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Meeting City Council Formal Meeting-2/15/2023 complete

2023-02-15 · Formal

Items: 66

City Council Formal Meeting

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Item text
Summary
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.




Page 11
ATTACHMENT A




To: City Council Date: February 15, 2023
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 Commission

I recommend the following for appointment:

Toni Broberg
Ms. Broberg is the State President for Arizona and New Mexico at AT&T and a resident
of District 6. She fills a vacancy for a term to expire November 19, 2024.

Board of Adjustment

I recommend the following for appointment:

Michelle Dodds
Ms. Dodds formerly served as the City of Phoenix Historic Preservation Officer and is a
resident of District 4. She replaces Gail Knight and will fulfill her term to expire May 2,
2024.

Central City Village Planning Committee

Councilmember Carlos Garcia recommends the following for appointment:

Jordan Greenman
Mr. Greenman is a Land Use Attorney at Greenman Law and a resident of District 7. He
replaces Will Gaona for a term to expire November 19, 2024.

Fast Track Cities Ad Hoc Committee




Page 12
I recommend the following for appointment:

Mike Fornelli
Mr. Fornelli is the Executive Director of Phoenix Pride.

Kate Thomas
Ms. Thomas is an Ending the HIV Epidemic Senior Health Educator at Maricopa County
Public Health. She replaces Keith Thompson.

Fire Safety Advisory Board

I recommend the following for appointment:

Steven Kohne
Mr. Kohne is the Fire Marshal at Banner Health. He represents the Health Care Industry
and will serve a term to expire February 15, 2027.

Historic Preservation Commission

I recommend the following for reappointment:

Daniel Klocke
Mr. Klocke will serve his third term to expire December 14, 2025.

Keely Varvel Hartsell
Ms. Varvel Hartsell will serve her first full term to expire January 25, 2026.

Laveen Village Planning Committee

Vice Mayor Yassamin Ansari recommends the following for appointment:

Patrick Nasser-Taylor
Mr. Nasser-Taylor is the Chief Executive Officer of New Haven Communities, LLC and a
resident of District 8. He fills a vacancy for a partial term to expire November 19, 2023.




Page 13



Report

Supporting documents

No supporting documents stored.


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Item text
Liquor License - Sauce Pizza & Wine

Request for a liquor license. Arizona State License Application 223794.

Summary

Applicant
Amy Nations, Agent

License Type
Series 12 - Restaurant

Location
2470 W. Happy Valley Road, Ste. 1193
Zoning Classification: C-2 M-R PCD
Council District: 1

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 Feb. 26, 2023.

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.


Page 14


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:
“BBQ-Holdings Inc., the new owner of Sauce Pizza & Wine holds many restaurants
with liquor licenses throughout Arizona and the United States. They have been very
successful in operating these types of businesses. The staff will attend state certified
liquor training to ensure compliance with all liquor laws.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Sauce Pizza & Wine has been in the business for many years with liquor licenses and
has become one of the best restaurants in the area for local residents. The utmost
care is put into crafting the perfect made from scratch meal that anyone in the
neighborhood can enjoy.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Sauce Pizza & Wine
Liquor License Map - Sauce Pizza & Wine

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




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Report

Supporting documents

No supporting documents stored.


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Item text
Liquor License - Sauce Pizza & Wine

Request for a liquor license. Arizona State License Application 223801.

Summary

Applicant
Amy Nations, Agent

License Type
Series 12 - Restaurant

Location
14418 N. Scottsdale Road, Ste. 181
Zoning Classification: C-2 PCD
Council District: 2

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 Feb. 26, 2023.

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.


Page 18


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:
“BBQ-Holdings Inc., the new owner of Sauce Pizza & Wine holds many restaurants
with liquor licenses throughout Arizona and the United States. They have been very
Successful in operating these type of businesses. The staff will attend state certified
liquor training to ensure compliance with all liquor laws.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Sauce Pizza & Wine has been in business for many years with liquor licenses and
has become one of the best restaurants in the area for local residents. The utmost
care is put into crafting the perfect made from scratch meal that everyone in the
neighborhood can enjoy.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Sauce Pizza & Wine
Liquor License Map - Sauce Pizza & Wine

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 19
Liquor License Data: SAUCE PIZZA & WINE
Liquor License

Description Series 1 Mile 1/2 Mile

Producer 1 1 0

Wholesaler 4 6 4

Bar 6 2 1

Beer and Wine Bar 7 5 2

Liquor Store 9 3 0

Beer and Wine Store 10 9 3

Hotel 11 2 0

Restaurant 12 54 27

Craft Distiller 18 1 1



Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 57.02 15.31 26.96

Violent Crimes 10.91 0.92 1.27
*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 51 9

Total Violations 90 14




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Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1032072 1401 93 % 2% 0%

1032191 834 44 % 30 % 13 %

1032201 1364 95 % 15 % 3%

1032202 513 51 % 32 % 4%

1032203 1161 0% 16 % 7%

2168161 1812 95 % 0% 4%

Average 61 % 13 % 19 %




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Liquor License Map: SAUCE PIZZA & WINE
14418 N SCOTTSDALE RD




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Date: 12/30/2022
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City Clerk Department
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Report

Supporting documents

No supporting documents stored.


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Item text
Liquor License - Special Event - 7th Avenue Merchants Association Inc.

Request for a Series 15 - Special Event liquor license for the temporary sale of all
liquors.

Summary

Applicant
William Moore

Location
4221 N. 7th Ave.
Council District: 4

Function
Street Fair

Date(s) - Time(s) / Expected Attendance
March 4, 2023 - 11 a.m. to 5 p.m. / 15,000 attendees

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




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Report

Supporting documents

No supporting documents stored.


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Item text
Liquor License - Gus's World Famous Fried Chicken

Request for a liquor license. Arizona State License Application 223281.

Summary

Applicant
Andrea Lewkowitz, Agent

License Type
Series 12 - Restaurant

Location
4515 N. 16th St., Ste. 300
Zoning Classification: C-2
Council District: 4

This request is for a new liquor license for a restaurant. This location was not
previously licensed for liquor sales and does not have an interim permit.

The 60-day limit for processing this application is Feb. 21, 2023.

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 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


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Phoenix, the number of aggregate calls for police service within the last 12 months for
the address listed.

Gus's World Famous Fried Chicken (Series 12)
345 W. Van Buren St., #C, Phoenix
Calls for police service: 10
Liquor license violations: None

Gus's World Famous Fried Chicken (Series 12)
212 W. Main St., #C, Mesa
Calls for police service: not in Phoenix
Liquor license violations: None

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 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:
“Gus's World Famous Fried Chicken plans to open its second location in the Phoenix
area. Famous for its fried chicken since 1953. Applicant would like to offer guests 21
and over the opportunity to purchase alcoholic beverages as an incident to the meals
they enjoy.”

Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.

Attachments
Liquor License Data - Gus's World Famous Fried Chicken
Liquor License Map - Gus's World Famous Fried Chicken


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Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




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Report

Supporting documents

No supporting documents stored.


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Item text
Liquor License - Sauce Pizza & Wine

Request for a liquor license. Arizona State License Application 223783.

Summary

Applicant
Amy Nations, Agent

License Type
Series 12 - Restaurant

Location
25 E. Camelback Road
Zoning Classification: C-2 TOD-1
Council District: 4

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 Feb. 26, 2023.

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.


Page 30


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:
“BBQ-Holdings Inc., the new owner of Sauce Pizza & Wine holds many restaurants
with liquor licenses throughout Arizona and the United States. They have been very
successful in operating these types of businesses. The staff will attend state certified
liquor training to ensure compliance with all liquor laws.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Sauce Pizza & Wine has been in business for many years with liquor licenses and
has become on of the best restaurants in the area for local residents. The utmost care
is put into crafting the perfect made from scratch meal that anyone in the
neighborhood can enjoy.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Sauce Pizza & Wine
Liquor License Map - Sauce Pizza & Wine

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 31
Liquor License Data: SAUCE PIZZA & WINE
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 1 1

Bar 6 14 3

Beer and Wine Bar 7 11 10

Liquor Store 9 6 2

Beer and Wine Store 10 9 1

Restaurant 12 54 24


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 57.02 139.22 138.32

Violent Crimes 10.91 23.14 21.97
*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 51 53

Total Violations 90 99




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Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1075001 758 80 % 2% 3%

1075003 1599 46 % 15 % 14 %

1076013 1748 38 % 8% 17 %

1086023 650 23 % 34 % 15 %

1088021 1456 23 % 32 % 31 %

1088022 435 43 % 41 % 19 %

1171001 2126 10 % 15 % 10 %

1171002 703 57 % 27 % 12 %

Average 61 % 13 % 19 %




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Liquor License Map: SAUCE PIZZA & WINE
25 E CAMELBACK RD




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Date: 1/3/2023
0 0.2 0.4 0.8 1.2 1.6
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City Clerk Department
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Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Liquor License - Biltmore Chevron

Request for a liquor license. Arizona State License Application 224259.

Summary

Applicant
Jeffrey Miller, Agent

License Type
Series 10 - Beer and Wine Store

Location
7001 N. 16th St.
Zoning Classification: C-2
Council District: 6

This request is for a new liquor license for a convenience store that sells 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 Feb. 28, 2023.

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.

Page 35




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:
“We will continue to abide by Title 4 liquor laws and ensure staff is trained.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“This location was previously licensed and has been operating for a few years. We
would like to continue to serve our guests with a place to get gas and come inside and
grab their snacks and drinks.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Biltmore Chevron
Liquor License Map - Biltmore Chevron

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 36
Liquor License Data: BILTMORE CHEVRON
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 2 1

Beer and Wine Bar 7 2 0

Liquor Store 9 2 1

Beer and Wine Store 10 6 2

Restaurant 12 16 4

Club 14 2 0


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 57.62 68.25 60.93

Violent Crimes 11.03 7.37 4.88
*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 51 46

Total Violations 90 83




Page 37
Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1051022 1655 87 % 8% 3%

1051024 525 49 % 14 % 10 %

1063002 1099 67 % 24 % 17 %

1064001 715 84 % 23 % 9%

1064002 2049 31 % 16 % 9%

1065022 1027 85 % 14 % 4%

Average 61 % 13 % 19 %




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Liquor License Map: BILTMORE CHEVRON
7001 N 16TH ST




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Date: 1/4/2023
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City Clerk Department
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Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Liquor License - Sauce Pizza & Wine

Request for a liquor license. Arizona State License Application 223796.

Summary

Applicant
Amy Nations, Agent

License Type
Series 12 - Restaurant

Location
742 E. Glendale Ave., Ste. 126
Zoning Classification: C-2
Council District: 6

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 Feb. 26, 2023.

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.


Page 40


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:
“BBQ-Holdings Inc., the new owner of Sauce Pizza & Wine holds many restaurants
with liquor licenses throughout Arizona and the United States. They have been very
successful in operating these type of businesses. The staff will attend state certified
liquor training to ensure compliance with all liquor laws.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Sauce Pizza & Wine has been in business for many years with liquor licenses and
has become one of the best restaurants in the area for local residents. The utmost
care is put into crafting the perfect made from scratch meal that everyone in the
neighborhood can enjoy.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Sauce Pizza & Wine
Liquor License Map - Sauce Pizza & Wine

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 41
Liquor License Data: SAUCE PIZZA & WINE
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 1 1

Beer and Wine Bar 7 2 1

Liquor Store 9 3 1

Beer and Wine Store 10 5 2

Restaurant 12 16 3

Club 14 2 0


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 57.02 68.78 75.47

Violent Crimes 10.91 6.97 5.09
*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 51 70

Total Violations 90 124




Page 42
Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1062002 1751 97 % 6% 1%

1063002 1099 67 % 24 % 17 %

1063003 1910 50 % 11 % 42 %

1063004 1060 59 % 22 % 20 %

1065011 1458 63 % 8% 10 %

1065022 1027 85 % 14 % 4%

1066002 2064 83 % 7% 5%

Average 61 % 13 % 19 %




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Liquor License Map: SAUCE PIZZA & WINE
742 E GLENDALE AVE




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Date: 1/3/2023
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City Clerk Department
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Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Liquor License - Special Event - Phoenix Pride Incorporated

Request for a Series 15 - Special Event liquor license for the temporary sale of all
liquors.

Summary

Applicant
Aimee Meredith

Location
115 N. 6th St.
Council District: 8

Function
Annual Rainbow Festival

Date(s) - Time(s) / Expected Attendance
April 1, 2023 - 10 a.m. to 6 p.m. / 8,000 attendees
April 2, 2023 - 10 a.m. to 6 p.m. / 8,000 attendees

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 45



Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Liquor License - Phoenix Public House

Request for a liquor license. Arizona State License Application 223458.

Summary

Applicant
Dennis Rajda, Agent

License Type
Series 10 - Beer and Wine Store

Location
3300 E. Sky Harbor Blvd., T3, Space R5
Zoning Classification: A-1
Council District: 8

This request is for a new liquor license for a convenience market. This location was not
previously licensed for liquor sales and does not have an interim permit.

The 60-day limit for processing this application is Feb. 28, 2023.

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
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


Page 46

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.

AZCentral.com (Series 10)
3800 E. Sky Harbor Blvd., T4 Space R-22, Phoenix
Calls for police service: 1,788
Liquor license violations: None

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 have worked for Stellar Partners, Inc. for approximately five years; first as an
General Manager and now as an Operations Manager.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Phoenix Public Market will provide airport travelers the opportunity to purchase gifts
and souvenirs of bottles of national and regional craft beer and wine.”

Staff Recommendation
Staff recommends approval of this application noting the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.

Attachments
Liquor License Data - Phoenix Public House
Liquor License Map - Phoenix Public House

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 47
Liquor License Data: PHOENIX PUBLIC HOUSE
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 1 0

Bar 6 3 0

Beer and Wine Bar 7 1 1

Conveyance 8 10 6

Beer and Wine Store 10 2 0

Restaurant 12 20 7

Club 14 4 3


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 57.62 50.92 85.56

Violent Crimes 11.03 2.46 1.80
*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 51 0

Total Violations 90 0


Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1138021 0 0% 0% 0%

Average 61 % 13 % 19 %




Page 48
Liquor License Map: PHOENIX PUBLIC HOUSE
3300 E SKY HARBOR BLVD




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Date: 1/4/2023
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City Clerk Department
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Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Liquor License - 1 Stop Market

Request for a liquor license. Arizona State License Application 223709.

Summary

Applicant
Najman Najman, Agent

License Type
Series 10 - Beer and Wine Store

Location
610 W. Dunlap Ave.
Zoning Classification: C-1
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 is Feb. 20, 2023.

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
The ownership of this business has an interest in other active liquor license(s) in the


Page 50

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.

Naj & Eddies Tobacco (Series 10)
3338 N. 19th Ave., Phoenix
Calls for police service: 11
Liquor license violations: None

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 currently have a similar store in phoenix that I currently run responsibly.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“I am a responsible business owner in phoenix. I currently run a very similar business
within phoenix and have had zero negative marks on my liquor license. I think it is very
important that phoenix only approves business owners that are responsible and have
shown they can run businesses such as this one to benefit the communitty.”

Staff Recommendation
Staff recommends disapproval of this application based on a Finance Department
recommendation for disapproval. Staff also notes that the applicant must resolve any
pending City of Phoenix building and zoning requirements, and be in compliance with
the City of Phoenix Code and Ordinances.

Attachments
Liquor License Data - 1 Stop Market
Liquor License Map - 1 Stop Market

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.


Page 51
Liquor License Data: 1 STOP MARKET
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 1 0

Beer and Wine Bar 7 1 0

Liquor Store 9 5 1

Beer and Wine Store 10 7 6

Restaurant 12 8 4

Club 14 1 1


Crime Data

Description Average * 1 Mile Average ** 1/2 Mile Average***

Property Crimes 57.02 100.39 92.88

Violent Crimes 10.91 25.05 22.50
*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 51 92

Total Violations 90 168




Page 52
Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1045011 795 78 % 7% 18 %

1045013 1204 7% 29 % 48 %

1045021 2058 40 % 14 % 50 %

1046001 1767 43 % 21 % 27 %

1046002 1676 20 % 20 % 39 %

1046003 1165 68 % 20 % 35 %

1053002 1704 34 % 25 % 42 %

1053003 1205 96 % 9% 0%

1054001 1427 100 % 3% 4%

1054002 981 85 % 7% 5%

Average 61 % 13 % 19 %




Page 53
Liquor License Map: 1 STOP MARKET
610 W DUNLAP AVE




Ü
Date: 12/27/2022
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 54




PAYMENT ORDINANCE (Ordinance S-49401) (Items 12-18)
Ordinance S-49401 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.

12 Arizona State University
For $94,000 in payment authority to enter into a contract with Arizona
State University to provide an updated Economic Impact Study ("Study")
for Phoenix Sky Harbor International Airport (PHX). The Study will include
the economic impacts of PHX, Phoenix Deer Valley Airport (DVT), and
Phoenix Goodyear Airport (GYR) (collectively referred to as "Phoenix
Airport System") and the international flights served at PHX. The last
Study update was completed in 2017. The new Study will address the
direct, indirect, and induced impact of the Phoenix Airport System on the
Phoenix Metropolitan Area economy. The term of the agreement will be
effective for 18 months.

13 Maricopa County Community College District
For $120,000 in payment authority to pay Maricopa County Community
College District (MCCCD) to provide paramedic training to Phoenix Fire
paramedics for the Fire Department. The Fire Department has a critical
need for 400 trained paramedics over the next four years to meet the
community’s needs and increasing calls for service. The department
explored additional opportunities to supplement its existing internal
training program and the option to enter into agreement with MCCCD was
examined. Through a partnership and collaboration to create this process,
the first semester of training has been completed and the spring


Page 55

semester has started. This process allows the Fire Department to
forecast that the need for 400 trained paramedics will be met in four
years. This partnership with MCCCD, coupled with the Fire Department’s
internal training program, will help the department meet the overall
objective.

The payment authority request for $120,000 is to pay for the Fall 2022
semester invoice, and additional funding for the Spring and Fall 2023
semesters until the agreement is finalized.

14 National Association of Housing and Redevelopment
Officials
For $17,230 in payment authority for the National Association of Housing
and Redevelopment Officials (NAHRO) annual membership for the
Housing Department. NAHRO provides important support through training,
advocacy, networking, and best practices. Membership ensures the City
is informed about proposed regulatory changes that may impact the
financial and operational sustainability of the City's Housing Department,
as well as legislative updates to keep staff informed in advance of action
being taken. The membership is paid by federal funds with no impact to
the General Fund.

15 Piper Power Plumbing & Mechanical, Inc.
For $13,875 in payment authority to pay Piper Power Plumbing &
Mechanical, Inc., for a backflow repair at the Fire Department Resource
Center for the Public Works Department. Backflow devices are utilized to
prevent drinking water from being contaminated with other sources.

16 United States Department of the Interior Bureau of Land
Management doing business as BLM
For $9,120 in payment authority for a right of way land lease necessary for
the ongoing right to use the Interior Bureau of Land Management (BLM)
and maintain underground water lines for the Water Services Department.
The contract term is from Jan. 1, 2023, to Dec. 31, 2023, for a vacant
parcel south of the Central Arizona Project Canal from 51st to 39th
avenues, for the 51st Avenue, State Route 74 to 37th Avenue Lake
Pleasant Water Treatment Plant Waterline Project AZA 032614 Water
Line T.5.R.2E.Sec # 1902454724.


Page 56


17 Salt River Valley Water Users Association
For $70,000 in additional payment authority for Contract 100353 for water
delivery and use agreement with the Salt River Valley Water Users
Association (Association) for water to be delivered by the Water Services
Department within the Salt River Reservoir District for Fiscal Year (FY)
2022-23. The water delivered to the City by the Association from the Salt
and Verde Rivers represents approximately 60 percent of the City's water
supply. The cost has gone up in FY 2022-23, and the increase of
$70,000 will add to the original request of $4,750,000.

18 Settlement of Claim(s) Heo v. City of Phoenix
To make payment of up to $35,000 in settlement of claim(s) in Heo v.
Department pursuant to Phoenix City Code Chapter 42. This is a
settlement for a bodily injury claim arising from a motor vehicle accident
on Aug. 8, 2021, involving the Parks and Recreation Department.




Page 57



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Item text
Proposed Dvhawk Annexation - Authorization to File

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 Clark Diepholz with Hawkeye Development, LLC 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 parcel 210-07-025A, located at 17th Avenue
and Alameda Road (Attachment A). The annexation area is approximately 2.4 acres
(0.0037 sq. mi.) and population estimate is zero individuals.

Council District(s): 1

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 58
ATTACHMENT A




0.0037




Page 59



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Item text
Proposed Newcomb Annexation - Authorization to File

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 Clark Diepholz with Hawkeye Development, LLC 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 parcel 210-07-006A and 210-07-032A, located
at 19th Avenue and Alameda Road (Attachment A). The annexation area is
approximately 4.68 acres (0.0073 sq. mi.) and population estimate is zero individuals.

Council District(s): 1

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 60
ATTACHMENT A




Page 61



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Proposed 35th Avenue and Elliot Road Annexation - Authorization to File

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 Brian Cameron 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 parcel 300-11-036H, located at 9512 S. 35th
Ave. (Attachment A). The annexation area is approximately 2.63 acres (0.0041 sq.
mi.) and population estimate is three individuals.

Council District(s): 8

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the City Clerk
Department.




Page 62
ATTACHMENT A




Page 63



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Acceptance and Dedication of Right-of-Way Abandoned by Arizona Department
of Transportation Resolution 2022-11-A-046 (Ordinance S-49402)

Request for the City Council to accept and dedicate to public use right-of-way
abandoned by Arizona Department of Transportation Resolution 2022-11-A-046;
further ordering the ordinance recorded.

Summary
The right-of-way is no longer needed by the Arizona Department of Transportation
(ADOT) for state transportation purposes, and the City will accept jurisdiction,
ownership, and maintenance responsibilities, subject to appurtenant, existing access
control, which shall remain intact and under ADOT control. Costs of the additional
maintenance are not significant.

A map depicting the right-of-way can be found in Exhibit A to be recorded with the
ordinance. The ADOT abandonment resolution was recorded with the Maricopa
County Recorder on Nov. 18, 2022, recording number 20220846916.

Location
East of State Route 51, along the north side of Sweetwater Avenue from 34th to 35th
streets, and the southwest corner of Sweetwater Avenue and 36th Street.
Council District: 3

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Street
Transportation and Finance departments.




Page 64



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Acceptance and Dedication of Right-of-Way Abandoned by Arizona Department
of Transportation Resolution 2022-12-A-048 (Ordinance S-49407)

Request for the City Council to accept and dedicate to public use right-of-way
abandoned by Arizona Department of Transportation Resolution 2022-12-A-048;
further ordering the ordinance recorded.

Summary
The right-of-way is no longer needed by the Arizona Department of Transportation
(ADOT) for state transportation purposes, and the City will accept jurisdiction,
ownership, and maintenance responsibilities, subject to appurtenant, existing access
control, which shall remain intact and under ADOT control. Costs of the additional
maintenance are not significant.

A map depicting the right-of-way can be found in Exhibit A to be recorded with the
ordinance. The ADOT Resolution was recorded with the Maricopa County Recorder on
Dec. 16, 2022, MCR 20220896075.

Location
Dunlap Road, east of Interstate-17.
Council District: 1

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Street
Transportation and Finance departments.




Page 65



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Acceptance and Dedication of Easements and Deeds for Public Utility, Roadway
and Sidewalk Purposes (Ordinance S-49409)

Request for the City Council to accept and dedicate easements and deeds for public
utility, roadway and sidewalk purposes; further ordering the ordinance recorded.

Summary
Accepting the property interests below meets the Planning and Development
Department's Single Instrument Dedication Process requirement prior to releasing any
permits to applicants.

Easement (a)
Applicant: North Valley Assembly of God, its successor and assigns
Purpose: Public Utility
Location: 28660 N. Black Canyon Highway
File: FN 220090
Council District: 1

Deed (b)
Applicant: North Valley Assembly of God, its successor and assigns
Purpose: Roadway
Location: 28660 N. Black Canyon Highway
File: FN 220090
Council District: 1

Easement (c)
Applicant: Northern Apartments Redevelopment, LLC, its successor and assigns
Purpose: Public Utility
Location: 3031 W. Northern Ave.
File: FN 220110
Council District: 2

Easement (d)
Applicant: Symmetry Real Estate Holdings, L.L.C., its successor and assigns
Purpose: Sidewalk


Page 66

Location: 118 W. Hatcher Road
File: FN 220107
Council District: 3

Deed (e)
Applicant: Symmetry Real Estate Holdings, L.L.C., its successor and assigns
Purpose: Roadway
Location: 118 W. Hatcher Road
File: FN 220107
Council District: 3

Easement (f )
Applicant: SRANA LLC, its successor and assigns
Purpose: Sidewalk
Location: 1902 W. Cactus Road
File: FN 220105
Council District: 3

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development and Finance departments.




Page 67



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Acceptance of Easements for Water, Sewer, Drainage and Vehicular Non-Access
Purposes (Ordinance S-49414)

Request for the City Council to accept easements for water, sewer, drainage and
vehicular non-access purposes; further ordering the ordinance recorded.

Summary
Accepting the property interest below meets the Planning and Development
Department's Single Instrument Dedication Process requirement prior to releasing any
permits to applicants.

Easement (a)
Applicant: North Valley Assembly of God, its successor and assigns
Purpose: Water and Sewer
Location: 28660 N. Black Canyon Highway
File: FN 220090
Council District: 1

Easement (b)
Applicant: Sonoran Foothills, Inc., its successor and assigns
Purpose: Drainage
Location: 2520 W. Sonoran Parkway
File: FN 220093
Council District: 2

Easement (c)
Applicant: KFH Campbell Commons, LLC, its successor and assigns
Purpose: Vehicular Non-access
Location: 3220 E. Minnezona Circle
File: FN 220108
Council District: 6

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development and Finance departments.


Page 68



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Grant of a Public Utility Easement on City-owned Property at 2125 N. 15th Ave.
(Ordinance S-49404)

Request the City Council to grant a public utility easement for consideration of $1
and/or other valuable consideration, for installation of an underground distribution
electrical line to the City-owned property at 2125 N. 15th Ave., in the Arizona Public
Service Company service area; further ordering the ordinance recorded.

Summary
This public utility easement is more fully described in the legal description ("Easement
Premises") to be recorded with this ordinance and will be granted to all public service
corporations and telecommunication corporations (collectively "Grantee") providing
utility service to Encanto Park in perpetuity, so long as the Grantee uses the Easement
Premises for the purposes herein specified, subject to the following terms and
conditions:

A. Grantee is hereby granted the right to construct, reconstruct, replace, repair,
operate and maintain utility facilities together with appurtenant fixtures for use in
connection therewith (collectively "Grantee Facilities") to, through, across and
beyond Grantor's property within the Easement Premises. Subject to the notice
requirements provided in paragraph "I," Grantee shall at all times have the right of
full and free ingress and egress to and along the Easement Premises for the
purposes herein specified. Grantee acknowledges and accepts that Grantee shall
share the Easement Premises with other Grantees and shall use such Easement
Premises with other Grantees in accordance with and consistent with industry
standards and customs for shared use. Grantor agrees to coordinate the location of
Grantee's Facilities within the Easement Premises and to pay costs for relocation of
Grantee's Facilities as provided in paragraph "F."
B. Grantor shall not locate, erect or construct, or permit to be located or erected or
constructed any building or structure within the limits of the Easement Premises.
However, Grantor reserves all other rights, interests and uses of the Easement
Premises that are not inconsistent with Grantee's easement rights herein conveyed
and which do not interfere with or endanger any of the Grantee Facilities.
Notwithstanding the foregoing, Grantor shall not have the right to lower by more
than one foot or raise by more than two feet the surface grade of Easement


Page 69

Premises without the prior written consent by the Grantee whose facilities will be
affected by the change of elevation.
C. Grantee shall not have the right to use the Easement Premises to store gasoline or
petroleum products, hazardous or toxic substances, or flammable materials;
provided however, that this prohibition shall not apply to any material, equipment or
substance contained in, or a part of, the Grantee Facilities, provided that Grantee
must comply with all applicable federal, state and local laws and regulations in
connection therewith. Additionally, the Easement Premises may not be used for the
storage of construction-related materials or to park or store construction-related
vehicles or equipment except on a temporary basis to construct, reconstruct,
replace, repair, operate or maintain the Grantee Facilities.
D. Grantor shall maintain an appropriate three-foot clear area around all edges of all
equipment pads for Grantee Facilities in addition to a clear operational area that
extends 12 feet immediately in front of all transformer or switching cabinet openings
within the Easement Premises. No obstruction, trees, shrubs, fixtures or permanent
structures shall be placed or permitted by Grantor within said areas. Grantee is
hereby granted the right to trim, prune, cut and clear away trees, brush, shrubs or
other obstruction within said areas.
E. Grantee shall exercise reasonable care to avoid damage to the Easement Premises
and all improvements thereon and agrees that following any work or use by Grantee
within the Easement Premises, the affected area, including without limitation all
pavement, landscaping, concrete and other improvements permitted within the
Easement Premises pursuant to this easement will be restored by Grantee to as
close to original condition as is reasonably possible at the expense of Grantee.
F. Grantor reserves the right to require the relocation of Grantee Facilities to a new
location within Grantor's property, provided, however, that: 1) Grantor pays the
entire cost of redesigning and relocating existing Grantee Facilities to the new
location; and 2) Grantor provides Grantee with a new and substantially similar
public utility easement at no cost to Grantee. After relocation of Grantee Facilities to
the new easement area, Grantee shall abandon its rights to use the Easement
Premises granted in this easement without cost or consequence to Grantor.
G. Each public service corporation and telecommunication services corporation as a
Grantee shall coordinate and work with other Grantees in the use of the Easement
Premises. In the event that a third party or other Grantee requests the relocation of
existing Grantee Facilities to a new location (whether or not) within the Easement
Premises, the requesting party shall pay the entire cost of redesigning and
relocating the existing Grantee Facilities.
H. Grantee shall not have the right to transfer, convey or assign its interests in this
easement to any individual, corporation or other entity without the prior written
consent of Grantor, which consent shall not be unreasonably withheld. Grantee
shall notify Grantor of any proposed transfer, conveyance or assignment of any


Page 70

rights granted herein at address listed below.
I. Except in emergencies or exigent circumstances such as service restoration,
Grantee agrees to contact Grantor at least one business day prior to Grantee's
entrance onto the Easement Premises where the Easement Premises are located:
1) on a site that includes Aviation Department facilities; 2) water and wastewater
treatment facilities; 3) Police Department headquarters located at 620 W.
Washington St.; 4) Fire Department headquarters located at 150 S. 12th St.; 5) City
Hall located at 200 W. Washington St.; 6) City Court Building located at 300 W.
Washington St.; 7) Calvin C. Goode Building located at 251 W. Washington St.; 8)
Transit Operations Center located at 320 N. 1st Ave. or West Transit Facility located
at 405 N. 79th Ave.; or 9) in a secured or fenced area.

Location
2125 N. 15th Ave., within Maricopa County Assessor parcel number 111-10-034
Council District: 4

Responsible Department
This item is submitted by City Manager Jeffrey Barton and Deputy City Manager Inger
Erickson and the Parks and Recreation and Finance departments.




Page 71



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Grant of a Public Utility Easement on City-owned Property near 36th Avenue and
Deer Valley Road (Ordinance S-49410)

Request the City Council to grant a public utility easement for consideration of $1
and/or other valuable consideration, for installation of an underground distribution
electrical line to Well 309 on City-owned property in the Arizona Public Service
Company service area, and further ordering the ordinance recorded.

