Meeting City Council Formal Meeting-5/19/2021 complete
2021-05-19 · Formal
City Council Formal Meeting
Item text
Summary
This item transmits the minutes of the Formal Meeting of Feb. 19, 2020, for review,
correction and/or approval by the City Council.
The minutes are available for review in the City Clerk Department, 200 W. Washington
St., 15th Floor.
Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.
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Item text
Summary
This item transmits the minutes of the Formal Meeting of March 4, 2020, for review,
correction and/or approval by the City Council.
The minutes are available for review in the City Clerk Department, 200 W. Washington
St., 15th Floor.
Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.
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Report
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Item text
This item transmits recommendations from the Mayor and Council for appointment or
reappointment to City Boards and Commissions.
Responsible Department
This item is submitted by the Mayor's Office.
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ATTACHMENT A
To: City Council Date: May 19, 2021
From: Mayor Kate Gallego
Subject: BOARDS AND COMMISSIONS – APPOINTEES
The purpose of this memo is to provide recommendations for appointments to the
following Boards and Commissions:
Audit Committee
I recommend the following for appointment:
Ann O’Brien
Councilwoman O’Brien will replace former Councilwoman Thelda Williams for a term to
expire July 1, 2022.
Amber Williamson
Ms. Williamson is the Budget and Research Director and will replace Assistant City
Manager Jeff Barton as an ex-officio member of the committee.
I recommend the following for reappointment:
Kathryn Baker
Ms. Baker is serving her fourth term to expire December 14, 2022.
Kerwin Brown
Mr. Brown is serving his third term to expire July 1, 2022.
Jim Waring
Councilman Waring is serving his fourth term to expire December 14, 2022.
Judicial Selection Advisory Board
I recommend the following for appointment:
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Javier Torres
Mr. Torres is an attorney at Stinson LLP. He replaces Joseph Kanefield as the State Bar
Association representative for a term to expire November 19, 2023.
I recommend the following for reappointment:
David Cunanan
Mr. Cunanan is serving his third term to expire November 19, 2022.
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Report
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Item text
Council Formal Meeting
Request for reconsideration for a portion of Item 3 from the May 5, 2021 City Council
Summary
At the May 5, 2021 Formal City Council meeting, the City Council adopted a portion of
Item 3 - Mayor and Council Appointments to Boards and Commissions. However, the
vote of the City Council on Ethics Commission appointments was 5-3, with
Councilmembers DiCiccio, Guardado and Stark dissenting. Therefore, the motion
relating to Ethics Commission appointments failed to pass because pursuant to City
Code 2-53(C), seven affirmative votes were required to appoint members to the Ethics
Commission.
Pursuant to the Rules of Council Proceedings Rule 7(l), the portion of Item 3 from the
May 5, 2021 Formal Council Meeting regarding Ethics Commission appointments is
being placed on the May 19, 2021 agenda in accordance with a written request from
Councilwoman Debra Stark filed with the City Clerk on May 5, 2021 (Attachment A).
If this request is approved, the City Council will reconsider the Ethics Commission
appointments. If this request is not approved, the City Council will not reconsider the
item and the original action on the item will stand.
Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.
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ATTACHMENT A
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Item text
2021 Formal Council Meeting - Mayor and Council Appointments to Boards and
Commissions
Summary
This item transmits recommendations from the Mayor and Council for appointment or
reappointment to the Ethics Commission.
Responsible Department
This item is submitted by the Mayor's Office.
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ATTACHMENT A
To: City Council Date: May 5, 2021
From: Mayor Kate Gallego
Subject: BOARDS AND COMMISSIONS – APPOINTEES
The purpose of this memo is to provide recommendations for appointments to the
following Boards and Commissions:
Ahwatukee Foothills Village Planning Committee
I recommend the following for reappointment:
Alexander Benezra
Mr. Benezra is serving his third term to expire November 19, 2021.
Central City Village Planning Committee
Vice Mayor Carlos Garcia recommends the following for appointment:
Nicholas Gonzalez
Mr. Gonzalez is the Owner of Estas Manos Coffee Roasters and a resident of District 8.
He fills a vacancy for a partial term to expire November 19, 2021.
Development Advisory Board
Councilwoman Yassamin Ansari and I recommend the following for appointment:
Dominike Nabors
Mr. Nabors is a Program Manager at Local First Arizona and a resident of District 7. He
fills a vacancy in the Neighborhood Interest category for a term to expire May 5, 2024.
I recommend the following for reappointment:
Brian Stark
Mr. Stark will serve his second term to expire May 2, 2024.
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Ethics Commission
I recommend the following for appointment, as recommended by the Ad Hoc Committee
on Ethics Commission Appointments:
Lanette Campbell
Ms. Campbell will serve as one of two Democrats on the board and is a resident of
District 8. She will serve a three-year term, expiring on May 5, 2024.
Carlos Galindo-Elvira
Mr. Galindo-Elvira will serve as one of two Democrats on the board and is a resident of
District 7. He will serve a five-year term, expiring on May 5, 2026.
Michael Langley
Mr. Langley will serve as one of one Unaffiliated on the board and is a resident of
District 4. He will serve a five-year term, expiring on May 5, 2026.
Jose Samuel Leyvas III
Mr. Leyvas III will be serving as one of two Republicans on the board and is a resident
of District 7. He will serve a three-year term, expiring on May 5, 2024.
Cheryl Pietkiewicz
Ms. Pietkiewicz will be serving as one of two Republicans on the board and is a resident
of District 2. She will serve a five-year term, expiring on May 5, 2026.
Fire Safety Advisory Board
I recommend the following for appointment:
Jessica Hill
Ms. Hill is the General Manager at The Van Buren and a resident of District 4. She fills a
vacancy in the Special Events Coordinator category for a term to expire September 30,
2024.
Joe McElvaney
Mr. McElvaney is a Fire Protection Engineer at The Hiller Companies and a resident of
District 8. He fills a vacancy in the Resident of Phoenix category for a term to expire
September 30, 2024.
I recommend the following for reappointment:
Brian Cassidy
Mr. Cassidy is serving his second term to expire September 30, 2024.
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Human Services Commission
I recommend the following for appointment:
Itoro Elijah
Dr. Elijah is a physician and a resident of District 7. She fills a Category III vacancy for a
term to expire June 30, 2022.
Laveen Village Planning Committee
Vice Mayor Carlos Garcia recommends the following for appointment:
Gizette Knight
Ms. Knight is the Community Coordination Chair for the West Valley NAACP and a
resident of District 8. She fills a vacancy for a term to expire November 19, 2022.
Phoenix Youth and Education Commission
I recommend the following for appointment:
Dana Naimark
Ms. Naimark is a Consultant at Wolfe Naimark Policy and Strategy and a resident of
District 7. She fills a vacancy for a partial term to expire August 31, 2021.
I and Vice Mayor Carlos Garcia recommend the following for appointment:
Rene Rosales
Mr. Rosales is a Student Services Analyst at South Mountain Community College and a
resident of District 8. He fills a vacancy for a partial term to expire August 31, 2021.
Planning Commission
I recommend the following for appointment:
Lisa Perez
Ms. Perez is a Principal at Onyx Consulting Group, LLC and a resident of District 7. She
will replace John Montalvo II for a term to expire April 15, 2024.
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Item text
Request for a liquor license. Arizona State License Application 143261.
Summary
Applicant
Himaja Jampani, Agent
License Type
Series 10 - Beer and Wine Store
Location
3441 W. Cactus Road
Zoning Classification: C-1
Council District: 1
This request is for a new liquor license for a convenience store that does not sell gas.
This location was previously licensed for liquor sales and may currently operate with
an interim permit.
The 60-day limit for processing this application is May 21, 2021.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.
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Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“I am assured to uphold the laws and regulations about liquor license. I have never
been involved in any criminal activity, no record of getting in trouble with law and
authorities.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“This store will provide a safe and secure place for the neighborhood to buy alcohol.
The location will be convenient for the people in neighborhood who may not have
access to transportation. Adding the long time experience of the working in liqour
store while upholding all the laws and regulations, the store will be a safe, secure and
convenience place for the customers to purchase quality liquor.”
Staff Recommendation
Staff recommends approval of this application.
Attachments
Liquor License Data - Stop N Shop Market
Liquor License Map - Stop N Shop Market
Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.
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Liquor License Data: STOP N SHOP MARKET
Liquor License
Description Series 1 Mile 1/2 Mile
Beer and Wine Bar 7 2 0
Liquor Store 9 4 1
Beer and Wine Store 10 5 2
Hotel 11 1 0
Restaurant 12 4 1
Club 14 1 1
Crime Data
Description Average * 1 Mile Average ** 1/2 Mile Average***
Property Crimes 43.40 84.36 53.39
Violent Crimes 7.97 15.12 10.19
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius
Property Violation Data
Description Average 1/2 Mile Average
Parcels w/Violations 57 146
Total Violations 92 227
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Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty
1040001 1260 45 % 19 % 36 %
1040003 1994 97 % 0% 11 %
1042031 1599 79 % 7% 10 %
1042122 1606 75 % 22 % 4%
1043011 1780 83 % 0% 13 %
1043012 1726 87 % 14 % 17 %
1043022 1902 53 % 15 % 15 %
Average 61 % 13 % 19 %
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Liquor License Map: STOP N SHOP MARKET
3441 W CACTUS RD
Ü
Date: 3/29/2021
0 0.2 0.4 0.8 1.2 1.6
mi
City Clerk Department
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Report
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Item text
Request for a liquor license. Arizona State License Application 138465.
Summary
Applicant
Samir Shiha, Agent
License Type
Series 10 - Beer and Wine Store
Location
13641 N. 32nd St.
Zoning Classification: C-2
Council District: 3
This request is for a new liquor license for a convenience store that does not sell gas.
This location was previously licensed for liquor sales and may currently operate with
an interim permit.
The 60-day limit for processing this application was April 12, 2021. However, the
applicant submitted a written request for more time.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
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Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the
State of Arizona. This information is listed below and includes liquor license violations
on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.
Crown Beer Wine & Food Store (Series 10)
6320 N. 12th St., Phoenix
Calls for police service: 3
Liquor license violations: In September 2011, a fine of $1000 was paid for an
employee consuming alcohol while on duty, allowing a customer to bring alcohol onto
the licensed premise and having liquors other than authorized by license on premises.
In October 2013, a violation letter was issued for delinquent taxes. In November 2015,
a violation letter was issued for delinquent taxes.
Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“I am assured to uphold the laws and regulations about liquor license. I have never
been involved in any criminal activity, no record of getting in trouble with law and
authorities.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“This store will provide a safe and secure place for the neighborhood to buy alcohol.
The location will be convenient for the people in the neighborhood who may not have
access to transportation. Adding the long time experience of the working in liquor store
while upholding all the laws and regulations, the store will be a safe, secure and
convenience place for the customers to purchase quality liquor.”
Staff Recommendation
Staff recommends approval of this application.
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Attachments
Liquor License Data - A 1 Food Store
Liquor License Map - A 1 Food Store
Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.
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Liquor License Data: A 1 FOOD STORE
Liquor License
Description Series 1 Mile 1/2 Mile
Bar 6 4 0
Beer and Wine Bar 7 1 1
Liquor Store 9 6 1
Beer and Wine Store 10 3 1
Restaurant 12 3 2
Club 14 2 2
Crime Data
Description Average * 1 Mile Average ** 1/2 Mile Average***
Property Crimes 42.53 0.18 0.53
Violent Crimes 7.71 0.02 0
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius
Property Violation Data
Description Average 1/2 Mile Average
Parcels w/Violations 59 67
Total Violations 99 129
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Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty
1033022 2862 83 % 0% 4%
1033023 1946 82 % 2% 19 %
1034001 1544 82 % 0% 6%
1034002 1569 76 % 4% 8%
1035013 1038 66 % 0% 40 %
1035021 1498 61 % 5% 10 %
1035023 1511 71 % 2% 17 %
1035024 884 66 % 13 % 5%
Average 61 % 13 % 19 %
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Liquor License Map: A 1 FOOD STORE
13641 N 32ND ST
Ü
Date: 2/12/2021
0 0.2 0.4 0.8 1.2 1.6
mi
City Clerk Department
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Report
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Item text
AZ)
Request for a Series 15 - Special Event liquor license for the temporary sale of all
liquors.
Summary
Applicant
Sofia Vasquez Diaz
Location
7610 W. Indian School Road
Council District: 5
Function
Cultural Celebration
Date(s) - Time(s) / Expected Attendance
July 9, 2021 - 7 p.m. to 1:30 a.m. / 150 attendees
Staff Recommendation
Staff recommends approval of this application.
Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.
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Report
Supporting documents
No supporting documents stored.
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Item text
Request for a liquor license. Arizona State License Application 135370.
Summary
Applicant
Andrea Lewkowitz, Agent
License Type
Series 12 - Restaurant
Location
8941 N. Black Canyon Hwy.
Zoning Classification: C-2
Council District: 5
This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and may currently operate with an interim permit.
The 60-day limit for processing this application is May 22, 2021.
Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.
Other Active Liquor License Interest in Arizona
This applicant does not hold an interest in any other active liquor license in the State of
Arizona.
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Public Opinion
No protest or support letters were received within the 20-day public comment period.
Applicant’s Statement
The applicant submitted the following statement in support of this application. Spelling,
grammar and punctuation in the statement are shown exactly as written by the
applicant on the City Questionnaire.
I have the capability, reliability and qualifications to hold a liquor license because:
“Applicant is committed to upholding the highest standards for business and
maintaining compliance with applicable laws. Managers and staff will be trained in the
techniques of legal and responsible alcohol sales and service.”
The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Known for the 'World's Greatest Hamburger' using the finest ingredients, on -site
bakery, and fresh produce, Fuddruckers has been a family-friendly neighborhood
restaurant since 1980. Applicant would like to continue to offer guests 21 and over the
opportunity to order alcoholic beverages as an incident to the meals they enjoy.”
Staff Recommendation
Staff recommends approval of this application.
Attachments
Liquor License Data - Fuddruckers
Liquor License Map - Fuddruckers
Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.
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Liquor License Data: FUDDRUCKERS
Liquor License
Description Series 1 Mile 1/2 Mile
Government 5 1 0
Bar 6 4 3
Beer and Wine Bar 7 2 0
Liquor Store 9 2 1
Beer and Wine Store 10 9 2
Hotel 11 2 1
Restaurant 12 16 3
Crime Data
Description Average * 1 Mile Average ** 1/2 Mile Average***
Property Crimes 44.37 193.28 120.16
Violent Crimes 8.14 39.17 23.35
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius
Property Violation Data
Description Average 1/2 Mile Average
Parcels w/Violations 55 80
Total Violations 89 122
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Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty
1042054 1577 5% 21 % 30 %
1044021 2555 24 % 18 % 15 %
1055011 1055 38 % 6% 59 %
1055012 1442 0% 11 % 38 %
1055021 777 0% 25 % 45 %
1055022 819 16 % 29 % 12 %
1056011 2072 66 % 5% 23 %
1056012 1895 76 % 6% 27 %
Average 61 % 13 % 19 %
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Liquor License Map: FUDDRUCKERS
8941 N BLACK CANYON HWY
Ü
Date: 3/25/2021
0 0.2 0.4 0.8 1.2 1.6
mi
City Clerk Department
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PAYMENT ORDINANCE (Ordinance S-47541) (Items 10-25)
Ordinance S-47541 is a request to authorize the City Controller to
disburse funds, up to amounts indicated below, for the purpose of
paying vendors, contractors, claimants and others, and providing
additional payment authority under certain existing city contracts. This
section also requests continuing payment authority, up to amounts
indicated below, for the following contracts, contract extensions and/or
bids awarded. As indicated below, some items below require payment
pursuant to Phoenix City Code section 42-13.
10 Lafayette Instrument Company
For $32,000.00 in payment authority to purchase six LXG Model LX-6
Polygraph Systems for the Police Department. The Lafayette polygraph
equipment records, stores, and analyzes physiological changes during a
polygraph examination. The polygraph instruments are utilized by the
Police Department's Employment Services Bureau (ESB) to verify
statements of criminal suspects under investigation and prospective
Police Department employees. The ESB currently uses an outdated
Lafayette polygraph model that is 18 years old. Polygraph equipment
requires software updates to keep pace with industry standards, and
ESB's current equipment is outdated and no longer compatible with new
software updates. If the old equipment breaks down, there is no way to fix
it. Lafayette Instrument Company is offering a trade-in credit for the six
units of existing polygraph equipment, which will offset the final cost by
$10,980.00. The trade-in value is incorporated into the final payment
authority amount request.
11 Stock Enterprises LLC
For $10,991.00 in payment authority to purchase Grappler bumpers for
the Airport Bureau for the Police Department. The Grappler system is a
vehicle bumper mounted device designed to stop vehicles unwilling or
unable to stop with less danger to the public. The equipment is helpful in
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preventing vehicles from entering critical restricted areas of the airport.
The Grappler system is currently utilized by other units within the
department with great success. The equipment is necessary for the
department to provide life and safety efforts.
12 AHS Rescue LLC
For $12,000.00 in payment authority to purchase Rock Exotica Omni
Block pulleys for the Fire Department. The equipment is utilized in the
Special Operations Division and is needed for rappelling down mountains
and canyons to reach people who are injured, or those unable to get to
safety without assistance. Usually, a pulley is connected to a swivel by a
carabiner; the Omni Block pulley does not require a carabiner. This
reduces the weight and length of the rigging system for the pulleys and
allows the users to haul loads more efficiently.
13 AHS Rescue LLC - Contract 148164
For $55,000.00 in additional payment authority for Contract 148164 for
water rescue dry suits, socks, and liners for the Fire Department's first
responders to perform water rescues in extremely cold temperatures.
The suits keep them dry and prevent any cold from affecting the body,
enabling execution of successful rescue missions. The additional funds
are needed to purchase products and to remain in compliance with the
Federal Emergency Management Agency requirements.
14 Settlement of Claim(s) Johnson v. City of Phoenix
To make payment of up to $43,000.00 in settlement of claim(s) in
Johnson v.City of Phoenix, 20-0354-001, GL, PD, for the Finance
Department pursuant to Phoenix City Code chapter 42. This is a
settlement for a Property Damage claim arising from a water main break
on Oct. 1, 2020.
15 Gabriel, Roeder, Smith & Company
For $80,000.00 in additional payment authority on Contract 144725-02 for
actuarial services for the Finance Department. The services are required
to determine asset and liabilities for Other Post-Employment Benefits and
Compensated Absences as required by Governmental Accounting
Standards 16, 74 and 75 and other special studies as needed.
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16 Navigate360, LLC doing business as Alice Training
For $17,000.00 in payment authority to purchase a two-day Violent
Intruder Response Training Course for local Instructor Certification
through the Fire Department. The 2016 Complex Coordinated Terrorist
Attack (CCTA) Grant program was awarded to the City of Phoenix to
develop, train, and exercise a local and regional response for a CCTA
within the Phoenix region. The Federal Emergency Management Agency
and the CCTA Grant Program Office has approved the training to be
delivered to Phoenix regional public safety partners, private organizations,
and corporate partners. The training will create local ALICE Certified
Instructors who will serve as Violent Intruder Response subject matter
domain person(s) for emergency responders, non-governmental
organizations, and strategic partners throughout the region. The
instructors will have the ability to conduct hands-on training that
complement and enhance the response options, strategies, and concepts
to teach and train our local civilian population to deal with active shooter
situations.
17 United Phoenix Firefighters Association
For $300,000.00 for annual payment authority for the employee wellness
and assistance program for Fiscal Year 2021-22 for the Phoenix Fire
Department. The program provides employee assistance professional
services to firefighter employees and their family members and is part of
the 2021-23 Memorandum of Understanding.
18 Public Safety Personnel Retirement System
For $85,000.00 for annual payment authority to purchase the Fiscal Year
2021-22 employer cost of the Firefighter and Peace Officer Cancer
Insurance Policy Program for the Phoenix Fire Department.
19 ProctorU Inc.
For $88,500.00 in payment authority for a new contract, entered on or
about May 19, 2021 for a one-year term for the Human Resources
Department. The contract will provide the Human Resources Department
with online written exam test proctoring services for the Firefighter Recruit
application process in response to COVID-19 social distancing
guidelines. Proctoring services include ensuring test security by remotely
connecting to the applicants’ computers and recording the test session.
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20 Statista Inc.
For $28,800.00 in payment authority to purchase the promotional rights to
market the City of Phoenix as one of Forbes Magazine’s America’s Best
Large Employers in 2021 for the Human Resources Department. The City
of Phoenix earned the distinction of being the only municipality to be
ranked in the top 500 in the large employer category in the Forbes
Magazine survey. The purchase will provide the City with promotional
rights, including the use of the 2021 Forbes logo on city media and
documents which will be used to attract and retain highly qualified
applicants.
21 Cybergear Inc.
For $18,050.00 in payment authority to purchase 25 Epson TM TH 2000
check printers for the Phoenix Municipal Court Department. The printers
will replace current hardware that has been in service for 20 years and is
well past end of life. The printers will be used to imprint the Court's
payment information on the back of checks that were issued for payment
to the Court, thereby ensuring funds are routed to the correct account.
22 City of Glendale - Intergovernmental Agreement 123273
For $21,000.00 annual payment authority for Intergovernmental
Agreement 123273 to provide water treatment services to the Camelback
Ranch area located within the boundaries of the City of Phoenix but
outside the City's water distribution system, for the Water Services
Department.
23 City of Glendale - Intergovernmental Agreements
114154 and 114155
For $72,000.00 in payment authority for Intergovernmental Agreements
114154 and 114155 pertaining to treated sewer service and treated water
service to an area located in Phoenix. The contracts provide sewer and
water service to the area of Arizona State Route 101 and 51st Avenue.
located within the boundaries of the City of Phoenix but outside the City's
system, for the Water Services Department.
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24 City of Scottsdale
For $52,000.00 in payment authority for Contract 69310 with the City of
Scottsdale, pursuant to the Memorandum of Understanding of
Overlapping Retail Sewer Services for the Water Services Department.
The City of Scottsdale provides sewer services at a wholesale rate to
Phoenix customers for sewer areas within Phoenix boundaries but outside
the Water Services Department's distribution and wastewater collection
area.
25 EPCOR Water USA, Inc.
For $75,000.00 in additional annual payment authority for Contract 93040
to provide water and wastewater treatment services for the West Anthem
service area for the Water Services Department. The funds are needed
due to an unusually high water transport and consumption fiscal year. The
total payment authority for FY2020-21 should not exceed $1,292,863.00.
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Report
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Item text
Consideration for Chief Presiding Judge
Request City Council to reappoint Judge Alex Navidad to a four-year term as Judge of
the Phoenix Municipal Court, expiring July 12, 2025, and Judge B. Don Taylor III to an
annual term as Chief Presiding Judge, expiring June 30, 2022. Further request City
Council to set the annual base salary for the Chief Presiding Judge at $211,236.
Summary
On April 29, 2021, the Judicial Selection Advisory Board recommended reappointment
of Judge Alex Navidad as a Judge of the Phoenix Municipal Court for a four-year term
expiring July 12, 2025.
On April 29, 2021, the Judicial Selection Advisory Board also recommended
reappointment of Judge B. Don Taylor III as Chief Presiding of the Phoenix Municipal
Court for an annual term expiring June 30, 2022.
Concurrence/Previous Council Action
The City Council approved:
· Appointment of Alex Navidad as Judge of the Phoenix Municipal Court for a term
expiring July 12, 2021, on April 1, 2020; and
· Reappointment of Judge B. Don Taylor III as Judge of the Phoenix Municipal Court
for a term expiring Feb. 9, 2025, and reappointment as Chief Presiding Judge for a
term expiring June 30, 2021, on June 3, 2020.
Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the City Council
Offices.
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Item text
A public hearing, as required by Arizona Revised Statutes section 9-471, on the
proposed 51st Avenue and Baseline Road Annexation. This public hearing allows the
Council will not act on the proposed annexation at this public hearing. Formal adoption
of this proposed annexation will be considered at a later date.
Summary
This annexation was requested by Ernie and Miya Linsenmeyer for the purposed of
receiving City of Phoenix services. The proposed annexation conforms to current City
policies and complies with Arizona Revised Statutes section 9-471 regarding
annexation. Additionally, the annexation is recommended for adoption per the attached
Task Force Analysis Report (Attachment A).
Public Outreach
Notification of the public hearing was published in the Arizona Business Gazette
newspaper, and was posted in at least three conspicuous places in the area proposed
to be annexed. Also, notice via first-class mail was sent to each property owner within
the proposed annexation area.
Location
The proposed annexation area includes parcels 104-89-007J, 104-89-007B,
104-89-007G and 104-89-007F and is located at 51st Avenue and Baseline Road
(Attachment B). The annexation area is approximately 6.55 acres (0.0103 sq. mi.) and
the population estimate is zero individuals.
Council District: 7
Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.
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ATTACHMENT A
CITY COUNCIL REPORT
TO: Mario Paniagua
Deputy City Manager
FROM: Alan Stephenson
Planning Director
SUBJECT: Request for Task Force Analysis: 51st Avenue and Baseline Road Annexation
This report recommends the approval of the proposed annexation of 6.55 acres located north of
Baseline Road, APN # 104-89-374
THE REQUEST:
The applicant is requesting annexation to develop the parcel as a 2-3 story multifamily apartment
complex, with approximately 248 units.
OTHER INFORMATION:
Planning Village: Laveen
General Plan Designation: Traditional Lot, 3.5 to 5 dwelling units per acre
Current Zoning District: C-2
Equivalent Zoning District: R-4A
Current Conditions
Current Land-Use: Maricopa County, C-2 Remediated blight, vacant
To the North: City of Phoenix, Laveen Conveyance Channel and R1-8 PCD/PRD
To the South: City of Phoenix, C-2, Hospital and vacant land
To the West: City of Phoenix, R-3A, vacant
To the East: City of Phoenix, R1-6 PCD, Single-family subdivision
Maricopa County Non-Conformities Present? None
PARCEL(S) HISTORY: None
ALTERNATIVES:
y Option A - Annex the land as requested:
The city of Phoenix will control rezoning requests in this area to ensure conformance with the
General Plan Land Use Map. The city of Phoenix will capture property tax, utility tax, state shared
revenue, and impact fees.
y Option B - Deny the request for annexation:
If annexed later, this site would have been developed under County zoning and development
standards that may not be consistent with the General Plan, Land Use Map, zoning, and
development standards.
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RECOMMENDATION:
Located adjacent to City of Phoenix lands, this annexation is supported by the 2015 General Plan,
particularly the Land Use goal for land uses and development standards for unincorporated land, under
Policies 1 and 2.
This annexation is recommended for approval. Approval of annexation does not constitute
recommendation for future rezoning actions.
SUPPORTING INFORMATION:
I. Water and Sewer Service
There is both water and sewer infrastructure to the east and to the west of the above stated parcels.
To the east, the infrastructure is internal to the subdivision and to the west it is within 51st Avenue.
Proposed parcels can likely be served by the City’s water and/or sewer system pending capacity
review and approval. Design and construction of any infrastructure will be the responsibility of the
developer. Specifics regarding potential main extension requirements will be discussed and
determined at a pre-app meeting after annexation.
II. Fire Protection
Servicing Station: Fire Station # 58, 4718 W Dobbins Road
Station Capacity Level, Current: Unknown
Station Capacity Level, After Annexation: Unknown
Current Response Time: 3 Min. 0 Sec.
City Average Response Time: 5 Min. 2 Sec.
Difference From Typical Response Time: -2 Min. -2 Sec.
Number Of Service Calls Expected: 66
Average Cost Per Service Call: $466
Estimated Total Annual Fire Service Costs: $30,828
III. Police Protection
Servicing Station: 0
Number Of New Officers Required: 0.69
Number Of New Patrol Cars Required: 0.31
Estimated Total Annual Police Service Costs: $90,239
IV. Refuse Collection
Number of New Containers Required: 0.
Public refuse container costs not applicable for multifamily apartments.These uses require private
refuse services or contractual agreements with the City that are not determined at this time.
Total Start-Up Costs For Refuse Collection: $0
V. Street Maintenance
Average Cost Per Acre For Street Maintenance: $85
Estimated Total Annual Street Maintenance Costs: $559
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VI. Public Transit
Servicing Routes: Local routes #51 (51st Avenue) and # 77 (Baseline Road)
VII. Parks and Recreation
Neighborhood Park Demand In Acres: 2.58
Community Park Demand In Acres: 1.37
District Park Demand In Acres: 1.37
Total Park Demand In Acres: 5.32
Cost Per Acre, Annual Maintenance: $11,000
Total Annual Parks and Recreation Costs: $58,563
VIII. Schools
Elementary School District: Laveen
High School District: Phoenix Union
Total Expected Elementary School Students: 174
Total Expected High School Students: 99
Total Expected New Students: 273
IX. Revenues
This project is in the Laveen West Impact Fee and the Water Resource Acquisition Fee areas.
Expected Total Impact Fees At Buildout: $1,839,379
Tax Income, Year One
Property Tax Income: $2,768
Utility Fee Income: $31,000
State Shared Revenue: $202,856
Solid Waste: $102,612
Sales Tax Generated: $0
Total Tax Related Income, Annually: $339,236
Tax Income, Year Two and Beyond
Property Tax Income: $2,768
Utility Fee Income: $31,000
State Shared Revenue: $202,856
Solid Waste: $102,612
Sales Tax Generated: $0
Total Tax Related Income, Annually: $339,236
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X. Total Costs
Revenue, First Year Only: $2,178,615
Revenue, Year Two and Beyond: $339,236
Expenses, First Year Only: $180,189
Expenses, Year Two and Beyond: $180,189
XI. Total Annual Revenue
Total Annual Revenue, First Year: $1,998,426
Total Annual Revenue, Year Two and Beyond: $159,047
The above referenced Property Tax Income figures are based on vacant parcels only, it does not not
refer to future development which will vary depending on number of lots and individual square footage.
Total Tax Related Income and Total Annual Revenues will vary depending on project scope and size,
the timing of permit issuance and build-out.
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$77$&+0(17B
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Report
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Item text
Request to authorize the City Manager, or his designee, to file with the Maricopa
County Recorder's Office a blank petition for a proposed annexation. This annexation
was requested by Dennis M. Newcombe with Beus Gilbert McGroder, PLLC for the
purpose of receiving City of Phoenix services. The proposed annexation conforms to
current City policies and complies with Arizona Revised Statutes section 9-471
regarding annexation.
Summary
Signatures on the proposed annexation petition shall not be obtained for a waiting
period of 30 days after filing the blank petition with the Maricopa County Recorder.
Additionally, a Public Hearing will be scheduled within this 30-day waiting period,
permitting the City Council to gather community input regarding the annexation
proposal. Formal adoption of this proposed annexation will be considered at a later
date.
Location
The proposed annexation area includes parcels 210-10-020C, 210-10-020D,
210-10-031A, 210-10-027A and 210-10-010 located at 19th Avenue and Parsons
Road (Attachment A). The annexation area is approximately 15.73 acres (0.0239 sq.
mi.) and the population estimate is zero individuals.
Council District: 1
Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.
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ATTACHMENT A
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Request City Council authorization to extend and increase the corporate limits of the
of Phoenix, designated as the 11th Avenue and Jomax Road Annexation. Further
request to authorize current Maricopa County zoning to continue in effect until
municipal zoning is applied to the annexed territory.
Summary
This annexation was requested by James Colceri and Elizabeth Allard for the purpose
of receiving City of Phoenix services. The proposed annexation conforms to current
City policies and complies with Arizona Revised Statutes section 9-471 regarding
annexation. The City Clerk Department has received signed petitions representing 100
percent of the assessed value and 100 percent of the owners, excluding utilities, within
the proposed annexation area.
Public Outreach
A public hearing was conducted on Dec. 16, 2020, to allow the City Council to gather
community comment regarding the annexation proposal. Notification of the public
hearing was published in the Arizona Business Gazette newspaper, and posted in at
least three conspicuous places in the territory proposed to be annexed. Also, notice by
first-class mail was sent to each property owner in the area proposed to be annexed.
Location
The proposed annexation area includes Maricopa County parcel 210-12-019R located
at 26506 N. 11th Ave. (Attachment A). The annexation area is approximately 0.91
acres (0.00131 sq. mi.) and the population estimate is three individuals.
Council District: 2
Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.
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Attachment A
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Request City Council authorization to extend and increase the corporate limits of the
of Phoenix, designated as the Central Avenue and Jomax Road Annexation. Further
request to authorize current Maricopa County zoning to continue in effect until
municipal zoning is applied to the annexed territory.
Summary
This annexation was requested by Jeremy Macliver, for the purpose of receiving City
of Phoenix services. The proposed annexation conforms to current City policies and
complies with Arizona Revised Statutes section 9-471 regarding annexation. The City
Clerk Department has received signed petitions representing 100 percent of the
assessed value and 100 percent of the owners, excluding utilities, within the proposed
annexation area.
Public Outreach
A public hearing was conducted on Dec. 16, 2020, to allow the City Council to gather
community comment regarding the annexation proposal. Notification of the public
hearing was published in the Arizona Business Gazette newspaper, and posted in at
least three conspicuous places in the territory proposed to be annexed. Also, notice by
first-class mail was sent to each property owner in the area proposed to be annexed.
Location
The proposed annexation area includes Maricopa County Assessor parcel 210-13-
001G located at 26238 N. Central Ave. (Attachment A). The annexation area is
approximately 0.49 acres (0.00077 sq. mi.) and the population estimate is three
individuals.
Council District: 2
Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.
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Attachment A
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Multi Use Trail and Sidewalk Purposes (Ordinance S-47557)
Request for the City Council to accept and dedicate deeds and easements for public
utility, roadway, multi-use trail and sidewalk purposes; further ordering the ordinance
recorded.
Summary
Accepting the property interests below will meet the Planning and Development
Department's Single Instrument Dedication Process requirement prior to releasing any
permits to applicants.
Easement (a)
Applicant: Calderon Family Trust, under Trust Agreement dated April 29, 2019, its
successor and assigns
Purpose: Public Utility
Location: 4708 N. 35th Place
File: FN 210018
Council District: 6
Easement (b)
Applicant: Wendy Tuch, its successor and assigns
Purpose: Public Utility
Location: 4709 N. 35th St.
File: FN 210018
Council District: 6
Deed (c)
Applicant: PTH Properties, LLC, its successor and assigns
Purpose: Roadway
Location: East of 89th Drive and Illini Street
File: FN 200636
Council District: 7
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Easement (d)
Applicant: Aldi (Arizona) LLC, its successor and assigns
Purpose: Multi Use Trail
Location: 5775 W. Baseline Road
File: FN 210015
Council District: 7
Deed (e)
Applicant: Innovation Communities at Meridian Hills, LLC and Monarch Investors,
LLC, its successor and assigns
Purpose: Roadway
Location: East 13th Street between Piedmont and Carson roads
File: FN 210017
Council District: 8
Easement (f)
Applicant: Sustainable D, LLC, its successor and assigns
Purpose: Sidewalk
Location: 510 N. 23rd St.
File: FN 210019
Council District: 8
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Planning and
Development and Finance departments.
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Avenue and Thomas Road and the Southwest Corner of 32nd and Oak Streets
(Ordinance S-47545)
Request to authorize the City Manager, or his designee, to accept easements for traffic
control purposes for the installation of a High-Intensity Activated Cross Walk signal
along 43rd Avenue north of Thomas Road, and traffic signal modifications at the
intersection of 32nd and Oak streets.
Summary
Isaac School District No. 5 and Taylor's Payson LLC, its successor and assigns, have
agreed to donate easements for the installation of a High-Intensity Activated Cross
Walk (HAWK) signal and ADA pedestrian ramps at 43rd Avenue north of Thomas
Road, and traffic signal modifications and ADA pedestrian ramps on the southwest
corner of 32nd and Oak streets to provide pedestrians safe crossings at both locations,
respectively.
The parcels affected by this project and included in this request are identified by
Maricopa County Assessor's parcel number (APN) 107-38-127H located at 2941 N.
43rd Ave. and APN 120-21-018A located at 3139 E. Oak St.
Location
Near 43rd Avenue and Thomas Road, and at the southwest corner of 32nd and Oak
streets.
Council Districts: 4 and 8
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Street
Transportation and Finance departments.
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Request to authorize the City Manager, or his designee, to enter into an agreement
with Phoenix Cement Company to purchase Portland Cement (Bulk) for the Street
Transportation Department. Further request to authorize the City Controller to disburse
all funds related to this item. The aggregate agreement value will not exceed
$225,000.
Summary
The purpose of this contract is to provide the Street Transportation Department with
Portland Cement (Bulk) for a variety of projects that require building, repairing, and
maintaining concrete infrastructure throughout the City of Phoenix. This concrete
infrastructure includes curbing, sidewalks, aprons, driveways, valley gutters,
wheelchair ramps, storm drain inlets, catch basins, and various other infrastructure
through special or emergency project requests.
Procurement Information
IFB 21-056 was conducted in accordance with Administrative Regulation 3.10. There
were two offers received by the Finance Department Procurement Division on March
26, 2021, which were evaluated on price, responsiveness to specifications, and
responsibility to provide the required goods and services. The bid notification was sent
to 96 suppliers and was publicly posted and available for download from the City's
website.
The Deputy Finance Director recommends the offer from Phoenix Cement Company
be accepted as the lowest-priced, responsive and responsible offer.
Contract Term
The five-year agreement term will begin on or about June 1, 2021.
Financial Impact
The total agreement value will not exceed $225,000. Funding is available in the Street
Transportation Department’s budget.
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Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Street
Transportation Department.
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(Ordinance S-47562)
Request to authorize the City Manager, or his designee, to enter into contracts with
Source Parts and Equipment LLC and Superior Cleaning Equipment Inc., to purchase
small equipment repair services for citywide use. Further request authorization for the
City Controller to disburse all funds related to this item. The aggregate contract value
will not exceed $1,600,000.
Summary
These contracts will be used citywide to purchase small equipment repair services on
an as-needed basis to repair various small equipment, including powered weeding
machines, paint sprayers, water heated pressure washers, welding equipment,
portable generators, power blowers, band saws, and cordless and other miscellaneous
small equipment. These equipment repair contracts repair vital equipment that
supports a variety of services, including services provided by the First Responders,
Solid Waste Collection Services, and Facilities and Fleet mechanic staff. In addition,
the contracts repair tools that are used for the Neighborhood Services Department's
(NSD) Tool Lending Program which provides tools for residents and large-scale
neighborhood cleanups, and repairs to paint sprayers and pressure washers which are
utilized by the NSD's Graffiti Busters team throughout the City.
Procurement Information
IFB 21-061 was conducted in accordance with Administrative Regulation 3.10. There
were two offers received by the Procurement Division on March 19, 2021 which were
evaluated on price, responsiveness to specifications, and responsibility to provide the
required goods and services. The bid was sent to 140 suppliers and was publicly
posted and available for download from the City's website.
The Deputy Finance Director recommends that the offers from Source Parts and
Equipment LLC and Superior Cleaning Equipment Inc. be accepted as the lowest
priced, responsive and responsible offers.
Multiple awards are recommended to ensure the overall lowest cost to the City.
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Contract Term
The five-year contract term will begin on or about June 1, 2021.
Financial Impact
The aggregate contract value will not exceed $1,600,000. Funds are available in
various departments' budgets.
Responsible Department
This item is submitted by City Manager Ed Zuercher and the Finance Department.
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47563)
Request to authorize the City Manager, or his designee, to enter into a contract with
LSI Consulting, Inc. to provide a comprehensive Infrastructure as a Service package
for SAP. This service package will include licensing, cloud hosting and a database
upgrade implementation of the existing SAP infrastructure and database platforms for
the Finance Department, in an amount not to exceed $40,000,000. Further request
authorization to use existing excise tax bond proceeds to fund the costs of acquiring
and improving intellectual property for the enterprise-wide financial system and for City
Controller to disburse all funds related to this item. Further request an exception to the
assumption of liability provision of Phoenix City Code section 42-18(B) to limit the
liability of LSI Consulting, Inc. to $10 million.
Summary
The City currently utilizes the SAP system for critical financial accounting and reporting
processes, procurement, inventory management, and overall financial reporting and
analytics. SAP has more than 3,000 users across all City departments and interfaces
with numerous other citywide systems and applications. The SAP system is over 20
years old and requires significant upgrades necessary to support evolving work
processes, advanced analytics and to interface with citywide functions. Additionally,
the hardware for the system was installed in November 2013 and is currently at the
end of life with extended support expiring in 2021.
This contract will upgrade the existing SAP infrastructure and database platforms in
order to modernize and allow for full optimization of SAP's incremental enhancements,
technology improvements and solutions. This service package will include licensing,
cloud hosting and database upgrade implementation of SAP. The migration to a cloud-
based system mitigates the risk of aging hardware and provides an ongoing secure
and stable financial environment. Upgrading the software will result in improvements in
the areas of system speed, user experience and data analytics.
Maintenance and hardware on the existing system over a 10-year period could amount
to an estimated $28 million. Alternatively, the proposed upgrade including the cloud
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solution is $40 million. The incremental amount of $12 million or $1.2 million annually
over 10 years allows staff to extend and enhance the life of the city's existing city-wide
financial and procurement systems. This enhancement alleviates the need for a full
system replacement and would not require staff to purchase, maintain and support
new hardware and other infrastructure.
This item has been reviewed and approved by the Information Technology Services
Department.
Procurement Information
Request for Proposal (RFP) 21-074 was conducted in accordance with Administrative
Regulation 3.10. There were three offers received by the Finance Department's
Procurement Division on March 26, 2021. The proposals were scored by an evaluation
panel based on the following evaluation criteria: Qualifications and Experience (300
Points); References (150 Points); Approach to Scope of Work (250 Points); and Price
(300 Points). The offeror scores are as follows:
LSI Consulting, Inc.: 936 Points
Accenture: 674 Points
IBM Corporation: 642 Points
The Deputy Finance Director recommends that the offer from LSI Consulting, Inc. be
accepted as the highest-scored, responsive, and responsible offer that is most
advantageous to the City.
Contract Term
The ten-year contract term shall begin on or about June 21, 2021. Provisions of the
contract include an option to extend the term up to five additional years, which may be
exercised by the City Manager or designee.
Financial Impact
The aggregate value of the contract will not exceed $40,000,000. Funds are available
from existing excise tax bond proceeds and from the Finance Department's operating
budget.
Concurrence/Previous Council Action
Responsible Department
This item is submitted by City Manager Ed Zuercher and the Finance Department.
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028(A) (Ordinance S-47565)
Request to authorize the City Manager, or his designee, to allow additional
expenditures and to add the Parks and Recreation Department as an authorized user
under Contract 151956 with Above and Beyond Fitness Repair LLC, for the purchase
of preventative maintenance services, repairs, labor and parts on fitness equipment for
the Parks and Recreation Department. Further request authorization for the City
Controller to disburse all funds related to this item. The additional expenditures will not
exceed $140,000.
Summary
This contract was originally established to provide preventative maintenance and
repairs for commercial grade fitness and equipment for the Fire Department.
Preventive maintenance and repairs will help to keep equipment in top condition,
decrease downtime and prevent major equipment failures. General fitness equipment
includes treadmills, recumbent and stationary bikes, elliptical, step mills, rowers, cable
crossovers, lat pull downs and squat racks.
Contract Term
The contract term is April 15, 2020 through April 14, 2025.
Financial Impact
Upon approval of $140,000 in additional funds, the revised aggregate amount of the
contract will not exceed $365,000. Funds are available in the Parks and Recreation
Department's budget.
Concurrence/Previous Council Action
This contract was originally approved by City Council on April 1, 2020.
Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and Parks and the
Recreation Department.
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Request to authorize the City Manager, or his designee, to enter into an agreement
with LZ Delta, LLC, dba GO AZ Motorcycles for purchase of two BMW motorcycles for
the Police Department. Further request to authorize the City Controller to disburse all
funds related to this item. This item will have an aggregate amount of up to $55,000.
Summary
The Public Works Department is responsible for purchasing all of the City's fleet
vehicles. This request supports the one-time purchase of two motorcycles for the
Police Department, to replace two motorcycles with mileage averaging 104,000 miles,
in excess of the seven-year/60,000 mile estimated life.
Procurement Information
Request for Quote (RFQ) 21-FSD-043 was conducted in accordance with
Administrative Regulation 3.10. The Public Works Department sent out notifications to
86 vendors for the RFQ opportunity and received one bid from GO AZ Motorcycles.
They are being recommended for award based on the following cost of two
motorcycles.
LZ Delta, LLC, dba GO AZ Motorcycles: $50,898.02 (excluding tax)
Contract Term
This agreement will be for the one-time purchase of two BMW motorcycles that will
begin on or about Council approval on May 5, 2021.
Financial Impact
This item will have a one-time expenditure of $55,000 for the purchase of two BMW
motorcycles. Funding is available in the Police Department's budget.
Responsible Department
This item is submitted by Assistant City Manager Jeff Barton and Deputy City Manager
Karen Peters, and the Police and Public Works departments.
