well thank you and i'm sorry welcome to tonight's city council meeting for the evening of february 28th i know that all of our council is present the first item on our agenda is to begin our meeting with an invocation offered by pastor tony frazee of the gateway bible church followed by the pledge of allegiance so please stand for the invocation and remain standing for the pledge of allegiance mr mayor members of the city council of mesa arizona thank you for affording me this opportunity let's pray father in the name of jesus lord we open this city council meeting up under your name under your authority god we need your help in our city we need your help in our great state of arizona we need your help in the great nation uh the the home of the free the land of the brave we we we ask you god to help us with this situation with war on every side we ask you god to be with our sons and daughters especially those that are deployed right now and our entire military we lift up our entire nation we pray your kingdom come and your will to be done lord on every level of our of our nation starting tonight with this council meeting in jesus name amen amen amen please join me in the pledge 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 uh the next item on our agenda today is uh something we've all been looking forward to this is the appointment of david allen as a city magistrate this has been discussed in previous meetings but council is there a motion to move forward on this item mayor i'd like to move that we appoint mr david allen as our city magistrate thank you mr luna for making that motion i see it's seconded by councilmember heredia prior to calling for the vote i'd like just to give the public a little background on mr allen we i have a short bio on him mr allen earned his law degree in 2004 from the james e rogers college of law at the university of arizona and has a i was appointed the uh the our mesa city court commissioner in the year 2020 as commissioner he presides over the civil division oversees civil traffic offenses and covers criminal dockets based on the needs of the court he has experience in private both private and municipal law at both the state and local level mr allen has held various professional association positions and is currently a board member of the arizona black bar and rotating the liaison to the collective bar association and he's an active volunteer in helping those experiencing homelessness so we have a motion and a second to proceed council please cast your votes thank you the vote is unanimous congratulations mr allen mr allen i would now invite you forward and i will be honored to swear you in as a city magistrate thank you mr allen please raise your right hand and repeat after me i david allen do solemnly swear by david allen do solemnly swear that i will support the constitution of the united states but i will support the constitution of the united states and the constitution and laws of the state of arizona and the constitution and the laws of the state of arizona that i will bear true faith and allegiance to the same that i will bear true faith and allegiance to the same and defend them against all enemies foreign and domestic and defend them against all enemies foreign and domestic and that i will faithfully and impartially and i will faithfully and impartially discharge the duties of city magistrate discharge the duties of city magistrate of the city of mesa arizona or the city of mesa of arizona according to the best of my ability so help me god to the best of my abilities so help me god congratulations thank you well thank you that was really an honor and a privilege for me to participate in that uh congratulate uh congratulations to that judge allens and now we'd like to invite you to take a minute or two to express any thoughts that you might have um as you embark on your career on the bench so feel free to step up to the microphone and share anything that you'd like to do right right at the podium okay uh i want to thank everyone my comments will be directed to many of the people in the audience i won't take everyone's time and name individuals and i apologize for that but i want to thank the mayor and the council for putting your faith in me to sit as a magistrate in this city i do truly appreciate that uh to all of the parties that were involved everyone that gave comment i am humbled by the support of all the people that turned out today truly humbled and surprised and i want to thank everyone who took their time out of their very busy lives but i want to let everyone know that i am honored truly honored to serve the community in this capacity and i will continue to do my best as a sitting judicial officer and that i can um continue to bring respect and dignity to the bench and raise up the judiciary here in our community thank you everyone thank you mr allen [Applause] uh i'll just note that in the city of mesa we are very proud of our municipal court uh it is uh really stands out in our court in our state as uh as a great example of how to conduct a municipal court but very innovative with sets of programs as the veterans court community court you know we're talking about adding a domestic relations court uh very innovative uh the quality of the of our magistrates is very high i'm looking at several of them here that are supporting mr allen uh so uh mr allen you're going to fit right in uh in a in a very impressive court so we're uh we're grateful that you're here sorry about that i i can't talk about anything without getting choked up so um but thank you we can congratulations to all of us uh next item on our agenda is the consent agenda we invite mr kevin christopher forward to read that consent agenda 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 several 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 three approval minutes of previous meetings as written item 4a act on liquor license application for arizona sports and entertainment commission one day event march 12th sloan park spring training fields 2560 west rio solato parkway item 4b act on liquor license application