Summary
This public utility easement is more fully described in the legal description ("Easement
Premises") recorded with the ordinance and will be granted to all public service
corporations and telecommunication corporations (collectively "Grantee") providing
utility service to the property located near 36th Avenue and Deer Valley Road in
perpetuity, so long as the Grantee uses the Easement Premises for the purposes
herein specified, subject to the following terms and conditions:

A. Grantee is hereby granted the right to construct, reconstruct, replace, repair,
operate and maintain utility facilities together with appurtenant fixtures for use in
connection therewith (collectively "Grantee Facilities") to, through, across and
beyond Grantor's property within the Easement Premises. Subject to the notice
requirements provided in paragraph "I," Grantee shall at all times have the right of
full and free ingress and egress to and along the Easement Premises for the
purposes herein specified. Grantee acknowledges and accepts that Grantee shall
share the Easement Premises with other Grantees and shall use such Easement
Premises with other Grantees in accordance with and consistent with industry
standards and customs for shared use. Grantor agrees to coordinate the location of
Grantee's Facilities within the Easement Premises and to pay costs for relocation of
Grantee's Facilities as provided in paragraph "F."
B. Grantor shall not locate, erect or construct, or permit to be located or erected or
constructed, any building or structure within the limits of the Easement Premises.
However, Grantor reserves all other rights, interests, and uses of the Easement
Premises that are not inconsistent with Grantee's easement rights herein conveyed
and which do not interfere with or endanger any of the Grantee Facilities.
Notwithstanding the foregoing, Grantor shall not have the right to lower by more
than one foot or raise by more than two feet the surface grade of Easement


Page 72

Premises without the prior written consent by the Grantee whose facilities will be
affected by the change of elevation.
C. Grantee shall not have the right to use the Easement Premises to store gasoline or
petroleum products, hazardous or toxic substances, or flammable materials;
provided however, that this prohibition shall not apply to any material, equipment or
substance contained in, or a part of, the Grantee Facilities, provided that Grantee
must comply with all applicable federal, state and local laws and regulations in
connection therewith. Additionally, the Easement Premises may not be used for the
storage of construction-related materials or to park or store construction-related
vehicles or equipment except on a temporary basis to construct, reconstruct,
replace, repair, operate or maintain the Grantee Facilities.
D. Grantor shall maintain an appropriate three-foot clear area around all edges of all
equipment pads for Grantee Facilities in addition to a clear operational area that
extends 12 feet immediately in front of all transformer or switching cabinet
openings, within the Easement Premises. No obstruction, trees, shrubs, fixtures or
permanent structures shall be placed or permitted by Grantor within said areas.
Grantee is hereby granted the right to trim, prune, cut, and clear away trees, brush,
shrubs or other obstruction within said areas.
E. Grantee shall exercise reasonable care to avoid damage to the Easement Premises
and all improvements thereon and agrees that following any work or use by Grantee
within the Easement Premises, the affected area, including without limitation, all
pavement, landscaping, concrete and other improvements permitted within the
Easement Premises pursuant to this easement will be restored by Grantee to as
close to original condition as is reasonably possible, at the expense of Grantee.
F. Grantor reserves the right to require the relocation of Grantee Facilities to a new
location within Grantor's property; provided however, that: 1) Grantor pays the
entire cost of redesigning and relocating existing Grantee Facilities to the new
location; and 2) Grantor provides Grantee with a new and substantially similar
public utility easement at no cost to Grantee. After relocation of Grantee Facilities to
the new easement area, Grantee shall abandon its rights to use the Easement
Premises granted in this easement without cost or consequence to Grantor.
G. Each public service corporation and telecommunication services corporation as a
Grantee shall coordinate and work with other Grantees in the use of the Easement
Premises. In the event that a third party or other Grantee requests the relocation of
existing Grantee Facilities to a new location (whether or not) within the Easement
Premises, the requesting party shall pay the entire cost of redesigning and
relocating the existing Grantee Facilities.
H. Grantee shall not have the right to transfer, convey or assign its interests in this
easement to any individual, corporation or other entity without the prior written
consent of Grantor, which consent shall not be unreasonably withheld. Grantee
shall notify Grantor of any proposed transfer, conveyance or assignment of any


Page 73

rights granted herein at address listed below.
I. Except in emergencies or exigent circumstances such as service restoration,
Grantee agrees to contact Grantor at least one business day prior to Grantee's
entrance onto the Easement Premises where the Easement Premises are located:
1) on a site that includes Aviation Department facilities; 2) water and wastewater
treatment facilities; 3) Police Department headquarters located at 620 W
Washington St.; 4) Fire Department headquarters located at 150 S 12th St.; 5) City
Hall located at 200 W Washington St.; 6) City Court Building located at 300 W
Washington St.; 7) Calvin C. Goode Building located at 251 W Washington St.; 8)
Transit Operations Center located at 320 N 1st Ave. or West Transit Facility located
at 405 N 79th Ave.; or 9) in a secured or fenced area.

Location
Near 36th Avenue and Deer Valley Road
Council District: 1

Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Water Services
and Finance departments.




Page 74



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Item text
Media and Marketing Buying Contract - CO-OP 23-014 Request for Award
(Ordinance S-49440)

Request to authorize the City Manager, or his designee, to enter into a contract with
Owens, Harkey and Associates, LLC, to provide $1,500,000 per year for up to three
years, for a total of $4,500,000 million, in media advertising and marketing buying
services for the Communications and Water Services departments. Further request to
authorize the City Controller to disburse all funds related to this item. The total value of
the contract will not exceed $4,500,000.

Summary
This contract will provide media buying, advertising placement, and marketing strategy
development to promote City departments' marketing goals. Media buying is the act of
acquiring real estate or inventory where advertisement may be placed. The process of
media buying and marketing is executed by a marketing agency to conduct market
research and establish an audience. The goal is to identify the target audience,
establish channels, and purchase the advertisement space on channels such as
television, website, and radio, to expose and maximize marketing efforts. Over the
next 18-24 months, staff will be putting together a Qualified Vendor List (QVL) to
expand engagement with the community and build a diverse portfolio of vendors.

Procurement Information
In accordance with Administrative Regulation 3.10, standard competition was waived
as a result of an approved determination memo based on special circumstances:
Special Circumstance/Alternative Competition. The contractor Owens, Harkey and
Associates, LLC, is a full-service marketing agency that will help the Communications
and Water Services departments maximize their media exposure and marketing
strategy, leveraging the State of Arizona cooperative agreement to fulfill their
marketing goals. The contractor will oversee the departments' marketing goals, target
audience, and media buying process, working directly with vendors to execute the
purchase of advertisement space and ensure the most visible placements at the
optimal times.

Contract Term
The contract will begin on or about March 1, 2023, for up to a three-year term with no
options to extend.

Page 75

Financial Impact
The contract value will not exceed $4,500,000 for up to a three-year term. Funding is
available in the Communications and Water Services departments' budgets.

Responsible Department
This item is submitted by City Manager Jeffrey Barton, Deputy City Manager Karen
Peters and the Communications and Water Services departments.




Page 76



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Supporting documents

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Item text
Athletic, Physical Education Supplies, and Team Uniforms Contract - COOP23-
057 - Request for Award (Ordinance S-49403)

Request to authorize the City Manager, or his designee, to enter into a contract with
School Health Corporation to provide athletic, physical education supplies and team
uniforms for the Parks and Recreation Department. Further request to authorize the
City Controller to disburse all funds related to this item. The total value of the contract
will not exceed $1,000,000.

Summary
This contract will provide the Parks and Recreation Department the ability to purchase
athletic, educational, and team sports equipment and accessories. The goods
purchased will be used by adult and youth sports leagues and programs throughout
the City of Phoenix parks and community centers. The adoption of this agreement will
be advantageous to the planning of programs and instructional classes offered to
youth and adult participants at parks and community centers Citywide.

Procurement Information
In accordance with Administrative Regulation 3.10, standard competition was waived
as a result of an approved Determination Memo based on the following reason:
Special Circumstances - Alternative Competition. Adopting the cooperative agreement
through Omnia Partners with School Health Corporation provides the best needs of the
Parks and Recreation Department.

Contract Term
The contract will begin on or about Feb. 15, 2023, for a five-year term with no options
to extend.

Financial Impact
The aggregate contract value will not exceed $1,000,000 for the five-year aggregate
term.

Funding is available in the Parks and Recreation Department's operating budget.




Page 77

Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Parks and
Recreation Department.




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Item text
Mental Health Services Contract - EXC 23-012 - Request for Award (Ordinance S-
49406)

Request to authorize the City Manager, or his designee, to enter into a contract with
Solari, Inc. to provide mental health behavioral services for the Phoenix Police
Department's Communications Bureau. Further request to authorize the City Controller
to disburse all funds related to this item. The total value of the contract will not exceed
$412,500.

Summary
This contract will provide the Phoenix Police Department with an on-site behavioral
and mental health professional to coach, train, and guide emergency operators and
dispatchers. Solari, Inc. will be assigned to two locations to improve, train, and modify
emergency call procedures and policies. The Solari, Inc. services will enhance and
expand the current mental health diversion program in the Communications Bureau
and dispatch mental health crisis mobile teams when requested.

Procurement Information
In accordance with Administrative Regulation 3.10, standard competition was waived
as a result of an approved Determination Memo based on the following reason:
Special Circumstances Without Competition. In 2019, a study conducted by the
National Police Foundation and the Substance Abuse and Mental Health Services
Administration recommended collaboration between mental health crisis providers and
local police departments.

The Phoenix Police Department has determined that collaborating and pursuing a
contract with a behavioral and mental health crisis provider will benefit the
Communications Bureau dispatchers and operators to appropriately handle the City of
Phoenix residents' emergency calls with behavioral and mental health components.
Solari, Inc. is the only suicide and crisis hotline that services Maricopa County.

Contract Term
The contract will begin on or about Feb. 15, 2023, for a five-year term, with no options
to extend.



Page 79

Financial Impact
The aggregate contract value will not exceed $412,500 for the five-year term. Funding
is available in the Police Department's budget.

Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Police Department.




Page 80



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Item text
MRO Supplies: Industrial, Building, Plumbing, Electrical and Heating, Ventilation
and Air Conditioning Materials Contract - COOP 23-037 - Request for Award
(Ordinance S-49413)

Request to authorize the City Manager, or his designee, to enter into contracts with
Paul's Scottsdale Hardware, Inc., doing business as (dba) Paul's Ace Hardware; Six
Points Hardware, Inc.; Brown's Partsmaster, Inc.; and Ferguson US Holdings, Inc., dba
Ferguson Enterprises, LLC, to provide industrial, building, electrical and heating,
ventilation and air conditioning (HVAC) materials for Citywide use. Further request to
authorize the City Controller to disburse all funds related to this item. The total value of
the contracts will not exceed $6,750,000.

Summary
These contracts will provide a broad range of building supplies such as concrete,
masonry, lumber, roofing, drywall, paints, windows, doors, fasteners, hardware,
plumbing supplies, metals, tools, electrical and other facility operations products and
equipment. The primary departments using the contracts are Water Services, Aviation,
Phoenix Convention Center and Housing. Locations are throughout the city. The
requested products are critical to Citywide facility operations.

Procurement Information
In accordance with Administrative Regulation 3.10, standard competition was waived
as a result of an approved determination memo due to special circumstances, as there
was no alternative competition. The State of Arizona's cooperative contract, which was
competitively solicited, best aligns with Citywide needs for industrial, building,
plumbing, electrical, and HVAC materials.

Contract Term
The contracts will begin on or about July 1, 2023, for a two-year term with no options
to extend.

Financial Impact
The aggregate contract value for will not exceed $6,750,000 for the two-year
aggregate term.



Page 81

Funding is available in the various departments' budgets.

Responsible Department
This item is submitted by City Manager Jeffrey Barton and the Finance Department.




Page 82



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Item text
Biological Sample Testing Supplies - IFB 17-138 - Amendment (Ordinance S-
49419)

Request to authorize the City Manager, or his designee, to execute an amendment to
Contract 144702 with Phenomenex, Inc. to extend the contract term. Further request
to authorize the City Controller to disburse all funds related to this item. The additional
expenditures will not exceed $70,647.

Summary
This contract will provide consumable products used by the Toxicology Section of the
Police Department Laboratory Services Bureau in the analysis of ethanol in biological
specimens. The extension of this contract will allow the Police Department to continue
to process evidence for traffic, sexual assault, and homicide investigations in the most
cost effective and efficient manner. The additional funds will allow for the purchase of
the consumable products through the extended contract term.

Contract Term
Upon approval, the contract will be extended through March 31, 2028.

Financial Impact
Upon approval of $70,647 in additional funds, the revised aggregate value of the
contract will not exceed $122,167. Funds are available in the Police Department’s
budget.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
• Biological Sample Testing Supplies - Contract 144702 (Ordinance S-43309) on
March 22, 2017.

Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Police Department.




Page 83



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Item text
Carahsoft - LinkedIn Recruitment Services (Ordinance S-49435)

Request to authorize the City Manager, or his designee, to enter into a contract with
Carahsoft Technology Corp. to provide LinkedIn recruitment services for the Human
Resources Department. Further request authorization for the City Controller to
disburse funds related to this item. The aggregate value will not exceed $67,000.

Summary
The Human Resources Department (HR) is responsible for conducting recruitments for
all City departments. The Human Resources Department seeks the services of a
professional recruitment company to assist in expanding and enhancing the
recruitment options for potential City candidates, specifically for hard to fill positions
and high-level executive job classifications. LinkedIn is one of the world’s largest
professional networks with nearly 800 million members and is widely used for job
recruitment services and resume uploading.

LinkedIn services include the ability to send personalized messages to engage
candidates of interest to the City, quickly find and connect with candidates, and the
ability to manage candidate pools.

The City will purchase annual subscriptions for the Recruiter Corporate and Job Slot
services through the authorized LinkedIn reseller, Carahsoft Technology Corp. These
subscriptions will allow HR to perform network search capabilities, view candidate
profiles, message applicants, basic training and support, team collaboration, auditing,
and search quality candidates for job opportunities.

Procurement Information
In accordance with Administrative Regulation 3.10, normal competition was waived as
a result of an approved Determination Memo citing Carahsoft Technology Corp. as a
Special Circumstance - Time Restriction.

If a contract for the annual subscriptions is not in place, Talent Acquisition Management
would pay per position posting. With the annual subscriptions, 150 individuals may be
contacted per month which is helpful in identifying candidates for hard to fill positions.



Page 84


Contract Term
The contract is a three-year term to begin on Feb. 25, 2023 and end Feb. 24, 2026.

Financial Impact
The aggregate value of the contract will not exceed $67,000 and funds are available in
the Human Resources Department's budget.

Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Human Resources
Department.




Page 85



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Supporting documents

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Item text
Amendments to Classification Plan S-5815 in Accordance with Human
Resources Committee 617 Recommendations - Budget and Research Analyst
Job Family (Ordinance S-49436)

As part of an evaluation of the organizational structure within the Budget and Research
Department, the following amendments to the Classification Plan [S-5815] are
proposed in accordance with the recommendation of Human Resources Committee
617, effective Feb. 20, 2023. The proposal will also require modifications to the City’s
Pay Ordinance [S-47689], which will be processed under a separate ordinance.

Establish the classification of Budget and Research Analyst, Job Code 05600, Salary
Plan 001, Grade 039 ($70,970 - $107,910/annually), Benefit Category 007, Labor Unit
Code: 008, EEO-4 Category: Professionals, FLSA Status: Exempt.

Establish the classification of Senior Budget and Research Analyst, Job Code 05610,
Salary Plan 001, Grade 040 ($74,630 - $113,589/annually), Benefit Category 007,
Labor Unit Code: 008, EEO-4 Category: Professionals, FLSA Status: Exempt.

Establish the classification of Principal Budget and Research Analyst, Job Code
05620, Salary Plan 001, Grade 041 ($78,562 - $119,267/annually), Benefit Category
007, Labor Unit Code: 008, EEO-4 Category: Professionals, FLSA Status: Exempt.

Summary
BACKGROUND
The Budget and Research Department has a strong need for a new job family that will
be responsible for central management of the City’s capital improvement programs,
preparation and administration of the annual operating budget for the City, including
revenue estimating and forecasting, long range fiscal planning, and conducting
organization and management studies citywide. There is a need to distinctly identify a
Budget and Research Analyst job family with specific and different minimum
qualifications separate from the general Budget Analyst job family.

FINDINGS & RECOMMENDATIONS
There are 12 positions currently classified as Management Assistant II and three
positions currently classified as Budget Analyst III responsible for citywide budget


Page 86

development and forecasting. Budget analysis responsibilities include: reviewing and
analyzing capital and/or operating expenditure and revenue estimates and base
budget requests; performing complex citywide budget, financial and operational
analysis; assessing availability of funding and appropriation authority, and acceptability
of the use of restricted funds; recommending adjustments; management of processes
to review capital and bond funded projects; management of capital needs analyses;
reviewing and approving budget control documents, Requests for Council Action
(RCAs), and Statements of Readiness (SORs); conducting research studies, writing
reports, and developing recommendations for process improvements, cost savings
and operational efficiencies; performing costing for the labor negotiations process;
ensuring all legal budget adoption steps are completed accurately and timely;
discussing recommendations with management, and preparing assigned sections of
City budget books. Changing the classifications and pay grades to a more appropriate
title of Budget & Research Analyst and Senior Budget & Research Analyst would
reflect the scope and experience needed for both classifications and assist with
retention and recruiting.

The new Principal Budget and Research Analyst will be responsible for performing
highly complex and advanced professional fiscal analysis, revenue forecasting and
research duties in support of the preparation and administration of citywide operating
funds. This classification is responsible for researching and analyzing a wide variety of
economic and financial data, interpreting the impact of economic trends on citywide
budgets, and developing revenue projections and related recommendations. The
Principal Budget and Research Analyst develops the annual General Fund Status and
Five-Year Forecast, works with economists from the University of Arizona’s Economic
Business and Research Center to update the econometric forecasting model used to
project city and state sales taxes, and produces multi-year forecasts of all City funds
for the quadrennial Expenditure Limit process.

All the above recommendations would assist the City with attracting qualified
candidates in a highly competitive market.

Financial Impact
The total estimated cost for the entire proposal is $35,346.

Concurrence/Previous Council Action
This action was reviewed and recommended for approval by Human Resources
Committee 617 on Jan. 20, 2023.

Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Human Resources
Department.
Page 87



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Supporting documents

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Item text
Amendments to Pay Ordinance S-47689 in Accordance with Human Resources
Committee 617 Recommendations - Budget and Research Analyst Job Family
(Ordinance S-49437)

As part of an evaluation of the organizational structure within the Budget and Research
Department, the following amendments to the Pay Ordinance [S-47689] are proposed
in accordance with the recommendation of Human Resources Committee 617,
effective Feb. 20, 2023. The proposal will also require modifications to the City’s
Classification Plan [S-5815], which will be processed under a separate ordinance.

Establish the classification of Budget and Research Analyst, Job Code 05600, Salary
Plan 001, Grade 039 ($70,970 - $107,910/annually), Benefit Category 007, Labor Unit
Code: 008, EEO-4 Category: Professionals, FLSA Status: Exempt.

Establish the classification of Senior Budget and Research Analyst, Job Code 05610,
Salary Plan 001, Grade 040 ($74,630 - $113,589/annually), Benefit Category 007,
Labor Unit Code: 008, EEO-4 Category: Professionals, FLSA Status: Exempt.

Establish the classification of Principal Budget and Research Analyst, Job Code
05620, Salary Plan 001, Grade 041 ($78,562 - $119,267/annually), Benefit Category
007, Labor Unit Code: 008, EEO-4 Category: Professionals, FLSA Status: Exempt.

Summary
BACKGROUND
The Budget and Research Department has a strong need for a new job family that will
be responsible for central management of the City’s capital improvement programs,
preparation and administration of the annual operating budget for the City, including
revenue estimating and forecasting, long range fiscal planning, and conducting
organization and management studies citywide. There is a need to distinctly identify a
Budget and Research Analyst job family with specific and different minimum
qualifications separate from the general Budget Analyst job family.

FINDINGS & RECOMMENDATIONS
There are 12 positions currently classified as Management Assistant II and three
positions currently classified as Budget Analyst III responsible for citywide budget


Page 88

development and forecasting. Budget analysis responsibilities include: reviewing and
analyzing capital and/or operating expenditure and revenue estimates and base
budget requests; performing complex citywide budget, financial and operational
analysis; assessing availability of funding and appropriation authority, and acceptability
of the use of restricted funds; recommending adjustments; management of processes
to review capital and bond funded projects; management of capital needs analyses;
reviewing and approving budget control documents, Requests for Council Action
(RCAs), and Statements of Readiness (SORs); conducting research studies, writing
reports, and developing recommendations for process improvements, cost savings
and operational efficiencies; performing costing for the labor negotiations process;
ensuring all legal budget adoption steps are completed accurately and timely;
discussing recommendations with management, and preparing assigned sections of
City budget books. Changing the classifications and pay grades to a more appropriate
title of Budget & Research Analyst and Senior Budget and Research Analyst would
reflect the scope and experience needed for both classifications and assist with
retention and recruiting.

The new Principal Budget and Research Analyst will be responsible for performing
highly complex and advanced professional fiscal analysis, revenue forecasting and
research duties in support of the preparation and administration of citywide operating
funds. This classification is responsible for researching and analyzing a wide variety of
economic and financial data, interpreting the impact of economic trends on citywide
budgets, and developing revenue projections and related recommendations. The
Principal Budget and Research Analyst develops the annual General Fund Status and
Five-Year Forecast, works with economists from the University of Arizona’s Economic
Business and Research Center to update the econometric forecasting model used to
project city and state sales taxes, and produces multi-year forecasts of all City funds
for the quadrennial Expenditure Limit process.

All the above recommendations would assist the City with attracting qualified
candidates in a highly competitive market.

Financial Impact
The total estimated cost for the entire proposal is $35,346.

Concurrence/Previous Council Action
This action was reviewed and recommended for approval by Human Resources
Committee 617 on Jan. 20, 2023.

Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Human Resources
Department.
Page 89



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Item text
Amendments to Classification Plan S-5815 in Accordance with Human
Resources Committee 617 Recommendations - Municipal Security Guard Job
Family (Ordinance S-49438)

At the request of Unit III AFSCME Local 2960 and as part of their negotiated contract
to conduct a market study, the following amendments to the Classification Plan [S-
5815] are proposed in accordance with the recommendation of Human Resources
Committee 617, effective Feb. 20, 2023. The proposal will also require modifications to
the City’s Pay Ordinance [S-47689], which will be processed under a separate
ordinance.

Modify the classification of Municipal Security Guard, Job Code 80050, Salary Plan
006, Grade 323 ($15.82 - $23.03/hourly), Benefit Category 003, Labor Unit Code 003,
EEO-4 Category: Protective Service Nonsworn, FLSA Status: Non-Exempt to Grade:
324 ($16.52 - $24.11/hourly).

Abolish the assignment of Municipal Security Guard*U8, Job Code 80051, Salary Plan
012, Grade 723 ($16.31 - $24.05/hourly), Benefit Category: 008, Labor Unit Code 008,
EEO-4 Category: Protective Service Nonsworn, FLSA Status: Non-Exempt.

Abolish the assignment of Municipal Security Guard*Badge, Job Code 80054, Salary
Plan 006, Grade 324 ($16.52 - $24.11/hourly), Benefit Category: 003, Labor Unit Code
003, EEO-4 Category: Protective Service Nonsworn, FLSA Status: Non-Exempt.

Abolish the assignment of Municipal Security Guard*Lead, Job Code 80052, Salary
Plan 006, Grade 325 ($17.41 - $25.35/hourly), Benefit Category: 003, Labor Unit Code
003, EEO-4 Category: Protective Service Nonsworn, FLSA Status: Non-Exempt.

Establish the classification of Senior Municipal Security Guard, Job Code 80060,
Salary Plan 001, Grade 026 ($17.87 - $27.10/hourly), Benefit Category: 007, Labor
Unit Code 007, EEO-4 Category: Protective Service Nonsworn, FLSA Status: Non-
Exempt.

Abolish the assignment of Municipal Security Guard*Ld-U7, Job Code 80053, Salary
Plan 001, Grade 025 ($16.91 - $25.80/hourly), Benefit Category: 007, Labor Unit Code


Page 90

007, EEO-4 Category: Protective Service Nonsworn, FLSA Status: Non-Exempt.

Summary
BACKGROUND
There are 68 Municipal Security Guard positions citywide. All departments indicated
they had difficulty with recruiting and retention. Specifically, departments had issues
with the quality of candidates, candidates turning down job offers due to pay concerns
and employee turnover. Additionally, departments indicated they wanted to see a
clearer career path in the job family. Staff used data from the City’s Human Resources
Information System (eCHRIS) and conducted research using a combination of public
sector and private sector resources such as PayScale, Zippia, Indeed and Economic
Research Institute. In addition, staff conducted a local salary survey of public sector
employers. Results of the compensation review are below.

FINDINGS & RECOMMENDATIONS
The job duties and level of complexity for the Municipal Security Guard classification
were found to be comparable to both our local private and public market. Data
indicates that the City is approximately 8 percent below the current public market;
however, the City is 25 percent above private market and continues to have recruiting
issues. The Municipal Security Guards citywide turnover is higher than the citywide
average for the last year, and the Library Department continues to experience high
vacancy rates. Changing the pay grade of the Municipal Security Guard and creating a
separate Senior classification in the job series, in lieu of a “Lead assignment," reflects
proper placement within the job family.

Currently, there are four assignments off the base classification of Municipal Security
Guard. Abolishing the Municipal Security Guard assignments eliminates layers that are
no longer needed. The Lead Assignment currently in Unit Three is not being utilized.
Lead Assignments in Unit Seven are mainly responsible for training and have direct
reports. These functions are not performed at this level therefore the assignment is no
longer needed. Creating an additional base class of Senior Municipal Security Guard
to the family, with a one pay grade increase to keep parity with the entry level base
class Municipal Security Guard recommendation, would eliminate pay compression
issues. The recommendations above would assist the City with attracting qualified
candidates in a competitive market and create a clearer career track for our
employees.

Financial Impact
The total estimated cost for the entire proposal is $82,083.




Page 91

Concurrence/Previous Council Action
This action was reviewed and recommended for approval by Human Resources
Committee 617 on Jan. 20, 2023.

Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Human Resources
Department.




Page 92



Report

Supporting documents

No supporting documents stored.


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Item text
Amendments to Pay Ordinance S-47689 in Accordance with Human Resources
Committee 617 Recommendations - Municipal Security Guard Job Family
(Ordinance S-49439)

At the request of Unit III AFSCME Local 2960 and as part of their negotiated contract
to conduct a market study, the following amendments to the Pay Ordinance [S-47689]
are proposed in accordance with the recommendation of Human Resources
Committee 617, effective Feb. 20, 2023. The proposal will also require modifications to
the City’s Classification Plan [S-5815], which will be processed under a separate
ordinance.

Modify the classification of Municipal Security Guard, Job Code 80050, Salary Plan
006, Grade 323 ($15.82 - $23.03/hourly), Benefit Category 003, Labor Unit Code 003,
EEO-4 Category: Protective Service Nonsworn, FLSA Status: Non-Exempt to Grade:
324 ($16.52 - $24.11/hourly).

Abolish the assignment of Municipal Security Guard*U8, Job Code 80051, Salary Plan
012, Grade 723 ($16.31 - $24.05/hourly), Benefit Category: 008, Labor Unit Code 008,
EEO-4 Category: Protective Service Nonsworn, FLSA Status: Non-Exempt.

Abolish the assignment of Municipal Security Guard*Badge, Job Code 80054, Salary
Plan 006, Grade 324 ($16.52 - $24.11/hourly), Benefit Category: 003, Labor Unit Code
003, EEO-4 Category: Protective Service Nonsworn, FLSA Status: Non-Exempt.

Abolish the assignment of Municipal Security Guard*Lead, Job Code 80052, Salary
Plan 006, Grade 325 ($17.41 - $25.35/hourly), Benefit Category: 003, Labor Unit Code
003, EEO-4 Category: Protective Service Nonsworn, FLSA Status: Non-Exempt.

Establish the classification of Senior Municipal Security Guard, Job Code 80060,
Salary Plan 001, Grade 026 ($17.87 - $27.10/hourly), Benefit Category: 007, Labor
Unit Code 007, EEO-4 Category: Protective Service Nonsworn, FLSA Status: Non-
Exempt.

Abolish the assignment of Municipal Security Guard*Ld-U7, Job Code 80053, Salary
Plan 001, Grade 025 ($16.91 - $25.80/hourly), Benefit Category: 007, Labor Unit Code


Page 93

007, EEO-4 Category: Protective Service Nonsworn, FLSA Status: Non-Exempt.

Summary
BACKGROUND
There are 68 Municipal Security Guard positions citywide. All departments indicated
they had difficulty with both recruiting and retention. Specifically, departments had
issues with the quality of candidates, candidates turning down job offers due to pay
concerns and employee turnover. Additionally, departments indicated they wanted to
see a clearer career path in the job family. Staff used data from the City’s Human
Resources Information System (eCHRIS) and conducted research using a
combination of public sector and private sector resources such as PayScale, Zippia,
Indeed and Economic Research Institute. In addition, staff conducted a local salary
survey of public sector employers. Results of the compensation review are below.

FINDINGS & RECOMMENDATIONS
The job duties and level of complexity for the Municipal Security Guard classification
were found to be comparable to both our local private and public market. Data
indicates that the City is approximately 8 percent below the current public market;
however, the City is 25 percent above private market and continues to have recruiting
issues. The Municipal Security Guards citywide turnover is higher than the citywide
average for the last year, and the Library Department continues to experience high
vacancy rates. Changing the pay grade of the Municipal Security Guard and creating a
separate Senior classification in the job series, in lieu of a “Lead assignment," reflects
proper placement within the job family.

Currently, there are four assignments off the base classification of Municipal Security
Guard. Abolishing the Municipal Security Guard assignments eliminates layers that are
no longer needed. The Lead Assignment currently in Unit Three is not being utilized.
Lead Assignments in Unit Seven are mainly responsible for training and have direct
reports. These functions are not performed at this level therefore the assignment is no
longer needed. Creating an additional base class of Senior Municipal Security Guard
to the family, with a one pay grade increase to keep parity with the entry level base
class Municipal Security Guard recommendation, would eliminate pay compression
issues. The recommendations above would assist the City with attracting qualified
candidates in a competitive market and create a clearer career track for our
employees.

Financial Impact
The total estimated cost for the entire proposal is $82,083.




Page 94

Concurrence/Previous Council Action
This action was reviewed and recommended for approval by Human Resources
Committee 617 on Jan. 20, 2023.

Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Human Resources
Department.




Page 95



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Item text
Add Funds for The Moreland Affordable Housing Development (Ordinance S-
49424)

Request to authorize the City Manager, or his designee, to add up to $10 million in
American Rescue Plan Act (ARPA) funds for the redevelopment of the City-owned
former Deck Park Vista apartment community into The Moreland, Phase I, a new 132-
unit affordable housing development in downtown Phoenix, and to take all necessary
actions and execute all documents. 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 through the City’s allocation of ARPA received from the
federal government and is under the City’s Affordable Housing Program of the
strategic plan.

Summary
Located on approximately two acres at 1125 N. 3rd St. in downtown Phoenix, and as
part of the redevelopment of the site, demolition of the buildings was completed and
will be utilizing Low Income Housing Tax Credits, bank financing and the allocated
funds to build the first phase of The Moreland project. Phase I includes a new 132-unit
multifamily rental housing development with proposed amenities including
comprehensive supportive services provided by Native Americans Connections, Inc.
(NAC), first floor community space, courtyard, fitness center, a parking garage that will
serve both phases, and Wi-Fi throughout the property. Phase II of The Moreland is
planned for a later date. The Moreland project will address a critical need for affordable
and workforce housing in the Downtown Core. Construction of The Moreland, Phase 1,
is anticipated to commence in summer 2023 with estimated completion in the first
quarter of 2025.

