For Approval or Correction, the Minutes of the Formal Meeting on Nov. 18, 2020

Summary
This item transmits the minutes of the Formal Meeting of Nov. 18, 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 Ginger Spencer and the City Clerk
Department.




Page 11



Report

to Boards and Commissions

Summary
This item transmits recommendations from the Mayor and Council for appointment or
reappointment to City Boards and Commissions.

Responsible Department
This item is submitted by the Mayor's Office.




Page 12
ATTACHMENT A




To: City Council Date: September 20, 2023
From: Mayor Kate Gallego

Subject: *REVISED BOARDS AND COMMISSIONS – APPOINTEES

The purpose of this memo is to provide recommendations for appointments to the following Boards
and Commissions:

Fire Safety Advisory Board

I recommend the following for appointment:

Derrick Morales
Mr. Morales is the Community Affairs Coordinator for QuikTrip and a resident of District 6. He fills a
Petroleum Industry vacancy for a term to expire September 20, 2027.

*North Gateway Village Planning Committee

Councilman Jim Waring recommends the following for appointment:

Chandra McCarty
Ms. McCarty is a Project Manager at EPS Group and a resident of District 2. She fills a vacancy for a
term to expire November 19, 2024.

*Paradise Valley Village Planning Committee

Councilman Jim Waring recommends the following for appointment:

Shawn Hoffman
Mr. Hoffman is a resident of District 2. He fills a vacancy for a term to expire November 19, 2024.
Phoenix Arts and Culture Commission

I recommend the following for appointment:

Melissa Acevedo
Ms. Acevedo is the Title X Program Manager at Mountain Park Health Center and a resident of
District 5. She fills a vacancy for a term to expire September 20, 2026.




Page 13
Bailey Cacciatore
Ms. Cacciatore is a Program Coordinator at Deer Valley Petroglyph Preserve and a resident of
District 1. She fills a vacancy for a term to expire September 20, 2026.

Sierra Ochoa
Ms. Ochoa is a Program Coordinator at the Arizona State University Art Museum and a resident of
District 2. She fills vacancy for a term to expire September 20, 2026.

Joe Rivera
Mr. Rivera is the Associate Director of Engagement at Thunderbird School of Global Management at
ASU and a resident of District 6. He fills a vacancy for a term to expire September 20, 2026.

Rehabilitation Appeals Board

I recommend the following for appointment:

Pam Duty
Ms. Duty is the English Department Chair at Phoenix College and a resident of District 8. She fills a
Neighborhoods vacancy for a term to expire September 20, 2026.

Sister Cities Commission

I recommend the following for appointment:

Sandy Casement
Ms. Casement is a Government Relations Advisor at Freeport-McMoRan and a resident of District 6.
She fills a vacancy for a term to expire September 20, 2026.

Sally Chen
Ms. Chen is an Attorney at SL Chen and Associates PLC. She fills a vacancy for a term to expire
September 20, 2026.

I recommend the following for reappointment:

Misty Cisneros-Contreras
Ms. Cisneros-Contreras will serve her first term to expire September 20, 2026.

Jennifer Doan-Richardson
Ms. Doan-Richardson will serve her second term to expire September 20, 2026.

Bruce Meyerson
Mr. Meyerson will serve his second term to expire September 20, 2026.

Karl Obergh
Mr. Obergh will serve his second term to expire September 20, 2026.




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Report

Liquor License - Shinme Cuisine

Request for a liquor license. Arizona State License Application 252850.

Summary

Applicant
Sheng Yu, Agent

License Type
Series 12 - Restaurant

Location
2855 W. Cactus Road, Ste. 2
Zoning Classification: C-1
Council District: 1

This request is for a new liquor license for a restaurant. This location was previously
licensed for liquor sales and may currently operate with an interim permit.

The 60-day limit for processing this application is Sept. 25, 2023.

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

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the
State of Arizona. This information is listed below and includes liquor license violations


Page 15

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.

Shinme Sushi (Series 12)
3020 S. Gilbert Road, Ste. 5, Chandler
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:
“With over 15 years of experience in the restaurant industry, i have gained a
comlrehensive Understanding of alcohol regulations, responsible service practices,
and the nuances of mangagijg an establishment that serves alcohol beverages.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Shinme Cuisine is designed to be a welcoming and responsible establishment that
caters to a diverse clientele. Our primary goal is to create a safe and enjoyable
environment for Patrins to socialize while adhering to the highest standards of alcohol
servicex We understand the significance of responsible alcohol consumption and will
imolement conprehensive training programs for our staff to ensure that all patrons are
setved in accordance with legal regulations and ethical guidelines.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Shinme Cuisine
Liquor License Map - Shinme Cuisine

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


Page 16
Liquor License Data: SHINME CUISINE
Liquor License

Description Series 1 Mile 1/2 Mile

Liquor Store 9 3 1

Beer and Wine Store 10 4 2

Hotel 11 1 0

Restaurant 12 6 3

Club 14 1 0


Crime Data

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

Property Crimes 61.49 156.44 205.2

Violent Crimes 11.79 29.51 45.75

*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 49 128

Total Violations 86 281




Page 17
Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1039002 1483 36 13 10

1039004 1522 83 0 5

1040001 1260 45 19 36

1040003 1994 97 0 11

1043011 1780 83 0 13

1043021 1469 9 28 7

1043022 1902 53 15 15

1044011 2363 68 12 12

1044012 1594 19 9 38

Average 0 61 13 19




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Liquor License Map: SHINME CUISINE
2855 W CACTUS RD




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Report

Liquor License - Someburros

Request for a liquor license. Arizona State License Application 252530.

Summary

Applicant
Timothy Vasquez, Agent

License Type
Series 12 - Restaurant

Location
2525 W. Jomax Road
Zoning Classification: PUD
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 outdoor dining and outdoor alcohol consumption as an
accessory use to a restaurant. This business is currently under construction with plans
to open in November 2023.

The 60-day limit for processing this application is Oct. 1, 2023.

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



Page 20

Other Active Liquor License Interest in Arizona
This information is not provided due to the multiple ownership interests held by the
applicant 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:
“We train all of our employees in responsible liquor service. We also conduct regular
audits to ensure they comply.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“We would like the ability to offer our patrons of legal drinking age, adult beverages if
they choose to have one with our made-from-scratch recipes that are cooked with the
highest quality of ingredients.”

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 - Someburros
Liquor License Map - Someburros

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




Page 21
Liquor License Data: SOMEBURROS
Liquor License

I Description Series 1 Mile 1/2 Mile

I Liquor Store 9 2 1
I
I Restaurant 12 12 0
I
Crime Data

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


I Property Crimes 62.21 45.7 8.17
Violent Crimes 11.92 2.52 1.16
I
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within½ mile radius


Property Violation Data

I Description Average 1/2 Mile Average


I Parcels wNiolations 49 0
I
I Total Violations 86 0
I
I I
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

6119001 1639 93 5 0
6123001 2199 54 6 5

6123002 1266 84 46 12
6123003 1440 69 25 0
Average 0 61 13 19




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Liquor License Map: SOMEBURROS
2525 W JOMAX RD




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Report

Liquor License - Special Event - St. Luke Roman Catholic Parish Phoenix

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

Summary

Applicant
Jonathan Leithmann

Location
19644 N. 7th Ave.
Council District: 2

Function
Festival

Date(s) - Time(s) / Expected Attendance
Oct. 20, 2023 - 4 p.m. to 11 p.m. / 350 attendees
Oct. 21, 2023 - 4 p.m. to 11 p.m. / 400 attendees
Oct. 22, 2023 - 4 p.m. to 11 p.m. / 250 attendees

Staff Recommendation
Staff recommends approval of this application.

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




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Report

Liquor License - Special Event - Coronado Neighborhood Association, Inc.

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

Summary

Applicant
Michael Anderson

Location
1717 N. 12th St.
Council District: 4

Function
Festival

Date(s) - Time(s) / Expected Attendance
Nov. 11, 2023 - 4 p.m. to 9 p.m. / 1,100 attendees

Staff Recommendation
Staff recommends approval of this application.

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




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Report

Liquor License - Club Classico Phoenix

Request for a liquor license. Arizona State License Application 6070170.

Summary

Applicant
Angelica Contreras, Agent

License Type
Series 6 - Bar

Location
5030 W. McDowell Road, Ste. 29-30
Zoning Classification: C-2
Council District: 4

This request is for an ownership 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 Oct. 3, 2023.

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

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the
State of Arizona. This information is listed below and includes liquor license violations


Page 26

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.

Bandoleros Night Club (Series 6)
3613 E. Van Buren St., Phoenix
Calls for police service: 5
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 been involved in the industry for many years and have broad knowledge of the
liquor rules and regulations. I currently own and operate Bandoleros Night Club for
over a year with no issues or violations, which also includes the previous club I
managed from 2016-2020, Club Santa Fe, in Avondale Arizona.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“I will provide an entertainment venue were the community can gather, enjoy the live
bands performing and dance in a family oriented atmosphere.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Club Classico Phoenix
Liquor License Map - Club Classico Phoenix

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




Page 27
Liquor License Data: CLUB CLASSICO PHOENIX
Liquor License

Description Series 1 Mile 1/2 Mile

Wholesaler 4 15 0

Bar 6 2 2

Beer and Wine Bar 7 2 1

Liquor Store 9 5 2

Beer and Wine Store 10 9 3

Hotel 11 1 1

Restaurant 12 4 2


Crime Data

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

Property Crimes 62.21 197.1 222.82

Violent Crimes 11.92 50.07 78.34

*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 49 120

Total Violations 86 201




Page 28
Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1123011 2466 11 19 42

1123012 2098 68 7 47

1123013 1748 71 0 13

1123021 1045 48 24 28

1123022 1551 48 25 28

1124013 1653 64 17 20

1124022 1531 76 21 27

1124023 1203 68 17 35

1125071 760 40 40 36

1125121 1518 14 36 22

Average 0 61 13 19




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Liquor License Map: CLUB CLASSICO PHOENIX
5030 W MCDOWELL RD




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Report

Liquor License - Mini Mart

Request for a liquor license. Arizona State License Application 249476.

Summary

Applicant
Nitin Gupta, Agent

License Type
Series 10 - Beer and Wine Store

Location
3502 W. Thomas Road
Zoning Classification: PSC
Council District: 4

This request is for a new liquor license for a convenience store that sells gas. This
location was previously licensed for liquor sales and may currently operate with an
interim permit.

The 60-day limit for processing this application is Sept. 30, 2023.

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

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the


Page 31

State of Arizona. This information is listed below and includes liquor license violations
on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.

Kwik Corner 5402 (Series 10)
5402 W. Indian School Road, Phoenix
Calls for police service: 46
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 20 years of experience with Convenience Store and Gas Station
businesses ranging from operations to management and during this time have learnt
the ins and outs of handling the liquor license in a responsible manner providing due
care of the laws while being mindful of the needs to the community and serving the
local community to the best of my abilities.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“It's a business that is already currently operational. I am purchasing the business from
the current owner who has been serving the local community from this location for
almost 3 years and I intend to continue the tradition of ensuring that this business
continues to provide a safe and friendly environment and service to the same local
community while assisting with the safety of the families living in the area by continuing
to follow the liquor laws and safety protocols.”

Staff Recommendation
Staff recommends approval of this application.

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



Page 32

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




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Liquor License Data: MINI MART
Liquor License

Description Series 1 Mile 1/2 Mile

Wholesaler 4 6 4

Bar 6 4 1

Beer and Wine Bar 7 4 2

Liquor Store 9 2 0

Beer and Wine Store 10 11 6

Restaurant 12 8 1



Crime Data

I Description

Property Crimes
Average*

62.89
1 Mile

Average** 146.25
1/2 Mile

Average*** 157.32

Violent Crimes 12.05 31.79 32.48
I
*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within½ mile radius



Property Violation Data
Description Average 1/2 Mile Average

Parcels wNiolations 47 70

Total Violations 83 138
I




Page 34
I I
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1101001 1919 16 15 58

1101002 1880 31 18 37
1101003 2592 65 0 27
1101004 1252 80 7 41

1121001 989 53 5 35
1122011 2386 70 3 37
1169001 2535 66 12 50
Average 0 61 13 19




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Liquor License Map: MINI MART
3502 W THOMAS RD




.::
z 2








Date: 8/4/2023
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Report

Liquor License - Special Event - Kiwanis Club of Ahwatukee Foundation, Inc.

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

Summary

Applicant
Andrea Pettyjohn

Location
4700 E. Warner Road
Council District: 6

Function
Festival

Date(s) - Time(s) / Expected Attendance
Oct. 7, 2023 - 5 p.m. to 9 p.m. / 100 attendees

Staff Recommendation
Staff recommends approval of this application.

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




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Report

Liquor License - Arco AM PM

Request for a liquor license. Arizona State License Application 252122.

Summary

Applicant
Abdul Hakeem, Agent

License Type
Series 10 - Beer and Wine Store

Location
1201 E. Northern Ave.
Zoning Classification: C-2
Council District: 6

This request is for a new liquor license for a convenience store that sells gas. This
location was previously licensed for liquor sales and may currently operate with an
interim permit.

The 60-day limit for processing this application is Sept. 24, 2023.

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




Page 38

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:
“As a previous owner of gas station and C-stores a bit over 10 years ago, I was very
responsible and compliant with all regulations in managing my business. I am now
wanting to return to this field of business management and will commit to all training
required to abide by the law and State, County and City regulations to run my new
business. I understand with that comes the responsibility in training all hired
employees to be just as compliant to keep our community safe and be able to serve
them as well.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“The community is already accustomed to purchasing their beer and wine at this
Location. as the previous owner held the Same License and I as the new owner and
manager would like to continue to be able to Provide the community with the same
Product at their convience and local store.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Arco AM PM
Liquor License Map - Arco AM PM

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




Page 39
Liquor License Data: ARCO AM PM
Liquor License

Description Series 1 Mile 1/2 Mile

Bar 6 5 1

Beer and Wine Bar 7 3 2

Beer and Wine Store 10 8 3

Restaurant 12 10 5

Club 14 2 1


Crime Data

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

Property Crimes 61.49 79.16 102.97

Violent Crimes 11.79 9.79 15.28

*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 49 73

Total Violations 86 119




Page 40
Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1051023 1135 72 23 12

1052001 877 71 25 24

1052002 1702 63 7 23

1052004 2577 44 5 15

1063001 867 51 40 17

1063002 1099 67 24 17

1063003 1910 50 11 42

Average 0 61 13 19




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Liquor License Map: ARCO AM PM
1201 E NORTHERN AVE




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Date: 7/31/2023
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Report

Liquor License - Arizona Mutual Trading

Request for a liquor license. Arizona State License Application 252473.

Summary

Applicant
Harry Kang, Agent

License Type
Series 4 - Wholesaler

Location
5402 W. Roosevelt St., Ste. 104
Zoning Classification: A-1
Council District: 7

This request is for a new liquor license for a wholesaler. 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. 1, 2023.

Pursuant to A.R.S. 4-203, consideration should be given only to the applicant's
personal qualifications.

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


Page 43

applicant on the City Questionnaire.

I have the capability, reliability and qualifications to hold a liquor license because:
“I am a resident of Arizona. I will be the manager, representative, and agent of this
business under the name Arizona Mutual Trading, LLC ('AMT'). AMT is a wholly-owned
subsidiary of Mutual Trading Co., Inc., a California corporation ('MTC'), a national
importer and distributor and multi-state wholesaler of alcohol beverages. AMT's parent
MTC has operated a similar wholesaler business in California and currently holds a
Wholesaler license in Arizona. MTC has been operating successfully and compliantly
in California for 97 years and in Arizona for 24 years. MTC also holds federal (Alcohol
& Tobacco Tax & Trade Bureau) importer and wholesaler permits in both Arizona and
California. MTC also wholly-owns New York Mutual Trading, LLC, a NJ limited liability
company ('NYMTC'). NYMTC operates a similar wholesaler business in New Jersey
and New York for 49 years and currently holds wholesaler liquor licenses in New
Jersey and New York. Also, MTC is a major shareholder in The Cherry Company Ltd, a
Hawaii corporation ('Cherry Company'). Cherry Company operates a similar
wholesaler business in Hawaii for 35 years and currently holds wholesaler liquor
license in Hawaii.”

Staff Recommendation
Staff recommends approval of this application.

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




Page 44



Report

Liquor License - Footprint Center

Request for a liquor license. Arizona State License Application 6070376.

Summary

Applicant
Jay Satenspiel, Agent

License Type
Series 6 - Bar

Location
201 E. Jefferson St.
Zoning Classification: DTC Business Core
Council District: 7

This request is for an ownership and location transfer of a liquor license for an arena.
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, 2023.

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




Page 45

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:
“Ovation's possesses strong business management skills, a thorough understanding of
laws, rules & regulations, a commitment to responsible alcohol service, a focus on
customer satisfaction, financial stability, & a proven track record of reliability & work
ethic. We are confident in our ability to manage and operate a licensed establishment
effectively & responsibly.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“Ovations is an industry leader in hosting and entertainment, partnering with clients to
create memorable experiences for millions of visitors every year. Ovation's unmatched
blend of integrated services delivers incremental value for clients through several
primary areas of expertise: Venue Management, Food Services & Hospitality, and
Partnerships.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Footprint Center
Liquor License Map - Footprint Center

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




Page 46
Liquor License Data: FOOTPRINT CENTER
Liquor License

Description Series 1 Mile 1/2 Mile

Producer 1 1 1

Microbrewery 3 3 0

Wholesaler 4 1 1

Government 5 4 3

Bar 6 44 27

Beer and Wine Bar 7 10 6

Liquor Store 9 3 2

Beer and Wine Store 10 14 1

Hotel 11 6 4

Restaurant 12 98 49

Club 14 3 1



Crime Data

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

Property Crimes 62.21 223.61 263.8

Violent Crimes 11.92 63.42 56.47

*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 49 42

Total Violations 86 69




Page 47
Census 2010 Data 1/2 Mile Radius

BlockGroup 2010 Population Owner Occupied Residential Vacancy Persons in Poverty

1131002 1242 3 7 33

1140001 1831 25 20 47

1140002 78 77 0 32

1141001 2299 16 37 44

1142001 1321 36 22 50

Average 0 61 13 19




Page 48
Liquor License Map: FOOTPRINT CENTER
201 E JEFFERSON ST




Ü
Date: 8/8/2023
0 0.2 0.4 0.8 1.2 1.6
mi


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 Show

Date(s) - Time(s) / Expected Attendance
Oct. 6, 2023 - 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 Ginger Spencer 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, Agent

Location
1204 E. Roosevelt St.
Council District: 8

Function
Art Exhibit

Date(s) - Time(s) / Expected Attendance
Oct. 28, 2023 - 7 p.m. to 12:30 a.m. / 350 attendees

Staff Recommendation
Staff recommends approval of this application.

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




Page 51



Report

Liquor License - Blue Cloud Distribution of Arizona, Inc.

Request for a liquor license. Arizona State License Application 004070021353.

Summary

Applicant
Camila Alarcon, Agent

License Type
Series 4 - Wholesaler

Location
4242 E. Raymond St.
Zoning Classification: A-1
Council District: 8

This request is for an acquisition of control of an existing liquor license for a
wholesaler. This location is currently licensed for liquor sales.