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47573)
Request to authorize the City Manager, or his designee, to execute amendments to
agreements: 149453 with LZ Delta, LLC; and 149452 with C & W Motors, Inc. dba
Ridenow Powersports Chandler, to authorize additional expenditures for purchase of
motorcycles and off-highway vehicles for the Public Works Department on behalf of
other City departments. Further request to authorize the City Controller to disburse all
funds related to this item. The additional expenditures will not exceed $1,520,000.
Summary
The Public Works Department is responsible for the purchase of all the City's fleet
vehicles, including Police vehicles. A minimum of 10 motorcycles are anticipated to be
replaced each fiscal year. The contract will allow the Public Works Department the
ability to purchase motorcycles on behalf of the Police Department as well as other
small off-highway vehicles that may be purchased by various City departments. The
motorcycles will allow the officers to safely perform their job duties and respond to
emergency situations and other residents' needs. The small off-highway vehicles will
also allow City employees to perform their job duties in a safe and efficient manner.
Procurement Information
In accordance with Administrative Regulation 3.10, a participating agreement is
required when the City uses a cooperative agreement from another public agency. The
contracts were awarded through a competitive process consistent with the City's
procurement processes, as set forth in the Phoenix City Code, Chapter 43. Use of
cooperative agreements allows the City to benefit from national government pricing
and volume discounts.
Contract Term
The contract term is March 1, 2019 through Feb. 29, 2024.
Financial Impact
The initial authorization for Motorcycles and Off-Highway Vehicles agreements were
for an expenditure not-to-exceed $1 million. This amendment will increase the
authorization for the agreement by an additional $1,520,000, for a new total not-to-
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exceed agreements value of $2,520,000. The additional expenditures will support
future end-of-life motorcycle and off-highway vehicle replacements for each fiscal year
through the end of the contract term.
Funding is available in the Police and Public Works departments’ budgets and includes
funding from the Arizona Governor's Office of Highway Safety Proposition 207 Grant
for motorcycle replacements for the Police Department.
Concurrence/Previous Council Action
The City Council approved Agreements 149452 and 149453 (Ordinance S-45401) on
Feb. 20, 2019.
Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Public Works
Department.
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Item text
Requirements Contract (Ordinance S-47580)
Request to authorize the City Manager, or his designee, to allow additional
expenditures and to extend Contracts 143861, 143862, 143857, 143931, 143859,
143858, and 143860 with World Wide Technology Inc., Insight Public Sector Inc.,
Enterprise Networks Solutions, Inc., Trace3 Inc., CDW Government LLC, Custom
Storage, Inc., and Altura Communication Solutions, LLC for the purchase of network
equipment and continued services for Citywide use. Further request authorization for
the City Controller to disburse all funds related to this item. The additional
expenditures will not exceed $17,200,450.
Summary
These contracts allow the City of Phoenix the ability to purchase a wide variety of
technology for ongoing replacement of network equipment, such as routers, servers,
switches, and controllers along with maintenance, training and services. The additional
funds will also be used to support ongoing Information Technology Service Capital
Improvement Projects (CIP) including data center replacement and firewall security
that will need to be completed prior to the fiscal year end.
The City is working on a new procurement process; an extension is necessary in order
to ensure the City services are not interrupted during the new procurement process.
Contract Term
Upon approval, the contract term will be extended through June 30, 2022.
Financial Impact
Upon approval of $17,200,450 in additional funds, the revised aggregate value of the
contracts will not exceed $37,700,450. Funds are available in various departments'
budget.
Concurrence/Previous Council Action
These contracts were originally approved by City Council on Oct. 5, 2016.
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Responsible Department
This item is submitted by City Manager Ed Zuercher and the Finance Department.
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Contract - RFA 18-315A (Ordinance S-47582)
Request to authorize the City Manager, or his designee to allow additional
expenditures under Contract 149248 with Extrication Concepts, LLC to provide
Holmatro equipment, parts and services to the Fire Department. Further request
authorization for the City Controller to disburse all funds related to this item. The
additional expenditures will not exceed $1,600,000.
Summary
The contract is necessary to continue to purchase patient extrication equipment, parts,
and services on an as-needed basis. The Fire Department uses Holmatro rescue
equipment to extricate victims of motor vehicle accidents and building collapses. The
equipment has the capability to lift, spread, cut and breach vehicles and building walls.
The additional funds are due to an increase in annual maintenance services which are
needed to ensure the tools and equipment are in proper working condition upon arrival
of the scene of the accident or emergency. The additional funds will allow the Fire
Department to continue purchasing large extrication tools and equipment and
continued ongoing replacement of out dated equipment. The Fire Department
currently owns and utilizes the equipment on every ladder truck and ladder tender in
the City. This equipment is a critical part of the Fire Department's efforts to provide life
safety services to the public.
Contract Term
The contract term is Feb. 1, 2019 through Jan. 31, 2024.
Financial Impact
Upon approval of $1,600,000 in additional funds, the revised aggregate value of the
contract will not exceed $2,400,000. Funds are available in the Fire Department's
budget.
Concurrence/Previous Council Action
The contract was originally approved by City Council on Jan. 9, 2019.
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Responsible Department
This item is submitted by Assistant City Manager Jeff Barton and the Fire Department.
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Report
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Item text
Request to authorize the City Manager, or his designee, to enter into a contract with
Foster & Foster Consulting Actuaries, Inc. to provide pharmacy benefits management
consulting services in an amount not to exceed $600,000 for a five-year period.
Further request authorization for the City Controller to disburse all funds related to this
item.
Summary
The pharmacy benefits management consulting services agreement is needed to
provide expert guidance to the Health Care Benefits Trust Board, Task Force and
Human Resources management on the City’s employee and retiree pharmacy benefits
provided in conjunction with the medical plans. Deliverables include but are not limited
to: developing comprehensive cost-sharing strategies to attract and retain employees
while utilizing cost containment measures without significantly impacting the integrity of
the plans; evaluating the performance on the pharmacy carrier; reviewing pharmacy
spend and utilization of coverage; recommending pharmacy plan changes; ensuring
program compliance with legal requirements; and, participating in the employee and
retiree plans pharmacy provider Request for Proposal processes.
Procurement Information
RFP HR 20-124 was conducted in accordance with Administrative Regulation 3.10.
The Human Resources Department received six responsive and responsible offers.
The Notice of Solicitation was emailed to 394 vendors registered in ProcurePHX.
The offers were scored on the following criteria: Qualifications and Experience (300
points), Method of Approach (400 points) and Price (300 points). Evaluation occurred
by a five-person panel. The evaluation committee determined that two offers were
within the competitive range, and those offerors were invited to participate in
presentations. One of the two offerors in the competitive range was deemed non-
responsive due to their inability to meet the solicitation terms. The remaining
competitive offeror submitted a Best and Final Offer (BAFO). After reviewing the BAFO
responses, it was the consensus of the evaluation committee to recommended
awarding the contract to Foster & Foster Consulting Actuaries, Inc.
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The scores were as follows:
· Foster & Foster Consulting Actuaries, Inc. 885.75
· Buck Global, Inc 842.50
· Milliman Inc. 746.25
· Gallagher Benefit Services, Inc. 615.00
· CBIZ Benefits & Insurance Services, Inc. 580.00
· USI Insurance Services, LLC 398.75
The Human Resources Director recommends the offer from Foster & Foster
Consulting Actuaries, Inc. be accepted as the highest scored, responsive, and
responsible offeror.
Contract Term
The five-year contract shall begin on or about May 19, 2021.
Financial Impact
The aggregate five-year contract value for these services shall not exceed $600,000.
Funds are available in the Health Care Benefits Trust Fund.
Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the Human
Resources Department.
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Report
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Item text
Request to authorize the City Manager, or his designee, to enter into a contract with
PTPN of Arizona to provide a physical therapy network for employees who were
injured on the job in an amount not to exceed $8,500,000 for a five-year period. Of this
amount, $50,000 in aggregate is from the general fund and $8,450,000 in aggregate is
from Workers Compensation funds. Further request authorization for the City
Controller to disburse all funds related to this item.
Summary
The occupational physical therapy services agreement is needed to provide a physical
therapy network for City of Phoenix employees who were injured on the job in
conjunction with the occupational medical services contractor. Deliverables include:
providing an extensive network of physical therapy clinics throughout the metropolitan
Phoenix area with extended service hours; ensuring all therapists are properly
licensed; scheduling initial evaluation for referrals within one business day; monitoring
the necessity of services through independent utilization review; auditing to ensure the
contracted percentage of savings is received; and, communicating the employee
status.
Procurement Information
RFP HR 20-127 was conducted in accordance with Administrative Regulation 3.10.
The Human Resources Department received six proposals; five were deemed
responsive.
The Notice of Solicitation was emailed to 112 vendors registered in ProcurePHX. The
offers were scored on the following criteria: Qualifications and Experience (350 points),
Method of Approach (300 points) and Price (350 points). Evaluation occurred by a four
-person panel. The evaluation committee determined that one proposal was within the
competitive range. After the BAFO process, it was the consensus of the evaluation
committee to recommended awarding the contract to PTPN of Arizona.
The scores were as follows:
· PTPN of Arizona 810.83
· TherapyCare Network of Arizona, Inc. 675.00
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· STI PT & Rehabilitation 625.56
· One Call 515.00
· Concentra Medical Centers 510.56
The Human Resources Director recommends the offer from PTPN of Arizona be
accepted as the highest scored, responsive, and responsible offeror.
Contract Term
The five-year contract shall begin on or about July 1, 2021.
Financial Impact
The aggregate five-year contract value for these services shall not exceed $8,500,000.
Of this amount, $50,000 in aggregate is from the General Fund and $8,450,000 in
aggregate is from Workers Compensation funds.
Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the Human
Resources Department.
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Report
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Item text
47555)
Request to authorize the City Manager, or his designee, to transfer retirement funds for
Tyler Vache in the amount of $4,488.73 to the Arizona State Retirement System, and
further request authorization for the City Controller to disburse funds.
Summary
Pursuant to Arizona Revised Statutes, sections 38-730 and 38-922, retirement service
credits for former members of the City of Phoenix Employees’ Retirement System
(COPERS) may be transferred to the Arizona State Retirement System (ASRS) upon
approval by the Council. The following former City of Phoenix employee has requested
transfer of the balance of their credited service:
Vache, Tyler: $4,488.73
Concurrence/Previous Council Action
This item was approved by the COPERS Board at its May 5, 2021 meeting.
Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the Retirement
Office.
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Report
Supporting documents
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Item text
47542)
Request to authorize the City Manager, or his designee, to amend and pay for COVID-
19 decontamination costs incurred, and allow additional expenditures under Contracts
147546 Clean Scene Az, LLC., 147553 Emergency Restoration Experts, LLC., 147552
Kary Environmental Services, Inc., for decontamination services for citywide use.
Further request authorization for the City Controller to disburse all funds related to this
item. The additional expenditures will not exceed $6,500,000.
Summary
This contract is primarily utilized by the Police Department on an as-needed basis to
provide decontamination services of police vehicles, drying rooms, holding cells,
interview rooms, crime scenes, city parks, street clean ups, city-owned properties, as
well as private properties. Additional departments use the contracts on an as-needed
basis when bio-hazardous materials are illegally dumped, such as human waste,
syringes and bodily fluids and for other decontamination services.
The scope of services is being modified to allow the inclusion of COVID-related
decontamination services and pricing. Several departments have identified the need
for COVID-related decontamination services. The departments with the greatest need
for these services include Human Resources, Street Transportation, Police, and the
Phoenix Convention Center. Additionally, seven other departments identified the need
of COVID decontamination services on a minimal basis. COVID-related
decontamination services will be performed in accordance with Centers for Disease
Control (CDC) and Occupational Safety and Health Administration (OSHA) guidelines.
Contract Term
The contract term is April 1, 2018 through March 31, 2023.
Financial Impact
The aggregate contract value shall not exceed $7,680,415. Funds are available in the
various department budgets.
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Concurrence/Previous Council Action
This contract was originally approved by City Council on March 21, 2018.
Responsible Department
This item is submitted by City Manager Ed Zuercher and the Finance Department.
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Report
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Item text
This report is in response to the request made at the Formal Council meeting on May
5, 2021, to evaluate and bring back information regarding the extension of the 2021
pool season to include all weekends in September, ending the pool season on Sept.
26, 2021.
Summary
The 2021 pool season is currently scheduled to begin on May 29, 2021, and end on
Labor Day, Sept. 7, 2021. Twelve pools will be open for this year’s pool season:
Cortez, Deer Valley, Encanto, El Prado, Falcon, Maryvale, Paradise Valley, Pecos,
Perry, Starlight, Sunnyslope and University.
At the request of City Council, staff researched the feasibility to extend the pool
season beyond the traditional budgeted end date. Based on the department’s
preliminary evaluation, staff has identified the six pools listed below as potential
locations to be open on weekends through September.
· Encanto - 15th Ave. & Encanto Blvd. (Staff Availability Confirmed)
· Starlight - 78th Ave. & Osborn Road (Staff Availability Confirmed)
· Sunnyslope - 3rd St. & Dunlap Ave. (Staff Availability Confirmed)
· El Prado - 19th Ave. & Alta Vista Road (Pending Confirmation)
· Maryvale - 51st Ave. & Campbell Ave. (Pending Confirmation)
· Paradise Valley - 40th St. & Bell Road (Pending Confirmation)
Below are factors that have been taken into consideration during the evaluation:
· Staff Availability - Aquatics staff are part-time/seasonal employees. Most staff are
schoolteachers and high school/college students who return to work/school in mid-
August. An extended season through September is dependent on their availability
to continue working.
· Staff Transportation - Many staff do not have their own transportation and typically
work at pool sites that are close to home; and they have limited, to no, availability to
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travel to work at other pools sites. This was a factor when identifying the six
proposed September extended season sites.
Additional factors when considering the feasibility of extending the pool season
through September includes staff absenteeism and participant attendance. With limited
staffing available in September, there is potential that on any given day there may not
be sufficient staffing levels to meet County Code Requirements, as such this could
affect a pool's ability to open. Also, historically, attendance at City pools declines in
August due to schools and fall sports resuming. It is anticipated that attendance would
further decrease in September, as pool water temperatures cool.
The Parks and Recreation Department will continue to verify staff availability for El
Prado, Maryvale and Paradise Valley pools. Based upon staff availability and whether
they have transportation available to travel to other pool sites, it is possible that these
sites could change. Also, if there is an increase in staff availability, additional pools
could be identified.
Financial Impact
The cost to operate six pools for an additional six days is approximately $100,000 that
would come from savings that occurred by only opening 12 of 29 pools for summer.
Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Parks and
Recreation Department.
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Report
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Item text
Sustainability for Greenhouse Gas Emissions Inventories (Ordinance S-47588)
Request to authorize the City Manager, or his designee, to enter into an
Intergovernmental Agreement with the Arizona State University Global Institute of
Sustainability to conduct Greenhouse Gas Emissions Inventories for City operations
and community-wide for the year 2020 and to conduct other services related to
operations of the Office of Environmental Programs. Further request to authorize the
City Controller to disburse all funds related to this item. The agreement value will not
exceed $95,000.
Summary
The Office of Environmental Programs (OEP) is proposing to enter into an
Intergovernmental Agreement (IGA) with the Arizona State University (ASU) Global
Institute of Sustainability (GIOS) for consultant services to calculate 2020 Greenhouse
Gas (GHG) emissions based on most recent available data. ASU GIOS has conducted
GHG inventories for City operations and community-wide since 2012. ASU reviews the
data provided by the City and measures emission reductions to track the City’s
progress on meeting its reduction goals. OEP plans to conduct GHG inventories every
two years.
OEP, in coordination with City departments, is preparing a Climate Action Plan (CAP)
to be presented to City Council for approval in Fall 2021. It is expected that additional
studies, research or evaluation may be needed in a number of sectors included within
the CAP, in addition to the potential need for assistance in other environmental and
sustainability areas that are under the purview of OEP. Therefore, OEP has expanded
the scope of this IGA to include the following additional services: conduct research,
evaluation, studies, and develop plans for environmental and sustainability efforts,
including stormwater (including green infrastructure), wildlife, food systems, air quality,
climate action planning, resilience, sustainable purchasing, hazardous waste
management, hazardous materials, brownfields redevelopment and remediation. By
executing this IGA, OEP will have the capability to engage ASU GIOS as needed and
feasible, provided funding is available.
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Contract Term
The term of the IGA will begin on or about June 1, 2021 through Dec. 31, 2023. The
IGA may be extended based on continuous need and available funding, which may be
exercised by the City Manager or designee.
Financial Impact
The agreement value will not exceed $95,000 with funding available in the Office of
Environmental Programs’ Water Fund. There is no impact to the General Fund.
Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Office of
Environmental Programs.
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Report
Supporting documents
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Item text
Language Banc, Inc. (Ordinance S-47574)
Request authorization for the City Manager, or his designee, to amend Contract
142704 with Midwest Language Banc, Inc. dba The Language Banc, Inc. to extend the
term of the contract until Dec. 31, 2021. The extension will provide translation services
for Head Start Birth to Five program families. The contract total will not exceed
$90,185. Further request authorization for the City Controller to disburse all funds
related to this item. Funds are available from the U.S. Department of Health and
Human Services, Administration of Children, Youth and Families. There is no impact to
the General Fund.
Summary
This contract provides translation services for families enrolled in the City of Phoenix
Head Start Birth to Five program who speak languages other than English and
Spanish. Participants of the program are required to participate in weekly 90-minute
home visits, attend biweekly socialization events and monthly parent education
opportunities. Services are currently delivered virtually but will return to in-person in
the participants' homes when safe to do so. The extension of the contract will allow
families who speak languages other than English to remain engaged in the program
while the contract is being re-solicited.
There are approximately 11 languages other than English and Spanish spoken by
enrolled families. Translation services are needed to communicate effectively to
ensure families understand the social services offered and receive the maximum
benefit of the educational component.
Contract Term
The original contract term was for three years beginning July 1, 2016 - June 30, 2019,
with one two-year renewal option to be exercised by the City Manager. The City
exercised the two-year renewal option on March 6, 2019 with a contract end date of
June 30, 2021. Approval of this request would extend the term to Dec. 31, 2021.
Financial Impact
The aggregate contract value remains the same. Funds are available from the U.S.
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Department of Health and Human Services, Administration of Children, Youth and
Families. There is no impact to the General Fund.
Concurrence/Previous Council Action
The contract was originally approved by City Council on April 4, 2016 by Ordinance S-
42448. City Council approved a two-year contract extension on March 6, 2019 by
Ordinance S-45416.
Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Human
Services Department.
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Report
Supporting documents
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Item text
Plan and 2020-21 and 2021-22 Annual Action Plans Lead Safe Phoenix Program
Amendment (Ordinance S-47589)
Request City Council approval of an Amendment to the 2020-24 Consolidated Plan
and 2020-21 and 2021-22 Annual Action Plans to expand the boundaries of the Lead
Safe Phoenix program to include a broader range of targeted geographic areas.
Summary
The 2020-24 Consolidated Plan defines how the City's Community Development Block
Grant (CDBG), Home Investment Partnership (HOME), Emergency Solutions Grant
(ESG), and Housing Opportunities for Persons with AIDS (HOPWA) funds will be used
to address housing and community development priorities and needs over a five-year
period. The Annual Action Plan further explains the specific goals and objectives the
City will achieve in the that year of the Consolidated Plan. In both plans, the Lead Safe
Phoenix program is identified as a tool to continue to advance the City's housing
rehabilitation strategy, particularly the reduction of lead-based paint hazards in
targeted high-risk areas of the city.
The Lead Safe Phoenix program, which is funded by the U.S. Department of Housing
and Urban Development (HUD) and administered by the Neighborhood Services
Department (NSD), provides grants to homeowners and tenants to protect children
and their families from the dangers of lead-based paint. The Lead Safe Phoenix
program is available to low- and moderate-income residents who live in homes built
prior to 1978, with a pregnant woman or child under the age of six.
The current Lead Safe Phoenix grant is limited to specific Phoenix zip codes, and
expires January 2022. Staff anticipates the next HUD lead and health homes grant
application to become available in the summer of 2021. The requested plan
amendments would allow the application for the next grant to include expanded
accessibility of the Lead Safe Phoenix program, better positioning the City to submit a
more competitive grant application and serve more Phoenix residents.
Financial Impact
These activities are funded by the U.S. Department of Housing and Urban
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Development; there is no impact to the General Fund.
Concurrence/Previous Council Action
The 2020-24 Consolidated Plan and 2020-21 Annual Action Plan was approved by City
Council on June 3, 2020. The 2021-22 Annual Action Plan was approved by City
Council on May 5, 2021.
Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Neighborhood
Services Department.
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Report
Supporting documents
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Item text
the Downtown Enhanced Municipal Services District (Ordinance S-47550)
Request to amend Ordinances S-47103 and S-46134 to allow additional expenditures
of $97,066 by Downtown Phoenix, Inc. (DPI) through the Phoenix Downtown
Enhanced Municipal Services District (EMSD) Agreement. The revised calendar year
(CY) 2021 budget will increase to a total not to exceed $3,759,771. Further request
authorization for the City Controller to disburse all funds related to this item. There is
no additional expense impact as a result of this action.
Summary
enhanced public services, above and beyond the level of services provided in the
remainder of the City. The City contracts directly with DPI to implement the work
program of the Downtown EMSD, including the Ambassadors program, streetscape
improvements and maintenance, the Clean Team program, marketing, event
promotion, business assistance and transportation services. Pursuant to State law,
each year a budget must be approved for the Downtown EMSD.
DPI is requesting to reallocate CY 2020 unspent funds into their CY 2021 budget.
Pursuant to City Contract No. 153585, which began on Jan. 1, 2021 and will expire on
Dec. 31, 2025, DPI is authorized to reallocate unspent funds from one budget year to
the next with City Council approval. Funds requested are to reimburse DPI for services
within the Downtown EMSD, such as public improvements in the right of way which
include trees and concrete work for tree replacement. The Community and Economic
Development Department works closely with DPI to manage the Downtown EMSD.
Financial Impact
Unspent funds in the amount of $97,066 from DPI's CY 2020 budget will be reallocated
to their CY 2021 budget for a total not to exceed $3,759,771. There is no additional
expense impact as a result of this action. Funds for this reallocation were approved as
part of DPI's CY 2020 budget that was authorized by City Council on Nov. 6, 2019.
Concurrence/Previous Council Action
Ordinance S-47103 was approved by City Council on Nov. 18, 2020 which authorized
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DPI's CY 2021 budget. Ordinance S-46134 was approved by City Council on Nov. 6,
2019 which authorized DPI's CY 2020 budget under the previous City Contract No.
141594. In addition, the DPI Board of Directors recommended approval of this
requested reallocation.
Location
The Downtown EMSD is generally bounded by Fillmore Street on the north, 7th Street
on the east, 3rd Avenue on the west, and on the south by the railroad tracks south of
Jackson Street.
Council Districts: 7 and 8
Responsible Department
This item is submitted by Interim Deputy City Manager John Chan and the Community
and Economic Development Department.
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Report
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Item text
S-47571)
Request authorization for the City Manager, or his designee, to enter into a contract
with Arbor E&T, LLC, dba Equus Workforce Solutions to provide one-stop operator
(OSO) services. The term of the initial contract will be for approximately 13 months
beginning on or about June 1, 2021 through June 30, 2022, with three, one-year
options to extend beginning on July 1, 2022. The aggregate value of the contract shall
not exceed $3,100,000. Further request authorization for the City Controller to
disburse all funds related to this item. There is no impact to the General Fund. Funding
is available from the Workforce Innovation and Opportunity Act (WIOA) grant.
Summary
The City of Phoenix Community and Economic Development Department, on behalf of
the Phoenix Business and Workforce Development Board, is responsible for procuring
and managing OSO Services in compliance with WIOA.
The OSO is responsible for ensuring services provided at the City’s three
ARIZONA@WORK City of Phoenix comprehensive job center locations and
throughout the One-Stop Network are easily accessible, customer-driven,
personalized, and responsive to the community's workforce development needs. The
ARIZONA@WORK City of Phoenix One-Stop Network offers comprehensive services
and resources to job seekers while partnering with employers to help meet their
workforce needs in the City of Phoenix.
The OSO will coordinate services throughout the ARIZONA@WORK City of Phoenix
service network, convene ARIZONA@WORK City of Phoenix workforce system
partners, provide the welcome function for customers at the comprehensive job
centers, support and continuously implement Integrated Service Delivery, perform
continuous internal improvement efforts, maintain a system for customer referrals
among workforce system partners, and comply with all WIOA regulations.
Procurement Information
Solicitation RFP-CED20-OSO, One-Stop Operator Services, was issued on Nov. 30,
2020 and conducted in accordance with the City’s Administrative Regulation for
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procurement. The City received five proposals, four of which were responsive to the
RFP’s requirements. An evaluation panel scored the responsive proposals based on
the following criteria:
· Proposer's Qualifications & Experience (0-300 points).
· Assigned Staff's Qualifications and Experience (0-275 points).
· Approach to Scope of Work (0-225 points).
· Proposed Budget (0-200 points).
Staff recommends the proposal offered by Arbor E&T, LLC, dba Equus Workforce
Solutions as the highest-scored, responsive and responsible proposal.
Contract Term
The initial term of the contract will be for 13 months starting on or about June 1, 2021,
with three, one-year renewal options which may be exercised at the City’s discretion.
The purpose of the 13-month initial term is to align the contract with the City’s fiscal
year, which begins on July 1. Additionally, the City's current OSO contract with
Goodwill of Central and Northern Arizona expires on June 30, 2021. The overlap in
services allows for a transition and seamless services for customers.
Financial Impact
The aggregate value of the OSO Services to be provided through this contract shall
not exceed $3,100,000. There is no impact to the General Fund. Funding is available
from the City’s allocation of federal WIOA funds.
Concurrence/Previous Council Action
This item was recommended for approval by the Workforce and Economic
Development Subcommittee at the April 28, 2021 meeting by a vote of 3-0.
Additionally, this item was approved at the Phoenix Business and Workforce
Development Board Executive Leadership Committee meeting on April 9, 2021.
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Community
and Economic Development Department.
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Report
Supporting documents
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Item text
(Ordinance S-47575)
Request to authorize the City Manager, or his designee, to execute a new three-year
agreement with Phoenix Sister Cities, Inc., beginning July 1, 2021 through June 30,
2024, to support program coordination in youth and education, municipal and technical
cooperation, business, and arts and culture with Phoenix's 10 Sister Cities. Funding for
the three-year contract will not exceed $220,000.
Summary
Phoenix Sister Cities, Inc. (PSC) is a 501(c)(3) nonprofit organization established in
1972. It is responsible for coordinating exchange programs in youth and education,
municipal and technical cooperation, business, and arts and culture with Phoenix's 10
Sister Cities. Currently, the City of Phoenix has Sister Cities relationships with Calgary,
Canada; Catania, Italy; Chengdu, China; Ennis, Ireland; Hermosillo, Mexico; Himeji,
Japan; Grenoble, France; Prague, Czech Republic; Ramat-Gan, Israel; and Taipei,
Taiwan.
PSC exists to create people-to-people relationships between the residents of Phoenix
and its Sister Cities through commercial, educational, cultural and artistic exchange
programs and events that create and sustain global, long-term, international
partnerships and business opportunities for Phoenix. The City of Phoenix has
contracted with PSC since the mid-1980s. The organization is administered by a Board
of Directors composed of PSC Commission members, appointed by the Mayor and
approved by the City Council, and the chairpersons of the 10 Sister Cities committees
and the Disability Awareness Committee. Currently, four other community members
serve as at-large Board members.
During the last contract period, July 1, 2018 through June 30, 2021, PSC coordinated:
· A 41-member delegation of Phoenix elected officials, business leaders and
residents to Taipei, Taiwan, in recognition of the 40th anniversary of our Sister Cities
relationship. Led by Mayor Gallego, the delegation itinerary included more than a
dozen meetings with Taiwanese businesses representing the biotech, robotics, high
tech, semiconductor and airline industries. Officials also participated in tours of
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Taipei's state-of-the-art Emergency Management Operations Center, a business
incubator, and the Jianking Public Housing Development. Officials met with Taipei's
"Go Smart" Smart Cities initiative staff, resulting in a continuing partnership around
Smart Cities projects between the two cities.
· An exchange of youth ambassadors with nine Sister Cities in Fiscal Year 2019.
During June, 26 Phoenix sophomores and juniors were home-hosted by families in
Phoenix's Sister Cities to experience everyday life in that city. In July, these youth
returned to Phoenix with their international counterparts to learn about Phoenix
efforts around public safety, Arizona government, and daily life in our community.
They also examined the role of the media in society, including touring Arizona State
University's Walter Cronkite School of Journalism and Mass Communication and
participating in a Zine Workshop.
· A virtual exchange of youth ambassadors with ten Sister Cities in Fiscal Year 2020.
Due to the COVID-19 pandemic, 26 Phoenix sophomores and juniors engaged
international counterparts through a Facebook group and online meetings, sharing
perspectives on the pandemic, sharing their homes and neighborhoods via photos
and videos, and talking about books, movies, and, being teens - favorite foods.
· A process to identify potential new Sister Cities relationships. PSC Board of
Directors and community volunteers are exploring potential relationships with up to
four possible sister cities, including Suwon, South Korea, which approached PSC
about a Sister Cities affiliation.
· A Trilateral Trade Conference in April 2021 that brought together business and
community leaders from Phoenix, Calgary and Hermosillo to explore opportunities
presented by the United States-Mexico-Canada Agreement (USMCA) trade
agreement for small to medium-sized enterprises. More than 30 panelists explored
topics including emerging technology and supply chain management, financing, the
"nuts and bolts" of Trilateral Trade, cross border trade and climate action, and
changing labor markets. Breakout sessions addressed topics including e-
commerce, biotech, commercial real estate, "physical" and cybersecurity, building a
digital strategy, and COVID travel disruptions and visas.
These activities are accomplished by outsourcing the coordination of events and
exchanges through a great number of PSC volunteers, totaling more than 100,000
hours and valued at more than $2.5 million over the last three years.
In March of 2020, Council approved an International Trade Strategy to advance the
City’s economic development activities with multiple partners internationally. Described
in the plan, amongst its many components, is the expansion of international inbound
and outbound delegations to grow new international activity as well as partnerships
with Phoenix hospitals to create a Destination Medicine/Healthcare Tourism program.
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Beginning in FY 2021, PSC would like to expand its scope beyond its traditional role
and provide support to the City’s International Trade Strategy. In order to meet this
expanded role, funding for PSC will support:
· Youth and Education activities around Sister Schools (a project originally
undertaken with Council Districts 1 and 3) and additional funding for Youth
Ambassador scholarships to increase opportunities for youth/families unable to
afford program costs (e.g., airfare, hosting);
· Staff support for the adoption of up to four new Sister Cities in the three-year
contract period: Suwon, South Korea; one in India at the Mayor’s suggestion; Cape
Town, South Africa; and Santiago, Chile (contingent upon City Council approval);
· Staff support for Business Development programs - Destination Medicine, Business
to Business activities in sister cities in support of new business locates and
increased foreign direct investment; and
· Support for programming associated with the 50th anniversary of PSC in calendar
year 2022 (overlapping two fiscal years).
The PSC program has been recognized by Sister Cities International for its excellence,
receiving the award for Best Overall Program in the United States (for a city with a
population over 500,001) nine times in the last 24 years. Most recently, PSC received
the Best Overall Program and Innovation in Youth and Education awards in 2015.
Contract Term
If approved, the term of this new three-year contract will be July 1, 2021 through June
30, 2024.
Financial Impact
City funds pay for staff salaries and benefits. All PSC exchanges, events and travel are
privately funded. The budget for the current three-year contract, ending June 30, 2021,
totals $142,500. Funding for the new three-year contract period ending June 30, 2024
will not exceed $220,000.
Over the term of this contract PSC will take a phased approach to expand the program
to meet the needs proposed in this report as well as other priorities of Council. Each
year of the contract will utilize the currently approved base budget of $50,000 from the
General Fund. In addition to the base budget, staff will utilize $70,000 from the
Downtown Community Reinvestment Fund to initiate the expansion of the program in
year one. If approved, staff will utilize the supplemental budget request process for
additional funding for years two and three of the program.
Page 95
Concurrence/Previous Council Action
This item was recommended for approval by the Workforce and Economic
Development Subcommittee at the April 28, 2021 meeting by a vote of 3-0.
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Community
and Economic Development Department.
Page 96
Report
Supporting documents
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Item text
Infrastructure Improvements (Ordinance S-47581)
Request to authorize the City Manager, or his designee, to negotiate and enter into a
development agreement, and any other agreements as necessary, with Laveen
Baseline LLC, or its City-approved designee, for the installation of public infrastructure
improvements located along 59th Avenue from Baseline Road to north of the South
Mountain Avenue alignment. Further request authorization for the City Controller to
disburse funds under the terms of the Agreements. Funding is available in the
Strategic Economic Development Fund.
Summary
Laveen Baseline LLC (Developer), owns an approximately 65-acre site located at the
southeast corner of the Loop 202 South Mountain Freeway and Baseline Road. In Fall
2019, the Developer finished construction on 150,000 square feet in the first phase of
the Laveen Park Place project, which includes a grocery store, two major anchor
retailers, restaurants and accompanying shops. The Developer proposes to construct
a 50,000+ square foot highly desired lifestyle center to include new destination retail, a
new movie theater/entertainment complex, as well as accompanying restaurants and
shops (Project). The Project is expected to be an amenity-rich center that will serve
residents and employees living and working in and around the South Mountain
Technology Corridor and the community at large. The Project is the second phase of
the Laveen Park Place Lifestyle Center.
This area of Phoenix continues to be a high demand and high growth area for both
new residential and employment. The Project will add to this growth, as it is expected
to add several hundred new jobs to the area in the next five years. To accommodate
this growth, additional traffic, and the creation of the Project, additional public
infrastructure improvements are required. Through a development agreement (DA),
the Developer will construct the required public infrastructure improvements, and the
City will reimburse the Developer up to $2.5 million upon completion of construction,
the City's acceptance of the improvements and the dedication of the public
improvements to the City, for the required public infrastructure improvements as
follows:
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· Half street construction of 59th Avenue from Baseline Road to north of the South
Mountain Avenue alignment, including excavation, site work, surveying, engineering
design, permitting, bonding, and construction of all public facilities (including
hardscape and landscape) relating to the public infrastructure improvements.
· Developer will privately finance and construct the public infrastructure
improvements.
· Developer must comply with Title 34 of the Arizona Revised Statutes in constructing
the public infrastructure improvements to qualify for reimbursement, and the
specifics and cost of the public infrastructure improvements must be pre-approved
by the City in order to qualify for reimbursement.
· Developer is required to construct the Project and required public infrastructure
improvements within 10 years of entering into the DA with the City.
· The maximum reimbursement amount for the public infrastructure improvements,
as they relate to the Project, will not exceed $2,500,000 and annual reimbursement
will not exceed $250,000.
· Reimbursement shall not exceed actual verifiable costs for the approved public
infrastructure improvements.
· Reimbursement will not begin until after the Developer completes the public
infrastructure improvements, and the City accepted those improvements.
· The DA, and any other agreements as necessary, will include other terms and
conditions as deemed necessary by the City.
The Project is an important economic development opportunity for the Laveen area
that will create several hundred new jobs over time for the community, and will yield
significant financial and public benefits for the City of Phoenix.
Contract Term
If approved, the term will be for 10 years from the completion of construction of the
public infrastructure improvements.
Financial Impact
The maximum reimbursement amount will be $2.5 million with annual reimbursements
not to exceed $250,000. Funding is available in the Strategic Economic Development
Fund beginning in Fiscal Year 2022-2023.
Concurrence/Previous Council Action
This item was recommended for approval by the Workforce and Economic
Development Subcommittee at the April 28, 2021 meeting by a vote of 3-0.
Page 98
Location
Southeast corner of the Loop 202 South Mountain Freeway and Baseline Road.
Council Districts: 7 and 8
Responsible Department
This item is submitted by Interim Deputy City Manager John Chan and the Community
and Economic Development Department.
Page 99
Report
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Item text
Fire Code and Modification of Fire Prevention Fee Schedule (Ordinance G-6854)
Request City Council authorization to adopt an ordinance making amendments to the
Phoenix Fire Code and modifications to the Phoenix Fire Prevention Fee Schedule,
Phoenix City Code, Chapter 15, Appendix A.
Summary
The 2018 International Fire Code with Phoenix amendments was adopted by the
Phoenix City Council on March 4, 2020 and codified on April 4, 2020. As with any large
code that is actively utilized by the community, clarifications, adjustments and
amendments are often implemented to ensure the code language is clear,
understandable, concise, and provides consistent outcomes for renewable energy
contractors, fire protection contractors, construction contractors, radio
communications, the high-rise community, developers, and other industry groups. The
clarifications, adjustments, and amendments that have been identified in the Phoenix
Fire Prevention Fee Schedule are intended to provide clarified language to meet our
residents, businesses, and development community’s needs in order to provide
consistent outcomes of fire code interpretation. This action will ensure the City of
Phoenix is utilizing a progressive code that reflects the current evolution of building
materials, technologies, and industry practice to provide safety and reduce the cost of
construction and compliance.
The Fire Safety Advisory Board (FSAB) has reviewed the attached amendments to the
Phoenix Fire Code and modifications to the Phoenix Fire Prevention Fee Schedule
and has approved the changes in a public meeting.
The full details of the proposed amendments to the Fire Code are provided in the
attachment, “Proposed Clarifications, Adjustment, and Amendments to the City of
Phoenix 2018 Fire Prevention Code” and proposed modifications to the Fee Schedule
are provided in the attachment, "Proposed Adjustment to the City of Phoenix Fire
Prevention Fee Schedule."
On March 16, 2021, pursuant to Arizona Revised Statutes section 9-499.15, the City of
Phoenix provided notice to the public of proposed adoptions of, or changes to,
Page 100
municipal taxes or fees. Specifically, the Phoenix Fire Department posted notice of its
intent to standardize and alter fees charged for Fire Prevention permits and associated
activities. These fees cover administrative, educational, investigative and inspection-
related costs related to enforcement of the Phoenix Fire Code, Chapter 15 Revision on
March 4, 2020 by Ordinance G-6677, effective April 4, 2020. The Fee Schedule can be
viewed at
The effective date of the Phoenix Fire Prevention Fee Schedule, Appendix A, if
adopted by Council, would be approximately 30 days following City Council Formal
approval.
Public Outreach
On March 16, 2021, pursuant to Arizona Revised Statutes section 9-499.15, the City of
Phoenix provided notice to the public of proposed adoptions of, or changes to,
municipal taxes or fees.
Responsible Department
This item is submitted by Assistant City Manager Jeff Barton and the Fire Department.
Page 101
Proposed Clarifications, Adjustment and Amendments to the City of Phoenix
2018 Fire Prevention Code (2018 International Fire Code {IFC} with Phoenix
Amendments) currently adopted by Ordinance Number G-6677 § 1, 2020
Strikethrough represents proposed code text deletion and underscore represents text addition
Updated 3/8/2021
Code Change Categories
ERRC (Emergency Two-Way Agro, Wood Chip, Photovoltaic/Solar Chapter 80 NFPA
Radio Coverage Hardwired Fire and Mulch and Energy Standards
Systems) Communications Facilities Storage Systems
1. Section 510.4.1.2 Minimum signal strength out of the building. The minimum outbound signal
510.4.1.2 strength shall be sufficient to provide usable voice communications throughout the
coverage area as specified by the fire code official. The outbound signal level shall be
sufficient to provide not less than a DAQ of 3.0 or an equivalent SINR applicable to the
technology for either analog or digital signals. A Bit Error Rate (BER) of 2.6%. is
equivalent to a DAQ 3.0 and is acceptable to meet this equivalency.
Reason: Current fire code requires system acceptance testing meet a minimum of 3.0 on the DAQ scale.
The Regional Wireless Cooperative (RWC) recommends any emergency responder radio coverage
system (ERRCS) on their network meet a Bit Error Rate (BER) of 2.6% as a more effective alternative
acceptable method of measurement. A BER of 2.6% is equal to a DAQ 3.0 as noted in a National
Telecommunications and Information Administration (NTIA) report 99-358, Delivered Audio Quality
Measurements on Project 25 Land Mobile Radios. This report was created by the U.S. Department of
Commerce. By adopting the ERRCS testing of BER 2.6%, this action will help standardize all in-building
treatments throughout the City of Phoenix. BER is measurable data and can be provided by the vendor
on their testing result grid reports.
Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.
2. Section 508.1.6.2 Fire Department Communications System. Two way hard wired
508.1.6.2 communication system is required in high rise buildings
Reason: Two way hard wired communication system is required in high rise buildings to augment the
VHF radio system used by the Phoenix Fire Department on hazard scenes such as fires, hazmat incidents
and environmental hazards. Base International Fire Code language assumes that in building emergency
VHF radio coverage is provided for fire fighter use and removed this wired system requirement.
Technological limitations do not allow for this proper coverage currently. Therefore, wire
communications are still required for fire fighter safety during high rise fire incidents.
Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.
Page 102
Proposed Clarifications, Adjustment and Amendments to the City of Phoenix
2018 Fire Prevention Code (2018 International Fire Code {IFC} with Phoenix
Amendments) currently adopted by Ordinance Number G-6677 § 1, 2020
Strikethrough represents proposed code text deletion and underscore represents text addition
Updated 3/8/2021
3. Section 907.2.12.2 Fire department communication system.
907.2.12.2 Two way hard wired fire department communication system is required in high-rise
buildings. In other buildings Wwhere a wired communication system is approved in lieu
of an emergency responder radio coverage system in accordance with Section 510, the
wired fire department communication system shall be designed and installed in
accordance with NFPA 72 and shall operate between a fire command center complying
with Section 508, elevators, elevator lobbies, emergency and standby power rooms,
fire pump rooms, areas of refuge and inside interior exit stairways. The fire department
communication device shall be provided at each floor level within the interior exit
stairway.
Reason: Two way hard wired communication system is required in high rise buildings to augment the
VHF radio system used by the Phoenix Fire Department on hazard scenes such as fires, hazmat incidents
and environmental hazards. Base International Fire Code language assumes that in building emergency
VHF radio coverage is provided for fire fighter use and removed this wired system requirement.
Technological limitations do not allow for this proper coverage currently.
Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.
4. Section 914.3.5 914.3.5 Emergency voice/alarm communication system. An emergency voice/alarm
communication system shall be provided in accordance with Section 907.6.2.2. Two
way hard wired fire department communication system is required in high-rise
buildings.
Reason: Two way hard wired communication system is required in high rise buildings to augment the
VHF radio system used by the Phoenix Fire Department on hazard scenes such as fires, hazmat incidents
and environmental hazards. Base International Fire Code language assumes that in building emergency
VHF radio coverage is provided for fire fighter use and removed this wired system requirement.
Technological limitations do not allow for this proper coverage currently. Therefore, wire
communications are still required for fire fighter safety during high rise fire incidents.
Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.
Page 103
Proposed Clarifications, Adjustment and Amendments to the City of Phoenix
2018 Fire Prevention Code (2018 International Fire Code {IFC} with Phoenix
Amendments) currently adopted by Ordinance Number G-6677 § 1, 2020
Strikethrough represents proposed code text deletion and underscore represents text addition
Updated 3/8/2021
5. Section 2808.7.3 Conveyor Systems Automatic sprinkler protection shall be provided in
2808.7.3 conveyor tunnels and combustible enclosures that pass under a pile. Combustible
conveyor systems and enclosed conveyor systems shall be equipped with an approved
automatic sprinkler system
Reason: Duplicate to section 2808.7
Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.
6. Section 2808.7.4.3 Fire Hydrants. The fire code official may increase the distance required to a
2808.7.4 fire hydrant as set forth in Section 507 where the conditions of this section are
complied with. The omitting of an on-site hydrant or increased overall distance to the
nearest hydrants will be evaluated with the application for permit.
Reason: To correct numbering sequence after section 2808.7.3 is removal.
Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.
7. Section 2808.9 2808.9 Material-handling equipment. Approved material handling equipment shall be
available for moving wood chips, hogged material, wood fines and raw product during
fire-fighting operations. by contract to aid in the event of emergency for moving wood
chips and hogged material. Equipment available shall include:
1. Equipment to move stored material during a fire
2. Water trucks
3. Water pumps if using pond for any piece of water source
Reason: Allows customer to have a heavy equipment rental agreement rather than equipment on site at
all times.
Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.
Page 104
Proposed Clarifications, Adjustment and Amendments to the City of Phoenix
2018 Fire Prevention Code (2018 International Fire Code {IFC} with Phoenix
Amendments) currently adopted by Ordinance Number G-6677 § 1, 2020
Strikethrough represents proposed code text deletion and underscore represents text addition
Updated 3/8/2021
8. Section 2808.6 2808.6.1 Internal temperature. If any location in a pile is found to have an internal
temperature of 160°F (71° C) immediate action must be taken to reduce the
temperature. If any location in a pile is found to have an internal temperature of 180º F
(82ºC) or greater, the following procedures must immediately be taken:
1. The area with the high temperature shall be dug out of the main pile. This
overheated material shall be pushed out in the designated push out area. The material
shall be no greater than 3ft. in depth in the push out area.