Financial Impact
There is no impact to the General Fund. Funding is available from ARPA, a federally
funded program. Funds are budgeted in the Housing Capital Improvement Program.

Concurrence/Previous Council Action
On June 24, 2020, City Council approved entering into contracts with NAC as the
Housing Department’s selected co-development partner for the development of The
Moreland via Ordinance S-46804. On June 7, 2022, City Council approved the


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American Rescue Plan Act Second Tranche Strategic Plan which included an
Affordable Housing Program with gap financing of which $6 million has been allocated
to The Moreland Phase I. On Dec. 14, 2022, City Council allocated $4 million in ARPA
funds to help close the gap for The Moreland Phase I redevelopment.

Location
1125 N. 3rd St.
Council District: 8

Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Housing
Department.




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Financial Literacy Training and Coaching Services Qualified Vendors List - RFQu
-22-EDU/BWDD-70 (Ordinance S-49421)

Request to authorize the City Manager, or his designee, to approve a Qualified
Vendors List (QVL) and enter into agreements with responsive offerors, on an as
needed basis, to provide financial literacy training and coaching services to families
enrolled in the Head Start Birth to Five Program and participants of the Business and
Workforce Development programs for a five-year period. The aggregate value of the
contracts will not exceed $400,000. Further request to authorize the City Controller to
disburse all funds related to this item.

Summary
The Human Services Department has a rich history of providing a comprehensive
array of education and social service programs to help people reach their highest level
of self-sufficiency. The goal behind teaching financial literacy is to help people develop
a stronger understanding of basic financial concepts so they can make informed
financial decisions. The consultants will provide financial literacy and coaching to
participants enrolled in programs administered by the Education and Business and
Workforce Development divisions. This service will improve the financial well-being of
participants by providing access to financial education and building financial
empowerment through training and coaching.

For the Education Division, consultants will partner with families enrolled in the Head
Start Birth to Five Program that need assistance in basic money management,
personal finance, credit, savings, insurance, etc., and will create a financial plan that
reflects their goals and helps build a foundation for economic mobility. The Division
anticipates 345 families to be served yearly.

For the Business and Workforce Development Division, consultants will provide
financial literacy training and coaching to adults, dislocated workers, and youth service
program enrollees. The Division anticipates 260 families to be served yearly.

Procurement Information
A Request for Qualifications procurement was conducted in accordance with
Administrative Regulation 3.10.


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Four proposals were received on Dec. 2, 2022. All were deemed responsive and
responsible to the solicitation requirements. The procurement officer evaluated the
offers using a pass/fail evaluation matrix under the following criteria:

· Company History and Relevant Background
· Method of Approach and Training Implementation
· Experience and Qualifications of Proposed Staff
· Pricing

The following offerors met all solicitation criteria and are recommended to be added to
the QVL:

· Change in Motion, LLC
· Gervonni Cares, Inc.
· Global Investment Company
· Phase Consulting Partners, LLC

Contract Term
The QVL will be in effect on or about Feb. 1, 2023, for a five-year term with no options
to extend.

Financial Impact
Expenditures shall not exceed $400,000 over the life of the contracts. Funding for
Head Start is available from the U.S. Department of Health and Human Services,
Administration of Children, Youth and Families. Funding for Business and Workforce
Development is available from the Workforce Innovation and Opportunity Act. No
additional General Funds are required.

Concurrence/Previous Council Action
On Dec. 13, 2021, the Head Start Birth to Five Policy Council approved the request to
release Financial Literacy Training and Coaching Services Request for Qualifications.

Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Human Services
Department.




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Apply for Rebuilding American Infrastructure with Sustainability and Equity
Grant Opportunity for Federal Fiscal Year 2022-23 - Federal Bipartisan
Infrastructure Law Funding (Ordinance S-49431)

Request to authorize the City Manager, or his designee, to apply for, accept and, if
awarded, enter into an agreement for disbursement of Federal funding from the U.S.
Department of Transportation through the Federal Fiscal Year 2022-23 Rebuilding
American Infrastructure with Sustainability and Equity (RAISE) grant opportunity. If
awarded, the funding will be used to evaluate and update the design of the Laveen
Area Conveyance Channel. Further request to authorize the City Treasurer to accept,
and the City Controller to disburse, all funds related to this item. Funding for this grant
opportunity is available through the Federal Bipartisan Infrastructure Law. The total
grant funds applied for will not exceed $5 million, and the City’s local match would not
exceed $1.25 million.

Summary
The Parks and Recreation and Street Transportation departments are collaborating on
a planning grant submittal for the Laveen Area Conveyance Channel. The purpose of
the planning grant is to evaluate and update the design of a dual-purpose amenity
channel that extends 5.5 miles in the Laveen Village of Phoenix, serving to capture
and convey local regional drainage while also serving the community as an active
transportation corridor. The goal of the planning grant will be to evaluate and make
recommendations that would best serve the existing transportation amenity, including
but not limited to improvements to the existing channel design, and to design a 10 foot
multi-use path on the north side, including landscaping, updated irrigation, turf
improvements, exercise equipment, improved drainage system equipment, booster
pump and well, path lighting, and other transportation or green infrastructure
appropriate for the surrounding corridor. This planning project will meet the grant
criteria for competitiveness.

The U.S. Department of Transportation issued an amended Notice of Funding
Opportunity for the Federal Fiscal Year (FFY) 2022-23 RAISE grant program on Jan. 5,
2023. The deadline for application submittal is Feb. 28, 2023. RAISE grants are
awarded on a competitive basis considering these evaluative criteria:
· Improves safety;


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· Environmental justice and equity;
· Sustainability;
· Quality of life;
· Mobility and community connectivity;
· Economic competitiveness and opportunity;
· State of good repair;
· Partnership and collaboration;
· Innovative;
· Project readiness; and
· Cost effective.

The FFY 2022-23 RAISE grant specifies that the minimum award amount for urban
projects must be at least $5 million and no greater than $25 million.

Financial Impact
The estimated total cost for the project is approximately $6.25 million. The maximum
federal participation rate is 80 percent with a minimum local match of 20 percent of the
total eligible project cost. If awarded, the federal grant would not exceed $5 million (80
percent) and the City’s cost would be approximately $1.25 million (20 percent) for the
local match.

Funding for the local match is available in the Parks and Recreation and Street
Transportation departments’ budgets.

Location
Council Districts: 7 and 8

Responsible Department
This item is submitted by Deputy City Managers Mario Paniagua and Inger Erickson,
and the Street Transportation and Parks and Recreation departments.




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24th Street and Broadway Road (Dr. Martin Luther King Jr. Boulevard) Parcels
Disposition and Redevelopment - Authorization to Issue Solicitation

Request to authorize the City Manager, or his designee, to issue a Request for
Proposals (RFP) to select a development team and begin negotiations for the
disposition and redevelopment of City-owned parcels located at the southwest corner
of 24th Street and Broadway Road (Dr. Martin Luther King Jr. Boulevard).

Summary
The City owns two parcels located in the Target Area B Redevelopment Area,
comprised of approximately 12.1 acres, at the southwest corner of 24th Street and
Broadway Road, also known as Dr. Martin Luther King Jr. Boulevard (Site). City
Council authorized the acquisition of the Site in the early 2000s for blight elimination.
The zoning of the Site is split; the southern portion (approximately two-thirds of the
Site) is zoned R1-6 (Single-Family Residence District) and the northern portion is
zoned C-2 (Intermediate Commercial District). A portion of the Site was acquired using
Community Development Block Grant (CDBG) funds; and must meet certain grant
requirements prior to disposition and redevelopment.

Staff issued a Request for Information (RFI) for the Site on Jan. 9, 2021 to gather
creative concepts for future development and ascertain if market conditions support
the issuance of a solicitation for the disposition of the property; and if so, what types of
development elements the market will support. The City received five RFI responses,
which included concepts for mixed-use, housing, a neighborhood grocery store, a
variety of community-oriented services, and affordable housing. Staff shared the RFI
results with the community and conducted further community outreach to narrow the
scope of the Site's future development.

With City Council approval, staff will issue an RFP for the disposition and
redevelopment of the Site for a mixed-use, commercial development. The RFP will
emphasize the following uses, which were prioritized by the community:

1. Grocery Store
2. Medical Services
3. Sit-down restaurant(s)


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4. Entertainment
5. Retail

Staff anticipates the RFP will be issued in early 2023 and remain open for at least 90
days. Each proposer will be required to demonstrate experience successfully
completing at least one mixed-use development project within the last seven years.
Each proposer will be required to offer a value equal to the Site's appraisal, which is
currently underway. The offer may be a combination of cash payments and public
benefit, as eligible under the CDBG program.

Responsive proposals will be evaluated by a panel including City staff and community
representatives. The evaluation criteria will be:

· Concept to Activate the Site (0-375 points)
· Return to the City (0-325 points)
· Proposer's Qualifications, Experience and Financial Capacity (0-300 points)

Following negotiations with the recommended proposer, staff will present business
terms to the Economic Development and Equity (EDE) Subcommittee for review and
recommendation and subsequently to the full City Council for approval.

Concurrence/Previous Council Action
On Jan. 25, 2023, the EDE Subcommittee recommended approval of this request by a
4-0 vote.

Public Outreach
Staff hosted several community meetings to prepare for this request. All meetings were
held at the Broadway Heritage Neighborhood Resource Center:
· December 17, 2020: Presented overview of RFI.
· October 19, 2021: Presented RFI results.
· August 25, 2022: Presented information and gathered community input regarding
the RFP.
· October 5, 2022: Presented information and gathered community input regarding
the RFP.
· October 2022: Conducted a series of four focus groups with community members:
1. October 18, 2022: Affordable Housing
2. October 19, 2022: Commercial Opportunities
3. October 22, 2022: Cultural
4. October 25, 2022: Health & Wellness


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· November 14, 2022: Presented overview of community feedback received on the
RFP.

A community survey about the Site's future redevelopment was also conducted and
286 responses were received from community members.

Location
Southwest corner of 24th Street and Broadway Road (Dr. Martin Luther King Jr.
Boulevard)
Council District: 8

Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Alan Stephenson
and the Community and Economic Development and Neighborhood Services
departments.




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Apply for Federal Communications Commission Affordable Connectivity
Program Outreach Grant Opportunity for Federal Fiscal Years 2023-24 and 2024-
25 - Federal Bipartisan Infrastructure Law Funding (Ordinance S-49425)

Request to retroactively authorize the City Manager, or his designee, to apply for,
accept, and if awarded, enter into agreements for disbursement of funding from the
Federal Communications Commission (FCC) for the Federal Fiscal Years 2023-24
through 2024-25 Affordable Connectivity Program Outreach grant opportunity. If
awarded, the funding will be used to educate Phoenix residents about the Affordable
Connectivity Program (ACP) benefits and to enroll eligible Phoenix residents in the
ACP. Further request to authorize the City Treasurer to accept, and the City Controller
to disburse, all funds related to this item. Funding for this grant is available through the
Federal Bipartisan Infrastructure Law. The total grant funds applied for will not exceed
$788,000 and the City's local match would not exceed $20,000.

Summary
On Nov. 10, 2022, the FCC issued a Notice of Funding Opportunity (NOFO) for the
Affordable Connectivity Outreach Grant Program with an application deadline of Jan.
9, 2023. The City applied for the National Competitive Outreach Program element,
which has a $60 million allocation. Funding requests were limited to a range of
$50,000 and $1 million and the City's application requested $788,000 for a two-year
outreach program.

The City's proposal offers a multipronged approach to both educating Phoenix
residents about, and enrolling eligible Phoenix residents in, the ACP. City staff across
multiple departments, including the Community and Economic Development, Housing,
Human Services, Library and Neighborhood Services departments, will disseminate
information about ACP and application assistance options during regular customer
interactions. For example, staff serving emergency rental assistance applicants will
also share ACP information. Phoenix will also partner with schools and community
organizations to connect with residents through resources they know and trust. Digital
Navigators will staff in-person, bilingual application labs that will be promoted by both
City staff and partners as well as through social media marketing. The City will also
provide general information about the ACP and application assistance options through
its main phone line and monthly water services bill, and will pursue a social media


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campaign via Facebook, Twitter, and Google to reach individuals at a mass level.
While application assistance will be provided to eligible residents throughout Phoenix,
awareness efforts will focus on Qualified Census Tracts (QCTs), which are defined as
areas where at least 50 percent of households have incomes below 60 percent of the
Area Median Gross Income or the poverty rate is 25 percent or higher.

With a monthly $30 discount for internet service, which in some areas provides
residents with free service, and a one-time $100 discount for a laptop or computer, the
ACP would bring economic equity to Phoenix by bridging the digital divide for
households with income at or below 200 percent of the Federal Poverty Line or
participation in any of the following programs: Federal Public Housing Assistance, Free
and Reduced-Price School Meal Programs, Medicaid, Pell Grant, Social Security
Income, Special Supplemental Nutrition Program for Women, Infants, and Children,
Supplemental Nutrition Assistance Program, or Veterans Pension and Survivors
Benefit.

To assist with the implementation of this program, this request includes authorization to
fund one temporary full-time City staff position and the equivalent of approximately
three full-time temporary staff utilizing the City's contracted employment services
providers. The temporary contracted individuals will assist with the City's awareness
events and in-person application labs.

This request also seeks authorization to contract with up to 20 community
organizations as partners to implement this outreach plan. The City will partner with
community organizations, such as the Phoenix Revitalization Corporation, with
demonstrated connections to populations that meet the ACP's eligibility criteria and the
demonstrated ability to mobilize these populations to take action, such as attending an
awareness event or complete an assistance program application. The City
implemented similar partnerships for the PHXbizGrants in 2021-22 that resulted in
increasing grant awards to small businesses located in QCTs from 34 percent to 60
percent when compared to the City's 2020 small business grant program.

While cost-matching was not a requirement of the grant, application reviewers will
consider any proposed cost-matching in the event of a tie during the scoring process.
The City proposed the following in-kind contributions: 1) salaries and benefits for City
employees in customer serving positions who will promote the ACP and the City's
application assistance options as well as for City employees answering phone calls
about the program and application assistance; 2) space in City facilities for in-person
application labs; 3) computers/tablets for in-person application assistance; 4) webpage
development, hosting and updating; and 5) an ACP insert for the City Services bill
mailing to 386,000 residences.


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Financial Impact
The City's cost-match will not exceed $20,000, which is available in the Community
and Economic Development Department's operating budget. All other proposed costs
will be funded by the ACP Outreach Grant, should the City's application be funded.

Responsible Department
This item is submitted by Deputy City Managers Mario Paniagua and Ginger Spencer
and the Community and Economic Development Department.




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Stage Drapery for Phoenix Convention Center Theaters Contract IFB 20-007-
Request for Award (Ordinance S-49408)

Request to authorize the City Manager, or his designee, to enter into a contract with
Rose Brand Wipers Inc., to provide theater acoustical stage curtains and masking for
the Phoenix Convention Center Department (PCCD). Further request to authorize the
City Controller to disburse all funds related to this item. The total value of the contract
will not exceed $628,000.

Summary
This contract will provide replacement theater acoustical stage curtains and masking at
Symphony Hall, Orpheum, and Herberger Theatres that are approaching the end of
manufacturer expected lifecycle. This contract will replace the existing stage drapery
inventory with new materials that meet the latest safety standards. Theatrical
acoustical stage curtains and masking are a crucial component when providing a fully
functional and safe theatrical stage environment.

Procurement Information
An Invitation for Bid procurement was processed in accordance with City of Phoenix
Administrative Regulation 3.10.

One vendor submitted a proposal deemed to be responsive to the posted
specifications and responsible to provide the required goods and services. Following
an evaluation based on price, the procurement officer recommends award to the
following vendor:

Rose Brand Wipers Inc., $358,480

Contract Term
The contract will begin on or about March 1, 2023, for a five-year term with no options
to extend.

Financial Impact
The aggregate contract value will not exceed $628,000.



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Funding is available in the Phoenix Convention Center Department Operating budget.

Location
Symphony Hall, 75 N 2nd St
Orpheum Theatre, 203 W Adams St
Herberger Theatre, 222 E Monroe St
Council District: 7 and 8

Responsible Department
This item is submitted by Deputy City Manager Inger Erickson and the Phoenix
Convention Center Department.




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Authorization to Enter into Agreement with Bureau of Alcohol, Tobacco,
Firearms and Explosives for Reimbursement of Police Services (Ordinance S-
49427)

Request retroactive authorization for the City Manager, or his designee, to authorize
the Police Department to enter into an agreement with the Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF) to accept funds for police services in an amount not to
exceed $875,000. Further request authorization for the City Treasurer to accept, and
for the City Controller to disburse, all funds related to this item.

Summary
The purpose of this agreement is to support the Police Department's involvement in an
ATF task forces. Officers will be assigned to assist ATF in investigations pertaining to
violations of federal, state, and local laws. To the maximum extent possible, the officers
will be assigned on a dedicated basis, rather than rotational. In return, ATF will
reimburse the City for approved overtime expenses and other costs including, but not
limited to, travel, fuel, training and equipment costs incurred by the Police Department
while providing resources to assist in ATF task force-related investigations.

The Police Department has partnered with ATF under similar agreements over the past
11 years.

Contract Term
The contract term will be for five years, from Oct. 1, 2022 through Sept. 30, 2027.

Financial Impact
The cost to the City are related fringe benefits and in-kind resources.

Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Police Department.




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Sale of Unclaimed and Forfeited Firearms Contract - Requirements Contract -
RFP 22-113 (Ordinance S-49428)

Request to authorize the City Manager, or his designee, to enter into a contract with
Sierra Tactical Auctions Inc. to provide auctioneering services for unclaimed and
forfeited firearms on an as-needed basis for the Phoenix Police Department (PPD).
Further request to authorize the City Treasurer to accept funds related to this item.

Summary
This contract will provide auctioneering services to facilitate the sale of firearms. The
City selected a vendor, a federally licensed firearms dealer, to sell forfeited and
unclaimed firearms pursuant to A.R.S. section 13-3105 and A.R.S. section 12-945,
respectively, unless the firearms are prohibited from being sold under federal or state
law. Currently, the contract will be used to facilitate ONLY the sale of firearms which
are subject to court ordered forfeiture and sale. The contract will be paid through
proceeds received from the sale of the City's property and revenue will be deposited to
the City's General Funds account.

Procurement Information
A Request for Proposal procurement was processed in accordance with City of
Phoenix Administrative Regulation 3.10.

Three vendors submitted proposals deemed responsive and responsible. An
evaluation committee of City staff evaluated those offers based on the following criteria
with a maximum possible total of 1,000 points.

Experience and Qualifications: 400 points
Method of Approach: 350 points
Price: 250 points

After reaching consensus, the evaluation committee recommends award to the
following vendor:

Sierra Tactical Auctions Inc: 912.5 total points



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Contract Term
The contract will begin on or about Feb. 15, 2023, for a five-year term with no options
to extend.

Financial Impact
This is a revenue generating contract for the City of Phoenix. No public funds will be
expended.

Responsible Department
This item is submitted by Assistant City Manager Lori Bays, and the Police and
Finance departments.




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***ITEM CORRECTED (SEE ATTACHED MEMO)*** Request Authorization to Add
Funds to Proforce Law Enforcement Contract (Ordinance S-49432)

Request to authorize the City Manager, or his designee, to allow additional
expenditures under Contract 148961 with Proforce Law Enforcement to purchase
police duty gear for the Police Department. Further request authorization for the City
Controller to disburse all funds related to this item. The additional expenditures will not
exceed $320,000.

Summary
The Phoenix Police Department is responsible for providing firearms to all sworn
employees. The current duty weapon is a Glock model 45 9mm. This is a necessary
tool for the protection of sworn staff and the residents of Phoenix. Over the next year,
the department plans to hire 300 to 400 new officers that will need to be issued a duty
firearm. In addition, the department is in the process of transitioning its active inventory
from the model 45 9mm firearm to the 40-caliber model firearm. The department is
requesting to add $320,000 to the current contract.

Contract Term
The contract term is Dec. 1, 2018 through Nov. 30, 2023.

Financial Impact
Upon approval of $320,000 in additional funds, the revised aggregate value of the
contract will not exceed $1,070,000. Funds are available in the Police Department’s
budget.

Previous Council Action
The City Council approved Contract 148961 with Proforce Law Enforcement on Dec.
5, 2018.

Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Police Department.




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Request Authorization to Apply for, Accept and Enter Into Agreements for Fiscal
Year 2023-24 Governor's Office of Highway Safety Grants (Ordinance S-49434)

Request to authorize the City Manager, or his designee, to allow staff to apply for,
accept and enter into grant contracts for Fiscal Year 2023-24 with the Arizona
Governor's Office of Highway Safety (GOHS), which includes funding from the DUI
Abatement Council and Proposition 207 funding. Further request authorization for the
City Treasurer to accept, and the City Controller to disburse, all funds related to this
item.

Summary
The GOHS announced the availability of funding in January 2023. Grant proposals are
due by March 3, 2023. If awarded, these funds will be used to support new traffic
safety programs and enhance existing programs in the City Prosecutor's Office, as well
as the Fire, Street Transportation, and Police departments. The total Citywide request
for funding is $5,867,000.

City Prosecutor's Office - Total Funding Request $255,000

Traffic Safety Resource Prosecutor: If awarded, grant funds will be used to pay the
salary, expenses, supplies and travel for an existing Traffic Safety Resource
Prosecutor (TSRP), Attorney IV. Approximately half of the funding will be sought from
the Oversight Council on Driving or Operating Under the Influence Abatement Council.
The other half will be requested through a grant from GOHS. GOHS will administer all
funds. The TSRP program has four primary objectives, including to:

· Provide training for prosecutors and law enforcement officers in the prosecution of
traffic safety related crimes.
· Act as a resource for questions about traffic laws and trial advocacy.
· Improve communication between prosecutors, law enforcement officers, and
members of the judiciary.
· Act as a liaison for individuals and agencies committed to the enforcement and
prosecution of traffic safety related crimes.




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GOHS has funded the TSRP program since its inception in 2007. Though the grant
project is administered by the City pf Phoenix, it also benefits citizens, law
enforcement, and prosecutors across the State of Arizona. The TSRP is a resource to
both small and large jurisdictions for legal issues related to the enforcement of DUI
and traffic laws. The TSRP also provides training to prosecutors, law enforcement
officers, crime lab personnel, interns and community groups. It is anticipated that up to
$30,000 of employee-related expenses will need to be covered by City general funds.

Fire Department - Total Funding Request $460,000

Occupant Protection and Child Car Seat Program: Funding will be requested for
training, overtime, related fringe benefits, materials, public education and equipment
related to child safety seats and seat belt usage. This funding will maintain current
occupant protection efforts and increase the frequency for conducting child safety
technician certification and recertification classes; increase the opportunities to
educate residents at car seat check events, increase the number of locations of
designated car seat check fitting stations to enhance geographical outreach; and to
enhance outreach for occupant protection public education in K-12 schools.

(DUI) Youth Alcohol Awareness: Funding will be requested for overtime and related
fringe benefits, materials, and equipment related to high school education campaigns
including dramatic mock crashes and classroom education. The program informs
young drivers of the danger of distracted driving, alcohol, and other drug impairment
with the goal of decreasing preventable injuries and fatalities associated with impaired
and distracted driving.

Bicycle and Pedestrian Safety: Funding will be requested for overtime, related fringe
benefits, materials, and equipment related to education campaigns to increase safety
awareness, traffic awareness, and skills necessary for young pedestrians and
bicyclists. This program provides bike rodeos for young cyclists, bike and pedestrian
school safety assemblies, and public education opportunities at community safety fairs
and events.

Distracted Driving: Funding will be requested for overtime and related fringe benefits,
materials, and equipment related to high school education campaigns including teen
and adult education to build a program focused on eliminating or minimizing injuries
and deaths from a preventable choice to drive distracted. The program will include
educating drivers to recognize distractions; taking your hands of the wheel to adjust
electronic devices in the vehicle, texting or talking on cell phones; visual and mentally
focusing on the primary task of driving. The program informs young drivers of the
danger of distracted driving, with the goal of decreasing preventable injuries and


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fatalities associated with distracted driving.

Police Department - Total Funding Request $5,000,000

DUI Enforcement (Traffic Bureau): Funding will provide training, overtime, related
fringe benefits and equipment to support and enhance DUI enforcement within the City
of Phoenix and joint enforcement efforts throughout the valley.

Occupant Protection (Traffic Bureau): Funding will provide training, materials, supplies,
overtime and related fringe benefits associated with Click It or Ticket enforcement
activities, child passenger safety technician certification classes, car seat events,
Buckle Up, Baby Hotline and various seatbelt enforcement campaigns.

Pedestrian and Bicycle Safety (Traffic Bureau): Funding will provide training, materials,
supplies, overtime and related fringe benefits associated with education and
enforcement campaigns designed to increase safety awareness, traffic law knowledge,
and skills among pedestrians and bicyclists.

Traffic Services (Traffic Bureau): Funding will provide training, materials, supplies,
equipment (radar/laser speed detection devices), overtime and related fringe benefits
associated with education and enforcement campaigns, such as Traffic Impact
Programs, school zone enforcement, construction zone enforcement, Traffic Complaint
Hotline enforcement, and selective traffic enforcement programs.

DUI Abatement Council DUI (Traffic Bureau): Funding will be requested from the DUI
Abatement Council for overtime and related fringe benefits associated with DUI
enforcement and innovative Know Your Limit Programs.

Proposition 207 Funding (Traffic Bureau): Funding will be requested for training,
overtime, related fringe benefits, and equipment to support and enhance DUI
enforcement, pedestrian and bicycle safety, occupant protection, and traffic services
within the City of Phoenix.

Street Transportation Department - Total Funding Request $152,000

Roadway Safety/Safety Advertising Campaign: This funding will promote the
advertising campaign and tools for school, bicycle, and pedestrian/driver safety.
Requests for Pedestrian and Bicycle Safety includes funds for pedestrian safety vest,
LED/non-LED flashing stop paddles, roll out signs, and educational/advestising
campaigns.



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Contract Term
One year beginning Oct. 1, 2023 through Sept. 30, 2024. The contract term for
Proposition 207 funds is Jan. 1, 2024 through Dec. 31, 2024.

Financial Impact
Total funding request is $5,867,000. The cost to the City is personnel expenses and in-
kind resources only.

Responsible Department
This item is submitted by Assistant City Manager Lori Bays and Deputy City Manager
Mario Paniagua, the City Prosecutor's Office and the Fire, Street Transportation and
Police departments.




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Lumacurve Airfield Signs and Parts Contract - RFA 23-011 Request for Award
(Ordinance S-49412)

Request to authorize the City Manager, or his designee, to enter into a contract with
Standard Signs, Inc. for Lumacurve taxiway and runway (Airfield) signs and
replacement parts at Phoenix Sky Harbor International Airport, Phoenix Deer Valley
Airport and Goodyear Airport (Airports) for the Aviation Department. Further request to
authorize the City Controller to disburse all funds related to this item. The total value of
the contract will be up to $2,000,000.

Summary
This contract will provide Lumacurve Airfield signs, which are manufactured in
accordance with Federal Aviation Administration (FAA) requirements. This signage is
critical in the safe transition of aircraft to and from the taxiways, runways, and gates.
Per the FAA advisory circular, airports are required to use Original Equipment
Manufacturer (OEM) parts in order to make repairs to the equipment. These repairs
can be time critical, and the ability to transition aircraft, along with maintaining arrival
and departure rates, can become mission critical to FAA Air Traffic Controllers.

Procurement Information
In accordance with Administrative Regulation 3.10, standard competition was waived
as a result of an approved Determination Memo based on the following reason:
Special Circumstances Without Competition/Restrictive Specifications. In order for the
Airports to maintain their certification, the Airports must use OEM parts and equipment
to maintain the taxiway and runway airfield signage. Standard Signs, Inc. is the OEM
manufacturer of Lumacurve Airfield signs.

Contract Term
The contract will begin on or about March 1, 2023 for a five-year term with no options
to extend.

Financial Impact
The contract value for this contract will be up to $2,000,000 for the five-year contract
term.



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Funding is available in the Aviation Department's budget.

Location
Phoenix Sky Harbor International Airport, Deer Valley Airport, and Goodyear Airport
Council Districts: 1, 8 and Out of City

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation
Department.




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Item text
Preventative Maintenance and Repair Services for Airfield Lighting Controls and
Monitoring Systems - AVN IFB 18-022 - Amendment (Ordinance S-49417)

Request to authorize the City Manager, or his designee, to execute an amendment to
Contract 147079 with ADB Safegate Americas LLC (ADB) to extend the term for six
months with an additional six one-month options to continue providing the preventative
maintenance and repair services to the Airfield Lighting Controls and Monitoring
Systems (ALCMS), which control runway, taxiway, and airfield sign lighting at Phoenix
Sky Harbor International Airport, Phoenix Deer Valley Airport and Phoenix Goodyear
Airport. Further request to authorize the City Controller to disburse all funds related to
this item. The additional expenditures will be up to $50,000.

Summary
With the growing threat of cyber crime, the City of Phoenix Information Technology
Services department (ITS) and Transportation Security Administration (TSA) have
recently added new cyber security mandates that have become part of the Airport
Security Plan. The current ALCMS provided by ADB has been certified by the Federal
Aviation Administration (FAA) and the addition of the new cyber security mandates
may require re-certification. This extension will allow ITS and ADB to finalize and
incorporate the required cyber security revisions into the system specifications and
remain compliant with federal regulations.

This item has been reviewed and approved by ITS.

Contract Term
The amendment will extend the term of the contract six months with six one-month
options for up to an one additional year beyond the original contract term. The options
will be exercised at the sole discretion of the Aviation Director.

Financial Impact
The cost to extend the current contract will be up to $50,000, and the revised total
value of the contract will be up to $450,000 for the contract term. Funds are available
in the Aviation Department’s budget.




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Concurrence/Previous Council Action
Council previously approved Contract 147079 (Ordinance S-44291) on Feb. 21, 2018.

Location
· Phoenix Sky Harbor International Airport- 2485 E. Buckeye Road
· Phoenix Deer Valley Airport - 702 W. Deer Valley Road
· Phoenix Goodyear Airport - 1658 S. Litchfield Road, Goodyear, AZ

Council Districts: 1, 8 and Out of City

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation
Department.




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Ground Lease with Cutter Aviation Phoenix, Inc at 2805 E. Old Tower Road
(Ordinance S-49430)

Request to authorize the City Manager, or his designee, to execute a Ground Lease
with Cutter Aviation Phoenix, Inc. for 46,200 square feet of Aviation-owned land
located at 2805 E. Old Tower Road at Phoenix Sky Harbor International Airport.
Further request that City Treasurer to accept all funds related to this item.

Summary
Cutter Aviation Phoenix, Inc. is requesting to lease approximately 46,200 square feet
of vacant land at Phoenix Sky Harbor International Airport for the purpose of improving
the vacant lot into an improved parking lot conforming to City of Phoenix standards.
The parking lot will be used for employee and guest parking in support of Cutter
Aviation's on airport Fixed Based Operator business which adjoins the parcel.

Contract Term
The lease term for this Ground Lease is five years with no extension options.

Financial Impact
Annual revenue will be approximately $48,510.00. Rent will be adjusted annually
beginning in lease year four by three percent. Rent credits will be provided in the
amount of $145,500, to be applied in equal monthly amounts over the term of the
agreement. The rent adjustment of three percent will be applied to the full rent amount,
not the net rent amount after the rent credits are applied. Total net revenue generated
over the lease term is approximately $105,876.