The 60-day limit for processing this application is Oct. 2, 2023.

Pursuant to A.R.S. 4-203, consideration should be given only to the applicant's
personal qualifications.

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the
State of Arizona. This information is listed below and includes liquor license violations
on file with the AZ Department of Liquor Licenses and Control and, for locations within
the boundaries of Phoenix, the number of aggregate calls for police service within the
last 12 months for the address listed.

Blue Cloud Distribution of Arizona, Inc. (Series 4)
31065 N. Cotton Lane, Goodyear
Calls for police service: N/A - not in Phoenix


Page 52

Liquor license violations: None

Blue Cloud Distribution of Arizona, Inc. (Series 4)
3131 E. Transcon Way, Tucson
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:
“Applicant or its commonly-controlled entities have operated with wholesaler licenses
since 2021 in various states, and since 2023 in Arizona. Applicant is committed to
adhering to all applicable liquor laws.”

Staff Recommendation
Staff recommends approval of this application.

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




Page 53



Report

Liquor License - Aloft Hotel Phoenix Airport

Request for a liquor license. Arizona State License Application 251222.

Summary

Applicant
Amy Nations, Agent

License Type
Series 11 - Hotel/Motel

Location
4450 E. Washington St.
Zoning Classification: C-2 M-R TOD-1
Council District: 8

This request is for a new liquor license for a Hotel. 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, 2023.

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

Other Active Liquor License Interest in Arizona
The ownership of this business has an interest in other active liquor license(s) in the
State of Arizona. This information is listed below and includes liquor license violations


Page 54

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.

Westin La Paloma Resort & Country Club (Series 6)
3660 + 3800 E. Sunrise Drive, Tucson
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 serve as an executive of multiple entities that hold liquor licenses across the United
States.”

The public convenience requires and the best interest of the community will be
substantially served by the issuance of the liquor license because:
“The hotel is near Phoenix Airport which provides comfortable lodging and services to
guests and business people visiting the area. The hotel provides easy access to top
local attractions like the Sun Devil Stadium, the Phoenix Zoo and Desert Botanical
Gardens and offers event space for upcoming meetings and special occasions.”

Staff Recommendation
Staff recommends approval of this application.

Attachments
Liquor License Data - Aloft Hotel Phoenix Airport
Liquor License Map - Aloft Hotel Phoenix Airport

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




Page 55
Liquor License Data: ALOFT HOTEL PHOENIX AIRPORT
Liquor License

Description Series 1 Mile 1/2 Mile

Microbrewery 3 1 1

Bar 6 2 0

Beer and Wine Bar 7 3 1

Conveyance 8 2 0

Liquor Store 9 2 0

Beer and Wine Store 10 6 3

Hotel 11 6 4

Restaurant 12 3 1



Crime Data

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


I Property Crimes

Violent Crimes
62.21

11.92
84.71

17.03
109.12

24.52

*Citywide average per square mile **Average per square mile within 1 mile radius ***Average per square mile within½ mile radius


Property Violation Data
Description Average 1/2 Mile Average


I Parcels wNiolations 49 23
I
I Total Violations 86 46
I




Page 56
Census 2010 Data 1/2 Mile Radius
BlockGroup 2010 Population Owner Occupied Residential Vacancy I Persons in Poverty

1112031 1003 0 24 37
1137002 1578 21 11 59
1137003 1101 31 18 11
1138011 1007 13 30 31

1138021 0 0 0 0
Average 0 61 13 19




Page 57
Liquor License Map: ALOFT HOTEL PHOENIX AIRPORT
4450 E WASHINGTON ST




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City Clerk Department
Page 58




PAYMENT ORDINANCE (Ordinance S-50152) (Items 17-19)
Ordinance S-50152 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.

17 Planning Technology, Inc.
For $96,000 in payment authority for a new contract, entered on or about
Dec. 1, 2023, for a term of five years to provide Airspace Analysis
Services for the Aviation Department. This contract will provide
specialized software which helps Aviation staff review proposed
development on and off Phoenix Sky Harbor International Airport, Phoenix
Deer Valley, and Phoenix Goodyear Airport (Airports) to determine if a
construction project will pose hazards or obstructions to the aircraft flight
path that the Aviation Department is required to protect. Objects
protruding into Airports' aeronautical surfaces can significantly affect
Airports' capacity by requiring changes to the airport minima. The service
will include airspace surfaces that are unique for aircraft operation in
Instrument Flight Rules conditions to each runway at the City's Airports.

18 Charlie Pepper AZ, Inc., dba Salt Works
For $22,500 in additional payment authority for Contract 158216 for salt
minerals to be used in water softening systems for the Phoenix
Convention Center Department (PCCD). PCCD will be added to the
Water Services Department contract valid through April 28, 2028.




Page 59

19 Salt River Project Agriculture Improvement and Power
District dba SRP

For $15,800 in payment authority to Salt River Project Agriculture
Improvement and Power District, dba SRP, for design and construction of
electrical facilities for 4049 N. 67th Ave. (67th Avenue and Indian School
Road) signalized intersection T3390319.WV. Relocation of the pole and
power was required to operate this traffic signal for Street Transportation
project ST89340584-4.




Page 60



Report

Proposed Ekmark Annexation - Public Hearing

A public hearing, as required by Arizona Revised Statutes section 9-471, on the
proposed Ekmark Annexation. This public hearing allows the City Council to gather
community input regarding this annexation proposal. The City 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
The annexation was requested by Jennifer Hall with the Rose Law Group 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 104-84-008G and 104-84-008B,
located at 77th Avenue and Alta Vista Road (Attachment B). The annexation area is
approximately 18.972 acres (0.0296 sq. mi.) and population estimate is three
individuals.

Council District: 7

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




Page 61
Attachment A



CITY COUNCIL REPORT

TO: Alan Stephenson
Deputy City Manager


FROM: Joshua Bednarek
Planning and Development Director

SUBJECT: Request for Updated Task Force Analysis: 75th Avenue and Alta Vista Road


This report recommends the approval of the proposed annexation of 18.97 acres located at
approximately 1,966 feet west of the southwest corner of 75th Avenue and the Alta Vista Road
alignment from Maricopa County: APN # 104-84-008G, 104-84-008B

THE REQUEST:

The applicant is requesting to annex approximately 18.97 acres approximately 1,966 feet west of the
southwest corner of 75th Avenue and the Alta Vista Road alignment from Maricopa County. The
applicant is requesting the annexation with the intention to develop 108 single‐family residences and
rezone the site.

OTHER INFORMATION:


Planning Village: Laveen
General Plan Designation: Residential 3.5 to 5 du/acre, Commerce/Business Park,
and Parks/Open Space - Publicly Owned.
Current County Zoning RU-43
District
Equivalent Zoning District: S-1
Proposed Zoning District: R1-6

Current Land Use
Conditions
On Site: Vacant, mobile home and barns.
To the North: Maricopa County jurisdiction, zoned RU-43, Vacant,
Floodplain
To the South: City of Phoenix jurisdiction, zoned S-1, Single-Family
Residential
To the West: Maricopa County jurisdiction, zoned RU-43, Vacant,
Mobile-Homes
To the East: City of Phoenix jurisdiction, zoned S-1, Single-Family
Residential
Maricopa County jurisdiction, zoned RU-43, Single-Family
Residential

Maricopa County History of NONE PRESENT
Non-Conformities Present?




Page 62
MARICIPA COUNTY ZONING CASE HISTORY
104-84-008G N/A
104-84008B N/A
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 when applicable.

 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.




Page 63
SUPPORTING INFORMATION:


I. Water and Sewer Service

The Water Services Department has reviewed the request for:

APN’s 104-84-008G and 104-84-008B
Approximately 19.09 acres
Q.S.# 2-10
Water Pressure Zone 0S

Water
8-inch DIP water main within 77th Glen

Sewer
8-inch VCP sewer main within W Glass Lane

The proposed parcels can likely be served by the City’s water and/or sewer system pending
capacity review and approval. This review will be done at the time of preliminary site plan
approval. 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.

This development may be subject to Conservation Measures for New Development during
rezoning process as adopted by the City of Phoenix.

It is the City’s intent to provide water and sewer service. However, the requirements and
assurances for water and sewer service are determined during the site plan application
review, or the building permit approval and may be subject to future restrictions as a result of
CAP water shortage measures. Please be advised that capacity is a dynamic condition that
can change over time due to a variety of factors.

II. Fire Protection

Servicing Station: Phoenix Fire Station 59, 1111 S. 65th
Avenue
Station Capacity Level, Current: N/A
Station Capacity Level, After Annexation: Unknown
Current Response Time: 7 Min. 15 Sec.
City Average Response Time: 5 Min. 0 Sec.
Difference from Typical Response Time: -1 Min. 39 Sec.
Number of Service Calls Expected: 39
Average Cost per Service Call: $727
Estimated Total Annual Fire Service Costs: $28,430




Page 64
III. Police Protection


Servicing Station: Maryvale / Estrella Mountain Precinct
2111 S 99th Ave
Tolleson, AZ 85353
602-495-5003
Number Of New Officers Required: 0.27
Number Of New Patrol Cars Required: 0.16
Estimated Total Annual Police Service Costs: $50,833


IV. Refuse Collection


Number of New Containers Required: 108
Cost for Refuse Containers, Each: $59.90
Cost for Recycling Containers, Each: $59.90

Total Start-Up Costs for Refuse Collection: $12,938


V. Street Maintenance

Average Cost per Acre For Street $131
Maintenance:
Estimated Total Annual Street Maintenance $2,479
Costs:

VI. Public Transit

Servicing Routes: There are no servicing bus routes in the
annexation area.

VII. Parks and Recreation

Neighborhood Park Demand in Acres: 1.00
Community Park Demand in Acres: 0.53
District Park Demand in Acres: 0.53
Total Park Demand in Acres: 2.06
Cost Per Acre, Annual Maintenance: $17,000
Total Annual Parks and Recreation Costs: $34,990


VIII. Schools

Elementary School District: Laveen Elementary School District
High School District: Phoenix Union High School District
Total Expected Elementary School Students: 66
Total Expected High School Students: 38
Total Expected New Students: 104




Page 65
IX. Revenues

Expected Total Impact Fees at Buildout: $1,583,649


Property Tax Income*: $1,650
Beginning Next Utility Fee Income: $13,500
State Shared Revenue: $121,129
Fiscal Year Solid Waste: $47,896
Sales Tax Generated: Unknown
Total Tax Related Income, Annually**: $184,175


Property Tax Income*: $1,650

Beginning 2023-
Utility Fee Income: $13,500
State Shared Revenue: $121,129

2024 Fiscal Year
Solid Waste: $47,896
Sales Tax Generated: Unknown
Total Tax Related Income, Annually**: $184,175

X. Total Costs

Revenue, First Year Only: $1,767,824
Revenue, Year Two: $184,175
Revenue, 2020 and Beyond: $184,175


Expenses, First Year Only: $129,671
Expenses, Year Two and Beyond: $116,732


Total Annual Revenue, First Year**: $1,638,153
Total Annual Revenue, 2023 and Beyond**: $67,443

*The above referenced Property Tax Income numbers 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 66
Attachment B




Page 67



Report

Grant of a Public Utility Easement on City-owned Property Located at 445 N. 5th
St. (Ordinance S-50154)

Request the City Council to grant a public utility easement for consideration of $1
and/or other valuable consideration, for utility service to a City-owned property in the
Arizona Public Service Company service area; further ordering the ordinance
recorded.

Summary
The public utility easement provides services to the International Genomics
Consortium and Translational Genomics Research Institute (IGC/T-Gen) Headquarters
for project ED10000011 located at located at 445 N. 5th St.

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

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


Page 68

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


Page 69

easement to any individual, corporation or other entity without the prior written
consent of Grantor, which consent shall not be unreasonably withheld. Grantee
shall notify Grantor of any proposed transfer, conveyance or assignment of any
rights granted herein at address listed below.
I. Except in emergencies or exigent circumstances such as service restoration,
Grantee agrees to contact Grantor at least one business day prior to Grantee's
entrance onto the Easement Premises where the Easement Premises are located:
1) on a site that includes Aviation Department facilities; 2) water and wastewater
treatment facilities; 3) Police Department headquarters located at 620 W.
Washington St.; 4) Fire Department headquarters located at 150 S. 12th St.; 5) City
Hall located at 200 W. Washington St.; 6) City Court Building located at 300 W.
Washington St.; 7) Calvin C. Goode Building located at 251 W. Washington St.; 8)
Transit Operations Center located at 320 N. 1st Ave. or West Transit Facility located
at 405 N. 79th Ave.; or 9) in a secured or fenced area.

Location
445 N. 5th St., within Maricopa County Assessor parcel number 111-46-155.
Council District: 8

Responsible Department
This item is submitted by Deputy City Manager John Chan and the Community and
Economic Development and Finance departments.




Page 70



Report

Acceptance and Dedication of Easements for Multi-use Trail, Sidewalk and
Public Utility Purposes (Ordinance S-50169)

Request for the City Council to accept and dedicate easements for multi-use trail,
sidewalk and public utility purposes; further ordering the ordinance recorded.

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

Easement (a)
Applicant: DV Parcel A-1 Owner, LP, its successor and assigns
Purpose: Multi-use Trail
Location: 23625 N. 19th Ave.
File: FN 230007
Council District: 1

Easement (b)
Applicant: DV Parcel A-1 Owner, LP, its successor and assigns
Purpose: Sidewalk
Location: 23625 N. 19th Ave.
File: FN 230007
Council District: 1

Easement (c)
Applicant: 13839 N. 12th St., LLC, its successor and assigns
Purpose: Public Utility
Location: 13839 N. 12th St.
File: FN 230072
Council District: 3

Easement (d)
Applicant: A.S.E. Management, LLC, its successor and assigns
Purpose: Public Utility


Page 71

Location: 715 N. Black Canyon Highway
File: FN 230039
Council District: 7

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




Page 72



Report

Acceptance of Easements for Drainage, Water and Sewer Purposes (Ordinance
S-50170)

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

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

Easement (a)
Applicant: DV Parcel A-1 Owner, LP, its successor and assigns
Purpose: Drainage
Location: 23625 N. 19th Ave.
File: FN 230007
Council District: 1

Easement (b)
Applicant: The Spengler Condominiums Homeowners Association, its successor and
assigns
Purpose: Water
Location: 5525 E. Thomas Road
File: FN 230066
Council District: 6

Easement (c)
Applicant: Williams Family Living 1996 Trust, dated Sept. 6, 1996, also known as the
June QTIP Trust; Williams Family Living 1996 Trust, its successor and assigns
Purpose: Sewer
Location: 6710 W. Dobbins Road
File: FN 230056
Council District: 7




Page 73

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




Page 74



Report

Paper Products - IFB 19-004 - Amendment (Ordinance S-50162)

Request to authorize the City Manager, or his designee, to execute amendments to
Contracts 148607 with Veritiv Operating Company and 148608 with Kelly Spicers, Inc.
to extend Contract terms and allow additional expenditures. Further request to
authorize the City Controller to disburse all funds related to this item. The additional
expenditures will not exceed $550,000.

Summary
These contracts will provide a large variety of paper types used by the Print, Design,
and Mail Services section of the City Clerk Department to produce community
awareness, training and other critical business communications for all City
departments. Examples of common projects include flyers, brochures, postcards and
other media used to inform the public about City events, programs and services, as
well as legal forms, statements, licenses and invoices for the Police, Fire, City Clerk,
Municipal Court and Law departments.

Contract Term
Upon approval the contracts will be extended through Sept. 30, 2024, with an option to
extend through Sept. 30, 2025.

Financial Impact
Upon approval of $550,000 in additional funds, the revised aggregate value of the
contracts will not exceed $1,550,000. Funds are available in the City Clerk
Department’s budget.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
• Paper Products Contract 148607 (Ordinance S-45029) on Oct. 3, 2018.

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




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Report

Amendments to Classification Plan (Ordinance S-5815) in Accordance with
Human Resources Committee 618 Recommendations - Classification and
Compensation Study Post Implementation Adjustments (Ordinance S-50187)

The following amendments to the Classification Plan (Ordinance S-5815) are proposed
in accordance with the recommendations of Human Resources Committee 618,
effective Oct. 2, 2023. The proposal will also require modifications to the City’s Pay
Ordinance (S-49802), which will be processed under a separate ordinance.

Modify the classification of Public Defender (NC), Job Code: 10230, Salary Plan: 018,
Grade/Range: 922, Labor Unit Code: 008, Benefit Category: 009, EEO-4 Category:
Officials and Administrators, FLSA Status: Exempt to Benefit Category: 010.

Modify the assignment of Court Supervisor*Interpreter, Job Code: 00621, Salary Plan:
001, Grade/Range: 055, Labor Unit Code: 007, Benefit Category: 007, EEO-4
Category: Administrative Support, FLSA Status: Exempt to Grade/Range: 056.

Modify the classification of Urban Forestry Technician, Job Code: 40030, Salary Plan:
002, Grade/Range: 132, Labor Unit Code: 001, Benefit Category: 001, EEO-4
Category: Service Maintenance, FLSA Status: Nonexempt to Grade/Range: 143.

Modify the classification of Exec Asst to Mayor (NC), Job Code: 06070, Salary Plan:
018, Grade/Range: 912, Labor Unit Code: 008, Benefit Category: 010, EEO-4
Category: Officials and Administrators, FLSA Status: Exempt to Grade/Range: 918.

Modify the classification of Senior Exec Asst/City Manager (NC), Job Code: 06140,
Salary Plan: 018, Grade/Range: 912, Labor Unit Code: 008, Benefit Category: 010,
EEO-4 Category: Officials and Administrators, FLSA Status: Exempt to Grade/Range:
918.

Summary
The Classification and Compensation study was implemented rapidly to address a
systemic staffing and labor market crisis throughout the City. Adjustments to grade and
salary ranges are necessary as the City adapts to the new pay structures that took
effect on Aug. 7, 2023. These recommendations balance internal alignment with


Page 76

external market focus.

Concurrence/Previous Council Action
· City Council provided approval to repeal Ordinance S-47689 and adopt Ordinance
S-49802 to implement the new rates and compensation associated with the
classification and compensation study on May 31, 2023.

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




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Report

Amendments to Pay Ordinance (S-49802) in Accordance with Human Resources
Committee 618 Recommendations - Classification and Compensation Study
Post Implementation Adjustments (Ordinance S-50189)

The following amendments to the Pay Ordinance (S-49802) are proposed in
accordance with the recommendations of Human Resources Committee 618, effective
Oct. 2, 2023. The proposal will also require modifications to the City’s Classification
Plan (Ordinance S-5815), which will be processed under a separate ordinance.

Modify the classification of Public Defender (NC), Job Code: 10230, Salary Plan: 018,
Grade/Range: 922, Labor Unit Code: 008, Benefit Category: 009, EEO-4 Category:
Officials and Administrators, FLSA Status: Exempt to Benefit Category: 010.

Modify the assignment of Court Supervisor*Interpreter, Job Code: 00621, Salary Plan:
001, Grade/Range: 055, Labor Unit Code: 007, Benefit Category: 007, EEO-4
Category: Administrative Support, FLSA Status: Exempt to Grade/Range: 056.