2. Water shall be stationed closely to the affected area, prior to digging out the
hotspot, to
immediately douse any flare ups that may occur when air is added to overheated area.
3. Continual temperature probing and removal of material greater than 180° F (82° C)
shall be conducted until all overheated material is separated into the push out area.
Reason: Clarification as to how a pile shall be monitored as currently required by Section 2808.6 Static
Pile Protection.
Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.
9. Section 2808.7.1 Delivery and tipping area. Not more than two designated tipping areas may
2808.7.1 be provided at a single facility and Delivery and tipping areas shall be shown on the
approved facility site plan. Tipping areas shall comply with the following:
1. Size. Tipping areas shall not exceed a maximum area of 50 feet by (15 240 mm) by 50
feet (15 240 mm).
2. Height. Material within a tipping area shall not exceed 5 feet (1524 mm) in height at
any time.
3. Separation. Tipping areas shall be separated from all piles and other tipping areas by
a fire access lane that is not less than 20 feet (6096 mm) wide.
4. Water system. A water system shall be available to wet down/ cool the raw product
in case of fire within the tipping area.
5. Duration. Raw product shall be kept in tipping area long enough to ensure no load
was delivered that is already over heated. Raw product shall be
less than 160° F before mixing with main pile.
Reason: Limit of “not more than two” was an error in the original language.
Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.
Page 105
Proposed Clarifications, Adjustment and Amendments to the City of Phoenix
2018 Fire Prevention Code (2018 International Fire Code {IFC} with Phoenix
Amendments) currently adopted by Ordinance Number G-6677 § 1, 2020
Strikethrough represents proposed code text deletion and underscore represents text addition
Updated 3/8/2021
10. Section 202 TIPPING AREA. An area within an solid waste management facility or recycling agro-
industrial, solid biomass facility for vehicles to unload new material. solid wastes or
recyclables.
Reason: Correct the language of a tipping area. Was not the intention
Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.
11. Section 1204.2.1 Solar photovoltaic systems for Group R-3 buildings. Solar photovoltaic
1204.2.1 systems for Group R-3 buildings shall comply with Sections 1204.2.1.1 through
1204.2.1.3
Reason: As a result of continued dialog with the solar industry and other stakeholders, we are altering
the numbering sequence of this section to reflect additional solar code changes below
Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.
12. Section 1204.2.1.1 Roof access points. Roof access points shall be located in areas that do not
1204.2.1.1 require the placement of ground ladders over openings such as windows or doors and
located at strong points of building construction in locations where the access point
does not conflict with overhead obstructions such as tree limbs, wires, or signs.
1204.2.1.1 Pathways to ridge. Not fewer than two 36 inch- wide (914 mm) pathways
on separate roof planes, from lowest roof edge to ridge, shall be provided on all
buildings. Not fewer than one pathway shall be provided on the street or driveway side
of the roof. For each roof plane with a photovoltaic array, not fewer than one 36-inch-
wide (914 mm) pathway from lowest roof edge to ridge shall be provided on the same
roof plane as the photovoltaic array, on an adjacent roof plane or straddling the same
and adjacent roof planes.
Reason: As a result of continued dialog with the solar industry and other stakeholders, we will be
reverting this section to base 2018 International Fire Code language.
Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.
Page 106
Proposed Clarifications, Adjustment and Amendments to the City of Phoenix
2018 Fire Prevention Code (2018 International Fire Code {IFC} with Phoenix
Amendments) currently adopted by Ordinance Number G-6677 § 1, 2020
Strikethrough represents proposed code text deletion and underscore represents text addition
Updated 3/8/2021
13. Section 1204.2.1.2 Residential systems for one- and two- family dwellings. Access to
1204.2.1.2 residential systems for one- and two- family dwellings shall be provided in accordance
with Sections 1204.2.1.3 through 1204.2.1.6.
1204.2.1.2 Setbacks at ridge. For photovoltaic arrays occupying 33 percent or less of
the plan view total roof area, a setback of not less than 18 inches (457 mm) wide is
required on both sides of a horizontal ridge. For photovoltaic arrays occupying more
than 33 percent of the plan view total roof area, a setback of not less than 36 inches
(457 mm) wide is required on both sides of a horizontal ridge.
Reason: As a result of continued dialog with the solar industry and other stakeholders, we will be
reverting this section to base 2018 International Fire Code language.
Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.
14. Section 1204.2.1.3 Residential buildings with hip roof layouts. Panels/modules installed on
1204.2.1.3 residential buildings with hip roof layouts shall be located in a manner that provides a
3- foot-wide (914 mm) clear access pathway from the eave to the ridge on each roof
slope where panels/modules are located. The access pathway shall be located at a
structurally strong location on the building capable of supporting the live load of fire
fighters accessing the roof.
1204.2.1.3 Alternative setbacks at ridge. Where an automatic sprinkler system is
installed within the dwelling in accordance with Section 903.3.1.3, setbacks at the ridge
shall conform to one of the following:
1. For photovoltaic arrays occupying 66 percent or less of the plan view total roof
area, a setback of not less than 18 inches (457 mm) wide is required on both sides of a
horizontal ridge.
2.For photovoltaic arrays occupying more than 66 percent of the plan view total roof
area, a setback of not less than 36 inches (914 mm) wide is required on both sides of a
horizontal ridge.
Reason: As a result of continued dialog with the solar industry and other stakeholders, we will be
reverting this section to base 2018 International Fire Code language.
Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.
Page 107
Proposed Clarifications, Adjustment and Amendments to the City of Phoenix
2018 Fire Prevention Code (2018 International Fire Code {IFC} with Phoenix
Amendments) currently adopted by Ordinance Number G-6677 § 1, 2020
Strikethrough represents proposed code text deletion and underscore represents text addition
Updated 3/8/2021
15. Section 1204.2.1.4 Residential buildings with a single ridge. Panels/modules installed on
1204.2.1.4 residential buildings with a single ridge shall be located in a manner that provides two,
3-foot-wide (914 mm) access pathways from the eave to the ridge on each roof slope
where panels/modules are located.
Reason: As a result of continued dialog with the solar industry and other stakeholders, we will be
reverting this section to base 2018 International Fire Code language.
Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.
16. Section 1204.2.1.5 Residential buildings with roof hips and valleys. Panels/modules installed
1204.2.1.5 on residential buildings with roof hips and valleys shall be located no closer than 18
inches (457 mm) to a hip or a valley where panels/modules are to be placed on both
sides of a hip or valley. Where panels are to be located on only one side of a hip or
valley that is of equal length, the panels shall be permitted to be placed directly
adjacent to the hip or valley.
Reason: As a result of continued dialog with the solar industry and other stakeholders, we will be
reverting this section to base 2018 International Fire Code language.
Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.
17. Section 1204.2.1.6 Residential building smoke ventilation. Panels/modules installed on
1204.2.1.6 residential buildings shall be located no higher than 3 feet below the ridge in order to
allow for fire department smoke ventilation operations.
Reason: As a result of continued dialog with the solar industry and other stakeholders, we will be
reverting this section to base 2018 International Fire Code language.
Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.
Page 108
Proposed Clarifications, Adjustment and Amendments to the City of Phoenix
2018 Fire Prevention Code (2018 International Fire Code {IFC} with Phoenix
Amendments) currently adopted by Ordinance Number G-6677 § 1, 2020
Strikethrough represents proposed code text deletion and underscore represents text addition
Updated 3/8/2021
18. Chapter 80 NFPA 2 Hydrogen Technologies Code 2016 2020
NFPA 12 Standard on Carbon Dioxide Extinguishing Systems 2015 2018
NFPA 13 Standard for the Installation of Sprinkler Systems 2016 2019
NFPA 13D Standard for the Installation of Sprinkler Systems in One- and Two-Family
Dwellings and Manufactured Homes 2016 2019
NFPA 13R Standard for the Installation of Sprinkler Systems in Low-Rise Residential
Occupancies 2016 2019
NFPA 14 Standard for the Installation of Standpipe and Hose Systems 2014 2019
NFPA 16 Standard for the Installation of Foam-Water Sprinkler and Foam-Water
Spray Systems 2015 2019
NFPA 24 Standard for the Installation of Private Fire Service Mains and Their
Appurtenances 2016 2019
NFPA 30B Code for the Manufacture and Storage of Aerosol Products 2015 2019
NFPA 33 Standard for Spray Application Using Flammable or Combustible Materials
2016 2018
NFPA 34 Standard for Dipping, Coating and Printing Processes Using Flammable or
Combustible Liquids 2015 2018
NFPA 45 Standard on Fire Protection for Laboratories Using Chemicals 2015 2019
NFPA 52 Vehicular Natural Gas Fuel Systems Code 2016 2019
NFPA 55 Standard for storage, use and handling of compressed gases and cryogenic
Fluids in portable and stationary containers, cylinders and tanks 2016 2020
Page 109
Proposed Clarifications, Adjustment and Amendments to the City of Phoenix
2018 Fire Prevention Code (2018 International Fire Code {IFC} with Phoenix
Amendments) currently adopted by Ordinance Number G-6677 § 1, 2020
Strikethrough represents proposed code text deletion and underscore represents text addition
Updated 3/8/2021
NFPA 61 Standard for the Prevention of Fires and Dust Explosions in Agricultural and
Food Processing Facilities 2017 2020
NFPA 69 Standard on Explosion Prevention Systems 2014 2019
NFPA 72 National Fire Alarm and Signaling Code 2016 2019
NFPA 86 Standard for Ovens and Furnaces 2015 2019
NFPA 92 Standard for Smoke Control Systems 2015 2018
NFPA 110 Standard for Emergency and Standby Power Systems 2016 2019
NFPA 111 Standard for Stored Electrical Energy Emergency and Standby Power
Systems 2016 2019
NFPA 160 Standard for the Use of Flame Effects Before an Audience2016 2021
NFPA 241 Standard for Safeguarding Construction, Alteration, and Demolition
Operations 2013 2019
NFPA 484 Standard for Combustible Metals 2015 2019
NFPA 652 The Fundamentals of Combustible Dust 2016 2019
NFPA 654 Standard for Prevention of Fire and Dust Explosions from the
Manufacturing, Processing and Handling of Combustible Particulate Solids 2017 2020
NFPA 664 Standard for the Prevention of Fires and Explosions in Wood Processing
and Woodworking Facilities 2017 2020
NFPA 853 Installation of Stationary Fuel Cell Power Systems 2015 2020
NFPA 914 Code for Fire Protection of Historic Structures 2015 2019
Page 110
Proposed Clarifications, Adjustment and Amendments to the City of Phoenix
2018 Fire Prevention Code (2018 International Fire Code {IFC} with Phoenix
Amendments) currently adopted by Ordinance Number G-6677 § 1, 2020
Strikethrough represents proposed code text deletion and underscore represents text addition
Updated 3/8/2021
NFPA 1126 Standard for the Use of Pyrotechnics Before a Proximate Audience 2016
NFPA 2001 Standard on Clean Agent Fire Extinguishing Systems 2015 2018
Reason: Updating current fire code adopted NFPA Standards to currently published editions. Allows use
of latest testing, technology and code developments. Improves cross reference compatibility of codes.
Action Taken: Presented to the Fire Safety Advisory Board on 3/11/2021.
End of Changes
Page 111
Report
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Item text
(Ordinance S-47579)
Request retroactive authorization for the City Manager, or his designee, to allow the
Police Department to apply for, accept, and enter into an agreement with the Arizona
Criminal Justice Commission for the Crime Reduction Pilot Project grant. Funding
provided under this grant will not exceed $15,000. Further request authorization for the
City Treasurer to accept, and the City Controller to disburse, all funds related to this
item.
Summary
The purpose of this grant is to provide funding to promote the objectives of the
Restructuring Area Dynamic and Relationships (RADAR) program. This program
concentrates on the social network theory and mismanaged properties to reduce calls
for service and crime rates instead of arrests and prosecutions, seizure of contraband
and serving of search warrants. The objective is to identify high crime areas and
related properties attracting high calls for service and work with the property owners to
combat property damage and crime.
Contract Term
One year beginning July 1, 2021 through June 30, 2022.
Financial Impact
The amount of funding available is $15,000. No matching funds are required.
Responsible Department
This item is submitted by Assistant City Manager Jeff Barton and the Police
Department.
Page 112
Report
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Item text
Request to authorize the City Manager, or his designee, to enter into a contract with
IAC/Instrumentation and Controls LLC to supply Mine Safety Appliance brand
environmental sensor parts to monitor harmful combustible gases occupied in confined
spaces, on an as-needed basis at Phoenix Sky Harbor International, Deer Valley and
Goodyear airports. Further request to authorize the City Controller to disburse all funds
related to this item. The agreement value will not to exceed $100,000.
Summary
The Aviation Department utilizes environmental sensors to monitor air quality in the
terminals, baggage handling areas, fleet maintenance areas, confined spaces, and
other locations at all City-owned airports. These environmental sensors ensure safe air
quality for employees and the traveling public, and require replacement after two years
of use.
The Aviation Department requests to continue to use the Mine Safety Appliance (MSA)
environmental sensor parts to ensure standardization, compatibility, durability, and cost
efficiency. Data monitoring panels are integrated with the MSA environmental sensor
parts for collecting required air quality information. The standardization of
environmental sensor parts will ensure compatibility with the existing data monitoring
panels and will ensure efficient and compatible connectivity in the testing and
calibration process. Additionally, the MSA environmental sensors come with enclosed
steel cases which are less likely to receive potential and unintended damage in high
traffic areas.
The Occupational Safety and Health Administration (OSHA) and the American Society
of Heating, Refrigeration and Air-Conditioning Engineers (ASHRAE) regulations
require that these sensors remain in continuous operation while monitoring the air
quality in the facilities for passenger safety and comfort. The MSA environmental
sensors will allow the City’s airports to achieve cost efficiencies in the scheduled
replacement process.
Procurement Information
In accordance with Administrative Regulation 3.10, a Special Circumstances
Page 113
Determination Memo was approved to contract with IAC/Instrumentation and Controls
LLC. IAC/Instrumentation and Controls LLC is the authorized manufacturer
representative for MSA environmental sensor components and spare parts, and is
authorized to service MSA parts and provide necessary coordination for the required
MSA warranty claims directly.
Contract Term
The contract will begin on or about June 1, 2021 for a five-year aggregate term with no
options to extend.
Financial Impact
The contract value will not exceed $100,000. Funding is available in the Aviation
Department's budget.
Location
Phoenix Sky Harbor International Airport - 3400 E. Sky Harbor Blvd.
Phoenix Deer Valley Airport - 702 W. Deer Valley Road
Phoenix Goodyear Airport - 1658 S. Litchfield Road, Goodyear, Ariz.
Council Districts: 1, 8 and Out of City
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation
Department.
Page 114
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Item text
Recommendation (Ordinance S-47553)
Request to authorize the City Manager, or his designee, to enter into an agreement
with Cyclone Technology LLC to provided equipment, equipment upgrades, parts and
repair services on the Aviation Department existing runway rubber and paint remover
and four hard surface cleaners at Phoenix Sky Harbor International Airport on an as-
needed basis. Further request to authorize the City Controller to disburse all funds
related to this item. The agreement value will not exceed $700,000.
Summary
The Aviation Department’s existing rubber and paint remover and four hard surface
cleaners (collectively referred as Airfield Maintenance Equipment) and components are
proprietary and only manufactured by Cyclone Technology LLC (Cyclone). Cyclone
owns all intellectual property rights for this Airfield Maintenance Equipment which
includes patent pending, trademarks, and copyrights for the proprietary technology in
the manufacturing and application of Cyclone products and original equipment
manufacturer parts and service.
The Airfield Maintenance Equipment is essential to the Phoenix Sky Harbor
International Airport (PHX) maintenance activities for complying with Federal Aviation
Administration part 139 regulations. PHX utilizes this equipment for runway rubber
removal, paint removal, regular cleaning to all airport gate areas, baggage makeup
areas, common use receiving docks, waste collection sites, and various other airport
owned properties. Contracting with Cyclone will ensure the equipment is maintained in
good working condition and will reduce the equipment downtime for the taxiway and
runway.
Procurement Information
In accordance with Administrative Regulation 3.10, a Special Circumstances
Determination Memo was approved to contract with Cyclone.
The Cyclone runway rubber and paint removal machine and the hard surface cleaners
are proprietary to Cyclone. The equipment repair and maintenance services,
replacement parts and upgrade of the existing equipment are to be fulfilled by Cyclone
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as they do not sell the equipment, equipment parts, components or services through
dealers, distributors, contractors or subcontractors but only through Cyclone.
Contract Term
The contract will begin on or about June 1, 2021 for a five-year aggregate term with no
options to extend.
Financial Impact
The agreement value will not exceed $700,000. Funding is available in the Aviation
Department’s budget.
Location
Phoenix Sky Harbor International Airport , 3400 E. Sky Harbor Blvd.
Council District: 8
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation
Department.
Page 116
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Item text
(Ordinance S-47560)
Request to authorize the City Manager, or his designee, to enter into an agreement
with Bird and Bug Ventures, LLC, dba Anderson Lock & Safe, to provide preventative
maintenance and required service on Trilogy and electronic locks. Further request to
authorize the City Controller to disburse all funds related to this item. The agreement
value will not exceed $575,000.
Summary
The contractor will provide monthly preventative maintenance and services for
approximately 1,510 Trilogy and electric locks throughout Phoenix Sky Harbor
International Airport, Phoenix Goodyear Airport and Phoenix Deer Valley Airport.
Procurement Information
An Invitation for Bid (IFB) 20-015 was conducted in accordance with Administrative
Regulation 3.10. One bid was received on March 9, 2021 from Anderson Lock & Safe.
The offer was evaluated based on the minimum qualifications, price, responsible and
responsive to provide the required services. The offer from Anderson Lock & Safe is
deemed to be fair and reasonable based on the market and compliable agreement
pricing.
Contract Term
The agreement will begin on or about June 1, 2021 for a five-year aggregate term with
no options to extend.
Financial Impact
The agreement value will not exceed $575,000. Funding is available in the Aviation
Department’s budget.
Location
Phoenix Sky Harbor International Airport - 3400 E. Sky Harbor Blvd.
Phoenix Deer Valley Airport - 702 W. Deer Valley Road
Phoenix Goodyear Airport - 1658 S. Litchfield Road, Goodyear, Ariz.
Council Districts: 1, 8 and Out of City
Page 117
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation
Department.
Page 118
Report
Supporting documents
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Item text
(Ordinance S-47567)
Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 154016 with American Greyhound Racing, Inc to allow Greyhound Racing,
Inc to implement a Fire Watch and secure a company to remove Fire Load from the
Grandstand Building located at 3801 E. Washington St. in exchange for rent credits.
Further request to authorize the City Controller to disburse all funds related to this
item. Rent credits allowed in exchange would not to exceed $336,000.
Summary
The Grandstand Building (Grandstand) is located on land owned by the City at 3801 E.
Washington St. In the past year, the Grandstand has been targeted by copper thieves
who illegally removed copper wire and pipes from the fire alarm and fire suppression
systems rendering the systems inoperable. A subsequent inspection by the Fire
Department led to the issuance of a Notice of Non-Compliance due to the inoperable
condition of the systems. The Aviation Department appealed the Notice of Non-
Compliance and the Fire Department approved the appeal with stipulations that a Fire
Watch be implemented, which requires the Grandstand to be monitored 24/7 and
internally inspected every hour. The Fire Department also required that all non-affixed
flammable items, referred to as Fire Load, be removed from the building. The Fire
Department requires these stipulations remain in effect until the Grandstand is
demolished. The Aviation Department has initiated the demolition process which is
estimated to take up to 11 months.
Financial Impact
Expenses for implementing the Fire Department's requirements are estimated to be
$16,000 per month for the Fire Watch and $160,000 for removal of the Fire Load.
Greyhound has agreed to provide the Fire Watch in exchange for a monthly rent credit
of up to $16,000 and will secure a company to remove the Fire Load in exchange for
additional rent credits of up to $160,000. The total expenditures paid through rent
credits will not exceed $336,000 over the estimated 11-month Fire Watch period.
Concurrence/Previous Council Action
The City Council approved Substitute Ground Lease Agreement 154016 (Ordinance S-
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47363) on March 3, 2021.
Location
3801 E. Washington St.
Council District: 8
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation
Department.
Page 120
Report
Supporting documents
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Item text
Airport (Ordinance S-47569)
Request to authorize the City Manager, or his designee, to enter into a Billboard
Concession Lease Agreement with Becker Boards Small, LLC at Phoenix Sky Harbor
International Airport for 10 years with one 10-year renewal option.
Summary
There are currently five revenue generating billboards located on Aviation Department
property, including two static billboards located along Interstate 10 and three others at
various locations. The two existing static billboard contracts along Interstate 10 have
expired and have been operating month-to-month. In an effort to procure new revenue
sources, the Aviation Department has identified underutilized, non-aeronautical land
along State Route 143 that is suitable for the installation of three new billboards.
On Sept. 16, 2020, the Phoenix City Council authorized the Aviation Department to
issue a Revenue Contract Solicitation for the upgrading of two existing static billboards
along Interstate 10 to digital billboards (Package 1), and the installation of three new
digital billboards along State Route 143 (Package 2).
The goals of the Revenue Contract Solicitation (RCS) were to select a Respondent
with extensive experience operating outdoor billboards and advertising.
Procurement Information
On Sept. 28, 2020, the Aviation Department issued RCS 21-004 and responses were
due Dec. 4, 2020 by 10 a.m. (local AZ time). Three responses were received on Dec.
4, 2020. Two Respondents were issued a Determination of Non-Responsiveness due
to the firms’ failure to comply with the Solicitation requirements. One Respondent was
deemed responsive.
On Feb. 8, 2021, the evaluation panel met and evaluated the responsive Respondent
based on the published evaluation criteria:
· Proposed Minimum Annual Guarantee (MAG) (400 points);
· Business and marketing plan (350 points); and
· Qualifications and experience (250 points).
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The Panel recommendation was reached by consensus of the panel in consideration
of these criteria.
After a local and national outreach effort and a competitive solicitation, Becker Boards
Small, LLC is recommended for award of the Billboard Concessions Lease for both
Packages 1 and 2, with 810 out of 1,000 points for both packages.
The City Transparency Policy is in effect until the contract resulting from this RCS is
awarded by City Council.
Public Outreach
A Business Information Meeting was held on Sept. 1, 2020. A Pre-Proposal Meeting
was held on Oct. 7, 2020.
Contract Term
The term will be 10 years, with one 10-year renewal option, which shall be exercised at
the sole discretion of the Director of Aviation Services.
Financial Impact
First year annual revenue will be approximately $685,000 (MAG) or 60 percent of
gross sales, whichever is greater. For every year thereafter, MAG shall be adjusted to
75 percent of the prior years’ annual rent payment or 100 percent of the previous
year’s MAG, whichever is greater.
Concurrence/Previous Council Action
The Phoenix Aviation Advisory Board recommended approval of this item on April 15,
2021, by a vote of 8-1.
Location
Phoenix Sky Harbor International Airport - 3400 E. Sky Harbor Blvd.
Council District: 8
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation
Department.
Page 122
Report
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Item text
Airport (Ordinance S-47576)
Request to authorize the City Manager, or his designee, to enter into an agreement
with Ace Parking Management, Inc. to provide parking management services for the
Aviation Department. Further request to authorize the City Controller to disburse all
funds related to this item. The agreement value will not exceed $110 million.
Summary
Parking is the largest non-aeronautical revenue source at Phoenix Sky Harbor
International Airport; therefore, the successful Proposer must have extensive
experience operating a large airport-owned parking portfolio with results in delivering
innovative strategies to improve customer service, increase market penetration, and
revenue growth. Parking at Phoenix Sky Harbor International Airport is comprised of
over 26,000 spaces that operate 24 hours-per-day and 365 days-per-year. This
Parking Management Services agreement requires the successful Proposer to
manage, administer, staff, and operate parking facilities; operate the Airport's Parking
Access and Revenue Control System (PARCS); maintain and operate circulatory
vehicles; provide and operate an online booking system; coordinate the revenue
management program; and direct the marketing campaign. The Aviation Department is
currently contracted with the recommended Proposer to provide parking management
services on a month-to-month basis, but that agreement will terminate on Dec. 31,
2021.
Procurement Information
Request for Proposal (RFP) 21-001 - Parking Management Services was conducted in
accordance with Administrative Regulation 3.10. Four proposals were received and
deemed responsive and responsible.
The proposals were evaluated by an evaluation panel and scored by consensus based
on the following criteria, with a point range of 0-1,000 points:
· Financial Impact Including Revenue and Earnings: 0-250 points.
· Qualifications and Experience: 0-150 points.
· Operations - Customer Service and Staffing Plan: 0-150 points.
· Marketing Plan: 0-150 points.
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· Revenue Management: 0-150 points.
· Customer Experience: 0-150 points.
The evaluation panel recommends Ace Parking Management, Inc. for agreement
award as the best value to the City based on the following consensus scores:
· Ace Parking Management, Inc. - 894.
· SP Plus Corporation - 842.
· ABM Aviation, Inc. - 688.
· LAZ Parking - 664.
Contract Term
The agreement will begin on or about July 1, 2021 for an initial seven-year term with
one three-year option to extend for a 10-year aggregate agreement term.
Financial Impact
The agreement value will not exceed $110 million for the 10-year aggregate
agreement term. Funding is available in the Aviation Department’s budget.
Concurrence/Previous Council Action
The Phoenix Aviation Advisory Board recommended approval of this item on April 15,
2021, by a vote of 9-0.
Location
Phoenix Sky Harbor International Airport - 2485 E. Buckeye Road
Council District: 8
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation
Department.
Page 124
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Supporting documents
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Item text
Services (Ordinance S-47572)
Request to authorize the City Manager, or his designee, to enter into an agreement
with Valley Metro Rail, Inc. to pay Phoenix’s share of Light Rail and agency operating
costs for Fiscal Year 2021-22. Further request to authorize the City Controller to
disburse all funds related to this item. The agreement value will not exceed
$28,744,000.
Summary
The Valley Metro Rail, Inc. (VMR) operations and maintenance budget includes costs
for: transportation contractors; propulsion power; vehicle maintenance;
systems/facilities maintenance, materials, and supplies; VMR staff; safety; consultants;
regional customer services; utilities; liability insurance; and general and administrative
expenses.
Financial Impact
For Fiscal Year 2021-22, the City’s total estimated shares of VMR’s costs are
$39,380,000, broken down as follows:
· Agency costs - $1,048,000; and
· Operating costs for Light Rail service - $38,332,000.
The City's share of operating costs will be offset with $10,636,000 of federal funds
received by VMR through the Federal Transit Administration under the Coronavirus
Response and Relief Supplemental Appropriations Acts, for a remainder of
$28,744,000.
Funding is available in the Public Transit Department's Operating budget using
Transportation 2050 funds.
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Public Transit
Department.
Page 125
Report
Supporting documents
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Item text
American Recovery Plan Applications (Ordinance S-47578)
Request to authorize the City Manager, or his designee, to apply for, accept, and
distribute American Recovery Plan grants from the Federal Transit Administration and
to enter into agreements necessary to receive and distribute those federal funds.
Further request to authorize the City Treasurer to accept, and the City Controller to
disburse, all grant funds in accordance with the terms of such grants and agreements.
These grants are anticipated to be an amount not to exceed $290,363,035.
Summary
The City of Phoenix is the designated recipient of Federal Transit Administration (FTA)
grant funds for the Phoenix-Mesa Urbanized Area (UZA) and the direct recipient of
FTA grant funds for the Avondale-Goodyear UZA. Phoenix submits FTA grant
applications on behalf of all local governments and agencies in the region. On March
11, 2021, the American Recovery Plan (ARP) Act was approved with funding provided
through existing FTA formula programs at 100 percent share, with no local match
required. Such funding is available to support capital, operating, and other expenses to
prevent, prepare for, and respond to the COVID-19 pandemic.
The Maricopa Association of Governments (MAG), as the Metropolitan Planning
Organization for the Phoenix metropolitan area, is responsible for programming FTA
funds for the region. MAG has allocated the ARP funding for the region to support
transit operations. Phoenix is expected to receive $105,730,795 for itself from this
allocation.
Financial Impact
The total of all grant funds in the application is $290,363,035. The applications and
total federal amounts by fund type are:
· $207,994,687 - FTA Section 5307 UZA Formula funding apportioned to the Phoenix
-Mesa UZA;
· $477,745 - FTA Section 5307 UZA Formula funding apportioned to the Avondale-
Goodyear UZA;
· $595,661 - FTA Section 5310 Enhanced Mobility of Seniors and Individuals with
Disabilities funding apportioned to the Phoenix-Mesa UZA; and
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· $81,294,942 - FTA Capital Investment Grants apportioned to the South-Central
Phoenix Extension/Downtown Hub.
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Public Transit
Department.
Page 127
Report
Supporting documents
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Item text
47584)
Request to authorize the City Manager, or his designee, to execute amendments to
agreements: 147281 with the Gila River Indian Community; 150473 with the City of
Glendale; 146019 with the City of Peoria; and 150638 with the Regional Public
Transportation Authority, for the purchase of Phoenix's fixed-route bus services by
these agencies and the funding of Phoenix's Dial-a-Ride services with regional funds
managed by Regional Public Transportation Authority for Fiscal Year 2021-22.
Estimated costs for the year include credits resulting from the region’s receipt of
Coronavirus Response and Relief Supplemental Appropriations Act funds and
American Rescue Plan Act of 2021 funds.
Summary
Phoenix's Public Transit Department has existing agreements with these agencies for
the provision of fixed route bus services as provided by Phoenix on the following
routes:
· Gila River Indian Community (GRIC) - Route 51;
· City of Glendale - Routes 51, 59, 60, 67, 80, 83, 90, 138, 170 and 186;
· City of Peoria - Route 83; and
· Regional Public Transportation Authority (RPTA) - Routes 3, 17, 29, 41, 50, 59, 67,
70, 80, 106, 138, 154 and 170.
These amendments establish the Fiscal Year 2021-22 cost estimates for the fixed
route bus service provided to these agencies by Phoenix, plus Phoenix's Dial-A-Ride
services funded by regional funds.
Financial Impact
There is no cost to Phoenix. Each agency will pay Phoenix for these services. Below
are the projected costs for each respective agency in Fiscal Year 2021-22:
GRIC
Gross Cost of Service: $1,030,910
Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA)
Funding Credit to GRIC: $237,338
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American Rescue Plan Act of 2021 (ARPA) Funding Credit to GRIC: $578,885
Farebox Revenue: $28,810
Net GRIC Cost (Revenue to Phoenix): $185,877
City of Glendale
Gross Cost of Service: $5,283,822
CRRSAA Funding Credit to Glendale: $1,181,323
ARPA Funding Credit to Glendale: $2,881,334
Farebox Revenue: $285,328
Net Glendale Cost (Revenue to Phoenix): $935,837
City of Peoria
Gross Cost of Service: $1,582,857
CRRSAA Funding Credit to Peoria: $364,408
ARPA Funding Credit to Peoria: $888,818
Farebox Revenue: $34,439
Net Peoria Cost (Revenue to Phoenix): $295,192
RPTA
Gross Cost of Fixed Route Bus Service: $14,146,077
CRRSAA Funding Credit to RPTA: $4,403,702
ARPA Funding Credit to RPTA: $6,654,297
Farebox Revenue: $663,835
Net Fixed Route Bus Service Cost: $2,424,243
Net Dial-a-Ride Cost (Revenue to Phoenix): $2,548,902
Net Combined RPTA Cost (Revenue to Phoenix): $4,973,145
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Public Transit
Department.
Page 129
Report
Supporting documents
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Item text
Purchase of Fixed Route Transit Service for Fiscal Year 2022 (Ordinance S-
47585)
Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 143071 with the Regional Public Transportation Authority to provide
additional funding to pay for bus transit service operated within Phoenix. Further
request to authorize the City Controller to disburse all funds related to this item. The
additional funding for Fiscal Year 2022 will not exceed $7,750,546.
Summary
Transit services are customarily purchased and sold between regional transit agencies
where adding service or continuing an existing bus route is most economical. Each
Fiscal Year, the City determines the level of service to be operated within its
boundaries and executes an amendment to its Service Agreement with Regional
Public Transportation Authority (RPTA) to authorize funding for that year’s service. In
Fiscal Year 2022, RPTA will provide the following fixed route bus service within
Phoenix: Routes 30 (University Drive); 45 (Broadway Road); 56 (Priest Drive); 61
(Southern Avenue); 77 (Baseline Road); 108 (Elliot Road/48th Street); 140 (Ray
Road); and 156 (Chandler Boulevard). The City also sells service to RPTA on various
routes.
At the end of each fiscal year, the City and RPTA assess the actual miles operated,
gross costs incurred, federal funds credited (for preventative maintenance), and fare
revenues collected. The City and RPTA then reconcile the difference between the
original estimates and actual costs through a credit memo or billing, as applicable.
Financial Impact
The anticipated number of annual fixed-route miles for Fiscal Year 2022 is 1,457,190
miles at an estimated cost of $10,756,109. The total estimated farebox revenue is
$372,932 and the total estimated preventive maintenance credit is $794,985. In
addition, the City is estimated to receive a $1,837,646 Coronavirus Response and
Relief Supplemental Appropriations Act (CRRSSA) funding credit for services RPTA
provides within Phoenix. The total estimated net cost for RPTA's billing to the City is
$7,750,546.
Page 130
Funding is available in the Public Transit Department operating budget using
Transportation 2050 funds.
Concurrence/Previous Council Action
The City Council approved Service Agreement 143071 with RPTA (Ordinance S-
42474) on April 20, 2016.
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Public Transit
Department.
Page 131
Report
Supporting documents
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Item text
Enter into Grant Agreements (Ordinance S-47586)
Request to authorize the City Manager or his designee to: submit applications to the
Federal Transit Administration for grant assistance; enter into agreements with the
Federal Transit Administration for the purpose of accepting any grants awarded; and
enter into agreements with any local governments and agencies receiving a pass-
through share of the awarded grant funds. Further request to authorize the City
Treasurer to receive, and the City Controller to disburse, all funds related to this item in
accordance with the terms of the aforementioned grants and agreements. The total of
all grant funds in the application is $259,875,851.
Summary
The City of Phoenix is the designated recipient of Federal Transit Administration (FTA)
grant funds for the Phoenix-Mesa Urbanized Area (UZA) and the direct recipient of
FTA grant funds for the Avondale-Goodyear UZA. As such, Phoenix submits FTA grant
applications on behalf of all local governments and agencies in the region. All projects
are in the MAG-approved Transportation Improvement Plan (TIP) and the ADOT-
approved State Transportation Improvement Plan (STIP). Projects included for
Phoenix are:
· 40 replacement 40-foot buses;
· 25 replacement Dial-A-Ride vans;
· Three replacement neighborhood circulator vehicles;
· Design of a future park-and-ride facility;
· Construction of a future park-and-ride facility;
· Acquisition of a fare collection system;
· Preventive maintenance;
· Program administration; and
· Support services.
Financial Impact
All grant funds in the applications total $259,875,851. Phoenix’s direct allocation would
total $44,024,640, for which the matching funds of $9,273,418 are available from
Transportation 2050 sales taxes and the Proposition 400 Public Transportation Fund in
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Public Transit’s 2021-22 operating budget and five-year 2022-27 Capital Improvement
Program. The applications and total federal amounts by fund type are:
· FTA Section 5307 Phoenix-Mesa UZA Formula funding for capital, planning, and
operating assistance projects benefiting the entire Phoenix-Mesa region:
$58,753,674;
· FTA Section 5307 Avondale-Goodyear UZA Formula funding apportioned to
Avondale-Goodyear UZA: $5,325,790;
· Federal Congestion Mitigation and Air Quality Improvements (CMAQ) and Surface
Transportation Block Grant Program (STBGP) funding transferred from the Federal
Highway Administration (FHWA) to FTA for capital projects: $27,672,602 and
$3,782,710;
· FTA Section 5339 Bus and Bus Facilities Formula funding to include capital projects
benefiting the entire Phoenix-Mesa UZA: $6,162,346;
· FTA Section 5337 State of Good Repair - High Intensity Motorbus Program funding
to include capital projects benefiting the Avondale-Goodyear UZA: $73,755;
· FTA Section 5337 State of Good Repair - High Intensity Motorbus Program funding
to include capital projects benefiting the Phoenix-Mesa UZA: $3,818,518;
· FTA Section 5337 State of Good Repair - Fixed Guideway Program funding to
include capital projects benefiting the Phoenix-Mesa UZA: $3,624,386;
· FTA Section 5310 Enhanced Mobility of Seniors and Individuals with Disabilities
funding to include capital projects benefiting the Phoenix-Mesa UZA: $3,551,103;
· FTA Section 5309 Capital Investment Grant for New Starts Projects - Northwest
Extension Light Rail Phase II: $49,400,000; and
· FTA Section 5309 Capital Investment Grant for New Starts Projects - South Central
Extension/Downtown Hub: $97,710,967.
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Public Transit
Department.
Page 133
Report
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Item text
License/Services Agreement - Amendment (Ordinance S-47587)
Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 148851 with Trapeze Software Group, Inc. to provide additional software
licensing for continued web portal trip planning for Phoenix Dial-a-Ride users and add
passenger notification capabilities. Further request to authorize the City Controller to
disburse all funds related to this item. The additional funding will not exceed $446,457.
Summary
To currently request a Phoenix Dial-a-Ride (DAR) trip, eligible users can either call the
City's contracted service provider directly or use an account-based web portal. Once a
trip has been requested, the service provider utilizes the City's provided software
developed by Trapeze Software Group, Inc. (Trapeze) for scheduling and dispatch.
The current web portal service is a separate Trapeze software product provided by the
City’s contracted service provider. But to ensure there is no lapse in customer service
or trip scheduling capabilities with any change in service provider under future
agreements, the Public Transit Department (PTD) intends to bring this functionality in-
house for the City to provide and maintain the software directly.
In addition, PTD seeks to add a software feature known as "passenger notification
services," which allows passengers to receive trip reminders and real-time ride status
updates by text message or email. That feature also allows passengers to perform an
assortment of automated phone functions. The existing phone scheduling system
would remain in place for passengers who prefer that method for trip scheduling.
An amendment to Trapeze's agreement would supplement the existing scope to
provide for these new software products' licenses, implementation services, long term
support services, and SMS (text)/virtual phone services. This item has been reviewed
and approved by the Information Technology Services Department.
Financial Impact
The amendment includes the cost of software licensing and implementation of
passenger notification services, as well as maintenance and support services through
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expiration of the City’s agreement with Trapeze on Nov. 30, 2023. Maintenance
services include monthly charges for Twilio service, which is a cloud-based service for
the text messages and phone calls necessary to implement these new passenger
features.
The initial authorization for Maintenance of Software and Licensing Services
Agreement 148551 was for an expenditure not-to-exceed $568,328. This amendment
will increase the authorization for the agreement by an additional $446,457, for a new
total not-to-exceed agreement value of $1,014,782.
Funding is available in the Public Transit Department’s Capital and Operating budgets
using Transportation 2050 funds.
Concurrence/Previous Council Action
The City Council approved Maintenance of Software and Licensing Services
Agreement 148851 (Ordinance S-45099) on Nov. 7, 2018.
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Public Transit
Department.
Page 135
Report
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Item text
Code (Ordinance G-6849)
Request City Council authorization to adopt the proposed changes to the City's Solid
Waste Ordinance included in Chapter 27 of the Phoenix City Code.
Summary
Currently, Phoenix City Code sec. 27-21 states the City does not provide solid waste
collection service to commercial or industrial establishments. There are a number of
properties in the City that were previously zoned as residential and converted into
office space as an adaptive reuse. Many of these properties are small single-family
units and do not have surface space to be properly serviced by a private contractor or
by special collection, such as with a front load container. Additionally, these units do
not produce sufficient waste to merit such a large container. In the past, the City has
been contacted by owners to provide service, such as a 90-gallon curbside container
but, per current City Code, the Public Works Department has had to deny service.
The recommended language is to allow the City to provide solid waste collection
service to commercial establishments that were previously residential dwelling units at
the Director's discretion. This will allow Public Works the ability to provide services
when requested by said establishments at the residential rate.
Concurrence/Previous Council Action
The City Council approved text amendments to Chapter 27 of the Phoenix City Code
(G-5920) on May 28, 2014, which reflected solid waste program changes to increase
the city's diversion rate.
Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Public Works
Department.
Page 136
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Item text
Phoenix at City of Phoenix Resource Innovation Campus (Ordinance S-47549)
Request to authorize the City Manager, or his designee, to enter into a lease and
operating agreement with Renew Phoenix at the City of Phoenix's Resource
Innovation Campus located at 27th Avenue and Lower Buckeye Road for one year,
with a one-year option to extend. Further request to authorize the City Treasurer to
accept all funds related to this item. Revenue from the land lease is $2,800 per year.
Summary
Ordinance S-45501 authorized an agreement for processing plastics and a land lease
with Renew Phoenix. As part of the program, Renew Phoenix will lease approximately
30,000 square feet at the Resource Innovation Campus (RIC) for 10 years at $8,400
per year.
The Public Works Department and Renew Phoenix have agreed to a smaller-scale
pilot program prior to entering into the 10-year contract. The leased site for the pilot
program will be 10,000 square feet for a one-year term with a one-year option to
extend. The lease rate will be $2,800 per year, plus applicable taxes, which is within
the range of market rents as determined by the Finance Department Real Estate
Division. The term of operating agreement will be one year and run concurrently with
the lease. All other terms and conditions will remain the same as approved in the
original Request for Proposal.
Contract Term
The lease term and operating agreement for the pilot program will be one year
beginning on or about July 1, 2021, with a one-year option to extend.
Financial Impact
Revenue from the land lease is $2,800 per year. There is no negative financial impact
to the City.
Concurrence/Previous Council Action
· The Water, Wastewater, Infrastructure and Sustainability Subcommittee
recommended approval of a 10-year agreement for processing plastics and land
Page 137
lease on March 6, 2019, by a vote of 3-0.
· The City Council approved entering into a 10-year agreement for processing
plastics and land lease (Ordinance S-45501) on April 3, 2019.
Location
27th Avenue Transfer Station - 3060 S. 27th Ave.
Council District: 7
Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Public Works
and Finance departments.
Page 138
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Item text
Agreements (Ordinance S-47554)
Request to authorize the City Manager, or his designee, to enter into separate
agreements with Arizona Machinery, LLC dba Stotz Equipment; BTE Body Company,
Inc.; CliffCo, LLC; Environmental Equipment, LLC; Southern California Fleet Services,
Inc. dba Fleet-Line Truck & Fire Equipment Repair; LZ Delta, LLC dba GO AZ
Motorcycles; Musgrove Enterprises, LLC dba SealMaster Arizona; Short Equipment,
Inc.; Simpson Norton Corporation; Superior Supply, Inc.; and Utility Crane &
Equipment, Inc. for specialty vehicles and equipment maintenance and repair. Further
request to authorize the City Controller to disburse all funds related to this item. The
total aggregate amount is $3,575,000 over the life of the agreements.
Summary
The Public Works Department is responsible for managing a diverse fleet of over
7,300 vehicles and equipment that are repaired and maintained at service centers and
police substations. The equipment includes all-terrain vehicles, trailers, forklifts,
various off-road vehicles and equipment, and street repair apparatus that require
ongoing maintenance and repairs to keep them in good operating condition. These
agreements will allow Public Works and Aviation departments to maintain City-owned
specialty equipment and will ensure the equipment is in operating condition and
available for service.
Procurement Information
Invitation for Bid 22-FSD-003 was conducted in accordance with Administrative
Regulation 3.10. Twelve offers were received by the Public Works Department
Procurement Services on March 10, 2021. The offers were evaluated based on price,
responsiveness to all specifications, terms and conditions, and responsibility to provide
the required services. One offer was deemed non-responsive. The offers submitted by
Arizona Machinery, LLC dba Stotz Equipment; BTE Body Company, Inc.; CliffCo, LLC;
Environmental Equipment, LLC; Southern California Fleet Services, Inc. dba Fleet-Line
Truck & Fire Equipment Repair; LZ Delta, LLC dba GO AZ Motorcycles; Musgrove
Enterprises, LLC dba SealMaster Arizona; Short Equipment, Inc.; Simpson Norton
Corporation; Superior Supply, Inc.; and Utility Crane & Equipment, Inc. were deemed
fair and reasonable.
Page 139
The awards recommendation can be found in Attachment A.
Contract Term
The one-year term of the agreements will begin on or about July 1, 2021. The
agreements will contain four one-year options to extend the term, for a total agreement
term of up to five years if all options are exercised.
Financial Impact
The aggregate value of the agreements, including all option years, is $3,575,000,
including all applicable taxes, with an estimated annual expenditure of $715,000.
Funding is available in the Public Works and Aviation departments' budgets.
Responsible Department
This item is submitted by Deputy City Managers Mario Paniagua and Karen Peters,
and the Aviation and Public Works departments.
