For Approval or Correction, the Minutes of the Formal Meeting on May 20, 2020

Summary
This item transmits the minutes of the Formal Meeting of May 20, 2020, for review,
correction and/or approval by the City Council.

The minutes are available for review in the City Clerk Department, 200 W. Washington
St., 15th Floor.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 9



Report

Liquor License - Little Asia

Request for a liquor license. Arizona State License Application 155643.

Summary

Applicant
Tun Tun Naing, Agent

License Type
Series 12 - Restaurant

Location
4212 W. Cactus Road, Ste. 1107-1108
Zoning Classification: C-1
Council District: 1

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. This location
requires a Use Permit to allow sales of alcoholic beverages as an accessory to a
restaurant.

The 60-day limit for processing this application is Sept. 20, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.




Page 10

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.

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:
“Since June 2019, I currently operate an Asian food restaurant and have experience in
in this type of business. This location will serve beer, wine and liquor drinks to
customers who desire an alcohol beverage with their meals. I will get training in the
Arizona 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:
“Some patrons of the restaurant will want to buy an alcohol beverage with their meals.
The issuance of a liquor license will allow the business to accommodate those
patrons.”

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 - Little Asia
Liquor License Map - Little Asia

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 11
Liquor License Data: LITTLE ASIA
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 1 0

Liquor Store 9 3 2

Beer and Wine Store 10 1 1

Restaurant 12 3 1

Club 14 1 0


Crime Data

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

Property Crimes 46.14 49.57 69.10

Violent Crimes 8.58 8.49 11.78

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 55 99

Total Violations 89 165




Page 12
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1042031 1599 79 % 7% 10 %

1042035 1364 69 % 4% 3%

1042041 1932 95 % 5% 11 %

1042042 1745 92 % 0% 7%

1042122 1606 75 % 22 % 4%

1042123 1683 79 % 0% 10 %

1042124 2501 80 % 3% 5%

1042191 1602 85 % 0% 13 %

Average 61 % 13 % 19 %




Page 13
Liquor License Map: LITTLE ASIA
4212 W CACTUS RD




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Date: 7/26/2021
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City Clerk Department
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Report

Liquor License - MBS Fuel 17

Request for a liquor license. Arizona State License Application 153278.

Summary

Applicant
Amy Nations, Agent

License Type
Series 10 - Beer and Wine Store

Location
2710 W. Dunlap Ave.
Zoning Classification: C-2
Council District: 1

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 was Aug. 21, 2021. However, the
applicant submitted a written request for more time.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.




Page 15

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.

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:
“The new owner of this convenience store / gas station operates other successful
businesses in California. He is knowledgeable and understands how to operate these
kind of businesses.”

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 has been a convenience store and gas station since with a liquor license
since at least 1986. The store is on a very busy intersection at I-17 and Dunlap Ave.
The location is always busy with customers from the neighborhood and travelers off
the interstate. We would like to continue selling items that are popular with our
customers.”

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 - MBS Fuel 17
Liquor License Map - MBS Fuel 17

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 16
Liquor License Data: MBS FUEL 17
Liquor License

Description Series 1 Mile 1/2 Mile

Government 5 1 0

Bar 6 4 3

Beer and Wine Bar 7 2 0

Liquor Store 9 2 1

Beer and Wine Store 10 9 2

Hotel 11 2 1

Restaurant 12 19 2


Crime Data

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

Property Crimes 46.78 210.69 219.32

Violent Crimes 8.73 40.23 29.61

*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 56 54

Total Violations 90 84




Page 17
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1042054 1577 5% 21 % 30 %

1044021 2555 24 % 18 % 15 %

1055011 1055 38 % 6% 59 %

1055012 1442 0% 11 % 38 %

1056011 2072 66 % 5% 23 %

1056022 2457 38 % 23 % 34 %

Average 61 % 13 % 19 %




Page 18
Liquor License Map: MBS FUEL 17
2710 W DUNLAP AVE




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Date: 8/12/2021
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City Clerk Department
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Report

Liquor License - Patio 54 Fusion Kitchen

Request for a liquor license. Arizona State License Application 07070363.

Summary

Applicant
Noah Pak, Agent

License Type
Series 7 - Beer and Wine Bar

Location
5415 E. High St., Ste.101
Zoning Classification: C-2
Council District: 2

This request is for an ownership and location transfer of a liquor license for a bar. This
location was previously licensed for liquor sales and may currently operate with an
interim permit. This location requires a Use Permit to allow outdoor dining and outdoor
alcohol consumption.

The 60-day limit for processing this application is Oct. 4, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.




Page 20

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.

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'm a responsible individule who previously owned a restaurant with a Liquor License.
I successfully operated restaurants without any issues in the past and I will continue to
do so moving forward.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Our restaurant is located in the area where there are numerous known restaurants
serving alcohol. We will add value to customers in the area with more options when
visiting this area.”

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 - Patio 54 Fusion Kitchen
Liquor License Map - Patio 54 Fusion Kitchen

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 21
Liquor License Data: PATIO 54 FUSION KITCHEN
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 9 7

Beer and Wine Bar 7 4 3

Liquor Store 9 3 3

Beer and Wine Store 10 4 2

Restaurant 12 27 23


Crime Data

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

Property Crimes 46.78 31.82 22.71

Violent Crimes 8.73 1.96 1.48

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 55 1

Total Violations 89 1


Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

6152001 1993 8% 29 % 12 %

6152002 2127 70 % 10 % 4%

Average 61 % 13 % 19 %




Page 22
Liquor License Map: PATIO 54 FUSION KITCHEN
5415 E HIGH ST




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Date: 8/10/2021
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City Clerk Department
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Report

Liquor License - Special Event - Orgazac Inc

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

Summary

Applicant
Jesus Barraza Rodriguez

Location
4231 W. Thomas Road
Council District: 4

Function
Dance

Date(s) - Time(s) / Expected Attendance
Oct. 2, 2021 - 8 p.m. to 2 a.m. / 300 attendees

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 24



Report

Liquor License - Special Event - Orgazac Inc

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

Summary

Applicant
Jesus Barraza Rodriguez

Location
4231 W. Thomas Road
Council District: 4

Function
Dance

Date(s) - Time(s) / Expected Attendance
Oct. 30, 2021 - 8 p.m. to 2 a.m. / 300 attendees

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 25



Report

Liquor License - Special Event - Orgazac Inc

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

Summary

Applicant
Jesus Barraza Rodriguez

Location
4231 W. Thomas Road
Council District: 4

Function
Dance

Date(s) - Time(s) / Expected Attendance
Nov. 20, 2021 - 8 p.m. to 2 a.m. / 300 attendees

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 26



Report

Liquor License - Special Event - Smiles Beyond the Bars Inc

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

Summary

Applicant
Mark Johnson

Location
360 E. Coronado Road
Council District: 4

Function
Networking Event

Date(s) - Time(s) / Expected Attendance
Oct. 1, 2021 - 5:30 p.m. to 7:30 p.m. / 60 attendees

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 27



Report

Liquor License - Camelback Market

Request for a liquor license. Arizona State License Application 156590.

Summary

Applicant
Mustafa Manassra, Agent

License Type
Series 10 - Beer and Wine Store

Location
4805 N. 27th Ave.
Zoning Classification: C-2
Council District: 4

This request is for a new liquor license for a beer and wine store. 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 Oct. 3, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
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 28

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.

Community Zone Market (Series 10)
66 S. Mesa Drive, Mesa
Calls for police service: N/A - 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:
“I have over 16 years of experince.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Going to creat more job.”

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 - Camelback Market
Liquor License Map - Camelback Market

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 29
Liquor License Data: CAMELBACK MARKET
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 2 1

Beer and Wine Bar 7 1 0

Liquor Store 9 7 2

Beer and Wine Store 10 15 5

Hotel 11 1 1

Restaurant 12 7 1


Crime Data

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

Property Crimes 46.78 163.93 171.97

Violent Crimes 8.73 59.89 59.12

*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 56 121

Total Violations 90 209




Page 30
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1072011 2335 21 % 25 % 49 %

1072012 2127 13 % 9% 63 %

1073003 737 75 % 37 % 24 %

1073004 2614 23 % 5% 31 %

1090011 1552 19 % 22 % 42 %

1090012 3369 0% 11 % 59 %

1090022 2291 15 % 18 % 63 %

1090033 1600 22 % 13 % 68 %

1091011 1722 69 % 0% 34 %

1091012 2067 85 % 10 % 30 %

1091022 2966 78 % 14 % 50 %

Average 61 % 13 % 19 %




Page 31
Liquor License Map: CAMELBACK MARKET
4805 N 27TH AVE




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Date: 8/9/2021
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City Clerk Department
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Report

Liquor License - That One Mini Mart

Request for a liquor license. Arizona State License Application 156055.

Summary

Applicant
Faik Ambari, Agent

License Type
Series 10 - Beer and Wine Store

Location
2720 W. Indian School Road
Zoning Classification: C-2
Council District: 4

This request is for a new liquor license for a beer and wine store. 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 Sept. 27, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.

Other Active Liquor License Interest in Arizona
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 33

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.

Turney Neighborhood Market (Series 10)
710 E. Turney Ave.
Calls for police service: 1
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 hold a certificate for The Basic Liquor Law Training. This training provided me the
opportunity of learning the importance and significance of obtaining a beer and wine
license. I am assured to uphold the laws and regulations about beer and wine license.
I have never been involved in any criminal activity, no record of getting in trouble with
law and authorities.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“This store will provide a safe and secure place for the neighborhood to buy beer and
wine. The location will be convenient for the people in neighborhood who may not
have access to transportation. Adding the long time experience of the owner with
running a store while upholding all the laws and regulations, the store will be a safe,
secure and convenience place for the customers to purchase quality liquor.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - That One Mini Mart
Liquor License Map - That One Mini Mart




Page 34

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 35
Liquor License Data: THAT ONE MINI MART
Liquor License

Description Series 1 Mile 1/2 Mile

Wholesaler 4 2 1

Bar 6 4 0

Liquor Store 9 4 1

Beer and Wine Store 10 16 5

Restaurant 12 4 1


Crime Data

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

Property Crimes 46.78 163.58 189.38

Violent Crimes 8.73 60.19 83.43

*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 56 172

Total Violations 90 250




Page 36
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1090011 1552 19 % 22 % 42 %

1090012 3369 0% 11 % 59 %

1090033 1600 22 % 13 % 68 %

1090034 583 5% 26 % 49 %

1091012 2067 85 % 10 % 30 %

1091022 2966 78 % 14 % 50 %

1091023 1085 28 % 19 % 21 %

1169001 2535 66 % 12 % 50 %

1170002 1845 32 % 9% 34 %

Average 61 % 13 % 19 %




Page 37
Liquor License Map: THAT ONE MINI MART
2720 W INDIAN SCHOOL RD




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Date: 7/30/2021
0 0.2 0.4 0.8 1.2 1.6
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City Clerk Department
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Report

Liquor License - Special Event - Arizona Educational Foundation Inc

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

Summary

Applicant
Kimberly Graham

Location
5601 N. 16th St.
Council District: 6

Function
Award Ceremony

Date(s) - Time(s) / Expected Attendance
Oct. 16, 2021 - 3:30 p.m. to 8:30 p.m. / 300 attendees

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 39



Report

Liquor License - Special Event - Madison District Educational Foundation Inc

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

Summary

Applicant
Ari Levin

Location
5601 N. 16th St.
Council District: 6

Function
Performance

Date(s) - Time(s) / Expected Attendance
Oct. 28, 2021 - 6 p.m. to 8:10 p.m. / 904 attendees
Oct. 29, 2021 - 6 p.m. to 8:10 p.m. / 904 attendees
Oct. 30, 2021 - 6 p.m. to 8:10 p.m. / 904 attendees

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 40



Report

Liquor License - Special Event - Mount Claret Roman Catholic Retreat Center
Phoenix

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

Summary

Applicant
Thomas McGuire

Location
4633 N. 54th St.
Council District: 6

Function
Dinner

Date(s) - Time(s) / Expected Attendance
Oct. 9, 2021 - 5 p.m. to 10 p.m. / 250 attendees

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 41



Report

Liquor License - Special Event - Phoenix Children's Hospital Foundation

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

Summary

Applicant
Alexandra Cebry

Location
800 E. Camelback Road
Council District: 6

Function
Concert

Date(s) - Time(s) / Expected Attendance
Nov. 24, 2021 - 7 p.m. to 11 p.m. / 550 attendees

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 42



Report

Liquor License - Special Event - St. Thomas the Apostle Roman Catholic Parish
Phoenix

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

Summary

Applicant
Steven Kunkel

Location
2312 E. Campbell Ave.
Council District: 6

Function
Cornhole Tournament

Date(s) - Time(s) / Expected Attendance
Oct. 2, 2021 - 5 p.m. to 10 p.m. / 200 attendees

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 43



Report

Liquor License - Arizona Anthem

Request for a liquor license. Arizona State License Application 06070554.

Summary

Applicant
Amy Nations, Agent

License Type
Series 6 - Bar

Location
903 N. 2nd St.
Zoning Classification: DTC-West Evans Churchill
Council District: 7

This request is for an ownership and location transfer of a liquor license for a bar. 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 Sept. 28, 2021.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.




Page 44

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.

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:
“Flagship Restaurant Group owns 18 restaurants throughout the Midwest and Texas.
They operate several different successful restaurant concepts and are looking forward
to opening this first concept here in Arizona. All their current restaurants have liquor
licenses and they are experienced with liquor laws. All employees will attend state
certified liquor law training classes.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“We are foodies gone wild. Since 2002, our established concepts have centered
around creative food and exceptional dining experiences. From full-service to fast-
casual, we believe dining out-and doing business-should be fun.”

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 - Arizona Anthem
Liquor License Map - Arizona Anthem

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 45
Liquor License Data: ARIZONA ANTHEM
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 3 1

Wholesaler 4 1 0

Government 5 8 5

Bar 6 45 13

Beer and Wine Bar 7 16 7

Liquor Store 9 4 0

Beer and Wine Store 10 9 4

Hotel 11 7 4

Restaurant 12 88 37

Club 14 2 0


Crime Data

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

Property Crimes 46.78 161.88 206.68

Violent Crimes 8.73 40.10 46.81

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 55 109

Total Violations 89 183




Page 46
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1130001 1218 23 % 16 % 11 %

1130002 873 29 % 21 % 38 %

1131001 1015 7% 8% 28 %

1131002 1242 3% 7% 33 %

1132021 731 33 % 20 % 74 %

1132022 1257 47 % 29 % 55 %

1132031 1473 30 % 20 % 57 %

1132032 638 28 % 7% 70 %

1141001 2299 16 % 37 % 44 %

Average 61 % 13 % 19 %




Page 47
Liquor License Map: ARIZONA ANTHEM
903 N 2ND ST




Ü
Date: 8/4/2021
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 48



Report

Liquor License - Special Event - Alwun House Foundation

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

Summary

Applicant
Dana Johnson

Location
1204 E. Roosevelt St.
Council District: 8

Function
Art Exhibit

Date(s) - Time(s) / Expected Attendance
Nov. 5, 2021 - 6 p.m. to 12:30 a.m. / 300 attendees

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 49



Report

Liquor License - Special Event - Alwun House Foundation

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

Summary

Applicant
Dana Johnson

Location
1209 E. Diamond St.
Council District: 8

Function
Art Event

Date(s) - Time(s) / Expected Attendance
Dec. 3, 2021 - 6 p.m. to 10:30 p.m. / 400 attendees

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 50



Report

Liquor License - Special Event - Alwun House Foundation

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

Summary

Applicant
Dana Johnson

Location
1204 E. Roosevelt St.
Council District: 8

Function
Community Event

Date(s) - Time(s) / Expected Attendance
Dec. 31, 2021 - 8 p.m. to 1 a.m. / 300 attendees

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 51



Report

Liquor License - Special Event - EENU-USA, Inc.

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

Summary

Applicant
Dana Raimondi

Location
22 E. Buchanan St.
Council District: 8

Function
Dinner

Date(s) - Time(s) / Expected Attendance
Oct. 2, 2021 - 5 p.m. to 11 p.m. / 270 attendees

Staff Recommendation
Staff recommends approval of this application.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 52



Report

(CONTINUED FROM SEPT. 8, 2021 - Amended Attachment) - Liquor License - D's
Jerk Hut

Request for a liquor license. Arizona State License Application 153134.

Summary

Applicant
Celeste Reytor, Agent

License Type
Series 12 - Restaurant

Location
15220 N. Cave Creek Road
Zoning Classification: C-2
Council District: 3

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 was Aug. 18, 2021. However, the
applicant submitted a written request for more time.

Pursuant to A.R.S. 4-203, a spirituous liquor license shall be issued only after
satisfactory showing of the capability, qualifications and reliability of the applicant and
that the public convenience and the best interest of the community will be substantially
served by the issuance. If an application is filed for the issuance of a license for a
location, that on the date the application is filed has a valid license of the same series
issued at that location, there shall be a rebuttable presumption that the public
convenience and best interest of the community at that location was established at the
time the location was previously licensed. The presumption shall not apply once the
licensed location has not been in use for more than 180 days.




Page 53

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.

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 attended multiple liquor law classes furthermore I currently run a successful
cleaning business. I have ensured that all employees attend a certified liquor law
course and will terminate employees who do not abide by the law. Additionally, I'm
committed to upholding the highest standards for my business and maintaining
compliance with applicable laws.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“I would like to offer our guests a drink with their meal if they choose. Our recipes and
menus items are prepared with consideration to consumption of beer, wine, spirits.”

Staff Recommendation
Staff recommends disapproval of this application based on a Police Department
recommendation for disapproval. The Police Department disapproval is based on
several items that were omitted by the applicant on the application and possible hidden
ownership. The applicant has not demonstrated the capability, qualifications and
reliability to hold and control a liquor license.