for college bound one day event march 19th 359 north center street item 4c act icon liquor license application for ultimate imaginations incorporated one day event march 12th on main street from center street country club drive and mcdonald from pepper place to main street item 4d icon liquor license application for dash mart 3512 east southern avenue item 4e icon liquor license application for flights wine and tap room 2513 north thunderbird circle item 4f act on liquor license application for quick corner 2015 west university drive item 4g act on liquor license application for turbo beverage and grocery 2760 east main street item 4h act on liquor license application for the stone korean tofu house 6910 east hampton avenue item 5a act on 60-month lease agreement for copier for the business services department item 5b act on three-year term contract with two years renewal options for language translation services for various city departments item 5c act on contract to purchase furniture and chairs for the mesa police department special operations unit this purge is funded by the public safety sales tax item 5-d act on contract to purchase one liquid chromatograph triple quadrupole mass spectrometer for the mesa police department this purchase is funded by the mesa police department town of queen creek town of gilbert the city of tempe item 5e act on contract approaches a 3d scanner for the mesa police department this purchase is funded by lifecycle funds and non-asset or future funds item 5f act on contract to purchase furniture and workstations for the mesa police department aviation unit this purge is funded by the public safety sales tax item 5g act on three year term contract with two years renewal options for video loringa scopes for the mesa fire and medical department item 5a check on contracts purchase high availability data storage for the department of innovation and technology this purchase is funded by american rescue plan act coronavirus state and local fiscal recovery funds item 5i act on three-year renewal for the use of a cooperative contract for expansion of the very high frequency fire hazard zone radio system for the topaz regional wireless cooperative as requested by the department of innovation and technology the purchase is funded by members of the cooperative mesa gilbert superstition fire medical district queen creek and rio verde fire district item 5j has been removed from the consent agenda item 5k act on three year term contract with two years vanilla options for led modules for traffic control signals for the transportation department item 5l i got an award of one additional vendor using the cooperative contract for the term contract for heavy-duty truck construction industrial fleet and equipment parts services and accessories for the fleet services department item 5m akon contract for red mountain park expansion construction manager at risk guaranteed maximum price number one this project is funded by 2018 general obligation funds and capital general funds item 5n had to authorize the mayor to sign an amendment to the employment contract with the city auditor item 5-0 act to authorize the mayor to sign an amendment to the employment contract with the city attorney item 5p act authorized the mayor to sign an amendment to the employment contract with the city manager item 6a act on resolution regarding zon 21-01090 for property located up north of southern avenue on the west side of country club drive site plan modifications will allow restaurant of the drive-through item 6b icon resolution regarding zon21-01064 for property located south of pecos road on the east side of the crisman road alignment site plan review to allow for industrial development item 6c act on resolution extinguishing a 20-foot storm drain easement located at 2044 west riverview auto drive which is no longer needed by the union mesa at riverview development item 6d icon resolution adjusting the compensation for the positions of city magistrate and presiding city magistrate effective january 31st 2022. item 6e acts on resolution authorizing continued negotiations for the acquisition of certain real property for the broadway road phase one mesa drive the staply drive project and as a matter of public necessity authorizing the acquisition through eminent domain of certain real property generally located along east broadway road between southwest swear and south spur for right-of-way and easement purposes item 6-f act on resolution calling the primary election for august 2nd 2022 designating election dates and providing the last date for candidates to file nomination papers item 7a introduction of ordinance regarding anx 21-00802 annexing property located south of thomas road and east of elvis to drive item 7b an election ordinance regarding zon21-00797 for property located south of thomas road on the east and west sides of elvis to drive rezone and planned area development overlays will allow for mixed-use development item 7c introduction of ordinance regarding zon 21-01212 for property located north of the 202 red mountain freeway on the east side of vista drive rezoned with planned area development overlay to allow for development of a single resident's subdivision item 7d introduction of ordinance regarding zon21-00930 for property located north of the 202 san tan freeway on the west side of haws road rezoned with a planned area development overlay to allow for an industrial development item 70 introduction of ordinance regarding zon 21-01133 for property located south of warner road and west of the haws road alignment rezoned with a planned area development overlay and site plan review to accommodate an industrial development item eight a act on ordinance regarding zon 21-01025 for property located north of mccallups road on the east side of power road we zoned to establish commercial zoning for future development item 8b act on ordinance regarding zon21-00595 for property located south of warner road and west of ellsworth road rezoned the plan area development overlay and site plan review to allow for a mixed-use development including commercial