Concurrence/Previous Council Action
The Business Development Subcommittee recommended approval of the item on Jan.
5, 2023 by a vote of 8-0.

The Phoenix Aviation Advisory Board recommended City Council approval of this item
on Jan. 19, 2023 by a vote of 7-0.

Location
2805 E. Old Tower Road


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Council District: 8

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Aviation
Department.




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Fuel Island Cleaning Contract - Contract Recommendation (Ordinance S-49405)

Request to authorize the City Manager, or his designee, to enter into an agreement
with Kary Environmental Service Inc., to provide fuel island cleaning services. Further
request authorization for the City Controller to disburse all funds related to this item.
The agreement will have a total value of $355,065.

Summary
The Public Works Department has 18 fuel island locations throughout the City that are
required to be cleaned and maintained. The fuel islands must be cleaned to sufficiently
remove grease, oil, dirt, refuse, and grime accumulation. Kary Environmental will
provide this service in compliance with Arizona Department of Environmental Quality
(ADEQ) requirements and use high pressure, low-volume pressure washing, closely
monitoring the amount of water used to prevent runoff.

Procurement Information
Invitation for Bid (IFB) 23-FSD-030 was conducted in accordance with Administrative
Regulation 3.10. The Public Works Department received five bids on Nov. 9, 2022.
Kary Environmental is the lowest responsive and responsible bidder. The bid
evaluation occurred based on a grand total with the below bid submissions:

Kary Environmental: $58,810
Bio Janitorial Service Inc.: $62,385.32
A Mind for Detail Inc.: $89,700
Fleetwash Inc.: $213,850
Environmental Management: $266,730.62

Contract Term
This agreement will begin on or about March 3, 2023 for an initial three-year term, with
two option years, to be exercised in increments of up to one year, with a total contract
term of five years.

Financial Impact
This item will have an estimated annual expenditure of $71,013, with a total aggregate
amount of $355,065. Funds are available in the Public Works Department's budget.


Page 124


Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Public Works
Department.




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Traffic Sign Blanks, Bases, Posts, and Installation Hardware Contract - IFB 23-
027 Request for Award (Ordinance S-49411)

Request to authorize the City Manager, or his designee, to enter into contracts with
Mandel Metals Inc dba US Standard Sign Co, Xcessories Squared Southwest Inc,
Pacific Products and Services LLC, Interwest Safety Supply LLC, and Safeway Sign
Co to provide traffic sign blanks, bases, posts, and installation hardware for the Street
Transportation Department. Further request to authorize the City Controller to disburse
all funds related to this item. The total value of the contracts will not exceed
$1,800,000.

Summary
This contract will provide aluminum sign blanks, bases, posts, and installation
hardware. These products will allow the Traffic Services Division to create and install
directional and warning street signage for the safe, efficient, and convenient movement
of pedestrians and vehicles on City streets. The sign blanks and related components
are needed to maintain existing traffic signage, support the expansion of City
roadways, and replace damaged traffic signage due to collisions or severe weather
events.

Procurement Information
An Invitation for Bid procurement was processed in accordance with City of Phoenix
Administrative Regulation 3.10.

Nine vendors submitted bids deemed to be responsive to posted specifications and
responsible to provide the required goods and services. Following an evaluation based
on price, the procurement officer recommends award to the following vendors:

Selected Bidders
Mandel Metals Inc dba US Standard Sign Co
Xcessories Squared Southwest Inc
Pacific Products and Services LLC
Interwest Safey Supply LLC
Safeway Sign Co



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Contract Term
The contracts will begin on or about Feb. 15, 2023, for a five-year term.

Financial Impact
The aggregate contract value will not exceed $1,800,000.

Funding is available in the Street Transportation Department's Operating budget.

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Street
Transportation Department.




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Fiscal Year 2020 Federal Tap HAWK Installation - Design-Bid-Build Services -
ST89330233 (Ordinance S-49415)

Request to authorize the City Manager, or his designee, to accept AJP Electric, Inc. as
the lowest-priced, responsive and responsible bidder and to enter into an agreement
with AJP Electric, Inc. for Design-Bid-Build Services for the Fiscal Year 2020 Federal
Tap High-intensity Activated Crosswalk Installation project. Further request to authorize
the City Controller to disburse all funds related to this item. The fee for services will not
exceed $2,967,006.

Summary
The purpose of this project is to provide safe and Americans with Disabilities Act (ADA)
compliant pedestrian crossings.

AJP Electric, Inc.'s services include, but are not limited to: new ADA compliant ramps
and new High-intensity Activated Crosswalk (HAWK) signals at the multiple locations.

Procurement Information
The selection was made using an Invitation for Bids procurement process set forth in
section 34-201 of the Arizona Revised Statutes. One bid was received on Dec. 20,
2022 and were sent to the Equal Opportunity Department for review to determine
subcontractor eligibility and contractor responsiveness in demonstrating
responsiveness to Disadvantaged Business Enterprise (DBE) program requirements.

The Opinion of Probable Cost and the one lowest responsive, responsible bidders are
listed below:

Opinion of Probable Cost: $2,166,008
AJP Electric, Inc. $2,967,006

Although the bid exceeds the Opinion of Probable Cost by more than 10 percent, it has
been determined the bid represents a fair and reasonable price for the required work
scope. Additionally, the bid award amount is within the total budget for this project.




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Contract Term
The term of the agreement is 360 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 AJP Electric, Inc. will not exceed $2,967,006, including all
subcontractor and reimbursable costs.

This project will utilize federal funds and is subject to the requirements of 49 Code of
Federal Regulations Part 26 and the U.S. Department of Transportation DBE Program.
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.

Public Outreach
AJP Electric, Inc. will work with the City of Phoenix Street Transportation Department
on public outreach, if needed.

Location
· Thomas Rd. and Dayton St.
· Buckeye Rd. and 16th Ave.
· Colter St. and 7th Ave.
· Osborn Rd. and 13th Ave.
· Peoria Ave. and 17th Ave.
· Virginia Ave. and 16th St.
Council Districts: 3, 4 and 8

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua, the Street
Transportation Department, and the City Engineer.




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27th Avenue and Thomas Road Burlington Northern-Santa Fe Railroad Crossing
- Design-Bid-Build Services - ST85100198 (Ordinance S-49418)

Request to authorize the City Manager, or his designee, to enter into an agreement
with Combs Construction Company, Inc. for Design-Bid-Build Services for the 27th
Avenue and Thomas Road Burlington Northern-Santa Fe Railroad Crossing REBID
project. Further request to authorize the City Controller to disburse all funds related to
this item. The fee for services will not exceed $3,401,090.

Summary
The purpose of this project is to provide construction services that will enhance the
safety of the Burlington Northern-Santa Fe Railroad crossings at the intersection of
27th Avenue and Thomas Road.

Combs Construction Company Inc’s services include, but are not limited to: new curbs,
gutters, sidewalks, ramps, pavement restoration, traffic signal upgrades, and
installation of new cantilevers and railroad gate arms.

Procurement Information
The selection was made using an Invitation for Bids procurement process set forth in
section 34-201 of the Arizona Revised Statutes. Two bids were received on Dec. 20,
2022 and were sent to the Equal Opportunity Department for review to determine
subcontractor eligibility and contractor responsiveness in demonstrating
responsiveness to Disadvantaged Business Enterprise (DBE) program requirements.

The Opinion of Probable Cost and the two lowest responsive, responsible bidders are
listed below:

Opinion of Probable Cost: $2,154,267
Combs Construction Company, Inc.: $3,401,090
Hunter Contracting Co.: $4,322,440.09

Although the bid exceeds the Opinion of Probable Cost by more than 10 percent, it has
been determined the bid represents a fair and reasonable price for the required work
scope. Additionally, the bid award amount is within the total budget for this project.


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The reasons for the variance from the Opinion of Probable Cost to the lowest,
responsive, responsible bid are lack of competing bidders and continued price
escalation in the construction market.

Contract Term
The term of the agreement is 240 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 Combs Construction Company, Inc. will not exceed
$3,401,090, including all subcontractor and reimbursable costs.

This project will utilize federal funds and is subject to the requirements of 49 Code of
Federal Regulations Part 26 and the U. S. Department of Transportation DBE
Program. 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
27th Avenue and Thomas Road
Council Districts: 4 and 7

Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua, the Street
Transportation Department, and the City Engineer.




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Citywide Capital Project Landscape Construction - Job Order Contract Services
Amendment - 4108JOC204 (Ordinance S-49426)

Request to authorize the City Manager, or his designee, to execute an amendment to
Agreements 156010 with DNG Construction, LLC and 156011 with Valley Rain
Construction Corporation to provide continued Landscape Construction Job Order
Contract Services for capital projects citywide and to authorize execution of Job Order
Agreements in an amount not to exceed $4 million each. 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.

Summary
The purpose of this Job Order Contract (JOC) is to provide construction or placement
of park structures, restrooms, storage facilities, ramadas, and park furniture;
construction of multi-use trails and pedestrian bridges; installation of sports fields to
include natural and artificial turf, replacement or new installation of concrete curbs,
gutters, sidewalks, sport courts, and asphalt paving; removal and replacement of
existing landscape; installation of new irrigation systems; solar lighting and
enhancement projects; and irrigation, flooding, and water remediation projects
delivered through individual Job Order Agreements (JOA) on capital projects citywide.

This amendment is necessary because unprecedented inflation and cost increases for
labor and materials within the industry has led to significant cost escalation for
construction projects to be completed. The current JOCs have a $2 million per JOA
cap. The increase to a $4 million per JOA cap will allow for execution of numerous
Parks and Recreation Department Capital Improvement Program projects, which are
completed by utilizing this JOC. This amendment will allow for Job Order Agreements
to be executed at a fee not to exceed $4 million each.

Contract Term
The contract term of five years remains unchanged. 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.


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Financial Impact
The initial agreement value for each of the Citywide Landscape Construction JOCs
was approved for an amount not to exceed $35 million, including all subcontractor and
reimbursable costs. The agreement value for each JOC remains unchanged.

Concurrence/Previous Council Action
The City Council approved:
· Citywide Job Order Contracting Services Agreements 156010 and 156011
(Ordinance S-48423) on March 23, 2022.

Responsible Department
This item is submitted by Deputy City Managers Inger Erickson and Mario Paniagua,
the Parks and Recreation Department, and the City Engineer.




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Fire Station 62 - Construction Manager at Risk Construction Services -
FD57100027 (Ordinance S-49433)

Request to authorize the City Manager, or his designee, to enter into an agreement
with Core Construction, Inc. to provide Construction Manager at Risk Construction
Services for the Fire Station 62 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. Council authorization is requested to utilize $12 million in existing excise tax
bond proceeds as a source of funding. The fee for services will not exceed $18.6
million.

Summary
The purpose of this project is to build a new one-story fire station with four apparatus
bays and 16 dorms to enable Fire Department staff to support the surrounding
community and provide faster response time to calls.

Core Construction, Inc.'s initial services will include preparation of a Guaranteed
Maximum Price (GMP) 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. Core Construction, Inc. will be responsible for
construction means and methods related to the project and fulfilling the SBE program
requirements. Core Construction, Inc. will be required to solicit bids from prequalified
subcontractors and to perform the work using the City’s subcontractor selection
process. Core Construction, Inc. may also compete to self-perform limited amounts of
work.

Core Construction, Inc.'s services include, but are not limited to: selecting
subcontractors/suppliers; preparing GMP proposals to meet approval of City;
coordinating with various City of Phoenix departments, other agencies, and utility
companies; arranging for procurement of materials and equipment; bidding, awarding,
and managing all construction related contracts while meeting City bid requirements
including the local and SBE participation goal; addressing all permitting requirements;
bonding and insuring the construction; and performing other related work for a
complete project.


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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.

Contract Term
The term of the agreement is five years 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 Core Construction, Inc. will not exceed $18.6 million including
all subcontractor and reimbursable costs.

Funding is available in the Fire Department's Capital Improvement Program budget.
Council authorization is requested to utilize $12 million in existing excise tax bond
proceeds as a source of funding. 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 Agreement 155325 (Ordinance S-48003) on Oct. 6,
2021.

Location
Approximately 99th Avenue and north side of Lower Buckeye Road within City-owned
property.
Council District: 7

Responsible Department
This item is submitted by Assistant City Manager Lori Bays, Deputy City Manager
Mario Paniagua, the Fire Department and the City Engineer.




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Maryvale Parkway Terrace Remodel - Design-Bid-Build Services - AH10150002
(Ordinance S-49441)

Request to authorize the City Manager, or his designee, to accept Blackhawk
Construction, LLC as the lowest-priced, responsive and responsible bidder and to
enter into an agreement with Blackhawk Construction, LLC for Design-Bid-Build
Services for the Maryvale Parkway Terrace (REBID) project. Further request to
authorize the City Controller to disburse all funds related to this item. The fee for
services will not exceed $10,435,000.00.

Summary
The purpose of this project is to remodel all 108 one-bedroom units and the community
center.

Blackhawk Construction, LLC's services include, but are not limited to: install all new
kitchen and bathroom cabinetry, appliances, interior doors, and flooring; all new
electrical and plumbing fixtures; new supply and waste plumbing; new fan coil, and
some electrical upgrades. The community center will receive new paint, flooring, space
reconfiguration, windows, and other work as required for a complete project.

Procurement Information
The selection was made using an Invitation for Bids procurement process set forth in
section 34-201 of the Arizona Revised Statutes. One bid was received on Feb. 7,
2023.

The Opinion of Probable Cost and the one lowest responsive, responsible bidder is
listed below:

Opinion of Probable Cost : $11,039,779.00
Blackhawk Construction, LLC: $10,435,000.00

The bid award amount is within the total budget for this project.

Contract Term
The term of the agreement is 420 calendar days from issuance of the Notice to


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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 Blackhawk Construction, LLC will not exceed
$10,435,000.00, including all subcontractor and reimbursable costs.

This project will utilize federal funds. Funding is available in the Housing 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.

Public Outreach
The firm will work with the City of Phoenix Housing Department on public outreach, if
needed.

Location
4545 N. Maryvale Parkway
Council District: 5

Responsible Department
This item is submitted by Deputy City Managers Gina Montes and Mario Paniagua, the
Housing Department, and the City Engineer.




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Intergovernmental Agreement for Heterotrophic Plate Count Water Sample
Analysis with Arizona Department of Health Services (Ordinance S-49420)

Request to authorize the City Manager, or his designee, to execute an amendment to
Intergovernmental Agreement 151566 with the Arizona Department of Health Services
to approve an increase in price per analyzed sample.

Summary
The purpose of the amendment is to increase the price per sample that Arizona
Department of Health Services (ADHS) pays to the City of Phoenix Water Services
Department Compliance Laboratory (WSDCL) for Heterotrophic Plate Count (HPC)
Water Analysis. WSDCL is licensed to perform HPC testing on water samples and
performs testing on approximately one to three water samples per month on samples
provided by ADHS. WSDCL also provides: sampling kits used in the testing process;
forms to be completed and submitted with the samples; preliminary result reports, as
requested; and issuance of a final report containing the results of testing. ADHS
currently pays $70 per analyzed sample we are requesting approval to increase to $73
per analyzed sample.

Contract Term
The term of this agreement is for a period of five years beginning on July 1, 2019.

Financial Impact
If approved, ADHS will pay the City $73 per analyzed sample with an estimated annual
revenue generation of $2,628 and an aggregate amount of $13,140.

Concurrence/Previous Council Action
The City Council approved Intergovernmental Agreement for Heterotrophic Plate
Count Water Sample Analysis with Arizona Department of Health Services (Ordinance
S-46066) on October 2, 2019.

Location
23rd Avenue Wastewater Treatment Plant
Council District: 7



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Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Water Services
Department.




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Water Services Department and Arizona State University Strategic Partnership
Intergovernmental Agreement (Ordinance S-49422)

Request authorization for the City Manager, or his designee, to enter into an
Intergovernmental Agreement with Arizona State University for water- and wastewater-
related research initiatives, for a total not to exceed $750,000. Further request
authorization for the City Controller to disburse all funds related to this item.

Summary
The City of Phoenix Water Services Department (WSD) partners with Arizona State
University on various research and university-related initiatives related to its water and
wastewater utilities. Topics may include, but are not limited to: water conservation
education and outreach, water consumption patterns, water demand forecasting, water
quality, water resource management, climate change and its impacts on water quality
and quantity, water and wastewater treatment techniques, energy usage in water and
wastewater utilities, statistical analysis of large data sets, industrial water use,
workforce planning and development, warehousing and inventory management, asset
management, riparian restoration, capital improvement project procurement methods,
water education and outreach, construction engineering, industrial discharge, drinking
water aesthetics, wetland management, growth and land use, premise plumbing, and
watershed management. WSD wishes to streamline these various efforts into one
funding and partnership agreement and to establish an annual internship program
through which students work directly with WSD on these and other initiatives.

Contract Term
The term of the Intergovernmental Agreement will begin on or about March 1, 2023
and shall be for three years. Provisions of this agreement include two options to
extend the term for one additional year each, which may be exercised by the City
Manager or designee.

Financial Impact
The cost to the City of Phoenix to fund this Agreement is $750,000. Funding is
available in the Water Services Department's operating budget. Payments may be
made up to the agreement limits for all rendered services, which may extend past the
agreement termination.


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Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Water Services
Department.




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Water Services Department and University of Arizona Strategic Partnership
Intergovernmental Agreement (Ordinance S-49423)

Request authorization for the City Manager, or his designee, to enter into an
Intergovernmental Agreement with the University of Arizona for water- and wastewater-
related research initiatives, for a total not to exceed $500,000. Further request
authorization for the City Controller to disburse all funds related to this item.

Summary
The City of Phoenix Water Services Department (WSD) partners with the University of
Arizona on various research and university-related initiatives related to its water and
wastewater utilities. Topics may include, but are not limited to: water conservation
education and outreach, water consumption patterns, water demand forecasting, water
quality, water resource management, climate change and its impacts on water quality
and quantity, water and wastewater treatment techniques, energy usage in water and
wastewater utilities, statistical analysis of large data sets, industrial water use,
workforce planning and development, warehousing and inventory management, asset
management, riparian restoration, capital improvement project procurement methods,
water education and outreach, construction engineering, industrial discharge, drinking
water aesthetics, wetland management, growth and land use, premise plumbing, and
watershed management. WSD wishes to streamline these various efforts into one
funding and partnership agreement and to establish an annual internship program
through which students work directly with WSD on these and other initiatives.

Contract Term
The term of the Intergovernmental Agreement will begin on or about March 1, 2023
and shall be for three years. Provisions of this agreement include two options to
extend the term for one additional year each, which may be exercised by the City
Manager or his designee.

Financial Impact
The cost to the City of Phoenix to fund this Agreement is $500,000. Funding is
available in the Water Services Department's operating budget. Payments may be
made up to the agreement limits for all rendered services, which may extend past the
agreement termination.


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Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Water Services
Department.




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Final Plat - North Valley Industrial Park Phase IV - PLAT 220092 - 200 E. Pinnacle
Peak Road

Plat: 220092
Project: 21-1777
Name of Plat: North Valley Industrial Park Phase IV
Owner: AZ Deer Valley Industrial, LP
Engineer: Geoffrey K. Brimhall, RLS
Request: A One-Lot Commercial Plat
Reviewed by Staff: Jan. 9, 2023
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 200 E. Pinnacle Peak Road
Council District: 1

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.




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Final Plat - Village at Carver Mountain - PLAT 220045 - North of Dobbins Road
and West of 59th Avenue

Plat: 220045
Project: 20-3214
Name of Plat: Village at Carver Mountain
Owner: Village at Carver Mountain, LLC
Engineer: Richard G. Alcocer, RLS
Request: A One-Lot Commercial Plat
Reviewed by Staff: Jan. 10, 2023
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 north of Dobbins Road and west of 59th Avenue
Council District: 7

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.




Page 145



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Item text
Final Plat - 601 N Central - PLAT 220061 - 601 N. Central Ave.

Plat: 220061
Project: 21-5688
Name of Plat: 601 N Central
Owner: 601 Central Oz Owner, LLC
Engineer: Daniel D. Armijo, RLS
Request: A One-Lot Commercial Plat
Reviewed by Staff: Jan. 10, 2023
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 220003. The
sequence of recording is that the resolution of abandonment is recorded first, and the
plat second.

Location
Generally located at 601 N. Central Ave.
Council District: 7

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.




Page 146



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Item text
Abandonment of Easement - ABND 220023 - 21411 N. 14th Ave. (Resolution
22100)

Abandonment: ABND 220023
Project: 93-00003726
Applicant(s): Hogan Properties, LLC
Request: To abandon the temporary turnaround easement located on 21411 N. 14th
Ave.
Date of Decision/Hearing: May 26, 2022

Location
21411 N. 14th Ave.
Council District: 1

Financial Impact
None. No consideration fee was required as a part of this easement abandonment,
although filing fees were paid.

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.




Page 147



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Item text
Abandonment of Alley - ABND 210023 - 4932 E. Calle Del Norte (Resolution
22099)

Abandonment: ABND 210023
Project: 94-0002714
Applicant: Rina Rai
Request: To abandon the alley located between Exeter Boulevard and Calle Del Norte,
on the west side of Arcadia Drive.
Date of Decision/Hearing: June 10, 2021

Location
4932 E. Calle Del Norte
Council District: 6

Financial Impact
A consideration fee was also collected as part of this alley abandonment in the amount
of $1,494.80.

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.




Page 148



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Item text
Abandonment of Alley - ABND 220003 - 601 N. Central Ave. (Resolution 22098)

Abandonment: ABND 220003
Project: 21-568
Applicant: Nick Wood, Snell & Wilmer, LLP
Request: To abandon the alley located between East Pierce Street on the north, North
1st Street on the east, East Fillmore Street on the south, and North Central Avenue on
the west.
Date of Decision/Hearing: Mar. 24, 2022

Summary
The resolution of this abandonment and PLAT 220061 are to be recorded together with
the Maricopa County recorder on the same day, at the same time. The sequence of
recording to be followed is that the resolutions are recorded first, then the plat is
recorded second.

Location
601 N. Central Ave.
Council District: 7

Financial Impact
A consideration fee was also collected as part of this alley abandonment in the amount
of $427,500.

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.




Page 149



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Item text
Historic Preservation Exterior Rehabilitation Grants (Ordinance S-49429)

Request for approval of 12 Historic Preservation Exterior Rehabilitation Grants for
Fiscal Year (FY) 2022-23 totaling $185,696. In exchange for receiving grant funds, the
property owners agree to sell the City a 15- or 20-year conservation easement to
protect the historic character of the property's exterior. Further request authorization
for the City Controller to disburse all funds related to this item.

Summary
The City Council approved $200,000 in the General Fund budget for FY 2022-23 to
provide rehabilitation grants for residential properties listed on the Phoenix Historic
Property Register. The deadline for Exterior Rehabilitation grant applications was Nov.
18, 2022. A total of 22 property owners submitted applications; one application was
deemed incomplete and not forwarded to the panel for evaluation.

A panel consisting of staff, a member of the Historic Preservation Commission and a
past grant recipient met on Dec. 16, 2022, to review the applications. Scoring criteria
included whether the application followed historic preservation standards; addressed
the physical needs of the property; reflected a logical sequence or logical planning of
an overall rehabilitation project; resulted in a positive visual impact on the historic
appearance of the property and streetscape; addressed a critical maintenance issue;
and returned a vacant building to productive use. Additional points were awarded for
projects that were individually listed or in a priority historic district (Brentwood, East
Evergreen, Garfield, Idylwilde Park, North Garfield, Oakland, Phoenix Homesteads,
Roosevelt Park, Villa Verde and Woodland), as well as for the significance and integrity
of the property, the adequacy of the proposed bids and budget, and for the overall
quality of the application.

The panel recommended the 12 grant applications listed below for a total of $185,696.
Panel members agreed that the next highest application, which requested $20,000 and
received a score of 30.8, as well as those that scored lower, should not be funded.
Applicants who are not recommended for funding will be encouraged to meet with staff
to improve their application and resubmit it during a future round.




Page 150

· Mattias & Laura E. Stolpe; 2118 Encanto Drive SW; Encanto-Palmcroft - restore
steel windows, install window film, paint. Score: 40.1. Amount: $14,981.
· Lorenzo Gilberto Caballero & Blanca Estela Caballero Revocable Living Trust; 2023
N. 17th Ave.; Fairview Place - repair foundation, repair and repaint masonry. Score:
38.4. Amount: $18,437.25.
· Kenneth H. & Sandra K. Sands; 310 W. Coronado Road; Willo - restore steel
windows, install window film, paint. Score: 37.6. Amount: $14,250.
· Brieanna M., Ronald J. & Nicolette K. Bonnstetter; 833 E. Edgemont Ave.; Country
Club Park - repair foundation. Score: 37.5. Amount: $20,000.
· Daniel O. Strunk & Susan M. Stephens (Stephens-Strunk Trust); 1551 W. Lewis
Ave.; Del Norte Place - repair steel windows. Score: 37.5. Amount: $12,612.50.
· Craig A. Painter & Allyson D. Damon; 333 W. Vernon Ave.; Willo - repair foundation.
Score: 37.3. Amount: $10,191.54.
· Andrea M. Katsenes Family Trust; 34 W. Vernon Ave.; Willo - install new wood
shingle roof. Score: 36.5. Amount: $20,000.
· Idella E. Hamilton; 761 E. Pierce St.; Garfield - reinforce roof structure, install new
dimensional shingle roof. Score: 36.3. Amount: $20,000.
· Stacey M. Newman Living Trust; 1622 W. Wilshire Drive; Del Norte Place - restore
steel windows. Score: 35.2. Amount: $8,467.50.
· Linda Kriesel (Kriesel Living Trust); 366 E. Monte Vista Road; Los Olivos - install
new dimensional shingle roof. Score: 33.7. Amount: $16,431.
· Stuart Woltz; 112 W. Coronado Road; Willo - restore steel windows and stucco.
Score: 33.3. Amount: $20,000.
· Joseph Adam Daniels & Kyle Ford; 509 W. Almeria Road; Willo - restore steel
windows and front door, repaint masonry. Score: 32.2. Amount: $10,325.

In exchange for the grant funds, the property owners agree to sell the City a 15- or 20-
year conservation easement, depending on the amount of the grant, to protect the
historic character of the properties' exteriors.

Financial Impact
The 12 grant awards total $185,696. Funds are available in the General Fund Historic
Preservation operating budget.

Concurrence/Previous Council Action
· The Historic Preservation Commission recommended approval of this item on Jan.
9, 2023, meeting, by a vote of 8-0.
· The City Council Economic Development and Equity Subcommittee heard the item
on Jan. 25, 2023, and voted to approve the Historic Preservation Commission


Page 151

recommendation and recommend City Council approval, by a vote of 4-0.

Location
Eleven of the residential property addresses above are located in District 4 and one is
in District 8.
Council Districts: 4 and 8

Responsible Department
The item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.




Page 152



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Item text
Street Name Change from Thunderbird Trail to Biltmore Estates (Ordinance S-
49416)

Request to authorize the City Manager, or his designee, to rename "Thunderbird Trail"
to "Biltmore Estates" east of 24th Street to the existing portion of Biltmore Estates,
based on a request by the Arizona Biltmore Estates Village Association.

Summary
The Arizona Biltmore Estates Village Association is requesting that the Phoenix City
Council change the street name for "Thunderbird Trail" to "Biltmore Estates" between
24th Street to the intersection of the existing Biltmore Estates loop road. This is a
private roadway. All impacted property owners have agreed to this street renaming.

This street was dedicated on the BILTMORE ESTATES subdivision plat on Feb. 13,
1930, in Book 022 of Maps, Page 29 in the official records of Maricopa County,
Arizona. The street was re-dedicated on the ARIZONA BILTMORE ESTATES
subdivision plat on April 21, 1976, in Book 183 of Maps, Page 35 in the official records
of Maricopa County, Arizona.

This street assignment is in accordance with the "Address and Street Name
Assignment Policy" and requirements established by the Maricopa County Association
of Governments and the City of Phoenix. The Police, Fire, Water Services, and Street
Transportation departments, and the United States Postal Service support this request.

Location
Thunderbird Trail from 24th Street to the intersection of the existing Biltmore Estates
loop road.
Council District: 6

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.




Page 153
EXISTING
Existing
Thunderbird Trail




Page 154

Attachment A



Street Name
Boundaries

Planning and Development Department Street Name Change
Applicant: Planning and Development Department
Date: 5/13/22 Application Number: 210217 Quarter Section: 20-34 North
PROPOSED

Proposed
Biltmore Estates




Page 155




Street Name
Boundaries

Planning and Development Department Street Name Change
Applicant: Planning and Development Department
Date: 5/13/22 Application Number: 210217 Quarter Section: 20-34 North



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Item text
Modification of Stipulation Request for Ratification of Jan. 18, 2023 Planning
Hearing Officer Action - PHO-5-22--Z-122-03-7 - Northwest Corner of 51st Avenue
and Southern Avenue

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 Jan. 18, 2023. This ratification requires formal
action only.

Summary
Application: PHO-5-22--Z-122-03-7
Existing Zoning: S-1 (Approved C-2)
Acreage: 2.74

Owner: Laveen 51 2019 LLC, et al.
Applicant and Representative: M3 Design

Proposal:
1. Modification of Stipulation 1 regarding general conformance with the site plan dated
March 10, 2006.
2. Deletion of Stipulation 6 regarding enhanced landscaping.
3. Modification of Stipulation 13 regarding general conformance to the elevations dated
March 10, 2006.
4. Deletion of Stipulation 15 regarding gasoline canopy materials, color, and design.
5. Deletion of Stipulation 18 regarding abandonment of Huntington Drive.
6. Deletion of Stipulation 23 regarding general conformance to the signage designs
dated April 28, 2004.
7. Technical corrections to Stipulations 3, 4, 5, 10, 11, 12, and 16.

VPC Action: The Laveen Village Planning Committee heard this request on Dec. 12,
2022, and recommended a continuance to their Jan. 9, 2023, meeting by a vote of 9-0.
The Laveen Village Planning Committee heard this request on Jan. 9, 2023, and
recommended approval, with additional stipulations, by a vote of 8-0.
PHO Action: The Planning Hearing Officer recommended denial as filed and approval
with modifications and additional stipulations.


Page 156


Location
Northwest corner of 51st Avenue and Southern Avenue
Council District: 7
Parcel Address: 5120 W. Southern Ave.

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.




Page 157
Attachment A – Stipulations - PHO-5-22--Z-122-03-7

Location: Northwest corner of 51st Avenue and Southern Avenue

STIPULATIONS:

1. SITE PLAN 1. That The development shall be in general conformance
with the site plan DATE STAMPED JANUARY 12, 2023, dated March 10,
2006, as approved or modified by the FOLLOWING STIPULATIONS
AND APPROVED BY THE PLANNING AND Development Services
Department, with specific regard to size, location and number of pad
buildings.

2. THE DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH
THE ELEVATIONS DATE STAMPED JANUARY 12, 2023, AS
MODIFIED BY THE FOLLOWING STIPULATIONS AND APPROVED BY
THE PLANNING AND DEVELOPMENT DEPARTMENT.

3. THE DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH
THE SIGN PLAN DETAIL SHEETS NOS. 2 AND 3 DATE STAMPED
JANUARY 12, 2023, IN REGARD TO COLOR, MATERIALS, AND
CHARACTER, AS APPROVED OR MODIFIED BY THE PLANNING
AND DEVELOPMENT DEPARTMENT, AND WITH SPECIFIC REGARD
TO THE FOLLOWING:

A. THE MAXIMUM HEIGHT FOR ANY MONUMENT SIGN ALONG
51ST AVENUE SHALL NOT EXCEED 12 FEET.

B. THE MAXIMUM HEIGHT FOR ANY MONUMENT SIGN ALONG
SOUTHERN AVENUE SHALL NOT EXCEED 15 FEET.

4. That All accessory equipment, such as air, water, vacuums, and venting
2. pipes shall be located no closer than fifty (50) feet to public street
frontages and residential neighborhoods to minimize potential impacts.