Attachments
Liquor License Data - D's Jerk Hut
Liquor License Map - D's Jerk Hut
Liquor License Police Department Recommendation - D's Jerk Hut

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 54
Liquor License Data: D'S JERK HUT
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 2 2

Liquor Store 9 3 1

Beer and Wine Store 10 6 5

Restaurant 12 4 2


Crime Data

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

Property Crimes 45.54 51.40 72.18

Violent Crimes 8.44 11.43 16.13

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within ½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels w/Violations 55 59

Total Violations 88 108




Page 55
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1033061 921 18 % 28 % 32 %

1033062 2272 17 % 22 % 37 %

1035011 1381 67 % 5% 23 %

1035012 999 80 % 8% 26 %

1035024 884 66 % 13 % 5%

1036061 1067 84 % 15 % 13 %

1036062 854 90 % 13 % 4%

1036063 2174 78 % 13 % 25 %

1036071 1285 83 % 3% 18 %

1036074 1299 89 % 0% 3%

Average 61 % 13 % 19 %




Page 56
Liquor License Map: D'S JERK HUT
15220 N CAVE CREEK RD




Ü
Date: 6/24/2021
0 0.2 0.4 0.8 1.2 1.6
mi


City Clerk Department
Page 57
Amended Sept. 9, 2021

Police Department Liquor License Disapproval Recommendation
Application Information
Business Name D’s Jerk Hut District 3
Business Location 15220 N. Cave Creek Road
Applicant Name Celeste Reytor Series Type 12

The Police Department recommends disapproval of this liquor license application for
the following reasons:




LIQUOR LICENSE DISAPPROVAL FORM
A.R.S. 4-203.A states “A spirituous liquor license shall be issued only after satisfactory showing of
the capability, qualification and reliability of the applicant”
Applicant Celeste Reytor applied for this license within the City of Phoenix. A review of the
applicant and background revealed that she is not capable, qualified or reliable for the following
reasons:
Upon receiving this application for review, Detective Hurt, on July 12, 2021, called D’s Jerk Hut at
the listed business phone number, 602-314-6817. This call was to set up an interview with applicant
Ms. Reytor. A male subject answered the phone and said that Ms. Reytor was not there while stating
“let me call her”. Detective Hurt asked that the male give Ms. Reytor a message to call him. A short
while later contact was made with Ms. Reytor via telephone. It was learned that she was not in town
nor did she have a potential return date. Ms. Reytor admitted during the call that her husband was in
fact at the business but stated “he only goes in and out”. When asked who was running the business
Ms. Reytor stated she was but also stated she was currently on the east coast. When questioned
about doing an in-person interview, Ms. Reytor became defensive and asked if it was necessary.
When told that it was, Ms. Reytor explained that she did not know when she would be back but then
provided options for a possible one to two-week return. During this discussion she was advised that
due to time limitations an interview needed to take place sooner rather than later as there were items
within the application which may need to be addressed. Ms. Reytor was further advised that she
could possibly get a time extension from licensing if she so requested. Ms. Reytor was given the
city of Phoenix’s licensing’s contact number at that time as well to assist her.
While reviewing Ms. Reytor’s application, the application provided D’s Jerk Hut LLC as owner of
the business while listing her as the manager/controlling person. According to the Arizona
Corporation Commission Ms. Reytor is the only person listed on or within this LLC. An open
source media search revealed, Nerron Duncan, date of birth 11/09/1982, who is listed as her husband
on her application, as a listed member and manager for the LLC.
Ms. Reytor requested and received a time extension from the city License Services to address any
issues with the application. After which Ms. Reytor called Detective Hurt to set a date for an
interview. Due to scheduling conflicts the date Ms. Reytor requested could not be accommodated.
Det. Hurt explained that he would re-contact her later to set another date. Det. Hurt later went to the
location of the business, 15220 N. Cave Creek Road, to contact Ms. Reytor in person about an
interview. She was not present at the business. Det. Hurt called the business back later that same
day, again at the business contact number 602-314-6817. A male subject answered the phone and
said that she was not there. Det Hurt asked that the male give her another message to call him.
As Det. Hurt was never contacted by Ms. Reytor after leaving the message, later on July 27, 2021 he
again went to the business to contact her in person. Again, Ms. Reytor was not present. Det.Hurt
spoke with her husband Nerron Duncan who was clearly running the business. Mr. Duncan called
Ms. Reytor in Det. Hurt’s presence via his cellular phone. Det. Hurt explained that he stopped in to
Page 58 Page 1 of 4
Police Department Liquor License Disapproval Recommendation
Application Information
Business Name D’s Jerk Hut District 3
Business Location 15220 N. Cave Creek Road
Applicant Name Celeste Reytor Series Type 12

talk with her, yet she was not there. Ms. Reytor stated, “I just stepped out” and that she had another
appointment and could not be there. Det. Hurt explained that he would call again later to discuss the




LIQUOR LICENSE DISAPPROVAL FORM
application.
After getting off the phone with Ms. Reytor, Det. Hurt asked to take a look around the business. Ms.
Reytor’s husband, Nerron Duncan, walked Det. Hurt around the business. Mr. Duncan first pointed
out what appeared to be a beer tap where he stated the alcohol would be situated or sold from. Mr.
Duncan opened the cabinet where the kegs would be located and they were empty, except for some
tools which were there appearing to still be working on the item. The business was clearly still
being remodeled or worked on as there were additional tools in at least two other locations within
the business. Mr. Duncan opened the refrigerator where their food was supposedly kept, and it was
mostly empty. While continuing to walk through the business, Mr. Duncan showed Det. Hurt what
was marked as the manager’s office on the business floorplan. The office had a tool kart with tools
on it which Mr. Duncan had to walk around to get into. Mr. Duncan explained that the office was
going to be the area where the liquor was secured indicating that they were planning on building or
putting in a locker which was not yet there.
Det. Hurt and Mr. Duncan ended the business walk through back in the main entrance area. Mr.
Duncan again went behind the counter where a female employee was also located and working. Det.
Hurt asked Mr. Duncan if he was the manager of the business as he knew all the details and plans,
locations of everything and was obviously in charge based on his interactions with the other
employees on site. There was one cook, a handy-man, and the female who was in the cashier area
behind the counter where he now stood. Mr. Duncan quickly stated “no, she is going to be the
manager” while pointing to the female near the register. The female turned and looked surprised.
Det. Hurt asked the female is she was going to be a manager, she stated “I guess so, just a minute
ago I was just the food prepper” (laughing). Jokingly Det. Hurt said that it better come with a pay
raise to which she smiled and excitedly said “Oh..I hope”. Det. Hurt then left the business.
On August 2, Det. Hurt phoned the business at 602-314-6817, the listed business phone number.
This was at approximately 1104 hours, after the business is said to be open, there was no answer.
Det. Hurt again called the business at 1203 hours with no answer, this time leaving a message for
Ms. Reytor to call him on the answering machine. Later, at approximately 1340 hours Det. Hurt
called Ms. Reytor on her cellular phone. He immediately asked if she was at the business to which
she replied “no, actually I stepped out”. Det. Hurt asked when she would be back to the business to
which she stated “hmmm…I wasn’t gonna come back till late tonight…because I have stuff going”.
Ms. Reytor later contradicted this statement in the interview by saying that she would not be at the
business until Wednesday.
Det. Hurt asked Ms. Reytor if she had any experience in operating a business which sold or sells
liquor. She said that she did not. She also stated that she did not have any liquor training while
adding “I’ll be going to that soon”. Det. Hurt asked how soon. Ms. Reytor replied, “I actually have
to make an appointment to do the course”. Det. Hurt asked Ms. Reytor if she had another job. She
stated that she has several businesses, but she was “mostly there” (referring to D’s Jerk Hut). She
spoke about owning a cleaning business which she stated was in Florida. Having seen Reytor
Cleaning on the application Det. Hurt asked about it. Ms. Reytor stated that it was in Florida not in
Page 59 Page 2 of 4
Police Department Liquor License Disapproval Recommendation
Application Information
Business Name D’s Jerk Hut District 3
Business Location 15220 N. Cave Creek Road
Applicant Name Celeste Reytor Series Type 12

Phoenix, yet she provided it on the DLLC application with the address of 2323 W. Dunlap Ave, Apt
244, Phx, AZ 85021. When questioned about this she said something to the fact of she must have




LIQUOR LICENSE DISAPPROVAL FORM
missed it but reiterated that the Reytor Cleaning business was in the State of Florida and even
provided the address of 2121 Collier Avenue #117, Fort Myers, Florida, 33901.
Det. Hurt inquired about how far Ms. Reytor lived from the business location. She said that it was
about 30 minutes away and when asked how she got there she said in a car. Det. Hurt asked about
her driving as she put on the application that she did not have a driver’s license. Ms. Reytor
admitted to only having an identification but then said that she has a Florida driver’s license,
something else omitted from the applications.
During the interview with Ms. Reytor, Det. Hurt brought up the fact that it appeared as though her
husband was running the business. Ms. Reytor said no that he just helps her out when she needs
stuff done. Det. Hurt asked if the D in the business name was for Duncan, her husband’s last name.
Ms. Reytor said that it was. Ms. Reytor then stated that her name was also Duncan. Something else
she did not disclose or include anywhere in the DLLC or city applications. Ms. Reytor went on to
state that it is only listed on her marriage license that she does not use it on any identifications or for
other things. Det. Hurt inquired about the female subject who was at the business being a manager
there as her husband Nerron Duncan stated. Ms. Reytor said that the female was only a cashier and
would not be a manager or bartender because she was not licensed for that. Ms. Reytor stated,
“Once I get the liquor license I will hire a bartender and make her the manager”. Det. Hurt clarified
this by asking if she was planning on operating the business as a bar, which she denied.
When questioned about not being at the business Ms. Reytor stated that the last time was because
she had an appointment and the time prior “I had to run to my other business in Florida”. This led to
additional questioning about her having another job. Ms. Reytor stated she has “several businesses”,
but she only listed the Reytor Cleaning business, which again was confirmed at a different location
than what she listed within the application.
In the course of this investigation, on two in-person occasions, and no less than three different calls
to the business Ms. Reytor was neither there nor could be contacted directly. This contradicts her
answer to question #12 on the State’s questionnaire wherein she indicated that she would be present
and physically operating the business. Det. Hurt found while at the business, her husband obviously
managing and operating the restaurant. That being the case further investigation was conducted into
her husband Nerron Duncan. AMENDED: Based on a criminal history check and documented
evidence found in the investigation, he (Nerron Duncan) is neither employable or eligible to
operate or apply for a liquor license.
Furthermore, Ms. Reytor the applicant, omitted several items on the application which go directly
towards her capability, credibility, and reliability. Ms. Reytor’s driver’s license status, location of
her other job or business, the fact that she has “several businesses” yet only listed one, and that Ms.
Reytor has no experience in operating a liquor establishment.
The applicant, Ms. Reytor has shown through the application review process that she lacks candor
and attention to detail. Whether she purposely omitted information or not, it does not undermine or

Page 60 Page 3 of 4
Police Department Liquor License Disapproval Recommendation
Application Information
Business Name D’s Jerk Hut District 3
Business Location 15220 N. Cave Creek Road
Applicant Name Celeste Reytor Series Type 12

lessen the appearance or fact that this application looks to be filed for a hidden ownership. Based on
the aforementioned information and the investigators experience, Det. Hurt believes Celeste Reytor




LIQUOR LICENSE DISAPPROVAL FORM
to be uncapable, unqualified and/or unreliable to operate a liquor establishment in the best interest of
the Black Mountain Precinct or the City of Phoenix and is therefore requesting this application be
denied.




This recommendation for disapproval is submitted by: Det. D. Hurt #7109
SIGNATURES
Administrative Licensing Investigator I Alonge A4289
Liquor Enforcement Detail Supervisor Sgt. M. Walter 8360




Page 61 Page 4 of 4




PAYMENT ORDINANCE (Ordinance S-47939) (Items 22-25)
Ordinance S-47939 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.

22 Healthy Outcomes, Inc. doing business as Engaged
Public
For $27,000.00 in additional payment authority for Balancing Act Software
Tool for the Budget and Research Department. The software is an online
budget balancing tool branded for the City of Phoenix as “FundPHX”.
FundPHX is designed to educate and engage the public in the City’s
annual budget development process. Comments on the budget received
from the community via the tool are reported regularly to the City Council
so it can be used to guide development of the annual General Fund
operating budget. The City of Phoenix successfully deployed this tool in
February 2020, and the engagement from the public doubled from 200
submissions in 2020 to over 400 submissions in 2021. The original funds
requested only paid for one year of service. The additional funds will pay
for the remaining two years of the commitment.

23 TrialNet, Inc.
For $29,000.00 in payment authority to purchase Electronic Invoice
Auditing for the Law Department. The Law Department utilizes an
electronic invoice auditing e-billing service that allows upload electronic
legal invoices to the website, pre-audit them using the City's billing
guidelines, and transmit the invoices electronically for internal City users
to review, edit, and approve invoice data for payment.


Page 62


24 Sweep Inc
For $16,531.00 in payment authority to purchase scooter retrieval
services from Sweep for the Street Transportation Department.
COVID-19 extended the contract termination date when the pilot program
was put on hold due to the pandemic. Council approved the downtown
shared electric scooter pilot program which includes approximately 400
designated parking locations throughout the pilot area.

25 B&F Contracting, Inc.
For $1,286,325.00 in additional payment authority for Agreement 150128,
for Change Order 1 Project WS90160095-1 for Sub-Regional Operating
Group Salt River Outfall Interceptor Rehabilitation Project E for the Water
Services Department. During construction the contractor encountered a
junction structure that varied from the as-built drawings that required
additional time and funds to repair located at Lower Buckeye Road and
27th Avenue. The work was not included as part of the original bid. The
project will use funds from the Water Services Department's Capital
Improvement budget; no General Funds are required.




Page 63



Report

Proposed 19th Avenue and Yearling Road Annexation - Public Hearing

A public hearing, as required by Arizona Revised Statutes section 9-471, on the
proposed 19th Avenue and Yearling Road Annexation. This public hearing allows the
Council will not act on the proposed annexation at this public hearing. Formal adoption
of this proposed annexation will be considered at a later date.

Summary
This annexation was requested by Charles E. Eckert Jr. with Red Hawk Development
Corporation 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. Additionally, the annexation is
recommended for adoption per the attached Task Force Analysis Report (Attachment
A).

Public Outreach
Notification of the public hearing was published in the Arizona Business Gazette
newspaper, and was posted in at least three conspicuous places in the area proposed
to be annexed. Also, notice via first-class mail was sent to each property owner within
the proposed annexation area.

Location
The proposed annexation area includes parcels 210-11-003F and 210-11-003G,
located at 19th Avenue and Yearling Road (Attachment B). The annexation area is
approximately 2.02 acres (0.0032 sq. mi.) and the population estimate is zero
individuals.

Council District: 1

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 64
ATTACHMENT A

CITY COUNCIL REPORT

TO: Ginger Spencer
Deputy City Manager


FROM: Alan Stephenson
Planning and Development Department Director


SUBJECT: Request for Task Force Analysis: 19th Avenue and Yearling Road Annexation


This report recommends the approval of the proposed annexation of 2.02 acres located at 19th Avenue
and Yearling Road, Parcels: APN # 210-11-003F and 210-11-003G


THE REQUEST:


The applicant is requesting annexation to access city services and for a proposed rezoning to develop a
single-family residential development.


OTHER INFORMATION:


Planning Village: Deer Valley
General Plan Designation: Traditional Lot, 3.5 to 5 dwelling units per acre
Current Zoning District: RU-43
Equivalent Zoning District: S-1
Current Conditions
Current Land-Use: Vacant
To the North: Single-family dwelling, zoned RU-43, Maricopa
County jurisdiction
To the South: Vacant, zoned RU-43, Maricopa County
jurisdiction
To the West: Residential (Norterra), zoned Planned Unit
Development (PUD), City of Phoenix jurisdiction
To the East: Single-family dwelling, zoned RU-43, Maricopa
County jurisdiction

Non-Conformities Present? NONE PRESENT

PARCEL(S) HISTORY: None




Page 65
ALTERNATIVES:

Option A - Annex the land as requested:

The city of Phoenix will control rezoning requests in this area to ensure conformance with the General
Plan Land Use Map. The city of Phoenix will capture property tax, utility tax, state shared revenue, and
impact fees.

Option B - Deny the request for annexation:

If annexed later, this site would have been developed under County zoning and development standards
that may not be consistent with the General Plan, Land Use Map, zoning, and development standards.


RECOMMENDATION:

Located adjacent to City of Phoenix lands, this annexation is supported by the 2015 General Plan,
particularly the Land Use goal for land uses and development standards for unincorporated land, under
Policies 1 and 2. This annexation is recommended for approval.
Approval of annexation does not constitute recommendation for future rezoning actions.


SUPPORTING INFORMATION:

I. Water and Sewer Service

The proposed parcel can likely be served by the City of Phoenix water and sewer system in the area
pending capacity review and approval.

City map shows the closest water near the project site:
12-inch DIP water main within N 19th Avenue
54-inch PCCP water main within N 19th Avenue (Transmission main, Do Not Use)

City map shows the closest sewer near the project site:
24-inch DIP sewer Force main within N 19th Avenue (Do Not Use)
8-inch VCP sewer main within W Jomax Road, approximately 1800-feet north of project site
8-inch VCP sewer main within W Union Park Dr/W Parsons alignment, approximately 1200-
feet south of project site.

Significant infrastructure improvements will be required in order to serve the proposed parcel City of
Phoenix services. Design and construction of any infrastructure will be the responsibility of the
developer. Specifics regarding potential main extension requirements would be discussed and
determined at a pre-app meeting after annexation.


II. Fire Protection

Servicing Station: Fire Station #55, 26700 N 27th Avenue
Station Capacity Level, Current: Unknown
Station Capacity Level, After Annexation: Unknown
Current Response Time: 2 Min. 20 Sec.
City Average Response Time: 5 Min. 2 Sec.
Difference From Typical Response Time: 2 Min.42 Sec.




Page 66
Number of Service Calls Expected: 3
Average Cost Per Service Call: $466
Estimated Total Annual Fire Service Costs: $1,246



III. Police Protection

Servicing Station: Black Mountain Precinct, 33355 North Cave Creek Rd, Cave Creek, AZ 85331
Number Of New Officers Required: 0.03
Number Of New Patrol Cars Required: 0.01
Estimated Total Annual Police Service Costs: $3,649



IV. Refuse Collection

Number of New Containers Required: 0
Note: Public refuse container costs not applicable for apartments and non-residential l uses as
these require private refuse services or contractual agreements with the City that are not determined
at this time.
Cost for Refuse Containers, Each: $43.05
Cost for Recycling Containers, Each: $45.70
Total Start-Up Costs For Refuse Collection: $0



V. Street Maintenance

Average Cost Per Acre For Street Maintenance: $85
Estimated Total Annual Street Maintenance Costs: $172



VI. Public Transit

Servicing Routes: There are no servicing routes to the proposed annexation area


VII. Parks and Recreation

Neighborhood Park Demand In Acres: 0.10
Community Park Demand In Acres: 0.06
District Park Demand In Acres: 0.06
Total Park Demand In Acres: 0.22
Cost Per Acre, Annual Maintenance: $11,000
Total Annual Parks and Recreation Costs: $2,368




Page 67
VIII. Schools

Elementary School District: Deer Valley Unified
High School District: Deer Valley Unified
Total Expected Elementary School Students: 7
Total Expected High School Students: 4
Total Expected New Students: 11



IX. Revenues

This project is not in an Impact Fee area.
Tax Income, Year One
Property Tax Income: $287
Utility Fee Income: $1,263
State Shared Revenue: $8,054
Solid Waste: $4,097
Sales Tax Generated: $0
Total Tax Related Income, Annually: $13,701


Tax Income, Year Two and Beyond
Property Tax Income: $287
Utility Fee Income: $1,263
State Shared Revenue: $8,054
Solid Waste: $4,097
Sales Tax Generated: $0
Total Tax Related Income, Annually: $13,701

X. Total Costs

Revenue, First Year Only: $13,701
Revenue, Year Two and Beyond: $13,701


Expenses, First Year Only: $7,435
Expenses, Year Two and Beyond: $7,435

XI. Total Annual Revenue

Total Annual Revenue, First Year Only: $6,266
Total Annual Revenue, Year Two and Beyond: $6,266




Page 68
The above referenced Property Tax Income figures are based on vacant parcels only, it does not refer
to future development which will vary depending on number of lots and individual square footage.

Total Tax Related Income and Total Annual Revenues will vary depending on project scope and size,
the timing of permit issuance and build-out.




Page 69
ATTACHMENT B




Page 70



Report

Proposed 35th Avenue and Carter Road Annexation - Public Hearing

A public hearing, as required by Arizona Revised Statutes section 9-471, on the
proposed 35th Avenue and Carter Road Annexation. This public hearing allows the
Council will not act on the proposed annexation at this public hearing. Formal adoption
of this proposed annexation will be considered at a later date.

Summary
This annexation was requested by Reese Anderson and Jon Gillespie with Pew &
Lake, PLC, 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. Additionally, the annexation is
recommended for adoption per the attached Task Force Analysis Report (Attachment
A).

Public Outreach
Notification of the public hearing was published in the Arizona Business Gazette
newspaper, and was posted in at least three conspicuous places in the area proposed
to be annexed. Also, notice via first-class mail was sent to each property owner within
the proposed annexation area.

Location
The proposed annexation area includes parcel 105-89-013L, located at 35th Avenue
and Carter Road (Attachment B). The annexation area is approximately 4.93 acres
(0.0077 sq. mi.) and the population estimate is zero individuals.

Council District: 7

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 71
ATTACHMENT A


CITY COUNCIL REPORT


TO: Ginger Spencer
Deputy City Manager


FROM: Alan Stephenson
Planning Director


SUBJECT: Request for Task Force Analysis: 35th Avenue and Carter Road Annexation


This report recommends the approval of the proposed annexation of 4.93 acres located at the 35th
Avenue and Carter Road, Parcel # 105-89-013L


THE REQUEST:


The applicant is requesting annexation to access city services and to annex and rezone the parcels to
develop a multi-family rental complex.


OTHER INFORMATION:


Planning Village: Laveen
General Plan Designation: 10 to 15 dwelling units per acre – Higher density attached townhouses,
condor, or apartments.
Current Zoning District: RU-43
Equivalent Zoning District: S-1
Current Conditions
Current Land-Use: Vacant
To the North: Single-family dwelling and ranch properties, zoned RU-43, Maricopa
County jurisdiction
To the South: Single-family dwelling and ranch properties, zoned RU-43, Maricopa
County jurisdiction
To the West: Single-family dwelling and ranch properties, zoned RU-43, Maricopa
County jurisdiction
To the East: Single-family subdivision, zoned R1-10, City of Phoenix jurisdiction
Non-Conformities Present? NONE PRESENT


PARCEL(S) HISTORY: None




Page 72
ALTERNATIVES:


 Option A - Annex the land as requested:
The city of Phoenix will control rezoning requests in this area to ensure conformance with the General
Plan Land Use Map. The city of Phoenix will capture property tax, utility tax, state shared revenue, and
impact fees.
 Option B - Deny the request for annexation:
If annexed later, this site would have been developed under County zoning and development
standards that may not be consistent with the General Plan, Land Use Map, zoning, and development
standards.


RECOMMENDATION:
Located adjacent to City of Phoenix lands, this annexation is supported by the 2015 General Plan,
particularly the Land Use goal for land uses and development standards for unincorporated land, under
Policies 1 and 2. This annexation is recommended for approval.
Approval of annexation does not constitute recommendation for future rezoning actions.