Modify the classification of Urban Forestry Technician, Job Code: 40030, Salary Plan:
002, Grade/Range: 132, Labor Unit Code: 001, Benefit Category: 001, EEO-4
Category: Service Maintenance, FLSA Status: Nonexempt to Grade/Range: 143.

Modify the classification of Exec Asst to Mayor (NC), Job Code: 06070, Salary Plan:
018, Grade/Range: 912, Labor Unit Code: 008, Benefit Category: 010, EEO-4
Category: Officials and Administrators, FLSA Status: Exempt to Grade/Range: 918.

Modify the classification of Senior Exec Asst/City Manager (NC), Job Code: 06140,
Salary Plan: 018, Grade/Range: 912, Labor Unit Code: 008, Benefit Category: 010,
EEO-4 Category: Officials and Administrators, FLSA Status: Exempt to Grade/Range:
918.

Summary
The Classification and Compensation study was implemented rapidly to address a
systemic staffing and labor market crisis throughout the City. Adjustments to grade and
salary ranges are necessary as the City adapts to the new pay structures that took
effect on Aug. 7, 2023. These recommendations balance internal alignment with


Page 78

external market focus.

Concurrence/Previous Council Action
· City Council provided approval to repeal Ordinance S-47689 and adopt Ordinance
S-49802 to implement the new rates and compensation associated with the
classification and compensation study on May 31, 2023.

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




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Report

Request Authority to Enter Into IGA with AHCCCS to Use Pediatric Health Care
Initiative Funds to Finance AHCCCS Payments to Phoenix Children’s Hospital
(Ordinance S-50190)

Request to authorize the City Manager, or his designee, to enter into an
Intergovernmental Agreement (IGA) with the Arizona Health Care Cost Containment
System (AHCCCS) to implement the provisions of Ordinance S-45435 to allow the
funding of the nonfederal share of certain AHCCCS payments to eligible children’s
hospitals within the City of Phoenix, namely Phoenix Children’s Hospital (PCH), from
the Pediatric Health Care Initiative Fund. Also request that the City Treasurer be
authorized to accept and the City Controller be authorized to disburse the funds.

Summary
In March 2019, the City of Phoenix passed Ordinance S-45435 extending authorization
for the Pediatric Health Care Initiative to allow donated funds to finance a broader
scope of AHCCCS payments to PCH, after the original program financed by the City
ended. At the time of passage, there was not a clear opportunity for use of the City’s
funds and so the ordinance did not include authority to enter into an intergovernmental
agreement with AHCCCS. Given the challenges PCH is facing as a result of COVID-
19, AHCCCS is seeking federal approval for enhanced payments to PCH. PCH has
lost revenue totaling $32 million in the last month and has not, up to this point,
received federal assistance through the Coronavirus Aid Relief and Economic Security
(CARES) Act because relief for hospitals has been distributed through the Medicare
program (in which PCH, as a children’s hospital, does not participate). There is an
opportunity for the Pediatric Health Care Initiative Fund to help finance these and other
AHCCCS payments, as outlined in Ordinance S-45435, for the duration of the
ordinance. The City’s funds will be of particular benefit, as the federal government has
increased its matching rate for AHCCCS services; PCH will receive $4 for every $1
provided by the City. An IGA is required to enable the City to transfer the funds to
AHCCCS for this purpose, and to outline the terms of AHCCCS’ use of those funds.

Concurrence/Previous Council Action
· City Council approved Ordinance S-41038 on July 2, 2014.
· City Council approved Ordinance S-45435 on March 6, 2019.



Page 80


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




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Report

Authorization to License Vacant City-owned Land Located at 314 and 318 N. 5th
Ave. to T.B. Penick and Sons, Inc. (Ordinance S-50157)

Request to authorize the City Manager, or his designee, to enter into a construction
staging license with T.B. Penick and Sons, Inc. (T.B. Penick), across a portion of
vacant City-owned parcels located at 314 and 318 N. 5th Ave. for temporary
construction staging needs. Further request authorization for the City Treasurer to
accept all funds related to this item.

Summary
T.B. Penick will license approximately 13,900 square feet of vacant City-owned land at
314 and 318 N. 5th Ave., for construction staging purposes for the construction of a
nearby apartment building by a private developer. The license fee is $174,000, plus
applicable taxes, for a one-year term which is within the range of market rents as
determined by the Real Estate Division.

T.B. Penick is responsible for all costs related to use of the land under the license,
including restoration of the site upon expiration. The license will include insurance and
indemnity provisions acceptable to the City's Risk Management Division and City
Attorney. The license may be canceled pursuant to Arizona Revised Statutes section
38-511. The license may contain other terms and conditions deemed necessary by the
City.

Contract Term
The license term is one year. The license may be extended on a month-to-month
basis, not to exceed twelve months.

Financial Impact
Revenue during the one-year term will be $174,000, plus applicable taxes. Revenue
during any extension will be $14,500 per month, plus applicable taxes.

Location
314 and 318 N. 5th Ave., identified by Maricopa County Assessor parcel numbers 111-
41-082 and 111-41-084.
Council District: 7


Page 82


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




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Report

Property Management Services Contract for Affordable Housing Portfolio, Group
C - Request for Award (Ordinance S-50171)

Request to authorize the City Manager, or his designee, to enter into a contract with
MEB Affordable Management Services, LLC (MEB) to provide property management
services for the City of Phoenix Housing Department's Affordable Housing Portfolio,
Group C (Camelback Properties, Paradise Greens, Yale Court, Red Mountain Springs
and Desert Meadows). Further request authorization for the City Controller to disburse
all funds related to this item. The aggregate contract value including all option years
will not exceed $6.4 million. There is no impact to the General Fund.

Summary
The City of Phoenix Housing Department, Asset Management Division requires 3rd
party property management services in connection with the continued operations of
Group C consisting of five multifamily rental developments that are a subset of the
Affordable Housing Portfolio (Portfolio) located in Phoenix, Arizona.

The City-owned Portfolio consists of 16 multifamily residential housing properties with
1,214 rental units that provide affordable housing to low-to-moderate income residents.
This contract is for Group C consisting of five of those properties with an aggregate of
426 rental units.

Procurement Information
Request for Proposals FY24-086-1 (DRW) for Property Management Services for
Affordable Housing Portfolio, Group C was conducted in accordance with
Administrative Regulation 3.10.

Five vendors submitted proposals by the deadline of July 13, 2023, and all were
deemed responsive and responsible. An evaluation panel, comprised of three City
staff, evaluated the submitted proposals. Proposals received points in the following
categories: Method of Approach (300 Points), Experience and Qualifications of Firm
and Key Personnel (450 Points), Price (150 Points), and References (100 Points). The
maximum possible score for each proposal in each group was 1,000 points. The final
scores for the proposals received are as follows:



Page 84

· MEB Affordable Management Services, LLC 785 Points
· D.B. Chamberlin & Associates 781 Points
· Consolidated Asset Management, Inc. 760 Points
· Dunlap and Magee 629 Points
· Envolve Client Services AZ, LLC 625 Points

After reaching a consensus, the evaluation panel recommends award to MEB
Affordable Management Services, LLC. The Housing Department concurs with the
evaluation panel's decision and recommends awarding the property management
services contract to MEB.

Contract Term
The initial three-year contract term will begin on or about Oct. 31, 2023, and end on
Oct. 30, 2026. Provisions of the contract include an option to extend the term of the
contract up to two additional years, which may be exercised in the discretion of the
City Manager or designee.

Financial Impact
The aggregate contract value, including all option years, will not exceed $6.4 million
(including applicable taxes) with an estimated annual expenditure of $1.3 million.
Contract costs related to staffing and management fees will be funded by the rental
revenue generated by Group C properties. There is no impact to the General Fund.

Location
Desert Meadows: 16819 N. 42nd Ave., District 1
Paradise Greens: 16001 N. 25th St., District 2
Camelback Greens: 5102 N. 11th Ave., District 4
Camelback Village - Senior: 5102 N. 11th Ave., District 4
Red Mountain Springs: 1652 N. 52th St., District 6
Yale Court: 2524 N. 31st St. and 3034 E. Yale St., District 8
Council Districts: 1, 2, 4, 6 and 8

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




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Report

Construction Administration Services for Maryvale Parkway Terrace
Rehabilitation Project Contract - RFA FY24-086-03 - Request for Award
(Ordinance S-50186)

Request to authorize the City Manager, or his designee, to enter into a contract with
Architectural Resource Team (ART) to provide construction administration for the
Housing Department's Maryvale Parkway Terrace Rehabilitation Project. Further
request to authorize the City Controller to disburse all funds related to this item. The
total value of the contract will not exceed $171,050.

Summary
This contract will provide construction administration including monthly meeting
attendance, Request For Information reviews, General Contractor and Consultant
coordination, punch list walks, and final completion review along with various other
duties to ensure the rehabilitation of the senior public housing apartments is completed
according to plan and budget.

Procurement Information
In accordance with Administrative Regulation 3.10, standard competition was waived
as a result of an approved Determination Memo based on the following reason:
Without Competition/Special Circumstances Alternative. The architect was originally
procured through the City’s Job Order Contract On-Call Services list. ART has
extensive knowledge of the project since it developed the building plans, scope of work
and specifications. There were not enough funds on the contract to complete this
project since it was originally procured as a citywide contract.

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

Financial Impact
The aggregate contract value will not exceed $171,050 for the one-year aggregate
term. There is no impact on the General Fund. Funding is available in the Housing
Capital Improvement Program budget.



Page 86


Concurrence/Previous Council Action
Services for calendar years 2022-23, Contract 155420 (Ordinance S-48044), on Oct.
27, 2021.

Location
4545 N. Maryvale Parkway
Council District: 5

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




Page 87



Report

Retroactive Authorization to Apply for, Accept Funding and Enter Into an
Agreement with Maricopa Association of Governments (Ordinance S-50179)

Request to authorize the City Manager, or his designee, to retroactively apply for,
accept funding and enter into an agreement with the Maricopa Association of
Governments (MAG) for the FY 2024 Enhanced Shelter Opportunities funding in an
amount not to exceed $200,000. Further request to authorize the City Treasurer to
accept, and the City Controller to disburse, all funds related to this item.

Summary
In partnership with the Paradise Valley Town Council, MAG was provided an
appropriation of $200,000 for regional homeless initiatives to support homelessness
beds and service. MAG issued a Request for Proposals and accepted applications
from qualified agencies to receive $200,000 to provide emergency shelter and services
to individuals experiencing homelessness. The Office of Homeless Solutions applied
for funding in the amount of $200,000 to ensure continued availability of operations
and support services for the Rio Fresco Healing Center (Center), a 117-room shelter
operated by Community Bridges, Inc. (CBI). The Center leverages CBI’s Full
Continuum of Care by providing intense supportive services through case
management, behavioral health services, individualized housing plans and
opportunities for employment.

This retroactive approval is requested due to the timing of the application period and
gathering of the detailed information required. Notification of the funding opportunity
was provided to staff on July 3, 2023, with the application due July 24, 2023. On Aug.
23, 2023, staff was notified that the City of Phoenix was awarded funding in the
amount of $200,000 to support shelter operations at Rio Fresco Healing Center.

Contract Term
The award funding period is for 10 months beginning on or about Aug. 24, 2023, and
ending on or about June 30, 2024.

Financial Impact
Funding will be provided by MAG with no matching funds required. There is no impact
to the General Fund.


Page 88


Location
2425 S. 24th St.
Council District: 8

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




Page 89



Report

Authorization to Amend Contract With Child Crisis Arizona (Ordinance S-50181)

Request to authorize the City Manager, or his designee, to amend Contract 154921
with Child Crisis Arizona (CCA) to extend the term of the contract through June 30,
2024, and add $70,000 in Community Development Block Grant (CDBG) funding and
$130,000 in Emergency Solutions Grant-CV (ESG-CV) funding. Further request
authorization for the City Controller to disburse all funds related to this item. Funds are
available from CDBG and ESG-CV.

Summary
CCA provides residential, emergency shelter for homeless minor children between the
ages of four and 12 years. The children in CCA’s care have been removed from their
families for the crimes of abuse and/or neglect. Services provided include: immediate
shelter, food, clothing, health and educational care.

The additional CDBG and ESG-CV funding will allow CCA to continue replacement of
playground and/or other equipment.

Contract Term
The extended contract term will be Oct. 1, 2023, through June 30, 2024.

Financial Impact
The total value of the contract will not exceed $1,396,459. Funding is available from
CDBG and ESG-CV from the U.S. Department of Housing and Urban Development.
There is no impact to the General Fund.

Concurrence/Previous Council Action
· The City Council approved Contract 154921 (Ordinance S-47793) on July 1, 2021.
· The City Council approved a contract extension for 154921 (Ordinance S-48975) on
Sept. 7, 2022.
· The City Council approved the addition of CDBG funding for 154921 (Ordinance S-
49472) on March 1, 2023.




Page 90

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




Page 91



Report

Request Authorization to Contract with Pressure Equipment Sales, LLC for
Graffiti Removal Solutions (Ordinance S-50184)

Request authorization for the City Manager, or his designee, to enter into a contract
with Pressure Equipment Sales, LLC to provide graffiti removal solutions for the
Neighborhood Services Department. Further request to authorize the City Controller to
disburse all funds related to this item.

Summary
The Neighborhood Services Department (NSD) Graffiti Busters program is responsible
for abating graffiti from a variety of surfaces throughout the City of Phoenix. Program
staff employ methods and tools to achieve this goal, including the utilization of color-
matched paint, power washing, and the application of specialized chemicals designed
to remove graffiti from non-painted, porous surfaces such as masonry, block, brick,
metal, and concrete. Elephant Snot is the preferred graffiti removal product, by NSD’s
experienced Graffiti Busters team due to its quality and performance.

On June 4, 2020, the NSD invited qualified offerors to submit bids (NSD-IFB-20-006)
for the Elephant Snot graffiti removal product. On June 18, 2020, bids for Elephant
Snot were received from Clean Sweep Pressure Washing, Inc. and Pressure
Equipment Sales, LLC. Clean Sweep Pressure Washing, Inc. was selected and
entered into a contract with the city on Nov. 15, 2020. In March of 2023, Clean Sweep
Pressure Washing, Inc. terminated their contract with the city.

In August, NSD received sole-source determination approval from the Finance
Department to enter into a five-year contract with Pressure Equipment Sales, LLC, the
only vendor in Arizona currently authorized by the manufacturer to sell the Elephant
Snot product, and the second vendor to submit an offer to the competitive procurement
(NSD-IFB-20-006) issued by the NSD in June of 2020.

Contract Term
The contract term will be one year, commencing on or about Sept. 1, 2023, with four
one-year options to extend. The total contract cost is not to exceed $80,000.




Page 92

Financial Impact
The total value of the contract will not exceed $80,000 over five years. The contract
will be funded through the General Fund and the U.S. Department of Housing and
Urban Development Community Development Block Grant.

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




Page 93



Report

Acceptance of a Monument Sign Easement located on the Southwest Corner
of Washington and 16th Streets (Ordinance S-50167)

Request for the City Council to accept a monument sign easement from
Washington Pointe, LLC; further ordering the ordinance recorded.

Summary
The approximate 42 square foot monument sign easement, at the southwest corner
of Washington and 16th streets, was donated by Washington Pointe, LLC, for
identification of the Eastlake Park neighborhood.

The easement to be accepted is located within Maricopa County Assessor's parcel
number 116-48-076, further described in the legal description to be recorded with
the ordinance.

Location
Southwest corner of Washington and 16th streets.
Council District: 8

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




Page 94



Report

Golf Vehicles Lease Agreement and Fleetcare Maintenance Contract - COOP-24-
0004 - Request for Award (Ordinance S-50176)

Request to authorize the City Manager, or his designee, to enter into a contract with
Club Car, LLC, and De Lage Landen Financial Services, Inc, dba DLL Finance, to
provide a Golf Vehicles Lease Agreement and Fleetcare Maintenance for the Parks
and Recreation Department. Further request an exception to the indemnity and
assumption of liability provisions of Phoenix City Code section 42-18. Further request
to authorize the City Controller to disburse all funds related to this item. The total value
of the contract will not exceed $2,750,000.

Summary
This contract will provide Parks and Recreation Department with a new fleet of golf
cart vehicles to successfully support daily operations for the City's municipal golf
courses. The golf courses will require approximately 270 vehicles to fully serve patrons
and staff. The COOP agreement will provide a 60-month lease of new golf cart
vehicles and include preventative maintenance and repair services for all carts.

Procurement Information
In accordance with Administrative Regulation 3.10, standard competition was waived
as a result of an approved Determination Memo based on the following reason:
Special Circumstances Alternative Competition. Parks and Recreation Department
staff compared two national government cooperative agreements and the OMNIA
National Cooperative Agreement offered the best cost and provides full services to the
City's procurement requirements as set forth in the Phoenix City Code, Chapter 43,
and best aligns with the City of Phoenix's Terms and Conditions and overall needs.

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

Financial Impact
The aggregate contract value for will not exceed $2,750,000 for the five-year
aggregate term.


Page 95


Funding is available in the Parks and Recreation Department's Golf Special Revenue
Fund.

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




Page 96



Report

(Ordinance S-50185)

Request to authorize the City Manager, or his designee, to enter into a one-year
sponsorship agreement with the Phoenix Final Four Local Organizing Committee, in
an amount not to exceed $500,000, for the support of hosting responsibilities for the
2024 NCAA Men’s Final Four. Funding is available in the Downtown Community
Reinvestment Fund. Further request to authorize the City Controller to disburse funds
under the terms of the agreement.

Summary
The Community and Economic Development Department is seeking to enter into an
agreement to sponsor the Phoenix Final Four Local Organizing Committee and its
activities to host the 2024 NCAA Men’s Final Four in Phoenix in April 2024. As a
sponsor, the City will work with the host committee to determine event venue locations,
be included in marketing materials, and collaborate to improve opportunities for
Phoenix businesses to participate in the Business Connect and the CEO Forum
programs related to Final Four events. The 2024 NCAA Men’s national semifinal and
championship games will be played at the State Farm Stadium in Glendale, Arizona,
with major fan-related events, lodging and meeting activities associated with the
tournament being held in Phoenix.

In 2017, Phoenix last hosted the Final Four ancillary and community events in
conjunction with the Phoenix Local Organizing Committee and Arizona State University
(Host Institution). The 2017 Phoenix Final Four was the first to be held in the West in
22 years and was the second highest attended in Final Four history. Final Four Fan
Fest activities at the Phoenix Convention Center attracted more than 50,000 people;
135,000 attended the March Madness Music Festival at Margaret T. Hance Park; and
6,000 participated in the Final Four Dribble at Heritage and Science Park. The Final
Four games were watched by nearly 23 million viewers in 176 countries, with 2,200
media members in town to cover the games and related events.

As part of the ongoing familiarization (FAM) tour activities, staff will be returning at the
next Council meeting with plans to host a Women's National Basketball Association
(WNBA) All Star Game FAM tour in 2024 to further highlight Phoenix to leading


Page 97

corporate decision makers.

Contract Term
The term of the one-year contract will begin on or about Nov. 1, 2023.