5. That The developer shall screen any drive-through queuing lanes from
3. view of 51st and Southern Avenues and/or residential uses through the
incorporation of a landscaped berm, screen wall, or combination of a
berm and wall at least four (4) feet in height, as approved or modified by
the PLANNING AND Development Services Department.

6. That The developer shall provide a landscape feature incorporating turf
4. and monumentation on the immediate northwest corner of the
intersection of 51st and Southern Avenues, as approved or modified by
the PLANNING AND Development Services Department.




Page 158
Page 2


7. That The developer shall provide primary pedestrian walkways from
5. Southern Avenue and the multi-use trail along 51st Avenue to the
commercial buildings, as approved or modified by the PLANNING AND
Development Services Department.

6. That the developer shall provide a total of four (4) landscaped fingers,
one on each side of the two (2) driveway entrances from the shopping
center to the Pad 1/Pad 2 gasoline canopy area, that are seven (7) feet
wide, as approved by the Development Services Department. Each of
these landscape areas shall contain one (1) tree in addition to other
landscape materials.

8. That The developer shall treat all primary pedestrian crossings of
7. vehicular circulation drives with a change of pavement materials (color
and texture) to demarcate the pedestrian circulation plan.

9. That The developer shall provide a multi-use trail along the west side of
8. 51st Avenue in a manner that complements that multi-use trail north of
the subject property and in accordance with adopted City of Phoenix trail
standards, as approved by the Parks and Recreation Department.

10. That All items for sale, excluding fuel dispensing machines and automatic
9. teller machines, shall be located within buildings or screened from view of
public streets.

11. That The developer shall provide the following equestrian amenities on
10. site, as approved by the PLANNING AND Development Services
Department: two (2) hitching rails, and two (2) horse troughs.

12. That The landscaped setbacks adjacent to residential development shall
11. include staggered trees planted twenty (20) feet on center with fifty
percent (50%) of such trees being a minimum four (4) inch caliper, as
approved or modified by the PLANNING AND Development Services
Department.

13. That Approved plants for the site shall emphasize the agricultural
12. heritage and culture of Laveen and shall include the following, as
approved or modified by the PLANNING AND Development Services
Department: Trees: pecan, Arizona ash, evergreen elm, heritage live oak,
sycamore, willow acacia or similar trees. Shrubs: myrtle (true, dwarf or
twisted), pomegranate, or similar shrubs. Accents: deer grass, wild
sunflowers, or similar accents. Vines: white Lady Banks rose or similar
vines.

13. BUILDING DESIGN 13. That the major buildings on site shall be in
general conformance to the conceptual elevations (Exhibits 4-6) dated




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Page 3


March 10, 2006, including the following elements, all as approved or
modified by the Development Services Department:

Four-sided architecture, per the conceptual elevations. A variety of
building materials, including a minimum of two (2) of the following
materials: native stone, burnt adobe, textured brick, site made textured
concrete, split-face block, wood (when shaded), slump block, simulated
wood siding, exposed aggregate, corrugated metal or rusted metal
roofing.

 Natural and subdued color tones;
 Exposed scuppers;
 Pitched roof elements;

A minimum ten-foot covered walkway, which can create a staggered front
facade. Patios, trellises, and recesses may also be used to provide
shading and break up building mass.

14. That The developer shall paint all transformer and service entry
equipment boxes to match buildings or shall screen the boxes, subject to
utility company approval.

15. That the gasoline station canopy shall incorporate materials and colors
that complement the buildings on the site and the developer is strongly
encouraged to use a pitched roof with a gable or hipped end on the
canopy.

STREET IMPROVEMENTS

15. THE DEVELOPER SHALL CONSTRUCT A 14-FOOT-WIDE
LANDSCAPED MEDIAN ALONG SOUTHERN AVENUE FROM 51ST
AVENUE TO THE WESTERN EDGE OF THE DEVELOPMENT, AS
APPROVED BY THE PLANNING AND DEVELOPMENT AND STREET
TRANSPORTATION DEPARTMENTS.

16. THE DEVELOPER SHALL CONSTRUCT A MINIMUM 5-FOOT-WIDE
DETACHED SIDEWALK ALONG THE NORTH SIDE OF SOUTHERN
AVENUE, AS APPROVED BY THE PLANNING AND DEVELOPMENT
DEPARTMENT.

17. THE DEVELOPER SHALL BE RESPONSIBLE FOR ANY
MODIFICATIONS TO THE EXISTING TRAFFIC SIGNAL AT 51ST
AVENUE AND SOUTHERN AVENUE, AS REQUIRED BY THE STREET
TRANSPORTATION DEPARTMENT.




Page 160
Page 4


18. That The developer shall construct all half-streets adjacent to the site
16. with paving, curb, gutter, sidewalk, curb ramps, streetlights, median
islands, landscaping, and other incidentals per plans approved by the
PLANNING AND Development Services Department. All improvements
shall comply with all ADA accessibility standards.

19. That The developer shall provide right-of-way for, and shall construct, a
17. transit pad (P1262) and a bus shelter (P1261) along Southern Avenue
west of 51st Avenue.

18. That the developer shall apply for the abandonment of Huntington Drive
on the west side of the site.

20. That The developer shall complete and submit the Developer Project
19. Information Form for the Maricopa Association of Governments
Transportation Improvement Program to the Street Transportation
Department. The U.S. Environmental Protection Agency requires this
form to meet clean air quality requirements.

ARCHAEOLOGY

21. 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.

22. 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.

23. 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.

GENERAL




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Page 5


24. That The developer SHALL present a final landscape plan to the Laveen
20. Village for review.

25. That Light poles shall not exceed eighteen (18) feet in height.
21.

26. That Light from gasoline station canopies shall not exceed thirty (30) foot
22. candles measured at the ground plane.

23. That signage on the property shall be in general conformance to the
conceptual designs (three sheets) dated April 28, 2004, including the
following elements, as approved or modified by the Development
Services Department.

Ground/monument signs shall incorporate the materials and colors used
for the major buildings on site.

Size and height of ground/monument signs shall not exceed those
indicated in the above-referenced conceptual designs.

In conformance to the Phoenix Sign Code, one additional ground sign is
allowed on each street frontage to identify the user(s) of the pad building
at the immediate corner of the intersection of 51st and Southern
Avenues.

Wall signs shall use individual, halo-illuminated letters and numbers.

27. That The developer shall notify prospective owners/occupants that the
24. subject development is in proximity to Phoenix Sky Harbor International
Airport. The developer shall disclose the following:

a. The airport is considered a busy hub airport.

b. Forecasts predict that Airport operations will increase.

c. Extended flight tracks and traffic patterns may extend several miles
beyond the Airport boundary.

The notice shall be reviewed and approved by the City Attorney.




Page 162



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Item text
***REQUEST TO CONTINUE (SEE ATTACHED MEMO)*** (CONTINUED FROM
OCT. 12 AND DEC. 7, 2022) - Public Hearing - Appeal of Hearing Officer Decision
- Abandonment of Right-of-Way - ABND 220011 - 4640 East Camelback Heights
Way

Abandonment: ABND 220011
Project: 99-3459
Abandonment Applicant: Lauren Proper Potter
Date of Abandonment Hearing Officer’s Decision:
Appellant: Benjamin Graff, Quarles & Brady, LLP on Behalf of Kim Komando & Barry
Young

Summary
Rationale: The subject of the abandonment is a portion of land at North Camelback
Canyon Drive and East Camelback Heights Way, located directly across from the
Appellant's home (the “Abandonment Area”). The abandonment was approved on April
14, 2022, despite opposition from the Appellant and a request to continue the case to
allow for further discussions between the neighbors. The Applicant would not agree to
a continuance and the Hearing Officer forwarded a recommendation of approval to the
Way (six parcel owners in total), have expressed opposition. One hundred percent of
the property owners located along Camelback Heights Way, with the exception of the
Applicant, and an additional property owner on Camelback Canyon Drive (directly
north of the Applicant’s home) have joined in this appeal and respectfully request the
Phoenix City Council overturn the Hearing Officer's approval and deny the requested
abandonment.

Location
4640 East Camelback Heights Way
Council District: 6

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.



Page 163
ATTACHMENT A
ABND 220011-Map




Page 164
ATTACHMENT B




Planning and Development Department




CONDITIONAL APPROVAL – ABND 220011




Your abandonment request was granted CONDITIONAL APPROVAL by Christopher DePerro,
Abandonment Hearing Officer.

This request will NOT be completed until all the stipulations have been met and this request is
formally adopted by City Council. It is the APPLICANT’S RESPONSIBILITY to ensure that all
stipulations are satisfied. Please contact the Abandonment Coordinator at (602) 256-3487 for
questions and notification of your completion of the stipulations.

Upon completion of the stipulations your request will be scheduled for City Council action.

If the stipulations of abandonment are not completed within two years from the date of your
conditional approval (your expiration date is April 14, 2024), this request will then expire. At
that time a new submittal will be required along with the required payment for the abandonment
process. A one-time, one year extension can be requested prior to the expiration date, with
applicable extension fee due.






Page 165
Planning and Development Department


April 14, 2022
Abandonment Staff Report: ABND 220011
Project# 99-3459
Quarter Section: 20-38
Council District: 6



Location: 4640 East Camelback Heights Way


Applicant: Lauren Proper Potter


Request to abandon: The triangular portion of land where North
Camelback Canyon Drive and East
Camelback Heights Way meet as illustrated
on the attached exhibit.



Purpose of request: The applicant states to allow access to the
private residence directly from the roadway
right-of-way, to place responsibility to
maintain vegetation upon the property owner
instead of the City, and to allow the property
owner to provide guest parking on their
property instead of the street.

Hearing date: April 14, 2022






Page 166
Portion of right-of-way proposed for
abandonment




Hearing Summary
Mr. Christopher DePerro, the Abandonment Hearing Officer, called the hearing to order at 9:32
am on April 14, 2022.
Ms. Maggie Dellow, the Abandonment Coordinator introduced the abandonment case ABND
220011 by reading the abandonment case into the record by stating the applicant, location,
abandonment request, and purpose of the request, as well as City staff research.
Mr. DePerro then started the discussion by asking the applicant if they would like to add any
additional comments regarding the abandonment request.
Mr.Charles Huellmantel, the applicant, explained that the proposed abandonment area is a
tough piece of property that doesn’t serve a purpose, nor is maintained, and his client would like
the opportunity to landscape it and beautify it.
Mr. DePerro explained that because this property is hillside there would be a limitation to what
can be done in terms of landscaping and disturbance.




Page 167
Ms. Dellow reviewed the city staff and utility provider comments received during the review
period. Mr. DePerro explained that per the Street Transportation Department’s comments, if the
abandonment received conditional approval, it would only by for a portion of the original
requested area. Mr. Huellmantel confirmed he understood.
Mr. DePerro then invited Mr. Benjamin Graff to provide public comment. Mr. Graff explained that
he represented Kim Commando and Barry Young who lived across the Camelback Heights Way
to the south. Mr. Graff explained that his clients had some concerns about the reasons the
applicant was applying for the abandonment as stated on the application materials, such as to
provide additional access to the property when existing access appears adequate. Mr. Graff
also explained that the application states the abandonment would provide additional guest
parking area, which raised concerns over additional disturbance area and reasons as to why
such an ample amount of guest parking was being sought.
Mr. Graff requested a 30-day continuance on the case so that his client could meet with the
applicant and learn more about the reasons for the request. and reasons for the request.
Ms. Lauren Proper Potter, the applicant, explained that there were no plans for additional work
within the area and there would not be guest parking within the abandonment area. Ms. Potter
stated that the nature of the request was to harmonize vegetation with the redevelopment of the
property.
Mr. DePerro explained that even with the abandonment, the natural vegetation could not be
touched or maintained without being part of the disturbance area. It must remain native and
natural.
Mr. DePerro stated that he did understand Mr. Graff’s concerns, but that these concerns fell
outside of the purview of the abandonment request.
Mr. Graff explained that the only reason those concerns have been brought to the hearing are
due to the fact that they are stated within the applicant’s narrative and rationale on the
abandonment application. Because the applicant stated during the hearing that the reasons for
abandonment as provided on the abandonment application are not accurate, Mr. Graff shared
that he was still confused as to the purpose of the abandonment request and requested
continuance.
Ms. Potter stated that the abandonment would not impact Mr.Graff’s concerns. Mr. Huellmantel
stated that he was not supportive of a continuance.
Mr. DePerro explained that he was having trouble justifying a continuance as the abandonment
request would not result in an additional hillside permissions.
Ms. Dellow then reviewed the staff recommended stipulations of approval.
Mr. DePerro stated that the concerns voiced by the opposition have more to do with hillside and
zoning regulations rather than the abandonment. He further explained that what needs to be
done in an abandonment hearing is determine whether or nit the proposed right-of-way to be
abandoned was need. Mr. DePerro felt that in this case the right-of-way was clearly not needed
and that the proposed abandonment would not permit those things shared by the opposition as
concerns.





Page 168
Mr. Graff agreed that the concerns brought by the opposition were not generally proper for an
abandonment hearing, however they were stated in the abandonment applicant narrative as
reasons for the abandonment.
The Hearing Officer granted a conditional approval subject to stipulations in the staff report.

Stipulations of Conditional Approval
The request of abandonment is conditionally approved by the Abandonment Hearing Officer.
The following stipulations will need to be met:
1. Either a or b shall be complied with:

a. All utilities shall be relocated to locations approved by each affected utility company.
All work is to be done by each affected utility company at no expense to the affected
utility company. An appropriate performance agreement, in an approved form and
cost amount, must be posted with the Planning and Development Department to
guarantee the improvements.

b. All right-of-way shall be retained as a public utilities easement with 24-hour vehicle
maintenance access.

2. Consideration which provides a public benefit to the City is required in accordance with City
Code Art. 5, Sec. 31-64 and Ordinance G-5332. Cost for abandoned Right-of-Way adjacent
to property not zoned single family residential will be $500 OR Fair Market Value whichever
is greater. Cost for property zoned single family residential is $1.00 a square foot for the
first 500 square feet, $0.10 a square foot thereafter; OR Fair Market Value at the option of
the Planning and Development Director or designee. The applicant shall submit calculation
and fee to Planning and Development Department. The applicant shall request a selection
of approved appraisers from the current list maintained by the Real Estate division of the
Finance Department.

3. No right-of-way within 30-feet of the Camelback Canyon Drive monument line may be
abandoned.

4. No right-of-way south of the existing monument line of Camelback Heights Way may be
abandoned.

5. The right-of-way shall be retained as a slope easement.

6. All stipulations must be completed within two years from the Abandonment Hearing Officer’s
decision.

This conditional approval has been reviewed and approved by the Abandonment Hearing
Officer.



Hearing Officer Signature: ____________________________________ 9/15/22
Date: __________






Page 169
REPORT SUBMITTED BY: Maggie Dellow, Abandonment Coordinator

cc: Lauren Proper Potter, Applicant/Representative
Christopher DePerro, Abandonment Hearing Officer






Page 170
Abandonment
Decision Appeal

In accordance with Section 31-70, Article V of the City Code, the decision of the Abandonment
Hearing Officer regarding the abandonment of public rights-of way may be appealed. Any
decision of the Abandonment Hearing Officer shall be considered final unless a person
aggrieved thereby, files a written Notice of Abandonment Appeal with the Planning &
Development Department within fifteen calendar days after the decision is made. The
completed abandonment appeal form and filing fee* must be submitted to the Planning &
Development Department, Check-In/Information Counter, located at 200 West Washington
Street, 2nd floor, Phoenix, Arizona 85003.

*All fees are pursuant to the current Fee Schedule contained in Appendix A.2. of the
Phoenix City Code.
Appellant’s Name: Benjamin Graff, Quarles & Brady, LLP on Behalf of Kim Komando & Barry Young

Address: 2 N. Central Avenue, 6th Floor City: Phoenix State: AZ Zip: 85004


Phone: (602) 229-5683 Email: Benjamin.Graff@Quarles.com

Affiliation: Attorney for Appellant

Appeal to City Council
Be specific as to what you are appealing. Include the rationale for your appeal. Attachments
may be included.

Abandonment # V- ABND 220011 Date Heard: April 14, 2022

Located at approximately: 4640 E Camelback Heights Way, Phoenix AZ 85018

Abandonment Hearing Officer: Approved Denied

Appealing Decision: Request to Deny Abandonment. See attached Notice of Abandonment Appeal Narrative.



Appealing Stipulation:

Appealing Stipulation:

Appealing Stipulation:

------------------------------------------------------------- Staff Use Only --------------------------------------------------------------
Received By: MDE Receipt #: Date: 4/29/2022
Reviewed By: MDE Receipt #: Date: 4/29/2022

An applicant may receive a clarification from the city of its interpretation or application of a statute, ordinance, code or authorized substantive
policy statement. To request clarification or to obtain further information on the application process and applicable review time frames, please
call 602-262-7811 or visit our website at http://phoenix.gov/pdd/licensetimes.html. This publication can be made available in alternate formats
(Braille, large print, or digital media) upon request. Contact Planning & Development at (602) 262-7811 voice or (602) 534-5500 TTY.
P:\Abandonment Decision Appeal TRT/DOC/00005
WEB\ EXTERNAL dsd_trt_pdf_00005 Rev. 11/12


Page 171
Renaissance One Attorneys at Law in
Two North Central Avenue Chicago
Phoenix, Arizona 85004-2391 Indianapolis
602.229.5200 Madison
Fax 602.229.5690 Milwaukee
www.quarles.com Minneapolis
Naples
Phoenix
Benjamin W. Graff Tampa
Direct Dial: (602) 229-5683 Tucson
E-Mail: Benjamin.Graff@Quarles.com Washington, D.C.




April 29, 2022

VIA EMAIL

Phoenix City Council
200 West Washington Street
Phoenix, AZ 85003
Mayor.Gallego@phoenix.gov
Council.District.6@phoenix.gov


RE: Formal Notice of Abandonment Appeal: ABND 220011

Honorable Mayor Gallego, Councilmember DiCiccio, and Councilmembers,

Our firm represents Ms. Kim Komando and Mr. Barry Young (EK Holdings Delaware, LLC) (the
"Appellant"), the owners of the property located at 4655 E Camelback Heights Way, Phoenix, AZ
85018 within Phoenix Council District 6, in regard to this Notice of Abandonment Appeal of the
April 14, 2022 Hearing Officer approval of Case No. ABND 220011 (the “Abandonment
Application”). In accordance with Section 31-70, Article V of the City Code, the decision of the
Abandonment Hearing Officer regarding the abandonment of public rights-of way may be
appealed. Any decision of the Abandonment Hearing Officer shall be considered final unless a
person aggrieved thereby, files a written Notice of Abandonment Appeal with the Planning &
Development Department within fifteen calendar days after the decision is made. Here, the
Appellant has submitted the requested appeal and requisite filing fee in a timely manner before the
April 29, 2022 5:00 PM deadline.
The subject of the abandonment is a portion of land at North Camelback Canyon Drive and East
Camelback Heights Way, located directly across from the Appellant's home (the “Abandonment
Area”). See Aerial Maps Attached at Tab A. The abandonment was approved on April 14, 2022,
despite opposition from the Appellant and a request to continue the case to allow for further
discussions between the neighbors. The Applicant would not agree to a continuance and the
Hearing Officer forwarded a recommendation of approval to the City Council. Since April 14,
2022, the entire neighborhood along Camelback Heights Way (six parcel owners in total), have
expressed opposition. See Opposition Map Attached at Tab B. 100% of the property owners
located along Camelback Heights Way, with the exception of the Applicant, and an additional


QB\73627440.1

Page 172
ABND 220011 Notice of Abandonment Appeal

property owner on Camelback Canyon Drive (directly north of the Applicant’s home) have joined
in this appeal and respectfully request the Phoenix City Council overturn the Hearing Officer's
approval and deny the requested abandonment. See Letters of Opposition from Six Parcel Owners
Attached at Tab C.
Site History
City records show the subject right-of-way was dedicated through the Camelback Heights Plat,
recorded on December 16, 1956 on docket 69, page 49 of the Maricopa County Recorder. If
abandoned, the right-of-way will be conveyed back in ownership to the Applicant. This appeal
does not question to whom the abandoned area should be conveyed to if approved, but instead,
that the loss of naturally vegetated public right-of-way combined with the Applicant’s intended
use of the Abandonment Area, is detrimental to the surrounding neighborhood. As is further
discussed, the proposed abandonment also conflicts with the goals of the neighborhood as a whole
to privatize Camelback Heights Way and install a private access gate.
The Abandonment Should be Denied for Lack of Proper Notice, Petition Signatures, and
Failure to Communicate with the Appellant Prior to the April 14, 2022 Abandonment
Hearing.
The City of Phoenix Abandonment process does not include a robust notification procedure, which
frequently results in concerned neighbors being informed of abandonments at the last minute by
signage or through word-of-mouth. However, the City also requires an abandonment petition to
be signed by “one hundred percent of the property owners in and/or abutting the affected area.”
See Abandonment, Right-of-Way Petition included within Applicant’s Application Attached at
Tab D. In this case, the Appellant’s home (Parcel No. 171-16-017A), as well as Parcel Nos. 171-
16-007 and 171-16-006, are located directly adjacent to the Abandonment Area. In fact, the
Appellant’s home and view looking directly Northwest includes the Abandonment Area. Despite
these facts, the Abandonment Petition provided by the Applicant only includes a single signature
– the Applicant’s signature. The petition fails to include signatures from the other affected parcels
and therefore the Applicant failed to provide proper notice.
Additionally, prior to the April 14, 2022 Abandonment Hearing, the Applicant informed the
Appellant that their son would be contacting them prior to the hearing to discuss the abandonment.
But as the hearing began on April 14th, the Appellant had not received any communication from
the Applicant.
Finally, it should be noted that during the April 14, 2022 Abandonment Hearing, the Appellant
requested a continuance to allow the parties time to discuss the request, before it was forwarded to
the City Council for final approval. The Applicant refused to agree to a continuance and the
Hearing Officer forwarded a recommendation of approval to the City Council, notwithstanding the
strong opposition present the hearing. The refusal to allow for a continuance forced the hand of
the Appellant, and the other six surrounding property owners, to file this appeal. Now, the only
equitable measure is for the City Council to deny the requested abandonment before the resulting
use and disturbance of the area creates irreparable harm to the neighborhood.



QB\73627440.1

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ABND 220011 Notice of Abandonment Appeal

The Neighbors Are Opposed to the Proposed Use of the Right-of-Way, the Detrimental
Impact on the Neighborhood, and the Interference With the Long-Term Goal of Privatizing
Camelback Heights Way
The property owners along Camelback Heights Way have recently begun discussions to privatize
this road and construct a private access gate near the convergence of Camelback Canyon Drive
and Camelback Heights Way. See Map of Approximate Locations of the Access Gate Attached
at Tab A. The Applicant was fully aware of this intent prior to submitting the abandonment
application. The privatization of the road will require coordination between the neighbors and
notably, coordination with the City of Phoenix on the use (via a revocable permit) and
abandonment of any public right-of-way to allow for the privatization of the road and the
construction of the access gate. Despite these ongoing discussions, the Applicant’s request seeks
to utilize the public right-of-way for the Applicant’s sole benefit, while also moving the
Applicant’s driveway closer to the intersection of Camelback Canyon Drive and Camelback
Heights Way in conflict with possible locations for the access gate. The requested abandonment
should be denied thereby allowing all property owners along Camelback Heights Way to discuss
and agree upon what is beneficial for the neighborhood, rather than this unilateral request which
only benefits the Applicant.
The Abandonment Should be Denied Because Applicant’s Abandonment Narrative and
Submitted Site Plans Confirm the Applicant's Intent to Use the Abandonment Area for an
Access Driveway, Guest Parking, and Disturbed/New Vegetation.
An Examination of the Applicant’s Abandonment Application and Narrative
The proposed Abandonment Application No. ABND 220011 requested to abandon a portion of
land where North Camelback Canyon Drive and East Camelback Heights Way meet, as shown on
the attached Abandonment Aerial Map Exhibit at Tab A. The Applicant provided a narrative along
with the abandonment application which provided justifications for the request. See Applicant's
Narrative Dated February 14, 2022 Attached at Tab D. The City of Phoenix also issued a Staff
Report. See Abandonment Staff Report Dated April 14, 2022 Attached at Tab E.
As is discussed in detail in this section, the Appellant was surprised by the discrepancies between
the written narrative and the Applicant’s statements made during the April 14th, 2022 Hearing.
The Applicant’s testimony also directly conflicts with the site plan submitted to the City by the
Applicant, which is further discussed in this appeal. While the Applicant stated during the hearing
that the Abandonment Area would be left undisturbed with its existing natural desert vegetation,
the Applicant’s own narrative and site plan tell the story of significant disturbance and an extended
driveway within the Abandonment Area. After a review of the Abandonment Application, Staff
Report, Hearing and prior submittals, the Appellant is able to clarify the Applicant’s intent for the
Abandonment Area.
First, the Applicant’s Right-of-Way Petition states the Applicant supports the abandonment
because it “allows access from the driveway to occur directly from the street right-of-way instead
of across the additional City-owned land.” In response to this and similar statements within the
Applicant’s narrative, the City’s Staff Report also states, “[t]he applicant states [the purpose is] to

QB\73627440.1

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ABND 220011 Notice of Abandonment Appeal

allow access to the private residence directly from the roadway right-of-way, to place
responsibility to maintain vegetation upon the property owner instead of the City, and to allow the
property owner to provide guest parking on their property instead of the street.” See the
Abandonment Application attached at Tab D and Staff Report attached at Tab E.
Regarding parking and the expansion of the driveway, Applicant’s Abandonment Application
states, “[i]ncorporating the City’s right-of-way into the subject property will allow a longer
driveway with room for a guest parking area that will increase safety for all residents in this area
and their visitors.” Contrary to the Applicant’s own narrative, the Applicant stated during the
Hearing that there would be no additional disturbance, driveway expansion, or parking in the
proposed Abandonment Area. Based on the Applicant’s testimony, the Hearing Officer forwarded
his recommendation of approval to City Council. But it is the Appellant’s position that if the
Hearing Officer had been provided copies of the Applicant's site plan, the proposed driveway
extension and disturbed land within the Abandonment Area shown on the plan may have resulted
in a recommendation of denial.
An Examination of the Applicant’s Site Plan Submittals to the City of Phoenix

In order to accurately compare the hearing testimony with the proposed construction of Applicant’s
home, the Appellant made two separate requests to the Applicant to provide copies of the most
current proposed site plan for the Applicant’s home and driveway configuration. Each time the
Applicant stated the site plans would be provided. However, as of the date of this appeal, the
Applicant has not provided any documents or site plans to the Appellant. After filing a public
records request with the City and confirming with City Staff, the Appellant was able to locate the
most recent site plan dated September 20, 2021. This site plan was reviewed during the
Applicant’s prior Hillside Waiver (DSAP 21252) Hearing on January 19, 2022. See Site Plan
Dated September 20, 2021 Attached at Tab F. Three months have passed since the DSAP Hearing
and based on available public records, the Applicant has not submitted a more recent site plan. We
were also able to locate an identical site plan submitted by the Applicant as part of Zoning
Adjustment Case No. ZA-570-21, which requested a setback variance along the eastern property
line. The site plan for this variance case also shows the same expanded driveway and disturbed
area. See Variance Site Plan Dated September 20, 2021 Attached at Tab G. All written statements
in the Applicant’s Abandonment Application Narrative regarding the expanding driveway, guest
parking, and disturbed vegetation are consistent with the site plans submitted as part of Case Nos.
DSAP 21252 and ZA-570-21. As mentioned above, the Applicant’s testimony during the
Abandonment Hearing stated there would be no additional disturbance, driveway, or parking in
the proposed Abandonment Area. However, after examining the Desert Sky Residence Survey
ROW diagram provided by City of Phoenix Abandonment Staff with the most recent site plan, it
is clear the proposed driveway runs through the proposed abandonment area. See Survey ROW &
Site Plan Comparison attached at Tab H. This comparison exhibit shows the Applicant intends to
remove the natural vegetation within the abandonment area and install an elongated mass of
pavement to serve as a driveway and additional parking. Thus, after a review of the facts,
Applicant’s purpose for the abandonment request within the Abandonment Hearing Application



QB\73627440.1

Page 175
ABND 220011 Notice of Abandonment Appeal

and prior site plan submittals does not align with the statements made at the April 14th, 2022
Hearing.
The Applicant’s proposed use of public right-of-way, which currently benefits all residents, also
does not align with the goals of the united property owners along Camelback Heights Way. The
Appellant and the six additional property owners joining in this appeal firmly believe the
disturbance and replacement of this naturally vegetated area with the proposed driveway will only
serve as a detriment which is incompatible with the goal to beautify and privatize Camelback
heights Way.
Conclusion
This Notice of Abandonment Appeal serves to memorialize and provide evidence of the
differences between the Applicant's verbal testimony which lead to the Hearing Officer's approval,
and the documented intent of the Applicant to not only remove vegetation from the Abandonment
Area, but also place an elongated driveway within the same area. After a review of the facts and
confirmation of evidence showing the discrepancy between Applicant’s testimony and the
narrative/site plans submitted to the City, we respectfully request that the Phoenix City Council
reverse the decision of the Abandonment Hearing Officer and deny the Abandonment Application.
Our firm can provide additional information as requested by the City. Thank you for your time and
consideration.


Very truly yours,

QUARLES & BRADY LLP




Benjamin W. Graff




QB\73627440.1

Page 176
TAB A




Page 177
APPLICANT’S PROPOSED ABANDONMENT AREA AERIAL MAP




Page 178




ABANDONMENT APPLICANT APN: 171-16-009
4640 E CAMELBACK HEIGHTS WAY PHOENIX ARIZONA 85018
APPLICANT’S APPROVED ABANDONMENT AREA AERIAL MAP




Page 179




ABANDONMENT APPLICANT APN: 171-16-009
4640 E CAMELBACK HEIGHTS WAY PHOENIX ARIZONA 85018
APPLICANT’S PROPERTY VS APPELLANT’S PROPERTY




Applicant
Property

Approved
Page 180


Requested
Appellant
Property




APPLICANT APN: 171-16-009
APPELLANT APN: 171-16-017A
OPTIONS FOR LOCATIONS OF NEW ACCESS GATE




Option
Page 181

Option
3 Option




ABANDONMENT APPLICANT APN: 171-16-009
4640 E CAMELBACK HEIGHTS WAY PHOENIX ARIZONA 85018
TAB B




Page 182
OPPOSED NEIGHBORS AERIAL MAP




Page 183




APN: 171-16-017A; 171-16-018E; 171-16-018J; 171-16-025G; 171-16-
025E; 171-16-016A; 171-16-010
TAB C




Page 184
Page 185
Page 186
Page 187
Page 188
Page 189
Page 190
TAB D




Page 191
Abandonment
Application

This application must be submitted to start the process to abandon any public rights-of-way and/or easements
controlled by the city of Phoenix. A completed application must be submitted, together with a sketch of the area
to be abandoned and the appropriate fee to the Planning & Development Department, 200 West Washington
Street (2nd floor), Phoenix, Arizona 85003. For additional information, call (602) 256-3487.