SUPPORTING INFORMATION:


I. Water and Sewer Service
Q.S.#: 1-20
Water Pressure Zone Area: 1
The Water Services Department (WSD) has reviewed the above parcel and does not have any
concerns with the annexation request. The proposed parcel can likely be served by the City of
Phoenix water and sewer system in the area, pending capacity review and approval. Water and/or
sewer system stipulations/requirements are determined at time of Site Plan approval after
annexation. Design and construction of any infrastructure will be the responsibility of the developer.
City map shows the closest water/sewer infrastructure is within S 35th Avenue: 12-inch DIP,
pressure zone 1 water main within S 35th Avenue 15-inch VCP, sewer main within S 35th Avenue


II. Fire Protection
Servicing Station: Phoenix Fire Station 39, 2276 W Southern Avenue
Station Capacity Level, Current: Unknown
Station Capacity Level, After Annexation: Unknown
Current Response Time: 3 Min. 45 Sec.
City Average Response Time: 5 Min. 2 Sec.
Difference from Typical Response Time: 1 Min. 17 Sec.
Number of Service Calls Expected: 15
Average Cost Per Service Call: $466
Estimated Total Annual Fire Service Costs: $6,911




Page 73
III. Police Protection
Servicing Station: Estrella Mountain, Police Beat 334
Number Of New Officers Required: 0.15
Number Of New Patrol Cars Required: 0.07
Estimated Total Annual Police Service Costs: $20,229


IV. Refuse Collection
Number of New Containers Required: 0
Note: Public refuse container costs not applicable for apartments and non-residential l uses as
these require private refuse services or contractual agreements with the City that are not
determined at this time.
Cost for Refuse Containers, Each: $43.05
Cost for Recycling Containers, Each: $45.70
Total Start-Up Costs For Refuse Collection: $0


V. Street Maintenance
Average Cost Per Acre For Street Maintenance: $85
Estimated Total Annual Street Maintenance Costs: $421


VI. Public Transit
Servicing Routes: Local routes 35 (35th Avenue), 77 (Baseline), and 251 (51st Avenue). Bus stops
are located approximately 1/2 mile from the parcel.


VII. Parks and Recreation
Neighborhood Park Demand In Acres: 0.58
Community Park Demand In Acres: 0.31
District Park Demand In Acres: 0.31
Total Park Demand In Acres: 1.19
Cost Per Acre, Annual Maintenance: $11,00
Total Annual Parks and Recreation Costs: $13,129


VIII. Schools
Elementary School District: Bernard Black Elementary
High School District: Cesar Chavez High School
Total Expected Elementary School Students: 39
Total Expected High School Students: 22
Total Expected New Students: 62




Page 74
IX. Revenues
Residential Impact Fees: This project is in the Laveen West Impact Fee area.
Expected Total Impact Fees at Buildout: $442,018


Tax Income, Year One
Property Tax Income: $483
Utility Fee Income: $7,001
State Shared Revenue: $44,614
Solid Waste: $22,716
Sales Tax Generated: $0
Total Tax Related Income, Annually: $74,814


Tax Income, Year Two and Beyond
Property Tax Income: $483
Utility Fee Income: $7,001
State Shared Revenue: $44,614
Solid Waste: $22,716
Sales Tax Generated: $0
Total Tax Related Income, Annually: $74,814


X. Total Costs
Revenue, First Year Only: $516,832
Revenue, Year Two and Beyond: $74,814


Expenses, First Year Only: $40,689
Expenses, Year Two and Beyond: $40,689


XI. Total Annual Revenue
Total Annual Revenue, First Year Only: $476,143
Total Annual Revenue, Year Two and Beyond: $34,125


The above referenced Property Tax Income figures are based on vacant parcels only, it does not refer
to future development which will vary depending on number of lots and individual square footage.
Total Tax Related Income and Total Annual Revenues will vary depending on project scope and size,
the timing of permit issuance and build-out.




Page 75
ATTACHMENT B




Page 76



Report

Proposed 27th Avenue and Baseline 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 Francisco M. Badilla with Badilla and Associates Consulting
Engineers, L.L.C., 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 105-88-020V, located at 7416 S. 27th
Ave. (Attachment A). The annexation area is approximately 2.25 acres (0.0035 sq.
mi.) and the population estimate is three individuals.

Council District: 8

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the City Clerk
Department.




Page 77
ATTACHMENT A




Page 78



Report

Acceptance of an Easement for Drainage Purposes (Ordinance S-47940)

Request for the City Council to accept an easement for drainage 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: TWG Phoenix, LP, its successor and assigns
Purpose: Drainage
Location: 215 W. Sunland Ave.
File: FN 210058
Council District: 7

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




Page 79



Report

Acceptance and Dedication of an Easement for Sidewalk Purposes (Ordinance S
-47941)

Request for the City Council to accept and dedicate an easement for sidewalk
purposes; further ordering the ordinance recorded.

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

Easement (a)
Applicant: Avalon Cave Creek, LLC, its successor and assigns
Purpose: Sidewalk
Location: 12044 N. Cave Creek Road
File: FN 210056
Council District: 3

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




Page 80



Report

Revocable License with Hunter Contracting Co. for City-owned Property Located
at 32 and 42 E. Columbus Ave. (Ordinance S-47948)

Request to authorize the City Manager, or his designee, to enter into a revocable
license with Hunter Contracting Co. for approximately 14,400 square feet of the
unimproved land located at 32 and 42 E. Columbus Ave. for construction staging and
storage. The license fee will be $2,200 per month. Further request to authorize the City
Treasurer to accept all funds related to this item.

Summary
Hunter Contracting Co. has been contracted by the City to provide design and
construction services for the Third Street Promenade, Garfield Street to Indian School
Road Modernization Project. Approximately 14,400 square feet of the unimproved land
will be used for construction staging, parking, and a construction trailer to facilitate the
City's project.

The term of the license will be for nine and one-half months, with an option to extend
on a month-to-month basis, up to an additional six months. The license fee is $2,200
per month, plus applicable taxes, which is within range of market rents as determined
by the Finance Department Real Estate Division. Hunter Contracting Co. shall provide
insurance and indemnification acceptable to the City of Phoenix Finance Department's
Risk Management Division and Law Department. The license may be canceled
pursuant to Arizona Revised Statute 38-511, or upon 60-days' written notice. The
license may contain other terms and conditions deemed necessary by the City.

Contract Term
The term of the license will be nine and one-half months, with an option to extend on a
month-to-month basis, up to an additional six months.

Financial Impact
The license fee will be $2,200 per month, or $20,900 for the initial term, plus applicable
taxes.




Page 81

Location
32 and 42 E. Columbus Ave., identified by Maricopa County Assessor's parcel
numbers 118-33-065 and 118-33-064.

Council District: 4

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




Page 82



Report

Municipal Firefighter Cancer Reimbursement Fund (Ordinance S-47944)

Request to authorize the City Manager, or his designee, to authorize payment to the
Industrial Commission of Arizona (ICA) to fund the Municipal Firefighter Cancer
Reimbursement Fund (Fund) and contribute to associated operating costs in
compliance with State of Arizona Senate Bill 1827 in the amount of $4,353,843.54.
Further request to authorize the City Controller to disburse all funds related to this item.

Summary
Arizona Revised Statutes section 23-1701 et seq., Senate Bill 1827 (Bill), was
approved by the Governor on June 30, 2021. The Bill requires Arizona incorporated
cities and towns, such as the City of Phoenix, to contribute to the Fund. The Fund,
administered by the ICA, will reimburse municipal cities and towns on a prorated basis
for paying workers’ compensation and benefits to firefighters and fire investigators who
are diagnosed with a disease, infirmity or impairment caused by outlined cancers
presumed to arise out of employment (occupational cancer). The City will be assessed
a fee each fiscal year which is payable by Sept. 30. The City’s fee is a prorated amount
of the $15,000,000 annual cap to the Fund and is based on the City’s population in
proportion to all Arizona incorporated cities and towns.

This legislation follows the repeal of A.R.S. §42-5041, which required the assessment
of costs for municipal administration of transaction privilege taxes to local government,
councils, and authorities.

Financial Impact
The annual cost is $4,353,843.54 and is based on a current population share of 29.03
percent. If the population share changes, the contribution will change. Funds are
available in the Human Resources Department's budget.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the Human
Resources Department.




Page 83



Report

Transfer of Retirement Funds to Arizona State Retirement System (Ordinance S-
47952)

Request to authorize the City Manager, or his designee, to transfer retirement funds for
Jacqueline Cole in the amount of $8,291.77 to the Arizona State Retirement System.
Further request to authorize the City Controller to disburse funds.

Summary
Pursuant to Arizona Revised Statutes, sections 38-730 and 38-922, retirement service
credits for former members of the City of Phoenix Employees’ Retirement System
(COPERS) may be transferred to the Arizona State Retirement System upon approval
by the City Council. The following former City of Phoenix employee has requested
transfer of the balance of their credited service:

Cole, Jacqueline: $8,291.77

Concurrence/Previous Council Action
This item was approved by the COPERS Board at its Sept. 2, 2021 meeting.

Responsible Department
This item is submitted by Deputy City Manager Toni Maccarone and the Retirement
Office.




Page 84



Report

Online Cataloging - OCLC - 133227 D (Ordinance S-47945)

Request to authorize the City Manager, or his designee, to allow additional
expenditures under Contract 133227 with OCLC, Inc. for the purchase of Online
Cataloging for the Library Department. Further request authorization for the City
Controller to disburse all funds related to this item. The additional expenditures will not
exceed $650,000.

Summary
OCLC, Inc. is a non-profit global library cooperative that provides shared technology
services, original research, and community programs for its members worldwide, and
which Phoenix Public Library (PPL) has been a member for over 20 years. Through
OCLC’s Interlibrary Loan Service, PPL customers can borrow digital materials from
libraries all over the world. OCLC is the library standard for providing libraries
worldwide with access to millions of digitalized pre-created records (metadata). This
contract will allow PPL staff to copy OCLC’s pre-created metadata, rather than creating
records from scratch, which increases efficiency since PPL adds thousands of new
records to its digital catalog each year. OCLC’s system also allows PPL customers to
search for and receive results quickly. The additional funds are needed to ensure that
the OCLC materials and services are continuously provided to PPL customers for an
additional five years.

This item has been reviewed and approved by the Information Technology Services
Department.

Contract Term
The contract term is from Oct. 21, 2011 through Sept. 30, 2026.

Financial Impact
Upon approval of $650,000 in additional funds, the revised aggregate value of the
contract will not exceed $1,374,920.78. Funds are available in the Library
Department’s budget.

Concurrence/Previous Council Action
This contract was originally approved by City Council on Oct. 5, 2011. Ordinance S-


Page 85

41897 for $200,000 was approved by Council on July 1, 2015, Ordinance S-43459 for
$100,000 was approved by Council on May 10, 2017, and Ordinance S-44802 for
$450,000 was approved by Council on June 20, 2018.

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




Page 86



Report

Fabrication and Installation of Park Signs - COOP 22-011 (Ordinance S-47951)

Request to authorize the City Manager, or his designee, to enter into a cooperative
participating agreement with Sierra Signs & Service, Inc. to provide the fabrication and
installation of signage for the Parks and Recreation Department. A cooperative
contract was established by the City of Mesa under solicitation number 2020212.
Further request authorization for the City Controller to disburse all funds related to this
item. The aggregate contract value will not exceed $600,000.

Summary
This contract will ensure that the Parks and Recreation Department can provide
signage throughout numerous City parks. The signage may include maps, educational
signs and directional signs, which are essential in order to provide effective information
to guests visiting City parks and facilities. The signage is essential to the safe and
welcoming operation of Parks and Recreation Department parks and park facilities.

Procurement Information
In accordance with Administrative Regulation 3.10, a participating agreement is
required when the City uses a cooperative agreement from another public agency. The
contract was awarded through competitive processes consistent with the City's
procurement processes, as set forth in the Phoenix City Code, Chapter 43.

The City of Mesa contract covers the purchase of fabricating and installing park signs
as required by the Parks and Recreation Department. The contract was awarded on
Oct. 5, 2020. Review of pricing and availability from registered small and local
businesses indicates that this cooperative contract offers the best value to the City.

Upon City Council approval of this item, a purchasing agreement incorporating the
City’s terms and conditions will be fully executed between the referenced vendor and
the City.

The Assistant Finance Director recommends that the cooperative participating
agreement with Sierra Signs & Service, Inc. be accepted.




Page 87

Contract Term
The five-year contract term will begin on or about Oct. 1, 2021.

Financial Impact
The aggregate contract value will not exceed $600,000. Funds are available in the
Parks and Recreation Department’s budget.

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




Page 88



Report

Amend Business Terms for Redevelopment of Del Rio Former Landfill at 1150 E.
Elwood St. (Ordinance S-47957)

Request to authorize the City Manager, or his designee, to amend the approved
business terms for entering into a development agreement, ground lease, easements
and other agreements as necessary (collectively, the Agreements) with Arizona Fresh
Holdings, LLC, or its City-approved designee (Developer), for the lease and
redevelopment of the 156-acre City-owned Del Rio former landfill site located at 1150
E. Elwood St. (Site). Also, request an exception pursuant to Phoenix City Code section
42-20 to include indemnification and assumption of liability provisions where necessary
in the transaction documents that would otherwise be prohibited by Phoenix City Code
section 42-18. Further request authorization for the City Controller to disburse funds
related to this item.

Summary
In October 2020, City Council authorized Agreements with the Developer to redevelop
the Site into a mixed-use project that includes: an Agri-Food Innovation Center with a
wholesale produce distribution center; retail; education; research facilities; and, an
approximately 20-acre City park (Project).

As the site design has continued to progress, the Developer has performed additional
due diligence including a geotechnical report to determine the viability and pricing
estimates for the Project and public infrastructure improvements. Additional costs are
included in the estimates to account for the generally approved building techniques
and methods on former landfill sites including dynamic compaction and vapor layers,
to name a few. To facilitate this redevelopment, the Developer will make several public
infrastructure improvements, creating new public access through the Site, establishing
access to the Rio Salado and new 20-acre public park and facilitating pedestrian
connectivity and activity. The three public roadways the Developer will construct
include the scenic Rio Salado Parkway, 12th Street alignment connecting Rio Salado
to Elwood Street, and a half-street of Elwood Street along the Project border.
Combined, these roadways including curb, gutter and sidewalks are estimated at more
than $21 million.

Upon approval of these proposed business terms, staff will incorporate the changes


Page 89

into the Agreements with the Developer:
· Indemnification/assumption of liability: City to obtain an exception pursuant to
Phoenix City Code section 42-20 to include indemnification and assumption of
liability provisions where necessary in the transaction documents that would
otherwise be prohibited by Phoenix City Code section 42-18.
· Developer will privately finance and construct the enhanced public infrastructure
improvements.
· Developer will install and construct a public east-west street, a public north-south
street and frontage along Elwood Street (including landscaping and appurtenant
amenities) for public access through the northern edge of the Project along the Rio
Salado at 7th Street to approximately the 12th Street alignment, a road that bisects
the Project from the Rio Salado to Elwood Street at approximately the 12th Street
alignment or otherwise approved by the City's Street Transportation Department,
and half-street frontage along Elwood Street and convey such access to the City in
a mechanism approved by the City.
· Agreements may include other such public infrastructure and related components
(and costs thereof) as approved by the Community and Economic Development
Director.
· The improvements shall be in conformance with the applicable zoning, approved
plans and regulations.

1. Reimbursement to the Developer shall be paid on an annual basis, for a period of
10 years, and shall not exceed the verified amount of General Fund Construction
Sales tax and General Fund Commercial Real Estate Property Rental, Leasing,
Licensing tax (collectively "TPT") collected that year. The TPT shall be comprised of
the taxes relating to both (i) the construction and installation of the public infrastructure
improvements and any private infrastructure improvements constructed in connection
with the development of the Project, and (ii) the construction of vertical and other on-
site improvements on the Site from time to time (whether by Developer or by third
parties such as technology support companies, and including any tenant
improvements). In order to track the TPT eligible for reimbursement, all contractors
and subcontractors must secure a separate City of Phoenix Transaction Privilege Tax
License related solely to the Project.
2. Reimbursement shall not exceed actual verifiable costs for the approved public
infrastructure improvements.
3. Reimbursement will not begin until after the Developer completes the public
infrastructure improvements at the Site and the City has accepted those
improvements.
4. Reimbursements would be made annually, in arrears, with additional details to be
specified in the Agreements.


Page 90

5. City will reimburse 100 percent of the City's General Fund share of TPT generated
from new construction and business activity over the 10 year period as confirmed by
the tax licenses.
6. Developer must comply with Title 34 of the Arizona Revised Statutes in constructing
the improvements to qualify for reimbursement.
7. Specifics and cost of public infrastructure improvements must be pre-approved by
the City in order to qualify for reimbursement.
8. City's reimbursement will not exceed the maximum cumulative amount of $4 million
(the "Maximum Reimbursement Amount").

· No other sources of funds would be used if the above resources are not adequate
to meet the projected construction expenses.
· City staff also recommends extending the time period from City Council
authorization to enter into Agreements from 12 months to 18 months.
· Agreements will include other terms and conditions as deemed necessary by the
City.
· Other than the changes referenced above, all other terms and conditions of the
previously approved Ordinance S-46989 remain the same.

Elliot D. Pollack & Company, a real estate and economic consulting firm, conducted an
economic and fiscal impact study showing the Project will generate an estimated
$868.6 million in annual economic activity, benefiting the City and region. This
innovative project will transform a former landfill site, and the South Phoenix area, from
a food desert to a food innovation hub. The Project will create approximately 1,400
construction and 1,500 ongoing operations jobs respectively, with an estimated capital
investment of over $191 million.

Contract Term
The ground lease term of 100 years remains unchanged. The term of the development
agreement will be for no more than 20 years.

Financial Impact
The financial impact of these new business terms are limited to the 10 years of the
City's General Fund share of TPT reimbursement, as defined above. Financial terms of
the Agreements will be reviewed by the City's Budget and Research Department to
verify funding availability prior to execution.

Concurrence/Previous Council Action
2020.


Page 91


Public Outreach
Public outreach related to the 20-acre park is taking place in September and October
2021.

Location
1150 E. Elwood St.
Council District: 8

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




Page 92



Report

Amend Intergovernmental Agreement to Continue Building Community Wireless
Network (Digital Divide Cooperative Network) (Ordinance S-47962)

Request to authorize the City Manager, or his designee, to amend Intergovernmental
Agreement (IGA) 154496 with Phoenix Union High School District, its 13 public
elementary feeder schools and Maricopa County Community Colleges District (the
"Parties") to add $10 million to continue building the community wireless network
(digital divide) project. 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 the American Rescue Plan Act (ARPA)
received from the federal government and is under the Citywide Wireless Network
Project and Partnership with Phoenix Union program.

Summary
On May 14, 2020, City Council approved a budget of $2 million from the City's
allocation of federal Coronavirus Relief Funds (CRF) to broaden Citywide Wi-Fi.
Shortly thereafter, a core public and private group came together to discuss long-term
solutions for the digital divide in Phoenix. Members of the core group included the City
of Phoenix, Phoenix College (PC), Phoenix Union High School District (PUHSD), the
Greater Phoenix Economic Council and the Arizona Commerce Authority. This group
has been working together since that time.

The digital divide is defined as the economic, education, and social inequalities
between those who have computers and online access, and those who do not. As was
reported at the Oct. 27, 2020 City Council Policy meeting, many areas of the country
have little or no access/connection to the internet, including areas in the City of
Phoenix and throughout Arizona. Even when there is internet availability, economic
barriers prevent many residents from accessing the internet. As the working group
presented to the City Council, during the COVID-19 pandemic, the gap in the digital
divide has become wider and wider. Households that have internet connection are able
to provide the opportunity for their children to continue their education at home during
a time when schools are closed. Coming out of the pandemic, and as schools are
opening again, that gap remains. Students who have connectivity are able to continue
with a robust hybrid learning program and can complete their online homework in their
home, while students who do not have connectivity struggle with completing their work


Page 93

assignments and must go to a public location to access the internet.

On Dec. 16, 2020, City Council approved entering into an IGA with PUHSD and its
feeder elementary schools and Maricopa County Community Colleges District relating
to digital divide solutions for under-served areas. In order to continue this formal
partnership and the roll-out of the Digital Divide Solution, IGA 154496 was created and
signed by the Parties.

Since approval of the initial $2 million, the team of partners has successfully installed
and conducted testing at several beta-sites within the broader proposed area of
service for viability. The beta-test sites included the PC campus, Maryvale High
School, the PUHSD offices and their respective staff and students. Data collected
during this process gave the partnership positive feedback and critical data on user
experience and overall use of the system. Now that data has been collected from the
beta-site testing, the project is now ready to scale-up and increase the wi-fi system's
capacity and reach for the broader community.

On June 8, 2021, City Council allocated $28.8 million of the approximately $198 million
ARPA funds to Youth Sports, Recreation, Education and Wireless projects, with $10
million set aside for the Citywide Wireless Network Project and Partnership with
PUHSD.