Financial Impact
The total sponsorship contract will not exceed $500,000. Funding is available in the
Downtown Community Reinvestment Fund.

Responsible Department
This item is recommended by Deputy City Manager John Chan and the Community
and Economic Development Department.




Page 98



Report

Ungerboeck Event Management System - RFA 19-002 - Amendment (Ordinance S
-50156)

Request to authorize the City Manager, or his designee, to allow additional
expenditures under Contract 152382 with Ungerboeck Systems International Inc. (USI)
to purchase software licenses for event booking and management software for the
Phoenix Convention Center Department (PCCD). Further request to authorize the City
Controller to disburse all funds related to this item. The additional expenditures will not
exceed $220,000.

Summary
In 2006, PCCD invested in USI, the leading convention industry event space booking
and management system application, and aligned its business processes around it.
The USI application is critical to the operations of the Phoenix Convention Center,
Symphony Hall, and the Orpheum Theatre. The system is used for all facets of the
event booking and management process including, but not limited to, sales leads,
detailed event information, financial transactions and use agreements. PCCD’s
destination marketing partner, the Greater Phoenix Convention and Visitors Bureau,
also utilizes USI to access booking information.

The original contract procured 200 user licenses and numerous USI software features.
However, to sustain optimal usage of the system, the department needed to install
software enhancements and procure additional user licenses, items not included in the
original contract.

PCCD is requesting an additional $220,000 to ensure continued access to the event
management system and to prevent negative impacts on the department's ability to
conduct business.

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

Contract Term
The contract term remains unchanged, ending on May 31, 2025.



Page 99


Financial Impact
Upon approval of $220,000 in additional funds, the revised aggregate value of the
contract will not exceed $900,000. Funds are available in the Phoenix Convention
Center Department's operating budget.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
• Ungerboeck Event Management System Contract 152382, Ordinance S-46585 on
May 6, 2020.

Location
Council Districts: 7 and 8

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




Page 100



Report

Telescopic Seating Maintenance and Repair Contract - IFB PCC 23-007 - Request
for Award (Ordinance S-50174)

Request to authorize the City Manager, or his designee, to enter into a contract with
Arizona Courtlines, Inc., to provide telescopic seating maintenance and repair services
for the Phoenix Convention Center Department. Further request to authorize the City
Controller to disburse all funds related to this item. The total value of the contract will
not exceed $125,000.

Summary
This contract will provide telescopic seating services at the Phoenix Convention Center
Department (PCCD). PCCD has a telescopic seating system with a capacity of 1,207
fixed seats. The seating system, purchased in 2006, requires preventive maintenance,
repairs and servicing on an as-needed basis. Contracted services will ensure the
equipment is safe and operational when used by clients for citywide and other events.

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

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

Selected Bidder
Arizona Courtlines, Inc.: $19,872.

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

Financial Impact
The contract value will not exceed $125,000.

Funding is available in the Phoenix Convention Center Department's operating budget.


Page 101


Location
General Location: Phoenix Convention Center
Council Districts: 7 and 8

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




Page 102



Report

Amend Phoenix City Code - Ordinance Adoption - Chapter 3, Section 3-10 -
Temporary Signage for City Major Events (Ordinance G-7166)

Request City Council adopt an amendment to the City Code Chapter 3, section 3-10
related to Temporary Signage for City Major Events to establish temporary signage
rights for Major Event Organizers producing Major Events in the downtown area.

Summary
The intent of the proposed amendment is to establish temporary signage rights for
Major Event Organizers producing Major Events in the downtown area contingent
upon: 1) the City of Phoenix submitting or participating in a bid proposal to host a
Major Event; 2) the Major Event being successfully awarded to the City and/or region;
and 3) the Major Event will attract significant media coverage that promotes Phoenix to
national or international audiences and is projected to generate at least $30 million in
overall economic impact.

Large-scale events, such as an NFL Super Bowl or NCAA Final Four, hosted in
Phoenix supports the City’s visitor industry, brings significant media exposure, and
generates substantial economic impact due to the national or international significance
of the events and ancillary activities. Generally, the opportunity to serve as a host
community involves a competitive bid process whereby the City may submit a proposal
to be a host city and/or participate as part of a regional bid. Typical to the bid process,
prospective host cities declare support for the event through various mechanisms
including the granting of certain signage rights to the Major Event Organizer allowing
event related décor and/or sponsor advertising devices (including banners, building
wraps, and similar devices) that are otherwise prohibited by city codes or zoning
ordinances.

If the City is the successful bidder awarded to host a Major Event, the Major Event
Organizer, or its designee, may submit an application for temporary signage through
the Planning and Development Department. The second step in the process includes
submittal of a detailed project plan for approval by the City. Individual sign permit
applications within the designated Major Events Area as shown in Attachment B
would then be permitted consistent with the approved plan.



Page 103

Staff recommends approval of the proposed amendment to the City Code Chapter 3,
section 3-10 related to Temporary Signage for City Major Events.

Responsible Department
This item is submitted by Deputy City Managers Alan Stephenson and John Chan, and
the Planning and Development and Phoenix Convention Center departments.




Page 104
Attachment A
THIS IS A DRAFT COPY ONLY AND IS NOT AN OFFICIAL COPY OF THE FINAL,
ADOPTED ORDINANCE


Sec. 3-10 Temporary Signage for City Major Events

A. In this section, unless the context otherwise requires:

“Director” means the Planning and Development Director or his or her designee.

“Major Event Organizer” means an entity with prior experience that can be the lead organizer of
a Major Event.

“Major Event” means a public event or a series of public events held within the Major Event
Area and 1) that attracts significant national or international media coverage and 2) that is
awarded to the City through a bidding process; and 3) that either has generated or is projected
to generate at least $30 million in overall economic impact, such as through tourism activities
and visitor spending directly attributable to the event.

“Major Event Area” means the area east of 7th Avenue, west of 7th Street, south of McDowell
Road, and north of Lincoln Street.

B. A Major Event Organizer wishing to erect, install, or place within the Major Event Area
temporary signs that are not otherwise permitted by the City Code must submit an application
for temporary signage with the Planning and Development Department at least 180 days before
the start of the Major Event. The Application must be on the form provided by the Planning and
Development Department and contains the following information:

1. Major Event Organizer’s name

2. Name of the Major Event

3. The name of the Major Event Organizer’s representative authorized to file the
application

4. Dates and times of the Major Event

5. Name, phone number, and email of a person responsible for the application

6. Independent analysis that the event will generate at least $30 million in overall
economic impact




Page 105
7. Any other relevant information requested by the Planning and Development
Department.

C. The Director will review the temporary signage application to determine compliance with
requirements in Subsection B of the Section. The Director will approve or deny the application
within 45 days of receiving the application. The application is deemed denied if the Director
does not approve the application within 45 days of receiving the application.

D. An approved Major Event Organizer or its designee must submit to the Director, no later
than 90 days prior to the Major Event, a detailed project sign plan application containing the
following information:

1. Site plans, building elevations, or photo simulation that shows the placement of
the signs and architectural lighting where temporary signs will be erected or placed within the
Major Event Area.

2. Graphic rendering of the temporary signs depicting their lettering, illumination,
color, shape, area, and height.

3. Details regarding any proposed animation or changeable messages, including
the duration of each message and intensity of illumination.

4. Proposed hours for illumination of the temporary signs.

5. Proposed placement dates of the temporary signs.

6. Payment of a detailed project sign plan fee in Appendix A of the Zoning
Ordinance of the City of Phoenix.

7. Any other relevant information requested by the Planning and Development
Department.

E. The Director will review and render a decision on an application within 15 working days
of receipt of a completed detailed project sign plan application. The Director will approve such
application only if the proposed temporary signs comply with the following:

1. Do not include portable “A” frame signs, pennants, streamers, or other similar
devices.

2. Do not encroach into public right-of-way or other traffic visibility zones at corners
or driveways.




Page 106
3. Balloon signs are securely fastened, set back from the property line at least one
foot for each foot of the balloon height measured from the abutting street level, and do
not project above the roofline.

4. Banners are secured to a solid structure and have a minimum clearance of eight
feet above grade if placed above an area open for the common or general public use.
The banner must withstand wind pressure from any direction and does not project above
the roofline.

5. Illuminated and animated signs must be turned off between the hours of 1 am
and 8 am.

6. The durability of the material proposed for the temporary sign, banner, or
architectural lighting is appropriate for the intended life span of the sign, banner, flag, or
architectural lighting.

7. Complies with all applicable codes and ordinances, including the Construction
Code and Fire Prevention Code.

8. Does not constitute a danger to the public health, safety, and welfare.

9 Does not create a nuisance and visual clutter to the Major Event Area.

F. No temporary sign permitted by the detailed project sign plan can be erected, installed,
or placed without first obtaining the required sign permit. The type, location, and
duration of the temporary sign must be consistent with the approved detailed project sign
plan.




Page 107
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Page 108



Report

Whelen Automotive Products - IFB 18-316 - Amendment (Ordinance S-50161)

Request to authorize the City Manager, or his designee, to execute amendment to
Contract 148506 with Kenco OR LLC, dba LSH Lights to extend Contract term and
allow additional expenditures. Further request to authorize the City Controller to
disburse all funds related to this item. The additional expenditures will not exceed
$50,000.

Summary
This contract will provide the Fire Department with emergency lighting and associated
products for fire apparatus and for use at emergency scenes. The emergency lighting
on the apparatus warns other drivers that an emergency vehicle is approaching or is
stopped for an emergency. Lighting at an emergency scene is critical in ensuring the
safety of firefighters, the public and patients.

Contract Term
Upon approval the contract will be extended through Sept. 30, 2024, with an option to
extend through Sept. 30, 2025.

Financial Impact
Upon approval of $50,000 in additional funds, the revised aggregate value of the
contract will not exceed $465,000. Funds are available in the Fire Department’s
budget.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
· Whelen Automotive Products Contract 148506 (Ordinance S-44990) on Sept. 19,
2018.
· Whelen Automotive Products Contract 148506 (Ordinance S-49081) on Oct. 26,
2022.

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




Page 109



Report

Agreement for Enhanced Mutual Aid in Fire and Emergency Services (Ordinance
S-50177)

Request City Council authorization for the City Manager, or his designee, to enter into
an agreement with the United States of America by the Secretary of the Air Force for
enhanced mutual aid in fire and emergency services. Further request authorization for
the City Treasurer to accept all funds related to this item.

Summary
This agreement aims to clearly identify the responsibilities and actions for emergency
service delivery between the Phoenix Fire Department and Luke Air Force Base. Luke
Air Force Base is a significant training base for the United States Air Force. The
Phoenix Fire Department has had a longstanding relationship with Luke Air Force
Base. Mutual aid agreements are common practice among fire departments across the
United States. The primary role of this agreement is to facilitate assistance across
jurisdictional boundaries if the emergency incident overwhelms the primary authority
having jurisdiction. Either party may request fire protection equipment and personnel
be dispatched by the other in the event of such an emergency.

Contract Term
The term of the agreement shall commence upon execution and continue for a term of
five years.

Financial Impact
It is not the intent for either party to seek reimbursement for providing mutual aid;
however, each party is permitted to seek reimbursement for expenses and losses over
normal operational costs incurred in the provision of mutual aid.

Location
Council District: Out of City

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




Page 110



Report

Agreements with Downtown Phoenix, Inc., and Grand Canyon University for the
Community Assistance Program (Ordinance S-50191)

Request to authorize the City Manager, or his designee, to execute agreements with
Downtown Phoenix, Inc., and Grand Canyon University for office space to support two
separate satellite locations of the Community Assistance Program. Further request
authorization for the City Controller to disburse all funds related to this item.

Additionally, request the City Council to grant an exception pursuant to Phoenix City
Code 42-20 to authorize inclusion in the agreements of indemnification and
assumption of liability provisions that otherwise would be prohibited by Phoenix City
Code 42-18 for this specific use.

Summary
The City's Community Assistance Program (CAP) was allocated $15 million in Fiscal
Year 2021-22 for the expansion of CAP to enhance accountability, responsiveness,
transparency, and public trust in responding to mental and behavioral health calls for
service. In expanding outreach, the multidisciplinary team identified an alternative
model to delivering crisis services through partnerships with community-based
organizations to improve service and response times. Fire has identified two sites for
placement of a Behavioral Health Unit and supervisory staff within the community to
allow for quicker response times and increased community engagement.

The first space, in partnership with Downtown Phoenix, Inc., (DPI) will be near the
corner of Central Avenue and Washington Street. DPI is establishing a community
resource hub at Cityscape which will include the following community partners: Valley
Metro, Community Bridges, Inc., and Downtown Phoenix Ambassadors. The space will
be provided at no cost and will include parking for the crisis van.

The second space, in partnership with Grand Canyon University (GCU), will be located
in the 27th Avenue Corridor. GCU will lease approximately 2,500 square feet of office
space to support CAP and the 27th Avenue Corridor Community Safety Plan. Annual
base rent for a gross lease is $30 per square foot, plus applicable taxes, which is
within the range of market rents as determined by the Real Estate Division. Additional


Page 111

fees for replacement access keys, if needed, will apply.

Each agreement is subject to cancellation pursuant to Arizona Revised Statutes
(A.R.S.) 38-511. Each agreement may contain insurance and indemnification
acceptable to the City's Risk Management Division and the Law Department, and may
contain other terms and conditions deemed necessary by the City.

Contract Term
The initial term for each agreement is two years, beginning on or about Oct. 1, 2023,
through Sept. 30, 2025, and will continue on a month-to-month basis thereafter with a
provision to terminate upon 30-day written notification.

Financial Impact
There is no financial impact for the DPI agreement.

The initial two-year agreement with GCU will not exceed $151,000, plus applicable
taxes, which includes rent and variable costs related to use.

Location
Near North Central Avenue and West Washington Street
Council District: 7

2657 W. Camelback Road
Council District: 4

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




Page 112



Report

Donation from the Hartford Insurance Company for Phoenix Fire Department
Community Involvement (Ordinance S-50188)

Request authorization for the City Manager, or his designee, to accept a donation of
$10,000 from the Hartford Insurance Company for the Phoenix Fire Department's
Community Involvement Section for use in safety education. Further request
authorization for the City Treasurer to accept, and for the City Controller to disburse, all
funds related to this donation. If not approved, the donation would be declined.

Summary
The Hartford Insurance Company wishes to express their appreciation for the Phoenix
Fire Department's service by donating $10,000 to the Department. The donation will be
used to enhance community safety through fire safety education, including but not
limited to the installation and distribution of smoke detection devices.

This request adheres to the Fire Department's charitable donations process.

Financial Impact
This donation does not require any matching funds. The funds will be used in
accordance with City policies.

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




Page 113



Report

Information Technology Project Management and Consulting Services - RFP 18-
050 - Amendment (Ordinance S-50160)

Request to authorize the City Manager, or his designee, to amend Contract 148622
with Barich, Inc. for Information Technology (IT) Project Management and Consulting
Services to extend the term of the contract. Further request to authorize the City
Controller to disburse all funds related to this item. The additional expenditures will be
up to $4,200,000.

Summary
The contract provides IT project management and consulting services for the planning,
design, and implementation of IT projects for the Aviation Department. The current
contractor, Barich, Inc., is actively involved in several complex multi-year projects,
including distributed antenna system, audio paging system replacement,
environmental management information system, SharePoint upgrade, employee
parking and green business partner initiative, Federal Aviation Administration Part 139
tracking and reporting tool, and the Customs and Border Protection biometric exit
program. Because many of these projects are in the critical implementation stage, it is
imperative to continue working with Barich and its assigned project staff to complete
the implementation and launch of these projects. Transitioning to a new contractor in
the middle of these projects would create disruptions, delay service launch, and
negatively impact many airport stakeholders. Aviation is diligently working with Barich
to complete key projects by the requested new expiration date. Additional funds are
necessary to continue working with Barich for the proposed two-year extension.

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

Contract Term
The contract extension is two years for a seven-year contract term.

Financial Impact
Additional funds in the amount of $4,200,000 will increase the value of the contract up
to $12,200,000 for the seven-year contract term. Funds are available in the Aviation
Department’s budget.


Page 114


Concurrence/Previous Council Action
The City Council previously reviewed this request:

· IT Project Management and Consulting Services Contract 148622 (Ordinance S-
45062) on Sept. 25, 2018.

Location
Phoenix Sky Harbor International Airport: 2485 E. Buckeye Road
Council District: 8

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




Page 115



Report

Automated Teller Machine License Agreement with Bank of America, National
Association, at Phoenix Sky Harbor International Airport and Rental Car Center
(Ordinance S-50168)

Request to authorize the City Manager, or his designee, to enter into a license
agreement with Bank of America, National Association (Bank of America) to continue
to provide Automated Teller Machine (ATM) services at Phoenix Sky Harbor
International Airport (PHX) and the Rental Car Center (RCC). Further request to
authorize the City Treasurer to accept all funds related to this item. The gross sales for
ATM services are estimated to generate $249,996 to the City over the term of the
license agreement.

Summary
The City Council authorized ATM Concession Agreement 146614 with Bank of America
in December 2017 to provide ATM services at PHX and RCC. This contract expired
Dec. 31, 2022. A temporary six-month license agreement was executed in January
2023 to ensure ATM services were available to airport customers while a new
solicitation was being developed. The temporary license agreement expired on June
30, 2023, before the completion of the new solicitation process. Staff is requesting
authorization to enter into a license agreement with Bank of America on a month-to-
month basis for up to 12 months or until a vendor is selected and awarded a new
concessions contract from the City’s solicitation process, whichever comes first. The
12 month term of the license agreement will be effective July 1, 2023.

Contract Term
The term of the license will be month-to-month for up to 12 months and will begin on
July 1, 2023.

Financial Impact
Bank of America will pay an estimated $20,833 per month, which will result in
approximately $249,996 revenue to the City over the term of the license.

Location
Phoenix Sky Harbor International Airport: 2485 E. Buckeye Road
Council District: 8


Page 116


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




Page 117



Report

Airfield Information Management Contract - RFA 24-007 - Request for Award
(Ordinance S-50172)

Request to authorize the City Manager, or his designee, to enter into a contract with
Saab Inc. to provide an airfield information management and collaborative decision
making software subscription through ongoing implementation of the Aerobahn suite of
products at Phoenix Sky Harbor International Airport (Airport). Further request to
authorize the City Controller to disburse all funds related to this item. The total value of
the contract will not exceed $1,950,000.

Summary
The contract will provide for ongoing licensing and operation and maintenance of the
Aerobahn system that assists with Airport operational decision making, gate utilization
management, gathering of performance statistics, and managing irregular operations
at the Airport. The Aerobahn system tracks aircraft on Airport runways and taxiways to
enhance safety, efficiency, situational awareness, and support playback of real-time
surveillance data. This capability is instrumental in managing diversions, researching
airfield incursions, identifying operational trends, and implementing new procedures
that mitigate delays and enhance airfield safety. The Aerobahn suite of products
includes Aerobahn Surface Manager, Global Flight Manager, Vehicle Tracking, and
Airport Status Dashboard.

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

Procurement Information
In accordance with Administrative Regulation 3.10, standard competition was waived
as a result of an approved Determination Memo based on Special Circumstances
Without Competition.