office and industrial uses item hc act on ordinance regarding zon 21-00-393 for property generally located north of elliott road on the west side of haas road rezoned the planned area development overlay to accommodate development of a single residence subdivision item 8 d act on ordinance regarding zon21-00831 for property located south of guadalupe road on the west side of signal butte road sight plane modifications to allow for development of a restaurant in the drive-through item 9a act on subdivision plat the cubes at mesa gateway for property located south of pecos road and northern germain road on the east side of crisman road and item 9b act on supervision plant zen on record for property located at the northeast corner of wrecker road and baseline road mayor and council members these are the items on the consent agenda thank you mr christopher so items 5 j and 6e are off of the consent agenda is mostly other than those items are there any requests to speak on an item that's on the consent agenda uh no sir all right thank you we have a motion made by mr luna seconded by mr thompson for approval of the consent agenda please vote thank you that passes unanimously will god will now go to agenda item 5j this is a three-year term contract with two years of renewal options for tire maintenance and repair services for the fleet services department we had some discussion of this downstairs but if you don't mind let's hear from staff what uh what this contract is all about and we'll proceed good evening mayor council um the service contract was based for five certified tire technicians full time um for the repairs they um there's one assigned on day shift there's three assigned at night time and then at the west facility and one at the east facility the tire contractors come with their own service truck they respond to road calls they do the flat repairs and they do the tire replacements approximately a year we do approximately 4 600 tire replacements a year 3 900 flat repairs and over 300 road calls okay thank you very much i know downstairs we have to we kind of asked a few questions about this but um council are there questions you'd like to pursue now before we go forward on this mr thompson i guess you know my my concern continues to be that it's a service pro it's a service contract and it's it's costing you know the citizens nearly a million dollars a year for five people to check tire treads check the sidewalls and check the air pressure in the tires which our employees are already doing and then outside of that they're on call for 24 7 service and replacement of tires that we provide you know so where the city is providing the tires the weights the lugs and all they're doing is changing the tire putting it on the vehicle and it just seems you know nearly a million dollars a year is you know budgeted is a little i don't know to me it seems a little excessive to duplicate service that our employees are doing and then just replacing tires i could be wrong i don't know what the what the normal contract looks like you know i don't know what history tells us as far as what does that cost is this in line with what we're typically costing historically um is it is it costing us almost a million dollars a year to replace tires so the number of technicians has remained the same we've kept the same five technicians busy for the last several years um the price of the contract has increased this year the labor has almost doubled so how much the how much does our tire contract cost us to purchase all of our tires last year the tires were nearly 950 000 for purchasing other tires wow so it's almost it's almost as expensive to purchase the tires than it is to service the tires quite a bit of labor that goes into some of these so there's no way that we could go back and take another stab at this or ask people to sharpen their pencils and really take a look at since our tech our employees are already checking tires um you know doing walk arounds on their vehicles i was assured that they are doing that before they drive them could we eliminate some of that out of the language of the contract and say for for what we're wanting we just want you to fix our flats and change our flat tires sure and we we have that in the contract because during the time when they're not redoing the replacements we do have them check the fast because they're on contract for us for eight hours a day while they're there so they're busy the whole time all night long where they're there okay and so they're they're invoicing and we're keeping an eye on them or yes sir quality check i saw in the rfp that we are doing quality checks on them so that was a good thing we're just not letting them roam freely um okay yeah i still struggle with that um but i guess if that if that's the cost and that's what it takes and that's the cost and that's what it takes i just i just struggle paying almost a million dollars a year for some kick tires and tech tread uh downstairs you indicated that this was competitively bid and that there were some other folks businesses competing for this but that some of the other competitors failed to respond by the cut-off time or maybe they just failed to respond period with some of the necessary documentation but that's mayor it was they did respond i think ed mentioned that they just didn't have the backup material to show us how they're going to do it this is a new this is not the same contract we have today this is not so this is not we're not just feeding back the other contractor so yeah come on up and just talk a little bit about that now parent council we could go out and re-bid my only hesitation is when did we put this bid out how long when was the timing uh probably in january yeah i just don't think prices are getting cheaper right so we could rebid it so we take the chance maybe we get better bids or just the opposite and i don't i wouldn't normally hesitate if it weren't for just the circumstances now this is significantly higher than what we've paid before but everything is so we're kind of in this dilemma do we keep go back out see if we can