Applicant: ___________________________________________________________________________________
Address: ____________________________________________________________________________________
City: ____________________________________ State: _________________ Zip: __________________
Phone: _____________________________________ Email: ________________________________________
Contact (If other than Applicant): ________________________________________________________________
Address: ____________________________________________________________________________________
City: _______________________________________ State: _________________ Zip: __________________
Phone: _____________________________________ Email: ________________________________________

APN# of Parcel(s) Adjacent to Requested Abandonment: _____________________________________________
___________________________________________________________________________________________
Name of Street(s) to be abandoned: ______________________________________________________________
___________________________________________________________________________________________
Location/Description of Alley(s) or Easement(s) to be Abandoned (please be specific):
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
Quarter Section #: __________ Zoning District: _________ Village: ________________________________

Reason to Abandon (additional pages may be attached): _____________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
______________________________________________________________________________
___________________________________________________________________________________________
------------------------------------------------------------- St aff U se O n l y --------------------------------------------------------------

Abandonment #: ___________ Folder #: _________ Total Abandonment Application Fee: $ ____________
Submittal Date: ________________________ Informal Abandonment (w/o hearing): $ _______________
Reviewed By: ________________________ Abandonment, Non-Single Family: $ _________________
Annexation Date: _______________________ Abandonment, Single Family: _______________________
Site Plan # (if applicable): ________________ Appraisal Section Notified: Yes No N/A


An applicant may receive a clarification from the city of its interpretation or application of a statute, ordinance, code or authorized substantive
policy statement. To request clarification or to obtain further information on the application process and applicable review time frames, please
call 602-262-7811 or visit our website at http://phoenix.gov/pdd/licensetimes.html. This publication can be made available in alternate formats
(Braille, large print, or digital media) upon request. Contact Planning & Development at (602) 262-7811 voice or (602) 534-5500 TTY.
P:\Abandonment Application TRT/DOC/00078A
WEB\ EXTERNAL dsd_trt_pdf_00078A Rev.

Page 192
       






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Page 196
Abandonment, Right-of-Way
Petition

A signed right-of-way abandonment petition must be submitted when filing your abandonment application. Please
read the entire form before signing. For additional information, contact the Planning and Development
Department at (602) 256-3487.
We, as property owners, support the proposed abandonment for the following reasons:
It will help to increase security,
It will increase the buildable area of the lot(s),
It will remove unnecessary right-of-way or easements to permit development of the property, or
Other:
We, as property owners, understand that if there are public utilities located within the area to be abandoned, all
right-of-way within the proposed abandonment area shall be retained as a public utilities easement (PUE) or as
may be modified by the affected utility companies with 24-hour vehicle maintenance access. We further
understand that no structure of any kind shall be constructed or placed within the easement except removable-
type fencing and/or paving. Removable type fencing must not require the installation of footers within the PUE.
No planting within the PUE unless approved by the City of Phoenix. The affected utility company shall not be
required to replace any obstructions, paving or planting that must be removed during the course of
required maintenance, reconstruction and/or construction.
Or
We, as property owners, understand that we may choose to relocate all utilities affected by the abandonment. If
we choose this alternative, we understand that we, as the property owners, would be responsible for the cost of
relocating any affected utilities to locations approved by that utility company.
To ensure continued maintenance and repairs of the street, the public rights-of-way would be abandoned
to the adjacent individual property owner(s) or a Homeowners Association where one exists. The
Homeowners Association or adjacent individual property owners would assume all liability and
maintenance cost of the abandoned public right-of-way and any improvements.
We, as the property owners, understand that if the abandonment of the public right-of-way is approved, the
Homeowners Association (or individual property owners) shall purchase all streetlights from the City of Phoenix in
the proposed abandonment area, or the Homeowners Association (or individual property owners) will be
responsible for replacing them with private lighting. This will be done at no expense to the City of Phoenix. We
also understand that the Homeowners Association (or individual property owners) will be responsible for and set
up their own electric account with the proper electric company in order to assume the responsibility of payment of
the electric costs.
We, as the property owners, understand that there may be additional costs incurred due to required
improvements to provide code compliant entrances/gating, etc. Requirements may include, but are not limited to,
gates, provisions for fire apparatus, dedicated right-of-way for required turnarounds, etc.

Any and all requirements and costs will be the responsibility of the Homeowners Association (or individual
property owners). All required improvements within the proposed abandonment area, as required by the
stipulations of the approved abandonment, will be completed at no expense to the City of Phoenix.

Per Phoenix City Code, Section 31-64 (e), if the request of abandonment is approved there will be a
consideration fee due and payable after the Abandonment Hearing Officer’s decision. Consideration fees are the
costs associated with purchasing land within the abandoned right-of-way from the City of Phoenix and are
calculated as follows:
Non-single family zoned right-of-way the greater of $500 or Fair Market Value (FMV)¹ of abandoned right-of-way
Single family residential zoned right-of-way $1 per square foot for first 500 square feet, $0.10 per square foot
thereafter; or FMV of abandoned right-of-way, as determined by City²
Notes:
¹ If the area to be abandoned is within or adjacent to an established redevelopment area, consideration may be
given in determining the FMV.
² For the area to be abandoned, consideration may be given to the transfer of ongoing property maintenance
responsibilities in determining the Abandonment Consideration Fee.

This publication can be made available in alternate formats (Braille, large print, computer diskette, or audiotape)
upon request. Contact the Planning & Development Department at (602) 262-7811 voice or (602) 534-5500 TTY.
P:\Abandonment, Right-of-Way Petition Page 197 TRT/DOC/00078E
WEB\ EXTERNAL dsd_trt_pdf_00078E 126-14D Rev.
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Page 198
TAB E




Page 199
Planning and Development Department


April 14, 2022
Preliminary Abandonment Staff Report: ABND 220011
Project# 99-3459
Quarter Section: 20-38
Council District: 6



Location: 4640 East Camelback Heights Way


Applicant: Lauren Proper Potter


Request to abandon: The triangular portion of land where North
Camelback Canyon Drive and East
Camelback Heights Way meet as illustrated
on the attached exhibit.



Purpose of request: The applicant states to allow access to the
private residence directly from the roadway
right-of-way, to place responsibility to
maintain vegetation upon the property owner
instead of the City, and to allow the property
owner to provide guest parking on their
property instead of the street.

Hearing date: April 14, 2022






Page 200
Portion of right-of-way proposed for
abandonment




City Staff Research
Staff research shows that the subject right-of-way was dedicated through the Camelback
Heights Plat, recorded on December 16, 1956 on docket 69, page 49 of the Maricopa County
Recorder. If abandoned, the right-of-way will be conveyed back in ownership to the abutting
property owner.

City Staff Comments
This request was routed to various City departments for their recommendations. Listed below
are the responses from each department.

Street Transportation Department – Maja Brkovic

1. No right-of-way within 25-feet of the Camelback Canyon Drive monument line may be
abandoned.

2. No right-of-way with 25-feet of the Camelback Heights Way monument lines may be
abandoned.

PDD Traffic Department – Derek Fancon
“Recommend approval.”

PDD Site Planning – Maggie Dellow



Page 201
“PDD Site Planning would like to ensure the customer understands the abandonment will not
grant any additional disturbance. The Hillside Waiver (DSAP 21252) for this site approved a
total disturbance of 16,680 sf. The abandonment will not increase this allowance. If the
customer wants more disturbance, the City would require a new hillside waiver submittal.”

Street Lights – Jason Fernandez
“Recommend approval.”

Water Services – Don Reynolds
“A 25’ ft. portion of the right of way shall be retained as water easement for the existing water
main with 24-hour maintenance access subject to the following standard stipulation:

No structure of any kind and/or block wall shall be constructed or placed within the easement
except wood or wire fencing and/or paving. No planting except grass and/or approved
ground cover shall be placed within the easement. It shall be further understood that the City
of Phoenix shall not be required to replace any obstructions, paving or planting that must be
removed during the course of required maintenance, reconstruction and/or construction.”

PDD Village Planner – Sarah Stockham
No comments received.

Public Transit Department – Michael Dwyer
“The abandonment will not affect solid waste service.”

PDD Civil Department – Todd Coy
“Recommend approval.”

Neighborhood Services – Lynda Lee
No comments received.

Utility Comments
The request was also routed to outside utility companies for their input. Listed below are the
responses from each utility.
Cox – Zach Lawson
“I have reviewed the abandonment request at ABND 220011 4640 E CAMELBACK HEIGHTS
WAY in Phoenix, {Maricopa County}, AZ. Based upon the supplied drawings/exhibits that you’ve
submitted it has been determined that COX has no facilities within the easements and therefore
we approve your request to abandon.
Please note that although Cox Communications approves this abandonment, we do so with the
understanding that we will not assume any construction, relocation and/or repairs costs
associated or in result of this abandonment.”
Southwest Gas – Tami Garcia
“After reviewing the plans for the above-referenced project, it has been determined that a gas
line lies within the area in question. We require that a clearance of at least two feet be
maintained between the gas line and other underground facilities. The procedure requires
calling Blue Stake at 602-263-1100 and following their excavation instructions to determine the





Page 202
exact location of the gas line. Permission is granted to abandon a portion of the right-of-way on
the area located at the above-referenced location under those conditions.”

Arizona Public Service – James Generoso
“APS has no objection to the abandonment proposed in ABND220011.”

CenturyLink – Mary Hutton
“Qwest Corporation d/b/a CENTURYLINK QC (“CenturyLink”) has reviewed the request for the
subject vacation/abandonment and has determined that it has no objections with respect to the
areas proposed at this project site.

It is the intent and understanding of CenturyLink that this notice shall not reduce our rights to
any other existing easement or rights we have on this site or in the area.

This vacation response is submitted WITH THE STIPULATION that if CenturyLink facilities are
found within the vacated area as described, the Applicant will relocate the facilities at
Applicant's expense and within guidelines set by CenturyLink and all regulating entities. All
relocations will be done under the supervision of a CenturyLink Inspector.”

Salt River Project – Sherry Wagner
“Salt River Project has no objection the abandonment of the triangular portion of land where
Camelback Canyon Drive and Camelback Heights Way meet as shown in your application
ABND220011. This is in the Arizona Public Service serving area”


Staff Recommended Stipulations of Approval
The request of abandonment, if approved by the Abandonment Hearing Officer, will be subject
to the following stipulations:
1. Either a or b shall be complied with:

a. All utilities shall be relocated to locations approved by each affected utility company.
All work is to be done by each affected utility company at no expense to the affected
utility company. An appropriate performance agreement, in an approved form and
cost amount, must be posted with the Planning and Development Department to
guarantee the improvements.

b. All right-of-way shall be retained as a public utilities easement with 24-hour vehicle
maintenance access.

2. Consideration which provides a public benefit to the City is required in accordance with
City Code Art. 5, Sec. 31-64 and Ordinance G-5332. Cost for abandoned Right-of-Way
adjacent to property not zoned single family residential will be $500 OR Fair Market
Value whichever is greater. Cost for property zoned single family residential is $1.00 a
square foot for the first 500 square feet, $0.10 a square foot thereafter; OR Fair Market
Value at the option of the Planning and Development Director or designee. The applicant
shall submit calculation and fee to Planning and Development Department. The
applicant shall request a selection of approved appraisers from the current list
maintained by the Real Estate division of the Finance Department.




Page 203
3. No right-of-way within 30-feet of the Camelback Canyon Drive monument line may be
abandoned.

4. No right-of-way south of the existing monument line of Camelback Heights Way may be
abandoned.

5. The right-of-way shall be retained as a slope easement.

6. All stipulations must be completed within two years from the Abandonment Hearing
Officer’s decision.


For assistance regarding the above stipulations, please contact the Abandonment
Coordinator at 602-256-3487.

REPORT SUBMITTED BY: Maggie Dellow, Abandonment Coordinator

cc: Lauren Proper Potter, Applicant/Representative
Christopher DePerro, Abandonment Hearing Officer




If the area to be abandoned is within or adjacent to a redevelopment area established pursuant
to A.R.S.§36-1471 ET.SEQ., Consideration may be given to the restrictions upon the property
and the covenants, conditions and obligations assumed by the redeveloper in the determination
of fair market value.



Page 204
TAB )




Page 205
Hillside Grading Waiver Appeal
Application


Phoenix City Code Section 32-32
DATE

Please be advised if there is a rezoning case in process on the subject property a
Technical Appeal cannot be filed until the case has been acted on by City Council.
Note that an appeal meeting with staff will be arranged in approximately 1 week. DSAP #

Please indicate your preference in attending this meeting: Yes No

PROJECT NAME PROJECT ADDRESS OR LOCATION PROJECT #


OWNERS NAME ADDRESS ZIP CODE PHONE


APPLICANT'S NAME (NOT COMPANY NAME) APPLICANT'S ADDRESS SUITE NUMBER PHONE


APPLICANT'S E-MAIL ADDRESS P&D STAFF FAMILIAR WITH PROJECT


RELATIONSHIP TO PROJECT AND COMPANY NAME


A request is hereby made for an appeal, to Section(s) _________________________________________
of the Ordinance and/or Code, which require(s) that: (use attachment if necessary):
__________________________________________________________________________________________
__________________________________________________________________________________________
State the factual and/or legal basis for the appeal. Include the alternate design and design parameters based on a
recognized standard and the reason(s) why the proposed appeal meets the intent of the Phoenix City Code Section
32-32 C (5)(d)(1):
(use attachment if necessary): _________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________



_______________________________________________ ______________________________________________
If applicant is not the owner or the owner’s architect or Applicant’s Signature Title
engineer, owner’s signature must appear on line above

FOR CITY USE ONLY
Technical Lead Print Name __________________________________ Fee Code __________________

APPROVED APPROVED WITH STIPULATIONS DENIED

Attendees: __________________________________________________________________________________________

___________________________________________________________________________________________________

___________________________________________________________________________________________________


_____________________________ ________________________________________________________________
DATE CITY MANAGER’S REPRESENTATIVE OR DELEGATE





An applicant may receive a clarification from the city of its interpretation or application of a statute, ordinance, code or authorized substantive
policy statement. To request clarification or to obtain further information on the application process and applicable review time frames, please
call 602-262-7811 or visit our website at http://phoenix.gov/pdd/licensetimes.html. This publication can be made available in alternate formats
upon request. Contact Planning & Development at (602) 262-7811 voice or (602) 534-5500 TTY.

S:\Appeal Application, Hillside Grading Waiver TRT/DOC/00055
WEB:dsd_trt_pdf_00055 New 9/14



Page 206
Hillside Grading Waiver Appeal Application – Page 2 of 2 TRT/DOC/00055




Pre-log Checklist:

Hillside Grading Waiver
Phoenix City Code Section 32-32.

Initial Appeal to City Manager's Representative
 3 copies of narrative and graphic exhibit describing applicant proposal and basis for
appeal.
 Photographs: On-site, adjacent to site within 300.'
 List of property owners within 300' of site. Please contact Maricopa County Assessors
website at http://www.maricopa.gov/Assessor/GIS/Map.html.
 Install Autodesk MapGuide (R) Viewer Active X Control) to obtain a list of property
owners.
 Verification must be provided that owners have been notified by certified letter at least
15 days prior to the hearing.
 Dimensioned single-family plot plan or site plan/subdivision.
 Hillside calculations (See Hillside Grading Waiver Submittal Requirements).
Total Lot Area: _______________ SF Total Hillside Area: ________________ SF
Total Area under Roof: ________________ SF (From total lot) _______________ %
Proposed Under Roof: _______________ SF
Total Area Disturbed Beyond Roof: ____________ SF
Total % of Hillside Disturbed: ______ %
 If administrative approval to be done by City Manager Representative, the property
must be posted for a period of 15 days prior to the administrative approval date. It shall
be the responsibility of the applicant to ensure that the posting remains in place for the
entire 15 day period.
 Fee(s) per Chapter 9, Appendix A.2 of Phoenix City Code are:
 $600.00 first appeal item plus - SPAPPCM
 $300.00 each additional appeal item

Subsequent Appeal to Development Advisory Board
 Must submit appeal request within 10 days of the CMR decision.
 1 copy of City Manager’s Representative decision.
 Fee(s) per Chapter 9, Appendix A.2 of Phoenix City Code are:
 $600.00 first appeal item plus - SPAPPDAB
 $300.00 each additional appeal item




Page 207
Page 208
TAB *




Page 209
Page 210
Page 211
Page 212
TAB +




Page 213
SITE PLAN VS ROW EXHIBIT
APPROXIMATE LOCATION OF DRIVEWAY




Page 214




APN: 171-16-009
4640 E CAMELBACK HEIGHTS WAY PHOENIX AZ 85018
PLANNING & DEVELOPMENT DEPARTMENT




To: Alan Stephenson Date: October 5, 2022
Deputy City Manager
Planning and Development Director

From: Joshua Bednare��
Planning and Development Deputy Director

Subject:
CONTINUANCE OF ITEM 89 ON THE OCTOBER 12, 2022 FORMAL AGENDA
-PUBLIC HEARING - APPEAL OF HEARING OFFICER DECISION
ABANDONMENT OF RIGHT-OF-WAY - ABND 220011 - 4640 EAST
CAMELBACK HEIGHTS WAY

Item 89, is a request to hold a public hearing on an appeal of the Abandonment Hearing
Officer's decision to approve the abandonment of right-of-way (ABND 220011) located at
4640 East Camelback Heights Way.

Staff request this continuance to ensure requirements for notification are fulfilled and to
allow the applicant and appellant additional time to discuss the request.

Staff recommends continuing this item to the December 7, 2022 City Council Formal
meeting.




Approved:

Alan Stephenson
Deputy City Manager/Planning and Development Director




Page 215
PLANNING & DEVELOPMENT DEPARTMENT



To: Alan Stephenson Date: November 28, 2022
Deputy City Manager
Planning and Development Director

From: Joshua Bednarek<}(-0
Acting Assistant D�ctor, Planning Division
Planning and Development Department

Subject: CONTINUANCE OF ITEM 78 ON THE DECEMBER 7, 2022 FORMAL
AGENDA­PUBLIC HEARING -APPEAL OF HEARING OFFICER DECISION
ABANDONMENT OF RIGHT-OF-WAY -ABND220011 -4640 EAST
CAMELBACK HEIGHTS WAY

Item 78, is a request to hold a public hearing on an appeal of the Abandonment Hearing
Officer's decision to approve the abandonment of right-of-way (ABND 220011) located at
4640 East Camelback Heights Way.

Staff has received correspondence from the representatives of the applicant and the
appellant requesting a continuance to allow their clients additional time to work on a
resolution to this matter.

Staff recommends continuing this item to the February 15, 2023 City Council Formal
meeting.




Approved: � �
AlanStep;nson
Deputy City Manager/Planning and Development Director




Page 216
Page 217



Report

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
Public Hearing and Ordinance Adoption - Rezoning Application Z-50-22-4 -
Approximately 180 Feet North of the Northeast Corner of 7th Avenue and
Camelback Road (Ordinance G-7078)

Request to hold a public hearing and amend the Phoenix Zoning Ordinance, Section
601, the Zoning Map of the City of Phoenix, and consider adopting Rezoning
Application Z-50-22-4 to rezone the site from C-2 TOD-1 (Intermediate Commercial,
Interim Transit-Oriented Zoning Overlay District One) to WU Code T5:5 UT (Walkable
Urban Code, Transect 5:5, Transit Uptown Character Area) to allow multifamily
residential.

Summary
Current Zoning: C-2 TOD-1
Proposed Zoning: WU Code T5:5 UT
Acreage: 4.79
Proposed Use: Multifamily residential

Owner: Larkspur Lane Investment Properties, LLC
Applicant: Brian Greathouse, Burch & Cracchiolo, PA
Representative: Brian Greathouse, Burch & Cracchiolo, PA

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Alhambra Village Planning Committee heard this case on Dec. 20,
2022, and recommended approval, per the staff recommendation, with an additional
stipulation, by a vote of 12-4.
PC Action: The Planning Commission heard this case on Jan. 5, 2023, and
recommended approval, per the Alhambra Village Planning Committee
recommendation, by a vote of 8-0.
The Planning Commission recommendation was appealed for a public hearing by a
community member on Jan. 9, 2023, and by the adjacent property owner on Jan. 12,
2023.

Location
Approximately 180 feet north of the northeast corner of 7th Avenue and Camelback


Page 218

Road
Council District: 4
Parcel Address: 5015, 5025, 5027, 5031, 5033, 5035, 5037, 5041, 5043, 5049, and
5075 N. 7th Ave.

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Planning and
Development Department.




Page 219
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 ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-50-22-4) FROM C-2 TOD-1 (INTERMEDIATE
COMMERCIAL, INTERIM TRANSIT-ORIENTED ZONING
OVERLAY DISTRICT ONE) TO WU CODE T5:5 UT (WALKABLE
URBAN CODE, TRANSECT 5:5, TRANSIT UPTOWN
CHARACTER AREA).

____________



BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PHOENIX, as

follows:

SECTION 1. The zoning of a 4.79-acre site located approximately 180 feet

north of the northeast corner of 7th Avenue and Camelback Road in a portion of Section

17, Township 2 North, Range 3 East, as described more specifically in Exhibit “A,” is

hereby changed from “C-2 TOD-1” (Intermediate Commercial, Interim Transit-Oriented

Zoning Overlay District One) to “WU Code T5:5 UT” (Walkable Urban Code, Transect

5:5, Transit Uptown Character Area).

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.”




Page 220
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,

violation of which shall be treated in the same manner as a violation of the City of

Phoenix Zoning Ordinance:

1. The developer shall provide a minimum 10,000 square feet of publicly
accessible open space in a forecourt configuration, as described below and as
approved or modified by the Planning and Development Department. The
publicly accessible open space shall be:

a. Adjacent and accessible to the public sidewalk on 7th Avenue

b. Provided in areas of not less than 500 square feet and 20 feet in width;

c. Shaded to a minimum of 50 percent by vegetative shade;

d. Maintained in perpetuity without fences or barriers;

e. Eligible to qualify as a forecourt frontage type;

f. Improved to contain, at minimum, a drinking fountain for people and
pets, art, and seating.

2. All ground floor dwelling units adjacent to 7th Avenue shall utilize the stoop and
doorwell, forecourt, or porch frontage types, as approved or modified by the
Planning and Development Department.

3. Between the public sidewalk and the building fronts, there shall be a 6-foot-
wide landscape area planted with minimum 3-inch caliper shade trees placed
20 feet on center or in equivalent groupings, as approved or modified by the
Planning and Development Department to comply with frontage requirements.

4. The development shall incorporate masonry elements into the primary exterior
building materials and shall be reflective of the architectural style in the area, as
approved by the Planning and Development Department.

5. The developer shall install traffic calming devices along the driveways of the
property so that vehicle drivers exercise caution prior to crossing the sidewalk
when exiting the property, as approved or modified by the Planning and
Development Department.

6. The developer shall incorporate bicycle infrastructure, as described below and
as approved by the Planning and Development Department.




Page 221
a. All required bicycle parking for multifamily use, per Section 1307.H of the
Phoenix Zoning Ordinance, shall be secured parking.

b. Guest bicycle parking for multifamily residential use shall be provided at
a minimum of 0.05 spaces per unit with a maximum of 50 required
spaces near entrances of buildings and installed per the requirements of
Section 1307.H of the Phoenix Zoning Ordinance.

c. One bicycle repair station shall be provided and maintained by the
developer in an area of high visibility near the secure bicycle parking
areas.

7. A minimum 35 percent of the uncovered parking lot area shall be shaded by
minimum 3-inch caliper shade trees, as approved by the Planning and
Development Department.

8. The applicant shall submit a Traffic Impact Study (TIS) to the City for this
development. The TIS shall include evaluation of 7th Avenue peak hour
restrictions and resulting site traffic routing on the surrounding street network
and proposed mitigation to Colter Street. The developer shall be responsible for
all costs for mitigation measure determined by the Study and contribute funds
for the Colter Street Project. No preliminary approval of plans shall be granted
until the study is reviewed and approved by the City.

9. The southern driveway onto 7th Avenue, as depicted on the site plan date
stamped October 31, 2022, shall be restricted to right-in/right-out only and
access shall be coordinated with the Public Transit Department, as approved
by Planning and Development.

10. The developer shall construct a minimum 6-foot-wide sidewalk separated from
the curb by a minimum 10-foot-wide landscape area along the east side of 7th
Avenue and planted with minimum three-inch caliper shade trees placed 20
feet on center or in equivalent groupings, as approved by the Planned and
Development Department.

11. The developer shall dedicate a sidewalk easement to accommodate a
minimum 6-foot-wide sidewalk and minimum 10-foot-wide landscape area
located between the back of curb and sidewalk, as approved by the Planning
and Development Department.

12. 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.




Page 222
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.

14. 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.

15. The developer shall work with the Street Transportation and Planning and
Development departments regarding the proposed parking along the north side
of the site so that it does not interfere with traffic flow along the shared
driveway and to potentially stripe the driveway to include a left-turn lane.


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 1st day of February,

2023.




________________________________
MAYOR


ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Julie M. Kriegh, City Attorney




Page 223
By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager



Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)




Page 224
EXHIBIT A

A PARCEL OF LAND BEING SITUATED WITHIN THE SOUTHWEST QUARTER OF
SECTION 17, TOWNSHIP 2 NORTH, RANGE 3 EAST OF THE GILA AND SALT
RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:

COMMENCING AT A CALCULATED POINT ACCEPTED AS THE SOUTHWEST
CORNER OF SAID SECTION 17, FROM WHICH A CALCULATED POINT BEARS
NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, 1324.02 FEET;

THENCE ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER OF SAID
SECTION 17, NORTH 00 DEGREES 11 MINUTES 13 SECONDS WEST, A
DISTANCE OF 170.41 FEET TO THE POINT OF BEGINNING;

THENCE CONTINUING NORTH 00 DEGREES 11 MINUTES 13 SECONDS WEST, A
DISTANCE OF 476.66 FEET;

NORTH 89 DEGREES 48 MINUTES 47 SECONDS EAST, A DISTANCE OF 40.00
FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF 7TH AVENUE;

THENCE NORTH 89 DEGREES 59 MINUTES 54 SECONDS EAST, A DISTANCE OF
396.15 FEET;

THENCE SOUTH 00 DEGREES 11 MINUTES 13 SECONDS EAST, A DISTANCE OF
472.00 FEET;

THENCE SOUTH 89 DEGREES 59 MINUTES 54 SECONDS WEST, A DISTANCE OF
189.15 FEET;

THENCE SOUTH 00 DEGREES 11 MINUTES 13 SECONDS EAST, A DISTANCE OF
12.16 FEET;

THENCE SOUTH 89 DEGREES 59 MINUTES 54 SECONDS WEST, A DISTANCE OF
114.00 FEET;

THENCE NORTH 00 DEGREES 11 MINUTES 13 SECONDS WEST, A DISTANCE OF
7.50 FEET;

THENCE SOUTH 89 DEGREES 59 MINUTES 54 SECONDS WEST, A DISTANCE OF
93.00 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF 7TH
AVENUE;

THENCE SOUTH 89 DEGREES 48 MINUTES 47 SECONDS WEST, A DISTANCE OF
40.00 FEET TO THE POINT OF BEGINNING;
SAID PARCEL CONTAINS 207,870 SQ FT OR 4.772 ACRES.




Page 225
Page 226
Attachment B




Staff Report Z-50-22-4
December 16, 2022

Alhambra Village Planning December 20, 2022
Committee Meeting Date:
Planning Commission Hearing Date: January 5, 2023
Request From: C-2 TOD-1 (Intermediate Commercial,
Interim Transit-Oriented Zoning Overlay
District One) (4.79 acres)
Request To: WU Code T5:5 UT (Walkable Urban Code,
Transect 5:5, Transit Uptown Character
Area) (4.79 acres)
Proposed Use: Multifamily Residential
Location: Approximately 180 feet north of the
northeast corner of 7th Avenue and
Camelback Road
Owner: Larkspur Lane Investment Properties, LLC
Applicant: Brian Greathouse, Burch & Cracchiolo, PA
Representative: Brian Greathouse, Burch & Cracchiolo, PA
Staff Recommendation: Approval, subject to stipulations

General Plan Conformity

General Plan Land Use Map Designation Commercial

Street Map
7th Avenue Arterial 40-foot east half street
Classification
CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS CORE
VALUE; HEALTHY NEIGHBORHOODS; DESIGN PRINCIPLE: Establish design
standards and guidelines for parking lots and structures, setback and build-to
lines, blank wall space, shade, and other elements affecting pedestrians, to
encourage pedestrian activity and identify options for providing pedestrian-
oriented design in different types of development.
The proposal includes design and development standards to encourage walking,
bicycling, and transit use. These standards include a shaded streetscape, units
fronting onto the public sidewalk, parking situated away from the public street, and on-
site amenities.
CONNECT PEOPLE AND PLACES CORE VALUE; BICYCLES; DESIGN
PRINCIPLE: Development should include convenient bicycle parking.




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The proposal includes bicycle facilities to encourage bicycling and transit use to
become a way of life by leveraging its proximity to the light rail station at 7th Avenue
and Camelback, the Colter Street Pedestrian and Bicycle Improvements, and the
Phoenix Sonoran Bikeway on 3rd Avenue. Features include secure bicycle parking for
residents, convenient racks for guests, and a bicycle repair station for residents.
BUILD THE SUSTAINABLE DESERT CITY CORE VALUE; DESIGN PRINCIPLE:
Integrate trees and shade into the design of new development and
redevelopment projects throughout Phoenix.
The proposal includes robust tree plantings between the back of curb and the building
fronts and a detached sidewalk that will be shaded to 75 percent as stipulated. These
improvements will serve create a comfortable pedestrian environment along 7th
Avenue to make the walk from the adjacent neighborhood to the light rail and other
nearby amenities more comfortable.
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 subject site is approximately 200 feet from the 7th Avenue and Camelback Road
light rail station, and the proposal to provide multifamily residential meets the goals of
the Uptown Transit Oriented Development Policy Plan and the Housing Phoenix Plan.


Applicable Plans, Overlays, and Initiatives

TOD Strategic Policy Framework: Background Item No. 4.

Uptown Transit Oriented Development Policy Plan: Background Item No. 5.

Alhambra Village Character Plan: Background Item No. 6.

Tree and Shade Master Plan: Background Item No. 9.

Complete Streets Guidelines: Background Item No. 10.

Housing Phoenix: Background Item No. 11.

Supporting documents

No supporting documents stored.


View on Agenda Online ↗

Item text
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December 16, 2022




Surrounding Land Uses and Zoning
Land Use Zoning
Vacant, former retail suites,
On Site C-2 TOD-1
and other commercial uses
Driveway for multifamily
North residential to the east, WU Code T5:5 UT, R-4
church and school
Liquor and smoke shop,
C-2 TOD-1, WU Code
South mattress store, and
T5:5 UT
multifamily residential
East Multifamily residential WU Code T5:5 UT

Commercial shopping
West (across 7th Avenue) C-2 TOD-1
center

Walkable Urban Code
Transect 5:5 UT
Standards Requirements Site Plan Provisions
Gross Acres 4.79
Total Dwelling Units No maximum 249
Density 52 dwelling units per acre
Building Height 56 foot maximum 54 feet 9 inches (Met)
Building Setbacks
Primary Frontage 12 foot maximum 6 feet (Met, per Stipulation
(7th Avenue) No. 3)
Parking
Primary Frontage Setback 30 foot minimum or behind 30 feet (Met)
building
Parking Spaces 244 spaces required 272 spaces (Met)

97 spaces for studios,
172.5 spaces for 1-
bedroom units, 55.5
spaces for 2-bedrooms

25 percent reduction
permitted, 0.25 miles of
light rail station.