Contract Term
The term of the contract will begin on or about Oct. 1, 2023. The term is five years with
no options to extend.




Page 118

Financial Impact
The contract value will be up to $1,950,000 for the five-year contract term.

Funding is available in the Aviation Department's budget.

Location
Phoenix Sky Harbor International Airport. 2485 E. Buckeye Road, Phoenix Ariz.
Council District: 8

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




Page 119



Report

Access Control and Alarm Monitoring System Maintenance and Support
Contract - RFA 24-008 - Request for Award (Ordinance S-50173)

Request to authorize the City Manager, or his designee, to enter into a contract with
Honeywell International, Inc. (Honeywell) to provide annual maintenance and support,
software enhancement, and equipment upgrade for the Access Control and Alarm
Monitoring System (ACAMS) and related systems throughout Phoenix Sky Harbor
International Airport, Phoenix Deer Valley Airport, and Phoenix Goodyear Airport
(Airports). Further request to authorize the City Controller to disburse all funds related
to this item. The total value of the contract will be up to $8,200,000.

Summary
The contract will provide the Aviation Department with ongoing critical maintenance
and technical support of the ACAMS and mitigate potential security risk for the
Airports. ACAMS consists of physical security access portals (gates, doors, elevators,
etc.) that allow approximately 25,000 badged airport workers access to restricted
areas of the Airports to perform their jobs on a daily basis.

ACAMS is integrated with the Airports' Identity Management System. Both systems are
integral to managing all aspects of airport security badging, access control, and alarm
response to meet regulatory requirements prescribed by the Transportation Security
Administration. ACAMS integrates with Digital Video Manager (DVM) to utilize security
cameras for video call-up in conjunction with secure portal alarms for expedited alarm
incident resolution.

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

Procurement Information
In accordance with Administrative Regulation 3.10, standard competition was waived
as a result of an approved Determination Memo based on Special Circumstances
Without Competition. The existing ACAMS has significant remaining useful life and
does not require major life cycle replacements. It is in the best interest of the City to
continue contracting with Honeywell to provide maintenance and technical support for
the system. Honeywell is the only service provider authorized to maintain and support


Page 120

their proprietary system. Issuing a solicitation for a new system would be cost
prohibitive as it would require complete replacement of the existing system over a
period of five years with an estimated implementation cost over $20 million.

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

Financial Impact
The contract value will be up to $8,200,000 for the seven-year contract term.

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

Location
Phoenix Sky Harbor International Airport, 2485 E. Buckeye Road;
Phoenix Deer Valley Airport, 702 W. Deer Valley Road;
Phoenix Goodyear Airport, 1658 S. Litchfield Road, Goodyear, Ariz.
Council Districts: 1, 8, and Out of City

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




Page 121



Report

Electrical Services Requirements Contract - IFB 19-002 - Amendment (Ordinance
S-50180)

Request to authorize the City Manager, or his designee, to assign Contract 149383
(Contract) from H & B Electric, Inc. to Kind Electric, LLC, an Arizona limited liability
company. Further request to authorize the City Manager, or his designee, to execute
an assignment of the Contract, as necessary and within the City Council-approved
expenditure authority. Additionally, request to authorize the City Manager, or his
designee, to continue to use Ordinance S-45380 for Contracts 149382 and 149383.
Any remaining funds authorized by previous City Council action, including S-45380,
may be applied to the Contract.

Summary
The Contract will provide electrical labor, materials, supplies, and equipment on an as-
needed basis for Phoenix Sky Harbor International Airport, Phoenix Goodyear Airport,
and Phoenix Deer Valley Airport. If approved, H & B Electric, Inc., as assignor, will
assign the Contract to Kind Electric, LLC, as assignee, effective Sept. 20, 2023.

Contract Term
The Contract term remains unchanged, expiring on Feb. 19, 2024.

Financial Impact
The aggregate value of the Contract will remain unchanged and no additional funds
are needed.

Concurrence/Previous Council Action
The City Council previously reviewed this request:
· Electrical Services Requirements Contract 149383 (Ordinance S-45380) on Feb.
20, 2019.

Location
Phoenix Sky Harbor International Airport, 3400 E. Sky Harbor Blvd.;
Phoenix Goodyear Airport, 1658 S. Litchfield Road, Goodyear, Ariz.;
Phoenix Deer Valley Airport, 702 W. Deer Valley Road.
Council Districts: 1, 8 and Out of City


Page 122


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




Page 123



Report

Acquisition of Easements for Bus Stop Enhancements Along Northern Avenue,
East of 27th Avenue (Ordinance S-50158)

Request to authorize the City Manager, or his designee, to acquire easements
required by donation, purchase within the City's appraised value or by the power of
eminent domain for bus stop enhancements along Northern Avenue, east of 27th
Avenue. Further request to authorize the City Controller to disburse all funds related to
this item.

Summary
Acquisition is required to enhance the existing bus stop along the southern side of
Northern Avenue, east of 27th Avenue. Bus stop enhancements include a transit pad
and shelter in compliance with American with Disabilities Act (ADA). The City recently
received complaints regarding limited ADA accessibility for the bus stop at this
location. Making this bus stop ADA compliant requires acquisition of this proposed
easement.

The parcels affected by this project and included in this request are identified by
Maricopa County Assessor's parcel numbers 157-29-001 located at 7835 N. 27th Ave.,
and 157-29-002A located at 2627 W. Northern Ave.

Financial Impact
Funding is available in the Public Transit Department's Capital Improvement Program
budget.

Location
Along the southern side of Northern Avenue, east of 27th Avenue.
Council District: 5

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




Page 124



Report

Public Transit Financial Advisory Services Contract PTD23-003 - Request for
Award (Ordinance S-50183)

Request to authorize the City Manager, or his designee, to enter into a contract with
PFM Financial Advisors LLC to provide financial advisory services for the Public
Transit Department. Further request to authorize the City Controller to disburse all
funds related to this item. The total value of the contract will not exceed $260,000 over
the 10-year life of the contract.

Summary
This contract will provide financial advisory services to periodically update the
Transportation 2050 Plan (T2050) financial planning model used by City staff to
monitor the financial results of plan activities and forecasting future revenues,
expenditures, and fund balances to reflect current financial conditions. The financial
planning model is critical to the delivery of T2050 improvements, considering
upcoming changes to regional transportation funding. The firm also provides expertise
in federal transportation loan and grant programs, as well as advisory services for
financing solutions.

Procurement Information
In accordance with Administrative Regulation 3.10, standard competition was waived
as a result of an approved Determination Memo based on Special Circumstances
Without Competition.

Contract Term
The contract will begin on or about Oct. 1, 2023 for a 10-year term.

Financial Impact
The contract value will not exceed $260,000. Funding is available in the T2050 fund.

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




Page 125



Report

Fleet Vehicle Accessories and Installation, Including Police Up-Fitting Contract -
IFB 24-FSD-013 - Request for Award (Ordinance S-50153)

Request to authorize the City Manager, or his designee, to enter into separate
contracts with Airwave Communications Enterprises, Arizona Emergency Products,
Inc., Hyper Customs, LLC dba Arizona Truck Pros, Automotive Custom Lighting, LLC,
Don Chalmers Ford Inc. dba MHQ of Arizona, J.B. Poindexter & Co, Inc. dba Reading
Truck Equipment, Kenco OR, LLC dba LSH Lights, Pride Outfitting, LLC, to provide
fleet vehicle accessories and installation, as well as vehicle up-fitting. Further request
to authorize the City Controller to disburse all funds related to this item. The total value
of the contracts will not exceed $17,214,600.

Summary
The Public Works Department is responsible for maintaining a fleet of 7,300 vehicles
and pieces of equipment and up-fits vehicles for departments Citywide and this
contract will provide the ability to purchase and install accessories. The Aviation
Department also manages their fleet of about 450 vehicles and will use for the same
purpose. These contracts provide for essential up-fitting and vehicle installations for
City fleet including tool boxes, bed liners, lift gates, auxiliary lighting, prisoner cages,
etc. Due to the volume and variety of up-fitting requirements, an outside provider has
been used historically to manage these services.

Procurement Information
An Invitation for Bid procurement was processed in accordance with City of Phoenix
Administrative Regulation 3.10. The Public Works Department, Procurement Section
received nine offers over the various two groups, with eight deemed responsive and
responsible. Group I - Police Up-fitting; Group II - Fleet Accessories to include bid
items for Lighting, Push Bumpers, Truck Accessories, Cargo Management Systems,
Lift Gates, Truck Cranes and Bed Covers. Group I - Police Up-fitting was based on a
total cost of seven Police vehicle up-fits, with Group II having vendors provide a
percentage discount or mark-up on accessories. Due to the high volume of fleet
vehicles needing accessories and up-fitting, it is recommended that all bids received
be awarded to manage the volume and expedite service for customers. Groups are
awarded as follows:



Page 126

Group I - Airwave Communications Enterprises, Arizona Emergency Products, Inc.,
MHQ of Arizona, LSH Lights, Pride Outfitting, LLC
Group II
Bid Item 1- Airwave Communications Enterprises, Arizona Emergency Products, Inc.,
Arizona Truck Pros, Automotive Custom Lighting, LLC, MHQ of Arizona, Reading
Truck Equipment, LSH Lights, Pride Outfitting, LLC
Bid Item 2 - Airwave Communications Enterprises, Arizona Emergency Products, Inc.,
Arizona Truck Pros, Automotive Custom Lighting, LLC, MHQ of Arizona, Reading
Truck Equipment, LSH Lights, Pride Outfitting, LLC
Bid Item 3 - Airwave Communications Enterprises, Arizona Emergency Products, Inc.,
Arizona Truck Pros, Automotive Custom Lighting, LLC, MHQ of Arizona, Reading
Truck Equipment, LSH Lights, Pride Outfitting, LLC
Bid Item 4 - Arizona Emergency Products, Inc., Arizona Truck Pros, Reading Truck
Equipment, LSH Lights, Pride Outfitting, LLC
Bid Item 5 - Arizona Emergency Products, Inc., Arizona Truck Pros, Reading Truck
Equipment, Pride Outfitting, LLC
Bid Item 6 - Reading Truck Equipment, Pride Outfitting, LLC

See Attachment A for full bid recommendations.

Contract Term
The contracts will begin on or about Oct. 1, 2023 for an initial three-year term with two
one-year options to extend in increments of up to one year, for a total contract term of
five years.

Financial Impact
The value of the contracts will not exceed $17,214,600.

Funds are available in the Aviation and Public Works departments' budgets.

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




Page 127
ATTACHMENT A
IFB 24-FSD-013
FLEET VEHICLE ACCESSORIES AND INSTALLATION, INCLUDING POLICE VEHICLE UP-FITTING
REQUIREMENTS CONTRACT




Airwave Arizona Don Chalmers Ford J.B. Poindexter & Co,
Communications Emergency Automotive Custom Inc. dba MHQ of Inc DBA Reading Truck KENCO OR. LLC dba
GROUP I - POLICE UP-FITTING Enterprises Products Arizona Truck Pros Lighting, LLC Arizona Equipment LSH LIGHTS PRIDE OUTFITTING, LLC
RECOMMENDED X X X X X
TOTAL $127,134.60 $137,304.24 NO BID $44,358.41 $130,590.21 NO BID $125,912.08 $125,267.79
GROUP II - BID ITEM 1 - LIGHTING
RECOMMENDED X X X X X X X X
ECCO GROUP 10% 15% 20% LESS JOBBER NO BID 5% 43.50% 20% 20%
FEDERAL SIGNAL 25% 25% 15% LESS LIST NO BID 35% 24% 35% 35%
CODE 3 20% 20% 20% LESS JOBBER NO BID 5% NO BID 30% 20%
SOUND OFF SIGNALS 52% 47% 30% LESS LIST 30% 35% NO BID 35% 35%
WHELEN ENGR, 25% 25% 35% LESS LIST NO BID 35% 29% 40% 30%
ABLE 2 PRODUCTS/SHO-ME
LIGHTING 20% 27% NO BID NO BID 5% NO BID 35% 20%
20% LESS LIST
TOMAR
ALTERNATE ELECTRONICS 56% BUYERS PRODUCTS 30% TOMAR ELECTRONICS 22% TOMARE ELECTRONICS
ALTERNATE 50% TOMAR ELECTRONICS 30% STAR/SVP MAP FENIEX
ALTERNATE 43% MAXXIMA 10% FIREWIRE 15% BROOKING TECHNOLOGIES
ALTERNATE 30% BOOKING TECH
ALTERNATE 20% D&R ELECTRONICS
GROUP II - BID ITEM 2 - PUSH
BUMPERS
RECOMMENDED X X X X X X X X
SETINA 15% 5% NO BID NO BID 20% 28% 20% 15%
HAVIS EQUIP 20% 20% 15% LESS LIST NO BID 15% 28% 30% 18%
TROY PROD. 25% 20% NO BID 20% 15% NO BID 30% 25%
B&B ENTERPR. 25% 20% NO BID NO BID 20% 47% 30% 20%
10% LESSLIST
Page 128
ALTERNATE 25% WESTIN RANCH HAND 50% DIVERSIFIED 25% WESTIN 25% GAMBER-JOHNSON
ALTERNATE 25% WEISER SOLUTIONS 15% LESS LIST WESTIN 50% IRON BULL 20% PRO-GARD 20% PRO-GARD
ALTERNATE 10% BLAC RAC 35% FEDERAL-SIGNAL
GROUP II - BID ITEM 3 - TRUCK
ACCESSORIES
RECOMMENDED X X X X X X X X
GAMBER-JOHNSON 20% 20% 25% LESS LIST 20% 15% 35% 10% 25%
PRECISION MOUNTING 20% 0% NO BID NO BID 5% NO BID NO BID 5%
RAMSEY WINCH NO BID 0% NO BID NO BID NO BID 32.50% NO BID 5%
WARN INDUSTRIES NO BID 0% 20 LESS MSRP NO BID NO BID 32.50% 10% 5%
SPRAY-IN BED LINER NO BID 0% NO BID NO BID NO BID 50% NO BID 5%
TOW PACKAGE NO BID 0% 30% LESS LIST NO BID NO BID 61% NO BID 5%
15% AMERICAN 15% LESS LIST
ALTERNATE ALUMINUM WESTIN 50% ACME PRODUCTS 5% MAGNETIC MIC 10% WANCO
ALTERNATE 64% RAM (PACIFIC) PRODUCT 10% PANORAMA 15% WLSAG (SELEXES)
ALTERNATE 29% B&W 20% TALLEY 10% ROUGH COUNTRY
ALTERNATE 20% EGIS MOBILE
ALTERNATE 25% ANGLE ARMOR
GROUP II - BID ITEM 4 - CARGO
MANAGEMENT SYSTEMS
RECOMMENDED X X X X X
WEATHER GUARD NO BID 0% 20% OFF TRADE NO BID NO BID 53% 10% 5%
TRADESMAN NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID
HIGHWAY PRODUCTS NO BID 0% NO BID NO BID NO BID NO BID NO BID 3%
ADRIAN STEEL NO BID 0% NO BID NO BID NO BID NO BID NO BID 3%
KARGO MASTER NO BID 0% 25% LESS LIST NO BID NO BID 48% 12% 10%
MASTERRACK NO BID 0% NO BID NO BID NO BID 48% 12% 3%
RKI NO BID 0% 5% LESS LIST NO BID NO BID 53% 12% 10%
LADDER RACKS NO BID 0% 30% PLUS DEALER NO BID NO BID 48.50% NO BID 3

DEALER MAP PRICING
DECKED/CARGO
ALTERNATE GLIDE 52% PRIME DESIGN 15% BACKRACK 12% DECKED
ALTERNATE 56% BUYERS PRODUCTS
Airwave Arizona J.B. Poindexter & Co,
Communications Emergency Automotive Custom Chalmers Fod Inc. dba Inc DBA Reading Truck KENCO OR. LLC dba
GROUP II - BID ITEM 5 - LIFT GATES Enterprises Products Arizona Truck Pros Lighting, LLC MHQ of Arizona Equipment LSH LIGHTS PRIDE OUTFITTING, LLC
RECOMMENDED X X X X
MAXON NO BID 0% 25% PLUS DEALER NO BID NO BID 31% NO BID 3%
WALTCO NO BID 0% NO BID NO BID NO BID 32% NO BID NO BID
VVV NO BID 0% NO BID NO BID NO BID 39% NO BID 3%
EAGLE LIFT NO BID 0% NO BID NO BID NO BID NO BID NO BID NO BID
ALTERNATE 28% PALFINGER
GROUP II - BID ITEM 6 - TRUCK
CRANES
RECOMMENDED X X
AUTO CRANE NO BID NO BID NO BID NO BID NO BID 32% NO BID NO BID
LIFTMOORE NO BID NO BID NO BID NO BID NO BID 32% NO BID NO BID
RKI NO BID NO BID NO BID NO BID NO BID 53% NO BID NO BID
ALTERNATE 29% STELLAR 5% STELLAR
ALTERNATE 32% SPITZLIFT MANUF.
ALTERNATE 50% WESTERN MULE CRANES
GROUP II - BID ITEM 7 - BED
COVERS
RECOMMENDED X X X X X
CAMPER SHELL - ALUMINUM NO BID 0% 35% PLUS DEALER NO BID NO BID 42.50% 2% 3%
CAMPER SHELL - STEEL NO BID 0% RETIAL MAP PRICING NO BID NO BID 42.50% 2% 3%
CAMPER SHELL - FIBERGLASS NO BID 0% 35% PLUS DEALER NO BID NO BID 42.50% 2% 3%
TONNEU COVER NO BID 0% MAP PRICING NO BID NO BID 42.50% 2% 3%
H.D.ROLL-UP BED COVER NO BID 0% 10% LESS MSRP NO BID NO BID 53% 2% 6%
MAP PRICING
ALTERNATE UNDERCOVER 53% ROLL-N-LOCK 12% BAK INDUSTRIES




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Report

Citywide General Construction - Job Order Contracting Services - Amendment -
4108JOC209 (Ordinance S-50175)

Request to authorize the City Manager, or his designee, to execute an amendment to
Master Agreement 156753 with McCarthy Building Companies, Inc. to provide
continued General Construction Job Order Contracting Services for capital projects
citywide and to authorize execution of a Job Order Agreement in an amount not to
exceed $8 million for the 27th Avenue Transfer Station Material Recovery Facility
Upgrade project. Further request to authorize execution of amendments to the
agreement as necessary within the Council-approved expenditure authority as
provided below, and for the City Controller to disburse all funds related to this item.

Summary
The purpose of this project is to upgrade the existing Material Recovery Facility (MRF).
The facility was originally commissioned in 1998 and additions to the facility and
limited upgrades were made in 2013, but the essential equipment and associated
facility infrastructure remained the same. Over 20 years of use as municipal recycling
facility has caused significant wear on the MRF area infrastructure, and revolutionary
advances in automated recycling equipment during that time has led to the need for a
significant upgrade in the area intended to house the new state-of-the-art equipment
currently contracted with Machinex. Installation will happen in the fall of 2023 with a
start up in the spring of 2024.

