City Council Meeting - 6/16/2025

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Well, good evening. Hopefully you're enduring the heat out there, but uh today is our Mesa City Council meeting, June 16, 2025. Council member Duff is absent and she is excused and all other council members are present. We're going to begin with an invocation by Pastor Jose Luis Amaya from the Enlacia de Christo and followed by the pledge of allegiance. If you could all please stand. Thank you. Thank you again, Mark Freeman, that you to be so kind and invite me and all of the one of you as city council members. We thank you for all you do. Let's pray. Father, we thank you today for this opportunity. You know, all the plans, the programs and situations to deal with and we asking you for your guidance. Thank you for every one of them, for the families. We know that you cover them and protect them. In this meeting, I'm praying all together in unity, asking you for guidance, understanding, and wisdom. We ask you in the name of Jesus Christ. Amen. Amen. And amen. Thank you. Thank you. Join me in the pledge of allegiance. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Again, thank you. Uh we're going to move on to item number two is the consent agenda. Mr. Christopher, would you please read the consent agenda? And before you do, does any council member wish to remove any item off the consent agenda? Mayor, I would like to remove 6 I, please. Okay, Mr. Christopher, you'll make a note. Thank you. Proceed on. Good evening, mayor and council members. These are the items on the 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 unless a council member or citizen request in which event the item will be removed from the consent agenda and considered as a separate item. Item two, approval of minutes of previous meetings as written. Item 3a, approve recommendation made by the judicial advisory board to reappoint city magistrate novel to a two-year term beginning July 1st, 2025 and ending June 30th, 2027. Item 4 A, act on liquor license application for Maricos Mi Lindo Wimus Mesa, 1036 West Southern Avenue. Item 4 B, act on liquor license application for Slick City Action Park, 1812 West Rio Salado Parkway. Item 4 C, act on liquor license application for Poor Wine and Tap Room, 2905 South Ellsworth Roading contract for railroad improvements from Ellsworth Road to Hos Road. This project's funded by 2020 Street Bonds. Item 5B, approving contract for fire station 205 rebuild construction manager at risk. Guaranteed maximum price number one of two. This project is funded by 2022 public safety bonds. Item 5 C, approving use of a cooperative contract with the purchase of one tractor, truck, and mobile command trailer for the fleet services and police departments. Item 5D, approving 42-month term use of a cooperative contract with renewals for aftermarket light duty automotive parts for the Fleet Services Department. Item 5E, approving one-year term use of a cooperative contract with renewal options for OEM auto and light duty truck parts for the Fleet Services Department. Item 5F, approving 16-month term use of a cooperative contract with renewal options for uh equipment, parts, accessories, supplies, and related services for the facilities management department. Item 5G, approving 17-month term use for cooperative contract with renewal options for Beck Rotary actuators for the water resources department. Item 5H, approving three-year term contract with two-year renewal options for electric utility construction, maintenance, and emergency repair response services for the energy resources department. Item 5 I approving three-year term contract with two-year renewal options for payment preservation services for the transportation department. This contract is funded through the highway user revenue fund and local streets sales tax. Item 5J, approving three-year term contract with two-year renewal options for pavement preservation materials for the transportation department. This contract is funded through the highway user revenue fund and local streets sales tax. Item 5K, approving 5-year term contract for office supplies and related products. Item 6A, approving resolution modifying fees and charges for the solid waste and environmental and sustainability departments. Item 6B, approving resolution modifying and adding new fees and charges for the arts and culture department. Item 6 C, approving resolution modifying and adding new fees and charges for the development services department. Item 6D, approving resolution modifying and adding new fees and charges for Falcon Field Airport. Item 6E, approving resolution adding new fees and charges for Municipal Court. Item 6F, approving resolution modifying fees and charges for the economic development department. Item 6G, approving resolution to enter into an addendum to the amended and restated community maintenance agreement between the city of Mesa and the Eastmart Community Alliance for phases three and four of the great park. Item 