Page 140
$WWDFKPHQW$
IFB 22-FSD-003 Specialty Vehicles and Equipment 0DLQWHQDQFH and Repair AwardV Recommendation
Group 7 -
Group 1 - Group 2 - Articulating
Group 3 - Group 4 - Group 5 - Group 11 - Group 12 -
Sweepers & Water Group 6 - Loaders, Tractors, Group 8 - Group 9 - Group 10 -
Offeror Aerial & Crane Generators & Truck Bodies Trailer MTD Misc. Vehicle
Street Specialty Trailers Backhoes, and Motorcycles Forklifts ATV & Carts
Equipment Compressors & Lift Gates Pumps & Equipment
Equipment Equipment other Off Road
Equipment
Arizona Machinery, LLC dba Stotz Equipment $762.26 $762.26 $762.26
BTE Body Company, Inc. $565.00 $565.00 $565.00 $565.00 $565.00 $565.00
CliffCo Heavy Equipment Repair $540.00 $540.00 $540.00 $540.00 $540.00 $540.00 $540.00 $400.00
Environmental Equipment, LLC $440.00 $440.00 $440.00 $440.00 $440.00 $440.00 $440.00 $440.00 $440.00 $440.00
Southern California Fleet Services, Inc. dba
$446.00 $446.00 $446.00 $446.00 $446.00
)OHHWLine Truck & Fire Equipment Repair
LZ Delta, LLC dba GO AZ Motorcycles $81.75 $81.75 $81.75
Musgrove Enterprises, LLC dba SealMaster Arizona $495.00
Short Equipment, Inc. $490.00 $490.00
Simpson Norton Corporation $540.00 $540.00 $540.00
Page 141
Superior Supply, Inc. $170.00
Utility Crane & Equipment, Inc. $599.38
Report
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Item text
Request to authorize the City Manager, or his designee, to issue a Request for
Proposals for a new professional services agreement for parking meter equipment and
services.
Summary
The City's Parking Meter Program provides an important source of revenue to the City
but also provides a benefit to the downtown businesses, restaurants, and events by
managing access and use of on-street parking in the downtown and midtown areas of
Phoenix. The Street Transportation Department (Streets) manages the program and
continuously works to improve the parking meter system to meet the needs of the
public.
Streets currently operates a mix of 1,700 "smart" parking meters and 540 older coin-
only parking meters for a total of 2,240 parking meters. The coin-only parking meters
operate in areas of low parking demand. The smart meters operate on a proprietary
financial software that utilizes wireless technology for two-way communications with
the parking meters to accept and monitor payments, monitor their status and use,
provide remote diagnostics, and allow for settings to be changed remotely. The "smart"
meters were purchased and installed through current Agreement 135354 with IPS
Group, Inc. (IPS) in 2013 and have a ten-year life. IPS provides wireless
communications and monitoring services for the "smart" meters under this agreement.
The current agreement with IPS is set to expire on Jan. 27, 2022, so it is necessary for
Streets to procure a new parking meter services agreement through the issuance of a
Request for Proposals (RFP).
There have been significant changes in parking meter preferences and technology
since the current agreement was executed in 2013. Increasingly, parking meter
customers prefer to pay for meter fees using their smart phones. To meet customers’
expectations, Streets entered into a separate agreement with ParkMobile in December
2017 to support parking transactions using a third-party mobile phone application.
Revenues collected through the ParkMobile app average $40,000 per month. A new
RFP will allow Streets to further promote these capabilities and enhance customer
experience using our meters. Additionally, wireless communication technology has
Page 142
advanced considerably, and a new agreement will allow the City to meet new technical
specifications not currently supported by the existing meters.
Despite an increasing preference to pay by phone, payments by coin still account for
approximately 30 percent of parking meter revenue, and meters will be required to
continue to accept coins under the new agreement. Additional capabilities anticipated
with the new agreement include enhanced enforcement tools, compatibility with sensor
equipment, and improved web interfacing for program management.
Streets is coordinating with the Information Technology Services Department to ensure
technical compliance with the RFP and subsequent agreement.
Procurement Information
Streets will solicit for a new parking meter equipment and services agreement utilizing
the RFP procurement process. Staff has revised the previous scope of work for the
RFP with a goal to provide a parking meter system that meets the current and future
needs of the City. Responsive and responsible proposals will be evaluated according
to the following criteria:
· Technical Specifications;
· Pricing;
· Method of Approach;
· Telecommunications and Reporting; and
· Value-Added Services.
The highest-ranked proposal will be recommended for award of the agreement.
Contract Term
The term of the new agreement will be five years beginning on Jan. 28, 2022, and will
include five one-year extension options.
Financial Impact
Depending on the need to replace the existing parking meter inventory, the estimated
cost of the agreement will be between $5 and $10 million. Funding for the agreement
is in the Street Transportation Department's budget utilizing Arizona Highway User
Revenue Funds.
The City is expecting to generate approximately $2.1 million in parking meter revenues
for Fiscal Year (FY) 2021, which is a decrease from previous years due to the onset of
the COVID-19 pandemic in March 2020. Prior to 2020, parking meter program
revenues had been steadily increasing and reached approximately $3.9 million in FY
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2019. Revenues have begun to trend upward; therefore, the parking meter revenues
are anticipated to exceed $21 million over the life of the ten-year agreement.
In the event a new parking meter vendor is awarded the agreement, the RFP
agreement structure does include lease and financing options that will provide
flexibility to absorb the required capital investment.
Concurrence/Previous Council Action
The City Council approved:
· Installation of New Parking Meter Technology Agreement 135354 (Ordinance S-
39393) with IPS on Nov. 28, 2012;
· Additional payment authority (Ordinance S-43895) to expand the parking meter
program on Sept. 6, 2017;
· Parking Meter Technology Agreement 135354 - Amendment (Ordinance S-44122)
on Dec. 13, 2017; and
· Parking Meter Technology Agreement 135354 - Amendment (Ordinance S-46975)
on Oct. 7, 2020.
The Transportation, Infrastructure and Innovation Subcommittee:
· Recommended City Council approval to issue an RFP on April 7, 2021.
Location
Council Districts: 4, 7 and 8
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Street
Transportation Department.
Page 144
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Item text
4108JOC178 (Ordinance S-47546)
Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 149740 with DL Norton General Contracting, Inc. (DL Norton) to provide $4
million in additional General Construction Job Order Contracting Services, and to
authorize the execution of a Job Order Agreement in an amount up to $6 million for the
Phoenix City Hall Replace Sanitary Sewer Lines and Repair Roof Drain System
project. Further request to authorize execution of amendments to Master Agreement
149740 as necessary within the Council-approved expenditure authority as provided
below, and for the City Controller to disburse all funds related to this item. The
additional fee for services included in this amendment will not exceed $4 million.
Summary
The purpose of this project is to replace the sanitary waste and vent piping and provide
re-sloping of storm drain piping at Phoenix City Hall (City Hall).
In 2018, a consultant was hired to perform an assessment which resulted in the
recommendation of a full system replacement to avoid a potential widespread system
failure. In 2019, the same consultant was hired to complete design through its
Engineering On-Call contract. In August 2020, staff pursued the specialized design
and construction expertise of DL Norton Construction under an existing Job Order
Contract (JOC), to provide pre-construction services which included working with the
design consultant to prepare final construction drawings, prepare a construction
schedule which projected a timeline of 12 months for completion, and a cost estimate
for construction.
Due to the complexity of the project, impact and coordination required to work with
multiple departments residing in City Hall, as well as security requirements and
logistical requirements of working within City Hall, it is imperative that the City use a
contractor that can meet these requirements. DL Norton has assembled a specialized
team of subcontractors, all of which have a vast knowledge and familiarity with the
existing conditions.
Use of a JOC construction services contract allows the City to address the timeline
Page 145
requirements and specialized aspects of the project. DL Norton currently has $2.2
million in remaining contract capacity on JOC Master Agreement 149740. To ensure
the contract has sufficient capacity for replacement of the sanitary sewer line and
repair roof drain project, staff recommends increasing the JOC contract capacity and
spending authority of DL Norton’s current JOC by an additional $4 million to complete
this project. This amendment will allow for the issuance of a job order agreement to DL
Norton for an amount not to exceed $6 million for the City Hall replacement of sanitary
sewer lines and repair of the roof drain system.
This Agreement is essential to the health, safety, and welfare of the public and critical
operations for the City.
Contract Term
The term of the agreement will not change. Work scope identified and incorporated
into the agreement prior to the end of the term may be agreed to by the parties, and
work may extend past the termination of the agreement. No additional changes may
be executed after the end of the term.
Financial Impact
· The initial master agreement for Job Order Contracting Services was executed for a
fee not-to-exceed $10 million, including all subcontractor and reimbursable costs.
· This Amendment will increase the master agreement by an additional $4 million, for
a new total not-to-exceed master agreement value of $14 million, including all
subcontractor and reimbursable costs.
Funding for this amendment is available in the Public Works Department’s Capital
Improvement Program budget. The Budget and Research Department will separately
review and approve funding availability prior to execution of any job order agreements.
Payments may be made up to agreement limits for all rendered agreement services,
which may extend past the agreement termination.
Concurrence/Previous Council Action
The City Council approved Job Order Contracting Services Master Agreement 149740
(Ordinance S-45604) on May 1, 2019.
Responsible Department
This item is submitted by Deputy City Managers Karen Peters and Mario Paniagua,
the Public Works Department, and the City Engineer.
Page 146
Report
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ST83140081 (Ordinance S-47548)
Request to authorize the City Manager, or his designee, to accept Degan Construction,
LLC, as the lowest-priced, responsive and responsible bidder and to enter into an
agreement with Degan Construction, LLC for Design-Bid-Build Services for the Palm
Lane Storm Drain: 28th Place to 32nd Street project. Further request to authorize the
City Controller to disburse all funds related to this item. The fee for services will not
exceed $2,361,325.24.
Summary
The purpose of this project is to install storm drain pipe and modify the existing
sanitary sewer line along Palm Lane from 28th Place to 32nd Street.
Degan Construction, LLC’s services include, but are not limited to: installing storm
drain pipe, catch basins, manholes, and inlet structures, including water lines
abandonment, vertical realignment, removal and replacement of asphalt-concrete
pavement, valley gutters, driveway entrances, sidewalk, curb and gutter, Americans
with Disabilities Act curb ramps, and speed hump reconstruction, and other
miscellaneous work items as required to complete the project.
This Agreement is essential to the health, safety, and welfare of the public and critical
operations for the City.
Procurement Information
The selection was made using an Invitation for Bids procurement process set forth in
section 34-201 of the Arizona Revised Statutes. Three bids were received on April 13,
2021. The Equal Opportunity Department has determined that Small Business
Enterprise and Disadvantaged Business Enterprise program requirements do not
apply to this contract.
The Opinion of Probable Cost and the three lowest responsive, responsible bidders
are listed below:
Page 147
Engineer's Estimate: $3,404,768
Degan Construction, LLC: $2,361,325.24
FPS Civil, LLC: $2,824,360.00
Action Direct, LLC dba Redpoint Contracting: $5,500,204.00
The bid award amount is within the total budget for this project.
The Engineer of Record evaluated the contractors' bids received by the City compared
to the Opinion of Probable Cost and did not find any severe variations of unit prices
that would cause concern to prevent the City from moving forward with awarding this
project to Degan Construction, LLC.
Contract Term
The term of the agreement is 210 calendar days from issuance of the Notice to
Proceed. Work scope identified and incorporated into the agreement prior to the end of
the term may be agreed to by the parties, and work may extend past the termination of
the agreement. No additional changes may be executed after the end of the term.
Financial Impact
The agreement value for Degan Construction, LLC will not exceed $2,361,325.24,
including all subcontractor and reimbursable costs.
Funding is available in the Street Transportation Department's Capital Improvement
Program budget. The Budget and Research Department will separately review and
approve funding availability prior to execution of any amendments. Payments may be
made up to agreement limits for all rendered agreement services, which may extend
past the agreement termination.
Location
Council District: 8
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua, the Street
Transportation Department, and the City Engineer.
Page 148
Report
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Item text
Fund City of Phoenix Staffing Resources for Interstate 10 Broadway Curve
Improvement Project (Ordinance S-47561)
Request to authorize the City Manager, or his designee, to enter into an
Intergovernmental Agreement with the Arizona Department of Transportation for the
Arizona Department of Transportation to fund City staffing resources in the Street
Transportation Department related to the reconstruction of the Interstate 10 Broadway
Curve Improvement Project. Further request the City Council to grant an exception
pursuant to Phoenix City Code section 42-20 to authorize indemnification and
assumption of liability provisions that otherwise would be prohibited by Phoenix City
Code section 42-18. Further request to authorize the City Treasurer to accept, and the
City Controller to disburse, all funds related to this item.
Summary
The purpose of this Agreement is for the Arizona Department of Transportation (ADOT)
to fund Street Transportation Department staff coordinating with City departments on
the Interstate 10 (I-10) Broadway Curve Improvement Project (Broadway Curve) in an
amount not to exceed $350,000 per year. City staff will be assigned to the project to
coordinate and perform plan reviews, process permits, and provide traffic operations
coordination and outreach support during the freeway detours and closures. It is
critical to the success of this freeway project for City staff to work closely with ADOT
and the development team throughout design and construction.
The I-10 Broadway Curve project is planned to improve a segment of I-10 between the
I-10/Interstate 17 (I-17) Split Traffic Interchange and the Congressman Ed Pastor
Freeway (Loop 202-South Mountain Freeway).
Contract Term
The term of the agreement is two years from the date of execution on or about May 15,
2021, with two one-year extension options.
Financial Impact
The City will be reimbursed in an amount not to exceed $350,000 per year.
Page 149
Location
Interstate 10, from the I-10/I-17 Split Traffic Interchange and the Congressman Ed
Pastor Freeway (Loop 202-South Mountain Freeway).
Council Districts: 6 and 8
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Street
Transportation Department.
Page 150
Report
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Item text
Construction Manager at Risk Preconstruction Services - WS85509050
(Ordinance S-47566)
Request to authorize the City Manager, or his designee, to enter into an agreement
with TALIS Construction Corporation to provide Construction Manager at Risk
Preconstruction Services for the Water Main Replacement: Stanford to McDonald
drives and 40th to 44th streets project. Further request to authorize execution of
amendments to the agreement as necessary within the Council-approved expenditure
authority as provided below, and for the City Controller to disburse all funds related to
this item. The fee for services will not exceed $15,000.
Summary
The purpose of this project is to replace approximately 26,471 linear feet of water
main, 46 fire hydrants, 287 service connections, and 18 cut and plugs.
TALIS Construction Corporation (TALIS) will begin in an agency support role for
Construction Manager at Risk Preconstruction Services.TALIS will assume the risk of
delivering the project through a Guaranteed Maximum Price agreement.
TALIS' services include, but are not limited to: providing a detailed cost estimate and
knowledge of marketplace conditions, provide project planning and scheduling, provide
for construction phasing and scheduling that will minimize interruption and to City
operations and to provide alternate systems evaluation and constructability studies. A
Small Business Enterprise goal will be established for this project upon substantial
completion of Preconstruction Services and prior to the start of construction.
This Agreement is essential to the health, safety, and welfare of the public and critical
operations for the City.
Procurement Information
The selection was made using a qualifications-based selection process set forth in
section 34-603 of the Arizona Revised Statutes (A.R.S.). In accordance with A.R.S.
section 34-603(H), the City may not publicly release information on proposals received
or the scoring results until an agreement is awarded. Four firms submitted proposals
Page 151
and are listed below.
Selected Firm
Rank 1: TALIS Construction Corporation
Additional Proposers
Rank 2: B&F Contracting, Inc.
Rank 3: Hunter Construction Co.
Rank 4: Haydon Building Corporation
Contract Term
The term of the agreement is 260 calendar days from issuance of the Notice to
Proceed. Work scope identified and incorporated into the agreement prior to the end of
the term may be agreed to by the parties, and work may extend past the termination of
the agreement. No additional changes may be executed after the end of the term.
Financial Impact
The agreement value for TALIS will not exceed $15,000, including all subcontractor
and reimbursable costs.
Funding is available in the Water Services Department's Capital Improvement Program
budget. The Budget and Research Department will separately review and approve
funding availability prior to execution of any amendments. Payments may be made up
to agreement limits for all rendered agreement services, which may extend past the
agreement termination.
Location
Quarter section 20-37 bordered by Stanford to McDonald drives and 40th to 44th
streets
Council District: 6
Responsible Department
This item is submitted by Deputy City Managers Karen Peters and Mario Paniagua,
the Water Services Department, and the City Engineer.
Page 152
Report
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Item text
Services - ST85100449 (Ordinance S-47570)
Request to authorize the City Manager, or his designee, to enter into an agreement
with Hunter Contracting Co. to provide Construction Manager at Risk Construction
Services for the Northwest Valley Transportation project. Further request to authorize
execution of amendments to the agreement as necessary within the Council-approved
expenditure authority as provided below, and for the City Controller to disburse all
funds related to this item. The fee for services will not exceed $50 million.
Summary
The purpose of this project is to construct approximately three miles of arterial streets,
including street lighting and landscaping, in support of the Taiwan Semiconductor
Manufacturing Company (TSMC) facility. One traffic signal located at the intersection
of Dove Valley Road and 43rd Avenue and another at a driveway entrance into the
TSMC site at 43rd Avenue will also be included in this project.
Hunter Contracting Co.’s initial services will include preparation of a Guaranteed
Maximum Price proposal for the Construction Services provided under the agreement
and participating with the City in a process to establish a Small Business Enterprise
(SBE) goal for the project. Hunter Contracting Co. will be responsible for construction
means and methods related to the project and fulfilling the SBE program requirements.
Hunter Contracting Co. will be required to solicit bids from pre-qualified subcontractors
and to perform the work using the City’s subcontractor selection process. Hunter
Contracting Co. may also compete to self-perform limited amounts of work.
Hunter Contracting Co.’s services include, but are not limited to: attending project
meetings; developing and analyzing project schedule; creating construction
management plans; performing plan and constructability reviews; cost estimating;
construction of the arterial streets; and installation of lighting and landscaping.
Procurement Information
The selection was made using a qualifications-based selection process set forth in
section 34-603 of the Arizona Revised Statutes. Scoring and selection were made in
conjunction with the CMAR Preconstruction Services selection process.
Page 153
Contract Term
The term of the agreement is one year from issuance of the Notice to Proceed. Work
scope identified and incorporated into the agreement prior to the end of the term may
be agreed to by the parties, and work may extend past the termination of the
agreement. No additional changes may be executed after the end of the term.
Financial Impact
The agreement value for Hunter Contracting Co. will not exceed $50 million, including
all subcontractor and reimbursable costs.
Funding is available in the Street Transportation Department's Capital Improvement
Program budget. The Budget and Research Department will separately review and
approve funding availability prior to execution of any amendments. Payments may be
made up to agreement limits for all rendered agreement services, which may extend
past the agreement termination.
Concurrence/Previous Council Action
The City Council approved Construction Manager at Risk Preconstruction Services
Agreement 154122 (Ordinance S-47495) on April 21, 2021.
Public Outreach
A pre-recorded public meeting is planned for the project.
Location
The site is bounded by I-17 Freeway to the east, the Loop 303 Freeway to the south,
the Deadman Wash to the west and State Route 74 to the north.
Council District: 1
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua, the Street
Transportation Department, and the City Engineer.
Page 154
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Item text
Salt River Bridge Repair (Ordinance S-47577)
Request to authorize the City Manager, or his designee, to apply for, accept, and if
awarded, enter into agreements for disbursement of federal transportation funding for
the U.S. Department of Transportation's Emergency Relief Program not to exceed $12
million, for the 7th Street and Salt River Bridge Repair project. Further request to
authorize the City Treasurer to accept, and the City Controller to disburse, all funds
related to this item, if awarded.
Summary
Congress authorized in Title 23, United States Code, Section 125, a special program
from the Highway Trust Fund to repair damaged roads and bridges, or reconstruct
federal-aid highways and roads on federal lands which have suffered damage as a
result of natural disasters or catastrophic failures from an external cause. On Feb. 28,
2021, the 7th Street Bridge over the Salt River experienced a catastrophic fire which
was caused by a ten-inch high pressure natural gas line running under the bridge.
Since 7th Street is part of the National Highway System, and because the fire that
occurred was a catastrophic failure from an external cause, the City of Phoenix Street
Transportation Department (Streets) was informed by representatives of the Arizona
Department of Transportation (ADOT) and the Federal Highway Administration
(FHWA) that this project may be eligible for the Emergency Relief (ER) Program.
Critical damage occurred to the north end of the bridge structure as a direct result of
the catastrophic fire, requiring the removal and replacement of the northern two spans
of the five-span bridge along with the northern most pier and abutment. Streets is
actively pursuing repair and rehabilitation of the 7th Street and Salt River Bridge, which
has remained closed since the fire occurred. The bridge is anticipated to reopen in
September 2021 when replacement of the north two spans, pier and abutment is
complete.
Streets is collaborating with federal and state agencies to process the City's intent to
apply for and use ER funds. A formal request has been made through ADOT, which will
be requesting an Emergency Declaration by the Governor's office on the City's behalf
to formally initiate the approval request through the Arizona Division of FHWA.
Page 155
Financial Impact
One hundred percent of the total project cost is eligible for federal reimbursement up to
180 days from the date of approval. After 180 days, the City's local match would be a
maximum of 5.7 percent of the total project cost, or up to $684,000.
If funding is approved, the City's local match requirement will not exceed $684,000 to
leverage repair costs up to $12 million in federal funds. The local match is available in
Streets' Capital Improvement Program budget.
Location
7th Street, south of University Drive
Council District: 8
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Street
Transportation Department.
Page 156
Report
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Item text
(Resolution 21924)
Request to adopt a resolution to support formation of the Rancho Ventura Irrigation
Water Delivery District through Maricopa County. The proposed Irrigation Water
Delivery District includes the single-family residential properties bounded by Oak
Street to the south, Cambridge Avenue to the north, 40th Street to the west and 44th
Street to the east. This action has no financial impact to the City of Phoenix.
Summary
Under the provisions of Arizona Revised Statutes (A.R.S.) Chapter 20, Title 48,
Irrigation Water Delivery Districts, when the majority of the lot or parcel owners entitled
to or capable of receiving irrigation water from the same system want irrigation water
delivered to their lands, they may propose the organization of an Irrigation Water
Delivery District (IWDD). Maricopa County requires that applicants for an IWDD within
process of forming or re-establishing a district.
If approved by the City Council, landowning neighbors seeking an IWDD complete a
special taxation impact statement and submit this document to the Maricopa County
Board of Supervisors. The Board of Supervisors, along with Salt River Project (SRP),
will decide if a petition to organize an IWDD may be circulated. See Attachment A for
the Consent from SRP to the Board of Supervisors.
This request has been reviewed by the Street Transportation and Water Services
departments.
Financial Impact
This action has no financial impact to the City of Phoenix.
Public Outreach
On June 7, 2019, the City received a formal written request from City of Phoenix
resident Jeff Bloker, representative for the Rancho Ventura neighborhood, to pursue
Page 157
Location
The proposed IWDD includes the single-family residential properties bounded by Oak
Street to the south, Cambridge Avenue to the north, 40th Street to the west, and 44th
Street to the east.
Council District: 8
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Street
Transportation Department.
Page 158
Attachment A
Consent from SRP to Board of Supervisors and Map of SRP Delivery System
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Yellow highlight = exempt parcels
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Item text
(Ordinance S-47543)
Request to authorize the City Manager, or his designee, to enter into an agreement
with Rocha LLC., for the purpose of purchasing new equipment, parts, maintenance
and services for air compressors for the Water Services Department. Further request
to authorize the City Controller to disburse all funds related to this item. The
agreement amount will not exceed $1.5 million.
Summary
The purpose of this agreement is to provide air compressors, dryers, parts and
services on an as-needed basis to maintain and replace existing air compressor and
dryer equipment at various facilities within the Water Services Department.
Rocha LLC's services include, but are not limited to the purchase of: new stationary air
compressors, stationary air dryers, consumables, parts, and other ancillary equipment
associated with the compressors and dryers. This agreement is also for repair and
maintenance of the air compressors and air dryers which may include: installation,
repair, diagnostics, assessment, troubleshooting, required maintenance, warranty
work, and emergency repairs.
Procurement Information
The recommendation was made using an Invitation for Bids procurement process in
accordance with City of Phoenix Administrative Regulation 3.10. Three vendors
submitted bids and are listed below and all bids were found to be responsive and
responsible.
Selected Bidder
Rocha LLC.
Other Bidders
Ingersoll Rand Compression Technologies & Services
Pioneer Equipment, Inc.
Page 170
Contract Term
The agreement will begin on or about June 1, 2021, for a five-year aggregate term with
no options to extend.
Financial Impact
The agreement value for Rocha LLC. will not exceed $1.5 million. Funding is available
in the Water Services Department’s budget.
Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Water Services
Department.
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Item text
(Ordinance S-47551)
Request to authorize the City Manager, or his designee, to enter into an agreement
with Southwest Lan Connections, LLC, to provide Supervisory Control and Data
Acquisition wireless radio system on-site maintenance and service for the purpose of
maintaining and monitoring a highly automated communication system for the Water
Services Department. Further request to authorize the City Controller to disburse all
funds related to this item. The agreement amount will not to exceed $990,000.
Summary
The purpose of this agreement is to provide continued support of ongoing Supervisory
Control and Data Acquisition (SCADA) wireless radio system projects and ensure
warranty coverage of services performed and projects remaining to be completed.
SCADA wireless radio systems control and monitor over 200 critical Water Services
Department sites where in-ground/-land wiring is not available.
This direct selection is necessary because of warranty requirements for existing
SCADA wireless communications projects continuing past the existing contract term,
providing warranty coverage.
Southwest LAN Connection’s services include, but are not limited to: On-site labor,
software upgrade services, replacement and repair of wireless system components for
licensed and license-exempt GE MDS, Exalt, Redline, Radwin and 4RF wireless
communication systems.
This item has been reviewed and approved by the Information Technology Services
Department.
Procurement Information
An exception to the procurement process was determined to select the Contractor set
forth in City of Phoenix Administrative Regulation 3.10. A direct selection was made
because there exists a lack of qualified/available contractors/consultants which makes
a competitive selection process impracticable, unnecessary, or contrary to the public
interest.
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Contract Term
The agreement will begin on or about July 1, 2021, for a five-year aggregate term with
no options to extend.
Financial Impact
The agreement value for Southwest LAN Connections, LLC will not exceed $990,000.
Funding is available in the Water Services and Information Technology Services
departments' Operating budgets.
Responsible Department
This item is submitted by Deputy City Managers Karen Peters and Toni Maccarone,
and the Water Services and Information Technology Services departments.
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Item text
Request to authorize the City Manager, or his designee, to enter into separate
agreements with four vendors to provide valves for the purpose of purchasing a supply
of commodities related to valves including parts, accessories and services on an as-
needed basis. Further request to authorize the City Controller to disburse all funds
related to this item. The agreement amount will not exceed $9 million.
Summary
The purpose of this agreement is to purchase valves on an as-needed basis to
maintain the infrastructure of various facilities within the Water Services Department.
Ferguson Waterworks, Fortiline Waterworks, Inc., Geo S. Thomson Company, Inc.,
and MISCOwater’s services include but are not limited to the supply of various new
valves, valve parts and accessories, and valve maintenance and repair services.
Procurement Information
The recommendations were made using an Invitation for Bids procurement process in
accordance with City of Phoenix Administrative Regulation 3.10.
Seven vendors submitted bids and are listed below and all bids except for one were
found to be responsive and responsible.
Selected Bidders
Ferguson Waterworks
Fortiline Waterworks, Inc.
Geo S. Thomson Company, Inc.
MISCOwater
Other Bidders
Alb Piping Products & Services, LLC.
Core & Main, LP
Dana Kepner Company LLC.
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Contract Term
The agreements will begin on or about June 1, 2021, for a five-year aggregate term
with no options to extend.
Financial Impact
The aggregate value for the agreements with Ferguson Waterworks, Fortiline
Waterworks, Inc., Geo S. Thomson Company, Inc., and MISCOwater will not exceed
$9 million.
Funding is available in the Water Services Department’s budget.
Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Water Services
Department.
Page 175
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Item text
Request to authorize the City Manager, or his designee, to enter into an agreement
with IPSA Security Services, to provide security guard services at multiple Water
Services Department facilities. Further request to authorize the City Controller to
disburse all funds related to this item. The agreement will not exceed $4.5 million.
Summary
The purpose of this agreement is to provide experienced, licensed, unarmed,
uniformed security guards who will be responsible for the physical security of all Water
Services Department (WSD) Water Production facilities, Wastewater facilities and
Remote facilities.
IPSA Security Services' services include, but are not limited to: monitoring closed-
circuit television (CCTV) systems and other equipment at guardhouses, perform basic
operations of the City’s PC-based access control/intrusion detection systems, conduct
security inspection and patrol of each facility, respond to alarms, monitor the public
and watch for potential disturbances, identify and report security and safety violations,
assist WSD in emergency situations, and prepare daily reports.
Procurement Information
The recommendation was made using a Request for Proposal procurement process in
accordance with City of Phoenix Administrative Regulation 3.10.
Twenty vendors submitted proposals and are listed in Attachment A and all proposals
were found to be responsive and responsible. The evaluation panel recommendation
was reached by consensus in consideration of published selection criteria with total
points ranging from 0 - 1,000:
Company History, Experience and Qualification - 350 points
Company Resources - 250 points
Method of Approach - 200 points
Attachment C - Cost of Services - 200 points
Page 176
The following Offeror is selected for award:
Selected Vendor
IPSA Security Services
Contract Term
The agreement term is five years and will begin on or about July 1, 2021.
Financial Impact
The agreement value for IPSA Security Services will not exceed $4.5 million.
Funding is available in the Water Services Department's Operating budget.
Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Water Services
Department.
Page 177
SECURITY GUARD SERVICES
ATTACHMENT A
1. American Guard Services
2. Inter-Con Security Systems
3. Servexo Protective Services
4. Allied Universal
5. ACT Security
6. G4S Secure Solutions
7. CBI Security Service
8. Transcend Security
9. Vet-Sec Protection
10. Norred Security
11. Bolt Security Guard Services
12. American Security
13. FCS Security
14. Blackstone Security Services
15. GardaWorld Security Services
16. PalAmerican Security
17. Marksman Security
18. Andy Frain Services
19. Prosegur Services
Page 178
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Item text
Avenue and Happy Valley Road
Plat: 200563
Project: 15-3108
Name of Plat: BB Living at Union Park
Owner: US Relp Norterra East I, LLC
Engineer: EPS Group, Inc.
Request: A 1 Lot Commercial Plat
Reviewed by Staff: April 9, 2021
Final Plat requires Formal Action Only
Summary
Staff requests that the above plat be approved by the City Council and certified by the
City Clerk. Recording of the plat dedicates the streets and easements as shown to the
public. This plat needs to record concurrently with Abandonment 200549.
Location
Generally located at the northwest corner of 19th Avenue and Happy Valley Road.
Council District: 1
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Planning and
Development Department.
Page 179
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Item text
Broadway Road
Plat: 200594
Project: 02-2183
Name of Plat: Sunset Farms
Owner: VTLG Sunset Farms Land Co., LLC
Engineer: Douglas B. Toney, RLS
Request: A 1 Lot Commercial Plat
Reviewed by Staff: April 19, 2021
Final Plat requires Formal Action Only
Summary
Staff requests that the above plat be approved by the City Council and certified by the
City Clerk. Recording of the plat dedicates the streets and easements as shown to the
public.
Location
Generally located at the northeast corner of 103rd Avenue and Broadway Road.
Council District: 7
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Planning and
Development Department.
Page 180
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Item text
Avenues
Plat: 200596
Project: 17-430
Name of Plat: Liberty 1B
Owners: Lennar Arizona, Inc. and KB Home Phoenix, Inc.
Engineer: Thomas E. Granillo, RLS
Request: A 254 Lot Residential Plat
Reviewed by Staff: April 5, 2021
Final Plat requires Formal Action Only
Summary
Staff requests that the above plat be approved by the City Council and certified by the
City Clerk. Recording of the plat dedicates the streets and easements as shown to the
public.
Location
Generally located at the northeast corner of 27th and Southern avenues.
Council District: 8
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Planning and
Development Department.
Page 181
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Item text
Request to authorize the City Manager to amend Section 601 of the Phoenix Zoning
Ordinance by adopting Official Supplementary Zoning Map 1217. This amendment
reflects that the property owner has met all of the rezoning conditions previously
approved by City Council with Z-SP-7-04 and the entitlements are fully vested.
Summary
To rezone a parcel located on the southeast corner of 3rd Avenue and Indian School
Road.
Application No.: Z-SP-7-04
Zoning: C-2 SP TOD-1 DNS/WVR
Owner: FSC Colby Creek Apartments LLC
Acreage: 8.93
Location
The southeast corner of 3rd Avenue and Indian School Road.
Address: 3993 N. 3rd Ave.
Council District: 4
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Planning and
Development Department.
Page 182
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
ORDINANCE G-
AN ORDINANCE AMENDING SECTION 601 OF THE CITY
OF PHOENIX ZONING ORDINANCE BY ADOPTING
OFFICIAL SUPPLEMENTARY ZONING MAP 1217
____________
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PHOENIX as
follows:
SECTION 1. That Section 601 of the City of Phoenix Zoning Ordinance is
hereby amended by adopting Official Supplementary Zoning Map 1217 signed by the
Mayor and City Clerk, which is accompanies and is annexed to this ordinance and
declared a part hereof.
PASSED by the Council of the City of Phoenix this 19th day of May, 2021.
_____________________________________
MAYOR
ATTEST:
_________________________ City Clerk
APPROVED AS TO FORM:
Page 183
_________________________ City Attorney
REVIEWED BY:
_________________________ City Manager
Page 184
Attachment B
OFFICIAL SUPPLEMENTARY ZONING MAP NO. 1217 Sheet 1 of 1
ORDINANCE NO. AMENDING SECTION 601 OF THE CITY OF PHOENIX ZONING ORDINANCE
Passed by the Council of the City of Phoenix, Arizona this 19th day of May 2021.
W INDIAN SCHOOL RD
C-2
SP TOD-1
DNS/WVR
N 2ND AVE
Page 185 N 1ST AVE
C-2
SP TOD-1
DNS/WVR
AV E
INDIA NOLA
W
A Portion of Z-SP-7-04
ZONING SUBJECT TO STIPULATIONS: *
Drawn by: KS
_______ AREA INVOLVED BOUNDED THUS:
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Item text
07-1- Approximately 775 Feet North of the Northwest Corner of I-17 and Old West
Trail (Ordinance G-6852)
Request to authorize the City Manager, or his designee, to approve the Planning
Hearing Officer's recommendation without further hearing by the City Council on
matters heard by the Planning Hearing Officer on April 21, 2021.
Summary
Application: PHO-1-21--Z-47-07-1
Existing Zoning: C-2
Acreage: 18.04
Applicant: Brennan Ray, Burch & Cracchiolo PA
Owner: Transwestern Investments LLC
Representative: Brennan Ray, Burch & Cracchiolo PA
Proposal:
1. Review of conceptual site plan and elevations by the Planning Hearing Officer per
Stipulation 1.
2. Modification of Stipulation 2 regarding approval of a comprehensive sign plan.
Concurrence/Previous Council Action
Village Planning Committee Recommendation: The Rio Vista Village Planning
Committee heard this case on April 13, 2021 and recommended denial, by a vote of 4-
2.
PHO Action: The Planning Hearing Officer heard this case on April 21, 2021 and
recommended approval with a modification and additional stipulations. See
Attachment A for the full list of Planning Hearing Officer recommended stipulations.
Location
Approximately 775 feet north of the northwest corner of I-17 and Old West Trail
Council District: 1
Parcel Address: N/A
Page 186
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Planning and
Development Department.
Page 187
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
ORDINANCE G-
AN ORDINANCE AMENDING THE STIPULATIONS APPLICABLE TO
REZONING APPLICATION Z-47-07-1 PREVIOUSLY APPROVED BY
ORDINANCE G-4947.
____________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
follows:
SECTION 1. The zoning stipulations applicable located approximately
775 feet north of the northwest corner of I-17 and Old West Trail in a portion of Section
10, Township 6 North, Range 2 East, as described more specifically in Attachment “A”,
are hereby modified to read as set forth below.
STIPULATIONS:
1. That conceptual site plan(s) and elevations shall be approved by the
Planning Hearing Officer through the public hearing process prior to
Development Services Department preliminary site plan approval. The site
plan(s) and elevations shall include the following:
THE DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH
THE SITE PLAN AND ELEVATIONS DATE STAMPED MARCH 5, 2021,
AS MODIFIED BY THE FOLLOWING STIPULATIONS AND APPROVED
BY THE PLANNING AND DEVELOPMENT DEPARTMENT.
a. Elevations which provide architectural consistency in building mass
and style, wall treatments, lighting, and signage.
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b. The primary finishing materials for buildings shall consist of natural
desert materials or materials which are appropriate for the natural
desert context.
c. Drive-thru facilities shall be oriented so that drive-thru windows are
not visible from adjacent public streets.
d. Landscaping, arcades, or overhangs which provide shaded walkways
shall be utilized.
e. That parking areas shall be designed with landscaped areas to break
up the large expanses of parking.
f. Special consideration shall be given to site design in the event
residential uses are proposed to adequately mitigate the impacts of
the proximity to Interstate 17, such as innovative site design,
increased setbacks, sound barriers, and increased landscaping.
g. An architectural plan shall be approved with the elevations. The
architectural plan shall convey a sense of continuity throughout the
development and at a minimum include the following:
i. Natural accent materials such as brick, stone, or tile for buildings
and signage.
ii. Architectural detailing such as recesses, pop outs, shade walls,
parapets, artistic insets, or pilasters.
iii. Street appurtenances such as benches, seat-walls, ramadas,
shade structures, trash enclosures, lighting, and wayfinding
signage.
iv. Detail sections for screening and perimeter walls as well as walls
interior to the site; said walls shall be designed and finished with
materials similar to those of the buildings’ architectural detailing.
2. THE LANDSCAPE PALETTE SHALL INCLUDE NATIVE AND DROUGHT
RESISTANT SPECIES COMPATIBLE WITH AND REFLECTING THE
SURROUNDING DESERT ENVIRONMENT, AS APPROVED BY THE
PLANNING AND DEVELOPMENT DEPARTMENT.
3. That FOR COMMERCIAL LAND USES, a comprehensive sign plan for the
2. entire property shall be approved by the Zoning Administrator FOR THE
ENTIRE DEVELOPMENT in accordance with Section 705 of the Zoning
Ordinance prior to Development Services Department final site plan
approval for the first phase of development.
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4. That 55 feet of right-of-way shall be dedicated for the east half of 43rd
3. Avenue as approved by the Street Transportation Department.
5. That Additional right-of-way shall be dedicated for the future expansion of
4. the freeway/frontage road as approved by the Street Transportation
Department.
6. That The developer shall construct all streets within and adjacent to the
5. development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
median islands, landscaping, and other incidentals as per plans approved
or modified by the Street Transportation Department.
7. The applicant shall complete and submit the Developer Project Information
6. Form for the MAG Transportation Improvement Program to the Street
Transportation Department. This form is a requirement of the EPA to meet
clean air quality requirements.
8. That The applicant shall submit an archaeological survey report of the
7. development area for review and approval by the City Archaeologist prior
to clearing and grubbing, landscape salvage, and/or grading. Further
archaeological monitoring and/or testing (trenching) may be necessary
based on the results of the survey.
9. IF DETERMINED NECESSARY BY THE PHOENIX ARCHAEOLOGY
OFFICE, THE APPLICANT SHALL CONDUCT PHASE I DATA TESTING
AND SUBMIT AN ARCHAEOLOGICAL SURVEY REPORT OF THE
DEVELOPMENT AREA FOR REVIEW AND APPROVAL BY THE CITY
ARCHAEOLOGIST PRIOR TO CLEARING AND GRUBBING,
LANDSCAPE SALVAGE, AND/OR GRADING APPROVAL.
10. IF PHASE I DATA TESTING IS REQUIRED, AND IF, UPON REVIEW OF
THE RESULTS FROM THE PHASE I DATA TESTING, THE CITY
ARCHAEOLOGIST, IN CONSULTATION WITH A QUALIFIED
ARCHAEOLOGIST, DETERMINES SUCH DATA RECOVERY
EXCAVATIONS ARE NECESSARY, THE APPLICANT SHALL CONDUCT
PHASE II ARCHAEOLOGICAL DATA RECOVERY EXCAVATIONS.
11. IN THE EVENT ARCHAEOLOGICAL MATERIALS ARE ENCOUNTERED
DURING CONSTRUCTION, THE DEVELOPER SHALL IMMEDIATELY
CEASE ALL GROUND-DISTURBING ACTIVITIES WITHIN A 33- FOOT
RADIUS OF THE DISCOVERY, NOTIFY THE CITY ARCHAEOLOGIST,
AND ALLOW TIME FOR THE ARCHAEOLOGY OFFICE TO PROPERLY
ASSESS THE MATERIALS.
Page 190
SECTION 2. Due to the site’s specific physical conditions and the use
district granted pursuant to Ordinance G-4947, this portion of the rezoning is now
subject to the stipulations approved pursuant to Ordinance G-4947 and as modified in
Section 1 of this Ordinance. Any violation of the stipulation is a violation of the City of
Phoenix Zoning Ordinance. Building permits shall not be issued for the subject site until
all the stipulations have been met.
SECTION 3. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions hereof.
PASSED by the Council of the City of Phoenix this 19th day of May, 2021.
________________________________
MAYOR
ATTEST:
____________________________City Clerk
APPROVED AS TO FORM:
____________________________City Attorney
REVIEWED BY:
____________________________City Manager
Page 191
Exhibits:
A - Legal Description (10 Pages)
B - Ordinance Location Map (1 Page)
Page 192
EXHIBIT A
LEGAL DESCRIPTION FOR PHO-1-21—Z-47-07-1
PARCEL NO. 1:
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 6
NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 10;
THENCE SOUTH 00 DEGREES 04 MINUTES EAST 1,036.65 FEET ALONG THE
WEST LINE OF SAID SECTION 10 TO THE POINT OF BEGINNING;
THENCE CONTINUE SOUTH 00 DEGREES 04 MINUTES EAST, 101.55 FEET;
THENCE EAST 1,289.52 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE
OF THE BLACK CANYON HIGHWAY;
THENCE NORTH 101.70 FEET ALONG THE CURVED RIGHT-OF-WAY LINE OF
SAID HIGHWAY TO A POINT 1,284.17 FEET EAST OF THE POINT OF BEGINNING;
THENCE WEST 1,284.17 FEET TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION WHICH IS CONVEYED TO CITY OF PHOENIX, A
MUNICIPAL CORPORATION RECORDED IN WARRANTY DEED RECORDED
DECEMBER 10, 2020 AS 2020-2020-1215783 DESCRIBED AS FOLLOWS:
THAT PORTION OF A PARCEL OF LAND DESCRIBED AS PARCEL NO. 1 IN
DOCUMENT # 2010-0027004 LYING IN THE NORTHWEST QUARTER OF SECTION
10, TOWNSHIP 6 NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE
AND MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE CITY OF PHOENIX BRASS CAP FLUSH FOUND AT THE
NORTHWEST CORNER OF SAID SECTION 10, FROM WHICH THE GENERAL LAND
OFFICE (GLO) BRASS CAP FOUND FLUSH AT THE WEST QUARTER CORNER OF
SAID SECTION 10 BEARS SOUTH 00 DEGREE 03 MINUTES 36 SECONDS WEST A
DISTANCE OF 2,634.74 FEET, SAID LINE BEING THE WEST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 10 AND THE BASIS OF BEARINGS
FOR THIS DESCRIPTION;
THENCE ALONG SAID WEST LINE, SOUTH 00 DEGREE 03 MINUTES 36 SECONDS
WEST A DISTANCE OF 1,036.61 FEET TO A POINT ON THE SOUTH LINE OF LOT 1
OF THE FINAL PLAT OF “DAISY MOUNTAIN SUBSTATION” AS FOUND IN BOOK
Page 193
1315 OF MAPS, PAGE 3 OF THE MARICOPA COUNTY RECORDER, SAID POINT
BEING THE POINT OF BEGINNING;
THENCE ALONG SAID SOUTH LINE, SOUTH 89 DEGREES 53 MINUTES 58
SECONDS EAST A DISTANCE OF 65.00 FEET TO A POINT ON A LINE PARALLEL
WITH AND 65.00 FEET DISTANT FROM SAID WEST LINE;
THENCE ALONG SAID PARALLEL LINE, SOUTH 00 DEGREE 03 MINUTES 36
SECONDS WEST A DISTANCE OF 101.59 FEET TO A POINT ON THE SOUTH
DEED LINE OF SAID PARCEL OF LAND;
THENCE ALONG SAID SOUTH DEED LINE, NORTH 89 DEGREES 53 MINUTES 58
SECONDS WEST A DISTANCE OF 65.00 FEET TO A POINT ON SAID WEST LINE
OF THE NORTHWEST QUARTER;
THENCE ALONG SAID WEST LINE, NORTH 00 DEGREES 03 MINUTES 36
SECONDS EAST A DISTANCE OF 101.59 FEET TO THE POINT OF BEGINNING.