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Walkable Urban Code
Transect 5:5 UT
Standards Requirements Site Plan Provisions
Streetscape Standards
Primary Frontage Minimum sidewalk width of 6-foot-wide sidewalk, 10-
6 feet and a minimum foot-wide landscape area
landscape width of 5 feet (Met, per Stipulation No
10)
Lot Requirements
Lot Coverage 80 percent maximum 26.4 percent (Met)
Primary Frontage 70 percent minimum 78 percent (Met)
Frontage Types All frontages Porch and Storefront (Met,
per Stipulation No. 2)
Open Space Minimum 5 percent of Not listed, 5 percent
gross site area required as publicly
accessible per Stipulation
No. 1
Glazing Requirements
Primary Frontage
Ground Floor 25 percent Not listed
Second Floor 25 percent, 10 percent Not listed
East and West
*Site plan revision, variance, of administrative relief required.

Background/Issues/Analysis

SUBJECT SITE
1. This request is to rezone 4.97 acres located approximately 180 feet north of the
northeast corner of 7th Avenue and Camelback Road from C-2 TOD-1
(Intermediate Commercial, Interim Transit-Oriented Zoning Overlay District One) to
WU Code T5:5 UT (Walkable Urban Code, Transect 5:5, Transit Uptown Character
Area) for multifamily residential.

SURROUNDING LAND USES AND ZONING
2. The subject site contains vacant commercial structures. To the east of the subject
site is a five-story multifamily residential development under construction that was
rezoned to WU Code T5:5 UT through Rezoning Case No. Z-39-19-4. To the north
of the subject site is a driveway to the multifamily residential development to the
east, and a high school and church zoned R-4 (Multifamily Residence District). To
the south of the subject site are multiple commercial properties zoned C-2 TOD-1
and a portion of a multifamily development zoned WU Code T5:5 UT. To the west
of the subject site across 7th Avenue is a commercial shopping center zoned C-2



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TOD-1.

GENERAL PLAN LAND USE MAP
3. The General Plan Land Use Map
designates the site as Commercial. The
proposal for multifamily residential is
consistent with the designation. To the
south, west, and east is designated as
Commercial. To the north of the
driveway is designated as Public/Quasi-
Public.




General Plan Land Use Map, Source: Planning and
Development Department

4. Transit Oriented Development Strategic
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. The subject site is located
within 200 feet from the light rail station
located at 7th Avenue and Camelback Road
which is identified as a Medium Urban Center
Place Type. The Medium Urban Center
Place Type is characterized by high intensity
with building heights typically from three to
six stories with incentive heights of up to 10
stories when bonus criteria are met. The Transit Oriented Development Strategic
proposal for four stories is consistent with the Excerpt; Source: Planning and
Policy Framework, Place Type Map

intensity envisioned by the Medium Urban Development Department
Center Place Type.

5. Uptown TOD Policy Plan: The site is located within the Uptown TOD Planning
Area which is bound by Missouri Avenue on the north, 7th Street on the east,
Indian School Road on the south, and the western edge is generally 7th Avenue
south of the Grand Canal and 15th Avenue north of the Grand Canal. The policy
plan for the Uptown TOD District provides a blueprint for fully achieving the




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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.

With specific regard to the proposed use Uptown TOD Policy Plan, Conceptual Zoning
and the site, the Uptown TOD District Plan; Source: Planning and Development
Plan provides the following guidance.
Department

• The site is depicted on the
Conceptual Zoning Plan with a
recommended Transect of 5:5,
which the applicant has
proposed.
• The plan projects a shortfall of
10,888 housing units by 2035
and articulates a goal for more
housing and employment in
proximity to high-capacity transit.
The proposal would add 249
dwelling units near light rail.
• The plan identifies that only 22
percent of households are within
a 0.25 mile walk of healthy food
and the proposal would bring 249
households within that distance
of the Fry’s Food Store located at
the northwest corner of 7th
Avenue and Camelback Road.

6. Alhambra Village Character Plan:
The Alhambra Village Character Plan was approved and adopted into the Phoenix
General Plan through General Plan Amendment GPA-1-19. The project advances
the following items identified in the Alhambra Village Character Plan:
• Land Use Principle: Locate major traffic-generating land uses on major
streets in areas planned for such uses, or near parkway and freeway access
and transit centers or light rail transit stations, and avoid use of local streets.
• Land Use Principle: Promote and encourage compatible infill development
with a mix of housing types in neighborhoods close to employment centers,
commercial areas and where transit or transportation alternatives exist.
• Design Principle: Integrate trees and shade into the design of new
development and redevelopment projects throughout Phoenix.




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• 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 proposal would add new multifamily residential within close proximity to high-
capacity transit, on an arterial street, and in a walkable urban configuration that will
produce a strong and well shaded pedestrian environment with parking situated to
the rear of the site, with the exception of the parking spaces along the driveways at
the far north and south of the site.

PROPOSAL
7. Site Plan
The applicant is proposing 249
dwelling units in a four-story
configuration. The proposal
provides ground-level surface
parking shaded to 35 percent
(per Stipulation No. 7) located
behind or set back from the
building. The vehicular
ingress/egress is from a
driveway at the south edge of
the site and through an access
easement north of the site
shared with the adjacent
multifamily east of the subject
site. The driveway on 7th
Avenue will be restricted to
right-in/right-out (Stipulation No.
9). Further, traffic calming
devices will be installed at
driveways to slow vehicles
down when crossing the Conceptual Site Plan; Source: Wilder Architects
sidewalk, per Stipulation No. 5.

The streetscape along 7th Avenue includes a six-foot-wide sidewalk detached from
the curb with a ten-foot-wide landscape strip (Stipulation No. 10) with a six-foot-
wide landscape setback between the sidewalk and building to accommodate a
double row of trees along the streetscape (Stipulation No. 3). To further activate
the streetscape, the applicant is providing ground-floor units with the porch
frontage type. This frontage type is codified in Stipulation No. 2.




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The applicant is providing 10,000 square feet of publicly accessibly open space,
adjacent to 7th Avenue and shaded to a minimum of 50 percent, at the north and
south corners and at the midpoint of the site. Staff recommends Stipulation No. 1
to ensure that the provided open space areas are developed as proposed.

8. Conceptual Building Elevations

To promote enhanced design and compatibility with the surrounding area, staff is
recommending Stipulation No. 4 which requires that masonry elements be
incorporated into the primary exterior building materials.




Conceptual 7th Avenue Elevation; Source: Wilder Architects

STUDIES AND POLICIES
9. 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 proposal aligns with the Tree and Shade Master Plan in the following ways.
First, the Walkable Urban Code requires that all public sidewalks be shaded to a
minimum of 75 percent at maturity. Second, as required by Stipulation No. 3 the
applicant will provide a six-foot-wide landscape area along 7th Avenue planted with
minimum three-inch caliper shade trees. Stipulation No. 7 requires that the surface
parking area be shaded to 35 percent by minimum three-inch caliper trees and that
the landscape area between the back of curb and sidewalk be planted with three-
inch caliper trees (Stipulation No. 10).

10. Complete Streets Guidelines:
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.




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The Walkable Urban Code is designed to facilitate pedestrian, bicycle, and transit-
oriented development and includes provisions to advance the goals of the policy
guide. As required by Stipulation No. 5, traffic calming devices will be installed
along the driveways to slow vehicles down when exiting the site. Stipulation No. 6
requires bicycle parking and a fix-it station, and Stipulation No. 10 requires a six-
foot-wide sidewalk detached from the curb with a ten-foot-wide landscape strip.

11. 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.

12. Zero Waste Phoenix 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 applicant stated in their application
materials that they anticipate the developer will incorporate recycling options for
residents.

COMMUNITY CORRESONDENCE
13. As of the writing of this report, staff has not received letters or support or opposition
from members of the public.

INTERDEPARTMENTAL COMMENTS
14. The Fire Department commented that the site plan must comply with the Phoenix
Fire Code, indicated there are no problems anticipated with the case, but noted
that the applicant should be aware of requirements for fire apparatus access road
turning radius, width, and clear height.




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15. The Street Transportation Department provided a series of stipulations related to
the perimeter conditions of the proposed development including the following:
Stipulation No. 8 to require a Traffic Impact Study to evaluate 7th Avenue peak
hour restrictions, site traffic routing on the surrounding street network and a
contribution of funds for the Colter Street Project; Stipulation No. 9 requiring that
the southern driveway on 7th Avenue be right-in/right-out, Stipulation Nos. 10 and
11 to require a shaded and detached sidewalk along 7th Avenue with a
corresponding sidewalk easement; and Stipulation No. 12 to require all
improvements in the right-of-way be constructed with all required elements and to
ADA standards.

16. The Public Transit Department asked that the existing bus stop be retained
towards the southern boundary of the site. That is shown on the site plan attached
as an exhibit.

OTHER
17. 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 City of
Phoenix Archaeology Office must be notified immediately and allowed time to
properly assess the materials. This is addressed in Stipulation No. 13.

18. Staff has not received a completed form for the Waiver of Claims for Diminution in
Value of Property under Proposition 207 (A.R.S. 12-1131 et seq.), as required by
the rezoning application process. Therefore, a stipulation has been added to
require the form be completed and submitted prior to preliminary site plan
approval. This is addressed in Stipulation No. 14.

19. 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.

Findings

1. The proposed development is consistent with the General Plan Land Use Map
designation and the transect map within the Uptown Transit Oriented
Development Policy Plan.

2. The proposal as stipulated, will create a strong pedestrian environment along
7th Avenue with shaded and detached sidewalks to convey residents safely




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and comfortably to the 7th Avenue/Camelback Road light rail station.

3. The proposal will create additional housing options in line with the Housing
Phoenix Plan’s goal of preserving or creating 50,000 housing units by 2030.

Stipulations

1. The developer shall provide a minimum 10,000 square feet of publicly
accessible open space in a forecourt configuration, as described below and as
approved or modified by the Planning and Development Department. The
publicly accessible open space shall be:

a. Adjacent and accessible to the public sidewalk on 7th Avenue

b. Provided in areas of not less than 500 square feet and 20 feet in width;

c. Shaded to a minimum of 50 percent by vegetative shade;

d. Maintained in perpetuity without fences or barriers;

e. Eligible to qualify as a forecourt frontage type;

f. Improved to contain, at minimum, a drinking fountain for people and
pets, art, and seating.

2. All ground floor dwelling units adjacent to 7th Avenue shall utilize the stoop
and doorwell, forecourt, or porch frontage types, as approved or modified by
the Planning and Development Department.

3. Between the public sidewalk and the building fronts, there shall be a 6-foot-
wide landscape area planted with minimum 3-inch caliper shade trees placed
20 feet on center or in equivalent groupings, as approved or modified by the
Planning and Development Department to comply with frontage requirements.

4. The development shall incorporate masonry elements into the primary exterior
building materials and shall be reflective of the architectural style in the area,
as approved by the Planning and Development Department.

5. The developer shall install traffic calming devices along the driveways of the
property so that vehicle drivers exercise caution prior to crossing the sidewalk
when exiting the property, as approved or modified by the Planning and
Development Department.




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6. The developer shall incorporate bicycle infrastructure, as described below and
as approved by the Planning and Development Department.

a. All required bicycle parking for multifamily use, per Section 1307.H of
the Phoenix Zoning Ordinance, shall be secured parking.

b. Guest bicycle parking for multifamily residential use shall be provided at
a minimum of 0.05 spaces per unit with a maximum of 50 required
spaces near entrances of buildings and installed per the requirements
of Section 1307.H of the Phoenix Zoning Ordinance.

c. One bicycle repair station shall be provided and maintained by the
developer in an area of high visibility near the secure bicycle parking
areas.

7. A minimum 35 percent of the uncovered parking lot area shall be shaded by
minimum 3-inch caliper shade trees, as approved by the Planning and
Development Department.

8. The applicant shall submit a Traffic Impact Study (TIS) to the City for this
development. The TIS shall include evaluation of 7th Avenue peak hour
restrictions and resulting site traffic routing on the surrounding street network
and proposed mitigation to Colter Street. The developer shall be responsible
for all costs for mitigation measure determined by the Study and contribute
funds for the Colter Street Project. No preliminary approval of plans shall be
granted until the study is reviewed and approved by the City.

9. The southern driveway onto 7th Avenue, as depicted on the site plan date
stamped October 31, 2022, shall be restricted to right-in/right-out only and
access shall be coordinated with the Public Transit Department, as approved
by Planning and Development.

10. The developer shall construct a minimum 6-foot-wide sidewalk separated from
the curb by a minimum 10-foot-wide landscape area along the east side of 7th
Avenue and planted with minimum three-inch caliper shade trees placed 20
feet on center or in equivalent groupings, as approved by the Planned and
Development Department.

11. The developer shall dedicate a sidewalk easement to accommodate a
minimum 6-foot-wide sidewalk and minimum 10-foot-wide landscape area
located between the back of curb and sidewalk, as approved by the Planning




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and Development Department.

12. 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.

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.

14. 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.


Writer
Sarah Stockham
December 16, 2022

Team Leader
Racelle Escolar

Exhibits
Zoning sketch map
Aerial sketch map
Conceptual Site Plan date stamped October 31, 2022
Conceptual Landscape Plan date stamped October 31, 2022
Conceptual Building Elevations date stamped October 31, 2022 (4 pages)




Page 239
R-5 C-2
P-1


7TH AVE
R-4




C-2 *
Z-91-88 WU Code
T5:5 UT *
Z-39-19



Transit
Overlay
District (TOD-1) C-2 HP *
Z-60-18


CAMELBACK RD

C-2 C-3
C-2

NORTHERN AVE

Miles GLENDALE AVE

0.035 0.0175 0 0.035 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
Z-50-22

REQUESTED CHANGE:
Brian Greathouse, Burch & Cracchiolo, PA
APPLICANT'S NAME:

FROM:
C-2 TOD-1 ( 4.79 a.c.)
APPLICATION NO.
DATE:
6/30/2022
Z-50-22 RE VISION DATES:



GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP


4.79 Acres H-8
QUARTER SEC. NO.

QS 19-27 TO: WU Code T5:5 UT ( 4.79 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
C-2 TOD-1 69 83
WU Code T5:5 UT No Maximum N/A

* Maximum Units Allowed with P.R.D. Bonus Page 240
Document Path: S:\Department Share\Information Systems\PL G IS\IS_Team\Core_Functions\Zoning\sketch_maps\2022\Z-50-22.mxd
R-5 C-2
P-1


7TH AVE
R-4




C-2 *
Z-91-88 WU Code
T5:5 UT *
Z-39-19



Transit
Overlay
District (TOD-1) C-2 HP *
Z-60-18


CAMELBACK RD

C-2 C-3
C-2

NORTHERN AVE

Miles GLENDALE AVE

0.035 0.0175 0 0.035 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
Z-50-22

REQUESTED CHANGE:
Brian Greathouse, Burch & Cracchiolo, PA
APPLICANT'S NAME:

FROM:
C-2 TOD-1 ( 4.79 a.c.)
APPLICATION NO.
DATE:
6/30/2022
Z-50-22 RE VISION DATES:



GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP


4.79 Acres H-8
QUARTER SEC. NO.

QS 19-27 TO: WU Code T5:5 UT ( 4.79 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
C-2 TOD-1 69 83
WU Code T5:5 UT No Maximum N/A

* Maximum Units Allowed with P.R.D. Bonus Page 241
Document Path: S:\Department Share\Information Systems\PL G IS\IS_Team\Core_Functions\Zoning\sketch_maps\2022\Z-50-22.mxd
1.20
EXISTING 30' ACCESS EASEMENT
8'-0"
PER SURVEY INFO
1.12 N89°59'54"E 396.15'(C) 1.12
1.05
NORTH NORTH
1.14 1.14 1.03
1.10
1.06
1.11
WILDER ARCHITECTS
1.27 16904 CLUB HILL DR
E1 E1 A2 A2 E1 E1 B1 E1 E1 A2 B1 E1 E1 A2 A2 E1 E1 B1 E1 E1 A2 B1

LOADING
B1 37'x30' 37'x30' B1 37'x30' 37'x30'
DALLAS, TX 75248
SITE INFORMATION
18'x30' 18'x30' 24'x30' 24'x30' 18'x30' 18'x30' 18'x30' 18'x30' 24'x30' 18'x30' 18'x30' 24'x30' 24'x30' 18'x30' 18'x30' 18'x30' 18'x30' 24'x30'
1.30 37'x30' 540 SF 540 SF 720 SF 720 SF 540 SF 540 SF 1,110 SF 540 SF 540 SF 720 SF 1,110 SF 37'x30' 540 SF 540 SF 720 SF 720 SF 540 SF 540 SF 1,110 SF 540 SF 540 SF 720 SF 1,110 SF 214.616.5196
1,110 SF 1,110 SF
WILDERARCH.COM

1.06 E1 STO. STO. STO. STO. STO. E1 ADDRESS: 5015, 5025, 5027, 5037, 5049 Project Owner:
18'x30' E1 A2 E1 18'x30' E1 A2 E1 E1 A2 A2 A2 A2 A2 NORTH 7TH AVE,
540 SF B2 18'x30' 24'x30' 18'x30' 1.17 540 SF B2 18'x30' 24'x30' 18'x30' 18'x30' 24'x30' 24'x30' 24'x30' 24'x30' 24'x30'
A1
1,150 SF 540 SF 720 SF 540 SF
G G G G G G G G G G G 1,150 SF 540 SF 720 SF 540 SF 540 SF 720 SF 720 SF 720 SF 720 SF 720 SF PHOENIX, AZ 85013
E1 E1 698 SF
18'x30' 18'x30'
540 SF 540 SF CURRENT ZONING: C-2
1.06 1.06 REQUESTED ZONING: WU T5:5
A2 A2 E1
24'x30' 1.13 24'x30' 18'x30'
MAGNOLIA PROPERTY CO.




PORCH FRONTAGE TYPE, PER CH. 13 WU CODE
720 SF 720 SF 540 SF SITE SIZE:
AMENITY NET: 188,803 SF (4.33 AC) 2435 SOUTHLAKE BLVD.
1.12 A2 SUITE 150
A2 A2 24'x30' GROSS: 207,994 SF (4.77 AC)
24'x30' 24'x30' 720 SF
SOUTHLAKE, TX 76092




372'-9" (78% of SITE FRONTAGE)
720 SF 720 SF
A2 LOT COVERAGE: BLDG FOOTPRINT: 55,000 SF (26.4%)
E1 E1 A2
299'-9"
24'x30' 1.23 Issues and Revisions:




S00°11'13"E 472.00'(C)
18'x30' 18'x30' 24'x30'
720 SF ALLOWABLE BUILDING HT: 56'




(EXTERIOR ENTRY SERVES AS SECONDARY ENTRY)
540 SF 540 SF 720 SF
PROPOSED BUILDING HT: 54'-9"
No. Date Issue
APPROX 35% OF REQUIRED PARKING TO BE A3 A2
B B3 SHADED BY SHADE TREES (MIN. 3" CALIPER) 1 28 Feb 22 Phoenix Zoning Pre-App
27'x30' BUILDING AREA




26' W. TWO-WAY DRIVE
24'x30' 1.16
1,125 SF 1.16 810 SF 720 SF
40'x30'
1,200 SF
GROSS: 222,000 SF 2 07 March 22 Phoenix Zoning Pre-App
1.26 NET: 177,500 SF 3 17 June 22 Zoning Pre-App update
1.13
4 02 Sept 22 Draft stipulations




N00°11'13"W 358.17'(C)
1.25 B1 B3
37'x30'
249 UNITS TOTAL
40'x30'
1,110 SF 1,200 SF STUDIO 97
1.27 1BR 115
18 15 1.12
B3 2BR 37
B 40'x30'
A3 A2
1,200 SF
20 18 18 18 11 41 PARKING REQUIRED:




N 7th AVE
1,125 SF




80' R.O.W.
27'x30' 24'x30'
810 SF 720 SF 1 per STUDIO 97
1.5 per 1BR 172.5
E1 A2 E1 A2 1.5 per 2BR 55.5
18'x30'
24'x30' 1.24 18'x30'
24'x30' 1.15
540 SF
720 SF
1.15
540 SF
720 SF SUBTOTAL REQ'D 325 SPACES
25% REDUCTION - 81 SPACES
A2 A2 TOTAL 244 SPACES REQUIRED
24'x30' 24'x30'
A2
720 SF
1.17 720 SF 24'x30'
720 SF
PARKING PROVIDED:
A2 1.14 A2 E1 SURFACE 244
1.29 1.13
24'x30' 24'x30' 18'x30' ACCESSIBLE 6




7th and CAMELBACK
720 SF 720 SF 540 SF
1.06 1.12 TUCK-UNDER GARAGES 22
1.23 E1 TOTAL 272 SPACES PROVIDED




MAGNOLIA
STOREFRONT FRONTAGE TYPE
18'x30'
540 SF
B2 A1
E1 A2 E1 G G G G G G G G G G G E1 A2 E1 E1 A2 A2 A2 A2 A2




PHOENIX, ARIZONA
AMENITY 698 SF
18'x30' 24'x30' 18'x30' E1 1,150 SF 18'x30' 24'x30' 18'x30' 18'x30' 24'x30' 24'x30' 24'x30' 24'x30' 24'x30'
540 SF 720 SF 540 SF 18'x30' 540 SF 720 SF 540 SF 540 SF 720 SF 720 SF 720 SF 720 SF 720 SF

73'-0"
1.30 LEASING STO. STO. STO. STO. STO. 540 SF
1.06



PER CH. 13 WU CODE
1.26 B1
E1 E1 A2 A2 E1 E1 B1 E1 E1 A2 B1 4 37'x30' E1 E1 A2 A2 E1 E1 B1 E1 E1 A2 B1
18'x30' 18'x30' 24'x30' 24'x30' 18'x30' 18'x30' 37'x30' 18'x30' 18'x30' 24'x30' 37'x30' 1,110 SF 18'x30' 18'x30' 24'x30' 24'x30' 18'x30' 18'x30' 37'x30' 18'x30' 18'x30' 24'x30' 37'x30'
1.27 540 SF 540 SF 720 SF 720 SF 540 SF 540 SF 1,110 SF 540 SF 540 SF 720 SF 1,110 SF 540 SF 540 SF 720 SF 720 SF 540 SF 540 SF 1,110 SF 540 SF 540 SF 720 SF 1,110 SF


1.10 1.06
1.14
1.11 30
1.21 1.12
1.12 1.12 1.12
26' W. TWO-WAY DRIVE
1.12 1.12 1.12
1.28
1.22
1.03
1.27
1.01 S89°59'54"W 189.15'
S89°59'54"W 93.00' 1.23
8'-0" 1.04 1.03
S89°59'54"W 114.00' 1.02
PER SURVEY INFO
1.03 Project Owner:
40'-0" Contact: Magnolia Property Company
R.O.W.




09 LEVELS 2 thru 4
2435 Southlake Blvd, S. 150



12 GROUND LEVEL / SITE PLAN
Southlake, TX 76092
817.769.2580
randy@mpcres.com

Architect: Wilder Architects
SCALE: 1" = 40' SCALE: 1" = 40' 16904 Club Hill Dr.
Dallas, TX 75248
KEYNOTES 214.616.5196
wilder@wilderarch.com
1.01 SET "P.K." NAIL / WASHER R.L.S. #28236 W MISSOURI AVE
1.02 SET REBAR / CAP R.L.S. #28236
1.03 FOUND REBAR / CAP R.L.S. #31020 Drawing Name:
EXISTING ACCESS EASEMENT
1.04 FOUND REBAR / CAP R.L.S. #31020
1.05 FOUND REBAR / CAP R.L.S. #42137 SITE PLAN
1.06 ACCESSIBLE PATH TO ENTRY / PUBLIC WAY
1 5 Sheet Number:
1.10 FRONTYARD SETBACK (WU T5:5): COMPLIES WITH DRAFT


A001
4 2 6 8
STIPULATIONS REF: SECTION
1.11 PARKING SETBACK: 30' 3 7
1.12 LANDSCAPE ISLAND: 8'x17'
1.13 LANDSCAPE ISLAND: 5'x35'
1.14 LANDSCAPE ISLAND (75 SF+)



N 7th AVE
© 2022 WILDER ARCHITECTS, LLC
1.15 POOL DECK - TURF and PAVING
N 7th AVE
1.16 AMENITY DECK - TURF and CONC PAVING
1.17 6' SPRINKLER EASEMENT
W COLTER ST
1.20 30' W. P-1255-1 ENTRY DRIVEWAY
SITE
1.21 24' W. P-1255-1 ENTRY DRIVEWAY - RIGHT-IN,
RIGHT-OUT ONLY
1.22 EXISTING BUS STOP RELOCATED TO SOUTH


N 11th AVE N 7th AVE N 5th AVE N 3rd AVE
END OF PROPERTY
1.23 TRASH BIN ENCLOSURES COMPLYING WITH
C.O.P. STANDARD
1.24 EXISTING CELL TOWER ANTENNA TO REMAIN 13 9

1.25 "RECESS" AT FIRST 2 LEVELS AT MIDPOINT OF 16 14 12 10

BUILDING LENGTH 15 11
1.26 BUILDING ENTRY ON 7TH AVE. SITE
1.27 PUBLICLY ACCESSIBLE OPEN SPACE:
APPROX 4,000 SF AT SOUTH CORNER
APPROX 2,000 SF AT MID POINT
APPROX 2,000 SF AT NORTH CORNER CAMELBACK RD

1.28 TRAFFIC CALMING DEVICE AT VEHICULAR EXIT



05 PHOTO KEY PLAN 04 CONTEXT PLAN 02 VICINITY PLAN
1.29 AMENITY AREAS WILL INCLUDE SECURE RESIDENT BICYCLE
PARKING AND BICYCLE REPAIR STATION. LOCATION
AND CONFIGURATION TBD.
1.30 GUEST BICYCLE PARKING COMPLYING WITH SECTION
1307.H OF ZONING ORDINANCE
SCALE: 1"=100' NOT TO SCALE NOT TO SCALE




Page 242
WILDER ARCHITECTS
16904 CLUB HILL DR
DALLAS, TX 75248
214.616.5196
WILDERARCH.COM

Project Owner:




MAGNOLIA PROPERTY CO.
2435 SOUTHLAKE BLVD.
SUITE 150
SOUTHLAKE, TX 76092


Issues and Revisions:


No. Date Issue
1 28 Feb 22 Phoenix Zoning Pre-App
4 02 Sept 22 Draft Stipulations




7th and CAMELBACK
MAGNOLIA PHOENIX, ARIZONA




Project Owner:
Contact: Magnolia Property Company
2435 Southlake Blvd, S. 150
Southlake, TX 76092
817.769.2580
randy@mpcres.com

Architect: Wilder Architects
16904 Club Hill Dr.
Dallas, TX 75248
214.616.5196
wilder@wilderarch.com


Drawing Name:

LANDSCAPE PLAN
Sheet Number:


A002
© 2022 WILDER ARCHITECTS, LLC




Page 243
WILDER ARCHITECTS
16904 CLUB HILL DR
DALLAS, TX 75248
214.616.5196
WILDERARCH.COM

Project Owner:




MAGNOLIA PROPERTY CO.
2435 SOUTHLAKE BLVD.
SUITE 150
SOUTHLAKE, TX 76092


Issues and Revisions:


No. Date Issue
1 28 Feb 22 Phoenix Zoning Pre-App
3 17 June 22 Zoning Pre-App update
4 02 Sept 22 Draft Stipulations




7th and CAMELBACK
MAGNOLIA PHOENIX, ARIZONA




Project Owner:
Contact: Magnolia Property Company
2435 Southlake Blvd, S. 150
Southlake, TX 76092
817.769.2580
randy@mpcres.com

Architect: Wilder Architects
16904 Club Hill Dr.
Dallas, TX 75248
214.616.5196
wilder@wilderarch.com


Drawing Name:

BUILDING ELEVATION
Sheet Number:



FRONT ELEVATION (WEST) A005
© 2022 WILDER ARCHITECTS, LLC




Page 244
WILDER ARCHITECTS
16904 CLUB HILL DR
DALLAS, TX 75248
214.616.5196
WILDERARCH.COM

Project Owner:




MAGNOLIA PROPERTY CO.
2435 SOUTHLAKE BLVD.
SUITE 150
SOUTHLAKE, TX 76092


Issues and Revisions:


No. Date Issue
1 28 Feb 22 Phoenix Zoning Pre-App
3 17 June 22 Zoning Pre-App update
4 02 Sept 22 Draft Stipulations




7th and CAMELBACK
MAGNOLIA PHOENIX, ARIZONA




Project Owner:
Contact: Magnolia Property Company
2435 Southlake Blvd, S. 150
Southlake, TX 76092
817.769.2580
randy@mpcres.com

Architect: Wilder Architects
16904 Club Hill Dr.
Dallas, TX 75248
214.616.5196
wilder@wilderarch.com


Drawing Name:

BUILDING ELEVATION
Sheet Number:



SOUTH ELEVATION A005.1
© 2022 WILDER ARCHITECTS, LLC




Page 245
WILDER ARCHITECTS
16904 CLUB HILL DR
DALLAS, TX 75248
214.616.5196
WILDERARCH.COM

Project Owner:




MAGNOLIA PROPERTY CO.
2435 SOUTHLAKE BLVD.
SUITE 150
SOUTHLAKE, TX 76092


Issues and Revisions:


No. Date Issue
1 28 Feb 22 Phoenix Zoning Pre-App
3 17 June 22 Zoning Pre-App update
4 02 Sept 22 Draft Stipulations




7th and CAMELBACK
MAGNOLIA PHOENIX, ARIZONA




Project Owner:
Contact: Magnolia Property Company
2435 Southlake Blvd, S. 150
Southlake, TX 76092
817.769.2580
randy@mpcres.com

Architect: Wilder Architects
16904 Club Hill Dr.
Dallas, TX 75248
214.616.5196
wilder@wilderarch.com


Drawing Name:

BUILDING ELEVATION
Sheet Number:



NORTH ELEVATION A005.2
© 2022 WILDER ARCHITECTS, LLC




Page 246
WILDER ARCHITECTS
16904 CLUB HILL DR
DALLAS, TX 75248
214.616.5196
WILDERARCH.COM

Project Owner:




MAGNOLIA PROPERTY CO.
2435 SOUTHLAKE BLVD.
SUITE 150
SOUTHLAKE, TX 76092


Issues and Revisions:


No. Date Issue
1 28 Feb 22 Phoenix Zoning Pre-App
3 17 June 22 Zoning Pre-App update
4 02 Sept 22 Draft Stipulations




7th and CAMELBACK
MAGNOLIA PHOENIX, ARIZONA




Project Owner:
Contact: Magnolia Property Company
2435 Southlake Blvd, S. 150
Southlake, TX 76092
817.769.2580
randy@mpcres.com

Architect: Wilder Architects
16904 Club Hill Dr.
Dallas, TX 75248
214.616.5196
wilder@wilderarch.com


Drawing Name:

BUILDING ELEVATION
Sheet Number:



EAST ELEVATION A005.3
© 2022 WILDER ARCHITECTS, LLC




Page 247
Attachment C




Village Planning Committee Meeting Summary
Z-50-22-4


Date of VPC Meeting December 20, 2022
Request From C-2 TOD-1
Request To WU Code T5:5 UT
Proposed Use Multifamily residential
Location Approximately 180 feet north of the northeast corner of
7th Avenue and Camelback Road
VPC Recommendation Approval, per the staff recommendation, with an
additional stipulation
VPC Vote 12-4

VPC DISCUSSION & RECOMMENDED STIPULATIONS:

Committee Members Jak Keyser and Jamaar Williams joined during this item, bringing
quorum to 16 members.

Three members of the public registered to speak on this item.

STAFF PRESENTATION

Sarah Stockham, staff, reviewed the surrounding land uses, zoning designations, and
the Uptown TOD Policy Plan transect map. Ms. Stockham displayed the proposed site
plan, elevations and concluded with staff findings and recommended stipulations.