get a better price or but if we go back out we can't come back right so that's our dilemma but talk a little bit about the responses we got and why that was problematic for us sure um the rfp requested a detailed explanation of how the vendors were going to accomplish the scope of work the employees the equipment their their exceptions to our specifications and terms and conditions and in essence two of the three vendors that responded simply provided a price sheet and that was basically all they they supplied so there was no way for us to score their proposal because they didn't include an explanation of how they were going to accomplish that which was a significant part of the evaluation process all right mr freeman so ed thank you for the explanation i know some of these others that were deemed non-responsive however were they ever educated on how to do the bidding process because they're mesa based businesses and i value that that they're willing to bid on a mesa contract um do you uh into my point mr brady is that i'm comfortable going out to rebid it i don't think it's going to change much but i know that's a lot of work on your end but to allow these other two vendors to participate in the bid process because when you tell me that they didn't quite follow in with all the procedural stuff that you're requesting maybe that's a learning curve for them just asking the question so we didn't reach out individually to these two vendors but the rfp did include detailed instructions on how to respond and what elements were required in the response and so if they had any problems with that certainly if they called us during the proposal process during the assembly of their proposal we would have helped them um you know explain you know or answer any questions that they had but they did not do that and we got the response that we got and because they didn't supply those elements we have one vendor that complied with the rfp requirements we have two that we that did not we simply because we we do what we say say what we do we can't just simply say we're just going to consider price and move forward from there the rfp did outline what was required of all the vendors that were going to participate and so if we had if we change the specs now then we open ourselves up that there might be other people that would have been willing just to submit a price sheet in essence and that wouldn't be fair to them either and it wouldn't be fair to the vendor that did comply with the requirements so we need to stick with what we said was a requirement in the rfp for this solicitation we could start over and maybe now that they didn't get considered maybe they would be more responsive and the fact that they're local maybe that gets their attention we this current contract we have expires into march correct march of correct tomorrow's next month yeah so the new contract starts in march for three years or new contract would start at the end of march or the beginning of april i don't remember how we worded it in the rfp usually we have a little for three years it's a three-year contract with renewal options but again if it's council preference i listen i mean we just don't want to cut it too close but um maybe we feel like maybe we let's see if we get a better competitive bid we're willing to do that so i just i want to come back and tell you it's more but that's we can take that risk i don't care i mean we can do that well and so here's my dilemma so gomez tire submitted a bid and their bid was 239 thousand eight hundred and fifty dollars so the contractor that we actually awarded it to just because gomez tire didn't complete all of the necessary paperwork uh we awarded the contract to somebody that's almost four times right what what the lowest bid was yeah let's just be careful though you're making we're making the assumption that 239 which would be almost half as much as the current contract or even more really understood what they're doing that's why that detail is per is needed because we would never issue we would never award that contract just based on that we want them to make sure they understand all the details so i get that number is interesting to look at but it right now we can't say that it's apples to apples i think too if you look at that schedule of prices that was put in there for analysis purposes i believe the number of hours that were indicated was 2080 and as mike said this is five employees uh basically full time which is 2080 is one employee at that rate for a full year so you'd have to multiply that times five so you get pretty close to the number we had if you need five employees so five times twenty eighty which is a full year thank you mr heredi is this uh you mentioned uh we currently have this vendor working um this is a new vendor that will be coming in it's a new vendor it's a new vendor okay mr luna so the contract is for uh 900 900 thousand nine hundred eighty nine hundred and eighty so is this the the cap on it or and basis like there's it could be a five percent uh increase but is it possible it could be lower is that even a possibility yes the amount that we've asked council for approval is an upper limit so the expenditures will be based on the actual usage i'm sorry i misunderstood i want to make sure i understood something you said earlier mr brady this this contract starts in march well the current current contract ends in march end of march so the new contract is somewhere the end of march 1st of april so we're going to obviously have coverage overlap yeah okay so that seems like a pretty tight turnaround or do we have time if we were to say okay let's explore you know give these folks a sure opportunity yeah is that what do you think again we would have to amend the existing contract and extend it for a period of time to cover that but we could do that i mean listen this may be one of those issues where let's let's give it a try and go back out it's uh and i think to your point you know we we spent a lot of time promoting small businesses in mesa and that's where i'm at i think it's time that we just go back to the drawing board