6H, approving resolution to enter into an intergovernmental agreement with the city of Scottsdale to provide mutual backup ambulance services. Item 6 I has been removed from the consent agenda. Item 6J, approving resolution to adopt a notice of intent to enter into a retail development tax incentive agreement related to the Medina Station project generally located at the southeast corner of Southern Avenue and Signal Beard Road. Item 6K, approving resolution leving the amount to be collected by a secondary property tax and the rate upon each $100 of assessed valuation of property subject to taxation within the city of Mesa for the fiscal year ending June 30th, 2026. Item 7 A, introduction of ordinance zoning case 24-1020 for property located at the southeast corner of Sausman Road in Main Street. Reszone with the plan area development overlay and say plan review for a 45 unit multiple residence development. Item 7B, introduction of ordinance of zoning case 24-1074 for property located at the southwest corner of Hampton Avenue and Clear View Avenue. This is for modification of a council use permit, reszone of the bonus intensity zone overlay, major site plan modification and removal of certain conditions of ordinance number 2732 to allow for expansion of a private school. Item 7 C, introduction of ordinance for proposed amendments to chapters 81 and 7 of the Mesa City Code pertaining to adaptive reuse permits. Item 7D, introduction of ordinance for proposed amendments to chapter 25 of title 6 and chapter 31 of title 11 of the Mesa City Code pertaining to marijuana sales and facilities. Item 8A, approving resolution declaring the document filed the city clerk titled 2025 form-based code amendments to be a public record and providing for the availability of the document for public use and inspection. Item 8B, introduction of ordinance proposed amendments to chapters 56, 57, 58, 59, 60, 63, and 64 of title 11 of the Mesa City Code pertaining to form-based code. Item 9A, approving a resolution decoring the document filed to the city court, titled 2025 amendments to the Mesa city code, title 9, chapter 6, land division regulations to be a public record and providing for the availability of the document for public use and inspection. Item 9B, introduction of ordinance for proposed amendments to chapter 6 of title 9 and chapters 30, 66, and 87 of title 11 of the Mesa City Code pertaining to land divisions. Item 10 A, approving subdivision plat H crossing village 4 for property located at the southwest corner of Hos Road and Warner Road. And item 10B, approving subdivision plat Mesa 1, a condominium plat for property located south of the southwest corner of Elliot Road and Everston Terrace. Mayor and council members, these are the items on the consent agenda. Thank you, Mr. Christopher. Is there a motion? Thank you, Miss Spillsberry. Second by Mr. Heredia. Please cast your vote. Motion passes unanimously with uh council member Duff absent. So with that, let's go back to 6 I. Uh that's off the consent agenda. Mr. Adams, would you like to address anything on 6 I? Thank you, Mayor. I uh just have a few comments to make. I uh a little history. I have a let's call it a vested interest in visit Mesa having served on its board for 16 years and that was a a great privilege and an honor to have done so. Um going all the way back to uh current administration's predecessor uh Mr. Robert Britain. So needless to say Visit Mesa is a uh institution here in Mesa. uh it's done a great number of good things and I think it still is pointed in the direction to do that. Um couple years ago I left that board there were some issues that came up and u I've given great thought and consideration to those over this course of two years and now that this agreement is before us again and I think we're we were used to a five-year agreement and now we're proposing a three-year agreement. Um some of the things that um concern me, in fact, most of the things that concern me in the past have been addressed. Uh Mr. Kennington, the uh destination Mesa team uh made a very comprehensive presentation and uh answered nearly all of my questions. things that were concerns to me like uh confidentiality agreements and and other things like that are now off the table. Um I think that uh the consultant that came in did a great job of working with the visit Mesa board and leadership there. Um Dennis Kavanaaugh as chair has done a great job of shephering these things through and giving them due consideration uh transparency and um responsible use of public funds. So I think I I think all of those issues uh there's a 60-day out clause on this contract if there were issues to arise again. So, I've I've moved much closer to being comfortable with this agreement. I think at our study session, I mentioned that maybe a shorter term might be in order. And I I think perhaps it was Mr. Kavanagh or or someone who outlined the reasons for a three-year term. And it caused me to recall back to my 16 years and couple