This amendment is necessary to provide all the infrastructure upgrades to support the
new operation. The upgrades include: a new electrical distribution system; extensive
structural concrete systems and large-scale floor replacements; mechanical system
upgrades; fire alarm system modifications; and complete lighting system modifications.
Use of a Job Order Contract (JOC) construction services contract allows the City to
address the specialized aspects of the project and timeline requirements to ensure that
the facility experiences minimal down time to recycling operations. This amendment
will allow for issuance of a job order agreement to McCarthy Building Companies, Inc.
for an amount not to exceed $8 million for the 27th Avenue Transfer Station MRF
Replacement project.




Page 130

Contract Term
The term of the Master Agreement remains unchanged. Work scope identified and
incorporated into the agreement prior to the end of the term may be agreed to by the
parties and work may extend past the termination of the agreement. No additional
changes may be executed after the end of the term.

Financial Impact
The initial Master Agreement for Job Order Contracting Services was approved for an
amount not to exceed $15 million, including all subcontractor and reimbursable costs.
This amount remains unchanged.

Funding for this amendment is available in the Public Works Department's Capital
Improvement Program budget. The Budget and Research Department will separately
review and approve funding availability prior to execution of any job order agreements.
Payments may be made up to agreement limits for all rendered agreement services,
which may extend past the agreement termination.

Concurrence/Previous Council Action
· The City Council passed JOC Master Agreement 156753 (Ordinance S-48850) on
July 1, 2022.
· The City Council passed Amendment 1 (Ordinance S-49602) on April 19, 2023.

Location
3060 S. 27th Ave.
Council District: 7

Responsible Department
This item is submitted by Deputy City Managers Alan Stephenson and Mario
Paniagua, the Public Works Department and the City Engineer.




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Report

Acquisition of Real Property for Roadway Improvements along Alta Vista Road
and Encinas Lane from 26th Avenue to 19th Street (Ordinance S-50159)

Request to authorize the City Manager, or his designee, to acquire all real property
and related property interests required by donation, purchase within the City's
appraised value, or by the power of eminent domain for roadway improvements along
Alta Vista Road and Encinas Lane from 26th Avenue to 19th Street. Further request to
authorize dedication of land with roadway and/or public improvements to public use for
right of way purposes via separate recording instrument. Additionally, request to
authorize the City Controller to disburse all funds related to this item.

Summary
The acquisition of real property is required for the construction of roadway
improvements to enhance roadway and sidewalk conditions for pedestrians, bicyclists
and vehicular traffic. Improvements include Americans with Disabilities Act (ADA)
compliant sidewalks, street lighting, curbs and gutters.

The parcels affected by this project are identified in Attachment A.

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

Location
Along Alta Vista Road and Encinas Lane from 26th Avenue to 19th Street.
Council Districts: 7 and 8

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




Page 132
ATTACHMENT A
Property Identification

Real Property for Roadway Improvements Along Alta Vista Road and Encinas
Lane From 26th Avenue to 19th Street.

The following improved and/or unimproved parcels affected by acquisition and
included in this request are identified by the Maricopa County Assessor’s parcel
number (APN) and the address or location.

APN Address / Location
114-01-013 6246 S. 7th St.
114-01-015 551 E. Southern Ave.
114-01-018B 314 E. Alta Vista Rd.
114-01-019A 336 E. Alta Vista Rd.
114-02-008 122 E. Alta Vista Rd.
114-02-009 116 E. Alta Vista Rd.
114-02-017 212 E. Alta Vista Rd.
114-02-039 226 E. Alta Vista Rd.
114-02-061 22 E. Alta Vista Rd.
114-02-074A 6247 S. 1st St.
114-07-102A 6401 S. Central Ave.
114-07-103 201 E. Alta Vista Rd.
114-07-105 211 E. Alta Vista Rd.
114-07-106A 219 E. Alta Vista Rd.




1 of 1
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Report

Amend Ordinance S-49159 for Acquisition of Real Property for Roadway
Improvements at the Intersection of 5th Avenue and Chambers Street
(Ordinance S-50163)

Request the City Council amend Ordinance S-49159 for authorization to acquire
additional real property and related property interests required for roadway
improvements at the intersection of 5th Avenue and Chambers Street.

Summary
Ordinance S-49159 authorized the acquisition of real property and related property
interests for the widening and installation of roadway improvements at the
intersection of 5th Avenue and Chambers Street. Two parcels affected by
acquisition were not identified during preliminary design and are necessary to
accommodate project construction. All other conditions and stipulations previously
stated in Ordinance S-49159 remain the same.

The additional parcels affected by this project and included in this request are
identified by Maricopa County Assessor's parcel numbers 113-38-032 located at
508 W. Sunland Ave., and 113-38-042G located at 514 W. Sunland Ave.

Financial Impact
Funding is available in the Streets Transportation Department's Capital
Improvement Program budget.

Concurrence/Previous Council Action
Ordinance S-49159 was adopted on Nov. 16, 2023.

Location
Intersection of 5th Avenue and Chambers Street.
Council District: 7

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


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Report

Parking Pay-by-Phone Agreement - Amendment (Ordinance S-50164)

Request to authorize the City Manager, or his designee, to execute an amendment to
Contract 146492 with ParkMobile, LLC to extend the contract term. Further request to
authorize the City Treasurer to accept all funds related to this ordinance. No additional
funds are needed; request to continue using Ordinance S-43909.

Summary
This contract provides for Parking Pay-by-Phone services for individuals who wish to
pay for parking meters in the downtown area using a smart phone. The existing
contract will expire Nov. 30, 2023. Additional time is needed in order to allow the Street
Transportation Department to develop a new revenue contract solicitation without
interruption in service. The scope of work for services is being expanded to incorporate
enforcement functionalities to reduce the need for a law enforcement officer to have to
go into a different software program to see if a parking meter has been paid, deploy
enhancements, and collect data and incorporate into a parking master plan. This
service is critical to the City's efforts to provide parking options in the downtown area.

Contract Term
Upon approval, the contract will be extended through June 30, 2024, with an option to
extend through June 30, 2025.

Financial Impact
This is a revenue-generating contract. The estimated annual income is approximately
$575,000 from credit card based transactions via smart phone. There is no financial
cost to the City. Convenience fees are paid by the end user paid directly to the Pay-by-
Phone services contractor. No additional funds are needed.

Concurrence/Previous Council Action
The City Council previously approved Parking Pay-by-Phone Agreement 146492
(Ordinance S-43909) on Sept. 20, 2017.

Location
The parking meters are located in downtown Phoenix.
Council Districts: 7 and 8


Page 135


Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Street
Transportation Department.




Page 136



Report

Street Transportation Department Public Outreach and Community Engagement
Services - RFQu 63-2001 - Amendment (Ordinance S-50165)

Request to authorize the City Manager, or his designee, to execute an amendment to
Contracts 151323 with Gunn Communications, Inc.; 151324 with HDR Engineering,
Inc.; 151322 with InRoads Info, Inc.; 151325 with REISTER Sonoran, LLC; 151326
with Urias Communications, LLC; and 151327 with Your Project Marketing and
Outreach, LLC to allow additional expenditures for public outreach and community
engagement services on an as-needed basis for the Street Transportation Department.
The additional expenditures will not exceed $600,000. Further request to authorize the
City Controller to disburse all funds related to this item.

Summary
The Street Transportation Department uses contracted public engagement firms to
assist with capital improvement projects and projects that affect large numbers of
parcels. Enhanced public engagement helps shape projects and create awareness for
people who may be temporarily affected by the construction. The current contracts
allow us to effectively problem-solve, obtain temporary construction easements,
provide public notification, prepare public meeting materials and operate project
hotlines. Additionally, the contracted firms provide graphic design and multimedia
support to help us reach broad and diverse audiences regarding transportation-related
programs, projects and services.

The current contracts provide public outreach and community engagement services
such as effective message development, use of multiple media formats including
graphic and oral communications to broad and diverse audiences regarding street
transportation related issues, programs and projects. The existing contracts will expire
Jan. 31, 2025.

Additional funds are needed to support added initiatives associated with increased
grant funding from the Governor's Office of Highway Safety, as well as expanded
outreach on programs such as the Vision Zero Roadway Safety Action Plan, Active
Transportation, Shared Micromobility, and CoolPavement.




Page 137

Contract Term
The term of the existing contracts will remain unchanged and end on Jan. 31, 2025.

Financial Impact
This amendment will increase the authorization for these agreements by an additional
$600,000 for a new total aggregate not-to-exceed value of $2.1 million. Funds are
available in the Street Transportation Department's Capital Improvement Budget.

Concurrence/Previous Council Action
The City Council previously reviewed Public Outreach and Community Engagement
RFQu 63-2001 (Ordinance S-46184) on Nov. 20, 2019.

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Street
Transportation Department.




Page 138



Report

Agreement with BNSF Railway for Safety Improvements at Two BNSF Railroad
Crossings (Ordinance S-50182)

Request authorization for the City Manager, or his designee, to enter into an
Agreement with BNSF Railway for the City to design and construct safety
improvements at two intersections with BNSF railroad crossings: 43rd Avenue and
Camelback Road, and 19th Avenue and McDowell Road. Further request the City
Council to grant an exception pursuant to Phoenix City Code section 42-20 to
authorize indemnification and assumption of liability provisions that otherwise would be
prohibited by Phoenix City Code section 42-18. Further request the City Controller to
disburse all funds related to this item.

Summary
The project will upgrade two large railroad crossings to provide medians and gate
arms to prevent vehicles from stopping on the tracks when a train is approaching the
crossing. These crossings are not currently protected by gate arms; they only have
cantilever signals. This creates a situation where cars and trucks routinely stop on the
tracks while waiting for the traffic signal to change, leading to collisions along the
tracks. This project has a mutual benefit for both BNSF Railway and the City by
utilizing both technology and modifications to the right-of-way to improve safety. The
project was awarded FY2021 Consolidated Rail Infrastructure and Safety
Improvements grant program funds by the Federal Railroad Administration (FRA).

Contract Term
The agreement will be effective on the date it is executed by all the governing
organizations and shall remain in effect until all stipulations previously indicated have
been satisfied.

Financial Impact
The City will reimburse the actual costs and expenses that BNSF Railway incurs in
performing their work related to the project in an amount not to exceed $100,000. The
total cost of the project including design, construction, and administration is
$10,120,937. The FRA-awarded grant will contribute up to 70 percent of the total
project cost, not to exceed $7,084,656. The non-federal contribution is comprised of
local match funds available in the Street Transportation Department’s Capital


Page 139

Improvement Program budget valued at $3,036,281. Any additional expenses required
beyond that provided in the Agreement to complete the project will be the funded by
the City of Phoenix.

Location
43rd Avenue and Camelback Road, and 19th Avenue and McDowell Road.
Council Districts: 4, 5 and 7

Responsible Department
This item is submitted by Deputy City Manager Alan Stephenson and the Street
Transportation Department.




Page 140



Report

Salt River Project Land Use and Construction Licenses for Water Services Main
Replacement Project - WS85509108 (Ordinance S-50166)

Request to authorize the City Manager, or his designee, to enter into both a Land Use
License and a Construction License with Salt River Project for work associated with
area bounded by Bethany Home to Camelback roads, 24th to 32nd streets. Further
request the City Council 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.

Summary
The Water Services Department is installing a new 12 inch water main in the area
bounded by Bethany Home to Camelback roads and 24th to 32nd streets. The
purpose of the Salt River Project (SRP) Land Use License is to allow the City to
construct and maintain the new waterline along the Arizona Canal. The purpose of the
SRP Construction License is to allow the waterline to cross under existing SRP
Irrigation facilities. The work associated with this license is in conjunction with City
Project WS85509108.

Contract Term
The term of the Land Use License shall be for 15 years beginning Oct. 1, 2023, and
ending Sept. 30, 2038. The term of the Construction License is one year, effective
when the City begins construction on or about Sept. 5, 2023.

Financial Impact
There is no financial impact to the City of Phoenix for these licenses.

Location
Bethany Home Road to Camelback Road and 24th Street to 32nd Street
Council District: 6




Page 141

Responsible Department
This item is submitted by Deputy City Managers Alan Stephenson and Ginger
Spencer, the Water Services Department and the City Engineer.




Page 142



Report

Booster Pump Stations Rehabilitation and Replacement - Engineering Services
Amendment - WS85100032 (Ordinance S-50178)

Request to authorize the City Manager, or his designee, to execute an amendment to
Agreement 150121 with Wilson Engineers, LLC, to provide additional Engineering
Services for the Booster Pump Stations Rehabilitation and Replacement project.
Further request to authorize execution of amendments to the agreement as necessary
within the Council-approved expenditure authority as provided below, and for the City
Controller to disburse all funds related to this item. The additional fee for services
included in this amendment will not exceed $300,000.

Summary
The purpose of this project is to rehabilitate or replace six booster pump stations
(BPS), including summarizing and prioritizing the BPS as part of the capital
improvement projects over the next several years. The proposed sites will require
extensive coordination with Operations and other divisions, including potentially
performing construction activities in parallel at multiple sites within a tight construction
schedule.

This amendment is necessary because additional time is needed to complete
construction administration and inspection services for the electrical rehabilitation at
BPS 1-B3. This amendment will provide additional funds and time to the agreement.

Contract Term
The term of the agreement amendment is three years from the issuance of the Notice
to Proceed. Work scope identified and incorporated into the agreement prior to the end
of the term may be agreed to by the parties, and work may extend past the termination
of the agreement. No additional changes may be executed after the end of the term.

Financial Impact
· The initial agreement for Engineering Services was approved for an amount not to
exceed $1,475,000, including all subconsultant and reimbursable costs.
· This amendment will increase the agreement by an additional $300,000, for a new
total amount not to exceed $1,775,000, including all subconsultant and



Page 143

reimbursable costs.

Funding for this amendment is available in the Water Services Department's Capital
Improvement Program budget. The Budget and Research Department will separately
review and approve funding availability prior to the execution of any amendments.
Payments may be made up to agreement limits for all rendered agreement services,
which may extend past the agreement termination.

Concurrence/Previous Council Action
The City Council approved:
· Engineering Services Agreement 150121 (Ordinance S-45709) on June 5, 2019.

Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Alan
Stephenson, the Water Services Department and the City Engineer.




Page 144



Report

Water Services Department Process Control On-Call Services (Ordinance S-
50155)

Request to authorize the City Manager, or his designee, to enter into separate
agreements with the three consultants listed below, to provide Process Control On-Call
services citywide for the Water Services Department. Further request to authorize
execution of amendments to the agreements as necessary within the Council-
approved expenditure authority as provided below, and for the City Controller to
disburse all funds related to this item. The total fee for all services will not exceed $9
million.

Additionally, request to authorize the City Manager, or his designee, to take all action
as may be necessary or appropriate and to execute all design and construction
agreements, licenses, permits, and requests for utility services relating to the
development, design, and construction of the project. Such utility services include, but
are not limited to: electrical, water, sewer, natural gas, telecommunications, cable
television, railroads and other modes of transportation. Further request the City
Council 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 should be prohibited by Phoenix City
Code 42-18. This authorization excludes any transaction involving an interest in real
property.

Summary
The On-Call consultants will be responsible for providing On-Call Process Control
services that include, but are not limited to: design of process control systems,
including integration into current control systems, and adding or upgrading
instrumentation and control elements; design of the refurbishment or replacement of
electrical and process control panels, remote terminal units, programmable logic
controllers and remote input/output panels; design for electrical distribution systems
improvements; design of conduit and duct bank installations for power and control
wiring and fiber optic cables; design services to install perimeter walls, antenna and
camera poles, concrete pads, sunshield canopies and other physical infrastructure
necessary for the installation of process control equipment and electronic security
systems; and provide construction administration and inspection services citywide.


Page 145


Procurement Information
The selections were made using a qualifications-based selection process set forth in
section 34-604 of the Arizona Revised Statutes (A.R.S.). In accordance with A.R.S.
section 34-604(H), the City may not publicly release information on proposals received
or the scoring results until an agreement is awarded. Nine firms submitted proposals
and are listed below:

Selected Firms
Rank 1: Black & Veatch Corporation
Rank 2: Arcadis U.S., Inc.
Rank 3: OZ Engineering, LLC

Additional Proposers
Rank 4: Wilson Engineers, LLC
Rank 5: Brown and Caldwell, Inc.
Rank 6: EIC Engineers, LLC
Rank 7: Kimley-Horn and Associates, Inc.
Rank 8: Gannett Fleming, Inc.
Rank 9: Quantum Integrated Solutions

Contract Term
The term of each agreement is up to five years, or up to $3 million, whichever occurs
first. Work scope identified and incorporated into the agreement prior to the end of the
term may be agreed to by the parties, and work may extend past the termination of the
agreement. No additional changes may be executed after the end of the term.

Financial Impact
The agreement value for each of the On-Call consultants will not exceed $3 million,
including all subconsultant and reimbursable costs. The total fee for all services will not
exceed $9 million.

Funding is available in the Water Services Department’s Capital Improvement Program
and Operating budgets. The Budget and Research Department will review and
approve funding availability prior to issuance of any On-Call task order of $100,000 or
more. Payments may be made up to agreement limits for all rendered agreement
services, which may extend past the agreement termination.

Responsible Department
This item is submitted by Deputy City Managers Ginger Spencer and Alan
Stephenson, the Water Services Department and the City Engineer.


Page 146



Report

Final Plat - SEC Bell Road & 21st Avenue - PLAT 230005 - Southeast Corner of
Bell Road and 21st Avenue

Plat: 230005
Project: 18-1329
Name of Plat: SEC Bell Road & 21st Avenue
Owner: Sunbelt Bell 17, LP
Engineer: James M. Williamson, RLS
Request: A Two-Lot Commercial Plat
Reviewed by Staff: Aug. 18, 2023
Final Plat requires Formal Action Only

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

Location
Generally located at the southeast corner of Bell Road and 21st Avenue
Council District: 3

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




Page 147



Report

Final Plat - Villas at 91st Avenue - PLAT 220044 - Northwest Corner of Lower
Buckeye Road and 91st Avenue

Plat: 220044
Project: 21-963
Name of Plat: Villas at 91st Avenue
Owner: STT 91st & Lower Buckeye, LLC
Engineer: Colin D. Harvey, RLS
Request: A Two-Lot Commercial Plat
Reviewed by Staff: Aug. 21, 2023
Final Plat requires Formal Action Only

Summary
Staff requests that the above plat be approved by the City Council and certified by the
City Clerk. Recording of the plat dedicates the streets and easements as shown to the
public. This plat needs to record concurrently with Abandonment 220051. The
sequence of recording is that the resolution of abandonment is recorded first, and the
plat second.