APPLICANT PRESENTATION

Brian Greathouse, representing the applicant with Burch & Cracchiolo, PA, displayed
an aerial image of the site, reviewed the surrounding land uses, and displayed the
proposed elevations and site plan highlighting the location of the open space along 7th
Avenue. Mr. Greathouse showed a trip generation comparison of the current zoning and
proposed zoning revealing a reduction in AM and PM trips, a route comparison showing
that it is a shorter route to turn left onto 7th Avenue rather than a right to travel along
Colter Street to go south on 7th Avenue, or west or east on Camelback Road, and
concluded by showing a gap analysis detailing the number of left turns onto 7th Avenue
possible during AM and PM peak hours.



200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882

Page 248
Alhambra Village Planning Committee
Meeting Summary
Z-50-22-4


QUESTIONS FROM THE COMMITTEE

Committee Member Jim DeGraffenreid asked what is the targeted renter
demographic, what the price ranges will be for the units, if residents using light rail was
incorporated into the traffic trip generation calculation, and if any water conservation or
heat mitigation measures are going to be incorporated into the site design. Mr.
Greathouse replied that they are targeting young professionals and empty nesters, the
price range will be $1,400 for a studio, $1,700 for a one-bedroom unit, and $2,400 for a
two-bedroom unit, the traffic study did not reduce the number of trips due to residents
using light rail, but that now that working from home is more popular they expect the
actual trips generated to be 20% less than the projected trips, and they will use a white
TPO roof for energy efficiency and low-flow plumbing fixtures.

Committee Member Tracey Adams asked what is a forecourt, what was the response
of the nearby historic district to the traffic study, and how far is the building from the
back of curb. Mr. Greathouse replied that the building will be recessed in the center to
allow for a seating area which is the forecourt, Medlock Place Historic District provided
a letter of support for the project, and they also want the Colter Street improvements in
the Colter Street Improvement Project completed, and the building is 22 feet from the
back of curb. Committee Member Adams commented that while it is great to have City
stipulations and policy for shade trees, in actuality there is not enough space to grow
them, an Italian Cypress tree can grow to be 20 feet wide, and maintenance is an issue
as well as some property owners cannot keep up with pruning. Committee Member
Adams concluded that she wants to see this project succeed, but when you have a
beautiful building and landscaping that is not up to par, it can have an impact on the
entire site.

Committee Member Keith Ender asked how the parking spaces along the northern
border of the site will impact the traffic flow along the shared driveway to the north, and
if the applicant has spoken to the neighboring property owner to the east who shares
the driveway. Mr. Greathouse replied that they have not spoken with the neighboring
developer, and their calculations show that the driveway is wide enough to
accommodate the parked cars.

Committee Member Maurita Harris asked if the historic neighborhood commented on
turning left during certain times of day, adding that during the mornings and evenings
the reverse lane on 7th Avenue is not a turn lane. Mr. Greathouse replied that they
were surprised with the number of gaps available to turn left in the traffic study, and they
have drone footage showing the gaps available to make left turns throughout the day.
Committee Member Harris asked if the land has already been acquired and if these
units will be for low-income renters. Mr. Greathouse replied that the site is under
contract but has not closed, and that the units will be market rate.

Committee Member Charlie Jones shared a concern with the parking spaces along
the north side of the development, and that they will stop the traffic flow in the shared
driveway when they are backing out. Mr. Greathouse replied that if there was a car

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 249
Alhambra Village Planning Committee
Meeting Summary
Z-50-22-4


driving in the shared driveway it would yield to the car backing out, and they don’t
anticipate cars driving quickly down the driveway. Committee Member Jones replied
that there will be a lot of traffic using that driveway as it is shared with the development
to the east and asked if the users of this site can access the site to the east which has
access onto Camelback Road. Mr. Greathouse replied that the neighboring site will be
gated so residents of the subject site will not be able to drive through to reach
Camelback Road, and they only used their proposed project in their trip generation
calculations, but they would be happy to look into it more.

Vice Chair Drew Bryck asked if they could stripe a dedicated left turn lane within the
shared driveway, because one car waiting to turn left onto 7th Avenue will back up the
rest of the cars in the driveway who want to turn right and asked who is responsible for
the driveway. Mr. Greathouse replied that the driveway is 30-feet-wide, which is wider
than a typical driveway, but they are expecting it to be one lane in, one lane out without
striping, and that both property owners have rights to the shared driveway. Vice Chair
Bryck asked for clarification on the funds provided in an escrow account and asked if
they anticipate traffic will spill onto Oregon Avenue or Georgia Avenue due to the
improvements proposed on Colter Street. Mr. Greathouse replied that they have agreed
to deposit funds into an escrow account for the Colter Street Improvement Project,
which is still in the design phase, and that is hard to gauge human behavior, but they do
not anticipate many people turning right onto those streets.

Committee Member Alexander Malkoon asked if the purchase of the site if contingent
on the zoning approval, if the units will be built with the potential for condo conversions,
why the property to the east appears to have no building setback on Camelback Road,
when is it required for developers to underground utility lines and what was the amount
provided for traffic improvements by the property to the east to the Medlock Place
association. Mr. Greathouse replied that the sale of the site is contingent the zoning
approval and they are not planning on building the units to condo standards to allow for
a conversion in the future. Ms. Stockham, staff, replied that the Walkable Urban Code
requires a maximum setback, not a minimum, so a 0-foot setback on Camelback Road
would be within Zoning Ordinance standards, it is a common requirement through the
development review process to underground utility lines, and that she is unfamiliar with
the details of the private agreement between the developer of the property to the east
and the nearby historic neighborhood.

Committee Member Charlie Jones asked how many parking spaces will be provided
and what was the unit mix. Mr. Greathouse replied they are providing 272 parking
spaces, which is in the middle of what the Phoenix Zoning Ordinance requires, and the
amount allowed with a 25% reduction due to the proximity of the light rail station, and
they are providing 97 studios, 115 one-bedrooms and 37 two-bedrooms.

Committee Member Christian Solorio shared that unlike the City of Tempe, the City
of Phoenix does not have the infrastructure in place for a fund for voluntary donations
by market-rate developers towards building affordable housing, but the AZ Housing
Fund is an option and encourages all market-rate developers to consider a donation.

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 250
Alhambra Village Planning Committee
Meeting Summary
Z-50-22-4


PUBLIC COMMENT
Ken Waters shared that his TOD journey began in October when there was a PHO
proposal for a PUD-zoned site near Central and Camelback, where the developer
wanted to reduce the amount of retail on the ground floor from 14,000 square feet to
2,000 square feet. Mr. Waters added that the City is missing mixed-use opportunities in
projects along the light rail line, that the ground floor should be sacred ground for retail
for properties along the light rail line and asked each committee member do their own
walk through or inventory of sites near the light rail to see how many incorporate
ground-floor retail and how many are 100% residential.

Ellen Bilbrey, with the Medlock Place Historic District Association, shared her support
for the project, that they worked with both the hotel and multifamily residential
development to the east who did contribute funds for traffic mitigation into an escrow
account, and that she liked that the project was only four stories and the way it
integrates tree and shade, that the shopping center across the street has enough retail
and ultimately thanked the applicant for their early collaboration on the project.

Rick Mountjoy, with the Medlock Place Historic District Association, thanked the
developer for reaching out early in the process, and shared that traffic is a concern now
that this site and the site to the east will add a combined 535 dwelling units to the
neighborhood, but they are working with the City on traffic mitigation measures.

APPLICANT RESPONSE
Mr. Greathouse thanked the speakers for the support and shared that there is retail on
the corner of 7th Avenue and Camelback Road.

FLOOR/PUBLIC DISCUSSION CLOSED:

MOTION
Committee Member Alexander Malkoon motioned to recommend approval of Z-50-
22-4 per the staff recommendation.

Committee Member Charlie Jones asked to make a friendly amendment that a
stipulation be added to relocate parking on the north so that it will not interfere with
traffic flow on the shared driveway.

Vice Chair Drew Bryck asked to make a friendly amendment that the driveway include
a dedicated left-turn lane.

Committee Member Alexander Malkoon accepted and amended his motion to include
an additional stipulation: The developer shall work with the Street Transportation and
Planning and Development Departments regarding the proposed parking along the
north side of the site so that it does not interfere with traffic flow along the shared
driveway and to potentially stripe the driveway to include a left-turn lane.



200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 251
Alhambra Village Planning Committee
Meeting Summary
Z-50-22-4


Committee Member Alexander Malkoon motioned to recommend approval of Z-50-
22-4 per the staff recommendation with an additional stipulation. Committee Member
Charlie Jones seconded the motion.

DISCUSSION
Committee Member Tracey Adams shared a concern with the landscaping along the
streetscape, sharing that often time there is not adequate space for trees to grow or
they grow too close to the building, and apartment management companies excessively
prune or remove the trees.

Committee Member Jak Keyser shared that while he understands the request to have
retail at this location, this could also be a location to have professional offices on the
ground floor, as this site does not immediately face the light rail line.

Committee Member Crystal Carrillo shared that she does not approve of the request,
stating a need for affordable, not market rate, housing in the Village.

VOTE
12-4; motion to recommend approval of Z-50-22-4 per the staff recommendation with an
additional stipulation passes with Committee Members Adams, Ender, Fitzgerald,
Harris, Jones, Keyser, Krietor, LeBlanc, Malkoon, Solorio, Bryck and Shore in favor with
Committee Members Carrillo, DeGraffenreid, Sanchez and Williams opposed.


STAFF COMMENTS REGARDING VPC RECOMMENDATION & STIPULATIONS:

None.


VPC Recommended Stipulations:

1. The developer shall provide a minimum 10,000 square feet of publicly
accessible open space in a forecourt configuration, as described below and as
approved or modified by the Planning and Development Department. The
publicly accessible open space shall be:

a. Adjacent and accessible to the public sidewalk on 7th Avenue

b. Provided in areas of not less than 500 square feet and 20 feet in width;

c. Shaded to a minimum of 50 percent by vegetative shade;

d. Maintained in perpetuity without fences or barriers;

e. Eligible to qualify as a forecourt frontage type;


200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 252
Alhambra Village Planning Committee
Meeting Summary
Z-50-22-4


f. Improved to contain, at minimum, a drinking fountain for people and
pets, art, and seating.

2. All ground floor dwelling units adjacent to 7th Avenue shall utilize the stoop
and doorwell, forecourt, or porch frontage types, as approved or modified by
the Planning and Development Department.

3. Between the public sidewalk and the building fronts, there shall be a 6-foot-
wide landscape area planted with minimum 3-inch caliper shade trees placed
20 feet on center or in equivalent groupings, as approved or modified by the
Planning and Development Department to comply with frontage requirements.

4. The development shall incorporate masonry elements into the primary exterior
building materials and shall be reflective of the architectural style in the area,
as approved by the Planning and Development Department.

5. The developer shall install traffic calming devices along the driveways of the
property so that vehicle drivers exercise caution prior to crossing the sidewalk
when exiting the property, as approved or modified by the Planning and
Development Department.

6. The developer shall incorporate bicycle infrastructure, as described below and
as approved by the Planning and Development Department.

a. All required bicycle parking for multifamily use, per Section 1307.H of
the Phoenix Zoning Ordinance, shall be secured parking.

b. Guest bicycle parking for multifamily residential use shall be provided at
a minimum of 0.05 spaces per unit with a maximum of 50 required
spaces near entrances of buildings and installed per the requirements
of Section 1307.H of the Phoenix Zoning Ordinance.

c. One bicycle repair station shall be provided and maintained by the
developer in an area of high visibility near the secure bicycle parking
areas.

7. A minimum 35 percent of the uncovered parking lot area shall be shaded by
minimum 3-inch caliper shade trees, as approved by the Planning and
Development Department.

8. The applicant shall submit a Traffic Impact Study (TIS) to the City for this
development. The TIS shall include evaluation of 7th Avenue peak hour
restrictions and resulting site traffic routing on the surrounding street network
and proposed mitigation to Colter Street. The developer shall be responsible
for all costs for mitigation measure determined by the Study and contribute
funds for the Colter Street Project. No preliminary approval of plans shall be

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 253
Alhambra Village Planning Committee
Meeting Summary
Z-50-22-4


granted until the study is reviewed and approved by the City.

9. The southern driveway onto 7th Avenue, as depicted on the site plan date
stamped October 31, 2022, shall be restricted to right-in/right-out only and
access shall be coordinated with the Public Transit Department, as approved
by Planning and Development.

10. The developer shall construct a minimum 6-foot-wide sidewalk separated from
the curb by a minimum 10-foot-wide landscape area along the east side of 7th
Avenue and planted with minimum three-inch caliper shade trees placed 20
feet on center or in equivalent groupings, as approved by the Planned and
Development Department.

11. The developer shall dedicate a sidewalk easement to accommodate a
minimum 6-foot-wide sidewalk and minimum 10-foot-wide landscape area
located between the back of curb and sidewalk, as approved by the Planning
and Development Department.

12. 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.

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.

14. 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.

15. THE DEVELOPER SHALL WORK WITH THE STREET TRANSPORTATION
AND PLANNING AND DEVELOPMENT DEPARTMENTS REGARDING THE
PROPOSED PARKING ALONG THE NORTH SIDE OF THE SITE SO THAT
IT DOES NOT INTERFERE WITH TRAFFIC FLOW ALONG THE SHARED
DRIVEWAY AND TO POTENTIALLY STRIPE THE DRIVEWAY TO
INCLUDE A LEFT-TURN LANE.




200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 254
ATTACHMENT D


REPORT OF PLANNING COMMISSION ACTION
January 5, 2023

ITEM NO: 11
DISTRICT NO.: 4
SUBJECT:

Application #: Z-50-22-4
Location: Approximately 180 feet north of the northeast corner of 7th Avenue and
Camelback Road
From: C-2 TOD-1
To: WU Code T5:5 UT
Acreage: 4.79
Proposal: Multifamily residential
Applicant: Brian Greathouse, Burch & Cracchiolo, PA
Owner: Larkspur Lane Investment Properties, LLC
Representative: Brian Greathouse, Burch & Cracchiolo, PA

ACTIONS:

Staff Recommendation: Approval, subject to stipulations.

Village Planning Committee (VPC) Recommendation:
Alhambra 12/20/2022 Approval, per the staff recommendation with an additional stipulation.
Vote: 12-4.

Planning Commission Recommendation: Approval, per the Alhambra Village Planning
Committee recommendation.

Motion Discussion: N/A

Motion details: Commissioner Boyd made a MOTION to approve Z-50-22-4, per the Alhambra
Village Planning Committee recommendation.

Maker: Boyd
Second: Gaynor
Vote: 8-0
Absent: Mangum
Opposition Present: Yes

Findings:

1. The proposed development is consistent with the General Plan Land Use Map
designation and the transect map within the Uptown Transit Oriented Development
Policy Plan.

2. The proposal as stipulated, will create a strong pedestrian environment along 7th
Avenue with shaded and detached sidewalks to convey residents safely and
comfortably to the 7th Avenue/Camelback Road light rail station.

3. The proposal will create additional housing options in line with the Housing Phoenix
Plan’s goal of preserving or creating 50,000 housing units by 2030.


Page 255
Stipulations:

1. The developer shall provide a minimum 10,000 square feet of publicly accessible open
space in a forecourt configuration, as described below and as approved or modified by
the Planning and Development Department. The publicly accessible open space shall
be:

a. Adjacent and accessible to the public sidewalk on 7th Avenue

b. Provided in areas of not less than 500 square feet and 20 feet in width;

c. Shaded to a minimum of 50 percent by vegetative shade;

d. Maintained in perpetuity without fences or barriers;

e. Eligible to qualify as a forecourt frontage type;

f. Improved to contain, at minimum, a drinking fountain for people and pets, art,
and seating.

2. All ground floor dwelling units adjacent to 7th Avenue shall utilize the stoop and door
well, forecourt, or porch frontage types, as approved or modified by the Planning and
Development Department.

3. Between the public sidewalk and the building fronts, there shall be a 6-foot-wide
landscape area planted with minimum 3-inch caliper shade trees placed 20 feet on
center or in equivalent groupings, as approved or modified by the Planning and
Development Department to comply with frontage requirements.

4. The development shall incorporate masonry elements into the primary exterior building
materials and shall be reflective of the architectural style in the area, as approved by
the Planning and Development Department.

5. The developer shall install traffic calming devices along the driveways of the property
so that vehicle drivers exercise caution prior to crossing the sidewalk when exiting the
property, as approved or modified by the Planning and Development Department.

6. The developer shall incorporate bicycle infrastructure, as described below and as
approved by the Planning and Development Department.

a. All required bicycle parking for multifamily use, per Section 1307.H of the
Phoenix Zoning Ordinance, shall be secured parking.

b. Guest bicycle parking for multifamily residential use shall be provided at a
minimum of 0.05 spaces per unit with a maximum of 50 required spaces near
entrances of buildings and installed per the requirements of Section 1307.H of
the Phoenix Zoning Ordinance.

c. One bicycle repair station shall be provided and maintained by the developer in
an area of high visibility near the secure bicycle parking areas.

7. A minimum 35 percent of the uncovered parking lot area shall be shaded by minimum
3-inch caliper shade trees, as approved by the Planning and Development Department.


Page 256
8. The applicant shall submit a Traffic Impact Study (TIS) to the City for this development.
The TIS shall include evaluation of 7th Avenue peak hour restrictions and resulting site
traffic routing on the surrounding street network and proposed mitigation to Colter
Street. The developer shall be responsible for all costs for mitigation measure
determined by the Study and contribute funds for the Colter Street Project. No
preliminary approval of plans shall be granted until the study is reviewed and approved
by the City.

9. The southern driveway onto 7th Avenue, as depicted on the site plan date stamped
October 31, 2022, shall be restricted to right-in/right-out only and access shall be
coordinated with the Public Transit Department, as approved by Planning and
Development.

10. The developer shall construct a minimum 6-foot-wide sidewalk separated from the curb
by a minimum 10-foot-wide landscape area along the east side of 7th Avenue and
planted with minimum three-inch caliper shade trees placed 20 feet on center or in
equivalent groupings, as approved by the Planned and Development Department.

11. The developer shall dedicate a sidewalk easement to accommodate a minimum 6-foot-
wide sidewalk and minimum 10-foot-wide landscape area located between the back of
curb and sidewalk, as approved by the Planning and Development Department.

12. 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.

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.

14. 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.

15. THE DEVELOPER SHALL WORK WITH THE STREET TRANSPORTATION AND
PLANNING AND DEVELOPMENT DEPARTMENTS REGARDING THE PROPOSED
PARKING ALONG THE NORTH SIDE OF THE SITE SO THAT IT DOES NOT
INTERFERE WITH TRAFFIC FLOW ALONG THE SHARED DRIVEWAY AND TO
POTENTIALLY STRIPE THE DRIVEWAY TO INCLUDE A LEFT-TURN LANE.

This publication can be made available in alternate format upon request. Please contact Angie
Holdsworth at (602) 329-5065, TTY use 7-1-1.




Page 257
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:

APPLICATION NO/ Z-50-22-4 (SIGNATURE ON ORIGINAL IN FILE)
LOCATION Approximately 180 opposition x applicant
feet north of the
northeast corner of
7th Avenue and
Camelback Road



APPEALED FROM: PC 126 West Pierson Street
1/5/2023 Phoenix, AZ 85013

PC DATE STREET/ADDRESS/CITY/STATE/ZIP
TO PC/CC CC Ken Waters
HEARING 2/1/2023 602-373-1902
Kennywaters602@gmail.com

CC DATE NAME / PHONE / EMAIL
REASON FOR REQUEST:

NOT Walkable Urban Mixed-Use as should be! Etc.




RECEIVED BY: Chase Hales RECEIVED ON: 1/9/2023

Alan Stephenson Greg Harmon
Joshua Bednarek Paul M. Li
Tricia Gomes Village Planner
Racelle Escolar GIS
Stephanie Vasquez Applicant
Diana Hernandez Adam Stranieri (for PHO Appeals)
David Urbinato
Vikki Cipolla-Murillo




Page 258
Page 259
CITY OF PHOENIX
PLANNING AND DEVELOPMENT DEPARTMENT

FORM TO REQUEST PC to CC
I HEREBY REQUEST THAT THE CC HOLD A PUBLIC HEARING ON:

APPLICATION NO/ Z-50-22-4 (SIGNATURE ON ORIGINAL IN FILE)
LOCATION Approximately 180 opposition x applicant
feet north of the
northeast corner of
7th Avenue and
Camelback Road




APPEALED FROM: PC 1-5-2023
7135 E. Camelback Road, Suite 360
Phoenix, AZ 85251

PC DATE STREET/ADDRESS/CITY/STATE/ZIP
TO PC/CC CC 2-1-2023
HEARING Jon Garshick
602-778-2800
jgarshick@allresco.com

CC DATE NAME / PHONE / EMAIL
REASON FOR REQUEST:

Safety concerns related to current site plan which required vehicular maneuvering
within an active driveway easement.




RECEIVED BY: Brad Wylam RECEIVED ON: 1/12/2023

Alan Stephenson Greg Harmon
Joshua Bednarek Paul M. Li
Tricia Gomes Village Planner
Racelle Escolar GIS
Stephanie Vasquez Applicant
Diana Hernandez Adam Stranieri (for PHO Appeals)
David Urbinato
Vikki Cipolla-Murillo




Page 260
Page 261
ATTACHMENT F

From: Brian Greathouse
To: Ellen Bilbrey; Sarah Stockham
Cc: Randy Primrose; taylor@mpcres.com; Jamie Blakeman; Ricki Horowitz
Subject: RE: Magnolia Camelback Apartment Project & Medlock Place
Date: Monday, December 19, 2022 11:46:52 AM


Ellen,

Thank you. We appreciate Medlock’s support email below!



Sarah,

Please see below email from Ellen Bilbre and Rick Mountjoy on behalf of the Medlock Place Historic
District Association.



Brian Greathouse
(602) 234-9903



[bcattorneys.com]



From: Ellen Bilbrey
Sent: Saturday, December 17, 2022 3:39 PM
To: Brian Greathouse
Subject: Magnolia Camelback Apartment Project & Medlock Place

Hi Brian I will also send this to Drew Bryk to support Magnolia. Ellen Ellen Bilbrey 602-432-7942 Begin forwarded message: From: Rick Mountjoy Date: December 12, 2022 at 1:53:39 PM MST T




Allow sender [mail-
cloudstation-us-east-
Caution! This message was sent from outside your organization. 2.prod.hydra.sophos.com] |
Block sender [mail-
cloudstation-us-east-
2.prod.hydra.sophos.com]

sophospsmartbannerend




Hi Brian



I will also send this to Drew Bryk to support Magnolia.



Ellen



Ellen Bilbrey


Page 262
602-432-7942


Begin forwarded message:

From: Rick Mountjoy
Date: December 12, 2022 at 1:53:39 PM MST
To: Council District 4
Cc: blockwatch , Michael Petersen-Incorvaia
, Maria G Lopez-Corona
, Kini Knudson , Christopher
Kowalsky
Subject: Magnolia Camelback Apartment Project & Medlock Place


Dear Vice Mayor Pastor,

Thanks again for meeting with us on November 1st regarding traffic control and safety
in Medlock Place, and for your directive to implement a trial traffic control feature on
Colter Street (the “simulation”).

As you are aware, the Magnolia Property Company is proposing a 250-unit, four-story
apartment project very near our neighborhood (7th Avenue & Camelback). This is in
addition to Alliance Residential’s adjacent 285-unit project called “Broadstone Uptown”
now under construction. These two projects combined add 535 dwelling units to our
neighborhood, far exceeding all the dwellings in the Medlock Place Historic District.
The additional traffic load from these projects will cause traffic on Colter Street to
exceed 1000 vehicles per day; over the limit for a local street.

We had several meetings with Magnolia regarding traffic impact and mitigation, and
Magnolia had agreed to implement a traffic suppression feature at Third Avenue and
Colter Street. Subsequently, the Streets Department (Chris Kowalski) informed
Magnolia that traffic suppression would be designed and installed solely by the Streets
Department as part of the “Colter Street Project” and/or the “Third Avenue Project”.

We are thus forced to rely entirely on the City to finance and implement cut-thru traffic
suppression from the Magnolia and Alliance projects. The preliminary designs shown
on-line for the Colter Street Project are not sufficient to mitigate the cut-thru traffic.
We must have a stronger solution; we expect the “trial” feature on Colter to help
determine what this solution will be.

Magnolia has asked us to support their zoning change petition at the Village Planning
Committee hearing on the 20th. Since the City has assumed leadership and
responsibility for effective cut-thru traffic control, on this basis we will support
Magnolia’s proposed zoning change subject to the City’s draft stipulations (Z-50-22-4)
provided to us on November 17th by Magnolia’s attorney (Brian Greathouse).

Sincerely,

Ellen Bilbrey, President; Medlock Place Historic District Association

Rick Mountjoy, Chairman; Medlock Place Traffic Committee




Page 263
ATTACHMENT G

From: Kenny W
To: Sarah Stockham
Subject: Please forward to AVPC members asap re #3 tonight
Date: Tuesday, December 20, 2022 3:10:18 PM


https://northcentralnews.net/2022/features/fighting-for-the-future-of-central-avenue/
[northcentralnews.net]

Sarah,

Please forward -asap - this above link to the December cover story of the North Central News,
that is applicable to agenda item #3 tonight, on to the entire AVPC committee. It is not
applicable for just “Central Ave” but a fight for the Camelback Rd Walkable Urban TOD
future as well.

MIXED-USE TOD Vision with their 100% NON Walkable Urban destination-less dead end
100% residential products that simply covets “It’s next to Light Rail!” We’re building a TOD
out with no places to go, no vibrancy, no services, with fewer and fewer retail offerings - just
Nothingville AZ, USA. This Magnolia project actually tears down and destroys existing TOD
retail.

Members: Please consider mercifully rejecting this project, for a better Version 2.0 tomorrow.
Please insist that the TOD ground floor floorplates are unique, sacred, and reserved for
commercial/retail only on our Light Rail TOD system. The price of TOD entry for developers
is vibrancy and delivered VISION. Not more and more of the same non contributing soulless
product not fit for ANY Main Street USA.

Thanks,
Ken Waters




Page 264
From: Michael Trend
To: PDD Long Range Planning
Subject: RE: Z-50-22-4 (7TH Ave and Camelback, NE Corner)
Date: Tuesday, December 20, 2022 1:59:33 PM
Attachments: Outlook-y3jt35io.png


Hi

As a resident and business owner in North Central Phoenix I wanted to share my comments
with the committee in regards to the following topic:


1. Z-50-22-4: Presentation, discussion, and possible recommendation regarding a
request to rezone 4.79 acres located approximately 180 feet north of the
northeast corner of 7th Avenue and Camelback Road from C-2 TOD-1
(Intermediate Commercial, Interim Transit-Oriented Zoning Overlay District
One) to WU T5:5 UT (Walkable Urban Code, Transect 5:5, Transit Uptown
Character Area) to allow multifamily residential.

I believe that all Multi-family Residential along the light rail in TOD should have retail that is
accessible by foot traffic. As the city becomes denser there needs to be space set aside for
restaurants, coffee shops and retail, that enhances these parts of the city and makes them
more livable and walkable.

Thank for considering my comments.

Best,
Michael




Michael Trend
Real Estate Advisor
602.708.8013​
michael@michaeltrend.com

HomeSmart
5225 North Central Avenue, Suite 104 Phoenix, AZ 85012

See my past sales, read reviews or add a new review on Zillow:
https://www.zillow.com/profile/MichaelTrend/ [zillow.com]




Page 265
From: Linda Vincent
To: Sarah Stockham
Subject: Last Meeting
Date: Sunday, January 8, 2023 4:21:20 PM




I was upset by a remark by the representative of the aspiring developer of an additional apartment complex at 7th
Avenue and Camelback. He stated that we who voted in opposition had not bothered to attend the Alhambra Village
Meeting. I am you recall there was a glitch because you did not recognize the phone number for Janice Paul and she
was not given an opportunity to speak. I can only say it was our intention to speak and share the concerns we
expressed at the meeting this past week.

Also he spoke about attending the neighborhood meeting to present the plans for the development. It is my
understanding there were six people in attendance representing over 200 residents. One might wonder why there
appeared to be no interest or concern. In something of obvious impact isn’t it possible there was really no
information that was shared so the majority of residents were not informed.

I am not sure this is necessarily within your area but it has caused a sense of being deliberately left out to avoid any
resistance.

Thank you for responding to my and other’s attempts to communicate with you to express our genuine concerns.

Sent from my iPad




Page 266



Report

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Item text
Consideration of a Citizen Petition

This report provides the City Council with information in response to the citizen petition
submitted by Mr. Andy Diaz Nunez at the Jan. 25, 2023, Formal Meeting (Attachment
A).

Summary
On Jan. 25, 2023, Mr. Andy Diaz Nunez submitted a citizen petition to ban the use of
the City of Phoenix suite at the Footprint Center by Phoenix City Council members.
Upon review by the Law Department, this submittal was determined to qualify as a
citizen petition because it is an action within the purview of the City Council.

In 1989, the City executed a development agreement, operating agreement and other
related contracts with the Phoenix Arena Development Limited Partnership and the
Phoenix Suns to construct and operate a new downtown arena, now known as
Footprint Center (the Arena). This City-owned multipurpose facility hosts concerts,
family shows, conventions and professional sports events that occur every three days
on average. As part of the operating agreement with the Suns, the City is provided a
suite and twelve tickets for most events. The Community and Economic Development
Department (CEDD) manages the use of the suite for the City and has adopted
policies for such use. The current Arena Suite Policy, as revised in April 2019 (
Attachment B), provides guidance for the use of the suite as follows:

Events hosted by City of Phoenix (City) staff in the Arena Suite (suite) are meant to
foster connections between industry professionals, community stakeholders,
community groups, and those actively considering the Phoenix market for business.

1. Economic Development Activities.
2. Hosting distinguished guests of the City.
3. Promotion of the City.
4. Enhancing relations with other Public Agencies.
5. Employee award programs.
6. Activities for youth and/or developmentally disabled individuals.



Page 267

A few of the other key elements of the policy include: For those events that are
available, there are twelve tickets included as part of the use of the suite. An additional
ten tickets may be purchased for the event, at cost as determined by the Arena.
Requestors, Designated Hosts, and all guests are responsible for making sure that
their use of the suite and conduct there complies with the City of Phoenix Ethics and
Gift Policies. CEDD maintains records of the use of the suite including a Suite Request
Form, a Preliminary Guest List and a Post Event Report. Designated Hosts must be
either a current City employee or an elected official. Documentation will be obtained
and approved for all requests to utilize the suite by City Council members and must be
submitted to the CEDD Director and approved by the Deputy City Manager. For hosted
events: a sign-in sheet for the event of the guests attending the event, including
acknowledgements that the guests will adhere to the City's Lobbying Policy and
agreed to comply with City ethics. On nights the suite does not have scheduled use by
CEDD or the City Council, the suite can be made available to the City's Youth and
Education Program as a City Council approved usage.

The Economic Development and Equity Subcommittee (EDE) Chair requested in early
January 2023 that staff provide an update on the Arena Suite Policy as an EDE future
agenda item, and the item will be heard at the Feb. 22, 2023, EDE meeting.

Options for Council Action:
A. Accept the petition and direct staff to amend the Arena Suite Policy to remove use
by City Council members.
B. Deny the petition.
C. Other direction to staff related to amending the Arena Suite Policy.

Location
201 E. Jefferson St.
Council District: 7

Responsible Department
This item is submitted by Deputy City Manager Ginger Spencer and the Community
and Economic Development Department.




Page 268
Attachment A




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Attachment B




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66 item(s)