years as chair and treasurer various offices over there at Visit Mesa. And I understand that. Um but moreover the more important thing here is uh in considering this it caused me to realize that during my time as a board member and as chair there particularly um some of the issues that have now been addressed those those happened under my watch and I'll take responsibility for having not caught them and put into motion the things that have now been put into motion. That was on my watch. So, um, my my hats off to Visit Mesa, to the destination Mesa team. I'm very comfortable with Mr. Kennington or his appointee sitting on that board. I'm very comfortable with Mr. Kavanaaugh leadership coming up, the Visit Mesa board. And, uh, again, I I I I applaud the work that Visit Mesa has done. It was a an honor and a privilege to sit on its board. So I think that uh with these checks and balances in place uh I can be supportive of this contract. So uh closure is a good thing and u I think it's it's time at least for me to uh support this and uh we move on and and anticipate more uh great projects coming forward from visit Mesa. So thank you mayor. Thank you council member. Any other council member wish to speak? I know that uh I appreciate your comments and Well, you go ahead. No, please go. Um I was just going to um nothing in in response to um Council Member Adams just sort of uh throw my two cents and my um confidence in Visit Mesa and the leadership under um Dennis Kavanaaugh as chair as well as Mark Garcia as CEO. I think this um this this is a good contract addresses addresses a lot of um some of the issues that that went on and I think this is this is good going forward and I'm comfortable with the three-year term. I know as as you w mentioned Rich, there's a a 60-day uh termination clause. So, um should things not go um well, we you know can fall back on that. do not anticipate that that though and I'm excited to see uh them perform all the wonderful things that they do on a daily basis under this contract. So, thank you, Miss Goforth. And you're also a board member, too, at Visit Mesa. So, I appreciate your leadership on that. I'll entertain a motion to approve uh item 6i. Motion by Miss Vice Mayor Summers, second by Miss Bilsbury. Please cast your vote. Okay, motion passes. unanimously with Miss Duff absent. Thank you, councel. Uh, next we'll move over to item number 11, items from citizen present. We do have two items here from citizen present, I I just want to read a statement that we allow uh speakers uh up to three minutes to speak here. And since the topics raised are not typically part of our agenda, the state law generally prohibits the council from responding during the meeting. However, please know that council does listen to you and staff often follows up with the speakers after the meeting to gather more information on the issue further. So, with that, our first speaker tonight is uh Michael Stanley. Mr. Stanley, are you here? Please come forward. You have three minutes. You don't have to run. Thank you. Good evening. My name is Michael Stanley. I've been a resident of Mesa for 45 years. I live at 3429 East Entho Street. I'm here tonight to urge the city of Mesa to withdraw from its 287g agreement with ICE and to end all cooperation with ICE, including checking for ICE warrants during routine traffic stops. Mesa PD's goal is to protect protect and serve all residents regardless of immigration status. Continued cooperation with ICE is incompatible with that goal. Immigrants are hesitant to call for help because they fear that action may bring them to the attention of ICE. When Mesa signed this agreement in 2009, ICE followed defined procedures and guidelines for protection of civil civil liberties and professional conduct. That is no longer the case. As we all know, ICE has become an agency of fear targeting families and routinely violating civil liberties provided by the first, fourth, fifth, and sixth amendments of the United States Constitution. Numerous reports show hardworking families torn apart instead of criminals being targeted. They show warrantless detentions and racial profiling, mass deportations with many sent to dangerous conditions abroad. They show overcrowded detention centers where inadequate food and medical care have led to multiple deaths. They show active targeting of journalists and those protesting the current abuses. This impacts all of us, not just immigrants. US citizens have been caught up in these sweeps, assaulted and jailed, creating fear and uncertainty throughout the country. ICE actions undermine Mesa PD's duty to protect and serve with integrity. I'm begging you, withdraw the city from this agreement and cease all cooperation with ICE. We must choose humanity over fear and ensure that Mesa is a city that stands for justice. Thank you. Thank you, sir. Our next speaker is uh Eric Lick. Is that close enough? Okay. Thank you. [Music] Thank you. Uh my name is Eric Luthac. I live at 1515 Extension Drive Mesa. I've