we re-get it and see maybe they didn't understand the full process and and then go from there but i think that and then you can say well it's not fair to border tire because they are the actual winner of the bid but yet they have the right to come back and review their bid proposal and we'll see who's the lowest bidder and meets all your criteria on there and and hopefully we get the right person and what time frame are we talking if you go out to re-bid 45-day you can use the existing contractor right i mean we're going to go back and we got to negotiate their rates i mean but you're talking maybe 60 days correct yeah 60 days so no this is fine we can do that we can do this okay i i can see that staff's not opposed to doing a reset on this oh just can we pull this item off the council agenda is that appropriate and then we'll just come back after go we'll go through and rebuild that i think to make sure everyone said what's happening just one more comment i think it'd be it'd be behoove of us to ensure that we actually need five employees um you know because maybe we can get away with you know one on the west side one on the east and maybe one or two that are changing tires so maybe we only need you know three right now they keep i mean that'll be up to the contractor obviously yeah um but i think we need to be careful what we asked for and and and then also ensure what we're asking for yeah i think we're pretty set on what we know what we need we've been doing this for a while so i think it's just a matter of uh educating the uh other bidders make sure they can get all their information in mr luna i am concerned about those the the contract the one we're going we were potentially rewarding they followed the regulations their p's and q's if you can't do that you have a problem so so i i do have an issue with that so you want to make sure that if you're going to be bidding you've got to make sure you follow the instructions because we're all required to follow instructions to get what we need to and so that would be my concern my reservation julie i guess i would ask was was their clear instructions like was it really clear to all the companies what they were supposed to do in my assessment absolutely there was general instructions as well as a list of what should be included within each tab uh as well as question specific questions because that to me that's like a sign that they maybe don't want the contract i mean we had a small business and if we were going to bid something and we knew that they were going to just go with the lowest bidder and they didn't care about the quality of our service we didn't go through the whole hassle of putting in a bid if we didn't want it in fact they only gave us a price sheet and one person at 280 hours that's i mean that to me is saying that they don't want the contract that's how i see it i don't know and i should add we do state in the rfp that if a response is incomplete it's considered non-responsive and that's why we're here today with one of the three responses well we've got uh it's hard to note the consensus series uh we could put it up for a vote and uh that would clearly help us know how people feel uh i'll i'll just express uh we talk a lot about supporting small business the fact that we've got some local small businesses that that potentially could get a lucrative contract with the city i think that's great i i'd like to err on the side of making sure that the local small businesses uh have every opportunity i understand that that they should have responded uh better but uh maybe we uh maybe that's the point these are some businesses that we can kind of help nurture them and help them become a little more uh competitive and sophisticated in the way they respond to their to these things so i i i don't oppose pulling this from the agenda and having staff bring it back um mike are you comfortable that the current contractor will extend for 30 days uh no i'm not comfortable with that they're having problems getting this amount of labor nightly as it is um they're running short on their contractors under tire specialists over there and that's one of the reasons why we went out for another contract they've been unable to uphold um getting us the service we have and that so that's one of our major concerns as the vendor is able to take care of all of our needs and with the board of tire contract they service some large vendors like the city of phoenix united area men a lot of large fleets so that's that's good to know so the status quo is not working and i feel like they could you know substantially increase their prices for that extension because they know that we don't have any other option and then we have to take it right because we don't have another choice well why don't we do this why don't if someone uh right now this is on our agenda for approval so uh would someone like to make a motion to approve this item okay go ahead and do it like ms spillsberry has made a motion seconded by vice mayor duff again we are voting to award this contract to the the winner of the bid and i'm going to explain my vote because i said just a moment ago that i was open to extending it but having heard the uh but i think it's some important information which is we're actually uh things aren't working well right now and the we need to to solve this problem i am going to vote in in favor of awarding the contract so i will vote motion passes uh five to two oh yes both motion passes five to two thank you very much and thank you to staff for your your help on helping us figure out where we're at on that next item on our agenda is item 6e this is authorizing continued negotiations for the acquisition of certain real property for the broadway rose phase one mesa drive to safely drive project as a matter of public necessity necessity authorizing the acquisition through eminent domain of certain real property in mesa generally located along east broadway road between southless wear and south spur we do have someone i believe on line or do we have someone in person uh mayor he's president carlos acosta carlos acasa yes