Staff requests to amend the existing IGA with the Parties to add the $10 million in
ARPA funds to implement the next phase of the digital divide project to expand the
existing wi-fi system to a four square mile area to allow access to over 1,000 students
who otherwise wouldn't have had reliable access to the internet at home.

Contract Term
The term of IGA 154496 is from April 1, 2021 to June 30, 2025 with an automatic
renewal effective for the next five fiscal year period (to June 30, 2030) unless
terminated earlier by the Parties.

Financial Impact
Total funding for the amended IGA will not exceed $12 million. This includes the initial
$2 million allocation of federal CRF in addition to the current request of $10 million in
ARPA funds. There is no impact to the General Fund. The request for $10 million in
funding is available through the City's allocation of ARPA funds.




Page 94

Concurrence/Previous Council Action
The City Council:
· Approved an allocation of $2 million from Coronavirus Relief Funds to broaden
Citywide Wi-Fi on May 14, 2020 at the City Council Policy meeting;
· Heard an update of the activities of the digital divide efforts on Oct. 27, 2020 at the
· Approved entering into an Intergovernmental Agreement relating to Digital Divide
Solutions for under-served areas on Dec. 16, 2020 at the City Council Formal
meeting; and
· Allocated $10 million in ARPA funds to continue building the community wireless
network project at the June 8, 2021 City Council Policy meeting.

Location
Council Districts: 4, 5, 7, and 8

Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Toni Maccarone
and the Community and Economic Development and Information Technology Services
departments.




Page 95



Report

Submit National Telecommunications and Information Administration
Broadband Infrastructure Program Grant Application, Enter into Agreements to
Continue Building Community Wireless Network (Ordinance S-47963)

Request to authorize the City Manager, or his designee, to (1) submit an application for
a National Telecommunications and Information Administration (NTIA) grant program;
(2) enter into agreements with the NTIA for the purpose of accepting awarded grant
funds to implement an expanded wi-fi network project, and (3) enter into agreements
as needed with City partner organizations receiving a share of the NTIA grant funds as
a pass-through from the City of Phoenix in accordance with the approved
Intergovernmental Agreement, as necessary. Further request to authorize the City
Treasurer to receive, and for the City Controller to disburse all funds in accordance
with the terms of the aforementioned grants and agreements. There is no impact to the
General Fund as a result of this request.

Summary
Through the U.S. Department of Commerce, the NTIA is making up to $288 million
available in federal grant funding for the deployment of broadband infrastructure.
Grants are to be awarded to partnerships between a state, or political subdivisions of a
state, and providers of fixed broadband service. The NTIA expects to award grant
funds within the $5 million to $30 million range. Grant funds are intended to support
competitively and technologically neutral projects for the deployment of fixed
broadband services that provide qualifying broadband service in an eligible service
area.

On Aug. 17, 2021, the Community and Economic Development Department submitted
a grant application in the amount of $20,601,125.54 to support the City's initiative to
create a canopy wi-fi network system for community members and students within the
Phoenix Union High School District (PUHSD). The grant application project is
designed to cover 170 square miles of the Central Phoenix area utilizing a combination
of technologies to meet various use cases based on the location of students, building,
and community types. Through a public and private partnership with PUHSD,
Maricopa County Community Colleges District (MCCCD), Phoenix College (PC), the
Greater Phoenix Economic Council (GPEC) and the City of Phoenix, the project will
deliver a no-cost access to educational services for students throughout the


Page 96

designated area. No local match is required.

This request is retroactive due to the Aug. 17, 2021 NTIA grant application deadline.

To develop a long-term solution to conquer the digital divide, the City of Phoenix,
MCCCD, PC, PUHSD, and GPEC have formed a Digital Divide Consortium
(Consortium) to bridge the Digital Divide. This Consortium provides resources and
services to implement and sustain broadband internet access for educational services
to the areas with the greatest need within the PUHSD's service area. The Consortium
believes that solving the Digital Divide today is critical for today's students and the
workforce of tomorrow that will drive the future economy in the City of Phoenix.
Without a solution, this future workforce will be left behind and may never realize their
full potential.

The project’s boundaries, subject to this grant application, are located within the
boundaries of the PUHSD, which includes all of the 26 high schools within the District
and the elementary school districts that are the “feeder schools” to the high school
district. Those elementary school districts that are located within the PUHSD
boundaries include: Alhambra Elementary, Balsz Elementary, Cartwright Elementary,
Creighton Elementary, Isaac Elementary, Laveen Elementary, Murphy Elementary,
Osborn Elementary, Phoenix Elementary, Riverside Elementary, Roosevelt Elementary
and Wilson Elementary.

This project's direct beneficiaries are the elementary, high school, and college students
in the City of Phoenix. In many areas within the City, 50-70 percent of families have
income below the poverty line and cannot afford broadband access to the internet.
This has created a Digital Divide, in which limited access to affordable and reliable
broadband connectivity creates a barrier to opportunities for education or employment.
The COVID-19 pandemic shifted education from in-classroom to home-based learning
almost overnight, with 100 percent of the public schools in the PUHSD going to home-
based learning, making the impact of the Digital Divide on education even more
apparent. To overcome these challenges, school districts have developed creative
solutions to provide educational programs and services for students during the
pandemic. While these efforts have served as temporary measures to help bridge the
Digital Divide, these are not long-term, sustainable solutions to the problem. The need
for broadband access to virtual education resources will outlive the pandemic as virtual
education, and virtual interaction with education resources are expected to be needed
well into the future.

On Dec. 16, 2020, City Council approved entering into an Intergovernmental
Agreement with PUHSD and its feeder elementary schools and MCCCD relating to


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digital divide solutions for under-served areas utilizing $2 million in federal Coronavirus
Relief Funds (CRF) to broaden Citywide Wi-Fi for educational purposes. Since then,
the team has successfully installed and conducted testing at several beta-sites within
the broader proposed area of service for viability. The beta-test sites included the PC
campus, Maryvale High School, the PUHSD offices and their respective staff and
students. Data collected during this process gave the partnership positive feedback
and critical data on user experience and overall use of the system. Now that data has
been collected from the beta-site testing, the project is now ready to scale-up and
increase the wi-fi system's capacity and reach for the broader community utilizing a
(ARPA) funding to expand the Citywide Wireless Network Project and Partnership with
PUHSD.

Federal financial assistance is needed to build the core infrastructure that this project
will depend upon and leverage the existing services and capital investments
connecting disparate components into a single platform from which innovations can be
developed, and services can be provided to students. This grant will help fill the
funding gap to complete this project which has a total cost of $34,751,125.94.

Anticipated outcomes of this project, subject to NTIA grant funds, include:
· Expanding the "Wireless Canopy of Coverage" created for Alhambra and Cartwright
Elementary School Districts to all PUHSD and PUHSD feeder school districts (12
districts);
· Replicable across the different sites and locations; achieved with validated
technologies utilizing private businesses secured through a procurement executed
by PUHSD;
· Efficient, affordable, and sustainable solution;
· Existing installations and testing conducted at multiple sites demonstrate robust
connectivity;
· Students who have need within service territory will have an Internet connection for
educational purposes only- removing the disparity in the community, expanding
access and availability of time for learning;
· Model designed to be easily deployable into other areas, small and large districts,
rural and Native American communities; and
· Create new training, workforce development, and mentorship opportunities.

Awards for the NTIA grant program are expected to be announced in November 2021.

Financial Impact
Total funds requested for the NTIA grant application is $20,601,125.54. No General


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Funds are requested as part of this action. Through separate City Council actions a
total of $12 million has been committed to this effort between CRF and ARPA funds.

Concurrence/Previous Council Action
The City Council:
· Approved an allocation of $2 million from Coronavirus Relief Funds to broaden
Citywide Wi-Fi on May 14, 2020 at the City Council Policy meeting;
· Heard an update of the activities of the digital divide efforts on Oct. 27, 2020 at the
· Approved entering into an Intergovernmental Agreement relating to Digital Divide
Solutions for under-served areas on Dec. 16, 2020 at the City Council Formal
meeting;
· Allocated $10 million in American Rescue Plan Act funds to continue building the
community wireless network project at the June 8, 2021 City Council Policy
meeting; and
· Will consider amending Intergovernmental Agreement 154496 with Phoenix Union
High School District, its 13 public elementary feeder schools and Maricopa County
Community Colleges District to add $10 million to continue building the community
wireless network (digital divide) project at the Sept. 15, 2021 City Council Formal
meeting.

Location
Council Districts: 4, 5, 7, and 8

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




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Report

Add Position in Fire Department to Support Event Activity at Phoenix
Convention Center (Ordinance S-47949)

Request to authorize the City Manager, or his designee, to add one new position to the
base staff level in the Fire Department to support increased convention and trade
show event activity at the Phoenix Convention Center. This position will be assigned to
and paid for by the Phoenix Convention Center Department. No General Fund dollars
are requested to support this request; Convention Center Department operating funds
are available.

Summary
In November 2020, the City Council approved the Phoenix Convention Center
Department (PCCD) COVID-19 Response Plan. The plan included necessary program
and staffing level reductions in response to cancelled events and revenue losses
directly resulting from the Coronavirus pandemic. One component of the plan included
suspension of funding for a Fire Prevention Specialist II position. That position resided
in the Fire Department, but was funded by and directly supported the PCCD. The
position was ultimately absorbed into the Fire Department and reassigned other duties.
Since that time, the convention industry has seen a return of event activity which
necessitates the reestablishment of the Fire Prevention Specialist II position to support
fire, life safety reviews and inspections for Convention Center events. As a result of the
position being reassigned, it is no longer available to support the needs of the PCCD.
Accordingly, the creation of a new position is necessary. The position is critical to the
operations of the Convention Center and is responsible for reviewing and approving
event plans to ensure fire regulations, building code and fire life safety codes are met.

The Human Resources Department has reviewed and approved this request.

Financial Impact
The estimated cost for the position for the remainder of Fiscal Year 2021-22 is
estimated to be $76,500, and full year costs for Fiscal Year 2022-23 are estimated to
be $102,000. No General Funds are requested to support this request; Phoenix
Convention Center Department operating funds are available.




Page 100

Concurrence/Previous Council Action
The Phoenix Convention Center Department COVID-19 Response was approved by
the City Council on Nov. 18, 2020.

Location
Council Districts: 7 and 8

Responsible Department
This item is submitted by Deputy City Manager Inger Erickson, Assistant City Manager
Jeff Barton and the Phoenix Convention Center and Fire departments.




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Report

Amendment to Elevator/Escalator Maintenance Contract - Adding Phoenix
Convention Center Department (Ordinance S-47950)

Request to authorize the City Manager, or his designee, to amend Aviation Department
Contract 142435 with Kone Inc. to add additional funds for the Phoenix Convention
Center in the amount of $100,000, for a total contract amount not to exceed
$49,577,400. Further request authorization for the City Controller to disburse all funds
related to this item. Phoenix Convention Center Department Capital Improvement
Program funds are available to pay for these services.

Summary
The Aviation Department contract provides elevator and escalator maintenance for
their vertical and horizontal transportation. This contract will provide the Phoenix
Convention Center Department non-warranty maintenance on its nine newly
refurbished Kone elevators located at the Convention Center East Garage located at
601 E. Washington St. Additionally, this contract will maintain the warranty of the
materials and workmanship by Kone Inc. through May 1, 2022.

Financial Impact
With the $100,000 in additional funds, the revised contract value will be $49,577,400
(including applicable taxes). Funds are available in the Phoenix Convention Center
Department Capital Improvement Program budget.

Concurrence/Previous Council Action
The Elevator/Escalator Maintenance contract was approved by Formal Council Action
on April 6, 2016 with an original contract value of $49,477,400 with Ordinance S-
42422.

Location
601 E. Washington St.
Council District: 8

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


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Report

Thrash & Dangle Enterprises, LLC dba Phoenix Rock Gym (Ordinance S-47947)

Request authorization for the City Manager, or his designee, to enter into a facility use
agreement with Thrash & Dangle Enterprises, LLC dba Phoenix Rock Gym for the Fire
Department. Further request authorization for the City Controller to disburse funds
required for this item. The aggregate contract value will not exceed $6,000.

The Phoenix Fire Department (PFD) is responsible for the provision of technical
rescue training through its Technical Rescue Team (TRT) Program. In order to provide
such training, PFD requires a facility that has the climbing wall capacity, occupancy
capacity, and availability to allow for the training of TRT students in a controlled
environment. The skill-specific training would be very difficult to conduct in any other
environment while also maintaining an acceptable level of safety and instructional
oversight for the students.

Further request the City Council to grant an exception to Phoenix City Code (PCC)
section 42-18 to allow that to the extent permitted by law, the City shall indemnify and
hold harmless the Indemnified Parties, from and against all losses, damages, liabilities,
demands, causes of action, costs and expenses (including reasonable attorneys’ fees
and costs of litigation), arising, directly or indirectly, out of the use of, activities or entry
on, or resulting from bodily injury or death of persons, or damage to or loss of property,
which occurs on the Premises of the Owner’s Property or in any manner directly or
indirectly grows out of or in connection with the use, entry, occupancy or condition of
the Premises, the Owner’s Property or any parts thereof, except to the extent arising
out of the gross negligence or willful misconduct of Owner.

Contract Term
The contract term shall begin on or about Sept. 15, 2021 and end on Sept. 14, 2024.

Financial Impact
The aggregate contract value will not exceed $6,000. Funds are available in the Fire
Department's budget.

Responsible Department
This item is submitted by Assistant City Manager Jeff Barton and the Fire Department.


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Report

FY 2021 National Urban Search and Rescue Response System Cooperative
Agreement with FEMA (Ordinance S-47955)

Request to authorize the City Manager, or his designee, to apply for, accept, and if
awarded, disburse Federal Emergency Management Agency (FEMA) funds totaling
$1,236,878 for the Urban Search and Rescue (US&R) 2021 Readiness Cooperative
Agreement. Further request authorization for the City Treasurer to accept, and the City
Controller to disburse, all funds related to this item.

Summary
The Department of Homeland Security and FEMA provide support and funding for the
maintenance and readiness of the national Urban Search & Rescue (US&R) Response
System. The purpose of this readiness cooperative agreement is to support the
continued development and maintenance of a national US&R capability. This
cooperative agreement provides direction to the Phoenix Fire Department for the use
of funding to provide administrative and program management, training, support,
equipment cache procurement, maintenance, and storage.

The Phoenix Fire Department is the sponsoring agency of Arizona Task Force One (AZ
-TF1), one of 28 national Urban Search and Rescue response system task forces that
can rapidly deploy skilled personnel and state of the art equipment to sites of natural
disasters, terrorist attacks, and building collapses. In addition to search and rescue,
task force members provide immediate medical treatment to survivors, hazardous
materials monitoring and stabilization capabilities. In the past, AZ-TF1 has been
deployed to Hurricanes Florence, Harvey, Irma, Rita, Katrina, Ike, Gustav, the
Oklahoma City bombing and to the 9/11 World Trade Center in New York City.

Contract Term
The term of the agreement, if approved, will be for three years. The contract will run
from Sept. 1, 2021 through Aug. 31, 2024.

Financial Impact
The Fire Department will receive an amount not to exceed $1,236,878 from the
Federal Emergency Management Agency (FEMA) for the Urban Search and Rescue
(US&R) 2021 Readiness Cooperative Agreement.


Page 104


Responsible Department
This item is submitted by Assistant City Manager Jeffrey Barton and the Phoenix Fire
Department.




Page 105



Report

Fire Service Training Agreements (Ordinance S-47956)

Request authorization for the City Manager, or his designee, to enter into agreements
with Arizona Fire and Medical Authority, Avondale Fire and Medical, Buckeye Fire-
Medical-Rescue, Buckeye Valley Fire District, Chandler Fire Department, Daisy
Mountain Fire and Medical, El Mirage Fire Department, Gila River Fire Department,
Gilbert Fire and Rescue,
Glendale Fire Department, Goodyear Fire Department, Guadalupe Fire Department,
Harquahala Fire District, Maricopa Fire Department, Mesa Fire and Medical, Peoria
Fire Medical Department, Queen Creek Fire and Medical, Salt River Pima-Maricopa
Fire Department, Scottsdale Fire Department, Sun City Fire and Medical Department,
Superstition Fire and Medical District, Surprise Fire-Medical Department, Tempe Fire
Medical Rescue Department, and Tolleson Fire Department for fire service training.
Further request authorization for the City Treasurer to accept all funds related to this
item.

Summary
The purpose of these agreements is to conduct joint training and allow firefighters and
firefighter recruits from other regional jurisdictions to attend training hosted by the
Phoenix Fire Department. Training opportunities include, but are not limited to, Aircraft
Rescue Firefighter Certification Training, Firefighter Recruit Training, Fire Inspector
Training, Hazardous Material Technical Certification Training, EMT/Paramedic
Recertification Training, Technical Rescue Technician Certification Training, and follow-
on required continuing education. The provision of these training services to other
jurisdictions will not negatively impact City of Phoenix public safety personnel.

Contract Term
The agreements shall be effective upon approval and execution and shall remain in
effect for a term of five years.

Financial Impact
The jurisdictions will reimburse the City of Phoenix per employee for all training
services performed.




Page 106

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




Page 107



Report

Aviall Aircraft Parts - Requirements Contract - MCC190142-C-A (Ordinance S-
47942)

Request to authorize the City Manager, or his designee, to allow additional
expenditures under Contract 150790 with Aviall Services, Inc. for the purchase of
aircraft parts, supplies and accessories 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 $150,000.

Summary
This contract provides the Police Department's Air Support Unit with various aircraft
parts and services to operate and maintain fixed wing and rotary aircraft. The aircraft is
critical to the Police Department in order to support patrol officers, provide crime
suppression, and conduct mountain rescue services. The Federal Aviation
Administration (FAA) mandates routine maintenance and overhauls be performed to
ensure the safe operation of the aircraft fleet.

Additional funds are necessary due to the age of the aircraft in the fleet and the
required repairs and replacement parts needed.

Contract Term
The contract term is Sept. 1, 2019 through Aug. 30, 2024.

Financial Impact
Upon approval of $150,000 in additional funds, the revised aggregate value of the
contract will not exceed $242,482. Funds are available in the Police Department’s
budget.

Concurrence/Previous Council Action
This contract was originally approved by City Council on Aug. 28, 2019.

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



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Report

Arizona Coliseum and Exposition Center Request for Police Services for 2021
Arizona State Fair (Ordinance S-47964)

Request to authorize the City Manager, or his designee, to enter into an agreement
with the Arizona Coliseum and Exposition Center for the Phoenix Police (PPD) and the
Neighborhood Services departments (NSD) to provide increased traffic enforcement,
perimeter security, proactive police patrol, permit parking enforcement and vending
enforcement. The Arizona Coliseum and Exposition Center will pay $31,500 for these
services. Further request authorization for the City Treasurer to accept, and the City
Controller to disburse, all funds related to this item.

Summary
As far back as 1987, PPD and NSD have partnered with the Arizona Coliseum and
Exposition Center to provide increased traffic enforcement, perimeter security and
proactive patrol in the area surrounding the fair grounds. The intent of this agreement
is to recover costs associated with these services during the State Fair. Additionally,
Finance Department Tax Enforcement Section receives space at no charge for
licensing and collection of taxes from vendors.

Contract Term
Services will take place from Oct. 1, 2021 through Oct. 30, 2021.

Financial Impact
The amount to be recovered is $19,000 by PPD and $12,500 by NSD.

Location
The area surrounding the Arizona State Fairgrounds located at 1826 W. McDowell
Road.
Council District: 4

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




Page 109



Report

FY 2021 Internet Crimes Against Children Task Force Program (Ordinance S-
47960)

Request retroactive authorization for the City Manager, or his designee, to allow the
Police Department to apply for, accept and enter into an agreement with the Office of
Juvenile Justice and Delinquency Prevention for the 2021 Internet Crimes Against
Children (ICAC) Task Force Program for an amount not to exceed $469,451. Further
request authorization for the City Treasurer to accept, and for the City Controller to
disburse, all funds related to this item.

Summary
The Police Department commands the Arizona ICAC Task Force and has received
funding through this source annually for the past several years. The goal of the task
force is to improve effectiveness to prevent, interdict, investigate, and prosecute
internet crimes against children and child exploitation. The Arizona ICAC Task Force is
partnered with 64 law enforcement agencies statewide. Since 2006, the Arizona ICAC
Task Force has conducted more than 35,145 investigations resulting in the
incarceration of hundreds of offenders and provided preventative training
presentations to children, parents, and community groups to educate them on how to
protect children from internet crimes.

If awarded, grant funds will be used to continue reimbursing the City for the salary and
fringe benefits for one sergeant position, overtime and related fringe benefits for
various task force personnel, supplies, travel, training, equipment, and
contracts/consultants to support the task force investigations. Funds are also shared
statewide through a program that assists agencies throughout Arizona to purchase
equipment and attend training.

The grant application was due on Aug. 31, 2021. If authorization is denied, the grant
application will be rescinded.