lived here eight years. Uh earlier today, I forwarded you all an email uh that I sent two weeks ago to the city manager's office. And since I had not had a response today from the city manager, I'm bringing my complaint to the council. In that email to the city manager, I took serious issue with how the police department and animal control handled and continue to mishandle a pitbull attack upon myself that occurred six weeks ago on May 2nd. That attack in a maze RV park at night sent me to the ER in an ambulance with over a dozen bites and deep scratches on my body and face. As set forth in that email of the city manager, due to the failure of the police and animal control to do their jobs properly, a vicious dog was not properly quarantined for rabies, and the dog owner was not cited for violation of the lease leash law. Instead, the dog owner and the dog were able to leave the park the next day, effectively disappearing into the community, putting me and everyone else in this community at risk. Moreover, after they left the Mesa RV park, neither the police nor animal control made any attempt to contact the dog owner, despite having a Gilbert address and telephone number for them, information they refused to give me until the police report until I received the police report just recently. Instead, the police said they sent all information to animal control, while animal control continually insisted it didn't have that information. Frustrated, I complained to the chief of police and the head of animal control. But despite my constant communication with the police and animal control, neither the officers involved nor their supervisors demonstrated any concern at all for me or the rest of the public. Instead, I was just ignored, put off, and eventually fed misrepresentations of both fact and law to justify their inaction. As an example, the police stated that since the dog was not exhibiting any symptoms that would quote require a quarantine per policy, unquote, the officer did everything right. Now, the police should note that the statute in the ordinance clearly state that the quarantine is mandatory, not a matter of public policy and not a matter of police inspection. Uh, the police Okay, sorry. Um, and then the animal control tried to tell me that since I was not exhibiting any symptoms after 10 days, I had nothing to worry about. That's a patently false medical claim given by somebody who should certainly know better in the animal control department. The infection rate for human is two to three months typically and could be even longer before it shows up. Even to this date, despite my request that animal control at least call the dog owner to find out about its health, they have refused to do so, claiming they have no jurisdiction because the 10-day quarantine period has expired. Another incorrect legal opinion and well, my legal opinion 15 years ago. Um, frankly, I consider the manner in which this was handled to be completely unacceptable. And if the city's not going to do anything to help me uh as I requested the city manager, then it should at least take a look at how it's handled in the future, including training police officers and how to handle dog attacks and quarantines properly and what the statute requires. And they should expand animal control so that there's sufficient coverage for nights and weekends when dog attacks are most likely to occur. Then the next time a pitbull viciously attacks somebody, maybe a small child because actually children are who are who get most of the bites, not usually a big guy like myself, um the city will know how to handle that quarantine properly. So that you know, no small child or my elderly wife with cancer is not the one in a hospital with nobody to, you know, look to to protect her going forward or to find out whether or not the dog's got babies or whatever this dog is going to do next. But I have sent you all and the city manager a long list of memos, emails, correspondence of my trying to get this handled from the very start because I know how to do that sort of thing. And I have no response that I considered satisfactory at any point. There was some sort of screw up from the start in the middle and right now to the end when nobody will even make a phone call as if I'm supposed to call my asalent and ask him if that dog's still alive. The animal control could do it. They just haven't and they won't and they haven't yet and frankly I don't think that's right. Anyway, thank you very much. Thank you, Eric. We'll follow up on your email. You bet. Uh, Miss Anderson, is there any other blue cards that you would like to read? Um, we did receive a blue card from Vicky Drake under items for citizens present, but she does not wish to speak. Okay. Thank you. That's all you have. Okay. With that hearing no other requests, uh these are all the items for this meeting and I'll entertain a motion to adjurnn. Thank you, Mr. Ready. Thank you, Mr. Adams. All in favor say I. I. We'rejourned. Thank you. [Music]