yes he's in the audience mr okay welcome mr mrs gossip oh i'm sorry thank you welcome uh please yes thank you mr acosta you have three minutes okay we'll expand that to six minutes because you have an interpreter please give us your name and your address okay my name is my name is carlos acosta and i live on 411 south africans spencer in mesa e bengal um i totally agree with the eminent domain i agreed to sell part of my property to improve the broadway street the only thing i ask you is for to make sure this process is uh consider the safety of the neighbors because srp is changing as part of this project srp is changing the lines i think underground and they are planning originally they plan to put some equipment or controls on one side of broadway and now they have decided to move those equipment to the corner of spencer and broadway is right on his house corner so he's thinking in the safety of his granddaughter that'll be all thank you okay thank you very much so just to just restate what we've heard on this item in our study session this is we're widely well mr brady you would do a better job of describing this well we're we're improving broadway i think the vice mayor did an awesome job lastly talking about it really this is both functional space to create lanes for bikes and for pedestrians but it's also aesthetically trying to improve this area to do that we need some small strips of land for the easements so we appreciate a gentleman for participating willing to work with us on that so thank you very much for that i think what the issue sounds like is with what i'm assuming i don't know srp is putting up some pedestals beth from their project is that what i'm hearing it's maybe we can work with srp on that yes good evening mayor and council as part of the project we're going to be undergrounding some of the srp overhead power lines and i believe there's a cabinet that has to go on this corner so we'll work with mr acosta and make sure that his concerns are alleviated those cabinets are everywhere all over the city of mesa and they're very safe you may also be concerned about the safety during construction we'll we'll always make sure that that's the case okay thank you uh so this is on our agenda for approval uh council any additional comments or discussion on this item if not would someone like to make a motion thank you mr freeman has made a motion seconded by mr heredia for approval please vote thank you that passes unanimously uh next item on our agenda is item 10a this is uh to take action on a series 10 beer and wine store liquor license application for convenience mart at 757 south country club drive as a reminder the city council does we don't issue liquor licenses we make recommendations to the state liquor board but uh they do seek our our council and there are 12 different criteria that we can look at for making recommendations of approval or denial ms mostly do we have any requests to speak on this item good catch you almost said nicholson no you're quick yes we do we have elizabeth oliskey she's the spokesperson for arizona care network on the line in support of this item okay thank you let's hear from her if you can hear us uh welcome to the mesa city council meeting please uh please tell us what you'd like us to hear hey there thank you very much elizabeth here can you hear me yes you have three minutes excellent ah thank you i also have physical representation in the room as well if you uh if you need them to speak i'm not sure if you received the documentation but i tried to submit a powerpoint presentation showing some of the improvements that we have made to this particular address i'm not sure if you guys are aware but this building was a flower shop many years ago and then was left vacant during those vacant times you know lots of uncleanly activities were occurring there whether that be you know people just hanging out or just trash collecting last year an investor came in built up a convenience mart and then my partner and i purchased it late in september and at that point we added hot food service as well so you'll see that the crispy crunchy chicken signs out there and so what customers have been asking of us is to provide one additional product and that product being beer they've asked for a multitude of reasons one because some of it just like to have it with their with their hot meals after a hard day's work but mostly because a lot of folks are saying that they prefer coming into our facility versus going to the one across the street from us i don't know if i'm allowed to say it but there's a circle k right across 8th avenue there at that same intersection of 8th avenue and country club they say because the employees at our establishment are nicer friendlier our facility is cleaner both inside and out so if they could just use it as a one-stop shop they absolutely would prefer that and then the other documentation i have in the presentation is that in preparation for said activities occurring at our establishment we've gone what i believe is above and beyond and that we have all our filings with the city of mesa for the trespass enforcement program we have our signs installed on all sides of the property we have installed additional lighting again on all sides of the property we've also installed security systems not only camera but also security doors things like that so where folks can't just hang out because when we close at night we also have a gate system in front of the the front entrance that does not allow folks to just be hanging out by their the area so we think we've spent plenty of time money and effort into making sure that our facility you know never is something that folks just are allowed to hang out and make a mess on where which i know that's a concern for a portion of the community but i think we've got all of that covered by not allowing that to happen and we just want you to be able to provide like i said a one-stop shop for our customers and it's what they're asking for we do have if you want to see additional documentation we put out um sign up sheets and folks have made these comments