PARCEL NO. 2:
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 6
NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 10;
THENCE SOUTH 00 DEGREES 04 MINUTES EAST 1138.20 FEET ALONG THE
WEST LINE OF SAID SECTION 10, TO THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 00 DEGREES 04 MINUTES EAST 337.93 FEET TO A
POINT;
THENCE EAST 1313.06 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF
THE BLACK CANYON HIGHWAY;
THENCE NORTH ALONG THE CURVED WEST RIGHT-OF-WAY LINE OF SAID
HIGHWAY 338.78 FEET TO A POINT 1289.52 FEET EAST OF THE POINT OF
BEGINNING;
THENCE WEST 1289.52 FEET TO THE POINT OF BEGINNING;
EXCEPT THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT SOUTH 00 DEGREES 04 MINUTES EAST 1476.13
FEET OF THE NORTHWEST CORNER OF SAID SECTION 10;
Page 194
THENCE EAST ALONG THE NORTH LINE OF A PARCEL DESCRIBED IN DOCKET
10323, PAGE 581, RECORDS OF MARICOPA COUNTY, ARIZONA, 996.91 FEET TO
THE POINT OF BEGINNING;
THENCE CONTINUING EAST ALONG SAID NORTH LINE 316.15 FEET TO A POINT
ON A CURVE BEING ON THE WEST, RIGHT-OF-WAY LINE OF THE PHOENIX-
ROCK SPRINGS HIGHWAY AS ESTABLISHED BY INSTRUMENT RECORDED IN
BOOK 556 OF DEEDS, PAGE 521, RECORDS OF MARICOPA COUNTY, ARIZONA;
THENCE NORTH ALONG SAID WEST RIGHT-OF-WAY LINE 99.98 FEET; THENCE
SOUTH 89 DEGREES 31 MINUTES 11 SECONDS WEST 307.93 FEET; THENCE
SOUTH 00 DEGREES 24 MINUTES 07 SECONDS WEST 97.12 FEET TO THE POINT
OF BEGINNING.
EXCEPT THAT PORTION WHICH IS CONVEYED TO CITY OF PHOENIX, A
MUNICIPAL CORPORATION RECORDED IN WARRANTY DEED RECORDED
DECEMBER 10, 2020 AS 2020-2020-1215783 DESCRIBED AS FOLLOWS:
THAT PORTION OF A PARCEL OF LAND DESCRIBED AS TRACT TWO PARCEL
NO. 1 IN DOCUMENT # 2005-0946507 LYING IN THE NORTHWEST QUARTER OF
SECTION 10, TOWNSHIP 6 NORTH, RANGE 2 EAST OF THE GILA AND SALT
RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CITY OF PHOENIX BRASS CAP FLUSH FOUND AT THE
NORTHWEST CORNER OF SAID SECTION 10, FROM WHICH THE GENERAL LAND
OFFICE (GLO) BRASS CAP FOUND FLUSH AT THE WEST QUARTER CORNER OF
SAID SECTION 10 BEARS SOUTH 00 DEGREE 03 MINUTES 36 SECONDS WEST A
DISTANCE OF 2,634.74 FEET, SAID LINE BEING THE WEST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 10 AND THE BASIS OF BEARINGS
FOR THIS DESCRIPTION;
THENCE ALONG SAID WEST LINE, SOUTH 00 DEGREE 03 MINUTES 36 SECONDS
WEST A DISTANCE OF 1,379.01 FEET TO A POINT ON THE NORTH LINE OF SAID
PARCEL OF LAND, SAID POINT BEING THE POINT OF BEGINNING;
THENCE ALONG SAID NORTH LINE, SOUTH 89 DEGREES 53 MINUTES 58
SECONDS EAST A DISTANCE OF 65.00 FEET TO A POINT ON A LINE PARALLEL
WITH AND 65.00 FEET DISTANT FROM SAID WEST LINE;
THENCE ALONG SAID PARALLEL LINE, SOUTH 00 DEGREE 03 MINUTES 36
SECONDS WEST A DISTANCE OF 97.12 FEET TO A POINT ON THE SOUTH DEED
LINE OF SAID PARCEL OF LAND;
Page 195
THENCE ALONG SAID SOUTH DEED LINE, NORTH 89 DEGREES 53 MINUTES 58
SECONDS WEST A DISTANCE OF 65.00 FEET TO A POINT ON SAID WEST LINE
OF THE NORTHWEST QUARTER;
THENCE ALONG SAID WEST LINE, NORTH 00 DEGREES 03 MINUTES 36
SECONDS EAST A DISTANCE OF 97.12 FEET TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION WHICH IS CONVEYED TO CITY OF PHOENIX, A
MUNICIPAL CORPORATION RECORDED IN WARRANTY DEED RECORDED
DECEMBER 10, 2020 AS 2020-2020-1215783 DESCRIBED AS FOLLOWS:
THAT PORTION OF A PARCEL OF LAND DESCRIBED AS PARCEL NO. 2 IN
DOCUMENT # 2010-0027004 LYING IN THE NORTHWEST QUARTER OF SECTION
10, TOWNSHIP 6 NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVERBASE
AND MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE CITY OF PHOENIX BRASS CAP FLUSH FOUND AT THE
NORTHWEST CORNER OF SAID SECTION 10, FROM WHICH THE GENERAL LAND
OFFICE (GLO) BRASS CAP FOUND FLUSH AT THE WEST QUARTER CORNER OF
SAID SECTION 10 BEARS SOUTH 00 DEGREE 03 MINUTES 36 SECONDS WEST A
DISTANCE OF 2,634.74 FEET, SAID LINE BEING THE WEST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 10 AND THE BASIS OF BEARINGS
FOR THIS DESCRIPTION;
THENCE ALONG SAID WEST LINE, SOUTH 00 DEGREE 03 MINUTES 36 SECONDS
WEST A DISTANCE OF
1,138.20 FEET TO A POINT ON THE NORTH LINE OF SAID PARCEL OF LAND,
SAID POINT BEING THE POINT OF BEGINNING;
THENCE ALONG SAID NORTH LINE, SOUTH 89 DEGREES 53 MINUTES 58
SECONDS EAST A DISTANCE OF 65.00 FEET TO A POINT ON A LINE PARALLEL
WITH AND 65.00 FEET DISTANT FROM SAID WEST LINE;
THENCE ALONG SAID PARALLEL LINE, SOUTH 00 DEGREE 03 MINUTES 36
SECONDS WEST A DISTANCE OF
240.81 FEET TO A POINT ON THE SOUTH DEED LINE OF SAID PARCEL OF LAND;
THENCE ALONG SAID SOUTH DEED LINE, NORTH 89 DEGREES 53 MINUTES 58
SECONDS WEST A DISTANCE OF 65.00 FEET TO A POINT ON SAID WEST LINE
OF THE NORTHWEST QUARTER;
THENCE ALONG SAID WEST LINE, NORTH 00 DEGREES 03 MINUTES 36
SECONDS EAST A DISTANCE OF 240.81 FEET TO THE POINT OF BEGINNING.
PARCEL NO. 3:
Page 196
AN EASEMENT FOR INGRESS AND EGRESS OVER THAT PORTION OF THE
NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 6 NORTH, RANGE 2 EAST
OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY,
ARIZONA, BEING 10 FEET IN WIDTH AND LYING SOUTH OF AND ADJACENT TO
THE FOLLOWING DESCRIBED LINE:
COMMENCING AT A POINT SOUTH 00 DEGREES 04 MINUTES EAST 1476.13
FEET OF THE NORTHWEST CORNER OF SAID SECTION 10;
THENCE EAST ALONG THE NORTH LINE OF A PARCEL DESCRIBED IN DOCKET
10323, PAGE 581, RECORDS OF MARICOPA COUNTY, ARIZONA, 996.91 FEET;
THENCE NORTH 00 DEGREES 24 MINUTES 07 SECONDS EAST 97.12 FEET TO
THE BEGINNING OF SAID EASEMENT;
THENCE NORTH 89 DEGREES 31 MINUTES 11 SECONDS EAST 307.93 FEET TO
THE TERMINUS OF SAID EASEMENT
PARCEL NO. 4 9V-17A:
THE NORTH 150 FEET OF THE FOLLOWING DESCRIBED PROPERTY:
BEGINNING AT A POINT SOUTH 0 DEGREES 04 MINUTES EAST 1476.13 FEET OF
THE NORTHWEST CORNER OF SECTION 10, TOWNSHIP 6 NORTH, RANGE 2
EAST, OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA
COUNTY, ARIZONA;
THENCE SOUTH 0 DEGREES 04 MINUTES EAST 650 FEET TO A POINT;
THENCE EAST 1371.27 FEET TO A POINT;
THENCE NORTH 5 DEGREES 31 MINUTES 235.32 FEET ALONG THE WEST
RIGHT-OF-WAY LINE OF THE PHOENIX-ROCK SPRINGS HIGHWAY, AS
ESTABLISHED BY INSTRUMENT RECORDED IN BOOK 556 OF DEEDS, PAGE 521,
TO A POINT BEING THE BEGINNING OF A CURVE OF THE SAID RIGHT-OF-WAY
LINE;
THENCE ALONG THE CURVED RIGHT-OF-WAY LINE 415.74 FEET TO A POINT
BEING 1316.9 FEET EAST OF THE POINT OF BEGINNING;
THENCE WEST 1316.90 FEET TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION WHICH IS CONVEYED TO CITY OF PHOENIX, A
MUNICIPAL CORPORATION RECORDED IN WARRANTY DEED RECORDED
DECEMBER 10, 2020 AS 2020-2020-1215783 DESCRIBED AS FOLLOWS:
Page 197
THAT PORTION OF A PARCEL OF LAND DESCRIBED AS TRACT ONE PARCEL
NO. 1 IN DOCUMENT # 2005-
0946507 LYING IN THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 6
NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE CITY OF PHOENIX BRASS CAP FLUSH FOUND AT THE
NORTHWEST CORNER OF SAID SECTION 10, FROM WHICH THE GENERAL LAND
OFFICE (GLO) BRASS CAP FOUND FLUSH AT THE WEST QUARTER CORNER OF
SAID SECTION 10 BEARS SOUTH 00 DEGREE 03 MINUTES 36 SECONDS WEST A
DISTANCE OF 2,634.74 FEET, SAID LINE BEING THE WEST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 10 AND THE BASIS OF BEARINGS
FOR THIS DESCRIPTION;
THENCE ALONG SAID WEST LINE, SOUTH 00 DEGREE 03 MINUTES 36 SECONDS
WEST A DISTANCE OF
1,476.13 FEET TO A POINT ON THE NORTH LINE OF SAID PARCEL OF LAND,
SAID POINT BEING THE POINT OF BEGINNING;
THENCE ALONG SAID NORTH LINE, SOUTH 89 DEGREES 53 MINUTES 58
SECONDS EAST A DISTANCE OF 65.00 FEET TO A POINT ON A LINE PARALLEL
WITH AND 65.00 FEET DISTANT FROM SAID WEST LINE;
THENCE ALONG SAID PARALLEL LINE, SOUTH 00 DEGREE 03 MINUTES 36
SECONDS WEST A DISTANCE OF
150.00 FEET TO A POINT ON THE NORTH DEED LINE OF THE PARCEL OF LAND
DESCRIBED IN DOCUMENT # 2018-0547706 OF THE MARICOPA COUNTY
RECORDER;
THENCE ALONG LAST-MENTIONED NORTH DEED LINE, NORTH 89 DEGREES 53
MINUTES 58 SECONDS WEST A DISTANCE OF 65.00 FEET TO A POINT ON SAID
WEST LINE OF THE NORTHWEST QUARTER;
THENCE ALONG SAID WEST LINE, NORTH 00 DEGREES 03 MINUTES 36
SECONDS EAST A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING.
PARCEL NO. 5: 9H-19
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 6
NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT SOUTH 00 DEGREES 04 MINUTES 1476.13 FEET OF
THE NORTHWEST CORNER OF SAID SECTION 10;
Page 198
THENCE EAST ALONG THE NORTH LINE OF A PARCEL DESCRIBED IN DOCKET
10323, PAGE 581, RECORDS OF MARICOPA COUNTY, ARIZONA, 996.91 FEET TO
THE POINT OF BEGINNING;
THENCE CONTINUING EAST ALONG SAID NORTH LINE 316.15 FEET TO A POINT
ON A CURVE BEING ON THE WEST RIGHT-OF-WAY LINE OF THE PHOENIX-
ROCK SPRINGS HIGHWAY AS ESTABLISHED BY INSTRUMENT RECORDED IN
BOOK 556 OF DEEDS, PAGE 521, RECORDS OF MARICOPA COUNTY, ARIZONA;
THENCE NORTH ALONG SAID WEST RIGHT-OF-WAY LINE 99.98 FEET;
THENCE SOUTH 89 DEGREES 31 MINUTES 11 SECONDS WEST 307.93 FEET;
THENCE SOUTH 00 DEGREES 24 MINUTES 07 SECONDS WEST 97.12 FEET TO
THE POINT OF BEGINNING.
PARCEL NO. 6
THAT PORTION OF A PARCEL OF LAND DESCRIBED AS TRACT ONE PARCEL
NO. 1 IN DOCUMENT # 2005-
0946507 LYING IN THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 6
NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE CITY OF PHOENIX BRASS CAP FLUSH FOUND AT THE
NORTHWEST CORNER OF SAID SECTION 10, FROM WHICH THE GENERAL LAND
OFFICE (GLO) BRASS CAP FOUND FLUSH AT THE WEST QUARTER CORNER OF
SAID SECTION 10 BEARS SOUTH 00 DEGREE 03 MINUTES 36 SECONDS WEST A
DISTANCE OF 2,634.74 FEET, SAID LINE BEING THE WEST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 10 AND THE BASIS OF BEARINGS
FOR THIS DESCRIPTION;
THENCE ALONG SAID WEST LINE, SOUTH 00 DEGREE 03 MINUTES 36 SECONDS
WEST A DISTANCE OF
1,476.13 FEET TO A POINT ON THE NORTH LINE OF SAID PARCEL OF LAND,
SAID POINT BEING THE POINT OF BEGINNING;
THENCE ALONG SAID NORTH LINE, SOUTH 89 DEGREES 53 MINUTES 58
SECONDS EAST A DISTANCE OF 65.00 FEET TO A POINT ON A LINE PARALLEL
WITH AND 65.00 FEET DISTANT FROM SAID WEST LINE;
THENCE ALONG SAID PARALLEL LINE, SOUTH 00 DEGREE 03 MINUTES 36
SECONDS WEST A DISTANCE OF
Page 199
150.00 FEET TO A POINT ON THE NORTH DEED LINE OF THE PARCEL OF LAND
DESCRIBED IN DOCUMENT # 2018- 0547706 OF THE MARICOPA COUNTY
RECORDER;
THENCE ALONG LAST-MENTIONED NORTH DEED LINE, NORTH 89 DEGREES 53
MINUTES 58 SECONDS WEST A DISTANCE OF 65.00 FEET TO A POINT ON SAID
WEST LINE OF THE NORTHWEST QUARTER;
THENCE ALONG SAID WEST LINE, NORTH 00 DEGREES 03 MINUTES 36
SECONDS EAST A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING.
PARCEL NO. 7
THAT PORTION OF A PARCEL OF LAND DESCRIBED AS PARCEL NO. 1 IN
DOCUMENT # 2010-0027004 LYING IN THE NORTHWEST QUARTER OF SECTION
10, TOWNSHIP 6 NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE
AND MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE CITY OF PHOENIX BRASS CAP FLUSH FOUND AT THE
NORTHWEST CORNER OF SAID SECTION 10, FROM WHICH THE GENERAL LAND
OFFICE (GLO) BRASS CAP FOUND FLUSH AT THE WEST QUARTER CORNER OF
SAID SECTION 10 BEARS SOUTH 00 DEGREE 03 MINUTES 36 SECONDS WEST A
DISTANCE OF 2,634.74 FEET, SAID LINE BEING THE WEST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 10 AND THE BASIS OF BEARINGS
FOR THIS DESCRIPTION;
THENCE ALONG SAID WEST LINE, SOUTH 00 DEGREE 03 MINUTES 36 SECONDS
WEST A DISTANCE OF
1,036.61 FEET TO A POINT ON THE SOUTH LINE OF LOT 1 OF THE FINAL PLAT
OF “DAISY MOUNTAIN SUBSTATION” AS FOUND IN BOOK 1315 OF MAPS, PAGE 3
OF THE MARICOPA COUNTY RECORDER,
SAID POINT BEING THE POINT OF BEGINNING;
THENCE ALONG SAID SOUTH LINE, SOUTH 89 DEGREES 53 MINUTES 58
SECONDS EAST A DISTANCE OF 65.00 FEET TO A POINT ON A LINE PARALLEL
WITH AND 65.00 FEET DISTANT FROM SAID WEST LINE;
THENCE ALONG SAID PARALLEL LINE, SOUTH 00 DEGREE 03 MINUTES 36
SECONDS WEST A DISTANCE OF
101.59 FEET TO A POINT ON THE SOUTH DEED LINE OF SAID PARCEL OF LAND;
THENCE ALONG SAID SOUTH DEED LINE, NORTH 89 DEGREES 53 MINUTES 58
SECONDS WEST A DISTANCE OF 65.00 FEET TO A POINT ON SAID WEST LINE
OF THE NORTHWEST QUARTER;
Page 200
THENCE ALONG SAID WEST LINE, NORTH 00 DEGREES 03 MINUTES 36
SECONDS EAST A DISTANCE OF 101.59 FEET TO THE POINT OF BEGINNING.
PARCEL NO. 8
THAT PORTION OF A PARCEL OF LAND DESCRIBED AS TRACT TWO PARCEL
NO. 1 IN DOCUMENT # 2005-
0946507 LYING IN THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 6
NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN,
MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE CITY OF PHOENIX BRASS CAP FLUSH FOUND AT THE
NORTHWEST CORNER OF SAID SECTION 10, FROM WHICH THE GENERAL LAND
OFFICE (GLO) BRASS CAP FOUND FLUSH AT THE WEST QUARTER CORNER OF
SAID SECTION 10 BEARS SOUTH 00 DEGREE 03 MINUTES 36 SECONDS WEST A
DISTANCE OF 2,634.74 FEET, SAID LINE BEING THE WEST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 10 AND THE BASIS OF BEARINGS
FOR THIS DESCRIPTION;
THENCE ALONG SAID WEST LINE, SOUTH 00 DEGREE 03 MINUTES 36 SECONDS
WEST A DISTANCE OF
1,379.01 FEET TO A POINT ON THE NORTH LINE OF SAID PARCEL OF LAND,
SAID POINT BEING THE POINT OF BEGINNING;
THENCE ALONG SAID NORTH LINE, SOUTH 89 DEGREES 53 MINUTES 58
SECONDS EAST A DISTANCE OF 65.00 FEET TO A POINT ON A LINE PARALLEL
WITH AND 65.00 FEET DISTANT FROM SAID WEST LINE;
THENCE ALONG SAID PARALLEL LINE, SOUTH 00 DEGREE 03 MINUTES 36
SECONDS WEST A DISTANCE OF 97.12 FEET TO A POINT ON THE SOUTH DEED
LINE OF SAID PARCEL OF LAND;
THENCE ALONG SAID SOUTH DEED LINE, NORTH 89 DEGREES 53 MINUTES 58
SECONDS WEST A DISTANCE OF 65.00 FEET TO A POINT ON SAID WEST LINE
OF THE NORTHWEST QUARTER;
THENCE ALONG SAID WEST LINE, NORTH 00 DEGREES 03 MINUTES 36
SECONDS EAST A DISTANCE OF 97.12 FEET TO THE POINT OF BEGINNING.
PARCEL NO. 9
THAT PORTION OF A PARCEL OF LAND DESCRIBED AS PARCEL NO. 2 IN
DOCUMENT # 2010-0027004 LYING IN THE NORTHWEST QUARTER OF SECTION
10, TOWNSHIP 6 NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE
Page 201
AND MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE CITY OF PHOENIX BRASS CAP FLUSH FOUND AT THE
NORTHWEST CORNER OF SAID SECTION 10, FROM WHICH THE GENERAL LAND
OFFICE (GLO) BRASS CAP FOUND FLUSH AT
THE WEST QUARTER CORNER OF SAID SECTION 10 BEARS SOUTH 00 DEGREE
03 MINUTES 36 SECONDS WEST A DISTANCE OF 2,634.74 FEET, SAID LINE
BEING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10
AND THE BASIS OF BEARINGS FOR THIS DESCRIPTION;
THENCE ALONG SAID WEST LINE, SOUTH 00 DEGREE 03 MINUTES 36 SECONDS
WEST A DISTANCE OF
1,138.20 FEET TO A POINT ON THE NORTH LINE OF SAID PARCEL OF LAND,
SAID POINT BEING THE POINT OF BEGINNING;
THENCE ALONG SAID NORTH LINE, SOUTH 89 DEGREES 53 MINUTES 58
SECONDS EAST A DISTANCE OF 65.00 FEET TO A POINT ON A LINE PARALLEL
WITH AND 65.00 FEET DISTANT FROM SAID WEST LINE;
THENCE ALONG SAID PARALLEL LINE, SOUTH 00 DEGREE 03 MINUTES 36
SECONDS WEST A DISTANCE OF
240.81 FEET TO A POINT ON THE SOUTH DEED LINE OF SAID PARCEL OF LAND;
THENCE ALONG SAID SOUTH DEED LINE, NORTH 89 DEGREES 53 MINUTES 58
SECONDS WEST A DISTANCE OF 65.00 FEET TO A POINT ON SAID WEST LINE
OF THE NORTHWEST QUARTER;
THENCE ALONG SAID WEST LINE, NORTH 00 DEGREES 03 MINUTES 36
SECONDS EAST A DISTANCE OF 240.81 FEET TO THE POINT OF BEGINNING.
Page 202
Page 203
Report
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Item text
Hearing Officer Action - PHO-2-21--Z-62-05-7 - Northeast Corner of 59th Avenue
and Watkins Street
Request to authorize the City Manager, or his designee, to approve Planning Hearing
Officer's recommendation without further hearing by the City Council on matters heard
by the Planning Hearing Officer on April 21, 2021. This ratification requires formal
action only.
Summary
Application: PHO-2-21--Z-62-05-7
Existing Zoning: A-1
Acreage: 13.4
Applicant: Cindy Olsen, VTRE Development LLC
Owner: Buckeye 59 LLC
Representative: Toby Rogers, Butler Design Group
Proposal:
1. Submittal of site plan and elevations for review by the Planning Hearing Officer per
Stipulation 4.
2. Technical corrections to Stipulations 1, 2, 3, 5 and 9.
Concurrence/Previous Council Action
Village Planning Committee Recommendation: The Estrella Village Planning
Committee opted not to hear this case.
PHO Action: The Planning Hearing Officer heard this case on April 21, 2021 and
recommended approval with additional stipulations. See Attachment A for the full list
of Planning Hearing Officer recommended stipulations.
Location
Northeast corner of 59th Avenue and Watkins Street
Council District: 7
Parcel Address: N/A
Page 204
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Planning and
Development Department.
Page 205
Attachment A – Stipulations - PHO-2-21--Z-62-05-7
Location: Northeast corner of 59th Avenue and Watkins Street
Stipulations:
CONFORMANCE TO SITE PLAN
1. That The development shall be in general conformance to the conceptual
development plan for the Metro Auto Auction Center only, date stamped
May 26, 2005, and the Shade Canopy Plan date stamped May 26, 2005,
as approved or modified by the PLANNING AND Development Services
Department to be centrally located in the auto inventory area.
2. That The perimeter landscape setback along 59th Avenue shall be in
accordance with Commerce Park/General Commerce Park standards, as
approved or modified by the PLANNING AND Development Services
Department.
3. That The request shall be in general conformance to the Conceptual
Landscape Plan date stamped May 26, 2005 as modified by the following
and approved by the PLANNING AND Development Services Department:
a. That Landscaping shall be consistent with the Estrella Village Arterial
Street Landscape LANDSCAPING Program as approved or modified
by PLANNING AND Development Services Department. Appropriate
trees, shrubs and groundcover shall be placed along a minimum 6-
foot-high decorative wall which shall wrap around the north side of the
site for a distance of 250 feet.
4. That the north portion of the site shall be subject to the Planning Hearing
Officer process for site plan and elevation review.
THE NORTH PORTION OF THE DEVELOPMENT SHALL BE IN
GENERAL CONFORMANCE WITH THE SITE PLAN AND ELEVATIONS
DATE STAMPED MARCH 5, 2021, AS MODIFIED BY THE FOLLOWING
STIPULATIONS AND APPROVED BY THE PLANNING AND
DEVELOPMENT DEPARTMENT.
5. That A 75’ by 75’ enhanced landscape triangle shall be provided at the
entrances on the west side of the development along 59th Avenue.
Monument signage, no greater than 8 feet in height, shall be provided, if
necessary, as approved by THE PLANNING AND Development Services
Department.
6. That No outdoor storage shall be visible from 59th Avenue.
Page 206
7. THE DEVELOPER SHALL CONSTRUCT AND DEDICATE A SHARED-
USE PATH AND RELATED EASEMENT ALONG THE EAST SIDE OF
59TH AVENUE IN ACCORDANCE WITH THE CITY OF PHOENIX
STANDARD TRAIL DETAILS AND AS APPROVED OR MODIFIED BY
THE PARKS AND RECREATION DEPARTMENT.
OTHER ISSUES ARCHAEOLOGY
8. That The subject site has the potential to contain archaeological
7. resources. That The applicant shall submit an archaeological survey for
review and approval by the City Archaeologist (602) 495-0901 prior to
grading permit issuance.
9. IF DETERMINED NECESSARY BY THE PHOENIX ARCHAEOLOGY
OFFICE, THE APPLICANT SHALL CONDUCT PHASE I DATA TESTING
AND SUBMIT AN ARCHAEOLOGICAL SURVEY REPORT OF THE
DEVELOPMENT AREA FOR REVIEW AND APPROVAL BY THE CITY
ARCHAEOLOGIST PRIOR TO CLEARING AND GRUBBING,
LANDSCAPE SALVAGE, AND/OR GRADING APPROVAL.
10. IF PHASE I DATA TESTING IS REQUIRED, AND IF, UPON REVIEW OF
THE RESULTS FROM THE PHASE I DATA TESTING, THE CITY
ARCHAEOLOGIST, IN CONSULTATION WITH A QUALIFIED
ARCHAEOLOGIST, DETERMINES SUCH DATA RECOVERY
EXCAVATIONS ARE NECESSARY, THE APPLICANT SHALL CONDUCT
PHASE II ARCHAEOLOGICAL DATA RECOVERY EXCAVATIONS.
11. IN THE EVENT ARCHAEOLOGICAL MATERIALS ARE ENCOUNTERED
DURING CONSTRUCTION, THE DEVELOPER SHALL IMMEDIATELY
CEASE ALL GROUND-DISTURBING ACTIVITIES WITHIN A 33- FOOT
RADIUS OF THE DISCOVERY, NOTIFY THE CITY ARCHAEOLOGIST,
AND ALLOW TIME FOR THE ARCHAEOLOGY OFFICE TO PROPERLY
ASSESS THE MATERIALS.
RIGHT OF WAY STREET TRANSPORTATION
12. That Right-of-way totaling 55 feet shall be dedicated for the east half of
8. 59th Avenue.
13. The developer shall construct all streets within and adjacent to the
9. development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
median islands, landscaping, and other incidentals as per plans approved
by the PLANNING AND Development Services Department. All
improvements shall comply with all ADA accessibility standards.
Page 207
14. The applicant shall complete and submit the Developer Project Information
10. Form for the MAG Transportation Improvement Program to the Street
Transportation Department. This form is a requirement of the EPA to meet
clean air quality requirements.
Page 208
Report
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Item text
Ordinance Adoption - Amend City Code - Rezoning Application Z-56-20-4 -
Southeast Corner of 3rd Avenue and Coolidge Street (Ordinance G-6853)
Request to hold a public hearing on a proposal to amend the Phoenix Zoning
Ordinance, Section 601, the Zoning Map of the City of Phoenix, by adopting Rezoning
Application Z-56-20-4 and rezone the site from R-3 (Multifamily Residence District)
and R-5 (Multifamily Residence District) to PUD (Planned Unit Development) for
multifamily residential.
Summary
Current Zoning: R-3 (Multifamily Residence District) (0.18-acres) and R-5 (Multifamily
Residence District) (3.11 acres)
Proposed Zoning: PUD
Acreage: 3.29 acres
Proposed Use: A Planned Unit Development to allow multifamily residential
Owner: Donor Network of Arizona
Applicant: Trinsic Residential Group, Todd Gosselink
Representative: Withey Morris, PLC, Jason Morris
Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Alhambra Village Planning Committee heard this case for WU Code
zoning on Jan. 26, 2021 and recommended approval, per the staff recommendation,
by a vote of 15-1.
PC Action: The Planning Commission heard this case for WU Code zoning on Feb. 4,
2021 and recommended approval, per the Alhambra Village Planning Committee
recommendation with an additional stipulation, by a vote of 7-1.
The Planning Commission recommendation was appealed on Feb. 10, 2021 and a
petition for a 3/4 vote was submitted on Feb. 11, 2021.
Council Action: Item was continued from March 3 and 17, 2021. On April 7, 2021 the
amend the request to a Planned Unit Development (PUD) zoning application.
PC Action: The Planning Commission heard this case for PUD zoning on May 6, 2021
and recommended approval per the Addendum A Staff Report, with a modified
Page 209
stipulation and additional stipulations, by a vote of 6-3.
Location
Southeast corner of 3rd Avenue and Coolidge Street
Council District: 4
Parcel Addresses: 201 W. Coolidge St.
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Planning and
Development Department.
Page 210
ATTACHMENT A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
ORDINANCE G-
AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ORDINANCE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR THE PARCEL DESCRIBED HEREIN
AF
(Z-56-20-4) FROM R-3 (MULTIFAMILY RESIDENCE DISTRICT)
AND R-5 (MULTIFAMILY RESIDENCE DISTRICT) TO PUD
(PLANNED UNIT DEVELOPMENT).
____________
follows:
T
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as
SECTION 1. The zoning of a 3.29-acre property located at the southeast
R
corner of 3rd Avenue and Coolidge Street, in a portion of Section 20, Township 2 North,
Range 3 East, as described more specifically in Exhibit “A”, is hereby changed from
0.18-acres of “R-3” (Multifamily Residence District) and 3.11 acres of “R-5” (Multifamily
D
Residence District) to “PUD” (Planned Unit Development).
SECTION 2. The Planning and Development Director is instructed to
modify the Zoning Map of the City of Phoenix to reflect this use district classification
change as shown in Exhibit “B”.
SECTION 3. Due to the site’s specific physical conditions and the use
district applied for by the applicant, this rezoning is subject to the following stipulations,
Page 211
violation of which shall be treated in the same manner as a violation of the City of
Phoenix Zoning Ordinance:
1. An updated Development Narrative for the Aura Uptown PUD reflecting
the changes approved through this request shall be submitted to the
Planning and Development Department within 30 days of City Council
approval of this request. The updated Development Narrative shall be
consistent with the Development Narrative date stamped April 29, 2021,
as modified by the following stipulations:
a. Front cover: Revise the submittal date information on the bottom
to add the following: City Council adopted: [add adoption date].
AF
b. Page 8, Development Standards Table, Building Height: Modify
building height standard to read as follows:
North Street Frontage/West Street
Frontage: 48 feet
(units along the north and west)
c.
T East Frontage/South Frontage: 56 feet
Page 8, Development Standards Table, Minimum Open Space:
Modify minimum open space standard to read as follows:
15% publicly accessible open space
5% general open space
(including canalscape)
R d. Page 9, Landscape Development Standards Table, Canalscape;
Modify the first bullet point to read as follows: A publicly
accessible landscaped greenspace area shall be provided
adjacent to the Arizona Grand Canal Trail on the south side of
the property. At minimum, the green space area will measure
D e.
4,800 square feet, 15 feet in depth for a distance of 260 feet, 7
feet in depth for a distance of 70 feet, and shall be generally
consistent with the landscape plan in Exhibit 7. A minimum of 3
pedestrian amenities, which could include but are not limited to,
benches and shade canopies shall be provided within the
landscape area.
Page 9, Landscape Development Standards Table, Streetscape
(Coolidge Street and 3rd Avenue Frontages); Add a bullet point
to read as follows:
Half of the trees along the north and west perimeter shall be
salvaged, and if unsalvageable they must be replaced with a
minimum 4-inch caliper tree or two 2-inch caliper trees.
2 Ordinance G-
Page 212
2. The developer shall construct all streets within and adjacent to the
development with paving, curb, gutter, sidewalk, curb ramps,
streetlights, median islands, landscaping and other incidentals, as per
plans approved by the Planning and Development Department. All
improvements shall comply with all ADA accessibility standards.
3. This parcel is in a Special Flood Hazard Area (SFHA) called Zone A, on
panel 1740 L of the Flood Insurance Rate Maps (FIRM) dated October
16, 2013. The following requirements shall apply, as approved by the
Planning and Development Department:
a. The Architect/Engineer is required to show the floodplain
boundary limits on the Grading and Drainage plan and ensure
AF
that impacts to the proposed facilities have been considered,
following the National Flood Insurance Program (NFIP)
Regulations (44 CFR Paragraph 60.3); this includes, but not
limited to provisions in the latest versions of the Floodplain
Ordinance of the Phoenix City Code.
4.
b.
c.
T
A copy of the Grading and Drainage Plan shall be submitted to
the Floodplain Management section of Public Works Department
for review and approval of Floodplain requirements.
The developer shall provide a FEMA approved CLOMR-F or
CLOMR prior to issuance of a Grading and Drainage permit.
The property owner shall record documents that disclose the existence,
5.
R
and operational characteristics of Phoenix Sky Harbor Airport to future
owners or tenants of the property. The form and content of such
documents shall be according to the templates and instructions
provided which have been reviewed and approved by the City Attorney.
The developer shall grant and record an avigation easement to the City
D
6.
of Phoenix for the site, per the content and form prescribed by the City
Attorney prior to final site plan approval.
In the event archaeological materials are encountered during
construction, the developer shall immediately cease all ground-
disturbing activities within a 33-foot radius of the discovery, notify the
City Archaeologist, and allow time for the Archaeology Office to properly
assess the materials.
7. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded
with the Maricopa County Recorder's Office and delivered to the City to
be included in the rezoning application file for record.
3 Ordinance G-
Page 213
SECTION 4. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions hereof.
PASSED by the Council of the City of Phoenix this 19th day of May 2021.
________________________________
AF
MAYOR
ATTEST:
T
_____________________________________
Denise Archibald, City Clerk
APPROVED AS TO FORM:
Cris Meyer, City Attorney
R
BY: _________________________________
__________________________________
REVIEWED BY:
D
____________________________________
Ed Zuercher, City Manager
PML:efl:(LF21-1206):5-19-21:2256077_1.docx
Exhibits:
A – Legal Description (2 Pages)
B – Ordinance Location Map (1 Page)
4 Ordinance G-
Page 214
EXHIBIT A
LEGAL DESCRIPTION FOR Z-56-20-4
A PORTION OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 2
NORTH, RANGE 3 EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE CALCULATED CENTER CORNER OF SAID SECTION
20, BEING THE INTERSECTION OF CENTRAL AVENUE AND CAMPBELL
AVENUE AS REFERENCED IN THE MONUMENT CORNER TIES FOR LINE
SECTION 2 CENTRAL PHOENIX LIGHT RAIL TRANSIT PROJECT, IN
DOCUMENT 2009-0003295, RECORDS OF MARICOPA COUNTY, ARIZONA;
AF
THENCE NORTH 89 DEGREES 31 MINUTES 20 SECONDS WEST, ALONG
THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 20,
A DISTANCE OF 1,318.52 FEET TO A CITY OF PHOENIX BRASS CAP
FLUSH “RLS 39131” MARKING THE CENTERLINE OF 3RD AVENUE AND
CAMPBELL AVENUE;
THENCE NORTH 00 DEGREES 06 MINUTES 20 SECONDS WEST, ALONG
T
THE CENTERLINE OF SAID 3RD AVENUE, A DISTANCE OF 564.11 FEET
TO THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 00 DEGREES 06 MINUTES 20 SECONDS
WEST ALONG SAID LINE, A DISTANCE OF 416.71 FEET TO THE
CENTERLINE OF 3RD AVENUE AND COOLIDGE STREET, BEING SOUTH
1.69 FEET AND 3.40 FEET OF TWO CITY OF PHOENIX BRASS CAPS;
THENCE SOUTH 89 DEGREES 27 MINUTES 41 SECONDS EAST, ALONG
R
THE CENTERLINE OF SAID COOLIDGE STREET A DISTANCE OF 358.31
FEET, BEING 966.10 FEET WEST OF THE INTERSECTION OF CENTRAL
AVENUE AND COOLIDGE STREET;
THENCE SOUTH 00 DEGREES 15 MINUTES 25 SECONDS WEST, A
D
DISTANCE OF 348.85, FEET DEPARTING SAID COOLIDGE STREET, ALONG
THE EAST LINE OF PARCEL 1 OF THAT SPECIAL WARRANTY DEED
RECORDED IN 2001-0882094, AND THE SOUTHERLY PROLONGATION
THEREOF, TO A POINT 25 FEET SOUTHERLY OF THE SOUTHERLY LINE
OF SAID PARCEL 1, MEASURED AT 90 DEGREES;
THENCE ALONG A 25 FOOT SOUTHERLY OFFSET OF THE SOUTH LINES
FOR LOTS 15, 17 AND 19 OF ‘SUBURBAN ACRES’ AS RECORDED IN
BOOK 13, PAGE 22 RECORDS OF MARICOPA COUNTY, ARIZONA,
SOUTH 72 DEGREES 19 MINUTES 53 SECONDS WEST, DISTANCE OF
65.89 FEET;
THENCE CONTINUING ALONG SAID SOUTHERLY OFFSET, SOUTH 74
DEGREES 12 MINUTES 10 SECONDS WEST, A DISTANCE OF 147.10 FEET;
5 Ordinance G-
Page 215
THENCE CONTINUING ALONG SAID SOUTHERLY OFFSET, SOUTH 78
DEGREES 50 MINUTES 02 SECONDS WEST, A DISTANCE OF 123.95 FEET;
THENCE SOUTH 89 DEGREES 53 MINUTES 40 SECONDS WEST, A
DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 142,789 SQUARE FEET OR 3.278 ACRES, MORE OR
LESS.
AF
T
R
D
6 Ordinance G-
Page 216
Page 217
7 Ordinance G--
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Staff Report Z-56-20-4
January , 2021
Alhambra Village Planning Committee January 26, 2021
Meeting Date:
Planning Commission Hearing Date: February 4, 2021
Request From: R-3 (Multifamily Residence District)
(0.18 acres) and R-5 (Multifamily
Residence District) (3.11 acres)
Request To: WU Code T5:5 UT (Walkable Urban
Code, Transect 5:5, Uptown Character
Area) (3.29 acres)
Proposed Use: Multifamily Residential
Location: Southeast corner of 3rd Avenue and
Coolidge Street
Owner: Donor Network of Arizona
Applicant: Trinsic Residential Group, Todd
Gosselink
Representative: Withey Morris PLC, Jason Morris
Staff Recommendation: Approval, subject to stipulations
General Plan Conformity
Residential 15+
General Plan Land Use Map Designation
Dwelling Units Per Acre
Local Varies from 30 to 40
3rd Avenue
Street foot east half street
Street Map
Classification
Local Varies from 25 to 30
Coolidge Street
Street foot south half street
Page 218
Staff Report: Z-56-20-4
January 20, 2021
CONNECT PEOPLE AND PLACES CORE VALUE; OPPORTUNITY SITES; LAND
USE PRINCIPLE: Promote and encourage compatible development and
redevelopment with a mix of housing types in neighborhoods close to
employment centers, commercial areas, and where transit or transportation
alternatives exist.
The development, as proposed, will create new housing opportunities in the area and
within close proximity to a light rail station, the educational facilities, and the North
Central Avenue Employment Center, especially via the Grand Canal Multiuse Trail.
CONNECT PEOPLE AND PLACES CORE VALUE; COMPLETE STREETS;
DESIGN PRINCIPLE: Locate parking to the rear of a site to create a more
pedestrian environment, when adequate shielding from noise and light can be
provided to adjacent established neighborhoods. On-street parking in some
areas may also promote a pedestrian environment.
The development, as required by provisions of the Walkable Urban Code, will situate
buildings to frame the street environment with vehicle parking lots situated at the
interior of the site and to allow for the creation of a comfortable pedestrian
environment along the public streets. Further, the development, as stipulated, will
screen parking from the Grand Canal and its multiuse trail.
BUILD THE SUSTAINABLE DESERT CITY CORE VALUE; TREE AND SHADE;
DESIGN PRINCIPLE: Integrate trees and shade into the design of new
development and redevelopment projects throughout Phoenix.
The development, as stipulated, will create an attractive streetscape with detached
and shaded sidewalks. The shade incorporated into the development along its
frontages will reduce the urban heat island effect and increase thermal comfort which
will make the area more walkable, bikeable, and sustainable.
CONNECT PEOPLE AND PLACES CORE VALUE; BICYCLES; DESIGN
PRINCIPLE: Development should include convenient bicycle parking.
The development, as stipulated, includes bicycle parking and bicycle facilities as a
central component of the project to facilitate bicycling as a way of life. Features
include secure bicycle parking for residents, convenient racks for guests, and a
bicycle repair station situated as a public amenity; together, these features will
complement the Grand Canal and its multiuse trail.
Page 219
Staff Report: Z-56-20-4
January 20, 2021
CONNECT PEOPLE AND PLACES CORE VALUE; CANALS AND TRAILS;
LAND USE PRINCIPLES: Plan, design, and develop pedestrian linkages
between parks, open spaces, village cores, neighborhood shopping centers,
neighborhood schools, and neighboring municipalities.
The subject site is immediately adjacent to the Grand Canal which recently was
improved through the Canalscape Project and provides regional connectivity, direct
connections to Phoenix Central High School, the Phoenix Coding Academy, Xavier
&ROOHJH3UHSDUDWRU\, Brophy &ROOHJH3UHSDUDWRU\, Steele Indian School Park, and
access to Central Avenue and the rail. The development, as stipulated, will add
vitality to this section of the Grand Canal and its multiuse trail as a community asset.
Applicable Plans, Overlays, and Initiatives
Transit Oriented Development Strategic Policy Framework: Background Item No.
5.
Uptown Transit Oriented Development Policy Plan: Background Item No. 6.
Tree and Shade Master Plan: Background Item No. 9.
Supporting documents
No supporting documents stored.
View on Agenda Online ↗
Item text
Land Use Zoning
On Site Office R-3 and R-5
East Multifamily R-5
North (across Coolidge
Various residential R-3 and R-5
Street
South (across the
Multifamily R-4
Grand Canal)
West Single-family residential R-3
Page 220
Staff Report: Z-56-20-4
January 20, 2021
Walkable Urban Code
Transect 5:5 UT
Provisions on the
Standards Requirements
Proposed Site Plan
Gross Acreage No minimum 3.29
Total Number of Units No maximum 218 units
Density No maximum 66.26
Building Height 56 foot maximum 56 feet (Met)
Parking Structure Height Cannot exceed building height 58 feet (Not Met*)
Streetscape Standards (Section 1312.E)
Minor Collector and Local Minimum sidewalk width: 5 feet 5 feet (Met)
Streets Minimum landscape width: 5 5 feet (Met)
feet (if no public utility conflict)
Main Building Setbacks
Primary Frontage (Coolidge 12 foot maximum Varies but less than
Street) 12 feet (Met)
Secondary Frontage (3rd 10 foot maximum 10 feet (Met)
Avenue)
Non Street (South and East) 0 foot minimum 15 feet and 10 feet
respectively (Met)
Parking Setbacks
Primary Frontage 30 foot minimum or behind Behind building
building (Met)
Secondary Frontage 20 foot minimum with a 10 foot Behind building
landscape setback measured (Met)
from the street right of way
Rear (West) 0 foot minimum Behind building
(Met)
Lot Requirements
Lot Coverage 80 percent maximum 73 percent (Met
Primary Building Frontage 70 percent minimum 94 percent (Met)
Secondary Building Frontage 50 percent minimum 83 percent (Met)
Page 221
Staff Report: Z-56-20-4
January 20, 2021
Walkable Urban Code
Transect 5:6 UT (Cont.)