Contract Term
The contract term is from Oct. 1, 2021 through Sept. 30, 2022.




Page 110

Financial Impact
No matching funds are required. Cost to the City would be in-kind resources only.

Concurrence/Previous Council Action
This item was recommended for approval by the Public Safety and Justice
Subcommittee by a vote of 3 to 0 at the Sept. 8, 2021 meeting.

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




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Report

PHX Sky Train Operations and Maintenance Contract 126231 - Amendment
(Stage 2 Extension) (Ordinance S-47953)

Request to authorize the City Manager, or his designee, to execute an amendment to
Operations and Maintenance Contract 126231 with Bombardier Transportation
(Holdings) USA Inc., to: extend the term of the Contract for 10 years, for a 20-year
aggregate term; and provide operation and maintenance services in support of the
Phoenix Sky Harbor International Airport Sky Train. Further request to authorize the
City Controller to disburse all funds related to this item. The additional expenditures
included in this amendment will not exceed $308,567,412.

Summary
The PHX Sky Train is an important transportation asset to Phoenix Sky Harbor
International Airport (PHX). Sky Harbor Boulevard and the surrounding roadway
system accommodate all traffic at PHX, and they are used by passengers, employees,
airport businesses, and the public to access PHX terminals. While PHX continues to
improve this roadway system, it has limited capacity for airport traffic. The PHX Sky
Train provides a much needed second mode of transportation for connecting
passengers between PHX terminals and parking garages and lots. The Stage 2
extension to the Rental Car Center will replace the need for airport shuttle buses,
thereby reducing roadway and terminal curb congestion.

The PHX Sky Train system has been developed in three stages. Stage 1 extends from
44th Street to Terminal 4, which opened for passenger service in April 2013. The
extension of the system from Terminal 4 to Terminal 3 (Stage 1A) opened in December
2014. The final phase of the project (Stage 2) extends the Sky Train system from
Terminal 3 to the Rental Car Center and is expected to open in summer 2022.

The Stage 2 extension will add two and a half miles of dual-lane guideway, two new
stations at 24th Street and the Rental Car Center, and 24 additional train cars. After it
is completed, the system will consist of five miles of dual-lane guideway, six stations,
and a total fleet of 42 train cars.




Page 112

Bombardier was originally selected for this work using a two-step design-build-operate-
maintain procurement process in accordance with Arizona Revised Statute Title 34, as
managed by the City Engineer.

The Stage 2 extension requires Contract 126231 (Contract) to be amended to allow for
the increase in operations and maintenance associated with the extension of the
system to the Rental Car Center (Stage 2).

This Contract is essential to the health, safety, and welfare of the public and critical to
operations for the City.

Contract Term
The Contract commenced on April 1, 2013 and has a 10-year term. The Contract
extension will begin on or about June 1, 2022 for an additional 10-year term; the
aggregate contract term for operation and maintenance of the entire system will be 20
years, with no options to extend.

Financial Impact
The initial authorization and previous amendments for the Operations and
Maintenance contract were authorized for an expenditure not-to-exceed
$85,819,679.07. This amendment will increase the authorization for the contract by an
additional $308,567,412, for a new total not-to-exceed contract value
$394,387,091.07, which includes a not-to-exceed five percent annual economic price
adjustment.

Funding is available in the Aviation Department’s operating budget.

Concurrence/Previous Council Action
The City Council approved:
· Operating System Operations and Maintenance Contract 126231 (Ordinance S-
36228) on July 10, 2009;
· Operating System Operations and Maintenance Contract 126231 - Amendment
(Ordinance S-39113) on July 3, 2012; and
· Operating System Operations and Maintenance Contract 126231 - Amendment
(Ordinance S-41273) on Nov. 19, 2014.

Location
Phoenix Sky Harbor International Airport - 3400 E. Sky Harbor Blvd.
Council District: 8




Page 113

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




Page 114



Report

***REQUEST TO WITHDRAW (SEE ATTACHED MEMO)*** Airport Concessions
Relief and American Rescue Plan Act (Ordinance S-47961)

Request to authorize the City Manager, or his designee, to apply for and accept airport
-specific American Rescue Plan Act of 2021 (ARPA) funds allocated by the Federal
Aviation Administration (FAA) in the amount of $15,374,984 for Small Business
Concessions and $3,843,746 for Large Business Concessions. If approved, these
grant funds would be applied to terminal concessionaire accounts in the form of a
credit to be used toward rent payments subject to the stipulations outlined in this
report. Further request to authorize the City Treasurer to accept the funds and the City
Controller to disburse all funds related to this item. The total value of the funding will
not exceed $19,218,730.

Summary
The COVID-19 global pandemic created a downturn in airline passenger travel by over
93 percent at Phoenix Sky Harbor International Airport (PHX). In direct correlation to
the reduced passenger activity, concessions sales plummeted for PHX's
concessionaires. As a result, established rents were unsustainable for concessionaires
in the terminals. On April 4, 2020, the FAA provided guidance to airport sponsors
encouraging them to consider business circumstances created by the public health
emergency. In response, the City Council passed three rounds of rent relief to
concessionaires and extended food, beverage and retail contracts by three years to
assist Airport Concessions Disadvantaged Business Enterprise (ACDBE) business
partners to refinance their existing debt.

Since April 2021, PHX has experienced significant increases in passenger volumes. In
June 2021, PHX reached 80 percent of total enplanement traffic for two consecutive
months as compared to 2019. Per City Council action on Dec. 2, 2020, all concession
operators were notified that the contractual Minimum Annual Guarantee (MAG)
amounts must be paid beginning Aug. 1, 2021.

Federal Relief Funds for Airport Concessionaires
On April 9, 2021, the Aviation Department received notification of its allocation of
Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA)
funds appropriated for PHX’s concessions program in the amount of $4,804,683. In


Page 115

accordance with FAA guidance, the monies received by the FAA served as a partial
reimbursement towards the more than $20 million in rent relief provided by PHX to
date.

American Rescue Plan Act
On June 16, 2021, the Aviation Department received notification from the FAA
regarding its concessions relief allocation of airport-specific ARPA funds in the amount
of $15,374,984 for small business concessions and $3,843,746 for large business
concessions.

As with CRRSAA, if an airport sponsor accepts its ARPA allocations for concession
relief, “the airport sponsor must provide relief from rent and MAG to eligible small
airport concessions and eligible large airport concessions in an amount that reflects
each eligible airport concession’s proportional share of the total amount of rent and
MAG of all eligible airport concessions at the airport.”

For the Aviation Department to be eligible to apply for and receive its federal
concessions relief appropriation of ARPA funds, the City of Phoenix would offer rent
relief in the form of grant-funded rent credits for in-terminal concessionaires. These
ARPA funds would effectively pay 100 percent of the MAG and/or percentage rents
owed to the City until the appropriation is exhausted.

The ARPA credits would provide rent relief subject to the following conditions:
· Stipulation 1 - Per FAA guidelines, concessionaires must be operating to receive
relief;
· Stipulation 2 - Concessionaires must staff to at least 80 percent of 2019 levels
within 90 days of accepting relief;
· Stipulation 3 - Concessionaires must operate at 100 percent of their contractual
hours within 90 days of City Council approval; and
· Stipulation 4 - Concessionaires must return to full menu offerings as compared to
2019 within 90 days of accepting relief.

Financial Impact
The $19,218,730 of relief funding comes directly from the federal ARPA grant. This
portion of the federal airport ARPA grant will provide the funding for the credit to rent
due to the City, and can only be used for the purpose of airport concessionaire relief as
explained above.




Page 116

Location
Sky Harbor International Airport - 3400 E. Sky Harbor Blvd.
Council District: 8

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




Page 117



Report

Motorola Solutions, Inc. Master Services Agreement 124391 - Amendment
(Ordinance S-47958)

Request to authorize the City Manager, or his designee, to execute an amendment to
Master Communications System Agreement 124391 (Master Agreement) with
Motorola Solutions, Inc. (Motorola) to purchase additional ongoing maintenance and
technical support services for the VESTA communication system for the Aviation
Department. Further request to authorize the City Controller to disburse all funds
related to this item. The total amount of the additional expenditures will not exceed
$493,607.

Summary
The Aviation Department requests to use the existing Master Agreement for ongoing
maintenance and technical support services and any other communication center
equipment for the Aviation Department's computer-based integrated phone and radio
VESTA communication system. Aviation Department emergency communication
dispatchers at Sky Harbor International Airport utilize the VESTA system to provide
computer-based integrated phone and radio response to police, fire, emergency
medical services, customer service, and other operational calls at the airport.

By joining the citywide agreement, the Aviation Department will be able to provide
uninterrupted support to this critical infrastructure, and avoid a month-to-month support
arrangement. The department's current agreement with Century Link (Lumen) for
maintenance and support of the existing system expires on Sept. 30, 2021.

This item has been reviewed and approved by the Information Technology Services
Department.

Procurement Information
The Master Agreement was approved by the City Council on July 2, 2008. It provides
the hardware, software, and professional services, which are proprietary to Motorola
and necessary to support City of Phoenix Information Technology systems. The Master
Agreement is an umbrella agreement under which Statements of Work (SOW) can be
developed and issued. Each SOW is processed in accordance with City of Phoenix
procurement regulations.


Page 118


Contract Term
The term of the Master Agreement will remain unchanged, ending on June 30, 2028.

Financial Impact
The previous authorization for the Master Agreement was for an expenditure not-to-
exceed $95,465,413. This amendment will increase the authorization for the Master
Agreement by an additional $493,607 to account for the addition of Aviation's system
to the contract, for a new total not-to-exceed Master Agreement value of $95,959,020.

Funding is available in the Aviation Department's budget.

Concurrence/Previous Council Action
The City Council approved Motorola, Inc. Master Agreement 124391 on July 2, 2008.

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




Page 119



Report

Apply for Federal Funding for Transportation Projects in Federal Fiscal Years
2022 through 2025 (Ordinance S-47954)

Request to authorize the City Manager, or his designee, to apply for, accept and if
awarded, enter into agreements for federal transportation funding through the
Maricopa Association of Governments. Further request an exemption from the
indemnification prohibition set forth in the Phoenix City Code section 42-18 for a
governmental entity pursuant to Phoenix City Code section 42-20. The funding
supports various program areas, including Active Transportation, Certified Street
Sweepers, Paving Unpaved Roads, and System Management and Operations
projects. Further request to authorize the City Treasurer to accept, and the City
Controller to disburse, all funds related to this item.

Summary
The Maricopa Association of Governments (MAG) is soliciting applications for the
following grant opportunities:
1. Congestion Mitigation and Air Quality (CMAQ) Improvement Program for Active
Transportation (bicycle and pedestrian) projects, Certified Street Sweepers, Paving
Unpaved Roads, and System Management and Operations;
2. Transportation Alternatives Infrastructure (TA-MAG) for bicycle and pedestrian
projects;
3. Surface Transportation Block Grant (STBGP-MAG) for System Management and
Operations; and
4. Roadway Safety Program (STBGP-exchanged HURF) for pedestrian and
intersection safety improvements.

On Aug. 2, 2021, MAG announced a Call for Projects for the Federal Highway
Administration sub-allocated CMAQ Improvement Program, Surface Transportation
Block Grants and Transportation Alternatives Infrastructure (TA) funding over multiple
federal fiscal years. The City is eligible to compete for up to $48.4 million in federal
funding available for federal Fiscal Years 2022 through 2025.

The Street Transportation Department aims to pursue federal funding whenever
solicitations are made by MAG that align with the City’s transportation goals and
objectives. This recent MAG Call for Projects is an opportunity to leverage City dollars


Page 120

while increasing the City’s ability to complete more transportation related projects that
enhance the community. Each program funding has its own competitive review and
ranking process managed by MAG.

Between now and the application due date of Sept. 17, 2021, staff will continue to
refine the locations, costs and scope of each grant submittal to be competitive with
other local and regional submittals.

Financial Impact
The maximum federal participation rate is 94.3 percent with a minimum local match of
5.7 percent of the total construction cost. The funding covers construction only and
does not cover any design, environmental studies or other federal clearances that are
required as a part of the federal delivery process. The Street Transportation
Department will submit several applications for the various funding opportunities up to
$23 million. The minimum local match would require the City to fund approximately
$1.31 million to obtain $23 million in federal funds for construction.

Funding is available in the Street Transportation Department's Capital Improvement
Program budget.

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




Page 121



Report

Support for Formation of Janet Rose Irrigation Water Delivery District
(Resolution 21957)

Request to adopt a resolution to support formation of the Janet Rose Irrigation Water
Delivery District through Maricopa County. The proposed Irrigation Water Delivery
District includes the single-family residential properties bounded by Berridge Lane to
the south, Rose Lane to the north, 12th Street to the west and 16th Street to the east.
This action has no financial impact to the City of Phoenix.

Summary
Under the provisions of Arizona Revised Statutes (A.R.S.) Chapter 20, Title 48,
Irrigation Water Delivery Districts, when the majority of the lot or parcel owners entitled
to or capable of receiving irrigation water from the same system want irrigation water
delivered to their lands, they may propose the organization of an Irrigation Water
Delivery District (IWDD). Maricopa County requires that applicants for an IWDD within
process of forming or re-establishing a district.

If approved by the City Council, landowning neighbors seeking an IWDD will complete
a special taxation impact statement and submit this document to the Maricopa County
Board of Supervisors. The Board of Supervisors, along with Salt River Project (SRP),
will decide if a petition to organize an IWDD may be circulated. See Attachment A for
the Consent from SRP to the Board of Supervisors.

This request has been reviewed by the Street Transportation and Water Services
departments.

Financial Impact
This action has no financial impact to the City of Phoenix.

Public Outreach
On July 21, 2020, the City received a formal written request from City of Phoenix
resident Chuck Pence, representative for the Janet Rose neighborhood, to pursue City
Council approval to form an IWDD with Maricopa County (Attachment B).



Page 122


Location
The proposed IWDD includes the single-family residential properties bounded by
Berridge Lane to the south, Rose Lane to the north, 12th Street to the west and 16th
Street to the east.
Council District: 6

Responsible Department
This item is submitted by Deputy City Managers Mario Paniagua and Karen Peters,
and the Street Transportation and Water Services departments.




Page 123
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Page 125
Attachment B - Request Letter and Map Submitted by Janet Rose


To: City of Phoenix
CC: Salt River Project
Tuesday, July 21, 2020

From: Chuck Pence
RE: Request for Formation of Irrigation Water Delivery District


Dear City of Phoenix


We as a neighborhood Janet Rose, are requesting consent to form an Irrigation Water
Delivery District (IWDD) from the City of Phoenix. The purpose of an IWDD is to create an
equitable distribution of costs associated with the use and maintenance of the private
neighborhood irrigation system. This is accomplished using an annual Maricopa County
property assessment. We are asking the City of Phoenix to pass this request of resolution,
authorizing the formation of Janet Rose IWDD .

Enclosed you will find Salt River Projects approval along with maps of the proposed district
and the homeowner list. I will be the representative for the proposed IWDD. Once we
receive approval from the City of Phoenix, an Impact Statement to form will be sent to the
Maricopa County Board of Supervisors to move the process forward. We appreciate your
attention to this request. For questions please contact me at the number below.

Sincerely,

Chuck Pence
d1414 E Berridge Lane
Phoenix, AZ 85104
candgfromaz@yahoo.com
602-277-8287




Page 126



Report

Salt River Project Construction Services Contract for Relief Sewer Project: Van
Buren and 52nd Streets - WS90500295 (Ordinance S-47943)

Request to authorize the City Manager, or his designee, to enter into a Construction
Services Contract with Salt River Project to temporarily disconnect facilities and
provide construction access to the City for installation of a new sewer line. Further
request to grant an exception pursuant to Phoenix City Code 42-20 to authorize
inclusion in the documents pertaining to this transaction of indemnification and
assumption of liability provisions that otherwise would be prohibited by Phoenix City
Code 42-18. Additionally, request to authorize the City Controller to disburse all funds
related to this item. The total value of the contracts will not exceed $14,179.40.

Summary
The City is constructing a new sewer line on Van Buren Street from 52nd Street to
Galvin Parkway and construction activity will be taking place in close proximity to
existing streetlights. For safety purposes, Salt River Project (SRP) will temporarily
disconnect overhead streetlights and provide temporary lighting for the duration of the
disconnect. The total cost of work for the Construction Services Contract is
$14,179.40. This work is in conjunction with City Project WS90500295 Relief Sewer
Project; Van Buren and 52nd streets.

Contract Term
The term of the contract will begin late August 2021 and will expire when the
streetlights are reinstalled and reenergized.

Financial Impact
Funding in the amount of $14,179.40 is available in the Water Services Department
Capital Improvement Program budget.

Location
Van Buren Street: 52nd Street to Galvin Parkway.
Council District: 6




Page 127

Responsible Department
This item is submitted by Deputy City Managers Mario Paniagua and Karen Peters,
and the Street Transportation and Water Services departments.




Page 128



Report

Request to Enter into Development Agreement with Chamberlain Development,
L.L.C. to Construct New Sanitary Sewer Line (Ordinance S-47946)

Request to authorize the City Manager, or his designee, to enter into a Development
Agreement with Chamberlain Development, L.L.C. for the design and construction of a
new sanitary sewer line. Further request to authorize the City Controller to disburse all
funds related to this item. The total agreement value will not exceed $410,000.

Summary
Chamberlain Development, L.L.C. is proposing to develop the northeast corner of 59th
Avenue and Lower Buckeye Road. The development was stipulated to extend a public
sewer main from approximately 500 feet south of the intersection to the north side of
Lower Buckeye Road.

The Development Agreement will provide for Chamberlain Development, L.L.C. to
fund, design and construct the new sanitary sewer main extension. The new sanitary
sewer main is estimated to cost between $369,000 to $410,000 and is eligible for
impact fee reimbursement. Upon completion of the project and the City’s acceptance,
the City will reimburse Chamberlain Development, L.L.C. for the actual design and
construction costs, but not to exceed $410,000. To successfully receive
reimbursement, Chamberlain Development, L.L.C. agrees to select an engineer and a
contractor in compliance with the Arizona Revised Statute Title 34 requirements. This
public sewer line is a part of the regional wastewater infrastructure planned in the 2020
Infrastructure Improvement Plan by the Water Services Department, and this
agreement will accelerate construction of the project.

Contract Term
The agreement term will not exceed a five-year period.

Financial Impact
The City will reimburse the actual sanitary sewer line improvement cost, but not to
exceed $410,000.

Funding for this project is available in the Water Services Department’s Impact Fee
Fund budget.


Page 129


Location
Intersection of 59th Avenue and Lower Buckeye Road
Council District: 7

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




Page 130



Report

Watershed Erosion Model and Simulation for Munds Draw Watershed
(Ordinance S-47959)

Request to authorize the City Manager, or his designee, to enter into a cost sharing
agreement with the Salt River Valley Water Users' Association and the Salt River
Project Agricultural Improvement and Power District to share the costs to develop a
Watershed Erosion Model and simulate results using the model for the Munds Draw
Watershed to project the effectiveness and benefits of potential erosion control
measures to address dam sedimentation. Further request to authorize the City
Controller to disburse all funds related to this item. The total cost of this agreement will
not exceed $23,760.

Summary
Salt River Project Agricultural Improvement and Power District (SRP) has constructed
two dams on the Verde River, known as Bartlett Dam and Horseshoe Dam, which are
operated and used by SRP to provide, develop, and distribute the supply of water
conserved by the dams to its members. The City, through a series of agreements with
SRP and the federal government, funded construction of gates and other facilities in
the spillway at Horseshoe Dam which allowed the City to obtain its own distinct
storage rights behind Horseshoe Dam. The agreements among SRP, the City and the
federal government recognize that sedimentation behind the dams would result in loss
of water storage capacity, negatively impacting all. Thus, both SRP and the City have
an interest in minimizing erosion in the Verde River Basin that causes sedimentation
behind the dams.

Munds Draw Watershed (MDW) is in the Upper Verde River Basin. Recent studies of
the MDW classify it as Functioning at Risk, and a goal has been established to move it
to Proper Functioning within a six-year time frame. To achieve this objective, the City
and SRP wish to share the costs to develop a Watershed Erosion Model (WEM) that
can assist in projecting the effectiveness and benefits of potential erosion control
measures.

The total cost estimate for the WEM Development and Simulation is approximately
$90,000, plus a 10 percent contingency, for a total of $99,000. The City's share of the


Page 131

costs will be proportional to the City's reduced storage capacity behind Horseshoe
Dam due to silt sedimentation, as specified by the agreement between the Salt River
Valley Water Users' Association and the City of Phoenix dated Nov. 22,1946. That
proportion is 24 percent.

Contract Term
The agreement will terminate once the WEM Development and Simulation has been
completed, or until total costs meet $99,000, whichever occurs first.

Financial Impact
The value of the City's share of the agreement will not exceed $23,760.

Funding for this agreement is available in the Water Services Department's Capital
Improvement Program budget.

