encountered with application of the ordinance and to changes in the industry over time.  Staff recommends approval of all the changes as contained in the attached ordinance.
(Please see Attachment 2 above)  

BACKGROUND AND DISCUSSION

In 2010 the voters in Arizona approved a ballot measure allowing for the use of medical marijuana in Arizona.  Mesa, along with all other jurisdictions in Arizona, had to amend their local regulations to address this new use.  Mesa’s regulations are contained in Section 11-31-34 of our zoning ordinance.  The ordinance approved by Council provides reasonable zoning regulations while still protecting citizens from potential negative impacts.  
Since the adoption of the ordinance we have had several years of actual application of the ordinance and operation of these facilities to learn from.  Based on this experience, we see the need to make some adjustments in the ordinance to address the actual impacts of the use and the operational process of implementing the ordinance. 

Over the last several months staff has conducted a thorough review of our ordinance, compared it with other jurisdictions, and evaluated the actual impacts we have experienced.  Based on this review, staff is proposing the modifications described below and shown in the attached draft ordinance.
   
1. Section 11-31-34 A. 1. This section is the introduction to the requirements for locating a dispensary. 

The first two sentences in this paragraph relate to the ultimate issuance of the Certificate of Occupancy and operation of the dispensary. 
The same information is contained in Section 11-31-34 E of the ordinance. 
Staff is recommending the first two sentences of this section be deleted.

2. Sections 11-31-34 A. 4. & 5., and B. 2 & 3.  These sections provide for separation requirements for dispensaries and cultivation facilities. 
The distances are measured in a straight line from the exterior wall of the regulated use (dispensary or cultivation facility) to the property line of the protected use (church, school, park, etc.). 
In the industrial area along Broadway we have experienced several requests where the location for dispensary or cultivation facility is affected by the presence of the East Valley Institute of Technology (EVIT). 
In actuality, given the railroad tracks, there is no direct connection between the school and the proposed location of the medical marijuana facility and there is limited ability for the medical marijuana facility to impact those using the school.
As staff reviewed this situation it was noted that the same condition exists with canals.  There are very limited opportunities to cross the railroad tracks or canals.  Railroad and canal crossings are at least ½ mile apart and often a mile apart.  Further, given the nature of these uses, there are typically walls that further limit the ability for a person to cross these areas and for there to be interactions directly between the two uses.
Therefore, to keep from unnecessarily limiting location opportunities staff is proposing to amend the language related to separations to allow an exception to the separation when there is an intervening canal or railroad, provided the street distance between the two uses meets the separation requirement.  


3. Section 11-31-34 A. 10. This section prohibits the delivery of medical marijuana. 
Several other cities surrounding Mesa allow delivery services and patients in Mesa are taking their business to these other establishments.  Therefore, deliveries are occurring in Mesa.  State statutes allow for delivery. 
It is staff’s recommendation that we drop this prohibition in favor of a statement that allows delivery consistent with State regulations and requirements.

4. Section 11-31-34 E. 4.  One of the submission requirements we have in the ordinance is the security plan the facility files with the State.  The State has the obligation to review and approve the plan and ensure that it is implemented. 
City of Mesa staff does not review this plan.  However, once it is filed with us it becomes a public record that anyone could request a copy of for their review. 
Because we do not actually review these plans, and we do not want to have them on file for others to look at, it is staff’s recommendation that we change [th]is requirement to having the applicant just provide an acknowledgement that they have filed a plan with the State in accordance with the State Statute requirement and will operate consistent with that plan.
RECOMMENDATION Staff recommen

Non-Discrimination LGBTQ Rights; Mesa Mayor is "Johnny-On-The-Spot"


Don't get your MesaZona blogger wrong - the mayor is one of my favorite subjects to get excited and thrilled about as an object-of-interest, starting about four years ago when he said that Mesa is just like that old television comedy Mayberry RFD. Now somehow morphed in the mayor's imagination as a rising "Innovation District" while yours truly likes to use the image of "The Old Donut-Hole".
Even after the mayor called me a Rabble-Rouser to my face two years ago, it's been fun. But let's get serious here - Mesa has a long way-to-go on the subject headline.
Will John Giles step-up and come out publicly for civil rights for everyone? This recent public opinion poll might be the final push to get him to the finish-line of guaranteeing inclusive equal rights by the force-of-law that's contained in these details. . . What's Next, John?

Poll reveals support for LGBT inclusion in Arizona non-discrimination law
By |  | UPDATED: February 17, 2018 at 2:04 pm
PHOENIXWith the bill HB 2586 — which will update the non-discrimination laws in Arizona to include sexual orientation and gender identity in housing, employment and public accommodations — currently under consideration in the Arizona House of Representatives, a new poll was created to see how Arizonans felt on the issue.

^ Above right  is an image of Mesa Mayor John Giles inserted by your MesaZona blogger with a direct quote:
"The idea that civil rights are only for certain classes of people and not for everyone seems obviously wrong me."

< To the left is an knock-kneed image of Giles appearing as non-partisan promoting an annual inter-faith breakfast just a few days ago.

The three-question poll, created by ONE Community Foundation and OH Predictive Insights, included 400 likely General Election voters and 404 self-identified conservatives.
Blogger Note: Among the "self-identified conservatives" are members of the Mormon Church, who have controlled and dominated government here in Mesa for generations going back to 1878. John Giles is the 40th mayor

The three questions surrounded around LGBT discrimination in three different areas: employment, public services and housing
The results of the three questions provided a lot of insight as both sides showed strong support for policies that protect members of the LGBT community against discrimination.
“This poll demonstrates what we’ve known for quite some time – treating people fairly and with respect isn’t a partisan issue. General Election voters overwhelmingly support equal protection policies, and well over half of self-identified conservatives support equal treatment policies as well,” co-founder and president of ONE Community and ONE Community Foundation Angela Hughey said.


“Arizonans understand that equal treatment is not only the right thing to do, but if we want to build a sustainable economy and attract and retain the very best then we must be open for business to everyone on the same terms.”
Out of the three poll questions, policies that protect gay and transgender people from discrimination in employment situations received the biggest support as 77.8 percent of General Election voters and 62.3 percent of self-identified conservatives voted in favor of the policies.
For more on the ONE Community, click here.
Source: http://ktar.com
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M7.2 Earthquake, Coronal Hole Stream | S0 News Feb.17.2018


Published on Feb 17, 2018
Views: 28,695
Daily Sun, Earth and Space Science
http://www.Suspicious0bservers.org

Friday, February 16, 2018

Baffled About Guns > WTF?? Just Another Mass-Killing School Shooting.

It ain't fukin' normal
Published on Feb 16, 2018
Views: 40,610
Pie discusses an everyday aspect of Modern America: Mass shootings.

DHS denied claims that it would destroy evidence following the fatal shooting of Alex Jeffrey Pretti | Daily Beast

  Trump-Appointed Judge Blocks Cover-Up in VA Nurse Killing TAMPER-PROOF DHS denied claims that it would destroy evidence following the fata...