Provisions on the
Standards Requirements
Proposed Site Plan
Frontage Types Allowed
Primary Frontage All frontages or alternative Storefront and
(Coolidge Street) frontages as per Section Stoop / Doorwell,
1305.B.1.c Met)
Secondary Frontage All frontages or alternative Stoop / Doorwell,
(3rd Avenue) frontages as per Section Met)
1305.B.1.c
Entry Requirements Common Entry: minimum one Not provided.
per 50 feet of primary building
frontage and one per 80 feet of
secondary frontage.
Other frontages as per Table
1305.1
Glazing Requirements Ground floor and second floor Not provided.
T4 standards apply for 25 percent minimum.
multifamily
Second floor (east and west):
10 percent minimum
Upper floors: not applicable
*Site plan adjustment required
Background/Issues/Analysis
SUBJECT SITE
1. This request is to rezone 3.29 acres at the southeast corner of 3rd Avenue and
Coolidge Street from R-3 (Multifamily Residence District) and R-5 (Multifamily
Residence District) to WU Code T5:5 UT (Walkable Urban Code Transect 5:5,
Uptown Character Area).
SURROUNDING LAND USES AND ZONING
2. The proposed zoning of WU Code T5:5 UT (Walkable Urban Code Transect 5:5,
Uptown Character Area) permits a maximum height of 56 feet. The site is
currently developed with an office building. The Zoning Context Map depicts the
zoning entitlements of the subject site and the surrounding area.
Page 222
Staff Report: Z-56-20-4
January 20, 2021
East: Immediately east of Title: Zoning Context Map
the subject site is a
multifamily complex which
is zoned R-5 (Multifamily
Residence District). The
zoning permits a maximum
height of 48 feet but the
existing buildings do not
exceed three stories in
height.
West: West of the subject
site across 3rd Avenue are
residential structures of a Source: Planning and Development Department
single-story and single
-family detached character. The R-3 (Multifamily Residence District) zoning
permits a maximum height of 30 feet by right, and up to 48 feet with increased
setbacks.
North: North of the subject site across Coolidge Street are various residential
structures ranging from a single-family detached character to small apartment
complex, with neither type exceeding two stories. The approximate west half of
sites immediately north of the subject site are zoned R-3 (Multifamily Residence
District) which permits a maximum height of 30 feet by right, and up to 48 feet
with increased setbacks, and the remaining sites to the east are zoned R-5
(Multifamily Residence District) which permits a maximum height of 48 feet.
South (the Grand Canal): South of the subject site is the Grand Canal which
was recently improved through the Canalscape project which brought lighting,
landscaping, and seating improvements to this section of the canal.
South (beyond the Grand Canal): South of the subject site across the Grand
Canal is a multifamily community zoned R-4 (Multifamily Residence District)
which permits a maximum height of 48 feet.
3. Located along Central Avenue and several properties east of the subject site is
the Interim Transit-Oriented Zoning Overlay District One (TOD-1). The primary
purpose of TOD-1 was to encourage an appropriate mixture and density of
activity around transit stations to increase ridership along the light rail corridor
and promote alternative modes of transportation to the automobile while the
Walkable Urban Code was developed.
Page 223
Staff Report: Z-56-20-4
January 20, 2021
GENERAL PLAN LAND USE MAP
4. The General Plan Title: General Plan Land Use Map Excerpt
Land Use Map
depicts a land use
designation of
Residential 15+
dwelling units per
acre which is
consistent with the
density proposed.
Surrounding the
subject site are
designations for
multifamily
densities including Source: Planning and Development Department
Residential 15+ dwelling units per acre to the south and east and Residential 10
to 15 dwelling units per acre to the north and west. The proposed use and
density of the subject site is consistent with the surrounding context.
5. The Encanto Village Character Plan was approved and adopted in the Phoenix
General Plan through General Plan Amendment GPA-1-19. Each of the 15
Urban Villages have a Character Plan.
The proposed project advances the following items identified in the Encanto
Village Character Plan: encourage growth along the light rail; integrating canals
into project design; and new development being consistent with adopted plans.
One such area of alignment is with the North Central Employment Center
(profile attached) which identifies the presence of approximately 770,000 young,
well-educated, workers within a 10 to 20 minute drive and projected growth of
170,000 new residents within a 30 minute drive. The proposed development will
provide housing opportunities for the growing population in proximity to the
growing employment center while also reducing the need for long vehicle
commutes.
Page 224
Staff Report: Z-56-20-4
January 20, 2021
6. Transit Oriented Title: Transit Oriented Development Strategic Policy
Development Strategic Framework Place Type Map
Policy Framework:
The Transit Oriented
Development Strategic Policy
Framework is part of the
City’s General Plan. The
framework identifies planning
typologies to describe urban
environments in terms of
appropriate scale and
intensity
As depicted on the right, the
subject site is located within
one-quarter mile from two
light rail stations. The nearest
station, Central and
Campbell, is identified in the
Strategic Policy Framework
as a Minor Urban Center Source: Planning and Development Department
Place Type.
The Minor Urban Center Place Type is characterized by two to five story
buildings with allowances for up to seven when incentive criteria are met or
when a special circumstance exists. The proposed development, using the
Walkable Urban Code and depicting a height of four stories, is consistent with
the Minor Urban Center Place Type.
7. Uptown Transit Oriented Development Policy Plan:
The subject site is located within the Uptown TOD Planning Area which is
depicted on the following page. The policy plan adopted for the Uptown TOD
District provides a blueprint for fully achieving the transformative potential of
light rail in a sustainable manner. Changes advocated in the plan can lower
transportation costs for residents, create new business opportunities, encourage
active, healthy lifestyles, ensure Phoenix increases its competitive advantage in
the global marketplace, and improve prosperity by growing the economy in
locations with existing infrastructure and public services.
Page 225
Staff Report: Z-56-20-4
January 20, 2021
While the subject site is Title: Uptown TOD Planning Area
not mapped for a specific
recommended transect for
redevelopment, the
Uptown TOD District Plan
provides the following
direction relevant to the
subject site:
Activating the Grand
Canalscape:
The Uptown TOD Plan
describes at length the
importance and
opportunity of embracing
the Grand Canal as an
open space amenity, as a
regional active Source: Planning and Development Department
transportation trail, and as
waterfront. While the Canalscape Project is complete, it is the projects adjacent
to the Grand Canal that will enliven the waterfront.
Increase the Population Using Alternative Transportation: .
The Uptown TOD Plan includes several measurable outcomes focused on
increasing ridership on the light rail, increasing the number of individuals riding
bikes or walking to work, and decreasing the number of Vehicle Miles Traveled
(VMT). The proposed project will position new households within walking and
bicycling distance to jobs, schools, and major park facilities.
PROPOSAL
8. Site Plan
As depicted on the conceptual site plans and elevations on the following pages,
the proposal is for four floors of housing with five levels of parking located at the
interior of the site. The site plan depicts one point of vehicular access from
Coolidge Street. The site plan depicts 218 dwelling units with 46 studios, 116
one-bedroom, and 56 two-bedroom units. At a rate of 1.3 parking spaces per
studio and 1.5 spaces per one and two bedroom units, the code would require
318 parking spaces but due to the proximity to light rail, a 10 percent reduction
is applied for a total of 287 spaces.
Page 226
Staff Report: Z-56-20-4
January 20, 2021
Title: Conceptual Site Plan
Source: Rich Barber Architects
The ground floor units fronting 3rd Avenue and Coolidge Street will employ
stoop and doorwell frontages and the main leasing area oriented to Coolidge
Street will employ a storefront frontage; these ground level treatments abide by
the intent of the Walkable Urban Code to active the street frontage in addition to
detached sidewalks and trees planted between the curb and sidewalk as
required by the Walkable Urban Code.
The conceptual site plan depicts frontage types along the southern face of the
Page 227
Staff Report: Z-56-20-4
January 20, 2021
building mass to activate the interface with the canal. Staff is recommending
Stipulation No. 1 to require the frontage types along 40 percent of the canal
oriented building frontage.
9. Canal Interface
The conceptual site plan and building elevations depict measures intended to
embrace and activate the frontage to the Grand Canal including amenity areas,
common areas, bike racks, a bicycle repair station, vegetation, and a perimeter
wall comprised mostly of view fence for ground level transparency. The Phoenix
Zoning Ordinance governs canal interface through the design standards
contained in Section 507 Tab A.
To advance the intent of the design guidelines and the Walkable Urban Code,
staff is recommending a series of stipulations to provide additional specificity
regarding improvements to the area between the southern mass of the building
and the Grand Canal right-of-way including the following:
x Stipulation No. 1: To require Walkable Urban Code Frontage Types along
a minimum 50 percent of the canal-facing building façade.
x Stipulation No. 2: To require architectural enhancements along the canal-
facing building façade.
x Stipulation No. 3: To require large canopy shade trees to soften the canal
environment and provide thermal comfort in the amenity areas and near
the canal.
o Due to the presence of an SRP easement at this location, the
extent to which the developer will be allowed to improve this are is
unknown and, therefore, the stipulation contains the language “as
approved or modified by the Planning and Development
Department.
x Stipulation No. 4: To require shaded open space adjacent to the canal
right-of-way through the application of Section 1310.A.2 of the Phoenix
Zoning Ordinance.
o Due to the presence of an SRP easement at this location, the
extent to which the developer will be allowed to improve this are is
unknown and, therefore, the stipulation contains the language “as
approved or modified by the Planning and Development
Department.
x Stipulation No. 5: To require all walls and fences within 30 feet and
oriented-to the canal right-of-way to have a maximum opaque height of
36 inches to promote interface between the project and the canal
amenity.
Page 228
Staff Report: Z-56-20-4
January 20, 2021
10. Conceptual Elevations
The conceptual building elevations, pictured below, depict a four story
multifamily complex exhibiting modern design elements, multiple colors, building
articulation, shaded upper floor balconies, and a mix of ground floor frontage
treatments including stoops, doorwells, and storefronts.
Title: Conceptual Building Elevations
Source: Rich Barber Architects
Page 229
Staff Report: Z-56-20-4
January 20, 2021
STUDIES AND POLICIES
11. Tree and Shade Master Plan:
The Tree and Shade Master Plan encourages treating the urban forest as
infrastructure to ensure the trees are an integral part of the City’s planning and
development process. Sidewalks on the street frontages should be detached
from the curbs to allow trees to be planted on both sides of the sidewalk to
provide thermal comfort for pedestrians and to reduce the urban heat island
effect.
The Walkable Urban Code contains landscape standards to provide enhanced
tree plantings with a focus on thermal comfort and the conceptual site plan
complies with code requirements.
To require tree shade be integrated into the project between the southern
building mass and the Grand Canal right-of-way, staff is recommending
Stipulation No. 3 requiring large canopy shade trees, placed 20 feet on center or
in equivalent groupings, and with a minimum caliper of 3-inches at installation;
the purpose of this stipulation is to promote thermal comfort for the amenity
areas and along the Grand Canal.
12. Complete Streets Guidelines:
In 2014, the City of Phoenix City Council adopted the Complete Streets Guiding
Principles. The principles are intended to promote improvements that provide an
accessible, safe, connected transportation system to include all modes, such as
bicycles, pedestrians, transit, and vehicles. The Walkable Urban Code contains
requirements for detached sidewalks with vegetative shade which will enhance
the thermal comfort and sense of security for pedestrians passing on adjacent
sidewalks.
Staff is recommending Stipulation No. 8 to require enhanced bicycle facilities on
the site including secure bicycle parking for residents, bicycle racks for guests,
and a publicly accessible bicycle repair station near the southern edge of the
site; the purpose of these stipulations is to complement 3rd Avenue which is
identified as the Phoenix Sonoran Bikeway and the Grand Canal multiuse trail
which provides regional trail connectivity.
13. Comprehensive Bicycle Master Plan:
The Comprehensive Bicycle Master Plan is a guide for creating a culture and
environment conducive to bicycling as a viable mode of transportation. The
proximity to high capacity transit underscores the importance of walking and
bicycling in this area.
Page 230
Staff Report: Z-56-20-4
January 20, 2021
Recognizing the presence of the Grand Canal, the recently completed
Canalscape investments, the presence of the Phoenix Sonoran Bikeway, and
proximity to high capacity transit, staff is recommending Stipulation No. 8 which
requires secure bicycle parking for residents, bicycle parking for guests, and a
publicly accessible bicycle repair station.
14. Housing Phoenix:
In June 2020, the Phoenix City Council approved the Housing Phoenix Plan.
This Plan contains policy initiatives for the development and preservation of
housing with the vision of creating a stronger and more vibrant Phoenix through
increased housing options for residents at all income levels and family sizes.
Phoenix’s rapid population growth and housing underproduction has led to a
need for over 163,000 new housing units. Current shortages of housing supply
relative to demand are a primary reason why housing costs are increasing.
The proposed development supports the Plan’s goal of preserving or creating
50,000 housing units by 2030 by contributing to a variety housing types that will
address the supply shortage at a more rapid pace while using vacant or
underutilized land in a more sustainable fashion.
15. Zero Waste PHX:
The City of Phoenix is committed to its waste diversion efforts and has set a
goal to become a zero waste city, as part of the city’s overall 2050
Environmental Sustainability Goals. One of the ways Phoenix can achieve this
is to improve and expand its recycling and other waste diversion programs.
Section 716 of the Phoenix Zoning Ordinance establishes standards to
encourage the provision of recycling containers for multifamily, commercial and
mixed-use developments meeting certain criteria. The provision of recycling
containers was not addressed in the applicant’s submittals.
COMMUNITY CORRESONDENCE
16. As of the writing of this report, one letter of opposition was received detailing
concerns relating to scale, privacy, traffic, the abundance of multifamily, and the
design compatibility with the historic district.
INTERDEPARTMENTAL COMMENTS
17. The Fire Department commented that the site plan must comply with the
Phoenix Fire Code and further indicated there are no problems anticipated with
the case. Further, the Department commented that they do not know the water
supply at this site and noted that additional water supply may be required to
meet the required fire flow per the Phoenix Fire Code.
Page 231
Staff Report: Z-56-20-4
January 20, 2021
18. The Public Works Department, Floodplain Management Division determined the
site is in a Special Flood Hazard Area (SFHA) called Zone A, on panel 1740 L of
the Flood Insurance Rate Maps (FIRM) dated October 16, 2013. The Public
Works Department provided Stipulation No. 10 to require the applicant follow
and document all necessary processes and improvements.
19. The Street Transportation Department provided Stipulation Nos. 6, 7, and 9 to
require traffic calming at vehicular driveways, two pedestrian connections to the
Grand Canal trail, and their standard stipulation regarding the applicant being
responsible for construction of adjacent streets, respectively.
The Street Transportation Department including the Pedestrian Safety
Coordinator further commented on the importance of enhanced pedestrian and
bicycle facilities including detached sidewalks, bicycle parking, a bicycle repair
station, and connections to the Grand Canal trail. These issues are addressed
in other stipulations or will be addressed through the application of the Walkable
Urban Code.
20. The Public Transit Department commented on the need for a robust system of
shaded pedestrian pathways with measures to delineate pedestrian crossings at
drive-aisles. These issues are addressed in other stipulations or will be
addressed through the application of the Walkable Urban Code.
OTHER
21. The site has not been identified as being archaeologically sensitive. However, in
the event archaeological materials are encountered during construction, all
ground disturbing activities must cease within 33-feet of the discovery and the
time to properly assess the materials. This is addressed in Stipulation No. 13.
22. Based on the proximity to Sky Harbor Airport, the Aviation Department is
requiring Stipulation Nos. 11 and 12 which require recorded documents to
disclose the existence of Sky Harbor Airport to future owners and residents, and
that an avigation easement be recorded.
23. Development and use of the site are subject to all applicable codes and
ordinances. Zoning approval does not negate other ordinance requirements.
Other formal actions such as, but not limited to, zoning adjustments and
abandonments may be required.
Page 232
Staff Report: Z-56-20-4
January 20, 2021
Findings
1. The proposal is consistent with the General Plan Land Use Map designation of
Residential 15+ Dwelling Units Per Acre and the TOD Strategic Policy Framework
Minor Urban Center Place Type designation.
2. The development advances the vision and recommendations contained in the
Uptown Transit Oriented Development Plan and will support pedestrian oriented
development near the light rail and multiple urban bikeways.
3. The proposal will create additional housing options for the significant number of
residents in the Uptown TOD District.
Stipulations
1. The south facing mass of the building(s) oriented to the Grand Canal shall
incorporate Walkable Urban Code Frontage Types described in Section 1305
for a minimum 40 percent of the building face(s), as approved by the Planning
and Development Department. For the purpose applying the above provisions,
the above shall be treated as a Secondary Frontage with regard to glazing.
2. The south facing mass of the building(s) oriented to the Grand Canal shall
contain architectural embellishments, design detailing, and / or space
programming to activate and provide visual access onto the canal, as
approved by the Planning and Development Department. Examples of
appropriate enhancements may include textural changes, offsets, recesses,
variation in window size and location, overhang canopies, balconies with a
depth greater of than 3 feet, and amenities such as gathering spaces.
3. Between the southern mass of the building and the south property line (the
Grand Canal right-of-way), the developer shall plant minimum 3-inch caliper,
large canopy shade trees, at a minimum frequency of 25 feet on center or in
equivalent groupings, as approved or modified by the Planning and
Development Department.
4. The provisions of Section 1310.A.2 of the Phoenix Zoning Ordinance shall
apply to require shaded open space of which a minimum 50 percent shall be
situated adjacent to the south property line (the Grand Canal right-of-way), as
approved or modified by the Planning and Development Department.
Page 233
Staff Report: Z-56-20-4
January 20, 2021
5. No solid perimeter wall greater than 36 inches in height shall be oriented to
and located within 30 feet of the south property line (the Grand Canal right-of-
way), as approved by the Planning and Development Department.
6. The developer shall provide traffic calming to slow vehicle traffic exiting the
property with specific regard to pedestrian safety on the public sidewalk, as
approved by the Planning and Development Department.
7. The developer shall provide a minimum of two direct and accessible pedestrian
connections from the amenity areas located south of the building mass to the
shared use path along the Grand Canal Trail, as approved by the Planning and
Development Department.
8. The developer shall provide and maintain the following bicycle infrastructure as
described below and as approved by the Planning and Development
Department.
a. A bicycle repair station (fix-it station) along the southern edge of the
site, visible, and accessible from the public sidewalk and / or the Grand
Canal Trail. The station shall include but not limited to: standard repair
tools affixed to the station; a tire gauge and pump; and a bicycle repair
stand which allows pedals and wheels to spin freely while adjusting the
bike.
b. All required bicycle parking for multifamily use, per Section 1307.H.6.d
of the Phoenix Zoning Ordinance, shall be secured parking.
c. Guest bicycle parking for multifamily residential use shall be provided at
a minimum of 0.05 spaces per unit with a maximum of 50 spaces near
entrances of buildings and installed per the requirements of Section
1306.H. of the Phoenix Zoning Ordinance.
9. The developer shall construct all streets within and adjacent to the
development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
median islands, landscaping and other incidentals as per plans approved by
the Planning and Development Department. All improvements shall comply
with all ADA accessibility standards.
10. This parcel is in a Special Flood Hazard Area (SFHA) called Zone A, on panel
1740 L of the Flood Insurance Rate Maps (FIRM) dated October 16, 2013. The
following requirements shall apply, as approved by the Planning and
Development Department:
Page 234
Staff Report: Z-56-20-4
January 20, 2021
a. The Architect/Engineer is required to show the floodplain boundary
limits on the Grading and Drainage plan and ensure that impacts to the
proposed facilities have been considered, following the National Flood
Insurance Program (NFIP) Regulations (44 CFR Paragraph 60.3); this
includes, but not limited to provisions in the latest versions of the
Floodplain Ordinance of the Phoenix City Code.
b. A copy of the Grading and Drainage Plan shall be submitted to the
Floodplain Management section of Public Works Department for review
and approval of Floodplain requirements.
c. The developer shall provide a FEMA approved CLOMR-F or CLOMR
prior to issuance of a Grading and Drainage permit.
11. The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Sky Harbor Airport to future owners or
tenants of the property. The form and content of such documents shall be
according to the templates and instructions provided which have been
reviewed and approved by the City Attorney.
12. The developer shall grant and record an avigation easement to the City of
Phoenix for the site, per the content and form prescribed by the City Attorney
prior to final site plan approval.
13. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-
foot radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.
Writer
Nick Klimek
January 20, 2021
Team Leader
Samantha Keating
Exhibits
Zoning sketch map
Aerial sketch map
Conceptual Site Plan and Elevations date stamped October 19, 2020 (2 pages)
Community Correspondence (4 pages)
Page 235
Staff Report: Z-56-20-4
January 20, 2021
North Central Employment Center Profile (2 pages)
Page 236
ELM ST
1ST AVE
C-2 H-R*
R-4 HP R-4A H-R * Z-60-85
Z-83-05
Z-9-89
P-1 * R-5 C-2
R-4 Z-341-83
HIGHLAND AVE
R-3
3RD AVE
R-3
R-3 PUD
Z-31-12
Z-83-05
COOLIDGE ST
R-3
R-5
R-5 *
Z-245-82 TOD District Canalscape
C-2
- UpTown
HAZELWOOD ST
R-4
CENTRAL AVE
HGT/WVR PKG/WVR
Central Avenue Z-175-87
Development Z-147-97
Standards
P-1 Transit C-2
MINNEZONA AVE Overlay District
(TOD-1)
C-2
R1-6 H-R
R1-6 P-2
2ND AVE
R-4 HP * HP
5TH AVE
Z-SP-16-72 Z-12-97 C-2
CAMPBELL AVE
R-4A*
Z-12-97
Z-102-98
I
Miles
Z-56-20 NORTHERN AVE
GLENDALE AVE
0.055 0.0275 0 0.055 BETHANY HOME RD
ALHAMBRA VILLAGE
CAMELBACK RD
CITY COUNCIL DISTRICT: 4
43RD AVE 7ST AVE
7TH AVE
19TH AVE
35TH AVE
27TH AVE
I-17
APPLICANT'S NAME: REQUESTED CHANGE:
Trinsic Residential Group, Todd Gosselin
FROM:
R-3 ( 0.18 a.c.)
10/23/2020
R-5 ( 3.11 a.c.)
DATE:
APPLICATION NO.
Z-56-20 REVISION DATES:
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
3.29 Acres QS 18-27 H-8 TO: WU Code T5:5 UT ( 3.29 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
R-3, R-5 2, 135 3, 162
WU Code T5:5 UT No Maximum N/A
* Maximum Units Allowed with P.R.D. Bonus
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2020\Z-56-20.mxd
Page 237
ELM ST
1ST AVE
C-2 H-R*
R-4 HP R-4A H-R * Z-60-85
Z-83-05
Z-9-89
P-1 * R-5 C-2
R-4 Z-341-83
HIGHLAND AVE
R-3
3RD AVE
R-3
R-3 PUD
Z-31-12
Z-83-05
COOLIDGE ST
R-3
R-5
R-5 *
Z-245-82 TOD District Canalscape
C-2
- UpTown
HAZELWOOD ST
R-4
CENTRAL AVE
HGT/WVR PKG/WVR
Central Avenue Z-175-87
Development Z-147-97
Standards
P-1 Transit C-2
MINNEZONA AVE Overlay District
(TOD-1)
C-2
R1-6 H-R
R1-6 P-2
2ND AVE
R-4 HP * HP
5TH AVE
Z-SP-16-72 Z-12-97 C-2
CAMPBELL AVE
R-4A*
Z-12-97
Z-102-98
Maricopa County Assessor's Office
I
Miles
Z-56-20 NORTHERN AVE
GLENDALE AVE
0.055 0.0275 0 0.055 BETHANY HOME RD
ALHAMBRA VILLAGE
CAMELBACK RD
CITY COUNCIL DISTRICT: 4
43RD AVE 7ST AVE
7TH AVE
19TH AVE
35TH AVE
27TH AVE
I-17
APPLICANT'S NAME: REQUESTED CHANGE:
Trinsic Residential Group, Todd Gosselin
FROM:
R-3 ( 0.18 a.c.)
10/23/2020
R-5 ( 3.11 a.c.)
DATE:
APPLICATION NO.
Z-56-20 REVISION DATES:
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
3.29 Acres QS 18-27 H-8 TO: WU Code T5:5 UT ( 3.29 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
R-3, R-5 2, 135 3, 162
WU Code T5:5 UT No Maximum N/A
* Maximum Units Allowed with P.R.D. Bonus
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2020\Z-56-20.mxd
Page 238
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Page 240
&LW\RI3KRHQL[(PSOR\PHQW&HQWHU3UR´OH
NORTH CENTRAL
The North Central
employment center Labor Force Accessibility and Skills
offers an exceptional The North Central employment center offers excellent access to a large portion
of the metro area’s 1.7 million workers. Approximately 770,000 young, well-educated
location in one of the workers reside within a 30 minute drive time.1 High concentrations of service and
FLW\VSUHPLHURI´FH health care workers live within 10 to 20 minutes. In addition, about 16 percent of the
corridors. workforce living within a 20 minute drive time is made up of executives, managers
and technical professionals.2
Projected growth for this area will result in close to 170,000 new residents within
a 30 minute drive time by 2020, providing a continually expanding labor pool.3
This employment
center extends from 1, 2, 3 Claritas, 2015.
McDowell Road north
to Camelback Road
between Seventh
Street and Seventh Employment by Occupation
Avenue. The North Workforce 10 Min. Drive 20 Min. Drive 30 Min. Drive
Central area includes Number % Number % Number %
KLJKULVHRI´FHDQG
Management 7,416 7 57,595 8 131,498 9
residential buildings
Engineering & Science 2,224 2 16,777 2 36,046 3
surrounded by
historic single family Healthcare & Education 11,089 10 82,493 11 170,387 12
neighborhoods, parks Service 16,173 15 109,119 15 195,911 14
and cultural amenities. Sales 10,112 9 81,075 11 167,369 12
Clerical & Admin. Support 15,143 14 117,524 16 219,346 16
Construction 8,978 8 48,001 6 71,611 5
Production 6,210 6 39,874 5 64,441 5
Trans./Material Mover 6,373 6 46,614 6 76,283 5
Total 83,718 599,072 1,132,892
Source: Claritas, 2015.
Commute Shed
Commuters who travel to
Employment Corridor per
Square Mile
4 to 10
10 to 25
25 to 50
More than 50
• Access to a large executive Phoenix North Central Job Center
and professional workforce Phoenix North Central Job
Center Catchment Area
• Advanced
telecommunications
infrastructure
• /DUJHLQYHQWRU\RIRI´FH
space
• Competitive lease rates
Source: Maricopa Association of
• Superior accessibility to Governments, TRP Reduction Database,
NH\EXVLQHVVDQG´QDQFLDO 2013
services
Equal Opportunity Employer/Program. Auxiliary Aids and services are available upon request to individuals with
disabilities. Products and services made available through Federal Funding provided by the Workforce Investment Act.
Page 241
Camelback Rd.
Metro Light Rail
Existing and Planned
Sites and Buildings Development
The North Central employment center offers 1. Century Link Tower
a large inventory of office and commercial 586,403 sq. ft.
Central Ave.
space mixed with a variety of hotel and Office
7th Ave.
Steele Indian
residential developments. From high-rise office
7th St.
2. Viad Tower Phase II School Park
buildings and condominiums to palm tree-lined 478,488 sq. ft.
streets of historic single-family neighborhoods, Office - Proposed
diversity enhances the appeal of this 3. Phoenix Corporate Tower
445,811 sq. ft.
conveniently located area. Indian School Rd.
Office
The area has about 14.5 million square feet 4. Phoenix Plaza Tower II
of existing office space in close proximity to 419,453 sq. ft.
downtown. For companies that require build-to- Office
suit space, there are prime commercial high-rise 5. Phoenix Plaza Tower I
418,613 sq. ft. 8
parcels available.4 Osborn Rd.
The map to the right highlights the type Office
of community real estate in the North Central 6. Younan Central Plaza
405,693
area. Our team can provide more detail, custom 3
Office
information based on your requirements. 7. 2800 Tower 4
364,533 sq. ft. 5 1
Thomas Rd.
4 CoStar Realty Information Inc., 2015 Office
8. 3550 Tower 7
287,269 sq. ft.
Connectivity Office
9. Park Central - Bldg 7
The North Central employment center 224,953 sq. ft.
features modern, reliable telecommunications Office
10. Security Title Plaza
infrastructure that is supported by multiple
219,032 sq. ft.
providers. These providers are able to offer Office 2
specialized capabilities such as complete digital
infrastructure, T-1 (DS1) lines, T-3 (DS3) lines, McDowell Rd.
Source: CoStar Realty Information Inc., 2015
self-healing fiber ring architecture and high-
speed data communications. Local exchange
carriers with service in the North Central area Amenities and Attractions
include CenturyLink and Cox Communications.
The exciting Phoenix Arts District includes the Phoenix Art Museum
and Theater, the Playhouse on the Park and the internationally renowned
Infrastracture Heard Museum of Native American Art. Steele Indian School Park, located
Abundant and reliable power sources at the northeast corner of Central Avenue and Indian School Road, features
are available from a highly advanced network an expansive 15-acre entry garden, several historical buildings depicting the
system that provides redundant feeds from history of Phoenix Indian School, an amphitheater with seating for 1,500, a
multiple sub-stations. 2.5-acre bird-shaped lake and waterfall and a 15-acre neighborhood park.
The North Central employment center enjoys Located in the heart of the North Central employment center, Park Central
easy access to a modern network of urban is a 500,000 square foot mixed-use redevelopment featuring offices, retail,
freeways and arterial streets. This employment restaurants and business-oriented hotels. In addition, there are a number
center has excellent transit service and is of new luxury apartment developments in the area that provide a variety
located along the METRO light rail transit line of housing options for workers and support continued office and retail
that connects the area to downtown Phoenix, development.
Phoenix Sky Harbor International Airport and
surrounding cities. Major Area Employers
For businesses that require convenient
air access, Phoenix Sky Harbor International CenturyLink PricewaterhouseCoopers
Telecommunications Accounting and Management Consulting
Airport is located just 15 minutes away. The Deloitte LLP Dignity Health
airport is one of the busiest in the U.S. based Accounting and Management Consulting Hospital Administration
on passenger traffic and offers more than 830 Fennemore Craig IBM Corporation
Law Firm Administrative Operations
daily non-stop flights to nearly 80 domestic
SCF Arizona U-Haul International
destinations and 13 international destinations.5 Direct Property and Casuality Insurance - HQ Leasing Services - Corp. HQ
Viad Corporation Xerox Corporation
5 Phoenix Sky Harbor International Airport, 2015. Business Services - HQ Copiers and Office Products
BMO Harris Bank
Banking and Financial Services
Source: Maricopa Association of Governments, 2013
PHOENIX IS DESIGNED City of Phoenix
Community and Economic Development Department
TO WORK. Page 242
200 W. Washington St., 20th Floor | Phoenix, AZ 85003
www.phoenix.gov/econdev | 602-262-5040
From: Adam Ghiz
To: Nick Klimek
Cc: ben@witheymorris.com
Subject: Re: Z-56-20 (3rd Avenue and Coolidge)
Date: Tuesday, November 3, 2020 12:07:07 PM
One Additional concern.
The large grassy area on the corner of 3rd and Coolidge has been used for years by the
neighborhood as a makeshift park. Families have used this area for recreation with their
children and pets. It provides for a grassy green area, in an otherwise paved jungle. You will
be taking this away from all residents, and instead of providing more greenery, will be adding
more concrete.
~Adam
On Nov 3, 2020, at 11:51 AM, Adam Ghiz
Here are my concerns for this project:
1. 56ft building height allowed by T5:5
2. 10 ft setback from current sidewalk, this in combination of the height will
basically provide for an entire block of apartments from the canal to Coolidge
looking directly over my fence and into my yard and house.
3. Noise, this is an extremely quiet section and adding an additional 218 housing
units will greatly increase the noise factor of the neighborhood.
4. Traffic. Hazelwood turns into 3rd ave and as a result, there is a very low traffic
density. Even with the the garage entry on Coolidge, traffic is going to greatly
increase on these streets and most likely all street parking with cease to exist.
5. Saturation. There are already 5 or 6 (possibly even more) high density
apartment complexes in this immediate area. Adding yet another complex will
adversely and disproportionately affect this neighborhood vs other
neighborhoods.
6. Historic district. This complex is almost surrounded on the 3rd ave and
Coolidge street sections by the Pierson Place Historic district. Constructing this
large complex when surrounded by a historic district diminishes the intention of
having a historic district. The proposed elevations are quoted as “blending in” yet
it looks like every other apartment complex built.
This project adversely affects my property disproportionately as I am on the
corner of 3rd and Hazelwood and this apartment complex will be towering over
my house, and on the entire east side of my property I will now stare at 56ft of
apartment building.
~Adam
On Nov 3, 2020, at 11:18 AM, Nick Klimek
Page 243
Good morning, Adam –
I apologize but I believe I failed to answer one of your primary questions,
expressed via Maura, regarding whether the property is currently
approved for development. The answer is both yes and no… please allow
me to explain.
The property is currently zoned R-5 which generally means they could
build to a height of 48 feet.
However, the applicant has elected to pursue additional zoning
entitlement under the Walkable Urban Code. The process will take 4-6
months and include 3 public hearings and a neighborhood meeting.
During this process, the site plan may change and evolve in response to
community concerns and priorities. I recommend putting your concerns in
writing and sending them over to me. I also suggest reaching out to the
applicant’s representative, Ben Tate, to express yours concerns early on.
In the coming weeks, I will be reviewing the proposal in greater detail.
Kind regards,
Nick
Nick Klimek, AICP
Village Planner
Office: 602-534-7696
Planning & Development Department
200 West Washington Street
Phoenix, AZ 85003
Mission: Planning, Development and Preservation for a Better
Phoenix
***I am currently working remotely on a rotational schedule, but will be
checking voicemails multiple times per day. Please feel free to leave me a
voice message or email me for a more timely response. Thank you.***
From: Adam Ghiz
Sent: Tuesday, November 3, 2020 10:45 AM
To: Nick Klimek
Page 244
Subject: Re: Z-56-20 (3rd Avenue and Coolidge)
Thanks for the response. So I am in the house directly across from this and
will be affected greatly as most of my exposure is to the east where the
current donor network building is. This picture is what I see from most of
my house. I estimate that these trees are approximately 30ft tall and
from what I have seen, it looks like the building will be 56ft tall. Also,
correct me if I am wrong, but the building will only be setback 10 ft from
the current sidewalk?
If this is the case, how can I expect any modicum of privacy? Not to
mention, that all I will be able to see from my windows will now be
building.
How does a project this large get approved so close to a historic
residential neighborhood? It destroys any point in trying to preserve the
original feel of the neighborhood.
I am greatly distressed by this news and also would like to know if there is
an estimated time when construction will begin.
Thanks,
Adam
On Nov 3, 2020, at 10:38 AM, Nick Klimek
Good morning, Mr. Ghiz –
My name is Nick Klimek and I am the Alhambra Village
Planner. I received your contact information from Maura
Jackson from our Historic Preservation Office. Please feel
free to send any written comments to me and I will ensure
they be provided to the applicant and included with the staff
report as the request is processed; in your email, please
reference the case number Z-56-20.
If you would like to discuss, please feel free to call me at the
below number but please note that the request is very new
so I may be light on exact details regarding the site plan.
Kind regards,
Page 245
Nick
Nick Klimek, AICP
Village Planner
Office: 602-534-7696
E-mail: nick.klimek@phoenix.gov
Planning & Development
Department
200 West Washington Street
Phoenix, AZ 85003
Mission: Planning, Development and Preservation
for a Better Phoenix
***I am currently working remotely on a rotational schedule,
but will be checking voicemails multiple times per day.
Please feel free to leave me a voice message or email me
for a more timely response. Thank you.***
Page 246
$WWDFKPHQW&
ADDENDUM A
Staff Report: Z-56-20-4
May 4, 2021
Alhambra Village Planning Committee January 26, 2021
Meeting Date:
Planning Commission Hearing Date: February 4, 2021
May 6, 2021
Request From: R-3 (Multifamily Residence District)
(0.18 acres) and R-5 (Multifamily
Residence District) (3.11 acres)
Request To: PUD (Planned Unit Development) (3.29
acres)
Proposed Use: Multifamily Residential
Location: Southeast corner of 3rd Avenue and
Coolidge Street
Owner: Donor Network of Arizona
Applicant: Trinsic Residential Group, Todd
Gosselink
Representative: Withey Morris PLC, Jason Morris
Staff Recommendation: Approval, subject to stipulations
BACKGROUND
The original proposal requested to rezone the subject site at the southeast corner of 3rd
Avenue and Coolidge from R-3 (Multifamily Residence District) and R-5 (Multifamily
Residence District) to WU Code T5:5 UT (Walkable Urban Code Transect 5:5, Uptown
Transit Character Area) for multifamily residential.
The proposal was to redevelop the existing office property into a four-story multifamily
structure with a limited fifth floor mezzanine. Staff recommended approval of the request
subject to 13 stipulations.
On January 26, 2021, the Alhambra Village Planning Committee heard the case and
recommended approval per the staff recommendation by a 15 to 1 vote. On February 4,
2021, the Planning Commission heard the case and recommended approval per the
Page 247
Addendum A to the Staff Report Z-56-20-4
May 6, 2021
Alhambra Village Planning Committee recommendation by a 7 to 1 vote with one
additional stipulation. The added stipulation was for the execution of a Proposition 207
Waiver.
After the Planning Commission Meeting, the case was continued by the City Council on
March 3rd to allow for additional communication regarding concerns. A series of
meetings were then held to discuss concerns regarding height, setbacks, number of
units, traffic, privacy, and flooding.
On April 7, 2021, Councilwoman Pastor moved that the case be remanded back to the
Planning Commission as a Planned Unit Development (PUD) with conditions to address
community concerns. The motion passed unanimously and included the following
conditions for the PUD resubmittal.
1. To address all staff stipulations and the following items based on discussions
with the neighborhood.
2. To include an overall maximum building height of 48 feet, except for the
parking garage which shall be limited to 56 feet.
3. To include a minimum setback of 20 feet between the curb and the building
faces on both Coolidge Street and 3rd Avenue.
4. To restrict the maximum number of dwelling units to 210.
5. To prohibit vehicular access to 3rd Avenue.
6. To require the applicable “frontage types” be identified along 3rd Avenue.
7. To address landscape and design features in response to neighborhood
considerations on 3rd Avenue and Coolidge Street.
8. To require permit parking throughout the neighborhood.
PROPOSAL
The PUD is intended to create a built environment that is superior to that produced by
conventional zoning districts and design guidelines. Where the PUD Development
Narrative is silent on a requirement, the applicable Zoning Ordinance provisions will be
applied.
Below is a summary of the proposed standards for the subject site as described
in the attached PUD Development Narrative date stamped April 29, 2021.
The PUD would allow the development of a five story multifamily development
Development but with notable revisions to the original request in response to community
concerns and the City Council motion.
Permitted Land Uses
The PUD utilizes the Permitted Use List found in Chapter 618 for R-5 (Multifamily
Residence District) with modifications to remove specified uses for the purposes
of promoting neighborhood compatibility.
Page 248
Addendum A to the Staff Report Z-56-20-4
May 6, 2021
The land uses prohibited by the PUD include the following: bed and breakfast
establishment; boarding house; group foster home; hotel or motel; environmental
remediation facility; branch offices for the following: banks, building and loan
associations, brokerage houses, savings and loan associations, finance
companies, title insurance companies and trust companies; and veterinary
offices.
Development Standards
Density: A maximum of 210 dwelling units.
Building Height: A maximum height of 48 feet along 3rd Avenue and Coolidge
Street and a maximum height of 56 feet for the parking structure. The proposed
regulation in the applicant’s narrative is not precisely aligned with the motion
which would require all buildings be limited to 48 feet with only the parking
structure being allow the 56 feet maximum. Stipulation 1.b. revises the
requirement to align with the City Council motion.
Building Setbacks: A minimum setback of 20 feet from both 3rd Avenue and
Coolidge Streets, as measured between the back of curb and the building front.
Landscape Setbacks: A minimum setback of 20 feet from both 3rd Avenue and
Coolidge Streets, as measured between the back of curb and the building front.
Planting Standards: The planting standards meet or exceed the requirements of
the Walkable Urban Code and the original stipulations for the all perimeters of
the subject site.
Vehicular Access: No vehicular access is permitted from 3rd Avenue.
Detached Sidewalks and Pedestrian Ways: The PUD requires the public
sidewalks be detached from the back of curb by a minimum 5 foot landscape
area that will be planted with four inch caliper (25 percent), three inch caliper (25
percent) and two inch caliper (50 percent) trees at a rate of 20 feet on center.
These standards will create 75 percent shade over the public sidewalk and meet
or exceed the requirements of the Walkable Urban Code and the original
stipulations.
Ground Level Frontage Types:
x North and West: The PUD requires that 70 percent of the ground level
building face oriented to 3rd Avenue have stoops and doorwells, patios,
and/or porches.
x South (Grand Canal Orientation): The PUD requires 20 percent of the
ground level building face oriented to the south conform to a frontage type.
Page 249
Addendum A to the Staff Report Z-56-20-4
May 6, 2021
Design Guidelines
The PUD incorporates all staff stipulations detailed in the recommendations of
the Alhambra Village Planning Committee and the Planning Commission. These
stipulations pertained to open space design, planting standards, architectural
enhancements and restrictions, and required frontage types. The PUD
incorporates each of these stipulations. Additionally, the PUD prohibits balconies
to the north and west unless “juliet” style.
ANALYSIS
The current rezoning request fulfills the abovementioned City Council direction
of filing for a PUD and the associated requirements with the below modifications:
Height: The PUD Narrative proposes a maximum height of 48 feet along 3rd
Avenue and Coolidge Street compared to the motion which would restrict all
buildings to 48 feet and the parking structure to 56 feet.
x Stipulation No. 1.b revises the PUD to align with the City Council motion.
South Facing “Frontage Types” and Publicly Accessible Open Space: The
PUD Narrative proposes that 20 percent of the total building face be developed with
“frontage types” to activate the space between the building and the canal; while this
is a reduction from the original stipulation which required 40 percent, the applicant
has compensated for the change by adding publicly accessible open space along
the canal as requested through the public hearing process.
In order to ensure that the publicly accessible open space is provided, a modification
to the development narrative has been added to dictate requirements for a publicly
accessible open space, that will be landscaped and programmed with amenities.
x Stipulation No. 1.c. revises the PUD to include additional publicly accessible
open space adjacent to the canal with a depth of 25 feet for the majority of the
southern property line and programmed with amenities such as benches and
shade structures.
Permit Parking in the Neighborhood: The applicant has indicated their intent to
implement permit parking for their residents, however, this program is off-site and
therefore cannot be stipulated.
Staff recommends approval subject to the following revised stipulations:
1.* The south facing mass of the building(s) oriented to the Grand Canal shall
incorporate Walkable Urban Code Frontage Types described in Section 1305
for a minimum 40 percent of the building face(s), as approved by the Planning
and Development Department. For the purpose applying the above provisions,
the above shall be treated as a Secondary Frontage with regard to glazing.
Page 250
Addendum A to the Staff Report Z-56-20-4
May 6, 2021
AN UPDATED DEVELOPMENT NARRATIVE FOR THE AURA
UPTOWN PUD REFLECTING THE CHANGES APPROVED
THROUGH THIS REQUEST SHALL BE SUBMITTED TO THE
PLANNING AND DEVELOPMENT DEPARTMENT WITHIN 30 DAYS
OF CITY COUNCIL APPROVAL OF THIS REQUEST. THE UPDATED
DEVELOPMENT NARRATIVE SHALL BE CONSISTENT WITH THE
DEVELOPMENT NARRATIVE DATE STAMPED APRIL 29, 2021, AS
MODIFIED BY THE FOLLOWING STIPULATIONS:
a. FRONT COVER: REVISE THE SUBMITTAL DATE
INFORMATION ON THE BOTTOM TO ADD THE FOLLOWING:
CITY COUNCIL ADOPTED: [ADD ADOPTION DATE].
b. PAGE 8, DEVELOPMENT STANDARDS TABLE, BUILDING
HEIGHT: MODIFY BUILDING HEIGHT STANDARD TO READ
AS FOLLOWS: A MAXIMUM HEIGHT OF 48 FEET FOR ALL
BUILDINGS EXCEPT FOR THE PARKING GARAGE WHICH
SHALL BE A MAXIMUM HEIGHT OF 56 FEET.”
c. PAGE 9, LANDSCAPE DEVELOPMENT STANDARDS TABLE,
CANALSCAPE; MODIFY THE FIRST BULLET POINT TO READ
AS FOLLOWS: A PUBLICLY ACCESSIBLE LANDSCAPED
GREENSPACE AREA SHALL BE PROVIDED ADJACENT TO
THE ARIZONA GRAND CANAL TRAIL ON THE SOUTH SIDE
OF THE PROPERTY. AT MINIMUM, THE GREEN SPACE
AREA WILL MEASURE 4,800 SQUARE FEET, 15 FEET IN
DEPTH FOR A DISTANCE OF 260 FEET, 7 FEET IN DEPTH
FOR A DISTANCE OF 70 FEET, AND SHALL BE GENERALLY
CONSISTENT WITH THE LANDSCAPE PLAN IN EXHIBIT 7. A
MINIMUM OF 3 PEDESTRIAN AMENITIES, WHICH COULD
INCLUDE BUT ARE NOT LIMITED TO, BENCHES AND SHADE
CANOPIES SHALL BE PROVIDED WITHIN THE LANDSCAPE
AREA.