Location
Munds Draw Watershed
Council District: Out of City

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




Page 132



Report

Final Plat - Norterra PUD Parcel 19 - PLAT 210021 - North of Happy Valley Road
and East of Norterra Parkway

Plat: 210021
Project: 15-3108
Name of Plat: Norterra PUD Parcel 19
Owner: US Relp Norterra East I, LLC
Engineer: Thomas R. Gettings, RLS
Request: A 59 Lot Subdivision Residential Plat
Reviewed by Staff: Aug. 13, 2021
Final Plat requires Formal Action Only

Summary
Staff requests that the above plat be approved by the City Council and certified by the
City Clerk. Recording of the plat dedicates the streets and easements as shown to the
public.

Location
Generally located north of Happy Valley Road and east of Norterra Parkway.
Council District: 1

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




Page 133



Report

Final Plat - Cabana Happy Valley - PLAT 210047 - East of 19th Avenue and South
of Happy Valley Road

Plat: 210047
Project: 20-1746
Name of Plat: Cabana Happy Valley
Owner: Cabana Happy Valley, LLC
Engineer: Jason A Segneri, RLS
Request: A 1 Lot Commercial Plat
Reviewed by Staff: Aug. 16, 2021
Final Plat requires Formal Action Only

Summary
Staff requests that the above plat be approved by the City Council and certified by the
City Clerk. Recording of the plat dedicates the streets and easements as shown to the
public.

Location
Generally located east of 19th Avenue and south of Happy Valley Road.
Council District: 1

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




Page 134



Report

Final Plat - 11th Ave & Coolidge St - PLAT 210057 - 11th Avenue and Coolidge
Street

Plat: 210057
Project: 18-1824
Name of Plat: 11th Ave & Coolidge St
Owner: 777 W. Coolidge, LLC
Engineer: Paul M. Miller, RLS
Request: A 1 Lot Commercial Plat
Reviewed by Staff: Aug. 16, 2021
Final Plat requires Formal Action Only

Summary
Staff requests that the above plat be approved by the City Council and certified by the
City Clerk. Recording of the plat dedicates the streets and easements as shown to the
public.

Location
Generally located at 11th Avenue and Coolidge Street.
Council District: 4

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




Page 135



Report

Final Plat - Fraternity Homes - PLAT 190007 - Southwest Corner of 29th Avenue
and Augusta Avenue

Plat: 190007
Project: 18-728
Name of Plat: Fraternity Homes
Owner(s): Don and Lina Bui
Engineer: Stephen Shearrow, RLS
Request: A 10 Lot Residential Plat
Reviewed by Staff: Aug. 6, 2021
Final Plat requires Formal Action Only

Summary
Staff requests that the above plat be approved by the City Council and certified by the
City Clerk. Recording of the plat dedicates the streets and easements as shown to the
public.

Location
Generally located at the southwest corner of 29th Avenue and Augusta Avenue.
Council District: 5

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




Page 136



Report

Final Plat - Earll 18 Homes - PLAT 210027 - Southwest Corner of 37th Street and
Earll Drive

Plat: 210027
Project: 19-4054
Name of Plat: Earll 18 Homes
Owner: Russell P. Black, P.L.L.C.
Engineer: USA Infrastructure, LLC
Request: An 18 Lot Residential Plat
Reviewed by Staff: Aug. 16, 2021
Final Plat requires Formal Action Only

Summary
Staff requests that the above plat be approved by the City Council and certified by the
City Clerk. Recording of the plat dedicates the streets and easements as shown to the
public.

Location
Generally located at the southwest corner of 37th Street and Earll Drive.
Council District: 8

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




Page 137



Report

Abandonment of Right-of-Way Easement - ABND 210020 - 4430 North Arcadia
Lane (Resolution 21958)

Abandonment: ABND 210020
Project: 00-1490
Applicant: James Bell
Request: To abandon the 22-foot wide right-of-way easement along the north side of
4430 North Arcadia Lane, APN 172-30-001B.
Date of Decision/Hearing: July 8, 2021

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

Location
4430 North Arcadia Lane
Council District: 6

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




Page 138



Report

Modification of Stipulation Request for Ratification of Aug. 18, 2021 Planning
Hearing Officer Action - PHO-2-21--Z-63-05-8 - Approximately 820 Feet East of
the Northeast Corner of 24th Street and Baseline Road

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 Aug. 18, 2021. This ratification requires formal
action only.

Summary
Application: PHO-2-21--Z-63-05-8
Existing Zoning: C-1 BAOD
Acreage: 4.17

Applicant: Cassandra Ayres, Beus Gilbert McGroder
Owner: Vahik Sahakian
Representative: Paul Gilbert, Beus Gilbert McGroder

Proposal:
1. Modification of Stipulation 1 regarding general conformance to the site plan and
elevations date stamped Feb. 19, 2016.
2. Deletion of Stipulation 2 regarding maximum one access point on 25th Street.
3. Deletion of Stipulation 3 regarding cross access to the commercial site to the west.

Concurrence/Previous Council Action
Village Planning Committee (VPC) Recommendation: The South Mountain Village
Planning Committee heard this case on July 13, 2021 and recommended denial as
filed and approval with modifications, by a 10-2-1 vote.
Planning Hearing Officer Recommendation: The Planning Hearing Officer heard this
case on Aug. 18, 2021, and recommended approval with a modification and additional
stipulation. Please see Attachment A for a complete list of the Planning Hearing
Officer's recommended stipulations.

Location
Approximately 820 feet east of the northeast corner of 24th Street and Baseline Road


Page 139

Council District: 8
Parcel Address: N/A

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




Page 140
Attachment A- Stipulations- PHO-2-21--Z-63-05-8

Location: Approximately 820 feet east of the northeast corner of 24th Street and
Baseline Road

Stipulations:

1. That the subject property shall be developed THE DEVELOPMENT SHALL BE in
general conformance to WITH the site plan and elevations date stamped MAY 26,
2021 February 19, 2016, as modified by the following stipulations and as
approved by the Planning and Development Department.

2. That the subject property be developed with only one access on 25th Street as
approved by the Planning and Development Department.

3. That the developer provide one point of cross access from the subject property
to the commercial site located to the west of the site, as approved by the
Planning and Development Department.

2. DRIVE-THROUGHS SHALL BE SCREENED FROM VIEW OF PUBLIC RIGHTS-
OF-WAY AND RESIDENTIAL USES WITH A LANDSCAPED BERM OR A
COMBINATION OF A WALL AND LANDSCAPED BERM AT LEAST FOUR FEET
IN HEIGHT, AS APPROVED BY THE PLANNING AND DEVELOPMENT
DEPARTMENT.

3. That Prior to site plan approval, the property owner shall record documentation
4. that discloses to purchasers of property within the development the existence and
operational characteristics of Sky Harbor International Airport. The form and
content of such documents shall be reviewed and approved by the City Attorney.

4. That The developer SHALL provide a 10-foot wide multi-use trail with a 30-foot
5. trail easement along the north side of Baseline Road, as approved by the Planning
and Development Department.

5. That Right-of-way totaling 60-feet and a 20-foot sidewalk/trail easement shall be
6. dedicated for the north half of Baseline Road, as approved by the Planning and
Development Department.

6. That A 21-foot by 21-foot right-of-way triangle shall be dedicated at the northwest
7. corner of 24th Street and Baseline Road, as approved by the Planning and
Development Department.

7. That The developer shall construct all streets adjacent to the development with
8. paving, curb, gutter, sidewalk, curb ramps, streetlights, landscaping, and other
incidentals as per plans approved or modified by the Planning and Development
Department. All improvements shall comply with all ADA accessibility standards.

8. That All perimeter walls shall consist of 3-feet block and 3-feet wrought iron, as
9. approved or modified by the Planning and Development Department.



Page 141
9. Prior to preliminary site plan approval, the landowner shall execute a Proposition
10. 207 waiver of claims in a form approved by the City Attorney’s Office. 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.




Page 142



Report

Amend City Code - Ordinance Adoption - Rezoning Application PHO-2-21--Z-105-
07-1 - Approximately 300 Feet South of the Southeast Corner of 43rd Avenue and
Old West Trail (Ordinance G-6892)

Request to authorize the City Manager, or his designee, to approve the Planning
Hearing Officer's recommendation without further hearing by the City Council on
matters heard by the Planning Hearing Officer on Aug. 18, 2021.

Summary
Application: PHO-2-21--Z-105-07-1
Existing Zoning: C-2
Acreage: 16.91

Applicant: Ed Bull, Burch & Cracchiolo, P.A.
Owner: Desert Hill Unlimited LLC
Representative: Ed Bull, Burch & Cracchiolo, P.A.

Proposal:
1. Modification of Stipulation 1 regarding PHO approval of site plans and elevations.
2. Modification of Stipulation 3 regarding street improvements.

Concurrence/Previous Council Action
Village Planning Committee (VPC) Recommendation: The Rio Vista Village Planning
Committee heard this case on Aug. 10, 2021 and recommended approval, by a vote of
4-2-1.
PHO Action: The Planning Hearing Officer heard this case on Aug. 18, 2021 and
recommended approval with a modification and an additional stipulation. See
Attachment A for the full list of Planning Hearing Officer recommended stipulations.

Location
Approximately 300 feet south of the southeast corner of 43rd Avenue and Old West
Trail
Council District: 1
Parcel Address: N/A



Page 143

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




Page 144
ATTACHMENT A

THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE
FINAL, ADOPTED ORDINANCE




ORDINANCE G-

AN ORDINANCE AMENDING THE STIPULATIONS APPLICABLE TO
REZONING APPLICATION Z-105-07-1 PREVIOUSLY APPROVED BY
ORDINANCE G-6238.

____________



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

follows:

SECTION 1. The zoning stipulations applicable located approximately

300 feet south of the southeast corner of 43rd Avenue and Old West Trail in a

portion of Section 10, Township 6 North, Range 2 East, as described more

specifically in Attachment “A”, are hereby modified to read as set forth below.

STIPULATIONS:

1. THE DEVELOPMENT SHALL BE IN GENERAL CONFORMANCE WITH THE
SITE PLAN DATE STAMPED AUGUST 13, 2021 AND ELEVATIONS DATE
STAMPED JUNE 4, 2021, AS MODIFIED BY THE FOLLOWING
STIPULATIONS AND AS APPROVED OR MODIFIED BY THE PLANNING
AND DEVELOPMENT DEPARTMENT.

That conceptual site plan(s) and elevations for each phase shall be approved by
the Planning Hearing Officer through the public hearing process prior to
Planning and Development Department preliminary site plan approval. The site
plan and elevation submitted for the Phase I (Goodwill store) shall be in general
conformance to site plan and elevations date stamped October 19, 2016. This
review is for conceptual purposes only. Specific development standards and
requirements will be determined by the Planning and Development Department.
The site plan(s) and elevations shall include the following:




Page 145
a. Elevations which provide architectural consistency in building mass and
style, wall treatments, lighting and signage.

b. Building and wall colors shall be muted and blend rather than contrast
strongly with the surrounding desert environment. Reflective materials shall
not be used. Accent colors may be appropriate but shall be used judiciously
and with restraint.

c. Drive-thru facilities shall be oriented so that drive-thru windows are not
visible from adjacent public streets.

d. Landscaping, arcades or overhangs which provide shaded walkways shall
be utilized.

e. Special consideration shall be given to site design in the event residential
uses are proposed to adequately mitigate the impacts of the proximity to
Interstate 17, such as innovative site design, increased setbacks, sound
barriers, and increased landscaping.

f. An architectural plan shall be approved with the elevations for each phase.
The architectural plan shall convey a sense of continuity throughout the
development and at a minimum include the following:

i) Stone detail of rock, stone veneer, stonework or faux stone shall be
incorporated into the design of building elevations.

ii) Architectural detailing such as recesses, pop outs, shade walls,
parapets, artistic insets, or pilasters.

iii) Street appurtenances such as benches, seat walls, ramadas, shade
structures, trash enclosures, lighting and wayfinding signage shall be
provided for subsequent phases of this development.

iv) Detail sections for screening and perimeter walls as well as walls
interior to the site, said walls shall be designed and finished with
materials similar to those of the building’s architectural detailing.

2. That 55 feet of right-of-way shall be dedicated for the east half of 43rd Avenue
as approved by the Planning and Development Department.

3. That The developer shall construct all drive aisles within and the development
with paving, curb, gutter, sidewalk, curb ramps, streetlights, median islands,
landscaping and other incidentals in a phased manner as per plans approved
or modified by the Street Transportation and Planning and Development
Departments. Street improvements along 43rd Avenue, except for the required
driveway entrance and required temporary roadway tapers, may occur at any
time, but are not required until such time the portion of the property adjacent to
43rd Avenue is developed for end users.




Page 146
4. THE DEVELOPER SHALL SUBMIT A TRIP GENERATION STATEMENT TO
THE STREET TRANSPORTATION DEPARTMENT TO DETERMINE THE
PROPORTIONATE ESCROW FUNDING FOR MODIFICATIONS OF THE
TRAFFIC SIGNAL AT 43RD AVE AND ANTHEM WAY.

5. The applicant shall submit a Traffic Impact Study to the Street Transportation
4. Department and the Planning and Development Department prior to
preliminary site plan review. The applicant shall be responsible for any
dedications and required improvements as recommended by the approved
traffic study, as approved by the Planning and Development Department and
the Street Transportation Department.

6. The applicant shall complete and submit the Developer Project Information
5. Form for the MAG Transportation Department. This form is a requirement of
the EPA to meet clean air quality requirements.

ARCHAEOLOGY

7. That The developer shall submit an archaeological survey report of the
6. development area for review and approval by the City Archaeologist prior to
clearing and grubbing, landscape salvage, and/or grading approval. Further
archaeological monitoring and/or testing (trenching) may be necessary based
on the results of the survey.



SECTION 2. Due to the site’s specific physical conditions and the use

district granted pursuant to Ordinance G-6238, this portion of the rezoning is now

subject to the stipulations approved pursuant to Ordinance G-6238 and as modified

in Section 1 of this Ordinance. Any violation of the stipulation is a violation of the City

of Phoenix Zoning Ordinance. Building permits shall not be issued for the subject

site until all the stipulations have been met.

SECTION 3. If any section, subsection, sentence, clause, phrase or

portion of this ordinance is for any reason held to be invalid or unconstitutional by

the decision of any court of competent jurisdiction, such decision shall not affect the

validity of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 15th day of

September, 2021.



Page 147
________________________________
MAYOR



ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Ed Zuercher City Manager


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




Page 148
EXHIBIT A

LEGAL DESCRIPTION FOR PHO-2-21-- Z-105-07-1

A portion of the southwest quarter of Section 10, Township 6 North, Range 2 East,
of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; more
particularly described as:

Lots 2, 3, 4 and Tract A, of DESERT HILLS ANTHEM ADDITION, according to the
plat recorded in Book 1341 of Maps, Page 1, records of Maricopa County, Arizona;
EXCEPT all coal and other minerals as reserved in the Patent to said land recorded
in Docket 1714, Page 432, records of Maricopa County, Arizona.




Page 149
Page 150



Report

Amend City Code - Ordinance Adoption - Rezoning Application PHO-2-21--Z-59-
08-3 - Northeast Corner of 19th Avenue and Cactus Road (Ordinance G-6893)

Request to authorize the City Manager, or his designee, to approve the Planning
Hearing Officer's recommendation without further hearing by the City Council on
matters heard by the Planning Hearing Officer on Aug. 18, 2021.

Summary
Application: PHO-2-21--Z-59-08-3
Existing Zoning: C-2 HGT/WVR DNS/WVR
Acreage: 8.76

Applicant: Phoenix Rehab Campuses
Owner: Palombo-Bell LLC
Representative: Ryan Mahar P.E.

Proposal:
1. Modification of Stipulation 1 regarding general conformance to the site plan date
stamped July 2, 2010.
2. Deletion of Stipulation 1.b regarding multifamily unit density.
3. Modification of Stipulation 3 regarding maximum height of assisted living and
independent living facilities.
4. Technical corrections to Stipulations 2.a, 2.b, 4, 5 and 7.a.

Concurrence/Previous Council Action
Village Planning Committee (VPC) Recommendation: The North Mountain Village
Planning Committee opted not to hear this request.
PHO Action: The Planning Hearing Officer heard this case on Aug. 18 , 2021 and
recommended denial as filed and approval with a modification and additional
stipulations. See Attachment A for the full list of Planning Hearing Officer
recommended stipulations.

Location
Northeast corner of 19th Avenue and Cactus Road
Council District: 3


Page 151

Parcel Address: 12425 N. 19th Ave.

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




Page 152
ATTACHMENT A

THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE
FINAL, ADOPTED ORDINANCE




ORDINANCE G-

AN ORDINANCE AMENDING THE STIPULATIONS APPLICABLE TO
REZONING APPLICATION Z-59-08-3 PREVIOUSLY APPROVED BY
ORDINANCE G-5548.

____________



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

follows:

SECTION 1. The zoning stipulations applicable located at the

northeast corner of 19th Avenue and Cactus Road in a portion of Section 13,

Township 3 North, Range 2 East, as described more specifically in Attachment “A”,

are hereby modified to read as set forth below.

STIPULATIONS:

1. That The C-2 portion of the development shall be in general conformance to
WITH the site plan date stamped AUGUST 13, 2021 July 2, 2010, as
approved by the Planning and Development Services Department, AND with
specific regard to:

a. Pedestrian linkages between buildings on site, to the adjacent
commercial property, and to the transit stop on 19th Avenue.

b. The number of multifamily units shall not exceed 26 dwelling units per
acre.

2. That All structures on the C-2 and R1-10 portions of the site shall have
buildings which:




Page 153
a. Possess a color palette similar to the adjacent hillside area of Shaw
Butte, as approved by the Planning and Development Services
Department.

b. Have materials and finishes similar of the adjacent hillside area of Shaw
Butte, as approved by the Planning and Development Services
Department.

3. That The maximum height of the assisted living and independent living
facilities in the C-2 portion of the site shall not exceed 3 stories, 40 feet, as
approved by the Planning and Development Services Department.

4. That Any exposed cut slopes, retaining walls or disturbance of the hillside area
shall be stained or treated to blend with the surrounding natural desert, as may
be approved by the Planning and Development Services Department.

5. That Disturbed areas of the site shall be revegetated with plant materials
similar to the plant palette of the surrounding area, as approved by the
Planning and Development Services Department.

6. That The two billboards on the site shall be removed prior to the issuance of
building permits.

7. Streets

a. That Unless an abandonment is granted for the south portion of Cactus
Road, right-of-way totaling 30 feet shall be dedicated for the north half of
Cactus Road to match the south half (cul-de-sac), as approved or
modified by the Planning and Development Services Department.

b. That Right-of-way totaling 65 feet shall be dedicated for the east half of
19th Avenue.

c. IF ACCESS IS PROPOSED TO CACTUS ROAD, THE DEVELOPER
SHALL SUBMIT A TRAFFIC SIGNAL MODIFICATION FOR THE
INTERSECTION OF 19TH AVENUE AND CACTUS ROAD AS
APPROVED BY THE STREET TRANSPORTATION DEPARTMENT.
THE DEVELOPER SHALL BE RESPONSIBLE FOR THE
INTERSECTION (STREET TYPE ACCESS), ADA, AND TRAFFIC
SIGNAL MODIFICATIONS NEEDED TO ACTIVATE THE EAST SIDE
OF THE INTERSECTION, AS APPROVED OR MODIFIED BY THE
STREET TRANSPORTATION DEPARTMENT.

d. That The developer shall construct all streets within and adjacent to the
c. development with paving, curb, gutter, sidewalk, curb ramps,
streetlights, landscaping and other incidentals as per plans approved by
the City. Any existing improvements that do not comply with ADA
accessibility standards shall be replaced.




Page 154
8. That If any archaeological materials are encountered during construction, all
ground disturbing activity shall cease within 10 meters of the discovery and
the City Archaeology Office shall be notified and allowed time to properly
assess the materials.

9. PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE LANDOWNER
SHALL EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS IN A FORM
APPROVED BY THE CITY ATTORNEY'S OFFICE. 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.



SECTION 2. Due to the site’s specific physical conditions and the use

district granted pursuant to Ordinance G-5548, this portion of the rezoning is now

subject to the stipulations approved pursuant to Ordinance G-5548 and as modified

in Section 1 of this Ordinance. Any violation of the stipulation is a violation of the City

of Phoenix Zoning Ordinance. Building permits shall not be issued for the subject

site until all the stipulations have been met.

SECTION 3. If any section, subsection, sentence, clause, phrase or

portion of this ordinance is for any reason held to be invalid or unconstitutional by

the decision of any court of competent jurisdiction, such decision shall not affect the

validity of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 15th day of

September, 2021.