Location
Generally located at the northwest corner of Lower Buckeye Road and 91st Avenue
Council District: 7

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




Page 148



Report

Final Plat - Dobbins Industrial Tech Park Phase 1 - PLAT 220084 - Southwest
Corner of 65th Avenue and Dobbins Road

Plat: 220084
Project: 21-4899
Name of Plat: Dobbins Industrial Tech Park Phase 1
Owner: Scannell Properties # 508, LLC
Engineer: Michael A. Banta, RLS
Request: A Four-Lot Commercial Plat
Reviewed by Staff: Aug. 17, 2023
Final Plat requires Formal Action Only

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

Location
Generally located at the southwest corner of 65th Avenue and Dobbins Road
Council District: 7

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




Page 149



Report

Final Plat - Park 91 - PLAT 230021 - South of Buckeye Road and West of 91st
Avenue

Plat: 230021
Project: 21-5780
Name of Plat: Park 91
Owner: Martens Park 91 Land, LLC
Engineer: Chad Huber, RLS
Request: A One-Lot Commercial Plat
Reviewed by Staff: Aug. 21, 2023
Final Plat requires Formal Action Only

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

Location
Generally located south of Buckeye Road and west of 91st Avenue
Council District: 7

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




Page 150



Report

Final Plat - 1802 & 1820 S. 7th Street - PLAT 220066 - Southwest Corner of 7th
Street and Mohave Street

Plat: 220066
Project: 21-3713
Name of Plat: 1802 & 1820 S. 7th Street
Owner: LMJ Motel Holdings, Inc., F/K/A E-Z Motels, Inc.
Engineer: David S. Klein, RLS
Request: A Three-Lot Commercial Plat
Reviewed by Staff: Aug. 17, 2023
Final Plat requires Formal Action Only

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

Location
Generally located at the southwest corner of 7th Street and Mohave Street
Council District: 8

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




Page 151



Report

Final Plat - Bibars Properties 1 Industrial Office Buildings - PLAT 230038 - South
of Van Buren Street and East of 37th Street

Plat: 230038
Project: 20-3566
Name of Plat: Bibars Properties 1 Industrial Office Buildings
Owner: Masyno Washington Company, LLC
Engineer: Anthony N. Zaugg, RLS
Request: A Two-Lot Commercial Plat
Reviewed by Staff: Aug. 18, 2023
Final Plat requires Formal Action Only

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

Location
Generally located south of Van Buren Street and east of 37th Street
Council District: 8

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




Page 152



Report

Final Plat - 18th Street and Jones - PLAT 230051 - Southeast Corner of 18th
Street and Jones Avenue

Plat: 230051
Project: 21-4997
Name of Plat: 18th Street and Jones
Owner: Phoenix Jones Partners, LLC
Engineer: Troy A. Ray, RLS
Request: A Two-Lot Commercial Plat
Reviewed by Staff: Aug. 18, 2023
Final Plat requires Formal Action Only

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

Location
Generally located at the southeast corner of 18th Street and Jones Avenue
Council District: 8

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




Page 153



Report

Abandonment of Easement - ABND 220062 - 26830 N. 33rd Ave. (Resolution
22150)

Abandonment: ABND 220062
Project: 18-3074
Applicant: Adam Miller
Request: To abandon the drainage easements described in DOC 2006-0349955
Maricopa County Recorder.
Date of Decision/Hearing: Aug. 11, 2023

Location
26830 N. 33rd Ave.
Council District: 1

Financial Impact
Pursuant to Phoenix City Code Article 5, section 31-64 (e) as the City acknowledges
the public benefit received by the generation of additional revenue from the private tax
rolls and by the elimination of third-party general liability claims against the city,
maintenance expenses, and undesirable traffic patterns, also replatting of the area
with alternate roadways and new development as sufficient and appropriate
consideration in this matter.

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

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




Page 154



Report

Abandonment of Easement - ABND 230015 - Northeast Corner of Voltaire Avenue
and 69th Street (Resolution 22152)

Abandonment: ABND 230015
Project: 02-788
Applicant: Andrea Vakneen
Request: To abandon the equestrian easements between Thunderbird and Voltaire
from 69th and 70th streets, as well as between 6922 E. Voltaire Ave. and 6932 E.
Voltaire Ave.
Date of Decision/Hearing: April 6, 2023

Location
Northeast corner of Voltaire Avenue and 69th Street
Council District: 2

Financial Impact
Pursuant to Phoenix City Code Article 5, section 31-64 (e) as the City acknowledges
the public benefit received by the generation of additional revenue from the private tax
rolls and by the elimination of third-party general liability claims against the city,
maintenance expenses, and undesirable traffic patterns, also replatting of the area
with alternate roadways and new development as sufficient and appropriate
consideration in this matter.

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

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




Page 155



Report

Abandonment of Easement - ABND 220048 - 701 N. Central Ave. (Resolution
22151)

Abandonment: ABND 220048
Project: 22-2533
Applicant: Vela Development Partners
Request: To abandon the eight-foot public utility easement adjacent to the south, west
and north property lines, as well as the eight-foot sidewalk easement and landscape
easement adjacent to the west property line of the parcel identified by Assessor Parcel
Number 111-43-150.
Date of Decision/Hearing: Oct. 13, 2022

Location
701 N. Central Ave.
Council District: 7

Financial Impact
Pursuant to Phoenix City Code Article 5, section 31-64 (e) as the City acknowledges
the public benefit received by the generation of additional revenue from the private tax
rolls and by the elimination of third-party general liability claims against the city,
maintenance expenses, and undesirable traffic patterns, also replatting of the area
with alternate roadways and new development as sufficient and appropriate
consideration in this matter.

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

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




Page 156



Report

Abandonment of Easement - ABND 220051 - Northwest Corner of 91st Avenue
and Lower Buckeye Road (Resolution 22149)

Abandonment: ABND 220051
Project: 21-966
Applicant: David Bohn
Request: To abandon portions of the existing drainage easement as illustrated by the
attached exhibit.
Date of Decision/Hearing: Feb. 8, 2023

Summary
The resolution of the abandonment and PLAT 220044 are to be recorded together with
the Maricopa County recorder on the same day, at the same time. The sequence of
recording to be followed is that the resolution is recorded first, then the plat is recorded
second.

Location
Northwest corner of 91st Avenue and Lower Buckeye Road
Council District: 7

Financial Impact
Pursuant to Phoenix City Code Article 5, section 31-64 (e) as the City acknowledges
the public benefit received by the generation of additional revenue from the private tax
rolls and by the elimination of third-party general liability claims against the city,
maintenance expenses, and undesirable traffic patterns, also replatting of the area
with alternate roadways and new development as sufficient and appropriate
consideration in this matter.

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

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



Page 157



Report

Amend City Code - Ordinance Adoption - Rezoning Application PHO-1-23--Z-61-
21-6 - Approximately 150 Feet North of the Northeast Corner of 44th Street and
Earll Drive (Ordinance G-7165)

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. 16, 2023.

Summary
Application: PHO-1-23--Z-61-21-6
Existing Zoning: R-O
Acreage: 1.15

Applicant: Berry Riddell LLC c/o Wendy Riddell
Owner: Thomas Ryan Holdings LLC
Representative: Wendy Riddell

Proposal:
1. Request to modify Stipulation 1 regarding general conformance with the site plan
and elevations date stamped Sept. 2, 2021.
2. Request to modify Stipulation 1.A regarding building height.
3. Request to modify Stipulation 8 regarding signage.
4. Request to modify Stipulation 9 regarding bicycle parking location.
5. Request to modify Stipulation 11 regarding pedestrian pathways.
6. Request to modify Stipulation 14 regarding shared access drives.
7. Request to delete Stipulation 15 permitting a maximum of one driveway on 44th
Street.

VPC Action: The Camelback East Village Planning Committee heard this request on
June 6, 2023, and recommended denial by a vote of 10-2.
PHO Action: The Planning Hearing Officer recommended approval.

Location
Approximately 150 feet north of the northeast corner of 44th Street and Earll Drive
Council District: 6


Page 158

Parcel Address: N/A

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




Page 159
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-61-21-6 PREVIOUSLY APPROVED BY
ORDINANCE G-6955.

____________



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

follows:

SECTION 1. The zoning stipulations applicable located approximately

150 feet north of the northeast corner of 44th Street and Earll Drive in a portion of

Section 30, Township 2 North, Range 4, 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 AUGUST 16, 2023 September 2, 2021, with
specific regard to the following and as approved by the Planning and
Development Department.

a. There shall be a maximum building height of 1 story and 15 feet.

b. The development shall be at a scale and intensity that reflects
adjacent residential uses and incorporates architectural features and
detailing that are consistent and compatible with existing residential
uses in the surrounding area.

2. There shall be a minimum 20-foot landscape setback along 44th Street for
both properties.

3. The required landscape setback along 44th Street shall include large



Page 160
canopy shade trees 20 feet on center or in equivalent groupings, as
approved by the Planning and Development Department. Twenty-five
percent of the trees shall be minimum four-inch caliper and 75 percent of
the trees shall be minimum three-inch caliper. Five, five-gallon shrubs per
tree, and additional shrubs or live groundcover shall provide minimum 75
percent live cover at maturity, as approved by the Planning and
Development Department.

4. The public sidewalk along 44th Street shall be detached with a landscape
strip located between the sidewalk and back of curb following the most
recent Cross Section of the Street Classification Map and planted to the
following standards, as approved by the Planning and Development
Department.

a. Minimum 2-inch caliper shade trees that provide a minimum 75
percent shade at maturity. Where utility conflicts exist, the developer
shall work with the Planning and Development Department on
alternative design solutions consistent with a pedestrian environment.

b. Drought tolerant vegetation maintained at a maximum mature height
of 24 inches and achieve minimum 75 percent live coverage.

5. The required landscape setback along the northern property line of the
northern parcel shall be planted with minimum 2-inch caliper shade trees
placed 20 feet on center or in equivalent groupings, as approved by the
Planning and Development Department.

6. A minimum 5-foot landscape setback shall be required along the eastern
property line. This setback shall be planted with minimum 8-foot-tall
shrubs or plants to provide a tall vegetative buffer from adjacent single-
family residences to the east, as approved by the Planning and
Development Department.

7. All uncovered surface parking lot areas shall be landscaped with minimum
2-inch caliper drought-tolerant shade trees. Landscaping shall be
dispersed throughout the parking area and achieve 25 percent shade at
maturity, as approved by Planning and Development Department. Shade
may be provided with a combination of trees and structural shade.

8. There shall be no internally lit signs on the site. Signage shall be approved
by the Planning and Development Department.

9. A minimum of four bicycle parking spaces shall be provided through
inverted U and/or artistic racks located near building entrances for each of
the existing buildings. These parking spaces shall be installed per the
requirements of Section 1307.H. of the Phoenix Zoning Ordinance, as
approved by the Planning and Development Department. Artistic racks
shall adhere to the City of Phoenix Preferred Designs in Appendix K of the
Comprehensive Bicycle Master Plan.



Page 161
10. Clearly defined, accessible pedestrian pathways shall be provided to
connect building entrances and public sidewalks, using the most direct
route for pedestrians, as approved by the Planning and Development
Department.

11. Where pedestrian pathways cross drive aisles, they shall be constructed
of decorative pavers, stamped or colored concrete, or other pavement
treatments that visually contrast with the adjacent parking and drive aisle
surfaces, as approved by the Planning and Development Department.

12. The developer shall dedicate a minimum 10-foot-wide sidewalk easement
and construct the east side of 44th Street, as approved by the Planning
and Development Department.

13. The developer shall construct a minimum 5-foot-wide detached sidewalk
and a minimum 5-foot-wide landscape area located between the back of
curb and sidewalk, as approved by the Planning and Development
Department.

14. The developer shall record a cross-access agreement for any shared
access drives along 44th Street, as approved by the Planning and
Development Department.

15. There shall be a maximum of one driveway along 44th Street.

16. The developer shall construct all streets within and adjacent to the
development with paving, curb, gutter, sidewalk, curb ramps, streetlights,
landscaping and other incidentals, as per plans approved by the Planning
and Development Department. All improvements shall comply with the
current ADA Guidelines.

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

18. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 Waiver of Claims form. The Waiver shall be recorded with
the Maricopa County Recorder’s Office and delivered to the City to be
included in the rezoning application file for record.


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

district granted pursuant to Ordinance G-6955 this portion of the rezoning is now

subject to the stipulations approved pursuant to Ordinance G-6955 and as modified in




Page 162
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 20th day of

September, 2023.




________________________________
MAYOR



ATTEST:


_________________________
Denise Archibald, City Clerk


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


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager




Page 163
Exhibits:
A - Legal Description (1 Page)
B - Ordinance Location Map (1 Page)




Page 164
EXHIBIT A

LEGAL DESCRIPTION FOR PHO-1-23--Z-61-21-6


A Portion of the Southeast Quarter of Section 30, Township 2 North, Range 4 East of
the Gila and Salt River Base and Meridian Maricopa County, Arizona

Legal Description – APN 127-07-031:

The South 70 feet of Lot 29 and the North 60 feet of Lot 30, of SUNBEAM UNIT NO.
2, according to the plat of record in the office of the County Recorder of Maricopa
County, Arizona, recorded in Book 42 of Maps, Page 33.

Legal Description – APN 127-07-030:

Lot 28 and the North 86 feet of Lot 29, SUNBEAM UNIT No. 2, according to the plat of
record in the office of the County Recorder of Maricopa County, Arizona, recorded in
Book 42 of Maps, Page 33




Page 165
Page 166



Report

Remove/Replace Zoning District - 35th Avenue and Elliot Road - Annexation 526
- Northwest Corner of 35th Avenue and the Elliot Road Alignment (Ordinance G-
7163)

Request to authorize the City Manager, or his designee, to amend the Phoenix Zoning
Ordinance, Section 601, the Zoning Map of the City of Phoenix, by removing the
Maricopa County R-3 zoning district and replacing it with the City of Phoenix R-3
zoning district on property at the location described below, which was annexed into the

Location
Northwest corner of 35th Avenue and the Elliot Road Alignment
Council District: 8

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




Page 167
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 CODE OF THE CITY OF
PHOENIX, ARIZONA, PART II, CHAPTER 41, THE ZONING
ORDINANCE OF THE CITY OF PHOENIX, BY AMENDING
SECTION 601, THE ZONING MAP OF THE CITY OF PHOENIX, BY
CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE
ANNEXED PARCEL DESCRIBED HEREIN (35TH AVENUE AND
ELLIOT ROAD ANNEXATION, NO. 526) FROM COUNTY R-3 TO
CITY’S R-3 (MULTIFAMILY RESIDENCE DISTRICT).

____________



WHEREAS, on June 28, 2023, via Ordinance S-50028, the City of Phoenix

annexed an approximately 2.63-acre property located at the northwest corner of 35th

Avenue and the Elliot Road alignment, in a portion of Section 10, Township 1 South,

Range 2 East, as described more specifically in “Exhibit A” and incorporated herein

by this reference; and,

WHEREAS, as required by A.R.S. § 9-471.L, the City of Phoenix is

required to adopt zoning districts on the subject parcel to permit uses and densities no

greater than those allowed by the prior County zoning district; and,

WHEREAS, immediately prior to annexation the zoning applicable to this

territory was Maricopa County’s R-3 zoning district; and

WHEREAS, the City’s R-3 (Multifamily Residence District) zoning district is

equivalent to Maricopa County's R-3 zoning district;



Page 168
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY

OF PHOENIX, as follows:

SECTION 1. The approximately 2.63-acre property located at the

northwest corner of 35th Avenue and the Elliot Road alignment, in a portion of Section

10, Township 1 South, Range 2 East, which is described in “Exhibit A” and depicted in

“Exhibit B” has been annexed to the City of Phoenix, and the present corporate limits of

the City have been extended and increased to include such property.

SECTION 2. Pursuant to A.R.S. §9-471(L), the property depicted in Exhibit

B is hereby removed from Maricopa County's R-3 zoning district and placed into the

City’s R-3 (Multifamily Residence District) zoning district. This zoning designation shall

take effect thirty days after this Ordinance is adopted, without further action by the City

Council, and

SECTION 3. The City Clerk shall cause a copy of this Ordinance, together

with “Exhibit A” and “Exhibit B” to be filed and recorded in the Records of the Office of

the Maricopa County Recorder, and

SECTION 4. The Planning and Development Director is instructed to

modify The Zoning Map of the City of Phoenix to reflect this use district classification

change as shown in “Exhibit B.”

SECTION 5. 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 20th day of September,

2023.




Page 169
________________________________
MAYOR




ATTEST:


_________________________
Denise Archibald, City Clerk


APPROVED AS TO FORM:
Julie Kriegh, City Attorney


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager




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




Page 170
35TH AVENUE AND ELLIOT ROAD ANNEXATION
Legal Description
Exhibit A

That part of the Northeast quarter of Section 10, Township 1 South, Range 2
East, G&SRB&M, Maricopa County, Arizona as conveyed by Document No. 2012-
0704807 in the office of the recorder of Maricopa County, Arizona, described as follows:
COMMENCING at the Northeast corner of said Section 10;
thence South 00 degrees 12 minutes 54 seconds East, along the East line of the
Northeast quarter of said Section 10, a distance of 957.80 feet to a point on the
boundary annexed by City of Phoenix Ordinance No. G-2996, recorded in Document No.
1987-0322046 in the office of the recorder of Maricopa County, Arizona, said point also
being the TRUE POINT OF BEGINNING;
thence, departing said boundary of Ordinance No. G-2996, South 00 degrees 12
minutes 54 seconds East along the East line of the Northeast quarter of said Section 10,
a distance of 495.03 feet to a point on the North right of way of the Western Canal;
thence South 89 degrees 39 minutes 12 seconds West along said North right of
way line, a distance of 291.79 feet to a point on said boundary of Ordinance G-2996;
thence along the following 6 courses of said boundary of Ordinance No. G-2996;
thence North 10 degrees 28 minutes 04 seconds West, a distance of 284.59 feet
to a point;
thence North 00 degrees 37 minutes 36 seconds East, a distance of 92.00 feet to
a point;
thence South 89 degrees 20 minutes 45 seconds East, a distance of 160.57 feet
to a point of curvature;
thence Northeasterly along the arc of a curve concave Northwesterly with a Delta
of 54 degrees 46 minutes 45 seconds, and a radius of 82.44 feet, a distance of 78.82
feet to a point of tangency;
thence North 35 degrees 52 minutes 31 seconds East, a distance of 42.62 feet to
a point of curvature;
thence Northeasterly along the arc of a curve concave Southeasterly with a Delta
of 40 degrees 58 minutes 40 seconds and a radius of 149.85 feet, a distance of 107.17
feet to the TRUE POINT OF BEGINNING.

EXCEPTING the East 33.00 feet thereof for roadway; and
EXCEPTING any portion lying within plat recorded in Book 683 of Maps,

page 11; and EXCEPT any portion lying with the Western Canal as described in Book
113 of Deeds, page 54 and as shown on results of survey recorded in Book 581 of
Maps, page 49 of Official Records.


Area = 2.628 Acres

Area = 0.0041 Sq. Miles




Page 171
Page 172



Report

Amendment to the 2018 International Building Code Section 310.4.1 - Care
Facilities Within a Dwelling (Ordinance G-7162)

Request to authorize the City Manager to amend the 2018 International Building Code
(IBC) section 310.4.1 - Care facilities within a dwelling.

Summary
The Phoenix Building Construction Code provides minimum health and safety
standards for construction of buildings in Phoenix. This proposed amendment will
amend the 2018 IBC section 310.4.1 - Care facilities within a dwelling. The proposed
amendment will align with the Arizona Revised Statutes, title 9, chapter 7, article 1,
section 9-807. This statute states "A municipality shall not adopt a code or ordinance
or part of a uniform code or ordinance that prohibits a person or entity from choosing to
install or equip or not install or equip fire sprinklers in a single family detached
residence or any residential building that contains not more than two dwelling units. A
municipality shall not impose any fine, penalty or other requirement on any person or
entity for choosing to install or equip or not install or equip fire sprinklers in such a
residence. This section does not apply to any code or ordinance that requires fire
sprinklers in a residence and that was adopted before December 31, 2009."