2. The south facing mass of the building(s) oriented to the Grand Canal shall
contain architectural embellishments, design detailing, and / or space
programming to activate and provide visual access onto the canal, as
approved by the Planning and Development Department. Examples of
appropriate enhancements may include textural changes, offsets, recesses,
variation in window size and location, overhang canopies, balconies with a
depth greater of than 3 feet, and amenities such as gathering spaces.
3. Between the southern mass of the building and the south property line (the
Grand Canal right-of-way), the developer shall plant minimum 3-inch caliper,
large canopy shade trees, at a minimum frequency of 25 feet on center or in
equivalent groupings, as approved or modified by the Planning and
Development Department.
Page 251
Addendum A to the Staff Report Z-56-20-4
May 6, 2021
4. The provisions of Section 1310.A.2 of the Phoenix Zoning Ordinance shall
apply to require shaded open space of which a minimum 50 percent shall be
situated adjacent to the south property line (the Grand Canal right-of-way), as
approved or modified by the Planning and Development Department.
5. No solid perimeter wall greater than 36 inches in height shall be oriented to
and located within 30 feet of the south property line (the Grand Canal right-of-
way), as approved by the Planning and Development Department.
6. The developer shall provide traffic calming to slow vehicle traffic exiting the
property with specific regard to pedestrian safety on the public sidewalk, as
approved by the Planning and Development Department.
7. The developer shall provide a minimum of two direct and accessible pedestrian
connections from the amenity areas located south of the building mass to the
shared use path along the Grand Canal Trail, as approved by the Planning and
Development Department.
8. The developer shall provide and maintain the following bicycle infrastructure as
described below and as approved by the Planning and Development
Department.
a. A bicycle repair station (fix-it station) along the southern edge of the
site, visible, and accessible from the public sidewalk and / or the
Grand Canal Trail. The station shall include but not limited to:
standard repair tools affixed to the station; a tire gauge and pump;
and a bicycle repair stand which allows pedals and wheels to spin
freely while adjusting the bike.
b. All required bicycle parking for multifamily use, per Section
1307.H.6.d of the Phoenix Zoning Ordinance, shall be secured
parking.
c. Guest bicycle parking for multifamily residential use shall be
provided at a minimum of 0.05 spaces per unit with a maximum of
50 spaces near entrances of buildings and installed per the
requirements of Section 1306.H. of the Phoenix Zoning Ordinance.
2. The developer shall construct all streets within and adjacent to the
development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
median islands, landscaping and other incidentals as per plans approved by
the Planning and Development Department. All improvements shall comply
with all ADA accessibility standards.
3. This parcel is in a Special Flood Hazard Area (SFHA) called Zone A, on panel
1740 L of the Flood Insurance Rate Maps (FIRM) dated October 16, 2013. The
following requirements shall apply, as approved by the Planning and
Development Department:
a. The Architect/Engineer is required to show the floodplain boundary
Page 252
Addendum A to the Staff Report Z-56-20-4
May 6, 2021
limits on the Grading and Drainage plan and ensure that impacts to
the proposed facilities have been considered, following the National
Flood Insurance Program (NFIP) Regulations (44 CFR Paragraph
60.3); this includes, but not limited to provisions in the latest
versions of the Floodplain Ordinance of the Phoenix City Code.
b. A copy of the Grading and Drainage Plan shall be submitted to the
Floodplain Management section of Public Works Department for
review and approval of Floodplain requirements.
c. The developer shall provide a FEMA approved CLOMR-F or
CLOMR prior to issuance of a Grading and Drainage permit.
4. The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Sky Harbor Airport to future owners or
tenants of the property. The form and content of such documents shall be
according to the templates and instructions provided which have been
reviewed and approved by the City Attorney.
5. The developer shall grant and record an avigation easement to the City of
Phoenix for the site, per the content and form prescribed by the City Attorney
prior to final site plan approval.
6. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-
foot radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.
7.* PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE LANDOWNER
SHALL EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS FORM. THE
WAIVER SHALL BE RECORDED WITH THE MARICOPA COUNTY
RECORDER'S OFFICE AND DELIVERED TO THE CITY TO BE INCLUDED
IN THE REZONING APPLICATION FILE FOR RECORD
Exhibits
Sketch Map
Aerial Sketch Map
Community Correspondence (105 pages)
Z-56-20 Aura Uptown Planned Unit Development date stamped April 29, 2021
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Nick Klimek
Alhambra Village Planner
Planning & Development Department
200 West Washington Street
Phoenix, AZ 85003
Re: Aura Uptown / Z-56-20-4
I am a resident of the Pierson Place Historic Neighborhood, and I am writing to express my
support for particular aspects of the proposed rezoning of 201 W. Coolidge Street for the
development of the Aura Uptown multi-family residential project.
Though the height already zoned on this property is a bit out of step with the adjacent housing
to the west, a multifamily development is in line with developments east of the site, and its
proximity to strong pedestrian, bike, and transit connections makes me optimistic that access for
new residents will be multimodal, and not solely auto-oriented.
The proposed project has done a good job orienting toward the canal and maintaining 3rd Ave
as a bike and pedestrian space. I appreciate that the project restricts automobile access off 3rd
Ave. I also encourage the consideration of a traffic circle or other traffic calming device at
Coolidge and 3rd Avenue. My family, including my 3 year-old and 5 year-old, often walk or bike
to/from the canal along 3rd Ave, as do many other neighbors and the general population that
utilizes the 3rd Ave bike/ped corridor. Because Coolidge connects between Central and 7th Ave,
cars using it as a cut through or simply speeding due to the long straight stretch often miss the
stop sign at 3rd Ave, creating a dangerous situation for people (and especially children) walking
and biking along 3rd Ave. I imagine the increased traffic on Coolidge due to this project will only
exacerbate an already unsafe situation at that intersection. Whether this treatment could be
considered as part of the upcoming city-planned 3rd Ave bike improvements for this area or
included in this development, or shared by both, the quickest way to implement that safety
measure would be encouraged by many in our neighborhood. Certainly it should be scheduled
for completion prior to the opening of this development.
The loss of the existing mature shade trees is disappointing. If there is any way to preserve or
relocate any of those trees, it should be attempted. However, I do appreciate the proposed shade
trees along all walkways and the ground floor patios that add visual interest and a break in the
walls. As another neighbor suggested, I would encourage confirmation that tall shade trees have
enough space to grow in the available landscaping space to provide adequate shade across
walkways.
I am sad to lose the big existing green space but I appreciate that the applicant has gone beyond
the minimum requirements for public space. Building management is going to have to work hard
to maintain all sidewalks and green spaces, but the applicant has provided a nice space along
the canal for dogs and people that will be very popular with the neighborhood.
Sincerely,
Gina Thomas
102 W Elm St, Phoenix AZ 85013
Page 265
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Racelle Escolar
From: Lina Money
Sent: Thursday, May 6, 2021 11:37 AM
To: Racelle Escolar; PDD Planning Commission
Subject: In opposition / z-56-20-4
Dear members of the planning commission,
As of this morning at 11am May 6th, members of the opposition still have not seen the new site plans. We have asked for
a continuance and we are surprised it has not been granted as of yet seeing how we are expected to take a stance at
tonight’s meeting. The PUD was remanded from City Council skipping normal steps (including Alhambra) which would
have allowed us to have ample time to review the new site plans and documents. We have not asked for a single
continuance up to this point.
We are hoping the PUD can work as it has the potential to benefit everyone including the city’s vision of the Grand Canal-
scape. As the PUD stands, it does not work for the neighborhood. It is still very close to the WU T5:5 in density, vehicles,
units, height of the parking garage, and lack of appropriate parking spaces.
Trinsic has gained 45 units from the R3/R5. They have gone from 218 to 210 with 165 being the maximum are R5 would
allow. That is not a compromise. They have gained a 56 foot parking structure but they have REDUCED the number of
parking spots since the City Council Meeting from 303 to 292. At 266 beds (210 units), that leaves 26 parking spots for
couples and guests. That is unacceptable as this development is deep within our neighborhood. We agreed to 20 foot
setbacks with the understanding we were gaining 8 to 10 feet in setbacks (north and west sides) from the previous
rendering but this does not look to be the case based on a graphic that was sent to us a day ago. We need to see those
site plans.
If you have not received ample letters of opposition, it is because we were trying to work with the PUD but at this point
Trinsic is content with what they have and will not further reduce their density. The Dwelling Unit Density maximum for an
R5 with bonuses is 52.20. Currently Trinsic is at a dwelling urban density of 63.63. In order for the Dwelling Urban
Density to be at the maximum R5 with bonuses, Trinsic would have to bring their unit count down to 173.
210 units / 3.3 gross acres = 63.63 dwelling unit density
174 units / 3.3 gross acres = 52.72 dwelling urban density
We are open to working with this PUD as we do believe it could benefit all parties involved, but as of right now it hurts the
neighborhood and we are forced to look back at the R3/R5. If we could get further concessions on unit counts/ parking
spots in the PUD we could come back to the table. Without seeing a site plan, you are allowing us to go into this blind.
Please give us our continuance,
Vincent Bachelot
Page1 308
Racelle Escolar
From: R S
Sent: Thursday, May 6, 2021 11:39 AM
To: Racelle Escolar
Subject: Please submit to planning commission
Dear members of the planning commission,
As of this morning at 11am May 6th, members of the opposition still have not seen the new site plans. We have asked for
a continuance and we are surprised it has not been granted as of yet seeing how we are expected to take a stance at
tonight’s meeting. The PUD was remanded from City Council skipping normal steps (including Alhambra) which would
have allowed us to have ample time to review the new site plans and documents. We have not asked for a single
continuance up to this point.
We are hoping the PUD can work as it has the potential to benefit everyone including the city’s vision of the Grand Canal-
scape. As the PUD stands, it does not work for the neighborhood. It is still very close to the WU T5:5 in density, vehicles,
units, height of the parking garage, and lack of appropriate parking spaces.
Trinsic has gained 45 units from the R3/R5. They have gone from 218 to 210 with 165 being the maximum are R5 would
allow. That is not a compromise. They have gained a 56 foot parking structure but they have REDUCED the number of
parking spots since the City Council Meeting from 303 to 292. At 266 beds (210 units), that leaves 26 parking spots for
couples and guests. That is unacceptable as this development is deep within our neighborhood. We agreed to 20 foot
setbacks with the understanding we were gaining 8 to 10 feet in setbacks (north and west sides) from the previous
rendering but this does not look to be the case based on a graphic that was sent to us a day ago. We need to see those
site plans.
If you have not received ample letters of opposition, it is because we were trying to work with the PUD but at this point
Trinsic is content with what they have and will not further reduce their density. The Dwelling Unit Density maximum for an
R5 with bonuses is 52.20. Currently Trinsic is at a dwelling urban density of 63.63. In order for the Dwelling Urban
Density to be at the maximum R5 with bonuses, Trinsic would have to bring their unit count down to 173.
210 units / 3.3 gross acres = 63.63 dwelling unit density
174 units / 3.3 gross acres = 52.72 dwelling urban density
We are open to working with this PUD as we do believe it could benefit all parties involved, but as of right now it hurts the
neighborhood and we are forced to look back at the R3/R5. If we could get further concessions on unit counts/ parking
spots in the PUD we could come back to the table. Without seeing a site plan, you are allowing us to go into this blind.
Please give us our continuance,
Ron Szematowicz
Page1 309
Racelle Escolar
From: Lina Money
Sent: Thursday, May 6, 2021 11:32 AM
To: Racelle Escolar; PDD Planning Commission
Subject: In opposition / z-56-20-4
DearCommissioners,
The proposal before you today purports to be an acceptable compromise brokered between
communityoppositionandTrinsicResidentialGroup.
Thereality,however,istothecontrary.Asof10:30AMthismorning,oppositionhasyettoreceive
a revised site plan detailing the proposed development. We are also yet to hear back from the
StreetsTransportationDepartmentregardingthetrafficstudysubmittedbythedeveloper.
These procedural failures take backseat, however, to the fundamental shortcomings of this
settlementproposal.
Setbacksarestillinsufficienttoobtainoutrightneighborhoodsupport.Setbacksmustbe
I.
contiguouswithsurroundingdevelopments,viz.Ǧ30’onNorthside.Theofferof20’onthe
West is much appreciated. The additional 10’ along the North side will preserve the
surrounding setbacks and guarantee visibility for pedestrians, bikes and drivers at the
intersectionof3rdAveandCoolidge.
*Itshouldbenotedthatrenderingsthatwerereceivedmyamemberoftheoppositionthis
week showing the buildings redesigndo notappear to include the 20’ as proposed by the
developer.
II. TheNumber of Unitsmust be further reduced to prevent overǦdensification congestion
and vehicular traffic. R5 allows for 165 units; TRG seeks 210 units; the neighborhood
believesaunitcountof180Ǧ90unitsismoreappropriateinthissettingandisameaningful
increaseaboveR5entitlements.
III. TheNumberofParkingSlipsremainsinsufficienttoguaranteethatsurroundingproperty
ownersnotincurinjurytotheirpropertyenjoymentandqualityoflife.Parkingisofcourse,
afunctionofthenumberofunitsproposed.
IV. TheParkingStructureisUnacceptableasitcreatesblighttosurroundingneighbors.The
parking structure must needs be the same height as the residential structure (48’).
Additionally, stipulations must be included which prohibit the possibility of roofǦtop
parking or the installation of lighting assemblies atop the parking structure. This is to
prevent light pollution and preserve the aesthetic integrity for members of the public
utilizingthecanalscapeforrecreation.
V. Thefailuretoarriveatanacceptablearrangementcomesasagreatdisappointmenttothe
neighborhood. A PUD, if created according to the process stipulated by the PUD manual,
guarantees the community multiple, faceǦtoǦface meetings with the developer to broker
Page1 310
concessioninanorderlyandmeaningfulway.Wemetwiththedeveloperinadarkparking
lot the night before the city council meeting in a most unorthodox and surely exǦparte
fashionthatleftmeilltomystomach.Thiscannotbeallowedtobecomeapermissibleway
bywhichthecityallowscontroversialdevelopmentcasestoberesolved.IfPPDbelievesthat
aPUDistheappropriatevehicletobrokerasettlement,thenthePUDmustgothroughthe
normal,prescribedPUDprocess.
Becausewhatyouseebeforeyoutodayisnotacceptabletoopposition,beitknownthat
oppositionhassubmittedarequestforcontinuance.Webelievethatarrivingatanacceptable
compromiseisstillpossibleandwouldlikethecommissiontosupporttheneighborhoodin
bringingTRGtothetableinameaningfulway.IfthisisdeniedandthePUDissubsequently
recommendedtotheCityCouncilwithouttheinclusionofstipulationsamelioratingtheabove
referencedconcerns,oppositionintendstofurtherappeal.
Withrespect,
LinaMoney
Page2 311
TO: PPD FROM: DILLON HALL THURSDAY, MAY 6TH, 2021
Dear Commissioners,
The proposal before you today purports to be an acceptable compromise brokered between community
opposition and Trinsic Residential Group.
The reality, however, is to the contrary. As of 10:30AM this morning, opposition has yet to receive a
revised site plan detailing the proposed development. We are also yet to hear back from the Streets
Transportation Department regarding the traffic study submitted by the developer.
These procedural failures take backseat, however, to the fundamental shortcomings of this settlement
proposal.
I. Setbacks are still insufficient to obtain outright neighborhood support. Set backs must be contiguous
with surrounding developments, viz.- 30’ on North side. The offer of 20’ on the West is much
appreciated. The additional 10’ along the North side will preserve the surrounding setbacks and
guarantee visibility for pedestrians, bikes and drivers at the intersection of 3rd Ave and Coolidge.
*It should be noted that renderings that were received my a member of the opposition this week showing the buildings
redesign do not appear to include the 20’ as proposed by the developer.
II. The Number of Units must be further reduced to prevent over-densification congestion and vehicular
traffic. R5 allows for 165 units; TRG seeks 210 units; the neighborhood believes a unit count of
180-90 units is more appropriate in this setting and is a meaningful increase above R5 entitlements.
III. The Number of Parking Slipsremains insufficient to guarantee that surrounding property owners not
incur injury to their property enjoyment and quality of life. Parking is of course, a function of the
number of units proposed.
IV. The Parking Structure is Unacceptable as it creates blight to surrounding neighbors. The parking
structure must needs be the same height as the residential structure (48’). Additionally, stipulations
must be included which prohibit the possibility of roof-top parking or the installation of lighting
assemblies atop the parking structure. This is to prevent light pollution and preserve the aesthetic
integrity for members of the public utilizing the canalscape for recreation.
V. The failure to arrive at an acceptable arrangement comes as a great disappointment to the
neighborhood. A PUD, if created according to the process stipulated by the PUD manual, guarantees
the community multiple, face-to-face meetings with the developer to broker concession in an orderly
and meaningful way. We met with the developer in a dark parking lot the night before the city council
meeting in a most unorthodox and surely ex-parte fashion that left me ill to my stomach. This can not
be allowed to become a permissible way by which the city allows controversial development cases to
be resolved. If PPD believes that a PUD is the appropriate vehicle to broker a settlement, then the
PUD must go through the normal, prescribed PUD process.
Because what you see before you today is not acceptable to opposition, be it known that opposition has
submitted a requested for continuance. We believe that arriving at an acceptable compromise is still
possible and would like the commission to support the neighborhood in bringing TRG to the table in a
meaningful way. If this is denied and the PUD is subsequently recommended to the City Council without
the inclusion of stipulations ameliorating the above referenced concerns, opposition intends to further
appeal.
Respectfully,
Dillon Hall
324 W. Minnezona Ave.
PHX, AZ 85013
Page 312
Rcvd.5/5/2021
Towhomitmayconcern,
We,theneighborhood,requestacontinuanceforcase56Ͳ20Ͳ4togoontothenextplanning
commissionmeeting.
Vitalinformationhasnotbeenreceivedorithasnotbeenreceivedwithsufficienttimeto
review.WereceivedimagesfromMr.Gosselinktoday5Ͳ4astotheredesignhoweveritdoes
notlooklikeitincorporatedthe20footsetbacks.Weneedtoseetheofficialnewsiteplan
whichwehavenotseenyet.Additionallywealsohavenotreceivedaconfirmationwhether
thetrafficstudysubmittedonApril8thwasapprovedordeniedbythestreettransportation
department.
ThishasbeenremandedfromCityCouncilanddidnotgothroughthenormalPUDprocess
includingtheAlhambracommittee.Becauseofthis,wedidnothavetheusualopportunityto
reviewsiteplansanddocuments.Wehavenotaskedforasinglecontinuanceuptothispoint.
Wefeelitistheutmostimportancetodosoasit’sacriticaltime.
Thankyou
Sincerely
RonSzematowicz
Page 313
Racelle Escolar
From: Kenny W
Sent: Tuesday, May 4, 2021 11:07 AM
To: Racelle Escolar
Subject: Please Forward to all 9 Planning Commissioners re Agenda Item #15 (May 6th)
Re:AgendaItem#15"AuraUptown"(DonorNetwork3.29GrossAcreSite)
May6th,Thursday6pmVIRTUALWebexPlanningCommMeeting
PiersonPlaceHistoricDistrict
2Videosegments
1AerialPhoto
Park:0.44Acre
OldGrowthTrees:(25alongstreets&canal)
HiRacelle,
Canyoupleaseforwardthisemailasapwithitstworelevantvideolinks(toall9PlanningCommissioners)ofChannel3
News'"PhoenixCommunityFightstoKeepNeighborhoodPark"coverageretheproposedAuraUptownproject@SEC
of3rdAve&Coolidge,
...alongwiththevideolinkofCityCouncil's92Ͳminutehearingofthiscasethatproduced43minutesofstrong
neighborhoodoppositioncomments,with21neighborsspeakingagainstͲjustatipoftheiceberg.
DonorNetworkofficewasa.44acreparkandMͲF9Ͳ5greatestneighborEVER.
ThePiersonPlaceneighborhoodreallydidn'tawakentothislossofpark&neighborͲtobereplacedbyyetanother
"aggregating"compounding24/7trafficnightmarecomingintothedeepinteriorofourneighborhood(NOarterial
streets)tillAFTERthePlanningCommissionvotedonit.TheCityCouncilfoundthatneighborhood"awakening"outthe
hardwayͲ92minutesworth.Thus,it'sbackforhopefullymuchdifferentPCreconsiderationand2ndthoughts...this
timearound.
Thankyou!
KenWaters
PiersonPlace,27Ͳyrresident
Channel3Newsclip(97secondsegment)thatairedMarch2,2021:
https://www.youtube.com/watch?v=JgHI0aGl7Fk[youtube.com]
April7thCityCouncilHearing:
https://www.youtube.com/watch?v=oaTwv7GpIi4&t=12254s[youtube.com]
(Agendaitem#114,AuraUptownprojectthatlasted1hr,32mins):
AgendaItemStartedatthe3:02:05mark
PublicCommentsstartedatthe3:23:40mark
PublicCommentsendedatthe4:11:00mark
ItemEndedatthe4:34:00mark
92Minutestotal
Page1 314
Page2 315
ͲͲͲͲͲͲͲͲͲͲForwardedmessageͲͲͲͲͲͲͲͲͲ
From:DIANELMIHALSKY
Date:Sun,Feb28,2021at5:42PM
Subject:ZͲ56Ͳ20Ͳ4
To:council.district.4@phoenix.gov
Cc:mayor.gallego@phoenix.gov
council.district.3@phoenix.gov
council.district.7@phoenix.gov
CouncilpersonPastor:
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Page1 316
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DianeMihalsky
cc:MayorGallegoandCouncilpersonsWilliams,Waring,Stark,Guardado,DiCiccio,Nowakowski,andGarcia
Page2 317
Dear Councilperson Pastor,
I am a resident & property owner in Yaple Park Historic Neighborhood, and I write to
express my strongest disapproval of Rezoning Case No: Z-56-20-4.
Z-56-20-4 seeks to permit the construction of a 4 + story mid-rise on the Southeast corner
of 3rd Avenue and Coolidge Street in Midtown Phoenix (the former offices of the Donor
Network of AZ at 201 W. Coolidge). The complex will have a minimum of 218 units (275 beds),
will be set a mere 10 feet back from the street, and effectively will blanket the entire 2.6
acre parcel with a 60 foot structure that will tower over existing homes in every direction.
That the proposed development will damage the surrounding area is the widely-held and
affirmed belief of surrounding homeowners, residents, and private businesses.
I have joined the more than one hundred property owners and residents of the surrounding
neighborhoods in signing petitions against Z-56-20-4 to make clear our opposition to the
proposed changes. These are families and futures belonging to your constituents—of which
I am only one—and I respectfully implore you to consider voting against the rezoning
request.
The Alhambra Village Planning Committee and City of Phoenix Planning Committee have
both voted in favor of this zoning change, thus allowing for the proposed development to
proceed. Present at both meetings, however, were a large contingent of community members
—all of whom stood in opposition—and all of whom were prevented from meaningful
participation in either public process.
Page 318
These proceedings were contrary to our democratic principles, and were most especially
egregious as we made repeated attempts to voice our concerns and were given no reasonable
accommodation. The truth is that the surrounding residents are the individuals who will
suffer irreversible life changes, and so ought to have been guaranteed a meaningfulrole in
the decision making process. The process, thus far, has not afforded any role to them.
Like many of my neighbors, I am concerned that the proposed building will diminish
property values within the two adjacent historic neighborhoods1 and will create an unsafe
and dangerous traffic environment in an area in which ingress and egress are already
highly restricted. This is compounded by the fact that there will be insufficient parking to
accommodate the total number of residents, guests and service providers to the building. The
surrounding infrastructure of the neighborhood is not such that it can accommodate an
expected increase to vehicular activity without systemic improvements such as sidewalks—
none of which are part of the proposed development.
Congestion is further compounded by the fact that Pierson Place is bordered on two sides
by the Light Rail and on a third by the Grand Canal, leaving residents (1) No interior South-
Bound Exits, (2) a single Northern exit at Camelback and 3rd Avenue, and (3) a single Eastern
exit at the light on Highland and Central Avenue to head North. This last intersection is
already utilized by, as a necessity, the more than 3,500 students attending St. Francis Xavier
School, Brophy College Preparatory, Xavier College Preparatory and the clergy of the Parish
grounds2.
1 Yaple Park, which is 108 residences 103 of which are single-family-homes & Pierson Place, which is composed of more than 150 residences, 85%
of which are single-family-homes.
2 coming and going both at peak traffic hours and throughout the day.
Page 319
Many neighbors have expressed their concerns as ADA residents and as parents of young
children who will now be forced to compete with car traffic on the surface streets. Our
neighborhoods have very, very few sidewalks and we fear losing our pedestrian culture to
densification. Our ability to park in front of our own homes will also be compromised. The
stress on existing utilities is an additional concern, as this is a neighborhood built up in the
early 1930’s then again in the post-war 40’s-60’s.
Our sewer lines have been failing for a decade and effectively doubling demand on them
immediately will likely greatly accelerate the failure of this system—which is now at the end of
its projected life cycle, according to the city’s own data. This is yet another major cost to be
born by existing property owners and is a financial burden that gives sole accommodation to
the development in-question. If the City approves the development, it will shift the cost of
supporting the development onto existing individual property owners.
Arguably just as important is our belief that this development will decrease our property
enjoyment, stifle our historical identity, and gravely undermine the independence of our
community to influence—much less chart—our own futures.
Forcing this drastic and arguably inappropriate development upon existing property owners
will cause general injury to our financial positions and social fabric. Of specific concern are
traffic/parking hazards, the degree of density relative to surrounding properties and—frankly
—the aesthetically vacuous character of the proposed building. This area and this site in
particular deserves something better and ought to be developed in such a way as to amplify
the special nature of the surrounding historic neighborhoods.
Page 320
This is a large development smack-dab in the middle of two traditional, working-class
residential neighborhoods that are on their way up. This development brings our community
nothing of tangible value and, in fact, seriously undermines our expectation as property
owners to continue along an upward trajectory that has proven to be an asset to the city, and
will rationally be expected to continue. This development should be curtailed to benefit and
preserve the greater midtown area in the short-term, mid-term and long-term futures as
sought-after historic residential areas.
Put frankly, this development will transfer the hard-earned wealth generated by individual
homeowners and families toa Wall Street Corporation. This is not a case of xenophobia or of
anti-progressivism; this is a case of decades of hard working, mortgage paying and free-
holding individuals and families who have struggled to ensure that these communities would
not only survive but would flourish seeking to preserve what we have built. Now we are trying
to avoid collision with a powerful single interest, the impact of which we will likely not survive
—at least not recognizably—at the onset of our real prosperity.
I could go on and on, but I think I've expressed enough of your constituents' feelings in this
matter to inform you of our committed sentiment that this development should not go ahead.
Thank you for your time and consideration. Please keep up the good work, Councilperson
Pastor!
Sincerely,
Dillon Hall
324 West Minnezona
Phoenix, Arizona, 85013
Dillon.Hall.MTAZ@gmail.com
602.758.2241
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ZĐǀĚϯͬϮϰͬϮϬϮϭ
TheUrbanWalkableCodeisinappropriateforthesiteat3rdAve&CoolidgeSt.Thissiteisaway
fromallarterialroadsandisintheheartofahistoricneighborhoodthatiscutofftothesouth
bythecanal,haslimitedaccesstotheeastandthenorthbecauseofthelightrail,andcontends
withsuicidelaneson7thAvetothewest.Addingthismuchtrafficalongthe3rdAvebikepath
andwithinthisneighborhoodisbadforsafetyandoverallcitydevelopment.Thisdevelopment
inthisareaisinconsistentwiththeverypremiseofawalkablecode.
TrinsicDevelopmentgrouphasappliedforazoningchangefromahistoricR3/R5toaWUT5:5
whichisthesamezoningastheNWcornerofIndianSchoolandCentralAve.
AT5:5ischaracterizedby“abroadmixofbuildingsthatintegrateretail,offices,liveͲworkand
residential”.1Theyaveragein56to100feetinheight.Thereisnothingclosetothisheightany
wherenearthisdevelopmentorwithinthehistoricneighborhood,awayfromarterialroads.
Themajorityofthebuildingsinthesurroundingareaaresinglefamilyhomesonasinglefloor
andsometwostoryresidentialbuildings.TheaverageheightintheareaisLESSthan30feet,
somewherebetweenoneandtwostoryresidential.
AT5:2andT5:3isthenextstepdownandwestillarenotanywherenearitscharacterization.
“AlowintensitymixedusefabriccharacterizedbyaSMALLMAINSTREETSCALECOMMERCIAL
AREAS,adaptivereuseofsingleͲfamilyhomestoretail,officeusesanddiningestablishments
andmixeduseresidentialdevelopmentsincorporatingaBROADmixoffrontagetypes
averaging30to48feetinheight.”2Allthe“mainstreetcommercial”streetsarearterialroads.
3RdAveiscompletelyresidentialandwehavenoretailordiningawayfromarterialroads.
Againwearebetweenoneandtwostorieswiththemajorityoftheareaahistoriconestory
neighborhood.Wearewellbelowtheaverageheightof30Ͳ48’.
EventheT4:2andT4:3discussanaverageof30Ͳ40feetinheight.Wedonothaveclosetothis
averageeither.
Ihavebeenthroughmuchofthe“VisonandMasterPlan”Uptownsectioncitypamphletthat
Trinsichasusedtotoutthiszoningchangetoplanningcommissionsandtheneighborhoodand
itclearlystates“Theplanservesasaguideandisnotregulatory.Additionaloutreachand
researchonunderlyingentitlementsandappropriatenessofspecificpropertieswillbe
conductedduringtherezoningprocess3”(page77uptownsection).Ihavefoundplentyof
mapswithinthispamphletthatshowthispropertyoutsidetheappropriatenessofaWUcode
zone.
https://phoenix.municipal.codes/ZO/1302
https://phoenix.municipal.codes/ZO/1302
https://www.phoenix.gov/pddsite/Documents/PZ/ReinventPHX%20UPTOWN%20TOD%20Policy%20Plan%2011X1
7.pdfpage77
Page 322
ScreenshotfromCityofPhoenixmunicipalcodessection1302.
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ScreenshotfromCityofPhoenixwebsiteUrbanWalkableCodeHandout
Note:ThepropertyinquestionisNOTpartoftheurbanwalkablecode.Thesearenot
supposedtobetakenverbatim.
Page 324
AT5:5isthetypeofzoningthatTWOarterialroadsjustreceivedontheNorthwestcornerof
IndianSchoolandCentralAve.
WUT5:5IndianSchoolandCentralAve
WeareRESIDENTIAL.AlookatbusinessesviaGooglemaps.Notetheyareallwithinonehouse
ofarterialroads.NodiningnoretailawayfromCentralor7thAve.3RdAveisstrictlyresidential.
Googlemapsshowsnobusinessesawayfromarterialroads,nodiningandnoretail
Nobusinesseson3rdAveatall
Page 325
ZĐǀĚϯͬϮϰͬϮϬϮϭ
Theneighborhoodsurroundingthepropertytothewestandtothenorth.Note:awayfrom
arterialroads.
Oksane’spropertyandMonica’shousetothenorth
Page 326
AdamandPaula’slookingwestfromthedevelopment.Adaminparticularisveryconcerned
withtheproposedheightandtheinvasionofprivacyintohisyard.
Page 327
LookingwestonthesouthsideofHazelwood.KimandKaren’shouses.
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TeresaandMonica’shousedirectlyacrossthestreettothenorthofthedevelopment.
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Monica’shousewithTeresa’snextdoortothenorthoftheproperty.
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ZĐǀĚϯͬϮϰͬϮϬϮϭ
Trafficandparkingconcerns.
WehaveheardfromJasonMorristhatthisdevelopmentwillbethesametrafficasa34,000sq
ftofficecomplexthathada108parkingspaces.Thisproposedbuildingisgoingclosetothe
curbon115,000sqftblockandwillbe4stories.At218unitswith46studios,116one
bedroomsand56twobedroomthatgivesus274bedswithonly303parkingspots.Thatis1.1
parkingspotsperbed.Thatleaves29spacesforotherhalvesofcouplesandguests.Thisisnot
enoughparking.
Thisneighborhoodiscutofftothesouthbythecanal,haslimitedaccesstothenorthandeast
bythelightrailandcontendswithsuicidelanestothewest.3rdAveisabikepathandatraffic
increasewillreducesafety.Aparkingincreasewillreducevisibility.
108parkingspacesvs303parkingspaces….34,387Sqfeetof2storybuildingvs
115,133sqfootlotsizewhichwillbemostly4storybuilding
Theparkinggaragewithitssingleentranceandexitisgoingtobetowardtheeastofthe
propertytoencouragecarstoheadtowardCentralAve.Centralisrightturnonlyheading
south.
Page 333
CentralAveisrightturnonlyfromCoolidgeSt
SouthboundOnly
Page 334
Comingbackintotheneighborhood
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ZĐǀĚϯͬϮϰͬϮϬϮϭ
Wehavenotseenanappropriatedrainageplanforthesurroundingareaorthedevelopment’s
impactondrainage.ThefollowingphotosweretakenbyKarenMcCaslandafteroneofour
monsoonsattheproperty.Thisareaisafloodplain.Theprojectwillbebuiltonthisarea.
Page 336
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Itookthisphotooftheproperty.
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Dillon Hall
324 West Minnezona Avenue
Phoenix, Arizona 85013
March 29, 2021
Phoenix City Council
c/o
Racelle Escolar, Planner III
PDD, Planning Division
(602) 534-2864
Re: Analysis of WU Code as it related to the Council’s consideration of
Z-56-20-4
Dear Councilperson Pastor,
This letter is submitted to clarify and expound upon the analysis
previously submitted by Ron Szmatowicz, the appellant in Case Z-56-20-4, and to
provide additional authorities that are relevant to Trinsic Residential Group’s
(“Trinsic’s”) application to rezone approximately 3 acres at the southeast corner
of N. 3rd Ave. and W. Coolidge St. (“subject site”) from multifamily R-3 and R-5 to
Walkable Urban Code (“WU Code”) Transect 5:5. The application must be
denied because (1) The subject property is not located within the area
circumscribed by City’s current Transportation Overlay District (“TOD”) or
Master Plan/Walkable Urban Code (“Master Plan”) and (2) Even if the site were
located in the TOD or an area that is subject to the WU Code, the proposed
development’s scale and density are not consistent with the surrounding 1- and
2-story historic structures and setbacks of surrounding properties.
1. The City should deny Trinsic’s application under the WU
Code because the subject site was excluded from the City’s
most recent iterations of the TOD and Master Plan.
When the City constructed the light rail, it designated the area on either
side of the light rail route as the TOD, which was intended for higher density
development to promote ridership on the light rail. In 2015, Chapter 13 was
added to the City Code to create a Walkable Urban Code “to implement the
vision and policies of the [TOD] Policy Plans” for certain neighborhoods,
Page 357
including Uptown, where the subject site is located, and to “encourage an
appropriate mixture and density of activity around transit stations . . . .” Code
Section 1301(B). A map appended to the 2015 version of Chapter 13 showed
the TOD extending from N. 3rd Ave. to N. 3rd St. along N. Central Ave. in the
Uptown Transect District, between Indian School and Camelback Rds. The map
also included the disclaimer: “The City Clerk’s Office has the official version of
the Phoenix Zoning Ordinance. Users should contact the City Clerk’s Office for
ordinances passed subsequent to the ordinance cited above.”
The Staff Report for Z-56-20-4 stated that Trinsic’s plan would serve the
goals of the TOD and WU Code. See Staff Report at 7-8, Background Items Nos.
5 and 6. Since 2015, however, the City has refined the crude map appended to
Chapter 13 to exclude certain sites, including the subject site, from the TOD. See
Exhibit 1 (Interim Transit-Oriented Zoning Overlay District One (TOD-1)).
Similarly, the City’s current Master Plan excludes the subject site from the Master
Plan. See Exhibits 2, 3, 4 (Master Plan, Uptown-TOD Policy Plan and Walkable
Urban Code fo the Uptown District).
Developers should not be allowed unilaterally to set the course of the
City’s development against the City’s plan to preserve certain areas for other
uses, to the detriment of well-established residential neighborhoods. Because the
subject site is not included in the current TOD or Walkable Urban Code area,
the City should deny Trinsic’s application to rezone the site to WU Code T5:5.
2. The City should deny Trinsic’s application because the
proposed development’s scale and density are not consistent
with the surrounding 1- and 2-story historic structures and
setbacks of surrounding properties.
Trinsic plans to construct a 4-story + mezzanine, 218-unit luxury
apartment complex with only a 10’ setback from N. 3rd Ave. and W. Coolidge,
which are small local streets. The WU Code provides for a “[m]inimum ten-foot
landscape setback . . . .” Section 1303(A)(2)(a).
The Staff Report for Z-56-20-4 describes the neighborhoods surrounding
the proposed development, in relevant part as follows:
Page 358
East: Immediately east of the subject site is a
multifamily complex which is zoned R-5 (Multifamily
Residence District). . . . [T]he existing buildings do
not exceed three stories in height.
West: West of the subject site across 3rd Avenue are
residential structures of a single-story and
single-family detached character. . . .
North: North of the subject site across Coolidge
Street are various residential structures
ranging from a single-family detached
character to small apartment complex, with
neither type exceeding two stories. . . .
South (the Grand Canal): South of the subject site is
the Grand Canal . . . .
Staff Report at 6 (emphasis added). The Report notes that the subject site is
located “within one-quarter mile from two light rail stations,” not adjacent to the
light rail corridor. See id. at 8.
The WU Code’s transect districts “vary by the level and intensity of their
physical and social character, providing immersive contexts from less intense to
more intense urban development.” Section 1302(A). The T5:5 Transect district,
which designation Trinsic seeks for the parcel, as “[a] medium-high intensity
mixed-use fabric characterized by a broad mix of buildings that
integrate retail, offices, live-work and residential units adjacent to
the Light Rail Corridor, averaging 56 to 100 feet in height.” Section
1302(A)(4) (emphasis added). According to the Staff Report, the subject site is
surrounded on two sides by predominantly one-story single-family dwellings, a
small two-story apartment complex, and, to the east, a three-story apartment
complex, averaging, at most, 15 to 35 feet in height. The light rail corridor is at
least three blocks away. The subject site does not meet Code requirements for
WU Code T5:5.
Chapter 13 does recognize the T3-2 Transect District as “[l]ow-intensity
residential fabric characterized primarily by single-family homes and duplexes in
relatively large lots with deep setbacks.” Section 1302(A)(1). Although this
Page 359
characterization may fit the neighborhood surrounding the subject site, Trinsic
has not requested this zoning classification. Moreover, as noted above, Trinsic’s
proposed Aura Uptown project has only 10’ setbacks from the local streets on
which it is located. The 3-story apartment complex on the east has at least 30’
setbacks; the setbacks for the single-family detached structures and small
apartment complexes surrounding the proposed development have at least 25’ to
40’ setbacks. Although Chapter 13 provides that “[f]rontage setbacks maybe
expanded . . . by 20 percent in order to match adjacent frontage setbacks,”
Section 1304(B)(1), that would only bring the proposed development’s setbacks
to 12’. The proposed development would stick out like a sore thumb from
adjacent properties.
Conclusion
We do not oppose development in areas that that been designated as the
TOD or Walkable Urban Code along the arterial streets on the edges of the
Pierson Place and Carnation residential neighborhoods. 1 But Trinsic application
in Z-56-20-4 must be denied because (1) The subject property is not located
within the area circumscribed by City’s current TOD or Master Plan and (2) Even
if the site were located in the TOD or an area located in an area that is subject
to the WU Code, the proposed development is not consistent with the
surrounding 1- and 2-story historic structures and setbacks of surrounding
properties.
Respectfully,
Dillon Hall
Ron Szmatowicz
See SURMHFWDWVRXWKHDVWFRUQHURI1UG$YHDQG:,QGLDQ6FKRRO5G KHLJKW
QXPEHURIWRZHUV RWKHUSURMHFWV"
Page 360
EXHIBIT
I
Page 361
Page 362
EXHIBIT
II
Page 363
The Walkable Urban Code plan guides rezoning to the new WU Code. The plan identifies the rezoning locations and intensity
level Transect sub-districts that are consistent with the Vision and Master Plan.
The plan serves as policy guidance and is not regulatory. Additional outreach and research on underlying entitlements and
appropriateness of specific properties will be conducted during the rezoning process.
The Transit Oriented Development Strategic Policy Framework document identifies the Placetype for certain light-rail stops within
the District.
Like the Conceptual Master Plan, the Placetype models inform the proper scale and character of the Districts, which is then
encoded in the Regulating Plan.
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SUBJECT PROPERTY
Page 366
From: DIANE L MIHALSKY
To: Mayor Gallego; Council District 1 PCC; Council District 2 PCC; Council District 3 PCC; Council District 4; Council
District 5 PCC; Council District 6 PCC; Council District 7 PCC; Council District 8 PCC; Nick Klimek
Subject: Z-56-20-4 (scheduled for 4/7 at 2:30 p.m., item 114)
Date: Monday, April 5, 2021 10:16:08 AM
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Page 367
Page 368
Attachment D
REPORT OF PLANNING COMMISSION ACTION
May 6, 2021
ITEM NO: 15
DISTRICT NO.: 4
SUBJECT:
Application #: Z-56-20-4 (Aura Uptown PUD)
Location: Southeast corner of 3rd Avenue and Coolidge Street
From: R-3 and R-5
To: PUD
Acreage: 3.29
Proposal: Planned Unit Development for multifamily residential
Applicant: T. Gosselink, Trinsic Residential Group
Owner: Donor Network of Arizona
Representative: Jason Morris, Withey Morris, PLC
ACTIONS:
Staff Recommendation: Approval, subject to stipulations.
Village Planning Committee (VPC) Recommendation: Did not hear request for PUD.
Planning Commission Recommendation: Approval, per the Addendum A Staff Report with a
modified stipulation and additional stipulations.
Motion Discussion:
Commissioner Howard made a MOTION to approve Z-56-20-5, per Addendum A of the Staff
Report.
Commissioner Johnson made a substitute motion to approve Z-56-20-5, per Addendum A of the
Staff Report with additional stipulations to include that 20 percent open space (including the
canalscape) be required; that half the existing trees along the perimeter of the site must be
salvaged, and if unsalvageable then replaced with a minimum four-inch caliper tree or two, two-
inch caliper trees; and a modification of the maximum height on the north and west property
lines to 48 feet.
Commissioner Busching asked for a friendly amendment to increase the landscape setback
along the south property line.
Commissioner Johnson did not accept the amendment and responded that the increase in open
space will result in additional landscaping.
Commissioner Busching agreed.
Ms. Racelle Escolar asked for clarification on the motion.
Commissioner Johnson clarified that his motion is to approve Z-56-20 per Addendum A of the
Staff Report and added stipulations to require that the developer increase the open space,
Page 369
which includes the canalscape to 20 percent, with 75 percent being public open space, that at
least half of the existing trees shall be salvaged along the perimeter of the property and if
unsalvageable to replant a minimum four-inch caliper tree or two, two-inch caliper trees, and
that the maximum building height be 48 feet on the north and west property lines.
Ms. Escolar responded that the additional open space stipulation would be an amendment to
the PUD Development Standards to change it from 10 percent to essentially 15 percent for
publicly accessible open space and 5 percent general open space (including the canalscape).
She verified that the additional stipulation for salvaging trees would be for the existing trees on
the north and west property lines and stated that the provision can be added to the landscape
section of the PUD. She asked if the height limitation of 48 feet was only for the units along the
north and west or for a specific segment of the portions of the buildings.
Commissioner Johnson stated that the buildings on the south and east can go up to 56 feet and
the buildings on the north and west can go up to 48 feet.
Ms. Escolar verified that the maximum height requirements in the PUD Development Standards,
can be modified to limit the building height of the units along the north and west portions of the
building to 48 feet in height.
Commissioner Busching seconded the substitute motion.
Commissioner Gorraiz stated that he was in opposition to the substitute motion due to the
significant increase in open space and number of changes.
Commissioner Gaynor explained that this is a recommendation and City Council can accept or
deny the recommendation and feels comfortable with the motion.
Vice-Chairperson Howard stated the site is an infill site and open space is difficult to come by
without using units and economically can be difficult.
Motion details: Commissioner Johnson made a MOTION to approve Z-56-20-5, per Addendum
A of the Staff Report with additional stipulations to update the PUD Narrative to require 15
percent publicly accessible open space and 5 percent general open space (including the
canalscape), and requiring that half of the trees along the north and west perimeter be
salvaged, and if unsalvageable to be replaced with a four-inch caliper tree or two, two-inch
caliper trees; and a modified stipulation to limit the building height of the units along the north
and west portions of the building to 48 feet in height, and the remaining portions of the building
can be 56 feet.