on the sign up sheets about you know them wanting to have this product available to them so that they don't have to you know make multiple stops along their way home from work okay thank you so you're the applicant is that correct yeah okay yeah thank you you're not bound by the three-minute mark so i just to explain to those in the crowd was being over-indulged and letting you speak but thank you uh thank you very much uh ms mosey do we have any other requests to speak no further requests okay thank you council is there a discussion on this item mr freeman so i know the vice mayor talked about it but i i've also done some research you know we have some of the business owners there that are uh not wanting this business to go in due to the inherent problems of the area and then i looked at just the overall health of that area there's currently 26 current beer and wine applications liquor applications in that area and it encompasses 21 000 people and this area was not specifically an opportunity zone but it's in the southwest corner of our development area and i don't know if that's going to change you know the integrity of that area and i i just felt like you know over or through the years having worked that area in the public safety sector it's there's a lot of work for public safety personnel and and i'm i'm just i'm not going to support this right now i think that currently we can do better and i appreciate the business it's a local owned business i understand that but does it improve the area this area is going to be hard to improve so with that i'm going to be voting on there thank you thank you mr freeman vice mayor yes uh just to add on to i made comments during a study session and i don't want to repeat a lot but i would like to say that i'm in support of supporting small business owners that are making a difference and challenge neighborhoods that they're standing to do everything that they can working with the pd department the neighbors and being involved in the community to transform it to stand for what is possible and i hope with that commitment and that presence that we see businesses that are not making those efforts weighing in their business and maybe the property be sold or um you know their sales detract um from having an up um a business that is doing business right so if it was a chain with not active management with only a clerk behind the counter and that was the only commitment i would agree with you we don't need another business like that in the neighborhood it is not contributing to keeping it safer from what i saw this property looking like in 2019 and what it is today i think it's a definite improvement and i've received word from a number of different entities of her commitment and attempts to really do right by the property and the neighborhood and being part of that neighborhood so i'm in support of this originally i wasn't because i thought it was just another chain convenience smart that didn't have that commitment and i have changed my mind and in support of the approving the liquor license thank you thank you i have a question is the is a series 10 beer and wine store license does that allow for consumption on the premises i mean it is the practice it does not so this would be buying packaged liquor and and consuming it off of the premises is that correct yes mayor and council tim meyer licensing administrator um this is for off sale liquor only so it's beer and wine off sale so no consumption on property okay uh the hot food that was described earlier is that is there a place do people come in sit down eat no so it's take out hot food okay all right i understand okay thank you um i voted no last time that this uh business was up for this location was up for a liquor license for the a lot of the reasons that mr freeman uh and i know the vice mayor voted no as well last time because the guerrero park neighborhood uh needs help and it doesn't need another liquor store and so i was comfortable in my intention was to vote against this application but having heard uh about the vice mayor's uh uh research and and her impression of the uh the applicant i'm i'm gonna change my mind and vote in favor of it for the same reasons i voted against it last time because the guerrero park neighborhood needs help and so if we've got a small business that's investing in the community and is going to be an active contributor to the community i want to see them be successful and i think it'd be difficult for a convenience store to be successful if we tied one or two of your hands behind your back and didn't allow you to to sell alcohol so uh so i i've evolved on this and will be supporting it but again i absolutely understand the concerns of many in the neighborhood that this guerrero park neighborhood is needs help from every possible source and and i hope we can provide that other comments council right we have a motion made by mr thompson seconded by mr freeman uh please cast your votes all right passes six to one thank you very much uh next item on our agenda is item 11a uh i have declared a conflict of interest on this so well uh madam vice mayor will you conduct a agenda item 11a please yes item 11a is to take um is to take oh yes we do need a mic for this okay item 11a is to take action on a pre-construction services contract for the signal butte water treatment plant we had a presentation on this important water and treatment plant expansion at our study session last thursday do i have any council members who would like to discuss it further given no we have a motion by council member thompson and second by council member spillsberry please cast your vote and that is unanimously approved with the exception of the mayor who has abstained thank you thank you vice mayor next item on our agenda is item 12 items from citizens present uh do we have any requests to speak ms mosley no mayor no no request all right thank you that uh completes all the items on our agenda for this meeting is there a motion to adjourn thank you mr luna and mr thompson all in favor please say aye aye thank you we are adjourned [Music] [Music] you