________________________________
MAYOR



ATTEST:




Page 155
_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Ed Zuercher City Manager



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




Page 156
EXHIBIT A

LEGAL DESCRIPTION FOR PHO-2-21-- Z-59-08-3

The land referred to herein below is situated in the county of Maricopa, State of
Arizona, and is described as follows.

A portion of the southeast quarter of section 13, township 3 north, range 2 east and
GLO Lot 4 of section 18, township 3 north, range 3 east of the Gila and Salt River
Base and Meridian. Maricopa County, Arizona, Described as follows.

Beginning at a found City of Phoenix brass cap in hand hole at the southwest corner
of said section 18 from which a found 1” iron pipe at the northwest corner of said GLO
Lot 4 bears N 00° 01’ 00” E, a distance of 1,322.93 feet.

Thence along the west line of said GLO Lot 4, said like also being the centerline of
19th avenue, N 00° 01’ 00” E, a distance of 373.09 feet to the beginning of line ‘A’ as
described in recording no. 85-452741, Records of Maricopa County, Arizona and to
the beginning of a curve;

Thence leaving said west line, continuing along said centerline and long said line ‘A’,
Northwesterly along said curve, having a radius of 954.93 feet, concave
southwesterly, through a central angle of 20° 08’ 53”, a distance of 335.8 feet, to the
curves end;

Thence N 20° 06’ 58” W, A distance of 315.28 feet;

Thence leaving said centerline and said line ‘A’, N 74° 11’ 56” E, a distance of 162.97
feet.

Thence S 81° 24’ 34” E, A distance of 116.38 feet;

Thence S 38° 01’ 34” E, A distance of 393.84 feet;

Thence S 07° 03’ 46” E, A distance of 234.68 feet;

Thence S 16° 18’ 43” E, A distance of 99.44 feet;

Thence S 00° 09’ 45” W, A distance of 385.39 feet, to a south line of said GLO Lot 4.

Thence along said south line, S 89° 50’ 35” W, A distance of 403.53 feet to the point
of beginning.

Excepting therefrom any portion of the above described land lying within 19th avenue,
as set forth in deed recorded in docket 13153, page 1263, a map recorded in book 8
of road maps, page 3 and pursuant to an amended final order of condemnation in
recording no 85-452741, records of Maricopa County, Arizona.




Page 157
Page 158



Report

Amend City Code - Ordinance Adoption - Rezoning Application PHO-1-21--Z-8-20
-5 - Approximately 220 Feet North of the Northeast Corner of 23rd Avenue and
West Royal Palm Road (Ordinance G-6895)

Request to authorize the City Manager, or his designee, to approve the Planning
Hearing Officer's recommendation without further hearing by the City Council on
matters heard by the Planning Hearing Officer on Aug. 18, 2021.

Summary
Application: PHO-1-21--Z-8-20-5
Existing Zoning: R-3A
Acreage: 3.24

Applicant: Kenneth Losch
Owner: Matthew R. Luxenberg Family Trust
Representative: Kenneth Losch

Proposal:
1. Modification of Stipulation 1.b regarding pedestrian pathways for units on 23rd
Avenue.
2. Deletion of Stipulation 1.c.i regarding front porches.
3. Deletion of Stipulation 1.c.ii regarding patios.
4. Deletion of Stipulation 3 regarding a detached sidewalk along 23rd Avenue.
5. Modification of Stipulation 3.a regarding trees along 23rd Avenue.
6. Modification of Stipulation 3.b regarding sidewalk tree shading.
7. Modification of Stipulation 4.i regarding lighting on a pedestrian thoroughfare.
8. Deletion of Stipulation 4.iii regarding landscaping along a pedestrian thoroughfare.
9. Deletion of Stipulation 6.a requiring a minimum 10 percent planting in the surface
parking area.
10. Deletion of Stipulation 6.d regarding landscape planters.

Concurrence/Previous Council Action
Village Planning Committee (VPC) Recommendation: The North Mountain Village
Planning Committee opted not to hear this request.
PHO Action: The Planning Hearing Officer heard this case on Aug. 18 , 2021 and


Page 159

recommended denial as filed and approval with modifications. See Attachment A for
the full list of Planning Hearing Officer recommended stipulations.

Location
Approximately 220 feet north of the northeast corner of 23rd Avenue and West Royal
Palm Road
Council District: 5
Parcel Address: 8125 N. 23rd Ave.

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




Page 160
ATTACHMENT A

THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE




ORDINANCE G-

AN ORDINANCE AMENDING THE STIPULATIONS APPLICABLE TO
REZONING APPLICATION Z-8-20-5 PREVIOUSLY APPROVED BY
ORDINANCE G-6725.

____________



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

follows:

SECTION 1. The zoning stipulations applicable located approximately

220 feet north of the northeast corner of 23rd Avenue and West Royal Palm Road in a

portion of Section 36, Township 3 North, Range 2 East, as described more specifically

in Attachment “A”, are hereby modified to read as set forth below.

STIPULATIONS:

1. For any subsequent phases of development beyond the adaptive reuse
of the building depicted on the site plan date stamped March 27, 2020, the
following stipulations shall apply, as approved or modified by the Planning and
Development Department:

a. The stipulations contained in Stipulation Nos. 2 through 15 shall also
apply to any subsequent phases of development.

b. CLEARLY DEFINED, ACCESSIBLE PEDESTRIAN PATHWAYS SHALL
BE PROVIDED TO CONNECT BUILDING ENTRANCES, SITE
AMENITIES, AND PUBLIC SIDEWALKS, USING THE MOST DIRECT
ROUTE FOR PEDESTRIANS, AS APPROVED OR MODIFIED BY THE
PLANNING AND DEVELOPMENT DEPARTMENT.




Page 161
All units adjacent to 23rd Avenue shall have an individual pedestrian
entrance oriented to the public street and be connected to the public
sidewalk by a direct pedestrian pathway.

c. All units adjacent to 23rd Avenue shall have a porch or patio, described
as follows and as approved by the Planning and Development
Department:

i. Porches shall have a minimum dimension of six feet in depth by a
width of no less than 50 percent of the total unit; be oriented to the
public right-of-way; have a unit entrance; and have a direct
pedestrian connection to the public sidewalk.

ii. Patios shall have a minimum dimension of eight feet in depth by a
width and a minimum size of 64 square feet; be enclosed on each
side by a low wall or fence not to exceed 36 inches in height; be
oriented to the public-right-of-way; have a unit entrance; and have a
direct pedestrian connection to the public sidewalk.

c. All garage doors shall be screened by buildings from the exterior of the
d. site and have decorative embellishments such as window panels, color
and added materials for the pillars surrounding the door.

2. All elevations of the buildings shall contain architectural embellishments and
detailing, such as textural changes, pilasters, offsets, recesses, variation in
window size and location, and/or overhang canopies.

3. The public sidewalk along 23rd Avenue shall be detached with a minimum 5-
foot-wide landscape area located between the sidewalk and back of curb and
planted to the following standards, as approved by the Planning and
Development Department. Where utility conflicts exist, the developer shall
work with the Planning and Development Department on alternative design
solutions consistent with a pedestrian environment.

a. Large canopy, single-trunk shade trees shall be placed 25 feet on center
or in equivalent groupings. Twenty-five percent of the required trees shall
be a minimum 4-inch caliper and 75 percent shall be a minimum 3-inch
caliper.

b. At tree maturity, the trees shall shade the sidewalk to a minimum 75
percent.

c. Drought tolerant shrubs and vegetative groundcovers with a maximum
mature height of 24 inches to provide a minimum of 75 percent live
coverage at maturity.

3. The developer shall provide a pedestrian thoroughfare between the public
4. sidewalk, and the required amenities contained in the first phase, as described
below and as approved by the Planning and Development Department.



Page 162
i. A bollard light path, or lighted art feature, AND/OR A SHADE CANOPY
WITH LIGHTING SHALL BE PROVIDED ALONG to accentuate the
entrance of the pedestrian thoroughfare from the intersection with the
public sidewalk.

ii. The pedestrian thoroughfare shall be shaded to a minimum 75 percent by
shade trees, vegetative trellis, and/or architectural shade. Trees shall be
a minimum 2-inch caliper.

iii. A minimum 5-foot-wide landscape area shall be provided along both
sides of the pedestrian thoroughfare. In areas where the pedestrian
thoroughfare passes between buildings, the landscape area may be
reduced to 3 feet in width (or 6 feet on one side only).

iii. A maximum of two drive aisle crossings shall be permitted and where
iv. crossings occur, the pathway shall be constructed to visually contrast
with the parking and drive aisle surfaces.

4. Surface parking shall be set back a minimum of 30-feet or screened 100
5. percent by buildings from 23rd Avenue, as approved by the Planning and
Development Department.

5. Surface parking areas shall include the below, as approved by the Planning and
6. Development Department.

a. A minimum 10 percent of the total surface parking and vehicular
circulation area shall be vegetated.

b. Landscape planters located at the end of each row of parking and
approximately every 100 linear feet.

c. Landscape planters shall be a minimum width of eight feet and a
minimum 120 square feet for a single row of parking, and a
minimum 240 square feet for a double row of parking.

d. Landscape planters shall be planted with minimum five-gallon drought
tolerant shrubs to achieve 75 percent ground cover. If trees are to be
included, they shall be minimum 2-inch caliper shade trees.

6. No solid perimeter wall greater than 36 inches in height, situated between the
7. plane of the buildings and the 23rd Avenue right of way, shall be permitted.

7. There shall be an average landscape setback of 25 feet measured from the
8. east property line with the minimum setback being 5 feet. The landscape
setback shall be planted with shade trees placed 20 feet on center or in
equivalent groupings with 25 percent of the trees being a minimum 4-inch
caliper and 75 percent being a minimum 3-inch caliper, as approved by the
Planning and Development Department.



Page 163
8. The developer shall incorporate bicycle infrastructure as described below and
9. as approved by the Planning and Development Department.

a. A bicycle repair station (“fix it station”) shall be provided and be
maintained near the southern-most vehicular access in an area of high
visibility, convenient pedestrian access, and available from the public
sidewalk.

b. "Secure/Covered Facilities" and/or "Outdoor/Covered Facilities" shall be
provided for residents at a rate of 0.25 spaces per dwelling unit, up to a
maximum of 50 spaces. Appropriate facilities are defined in Appendix K
or the Comprehensive Bicycle Master Plan.

c. Artistic style bicycle racks with capacity for a minimum of six bicycles for
guests shall be located near the primary entrance to the building depicted
on the site plan date stamped March 27, 2020. The artistic racks shall
adhere to the City of Phoenix Preferred Designs in Appendix K or the
Comprehensive Bicycle Master Plan, as approved by the Planning and
Development Department.

9. A minimum of 10 percent of the gross project shall be retained as open space,
10. exclusive of required landscape setbacks, which shall be shaded to a minimum
50 percent by minimum 2-inch caliper large canopy shade trees, as approved
by the Planning and Development Department.

10. The developer shall construct all streets within and adjacent to the
11. 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.

11. In the event archaeological materials are encountered during construction, the
12. 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.

12. Prior to preliminary site plan approval, the landowner shall execute a
13. 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.



SECTION 2. Due to the site’s specific physical conditions and the use

district granted pursuant to Ordinance G-6725, this portion of the rezoning is now

subject to the stipulations approved pursuant to Ordinance G-6725 and as modified in



Page 164
Section 1 of this Ordinance. Any violation of the stipulation is a violation of the City of

Phoenix Zoning Ordinance. Building permits shall not be issued for the subject site until

all the stipulations have been met.

SECTION 3. If any section, subsection, sentence, clause, phrase or

portion of this ordinance is for any reason held to be invalid or unconstitutional by the

decision of any court of competent jurisdiction, such decision shall not affect the validity

of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 15th day of September,

2021.




________________________________
MAYOR



ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Ed Zuercher City Manager




Page 165
Exhibits:
A - Legal Description (2 Pages)
B - Ordinance Location Map (1 Page)




Page 166
EXHIBIT A

LEGAL DESCRIPTION FOR PHO-1-21-- Z-8-20-5

PARCEL NO. 1
THAT PART OF PARCEL 8, OF LA MANCHA, ACCORDING TO THE PLAT OF
RECORD IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY,
ARIZONA, RECORDED IN BOOK 193 OF MAPS, PAGE 19, SITUATED WITHIN THE
FOLLOWING DESCRIBED PARCEL:

A PARCEL OF LAND SITUATED IN THE SOUTH HALF OF SECTION 36,
TOWNSHIP 3 NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:

COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 36;

THENCE NORTH 00 DEGREES 15 MINUTES 45 SECONDS EAST, 40.01 FEET;

THENCE NORTH 00 DEGREES 16 MINUTES 01 SECONDS EAST, 344.12 FEET TO
A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE SOUTHEASTERLY,
SAID CURVE HAVING A RADIUS OF 500.00 FEET AND A CENTRAL ANGLE OF 19
DEGREES 29 MINUTES 45 SECONDS;

THENCE ALONG SAID CURVE, 170.13 FEET TO A POINT OF TANGENCY;

THENCE NORTH 19 DEGREES 45 MINUTES 46 SECONDS EAST 101.06 FEET TO
A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE WESTERLY, SAID
CURVE HAVING A RADIUS OF 500.00 FEET AND A CENTRAL ANGLE OF 45
DEGREES 10 MINUTES 45 SECONDS;

THENCE ALONG SAID CURVE 257.72 FEET TO THE TRUE POINT OF BEGINNING;

THENCE CONTINUING ALONG SAID CURVE 136.53 FEET TO A POINT OF
TANGENCY;

THENCE NORTH 25 DEGREES 24 MINUTES 59 SECONDS WEST, 317.69 FEET;

THENCE NORTH 64 DEGREES 35 MINUTES 01 SECONDS EAST, 30.00 FEET TO
THE SOUTHWEST CORNER OF PARCEL 4, OF LA MANCHA, ACCORDING TO
THE PLAT OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF
MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 193 OF MAPS, PAGE 19;

THENCE SOUTH 89 DEGREES 44 MINUTES 15 SECONDS EAST, 316.19 FEET ON
THE SOUTH LINE OF PARCEL 4 TO THE SOUTHEAST CORNER OF SAID PARCEL
4;

THENCE CONTINUING SOUTH 89 DEGREES 44 MINUTES 15 SECONDS EAST,
23.81 FEET RECORD (23.84 FEET MEASURED);



Page 167
THENCE SOUTH 25 DEGREES 24 MINUTES 50 SECONDS EAST, 100.00 FEET;

THENCE SOUTH 09 DEGREES 38 MINUTES 26 SECONDS EAST, 171.82 FEET;

THENCE SOUTH 08 DEGREES 27 MINUTES 27 SECONDS EAST, 111.35 FEET;

THENCE SOUTH 22 DEGREES 07 MINUTES 25 SECONDS WEST, 76.57 FEET;

THENCE NORTH 85 DEGREES 20 MINUTES 13 SECONDS WEST 220.00 FEET;

THENCE SOUTH 80 DEGREES 13 MINUTES 43 SECONDS WEST, 30.00 FEET TO
THE TRUE POINT OF BEGINNING.




Page 168
Page 169



Report

Amend City Code - Ordinance Adoption - Rezoning Application PHO-1-21--Z-55-
13-5 - Southeast Corner of 23rd Avenue and El Caminito Drive (Ordinance G-
6894)

Request to authorize the City Manager, or his designee, to approve the Planning
Hearing Officer's recommendation without further hearing by the City Council on
matters heard by the Planning Hearing Officer on Aug. 18, 2021.

Summary
Application: PHO-1-21--Z-55-13-5
Existing Zoning: R-3A
Acreage: 4.98

Applicant: Kenneth Losch
Owner: Landon Lux Lofts LLC
Representative: Kenneth Losch

Proposal:
1. Modification of Stipulation 1 regarding site plan and elevations date stamped Nov.
19, 2013.

Concurrence/Previous Council Action
Village Planning Committee (VPC) Recommendation: The North Mountain Village
Planning Committee opted not to hear this request.
PHO Action: The Planning Hearing Officer heard this case on Aug. 18 , 2021 and
recommended approval with a modification. See Attachment A for the full list of
Planning Hearing Officer recommended stipulations.

Location
Southeast corner of 23rd Avenue and El Caminito Drive
Council District: 5
Parcel Address: 8221 N. 23rd Ave.




Page 170

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




Page 171
ATTACHMENT A

THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE
FINAL, ADOPTED ORDINANCE




ORDINANCE G-

AN ORDINANCE AMENDING THE STIPULATIONS APPLICABLE TO
REZONING APPLICATION Z-55-13-5 PREVIOUSLY APPROVED BY
ORDINANCE G-5888.

____________



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

follows:

SECTION 1. The zoning stipulations applicable located at the

southeast corner of 23rd Avenue and El Caminito Drive in a portion of Section 36,

Township 3 North, Range 2 East, as described more specifically in Attachment “A”,

are hereby modified to read as set forth below.

STIPULATIONS:

1. The development shall be in general conformance with the site plan and
elevations date stamped JULY 2, 2021 November 19, 2013, as approved by
the Planning and Development Department.

2. The applicant shall update all existing off-site street improvements (sidewalks,
curb ramps and driveways) that do not meet current ADA guidelines, as
approved by the Planning and Development Department.

3. That Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 Waiver of Claims in a form approved by the City Attorney’s
Office. 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.




Page 172
SECTION 2. Due to the site’s specific physical conditions and the use

district granted pursuant to Ordinance G-5888, this portion of the rezoning is now

subject to the stipulations approved pursuant to Ordinance G-5888 and as modified

in Section 1 of this Ordinance. Any violation of the stipulation is a violation of the City

of Phoenix Zoning Ordinance. Building permits shall not be issued for the subject

site until all the stipulations have been met.

SECTION 3. If any section, subsection, sentence, clause, phrase or

portion of this ordinance is for any reason held to be invalid or unconstitutional by

the decision of any court of competent jurisdiction, such decision shall not affect the

validity of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 15th day of

September, 2021.




________________________________
MAYOR



ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney


By:
_________________________
_________________________




Page 173
REVIEWED BY:


_________________________
Ed Zuercher City Manager



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




Page 174
EXHIBIT A

LEGAL DESCRIPTION FOR PHO-1-21-- Z-55-13-5

The land referred to herein below is situated in the county of Maricopa, State of
Arizona, and is described as follows.

Lot 4 of LA MANCHA, a subdivision of Maricopa County, Arizona, according to the
map of record in the Office of the Maricopa County Recorder in Book 193 of Maps
and Plats, at page 19. Located in the south half of Section 36, Township 3 North,
Range 2 East, Gila & Salt River Meridian, Maricopa County, Arizona.




Page 175
Page 176



Report

Amend City Code - Ordinance Adoption - Rezoning Application PHO-1-21--Z-43-
08-7 - Northwest Corner of 79th Avenue and Encanto Boulevard (Ordinance G-
6896)

Request to authorize the City Manager, or his designee, to approve the Planning
Hearing Officer's recommendation without further hearing by the City Council on
matters heard by the Planning Hearing Officer on Aug. 18, 2021.

Summary
Application: PHO-1-21--Z-43-08-7
Existing Zoning: C-2 HGT/WVR DNS/WVR
Acreage: 15.32

Applicant: Adam Baugh, Withey Morris PLC
Owner: 79th Avenue & Encanto LLC
Representative: Adam Baugh, Withey Morris PLC

Proposal:
1. Modification of Stipulation 1 regarding general conformance to the site plan date
stamped April 18, 2008.
2. Modification of Stipulation 2 regarding general conformance to the elevations date
stamped April 18, 2008.

Concurrence/Previous Council Action
Village Planning Committee (VPC) Recommendation: The Maryvale Village Planning
Committee heard this case on Aug. 11, 2021 and recommended approval with
additional stipulations, by a vote of 9-0.
PHO Action: The Planning Hearing Officer heard this case on Aug. 18, 2021 and
recommended approval with additional stipulations. See Attachment A for the full list
of Planning Hearing Officer recommended stipulations.

Location
Northwest corner of 79th Avenue and Encanto Boulevard
Council District: 7
Parcel Address: N/A


Page 177


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




Page 178
ATTACHMENT A

THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE




ORDINANCE G-

AN ORDINANCE AMENDING THE STIPULATIONS APPLICABLE TO
REZONING APPLICATION Z-43-08-7 PREVIOUSLY APPROVED BY
ORDINANCE G-5233.

____________



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

follows:

SECTION 1. The zoning stipulations applicable located at the northwest

corner of 79th Avenue and Encanto Boulevard in a portion of Section 35, Township 2

North, Range 1 East, as described more specifically in Attachment “A”, are hereby

modified to read as set forth below.

STIPULATIONS:

1. That The development shall be in general conformance to WITH the site plan
date stamped JUNE 18, 2021, April 18, 2008 with specific regard to the total
number of units and the location of the two and three-story units and with a
minimum 1,500 square foot swimming pool and the addition of a minimum 400
square foot children’s “splash area” with water jet features or a minimum 1,900
square foot swimming pool as approved or modified by the PLANNING AND
Development Services Department, AND WITH SPECIFIC REGARD TO:

a. THE MULTIFAMILY APARTMENT-STYLE UNITS ARE LIMITED TO A
MAXIMUM HEIGHT OF 35 FEET.

b. THE TOWNHOME UNITS ARE LIMITED TO A MAXIMUM HEIGHT OF
30 FEET.