Maker: Johnson
Second: Busching
Vote: 6-3 (Gorraiz, Howard, Perez)
Absent: None
Opposition Present: Yes
Findings:
1. The proposal is consistent with the General Plan Land Use Map designation of
Residential 15+ Dwelling Units Per Acre and the TOD Strategic Policy
Framework Minor Urban Center Place Type designation.
Page 370
2. The development advances the vision and recommendations contained in the
Uptown Transit Oriented Development Plan and will support pedestrian
oriented development near the light rail and multiple urban bikeways.
3. The proposal will create additional housing options for the significant number of
residents in the Uptown TOD District.
Stipulations:
1. The south facing mass of the building(s) oriented to the Grand Canal shall
incorporate Walkable Urban Code Frontage Types described in Section 1305
for a minimum 40 percent of the building face(s), as approved by the Planning
and Development Department. For the purpose applying the above provisions,
the above shall be treated as a Secondary Frontage with regard to glazing.
AN UPDATED DEVELOPMENT NARRATIVE FOR THE AURA UPTOWN
PUD REFLECTING THE CHANGES APPROVED THROUGH THIS
REQUEST SHALL BE SUBMITTED TO THE PLANNING AND
DEVELOPMENT DEPARTMENT WITHIN 30 DAYS OF CITY COUNCIL
APPROVAL OF THIS REQUEST. THE UPDATED DEVELOPMENT
NARRATIVE SHALL BE CONSISTENT WITH THE DEVELOPMENT
NARRATIVE DATE STAMPED APRIL 29, 2021, AS MODIFIED BY THE
FOLLOWING STIPULATIONS:
A. FRONT COVER: REVISE THE SUBMITTAL DATE INFORMATION ON
THE BOTTOM TO ADD THE FOLLOWING: CITY COUNCIL
ADOPTED: [ADD ADOPTION DATE].
B. PAGE 8, DEVELOPMENT STANDARDS TABLE, BUILDING HEIGHT:
MODIFY BUILDING HEIGHT STANDARD TO READ AS FOLLOWS: A
MAXIMUM HEIGHT OF 48 FEET FOR ALL BUILDINGS EXCEPT FOR
THE PARKING GARAGE WHICH SHALL BE A MAXIMUM HEIGHT
OF 56 FEET.”
NORTH STREET FRONTAGE/WEST STREET
FRONTAGE: 48 FEET
(UNITS ALONG THE NORTH AND WEST)
EAST FRONTAGE/SOUTH FRONTAGE: 56 FEET
C. PAGE 8, DEVELOPMENT STANDARDS TABLE, MINIMUM OPEN
SPACE: MODIFY MINIMUM OPEN SPACE STANDARD TO READ
AS FOLLOWS:
15% PUBLICLY ACCESSIBLE OPEN SPACE
5% GENERAL OPEN SPACE
(INCLUDING CANALSCAPE)
CD. PAGE 9, LANDSCAPE DEVELOPMENT STANDARDS TABLE,
CANALSCAPE; MODIFY THE FIRST BULLET POINT TO READ AS
Page 371
FOLLOWS: A PUBLICLY ACCESSIBLE LANDSCAPED
GREENSPACE AREA SHALL BE PROVIDED ADJACENT TO THE
ARIZONA GRAND CANAL TRAIL ON THE SOUTH SIDE OF THE
PROPERTY. AT MINIMUM, THE GREEN SPACE AREA WILL
MEASURE 4,800 SQUARE FEET, 15 FEET IN DEPTH FOR A
DISTANCE OF 260 FEET, 7 FEET IN DEPTH FOR A DISTANCE OF
70 FEET, AND SHALL BE GENERALLY CONSISTENT WITH THE
LANDSCAPE PLAN IN EXHIBIT 7. A MINIMUM OF 3 PEDESTRIAN
AMENITIES, WHICH COULD INCLUDE BUT ARE NOT LIMITED TO,
BENCHES AND SHADE CANOPIES SHALL BE PROVIDED WITHIN
THE LANDSCAPE AREA.
E. PAGE 9, LANDSCAPE DEVELOPMENT STANDARDS TABLE,
STREETSCAPE (COOLIDGE STREET AND 3RD AVENUE
FRONTAGES); ADD A BULLET POINT TO READ AS FOLLOWS:
HALF OF THE TREES ALONG THE NORTH AND WEST
PERIMETER SHALL BE SALVAGED, AND IF UNSALVAGEABLE
THEY MUST BE REPLACED WITH A MINIMUM 4-INCH CALIPER
TREE OR TWO 2-INCH CALIPER TREES.
2. The south facing mass of the building(s) oriented to the Grand Canal shall
contain architectural embellishments, design detailing, and / or space
programming to activate and provide visual access onto the canal, as
approved by the Planning and Development Department. Examples of
appropriate enhancements may include textural changes, offsets, recesses,
variation in window size and location, overhang canopies, balconies with a
depth greater of than 3 feet, and amenities such as gathering spaces.
3. Between the southern mass of the building and the south property line (the
Grand Canal right-of-way), the developer shall plant minimum 3-inch caliper,
large canopy shade trees, at a minimum frequency of 25 feet on center or in
equivalent groupings, as approved or modified by the Planning and
Development Department.
4. The provisions of Section 1310.A.2 of the Phoenix Zoning Ordinance shall
apply to require shaded open space of which a minimum 50 percent shall be
situated adjacent to the south property line (the Grand Canal right-of-way), as
approved or modified by the Planning and Development Department.
5. No solid perimeter wall greater than 36 inches in height shall be oriented to
and located within 30 feet of the south property line (the Grand Canal right-of-
way), as approved by the Planning and Development Department.
6. The developer shall provide traffic calming to slow vehicle traffic exiting the
property with specific regard to pedestrian safety on the public sidewalk, as
approved by the Planning and Development Department.
7. The developer shall provide a minimum of two direct and accessible pedestrian
connections from the amenity areas located south of the building mass to the
shared use path along the Grand Canal Trail, as approved by the Planning and
Development Department.
Page 372
8. The developer shall provide and maintain the following bicycle infrastructure as
described below and as approved by the Planning and Development
Department.
a. A bicycle repair station (fix-it station) along the southern edge of the
site, visible, and accessible from the public sidewalk and / or the Grand
Canal Trail. The station shall include but not limited to: standard repair
tools affixed to the station; a tire gauge and pump; and a bicycle repair
stand which allows pedals and wheels to spin freely while adjusting the
bike.
b. All required bicycle parking for multifamily use, per Section 1307.H.6.d
of the Phoenix Zoning Ordinance, shall be secured parking.
c. Guest bicycle parking for multifamily residential use shall be provided at
a minimum of 0.05 spaces per unit with a maximum of 50 spaces near
entrances of buildings and installed per the requirements of Section
1306.H. of the Phoenix Zoning Ordinance.
9.2. The developer shall construct all streets within and adjacent to the
development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
median islands, landscaping and other incidentals, as per plans approved by
the Planning and Development Department. All improvements shall comply
with all ADA accessibility standards.
10.3. This parcel is in a Special Flood Hazard Area (SFHA) called Zone A, on panel
1740 L of the Flood Insurance Rate Maps (FIRM) dated October 16, 2013. The
following requirements shall apply, as approved by the Planning and
Development Department:
a. The Architect/Engineer is required to show the floodplain boundary
limits on the Grading and Drainage plan and ensure that impacts to the
proposed facilities have been considered, following the National Flood
Insurance Program (NFIP) Regulations (44 CFR Paragraph 60.3); this
includes, but not limited to provisions in the latest versions of the
Floodplain Ordinance of the Phoenix City Code.
b. A copy of the Grading and Drainage Plan shall be submitted to the
Floodplain Management section of Public Works Department for review
and approval of Floodplain requirements.
c. The developer shall provide a FEMA approved CLOMR-F or CLOMR
prior to issuance of a Grading and Drainage permit.
11.4. The property owner shall record documents that disclose the existence, and
operational characteristics of Phoenix Sky Harbor Airport to future owners or
tenants of the property. The form and content of such documents shall be
according to the templates and instructions provided which have been
reviewed and approved by the City Attorney.
Page 373
12.5. The developer shall grant and record an avigation easement to the City of
Phoenix for the site, per the content and form prescribed by the City Attorney
prior to final site plan approval.
13.6. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-
foot radius of the discovery, notify the City Archaeologist, and allow time for the
Archaeology Office to properly assess the materials.
14.7. PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE LANDOWNER
SHALL EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS FORM. THE
WAIVER SHALL BE RECORDED WITH THE MARICOPA COUNTY
RECORDER'S OFFICE AND DELIVERED TO THE CITY TO BE INCLUDED
IN THE REZONING APPLICATION FILE FOR RECORD.
This publication can be made available in alternate format upon request. Please contact Tamra
Ingersoll at (602) 534-6648, TTY use 7-1-1.
Page 374
Attachment E
CITY OF PHOENIX
PLANNING AND DEVELOPMENT DEPARTMENT
FORM TO REQUEST PC to CC
I HEREBY REQUEST THAT THE CC HOLD A PUBLIC HEARING ON:
MAY 19, 2021
APPLICATION NO/ Z-56-20-4 (SIGNATURE ON ORIGINAL IN FILE)
LOCATION Southeast corner of opposition x applicant
3rd Avenue and
Coolidge Street
Phoenix, AZ 85013 PC 5/6/2021 308 West Coolidge Street
Phoenix, AZ 85013
PC DATE STREET/ADDRESS/CITY/STATE/ZIP
TO PC/CC CC 5/19/2021 Ron Szematowicz
HEARING 602-748-5607
pjharveytrack12@yahoo.com
CC DATE NAME / PHONE / EMAIL
REASON FOR REQUEST:
We do not agree with the stipulations of the PUD from the Planning Commission. We want
further negotiations under the PUD.
RECEIVED BY: Kim Steadman RECEIVED ON: 5/7/2021
Alan Stephenson Danielle Jordan
Joshua Bednarek Ra’Desha Williams
Tricia Gomes Nick Klimek
Racelle Escolar Samantha Keating
Stephanie Vasquez Paul M. Li
David Urbinato Applicant
Vikki Cipolla-Murillo
Page 375
Page 376
Attachment F
Racelle Escolar
From: Olga Petkova
Sent: Thursday, May 6, 2021 11:47 AM
To: PDD Planning Commission
Subject: In opposition/z-54-20-4
Dear members of the planning commission,
As of this morning at 11am May 6th, members of the opposition still have not seen the new site plans. We have asked
for a continuance and we are surprised it has not been granted as of yet seeing how we are expected to take a stance at
tonight’s meeting. The PUD was remanded from City Council skipping normal steps (including Alhambra) which would
have allowed us to have ample time to review the new site plans and documents. We have not asked for a single
continuance up to this point.
We are hoping the PUD can work as it has the potential to benefit everyone including the city’s vision of the Grand
Canal‐scape. As the PUD stands, it does not work for the neighborhood. It is still very close to the WU T5:5 in density,
vehicles, units, height of the parking garage, and lack of appropriate parking spaces.
Trinsic has gained 45 units from the R3/R5. They have gone from 218 to 210 with 165 being the maximum are R5 would
allow. That is not a compromise. They have gained a 56 foot parking structure but they have REDUCED the number of
parking spots since the City Council Meeting from 303 to 292. At 266 beds (210 units), that leaves 26 parking spots for
couples and guests. That is unacceptable as this development is deep within our neighborhood. We agreed to 20 foot
setbacks with the understanding we were gaining 8 to 10 feet in setbacks (north and west sides) from the previous
rendering but this does not look to be the case based on a graphic that was sent to us a day ago. We need to see those
site plans.
If you have not received ample letters of opposition, it is because we were trying to work with the PUD but at this point
Trinsic is content with what they have and will not further reduce their density. The Dwelling Unit Density maximum for
an R5 with bonuses is 52.20. Currently Trinsic is at a dwelling urban density of 63.63. In order for the Dwelling Urban
Density to be at the maximum R5 with bonuses, Trinsic would have to bring their unit count down to 173.
210 units / 3.3 gross acres = 63.63 dwelling unit density
174 units / 3.3 gross acres = 52.72 dwelling urban density
We are open to working with this PUD as we do believe it could benefit all parties involved, but as of right now it hurts
the neighborhood and we are forced to look back at the R3/R5. If we could get further concessions on unit counts/
parking spots in the PUD we could come back to the table. Without seeing a site plan, you are allowing us to go into this
blind.
Please give us our continuance,
Olga Petkova
Sent from my iPhone
Page1 377
Racelle Escolar
From: Ivo Petkov
Sent: Thursday, May 6, 2021 11:50 AM
To: PDD Planning Commission
Subject: In opposition / z-56-20-4
Dear members of the planning commission,
As of this morning at 11am May 6th, members of the opposition still have not seen the new site plans. We have asked for
a continuance and we are surprised it has not been granted as of yet seeing how we are expected to take a stance at
tonight’s meeting. The PUD was remanded from City Council skipping normal steps (including Alhambra) which would
have allowed us to have ample time to review the new site plans and documents. We have not asked for a single
continuance up to this point.
We are hoping the PUD can work as it has the potential to benefit everyone including the city’s vision of the Grand Canal-
scape. As the PUD stands, it does not work for the neighborhood. It is still very close to the WU T5:5 in density, vehicles,
units, height of the parking garage, and lack of appropriate parking spaces.
Trinsic has gained 45 units from the R3/R5. They have gone from 218 to 210 with 165 being the maximum are R5 would
allow. That is not a compromise. They have gained a 56 foot parking structure but they have REDUCED the number of
parking spots since the City Council Meeting from 303 to 292. At 266 beds (210 units), that leaves 26 parking spots for
couples and guests. That is unacceptable as this development is deep within our neighborhood. We agreed to 20 foot
setbacks with the understanding we were gaining 8 to 10 feet in setbacks (north and west sides) from the previous
rendering but this does not look to be the case based on a graphic that was sent to us a day ago. We need to see those
site plans.
If you have not received ample letters of opposition, it is because we were trying to work with the PUD but at this point
Trinsic is content with what they have and will not further reduce their density. The Dwelling Unit Density maximum for an
R5 with bonuses is 52.20. Currently Trinsic is at a dwelling urban density of 63.63. In order for the Dwelling Urban
Density to be at the maximum R5 with bonuses, Trinsic would have to bring their unit count down to 173.
210 units / 3.3 gross acres = 63.63 dwelling unit density
174 units / 3.3 gross acres = 52.72 dwelling urban density
We are open to working with this PUD as we do believe it could benefit all parties involved, but as of right now it hurts the
neighborhood and we are forced to look back at the R3/R5. If we could get further concessions on unit counts/ parking
spots in the PUD we could come back to the table. Without seeing a site plan, you are allowing us to go into this blind.
Please give us our continuance,
Ivo Petkov
Sent from my iPhone
Page1 378
Racelle Escolar
From: nancygmcmillan@q.com
Sent: Thursday, May 6, 2021 12:25 PM
To: PDD Planning Commission
Subject: RE: 3rd Av & Coolidge project
Sorry need to state need a continuance until we can see site plans and discuss with our neighborhood
From: nancygmcmillan@q.com
Sent: Thursday, May 6, 2021 12:20 PM
To: 'pdd.planningcomm@phoenix.gov'
Subject: 3rd Av & Coolidge project
Team,
I hope all is well? I am writing regarding the project development on 3rd Av & Coolidge. We were unaware that if
we opposed or approved that we were to email you all.
My name is Nancy G. McMillan and I live at 151 W Mariposa St, Phoenix, AZ 85013. While I appreciate the PUD
recommendation from Laura we have some concerns.
I am in opposition for the following reasons:
Have not seen plan or site plans after the original was declined
o Things that were recommended we have no way to verify
o For example we got some pictures of the new proposal, but there are no setbacks
TRAFFIC
o No traffic study done and this is a major concern
Parking
o While everyone says permit parking is going to be done this is the responsibility of the
neighborhood not the developer and council
o They have supposedly decreased parking which is unacceptable especially if a taller unit
o Need to make sure they have plenty of visitor parking
Setbacks
o They are not shown in the pictures we have received
o Setbacks should be 33’ wide and grass over the 16’6” grassed over
THIS IS NOT AN ARTERIAL ROAD
o These size and types of apartments are appropriate for arterial roads not internal to a
neighborhood
o This should not be any higher than other apartments in the neighborhood
I think this is enough for now.
Nancy,
To help protect y ou r priv acy , Microsoft Office prev ented
download of this pictu re from the Internet.
Virus-free. www.avg.com [avg.com]
[avg.com]
Page1 379
Racelle Escolar
From: Tania Bachelot
Sent: Thursday, May 6, 2021 2:34 PM
To: Racelle Escolar; PDD Planning Commission
Dear members of the planning commission,
As of this morning at 11am May 6th, members of the opposition still have not seen the new site plans. We have asked for
a continuance and we are surprised it has not been granted as of yet seeing how we are expected to take a stance at
tonight’s meeting. The PUD was remanded from City Council skipping normal steps (including Alhambra) which would
have allowed us to have ample time to review the new site plans and documents. We have not asked for a single
continuance up to this point.
We are hoping the PUD can work as it has the potential to benefit everyone including the city’s vision of the Grand Canal-
scape. As the PUD stands, it does not work for the neighborhood. It is still very close to the WU T5:5 in density, vehicles,
units, height of the parking garage, and lack of appropriate parking spaces.
Trinsic has gained 45 units from the R3/R5. They have gone from 218 to 210 with 165 being the maximum are R5 would
allow. That is not a compromise. They have gained a 56 foot parking structure but they have REDUCED the number of
parking spots since the City Council Meeting from 303 to 292. At 266 beds (210 units), that leaves 26 parking spots for
couples and guests. That is unacceptable as this development is deep within our neighborhood. We agreed to 20 foot
setbacks with the understanding we were gaining 8 to 10 feet in setbacks (north and west sides) from the previous
rendering but this does not look to be the case based on a graphic that was sent to us a day ago. We need to see those
site plans.
If you have not received ample letters of opposition, it is because we were trying to work with the PUD but at this point
Trinsic is content with what they have and will not further reduce their density. The Dwelling Unit Density maximum for an
R5 with bonuses is 52.20. Currently Trinsic is at a dwelling urban density of 63.63. In order for the Dwelling Urban
Density to be at the maximum R5 with bonuses, Trinsic would have to bring their unit count down to 173.
210 units / 3.3 gross acres = 63.63 dwelling unit density
174 units / 3.3 gross acres = 52.72 dwelling urban density
We are open to working with this PUD as we do believe it could benefit all parties involved, but as of right now it hurts the
neighborhood and we are forced to look back at the R3/R5. If we could get further concessions on unit counts/ parking
spots in the PUD we could come back to the table. Without seeing a site plan, you are allowing us to go into this blind.
Please give us our continuance,
Kind regards,
Tania Petkova Bachelot (Sevigne LLC)
506 W Coolidge street, 85013 Phoenix
Page1 380
Racelle Escolar
From: Adam Ghiz
Sent: Thursday, May 6, 2021 2:57 PM
To: PDD Planning Commission
Subject: Opposition to Z56-20-4 (3rd and Coolidge)
I’m writing to voice my opposition to the modified zoning request for z-56-20 3rd ave and Coolidge
This request was remanded down from city council to be modified into a PUD to try and work with the neighborhood to
find a compromise.
It was to address four things, density, traffic, parking and setbacks. So far only one of these has been barely touched.
The 20 foot setback is now being interpreted to be less than 20 feet from the curb to building, that aren’t materially
pushing the building back 20 feet from the curb. The intent of which was to aid in privacy of the neighboring single family
homes. The units were reduced by 8 which is only a 4% decrease, again not a substantial change from the original plan.
Also, apparently the parking has been reduced as well bringing the available parking percentage to nearly the same as
the original design. All of this while the garage is still allowed to be 56 feet tall. I ask you, if they have reduced the parking
available, why is the garage still higher than the building? Also, if parking concerns were an issue with the original design,
why reduce the number of available spots even more?
The other issue with this is that these plans have not been revealed to the public yet and this meeting is today. How can
input be given, if the changes have not been made public? We are losing normal steps in the PUD process here and by
not giving access to the changes, we are further being infringed upon.
I feel that the neighborhood is asking for reasonable items and there is room to come to an agreement. I also feel that the
spirit of the PUD is not being respected nor is it being used the way it was intended
I feel that this leads one to the conclusion that either this request must be extended to a future meeting where these
issues can be address in the proper manner, or this must be denied.
Adam Ghiz
302 W Hazelwood St
Phoenix, AZ 85013
Page1 381
Report
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Item text
Establishing Office of Accountability and Transparency (Ordinance G-6851)
Request approval of the Ordinance adding Chapter 20 to the Phoenix City Code
creating the Office of Accountability and Transparency. This item was requested by
Mayor Kate Gallego and Vice Mayor Carlos Garcia according to the Council Rules
of Proceedings 2(c) (Attachment A).
Summary
Adoption of this Ordinance will establish the Office of Accountability and
Transparency (OAT) in the City Manager's Office. The OAT will monitor or
participate in investigations that are brought forth against members of the Phoenix
Police Department. It also will provide recommendations for training, policy, hiring
practices, disciplinary actions and other oversight of the Police Department on
behalf of the community. This item and draft Ordinance were discussed at a City
Council Work Study Session on Sept. 8, 2020, City Council Policy Session on Oct.
13, 2020 and the City Council Formal Meeting on Nov. 18, 2020. The draft
Ordinance from Nov. 18, 2020, which defines the role of the OAT Director and
outlines the scope and duties of the Director and OAT office is attached
(Attachment B).
Concurrence/Previous Council Action
5-4. Further Council action has been taken authorizing the first year's budget
allocation and creating the staff positions for the OAT. A motion to adopt the
Ordinance on Nov. 18, 2020 failed by a vote of 5-4.
Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer, the City Manager's
Office and the Law Department.
Page 382
Attachment A
To: City Manager Ed Zuercher Date: April 22, 2021
From: Mayor Kate Gallego
Vice Mayor Carlos Garcia
Subject: Addition of the Office of Accountability and Transparency to the May 19 Formal
Agenda
On February 25, 2020, the City Council voted to create the Office of Accountability and
Transparency (OAT). During the 2020 budget process, the City Council then voted to fully fund
OAT with a $3 million allocation. After a series of Work Study Sessions and Policy meetings
dedicated to the development of the OAT ordinance, city staff drafted an ordinance to formally
establish the office.
We believe the time is right to formally approve the rules to create OAT. We know the council is
committed to continuous improvement of all city departments, including the Police Department.
This is a request per Council Rule 2(c) to place consideration of the OAT ordinance on the May
19, 2021 Formal agenda.
Cc: Phoenix City Council
Denise Archibald
Jeff Barton
Page 383
ATTACHMENT B
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE
ORDINANCE G-______
AN ORDINANCE ESTABLISHING THE GOVERNING
LANGUAGE FOR OFFICE OF ACCOUNTABILITY AND
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TRANSPARENCY BY CREATING A NEW CHAPTER 20
OF THE PHOENIX CITY CODE; AND ESTABLISHING AN
EFFECTIVE DATE.
T _______________
WHEREAS, the mission of the Office of Accountability and Transparency
(the “OAT”) is to provide for independent review of the Phoenix Police Department; and,
R WHEREAS, the OAT is hereby created as a new City administrative office
under the City Manager; and,
WHEREAS, the City is responsive to community requests for independent
D
commendations or registration of a complaint against a sworn member of the
Department; and,
WHEREAS, the OAT will ensure that a complaint is fairly and objectively
resolved either through mutually acceptable mediation or as a result of a thorough and
fair investigation. The OAT shall meet these objectives by monitoring or participating in
the investigation of use of force, in custody deaths, and other matters of public interest,
and by making suggestions regarding discipline; and,
Page 384
WHEREAS, the OAT shall research, analyze, and share information with
the Police Chief, City Manager, and community designed to improve the policies,
practices, procedures, training, and community engagement activities of the Phoenix
Police Department; and,
WHEREAS, the OAT shall prepare and provide transparent reports to the
public to help educate and inform the community; and,
WHEREAS, the OAT will create a team of competent, dedicated, and
independent staff to function as a conduit that in the long run shall encourage an
environment where the broader community can have greater trust of its police
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department through increased accountability and transparency.
FOLLOWS:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX AS
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SECTION 1. CHAPTER 20, OFFICE OF ACCOUNTABILITY AND
TRANSPARENCY, IS ADDED AS FOLLOWS:
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Chapter 20. OFFICE OF ACCOUNTABILITY AND TRANSPARENCY .......................... 3
Article I. Creation of Civilian Review............................................................................. 3
Sec. 20-1. Office of Accountability and Transparency Created. .................................. 3
Sec. 20-2. Reserved..................................................................................................... 3
Sec. 20-3. Reserved..................................................................................................... 3
DArticle II. Office of Accountability and Transparency .................................................... 3
Sec. 20-4. Appointment, Qualification, and Removal of Director. ................................ 3
Sec. 20-5. OAT Staff ................................................................................................... 4
Sec. 20-6. Mandatory Oversight by the OAT............................................................... 5
Sec. 20-7. Discretionary Oversight by the OAT ........................................................... 6
Sec. 20-8. Public Reporting by the OAT...................................................................... 6
Sec.20-9. Confidentiality ............................................................................................. 7
Sec. 20-10. Internal Investigations .............................................................................. 7
Sec. 20-11. Role of the OAT in the Disciplinary Process. ........................................... 8
Sec. 20-12. OAT Access to Records and Other Items ................................................ 8
Sec. 20-13. Response to OAT Recommendations. ...................................................... 9
Article III. RESERVED.................................................................................................. 9
Article IV. Miscellaneous .............................................................................................. 9
2 Ordinance G-_______
Page 385
Sec. 20-25. Definitions. ................................................................................................ 9
Sec. 20-26. Retaliation prohibited ............................................................................. 10
Chapter 20. OFFICE OF ACCOUNTABILITY AND TRANSPARENCY
Article I. Creation of Civilian Review
Sec. 20-1. Office of Accountability and Transparency Created.
A. The Office of Accountability and Transparency (the “OAT” or "Director” - see
definitions) for the City of Phoenix shall consist of a full-time Director with
appropriate professional and support staff.
B. The Director shall have such staff and budget as the city council may prescribe.
The Director shall appoint all other staff of the OAT. The appropriations to pay for
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the expenses of the OAT during each fiscal year shall be determined by the City
Council as part of the annual City budget process.
C. The OAT shall take community complaints or commendations, establish procedures
for receiving anonymous complaints, conduct outreach with the community, support
services to impacted community members, monitor or participate in some
T
investigations of the Department; make recommendations to the Police Chief
regarding administrative action, including possible discipline for the Department;
make recommendations regarding policy issues; assist with mediation to resolve
disputes; administer a youth outreach program; and address other issues of
concern to the community. The scope of all OAT actions must relate to the
Department, as outlined in this Chapter.
D. The OAT shall establish standards of professional conduct and a comprehensive
training program for its staff to monitor or participate in investigations of allegations
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or inquiries received against the Department.
Sec. 20-2. Reserved.
Sec. 20-3. Reserved.
D
Article II. Office of Accountability and Transparency
Sec. 20-4. Appointment, Qualification, and Removal of Director.
A. The City Manager shall direct the recruitment for the Director with the
B.
assistance of Human Resources or other entity designated by the City Manager.
The Director shall serve at the pleasure of the City Manager. Prior to removal
of the Director, the City Manager shall consult with the Civilian Review Board
(“Board”) in Executive session regarding the intention to remove the Director.
However, the City Manager may take any personnel action, including
administrative leave or termination, if determined in the best interests of the City,
in the City Manager’s sole discretion.
3 Ordinance G-_______
Page 386
Sec. 20-5. OAT Staff
A. The Director and all staff shall be committed to implementing the provisions of
this chapter in an honest, independent and impartial fashion and to upholding
public confidence in the integrity of the OAT. OAT staff must strive to avoid all
potential conflicts and the appearance of impropriety. Therefore, the City will
take into consideration evidence of bias for or against Department, and other
experience, in the hiring process.
B. The Director shall hire OAT staff who shall work under the Director’s
supervision.
C. OAT staff are employees of the City of Phoenix and must follow the City
personnel rules.
D.
E.
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Neither the Director nor any employees in the OAT’s office, nor their
immediate family members, shall have formerly been employees of any law
enforcement agency.
The Director will hire one or more attorneys as staff to advise and represent
the OAT with respect to its work, provided:
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1. any such attorney is admitted to the bar of the State of Arizona; and
2. any such attorney must not provide legal advice or representation to any
department or function of the City of Phoenix other than the OAT; and
3. All financial, personnel and administrative functions of any such attorney
shall be under the jurisdiction of the City Manager or Director and shall not
be under the jurisdiction of the City Attorney; and
4. Any such attorney cannot have personally participated in a lawsuit against
the City of Phoenix or Department within the past ten years.
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F. To retain outside legal counsel to advise and represent the OAT with respect to
its work, provided:
1. Counsel is retained pursuant to the standard terms of engagement then
used by the City Attorney, including any limitations on fees or costs; and
2. the costs of such representation are paid from the budget of the OAT and
D not from the budget of the City Attorney; and
3. the Director provides the City Attorney with notice of the engagement,
including the firm selected and a copy of the engagement agreement; and
4. in no situation may the OAT use staff counsel or outside counsel in
litigation by the Director or OAT against the City.
G. Nothing in the preceding provisions shall be construed to alter the authority of
the City Council or the City Attorney with regard to the defense of claims against
the City or individual City defendants, the settlement of monetary or other claims
against the City or individual City defendants, or any other powers or duties of
the City Attorney.
4 Ordinance G-_______
Page 387
Sec. 20-6. Mandatory Oversight by the OAT
A. The OAT shall monitor or participate in any administrative investigation of the
incidents set forth below when the investigation is conducted by the Department.
The OAT will not participate in criminal investigations.
B. If the Department investigates any incidents set forth below, the OAT shall
monitor or participate in the investigation:
1. Any shooting involving uniformed personnel, whether duty related or not;
2. Any in-custody death;
3. Any duty-related incident during which, or as a result of which, anyone
dies or suffers serious bodily injury as that term is defined in A.R.S. § 13-
105(39), as it may be amended from time to time; and
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4. The OAT shall also monitor or participate in the below investigations.
However, if no criminal charges are filed subsequent to an investigation, or
such criminal charges are dismissed, the OAT shall have the discretion to
monitor or participate in any internal investigation arising from the subject
incidents:
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a. Any incident, whether or not duty-related, in which police department
uniformed personnel is under investigation for, or charged with, any crime
set forth in A.R.S. tit. 13, Chapters 11, 12, 13 and 14 (offenses against the
person, which includes homicide, assault, kidnapping, and unlawful sexual
behavior) as they may be amended from time to time; or
b. Any incident, whether or not duty-related, in which police department
uniformed personnel is under investigation for, or charged by, any
jurisdiction with a misdemeanor or local law violation in which a use of force
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C.
(defined as assaulting, beating, striking, fighting, or inflicting violence on a
person) or threatened use of force is an element of the offense.
In addition, the OAT shall monitor or participate in any other internal
investigation of possible misconduct by uniformed personnel when requested to
do so by the City Manager. The Board or City Manager shall advise the OAT of
D D.
the reasons why the Board or the City Manager believes the OAT should
monitor or participate in the investigation.
The OAT may also make any recommendations to the City Manager or Police
Chief regarding the sufficiency of the investigation, determinations as to whether
department rules or policies have been violated, and the appropriateness of
disciplinary sanctions, if any.
E. The Department shall as soon as practicable, notify the OAT upon becoming
aware of:
1. An incident described in subsection B, or
5 Ordinance G-_______
Page 388
2. An incident, whether or not duty-related, in which a police department
uniformed personnel is under investigation for, or charged by, a jurisdiction
with a misdemeanor or felony.
Sec. 20-7. Discretionary Oversight by the OAT
A. The OAT shall have the discretion to monitor or participate in any internal Police
Department investigation of any civilian or employee complaint
B. The OAT shall also have the discretion to monitor or participate in any internal
investigation by the Department which the OAT, the City Manager or the Board
recommends as in the City's best interest for the OAT to be involved.
C. Upon exercising discretion to monitor or participate in an investigation identified
in subsection A or B, the OAT shall immediately notify the following parties of the
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investigation:
1.
2.
3.
The Board,
the Police Chief, and
the City Manager.
T
Sec. 20-8. Public Reporting by the OAT
A. No later than March 15 of each year, the OAT shall submit an annual public
report to the City Manager and the Board:
1. setting forth the work of the OAT during the prior calendar year;
2. identifying trends regarding complaints, investigations, and discipline of police
R including, but without identifying specific persons:
a. information regarding uniformed personnel who were the subject of multiple
complaints,
b. complainants who filed multiple complaints, and
D c. issues that were raised by multiple complaints; and
3. making recommendations regarding the sufficiency of investigations and the
appropriateness of disciplinary actions, if any
4. recommendations for changes to policies, rules, and training, and
5. policy rules or training revisions implemented by the Department.
B. The report shall present information in statistical and summary form, without
identifying specific persons, except to the extent that incidents involving specific
persons have otherwise been made public by the City of Phoenix.
C. In addition to the annual report, the OAT shall publish a quarterly status report,
which shall be available to the public and which shall include, among other things,
6 Ordinance G-_______
Page 389
patterns relating to complaints and recommendations regarding the sufficiency of
investigations and determinations as to whether department rules and policies have
been violated.
D. Based upon an analysis of reports and other information available to the OAT, the
OAT shall make timely recommendations to the Police Chief and the City Manager.
E. The OAT has the discretion to publish additional public reports throughout the year
about matters within the duties of the OAT.
Sec.20-9. Confidentiality
A. The OAT, its staff, the Board, and all consultants and experts hired by the OAT
shall treat all documents and information regarding specific investigations or
officers as confidential except to the extent needed to carry out their duties.
AF
B. The Director shall not discuss with any person or group, including the members of
the Board, the status of any criminal investigation, other than the fact that a
criminal investigation has not been completed and any anticipated date by which a
criminal investigation may be completed.
T
C. The Director, the Board, and all persons who participate in the Police's
investigative and disciplinary processes are part of the City's deliberative process
regarding investigative and disciplinary procedures for personnel. Furthermore, all
deliberations and recommendations learned by any of those persons or groups
during the exercise of their duties shall be protected from disclosure to the extent
allowable by law.
Sec. 20-10. Internal Investigations
R
A. The Department shall cooperate with the OAT in monitoring or participating in
internal investigations, including being present to monitor or participate in
interviews of witnesses and persons under internal investigation. The Department
shall establish departmental policies regarding that cooperation. The policies shall
ensure that the Department provides the OAT with reasonable notice of and
D opportunity to attend interviews, the opportunity to make recommendations
regarding investigations, and reasonable timeframes to complete the steps in the
internal investigatory process.
B. For any investigation that it monitors or participates, the OAT shall review the
investigation to ensure that it is thorough and complete.
C. If the OAT cannot certify that the investigation is thorough and complete, the
OAT may recommend that the Department conduct additional investigation. The
OAT must be specific in outlining issues it has with the investigation.
D. If the Department does not complete the additional investigation to the
satisfaction of the OAT, the OAT may write a separate recommendation to the
Police Chief and City Manager, which is only advisory.
7 Ordinance G-_______
Page 390
Sec. 20-11. Role of the OAT in the Disciplinary Process.
A. The Department shall cooperate with the OAT in monitoring the disciplinary
process. The Department shall establish departmental policies regarding that
cooperation. The policies shall ensure that the Department provide the OAT with
reasonable notice and opportunity to:
1. Receive notice and opportunity to comment prior to entering agreements,
whether written or oral, resulting in the closure of internal investigations or
the disciplinary process;
2. Make recommendations regarding determinations as to whether
department rules or policies have been violated;
3. Make recommendations regarding the appropriateness of disciplinary
AF
sanctions, if any;
4. Furthermore, the policies shall provide for reasonable time frames to
complete the steps in the disciplinary process consistent with Arizona law.
T
Sec. 20-12. OAT Access to Records and Other Items
A. The Department and all City employees shall fully cooperate with the OAT by
providing the OAT, within a reasonable amount of time, complete access to
records, information, documents, files, reports, evidence, databases, and all
other items, whether in paper, electronic, or other form, that the OAT requests in
order to perform its duties set forth in the provisions of this Chapter, but not
including documents protected by the attorney-client privilege or the attorney
work product privilege or any document that must not be disclosed to the OAT
R
B.
pursuant to federal, state, or local law or federal or state regulation.
If, in response to a request from the OAT, records, and information cannot be
produced at all or produced within a reasonable amount of time, a written
explanation, sufficiently detailed for an understanding of why the records or
documents cannot be produced, shall be promptly provided. The OAT shall not
D be required to pay for copies of the materials set forth in this section, including
copies of documents previously supplied by the departments, provided that the
OAT may not use those departments as a printing service to make multiple
copies of individual documents.
C. The Department shall provide the OAT with an opportunity to participate in any
committee or working groups involving external stakeholders convened to draft
or revise policies or practices concerning matters within the OAT’s authority.
D. The Department shall provide the OAT with reasonable notice and an
opportunity to make recommendations before implementing an existing or
adopting a new substantive policy or practice concerning matters within the
OAT’s authority. When a policy or practice necessitates an immediate revision
8 Ordinance G-_______
Page 391
or implementation due to a change in the law, the OAT will be notified as soon
as practicable about the change.
E. If the OAT receives or is in possession of evidence or vital information pertaining
to a case under investigation, it must give or communicate that evidence or
information to the Department promptly. Evidence must be in the exact same
condition that it was received.
Sec. 20-13. Response to OAT Recommendations.
A. The OAT shall make recommendations to the Department about matters within
the OAT’s authority. If requested by the OAT in writing, the Department shall
respond in writing within thirty days and shall specify:
1. Either agreement with recommendations or specific reasons for
disagreement with recommendations;
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2. Plans for implementing solutions to issues identified; and
3. A timetable to complete such activities.
B. Recommendations made by the OAT and any responses shall be open to
inspection except as otherwise not subject to disclosure under state, federal, or
T
local law or regulation.
C. The City Manager may act as an arbiter between the OAT and Department.
Article III. RESERVED
Sec. 20-14 to Sec. 20-24 – RESERVED.
R
Article IV. Miscellaneous
Sec. 20-25. Definitions.
D A. City Manager means the City of Phoenix City Manager or designee.
B. Director means the head of the Office of Accountability and Transparency, or
designee.
C. OAT means the Office of Accountability and Transparency and its staff.
D. Police Chief means the Chief of the City of Phoenix Police Department, or
designee
E. Department means the City of Phoenix Police Department and any police
department uniformed personnel.
9 Ordinance G-_______
Page 392
Sec. 20-26. Retaliation prohibited
A. No person shall retaliate against, punish, intimidate, discourage, threaten or
penalize any other person for reporting misconduct, making a misconduct
complaint, conducting an investigation, complaining to officials, providing
information, testimony or documents in an investigation or cooperating with or
assisting the OAT in the performance of its powers and duties as set forth in this
chapter.
B. Any employee who violates this provision shall be subject to appropriate
disciplinary action, up to and including termination from employment.
C. The remedies specified herein are cumulative and the City Manager, or the
City Attorney, may proceed under these or any other remedies authorized by
law. In addition to any other authorized remedies, a person who violates any
D.
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provision of this section shall be guilty of a misdemeanor. Each day
of violation may be a separate offense.
The OAT shall develop specialized processes to intake and investigate
complaints made by officers within the Department that prefer to remain
anonymous. The OAT shall recommend to the City Manager processes to
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protect potential whistleblowers or informers.
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D
10 Ordinance G-_______
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SECTION 2. The provisions of this Ordinance shall be effective thirty days
from approval by the City Council.
PASSED by the City Council of the City of Phoenix this ___ day of
_______ 2021.
_________________________________
MAYOR
ATTEST:
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Denise Archibald, City Clerk
APPROVED AS TO FORM:
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Cris Meyer, City Attorney
_____________________________
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REVIEWED BY:
D
Ed Zuercher, City Manager
11 Ordinance G-_______
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Item text
Declaration Regarding Face Coverings
Request to revise the Phoenix City Council June 18, 2020, Declaration Regarding
Face Coverings to follow newly published guidance from the Centers for Disease
Control and Prevention regarding the wearing of face coverings for fully vaccinated
persons.
Summary
On May 13, 2021 and May 16, 2021, the CDC issued guidance recommending that
fully vaccinated persons do not have to wear face coverings, except under certain
circumstances, such as in health care settings, traveling, detention facilities, on public
transportation, or at a homeless shelter. The guidance also states that persons must
comply with business rules and any other federal, state or local regulations. The
guidelines recommend vaccination, and that those who are have weakened immunity,
or take certain medications, should consult with their doctors.
The City desires to follow CDC guidelines issued on May 16, 2021, and for the City’s
Declaration to automatically follow any subsequent CDC guidance regarding face
coverings. The guidance allows local rules, and the City Manager will continue to have
authority to establish rules and procedures for City buildings and employees. The City
will also continue to follow federal travel restrictions for buses, light rail, airlines and
other public transportation from the Federal Aviation Administration and U.S.
Department of Transportation.
Concurrence/Previous Council Action
The City Council approved the Declaration Regarding Face Coverings on June 18,
2020, which relates to emergency action in response to the COVID-19 pandemic.
Responsible Department
This item is submitted by City Manager Ed Zuercher and the Law Department.
Page 395
Attachment A
Page 396
Attachment B
AMENDED DECLARATION OF PHOENIX CITY COUNCIL
REGARDING FACE COVERINGS
WHEREAS, on the March 20th, 2020, after due consideration and
deliberation, the City Council determined to declare a local emergency
under the authority of Phoenix City Code, section 11-3; and
WHEREAS, Phoenix City Code, section 11-3 provides that the
amend, and rescind regulations necessary for emergency
management; and
WHEREAS, on March 11, 2020, the Governor of the State of
Arizona, Douglas A. Ducey, determined that the COVID-19 outbreak
presents conditions in Arizona that justified his declaration of a State of
Emergency; and
WHEREAS, the City has continued to seek health guidance
which best serve the residents of the City of Phoenix in responding
to the evolving pandemic situation; and
WHEREAS, the Center of Disease Control (CDC) issued updated
guidance on May 13, 2021 and on May 16, 2021, that fully vaccinated
people do not need to wear a mask or physically distance in many
settings, except on public transportation, and for detention facilities and
homeless shelters; and
WHEREAS, health officials recommend a majority of the public
be vaccinated to help control the spread of the virus; and
Page 397
NOW, THEREFORE, BE IT DECLARED BY THE COUNCIL OF
THE CITY OF PHOENIX as follows:
SECTION 1. The City will follow CDC guidance, and therefore
amends the Declaration of the Phoenix City Council Regarding Face
Coverings, effective on June 19, 2020, to comply with the May 16, 2021
CDC guidance for people who are fully vaccinated. The City’s Declaration
regarding the wearing of face coverings shall hereafter automatically be
adjusted in accordance with current CDC guidance, as it is issued, regarding
the wearing of face coverings.
SECTION 2. The City will continue to follow federal guidance for
transportation, from the Federal Aviation Administration and U.S.
Department of Transportation regulations on public transportation, by
policies and guidelines that the City Manager may issue for the airport,
buses, and other public transportation.
SECTION 3. Exceptions for face coverings will continue to be made
under the following circumstances:
• for those who fall into the Centers for Disease Control and
Prevention’s guidance for those who should not wear face
coverings due to a medical condition, mental health condition,
developmental disability, or are otherwise covered under the
Americans with Disabilities Act; or
• for children under 6 years old; or
• for people whose religious beliefs prevent them from wearing a
face covering; or
• for restaurant patrons while they are dining; or
• for individuals exercising outdoors or while walking or exercising
with other people from the same household, if social distancing
from others who are not your family or household members can be
maintained; or
• for engaging in organized group or team sports, exercise, or other
physical activities where it is not practicable or feasible to wear a
mask or socially distance; or
• in settings where it is not practical or feasible to wear a face
covering, including when obtaining or rendering goods or services,
such as the receipt of dental services or medical treatments.
Page 398
SECTION 4. The Phoenix City Council has determined that the
orders and advisories included in this Declaration are necessary to preserve
the peace and order of the City of Phoenix, and to protect life and property
and to promote and preserve public safety and welfare.
SECTION 5. Businesses may continue to set policies regarding face
coverings applicable to their own employees or customers.
SECTION 6. The Phoenix City Council orders that enforcement of
this Declaration shall continue to be administered by education and an
opportunity for compliance, followed by a warning, and a civil citation, only
if necessary.
SECTION 7. The City Manager shall provide all necessary
assistance in executing City Council’s Declaration, and amend policies or
procedures as needed and to the extent required, within the City Manager’s
discretion for public buildings, or public City facilities, and City employees.
PASSED by the City Council of the City of Phoenix this 19th day of
May 2021, and effective immediately.
______________________________
Mayor of the City of Phoenix
ATTEST:
_________________________
City Clerk
APPROVED AS TO FORM:
________________________
City Attorney
Page 399
REVIEWED BY:
________________________
City Manager
Page 400
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