Page 179
2. That The development shall be in general conformance to WITH the elevations
date stamped JUNE 18, 2021, April 18, 2008 as approved or modified by the
PLANNING AND Development Services Department.

3. THE DEVELOPER SHALL DEDICATE A MINIMUM OF 50 FEET OF RIGHT-
OF-WAY AND A MINIMUM 18-FOOT-WIDE PUBLIC SIDEWALK EASEMENT
ALONG THE WEST SIDE OF 79TH AVENUE, INCLUDING A MINIMUM 8-
FOOT WIDE DETACHED SIDEWALK, AS APPROVED BY THE PLANNING
AND DEVELOPMENT DEPARTMENT. THE STREETSCAPE ZONE SHALL
BE CONSISTENT WITH THE MARYVALE CORE PLAN “TRANSIT AVENUE
CROSS SECTION”.

4. THE DEVELOPER SHALL DEDICATE A MINIMUM OF 50 FEET OF RIGHT-
OF-WAY AND A MINIMUM 2-FOOT-WIDE PUBLIC SIDEWALK EASEMENT
ALONG THE NORTH SIDE OF ENCANTO BOULEVARD, CONSISTENT
WITH THE MARYVALE VILLAGE CORE PLAN, AND AS APPROVED BY
THE PLANNING AND DEVELOPMENT DEPARTMENT. THE
STREETSCAPE ZONE SHALL BE CONSISTENT WITH THE MARYVALE
CORE PLAN “BICYCLE AVENUE CROSS SECTION”.

5. THE DEVELOPER SHALL CONSTRUCT A MINIMUM 2-FOOT-WIDE
LANDSCAPE STRIP FROM THE EXISTING FACE OF CURB WITH AN
ADJACENT AT-GRADE, CONCRETE, MINIMUM 6-FOOT-WIDE ACTIVE
TRANSPORTATION PATH, AND AN ADJACENT MINIMUM 6-FOOT-WIDE
LANDSCAPE STRIP AND MINIMUM 8-FOOT WIDE DETACHED SIDEWALK
BEHIND THE ACTIVE TRANSPORTATION PATH ALONG THE NORTH SIDE
OF ENCANTO BOULEVARD, CONSISTENT WITH THE MARYVALE
VILLAGE CORE PLAN, AND AS APPROVED BY THE STREET
TRANSPORTATION DEPARTMENT.

6. THE DEVELOPER SHALL PROVIDE SHADE TREES ALONG BOTH SIDES
OF THE SIDEWALK TO ACHIEVE 75 PERCENT SHADE AT MATURITY, AS
APPROVED BY THE PLANNING AND DEVELOPMENT DEPARTMENT.

7. IRRIGATION FACILITIES ALONG 79TH AVENUE SHALL BE
UNDERGROUNDED AND RELOCATED OUTSIDE OF CITY EXISTING
AND/OR PROPOSED RIGHT-OF-WAY. CONTACT SRP TO IDENTIFY
EXISTING LAND RIGHTS AND ESTABLISH AN APPROPRIATE PROCESS
TO RELOCATE FACILITIES. RELOCATIONS THAT REQUIRE ADDITIONAL
DEDICATIONS OR LAND TRANSFER SHALL REQUIRE COMPLETION
PRIOR TO OBTAINING PLAT AND/OR CIVIL PLAN REVIEW APPROVAL.

8. 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.




Page 180
9. 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.

10. That In the event archaeological materials are encountered during
3. construction, the developer shall immediately cease all ground disturbing
activities within a 33-foot radius of that discovery, notify the City Archaeologist,
and allow time for the Archaeology Office to properly assess the materials.

11. PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE LANDOWNER
SHALL EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS IN A FORM
APPROVED BY THE CITY ATTORNEY'S OFFICE. 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.



SECTION 2. Due to the site’s specific physical conditions and the use

district granted pursuant to Ordinance G-5233, this portion of the rezoning is now

subject to the stipulations approved pursuant to Ordinance G-5233 and as modified in

Section 1 of this Ordinance. Any violation of the stipulation is a violation of the City of

Phoenix Zoning Ordinance. Building permits shall not be issued for the subject site until

all the stipulations have been met.

SECTION 3. If any section, subsection, sentence, clause, phrase or

portion of this ordinance is for any reason held to be invalid or unconstitutional by the

decision of any court of competent jurisdiction, such decision shall not affect the validity

of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 15th day of September,

2021.




________________________________



Page 181
MAYOR



ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Ed Zuercher City Manager



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




Page 182
EXHIBIT A

LEGAL DESCRIPTION FOR PHO-1-21--Z-43-08-7

A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 35,
TOWNSHIP 2 NORTH RANGE 1 EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA MORE PARTICULARLY DESCRIBED
AS FOLLOWS:

THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SAID SECTION 35;

EXCEPT THE WEST 197.90 FEET THEREOF;

AND EXCEPT THE FOLLOWING DESCRIBED PARCEL;

COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER
OF SAID SECTION 35;

THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 35, NORTH 00 DEGREES, 06 MINUTES, 47 SECONDS WEST, A
DISTANCE OF 439.92 FEET TO THE POINT OF BEGINNING;

THENCE DEPARTING SAID LINE, SOUTH 88 DEGREES, 04 MINUTES, 33
SECONDS WEST, A DISTANCE OF 33.54 FEET TO THE SOUTHEAST CORNER OF
THE PARCEL OF ACCORDING TO THE FINAL ORDER OF CONDEMNATION ON
FILE AT THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY,
ARIZONA, RECORDED IN DOCUMENT NUMBER 2009-0768333 ;

THENCE ALONG THE SOUTH LINE OF SAID PARCEL, SOUTH 88 DEGREES, 04
MINUTES, 33 SECONDS WEST, A DISTANCE OF 300.11 FEET TO THE
SOUTHWEST CORNER OF SAID PARCEL;

THENCE ALONG THE WEST LINE OF SAID PARCEL, NORTH 00 DEGREES, 23
MINUTES, 51 SECONDS WEST, A DISTANCE OF 220.06 FEET TO THE
NORTHWEST CORNER OF SAID PARCEL;

THENCE ALONG THE NORTH LINE OF SAID PARCEL, NORTH 88 DEGREES, 04
MINUTES, 33 SECONDS EAST, A DISTANCE OF 292.55 FEET TO THE
NORTHEAST CORNER OF SAID PARCEL;

THENCE ALONG THE NORTH LINE OF SAID PARCEL, NORTH 88 DEGREES, 04
MINUTES, 33 SECONDS EAST, A DISTANCE OF 42.19 FEET TO THE EAST LINE
OF THE NORTHWEST QUARTER OF SAID SECTION 35;

THENCE ALONG SAID LINE, SOUTH 00 DEGREES, 06 MINUTES, 47 SECONDS
EAST, A DISTANCE OF 220.09 FEET TO THE POINT OF BEGINNING.




Page 183
Page 184



Report

Amend City Code - Ordinance Adoption - Rezoning Application PHO-2-21--Z-45-
12-7 - Southwest Corner of 67th Avenue and Broadway Road (Ordinance G-6897)

Request to authorize the City Manager, or his designee, to approve the Planning
Hearing Officer's recommendation without further hearing by the City Council on
matters heard by the Planning Hearing Officer on Aug. 18, 2021.

Summary
Application: PHO-2-21--Z-45-12-7
Existing Zoning: C-2
Acreage: 14.72

Applicant: William E. Lally, Tiffany & Bosco P.A.
Owner: DNZ Holdings LLC
Representative: William E. Lally, Tiffany & Bosco P.A.

Proposal:
1. Modification of Stipulation 1 regarding general conformance with the site plans date
stamped Oct. 24, 2012 and Sept. 13, 2018.
2. Modification of Stipulation 2 regarding a minimum of 16 percent open space.
3. Modification of Stipulation 3 regarding a maximum of 140 lots.
4. Deletion of Stipulation 5 regarding a sidewalk/pedestrian path between pads.
5. Modification of Stipulation 14 regarding construction of streets.
6. Modification of Stipulation 16 regarding right-of-way and a bus pad on eastbound
Broadway Road west of 67th Avenue.

Concurrence/Previous Council Action
Village Planning Committee (VPC) Recommendation: The Estrella Village Planning
Committee opted not to hear this case.
PHO Action: The Planning Hearing Officer heard this case on Aug. 18 , 2021 and
recommended denial as filed and approval with modifications. See Attachment A for
the full list of Planning Hearing Officer recommended stipulations.

Location
Southwest corner of 67th Avenue and Broadway Road


Page 185

Council District: 7
Parcel Address: N/A

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




Page 186
ATTACHMENT A

THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE




ORDINANCE G-

AN ORDINANCE AMENDING THE STIPULATIONS APPLICABLE TO
REZONING APPLICATION Z-45-12-7 PREVIOUSLY APPROVED BY
ORDINANCE G-6516.

____________



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

follows:

SECTION 1. The zoning stipulations applicable located at the southwest

corner of 67th Avenue and Broadway Road in a portion of Section 25, Township 1

North, Range 1 East, as described more specifically in Attachment “A”, are hereby

modified to read as set forth below.

STIPULATIONS:

1. The development shall be in general conformance with the site plan date
stamped JUNE 24, 2021 October 24, 2012 for the commercial portion and
September 13, 2018 for the residential portion, as approved by the Planning
and Development Department.

2. A minimum of 16% 7% open space shall be provided, as approved by the
Planning and Development Department.

3. The maximum number of lots shall not exceed 140, as approved by the
Planning and Development Department.

3. All sidewalk crossings at the project entries or as shown on the site plan shall
4. be constructed of decorative pavers, stamped or colored concrete, or another
material different than the primary paving material, as approved by the
Planning and Development Department and Street Transportation Department.




Page 187
5. FOR COMMERCIAL DEVELOPMENT ONLY - A sidewalk/pedestrian path
constructed of decorative pavers, stamped or colored concrete, or another
material, other than those used to pave the parking surfaces and drive aisles,
shall be provided to allow pedestrian connections between shops A, B and C
to pads A, B, C and D, as approved by the Planning and Development
Department and Street Transportation Department.

4. All sidewalks shall be detached with a minimum five-foot wide landscaped strip
6. located between the sidewalk and back of curb and shall include a minimum of
20 feet on center or equivalent groupings along both sides of the sidewalk, as
approved by the Planning and Development Department. The landscape strip
shall be installed by the developer and maintained by the HOA.

5. The perimeter walls adjacent to Broadway Road and 67th Avenue shall include
7. material and textural differences, such as stucco and/or split face block with a
decorative element, as approved by the Planning and Development
Department.

6. The rear property line walls of lots number 61 through 69 shall consist of a
8. four-foot block wall with two feet additional view fencing, as approved by the
Planning and Development Department.

7. Drive through facilities shall be located a minimum 100 feet from any
9. residential district, as approved by the Planning and Development Department.

8. The residential development ground signs shall be monument style and not
10. exceed six feet in height, as approved by the Planning and Development
Department.

9. Right-of-way shall be dedicated and a bus bay (P1256-1) constructed at 67th
11. Avenue as approved by the Planning and Development Department.

10. Right-of-way totaling 55 feet shall be dedicated for the south half of Broadway
12. Road and construct improvements to a CM Section, as approved by the
Planning and Development Department.

11. Right-of-way totaling 50 feet shall be dedicated for the west half of 67th
13. Avenue and construct improvements to a D Section, as approved by the
Planning and Development Department.

12. The developer shall construct all streets within and adjacent to the
14. development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
median islands, landscaping and other incidentals as approved by the
Planning and Development Department. All improvements shall comply with all
ADA accessibility standards.

13. Complete a Red Border Letter to notify ADOT of development adjacent to its
15. freeway corridor and submit it to Alan Hilty in the Street Transportation




Page 188
Department 602-262-6193, with a copy to the Traffic Engineer and Civil Plans
Reviewer.

14. The right of way shall be dedicated and a bus stop pad constructed on
16. eastbound Broadway Road west of 67th Avenue. Final placement of bus stop
pad shall require approval from Public Transit Department. Bus stop pad shall
be compliant with City of Phoenix Standard Detail P1260 with a minimum
depth of 10 feet.

15. The right of way shall be dedicated and a bus stop pad constructed on
17. southbound 67th Avenue south of Broadway Road. Bus stop pad shall be
compliant with City of Phoenix Standard Detail P1260 with a minimum depth of
10 feet. Bus stop pad shall be placed from intersection of 67th Avenue and
Broadway Road according to City of Phoenix Standard Detail P1258.

16. PRIOR TO PRELIMINARY SITE PLAN APPROVAL, THE LANDOWNER
SHALL EXECUTE A PROPOSITION 207 WAIVER OF CLAIMS IN A FORM
APPROVED BY THE CITY ATTORNEY'S OFFICE. 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.



SECTION 2. Due to the site’s specific physical conditions and the use

district granted pursuant to Ordinance G-6516, this portion of the rezoning is now

subject to the stipulations approved pursuant to Ordinance G-6516 and as modified in

Section 1 of this Ordinance. Any violation of the stipulation is a violation of the City of

Phoenix Zoning Ordinance. Building permits shall not be issued for the subject site until

all the stipulations have been met.

SECTION 3. If any section, subsection, sentence, clause, phrase or

portion of this ordinance is for any reason held to be invalid or unconstitutional by the

decision of any court of competent jurisdiction, such decision shall not affect the validity

of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 15th day of September,

2021.




Page 189
________________________________
MAYOR



ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Ed Zuercher City Manager



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




Page 190
EXHIBIT A

LEGAL DESCRIPTION FOR PHO-2-21--Z-45-12-7

SAID PARCEL BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION
25; TOWNSHIP 1 NORTH; RANGE 1 EAST OF THE GILA AND SALT RIVER BASE
AND MERIDIAN; MARICOPA COUNTY, ARIZONA.

SAID PARCEL MORE THOROUGHLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 25, TOWNSHIP
1 NORTH; RANGE 1 EAST, SAID POINT BEING THE NORTHEAST CORNER OF
SAID PARCEL AND THE TRUE POINT OF BEGINNING;

THENCE SOUTH 00 DEGREES 07 MINUTES 28 SECONDS WEST, ALONG THE
EAST SIDE OF THE SUBJECT PARCEL, A DISTANCE OF 783.53 FEET TO THE
SOUTHEAST CORNER OF SAID PARCEL; THENCE SOUTH 89 DEGREES 52
MINUTES 32 SECONDS WEST, A DISTANCE OF 734.15 FEET; THENCE NORTH 41
DEGREES 36 MINUTES 45 SECONDS WEST, A DISTANCE OF 130.55 FEET;
THENCE NORTH 00 DEGREES 24 MINUTES 20 SECONDS WEST, A DISTANCE OF
694.67 FEET; THENCE SOUTH 89 DEGREES 16 MINUTES 33 SECONDS EAST,
DISTANCE OF 817.70 FEET TO THE NORTHEAST CORNER OF SAID PARCEL AND
THE TRUE POINT OF BEGINNING.




Page 191
Page 192



Report

Amend City Code - Ordinance Adoption - Rezoning Application PHO-1-21--Z-59-
18-8 - Approximately 615 Feet North of the Northwest Corner of 25th Street and
Baseline Road (Ordinance G-6898)

Request to authorize the City Manager, or his designee, to approve the Planning
Hearing Officer's recommendation without further hearing by the City Council on
matters heard by the Planning Hearing Officer on Aug. 18, 2021.

Summary
Application: PHO-1-21--Z-59-18-8
Existing Zoning: C-1 BAOD
Acreage: 0.80

Applicant: Cassandra Ayres, Beus Gilbert McGroder PLLC
Owner: Vahik Sahakian
Representative: Paul E. Gilbert, Beus Gilbert McGroder PLLC

Proposal:
1. Modification of Stipulation 1 regarding general conformance to the site plan date
stamped Aug. 21, 2018.
2. Deletion of Stipulation 1.a regarding access to amenities to the east.
3. Deletion of Stipulation 1.b regarding vehicular cross access to adjacent properties to
the east and south.
4. Deletion of Stipulation 3 regarding a conditional requirement to dedicate and
construct 25th Street.

Concurrence/Previous Council Action
Village Planning Committee (VPC) Recommendation: The South Mountain Village
Planning Committee heard this case on July 13, 2021 and recommended denial as
filed and approval with modifications, by a vote of 11-0-2.
PHO Action: The Planning Hearing Officer heard this case on Aug. 18 , 2021 and
recommended approval with a modification and an additional stipulation. See
Attachment A for the full list of Planning Hearing Officer recommended stipulations.




Page 193

Location
Approximately 615 feet north of the northwest corner of 25th Street and Baseline Road
Council District: 8
Parcel Address: 7402 S. 25th St.

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




Page 194
ATTACHMENT A

THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE




ORDINANCE G-

AN ORDINANCE AMENDING THE STIPULATIONS APPLICABLE TO
REZONING APPLICATION Z-59-18-8 PREVIOUSLY APPROVED BY
ORDINANCE G-6546.

____________



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

follows:

SECTION 1. The zoning stipulations applicable located approximately

615 feet north of the northwest corner of 25th Street and Baseline Road in a portion of

Section 35, Township 1 North, Range 3 East, as described more specifically in

Attachment “A”, are hereby modified to read as set forth below.

STIPULATIONS:

1. The development shall be in general conformance with the conceptual site plan
and elevation date stamped MAY 26, 2021 August 21, 2018, as may be
modified by the following stipulations for compliance with the canal bank design
guidelines in Section 507 Tab A of the Zoning Ordinance, and approved by the
Planning and Development Department., and with specific regard to the
following:

a. Pedestrian pathway to provide open public access to amenities on the
adjacent property to the east to be constructed of decorative pavers,
stamped or colored concrete, or another material, other than those used to
pave the parking surfaces and drive aisles.

b. Vehicular cross access to adjacent properties to the east and south, as
approved by the Planning and Development Department.




Page 195
2. Landscaping along the north property line shall be in conformance with the
Baseline Area Master Plan Plant List with specific regard to maximizing shade
and thermal comfort for pedestrians and active users along the canal, as
approved by the Planning and Development Department.

3. If the subject site develops as a stand-alone parcel and does not provide an
alternative street frontage to that existing along 25th Street, then the developer
shall be responsible for the dedication and construction of an offset cul-de-sac
bulb at the northern portion of 25th Street, south of the Western Canal, as
approved by the Planning and Development and Street Transportation
Department.

3. Any solid portion of a perimeter wall adjacent to the Western Canal shall not
4. exceed a maximum height of three feet, as approved by the Planning and
Development Department.

4. In the event archaeological materials are encountered during construction, the
5. 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.

5. The property owner shall record documents that disclose the existence and
6. operational characteristics of Sky Harbor International Airport (PHX) to future
owners or tenants of the property. The form and content of such documents shall
be according to the templates and instructions provided which have been
reviewed and approved by the City Attorney.

6. Prior to preliminary site plan approval, the landowner shall execute a Proposition
7. 207 waiver of claims in a form approved by the City Attorney's Office. 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.



SECTION 2. Due to the site’s specific physical conditions and the use

district granted pursuant to Ordinance G-6546, this portion of the rezoning is now

subject to the stipulations approved pursuant to Ordinance G-6546 and as modified in

Section 1 of this Ordinance. Any violation of the stipulation is a violation of the City of

Phoenix Zoning Ordinance. Building permits shall not be issued for the subject site until

all the stipulations have been met.

SECTION 3. If any section, subsection, sentence, clause, phrase or

portion of this ordinance is for any reason held to be invalid or unconstitutional by the



Page 196
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 15th day of September,

2021.




________________________________
MAYOR



ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Cris Meyer, City Attorney


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Ed Zuercher City Manager



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




Page 197
EXHIBIT A

LEGAL DESCRIPTION FOR PHO-1-21--Z-59-18-8

The North 100 feet of the following described property:

That portion of the Southwest quarter of Section 35, Township 1 North, Range 3 East
of the Gila and Salt River Base and Meridian, lying South of the Western Canal,
described as follows:

Beginning at a point of the South line of Section 35, Township 1 North, Range 3 East,
from which bears North 88 degrees, 30 Minutes, 30 Seconds East 736. 7 4 feet from
the Southwest corner thereof;

thence North 00 Degrees, 04 Minutes, West 787 .30 feet to the South line of the
Western Canal right of way;

Thence South 89 Degrees, 07 Minutes, East 278.74 feet along said Western Canal
right of way

Thence South 00 Degrees, 04 Minutes, East, 775.75 feet to the South line of said
Section 35;

Thence South 88 Degrees, 30 Minutes, 30,·seconds West 278.79 feet along said
Section.




Page 198
Page 199