Concurrence/Previous Council Action
· The Development Advisory Board (DAB) Technical Subcommittee recommended
approval of this amendment on Feb. 21, 2023.
· The DAB recommended approval of this amendment on March 16, 2023, and
ratified the results on March 29, 2023.
· The Transportation, Infrastructure and Planning Subcommittee approved this item
on May 17, 2023.

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




Page 173
ATTACHMENT A

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


ORDINANCE G-

AN ORDINANCE AMENDING A PORTION OF THE PHOENIX BUILDING
CODE SPECIFICALLY THE 2018 INTERNATIONAL BUILDING CODE
SECTION 310.4.1 CARE FACILITIES WITHIN A DWELLING.

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

***
2018 International Building Code Section 310.4.1 Care facilities within a dwelling.
Care facilities for five or fewer persons receiving care that are within a single-family
dwelling are permitted to comply with the International Residential Code. provided an
automatic sprinkler system is installed in accordance with Section 903.3.1.3 or Section
P2904 of the International Residential Code.

***

PASSED by the Council of the City of Phoenix this ___ day of September, 2023



________________________________
MAYOR

ATTEST:


____________________________City Clerk


APPROVED AS TO FORM:

____________________________City Attorney


REVIEWED BY:

____________________________City Manager




-1- Ordinance ________
Page 174



Report

***REQUEST TO CONTINUE (SEE ATTACHED MEMO)*** (CONTINUED FROM
APRIL 5 AND AUG. 28, 2023) - Public Hearing and Ordinance Adoption -
Rezoning Application Z-62-22-8 - Approximately 200 Feet East of the Northeast
Corner of 42nd Street and Edgemont Avenue (Ordinance G-7098)

Request to hold a public hearing and amend the Phoenix Zoning Ordinance, Section
601, the Zoning Map of the City of Phoenix, and consider adopting Rezoning
Application Z-62-22-8 to rezone the site from R1-6 (Single-Family Residence District)
to R-3 (Multifamily Residence District) to allow multifamily residential.

Summary
Current Zoning: R1-6
Proposed Zoning: R-3
Acreage: 0.86 acres
Proposed Use: Multifamily residential

Owner: 4211 Thomas, LLC
Applicant: Sean J. Doyle, Tiffany & Boscoe, P.A.
Representative: Mark Tomecak

Staff Recommendation: Approval, subject to stipulations.
VPC Action: The Camelback East Village Planning Committee heard this case on Feb.
7, 2023, and recommended approval, per the staff recommendation, by a vote of 13-2.
PC Action: The Planning Commission heard this case on March 2, 2023, and
recommended approval, per the Camelback East Village Planning Committee
recommendation, by a vote of 5-1.
The Planning Commission recommendation was appealed for a public hearing by a
community member and a petition for a three-quarter vote was submitted on March 9,
2023. A three-quarter vote is required.

Location
Approximately 200 feet east of the northeast corner of 42nd Street and Edgemont
Avenue.
Council District: 8



Page 175

Parcel Addresses: 4222 E. Edgemont Ave. and a portion of 4215 and 4221 E. Thomas
Road.

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




Page 176
ATTACHMENT A

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




ORDINANCE G-

AN ORDINANCE AMENDING THE ZONING DISTRICT MAP
ADOPTED PURSUANT TO SECTION 601 OF THE CITY OF
PHOENIX ZONING ORDINANCE BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL DESCRIBED
HEREIN (CASE Z-62-22-8) FROM R1-6 (SINGLE-FAMILY
RESIDENCE DISTRICT) TO R-3 (MULTIFAMILY RESIDENCE
DISTRICT).

____________



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

follows:

SECTION 1. The zoning of a 0.86-acre site located approximately 200 feet

east of the northeast corner of 42nd Street and Edgemont Avenue in a portion of

Section 31, Township 2 North, Range 4 East, as described more specifically in Exhibit

“A,” is hereby changed from “R1-6” (Single-Family Residence District) to “R-3”

(Multifamily Residence District).

SECTION 2. The Planning and Development Director is instructed to

modify the Zoning Map of the City of Phoenix to reflect this use district classification

change as shown in Exhibit “B.”

SECTION 3. Due to the site’s specific physical conditions and the use

district applied for by the applicant, this rezoning is subject to the following stipulations,




Page 177
violation of which shall be treated in the same manner as a violation of the City of

Phoenix Zoning Ordinance:

1. The development shall be in general conformance with the site plan date
stamped February 3, 2023, as modified by the following stipulations and
approved by the Planning and Development Department.

2. All elevations shall include a minimum of two exterior accent materials, as
approved the Planning and Development Department. Examples include, but
are not limited to, materials such as brick, stone, colored textured concrete or
stucco.

3. The maximum building height shall be 30 feet.

4. The landscape setback along the east property line shall be planted with
minimum 2-inch caliper large evergreen trees planted 20 feet on center or in
equivalent groupings, as approved by the Planning and Development
Department.

5. Prior to preliminary site plan approval, the developer shall all apply for the On-
Street Parking Zones program in order to install no parking signs along
Edgemont Avenue between 42nd Street and 43rd Street.

6. The developer shall construct a minimum 5-foot-wide detached sidewalk and
minimum 5-foot-wide landscape strip located between the back of curb and
sidewalk along the north side of Edgemont Avenue, as approved by the
Planning and Development Department. The landscape strip shall be planted
as follows:

a. Minimum 3-inch caliper large canopy, single-trunk, shade trees placed a
minimum of 25 feet on center or in equivalent groupings to provide a
minimum of 75% shade on adjacent sidewalks.

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

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

8. In the event archaeological materials are encountered during construction, the
developer shall immediately cease all ground-disturbing activities within a 33-




Page 178
foot radius of the discovery, notify the City Archaeologist, and allow time for
the Archaeology Office to properly assess the materials.

9. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder's Office and delivered to the City to be included in
the rezoning application file for record.

SECTION 4. If any section, subsection, sentence, clause, phrase or

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

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

of the remaining portions hereof.

PASSED by the Council of the City of Phoenix this 5th day of April, 2023.




________________________________
MAYOR


ATTEST:


_________________________
Denise Archibald, City Clerk


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


By:
_________________________
_________________________


REVIEWED BY:


_________________________
Jeffrey Barton, City Manager




Page 179
Exhibits:
A – Legal Description (1 Page)
B – Ordinance Location Map (1 Page)




Page 180
EXHIBIT A

THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP
TWO NORTH, RANGE FOUR EAST OF THE GILA AND SALT RIVER BASE AND
MERIDIAN, MARICOPA COUNTY, ARIZONA;

MORE PARTICULARLY DESCRIBED AS FOLLOWS,

COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION THIRTY-ONE
(31), MARKED BY A BRASS CAP IN HANDHOLE STAMPED "CITY OF PHOENIX"
FROM WHICH THE NORTH QUARTER CORNER OF SAID SECTION THIRTY-ONE
(31) BEARS SOUTH 90"00'00" EAST FOR A DISTANCE OF 2597.65 FEET;

THENCE SOUTH 90"00'00" EAST, ALONG THE NORTH LINE OF THE NORTHWEST
QUARTER OF SAID SECTION THIRTY-ONE (31), FOR A DISTANCE OF 1432.01
FEET;

THENCE SOUTH 0"01'36" EAST, A DISTANCE OF 239.63 FEET;

THENCE NORTH 89"45'20" EAST, A DISTANCE OF 45.73 FEET;

THENCE SOUTH 01"29'10" WEST. ALONG THE WEST LINE OF THE EAST 117.80
FEET OF THE EAST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER
OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION THIRTY-ONE (31), A DISTANCE OF 75.59 FEET TO THE POINT OF
BEGINNING;

THENCE NORTH 90"00'00" EAST. A DISTANCE OFlS0.21 FEET TO A POINT ON
THE EAST LINE OF THE WEST 32.2 FEET OF THE WEST HALF OF THE EAST
HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION THIRTY-ONE (31);

THENCE SOUTH 01"29'38" EAST, ALONG SAID EAST LINE, A DISTANCE OF 198.17
FEET TO A POINT ON THE NORTH RIGHT OF WAY OF EDGEMONT AVENUE AS
CONVEYED TO THE CITY OF PHOENIX BY DEED RECORDED IN DOCKET 2301,
PAGE 540, OFFICIAL RECORDS OF MARICOPA COUNTY, ARIZONA;

THENCE SOUTH 89"43'58" WEST. ALONG SAID NORTH LINE, A DISTANCE OF
150.22 FEET;

THENCE NORTH 01"29'10" WEST, A DISTANCE OF 198.87 FEET TO THE POINT OF
BEGINNING.




Page 181
Page 182
ATTACHMENT B




Staff Report Z-62-22-8
February 3, 2023

Camelback East Village Planning February 7, 2023
Committee Meeting Date:
Planning Commission Hearing Date: March 2, 2023

Request From: R1-6 (Single-Family Residence District)
(0.86 acres)
Request To: R-3 (Multifamily Residence District)
(0.86 acres)
Proposed Use: Multifamily residential
Location: Approximately 200 feet east of the northeast
corner of 42nd Street and Edgemont Avenue
Owner: 4211 Thomas, LLC
Applicant: Sean J. Doyle
Representative: Mark Tomecak
Staff Recommendation: Approval, subject to stipulations


General Plan Conformity

General Plan Land Use
Mixed Use, Village Core
Map Designation

Street Map Edgemont
Local Street 25-foot north half street
Classification Avenue
CONNECT PEOPLE AND PLACES CORE VALUE; OPPORTUNITY SITES; LAND
USE PRINCIPLE: Support reasonable levels of increased intensity, respectful of
local conditions and surrounding neighborhoods.
The proposal will allow for multifamily residences that are compatible in scale with the
surrounding neighborhood. As stipulated, a landscape area along the east property line
will provide a buffer to the adjacent residences which is respectful of local conditions.




Page 183
Staff Report: Z-62-22-8
February 3, 2023


CELEBRATE OUR DIVERSE COMMUNITIES AND NEIGHBORHOODS CORE
VALUE; CERTAINTY & CHARACTER; LAND USE PRINCIPLE: Protect residential
areas from concentrations of incompatible land uses that could change their
character or destabilize land values.
The request will allow for multifamily residences, which is compatible with the
surrounding townhomes and zoning district to the west of the site, in addition to the
single-family residences to the east and south.

BUILD THE SUSTAINABLE DESERT CITY CORE VALUE; TREES AND SHADE;
DESIGN PRINCIPLE: Integrate trees and shade into the design of new
development and redevelopment projects throughout Phoenix.
As stipulated, the landscape planting standard along the eastern perimeter of the site
and the detached sidewalk will provide thermal comfort and shade for residents and
provide a buffer to the surrounding land uses.


Applicable Plans, Overlays, and Initiatives
44th Street Corridor Specific Plan – See Background Item No. 5.

Housing Phoenix Plan – See Background Item No. 6.

Tree and Shade Master Plan – See Background Item No. 7.

Complete Streets Guiding Principles – See Background Item No. 8.

Zero Waste PHX – See Background Item No. 9.

Surrounding Land Uses/Zoning
Land Use Zoning
On Site Single-family residence R1-6
North Automobile parts retail C-2
South (across
Edgemont Single-family residences R1-6
Avenue)
East Single-family residences PAD-10
West Condominiums R-3




Page 184
Staff Report: Z-62-22-8
February 3, 2023


R-3 – Multifamily Residence District
(Planned Residential Development Option)
Provisions on the
Standards Requirements
Proposed Site Plan
Gross Acreage - 0.86 acres
Maximum Number of Units 13; 15 with bonus 8 (Met)
Maximum Dwelling Unit 15.23; 17.40 with bonus 9.30 (Met)
Density
(units/gross acre)
Maximum Lot Coverage 45% 28% (Met)
Maximum Building Height 2 stories, 30 feet for first 2 stories, 30 feet (Met, per
150 feet; 1 foot in 5 feet Stipulation No. 3)
increase to 48 feet high, 4-
story maximum

Minimum Building Setbacks Adjacent to a public street: Front (Edgemont Avenue):
20 feet 20 feet (Met)

Adjacent to property line: 15 North: 15 feet (Met)
feet East: 15 feet (Met)
West: 15 feet (Met)
Minimum Landscape Adjacent to a public street: Front (Edgemont Avenue):
Setbacks 20 feet 20 feet (Met)

Interior property lines: 5 feet North: 5 feet (Met)
East: 5 feet (Met)
West: 5 feet (Met)
Minimum Open Space 5% 7% (Met)
Minimum Parking 16 spaces 21 spaces (Met)
Requirements
12 reserved spaces 16 reserved (two-car
8 two-bedroom units 4 unreserved spaces garage)
5 unreserved
1.5 spaces per 1 and 2-
bedroom unit and
additional unreserved
parking at a rate of 0.5
spaces per 1 and 2-
bedroom unit




Page 185
Staff Report: Z-62-22-8
February 3, 2023


*Variance or site plan modification required
Background/Issues/Analysis

SUBJECT SITE
1. This request is to rezone 0.86-acres
located approximately 200 feet east of
the northeast corner of 42nd Street and
Edgemont Avenue from R1-6 (Single-
Family Residence District) to R-3
(Multifamily Residence District) to allow
multifamily residential.




Zoning Sketch Map, Source: City of Phoenix Planning
and Development Department




2. The subject site is designated as Mixed
Use on the General Plan Land Use Map
and is within a Village Core. The request
for multifamily residential is consistent
with the Mixed Use designation. The
designation to the north and east is also
Mixed Use. The designation to the south
and west is Residential 3.5 to 5 dwelling
unit per acre.


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




EXISTING CONDITIONS & SURROUNDING ZONING
3. The subject site currently contains a single-family residence. To the north of the
subject site is an automobile parts retail store, zoned C-2 (Intermediate
Commercial). To the west are condominiums zoned R-3. To the east are single-
family residences zoned PAD-10 (Planned Area Development) and to the south are
single-family residences zoned R1-6.

PROPOSAL




Page 186
Staff Report: Z-62-22-8
February 3, 2023


4. The conceptual site plan, attached as an exhibit, depicts eight two-bedroom units
with private yards, with an open space area located towards the rear of the site.
Access is proposed from one driveway on Edgemont Avenue. Units will contain
two-car garages. Additional surface parking spaces are located towards the rear of
the site. To improve pedestrian safety and increase shade coverage along the
sidewalk, a detached sidewalk will also be provided along Edgemont Avenue with
minimum 3-inch caliper trees planted within the landscape strip between back of
curb and sidewalk, per Stipulation No. 6. Staff recommends general conformance to
the site plan to ensure the site develops as proposed. This is addressed in
Stipulation No. 1.

The proposed building elevations, attached as an exhibit, depict two-story facades
that are 28 feet in height. Staff recommends Stipulation No. 2 to ensure that
building elevations contain a variety of exterior materials and Stipulation No. 3 to
limit the maximum height to 30 feet to ensure compatibility with the surrounding
built environment.

To screen the units from the adjacent single-family residences to the east, staff
recommends Stipulation No. 4 which requires minimum 2-inch caliper trees planted
along the east property line.

In coordination with the surrounding residents and to address concerns regarding
traffic and parking congestion, the applicant has agreed to apply for the On-Street
Parking Zone program in order to install no parking signs along Edgemont Avenue
from 42nd Street to 43rd Street. This is addressed in Stipulation No. 5.

PLANS, OVERLAYS, AND INITIATIVES




Page 187
Staff Report: Z-62-22-8
February 3, 2023


5. 44th Street Corridor Specific Plan
Completed in 1991, the 44th Street
Corridor Specific Plan established a
framework to provide compatibility of new
development along 44th Street from
McDonald Drive to Sky Harbor
International Airport. The Land Use Plan
(Figure 5.2) shows a MU1 (Mixed Use I)
designation for the subject site. The MU1
designation calls for single-family
residential, multifamily residential (15+
dwelling units per acre), public/quasi-
public and hotel uses. The requested
zoning designation is consistent with the
MU1 designation.

44th Street Corridor Specific Plan, Source: City of
Phoenix Planning and Development Department




6. Housing Phoenix Plan
In June 2020, the Phoenix City Council approved the Housing Phoenix Plan. This
Plan contains policy initiatives for the development and preservation of housing with
a vision of creating a stronger and more vibrant Phoenix through increased housing
options for residents at all income levels and family sizes. Phoenix’s rapid
population growth and housing underproduction has led to a need for over 163,000
new housing units. Current shortages of housing supply relative to demand are a
primary reason why housing costs are increasing. The proposed development
supports the Plan’s goal of preserving or creating 50,000 housing units by 2030 by
allowing for the development of housing units on the subject site.

7. Tree and Shade Master Plan
The Tree and Shade Master Plan has a goal of treating the urban forest as
infrastructure to ensure that trees are an integral part of the city’s planning and
development process. By investing in trees and the urban forest, the city can
reduce its carbon footprint, decrease energy costs, reduce storm water runoff,
increase biodiversity, address the urban heat island effect, clean the air, and
increase property values. In addition, trees can help to create walkable streets and
vibrant pedestrian places. Staff recommends the planting of large evergreen shade
trees within the landscape setback along the east property line and large shade
trees within the landscape area between the back of curb and sidewalk. These are
addressed in Stipulation No. 4 and 6.




Page 188
Staff Report: Z-62-22-8
February 3, 2023


8. Complete Streets Guiding Principles
In 2014, the City of Phoenix City Council adopted the Complete Streets Guiding
Principles. The principles are intended to promote improvements that provide an
accessible, safe, connected transportation system to include all modes, such as
bicycles, pedestrians, transit, and vehicles. Staff recommends Stipulation No. 6,
which requires a five-foot-wide detached sidewalk be constructed along the north
side of Edgemont Avenue.
9. Zero Waste PHX
The City of Phoenix is committed to its waste diversion efforts and has set a goal to
become a zero-waste city, as part of the city’s overall 2050 Environmental
Sustainability Goals. One of the ways Phoenix can achieve this is to improve and
Section 716 of the Phoenix Zoning Ordinance expand its recycling and other waste
diversion programs. Section 716 of the Phoenix Zoning Ordinance establishes
standards to encourage the provision of recycling containers for multifamily,
commercial and mixed-use developments meeting certain criteria. The applicant’s
materials indicated that each unit will have recycling receptacles.
COMMUNITY INPUT SUMMARY
10. At the time this staff report was written, one letter of support has been received. In
addition, nine letters of opposition have been received. Concerns listed include
privacy, safety, density, traffic and congestion on Edgemont Avenue.
INTERDEPARTMENTAL COMMENTS
11. Water Services Department
The City of Phoenix Water Services Department has noted the property has
existing water and sewer mains that are serving or can serve this development.
12. Fire Department
The City of Phoenix Fire Department has noted that the site and/or buildings shall
comply with the Phoenix Fire Code. Further, the Department commented that the
site will require a water supply for fire flow and the quantity and design of fire
hydrants is required to comply with the Phoenix Fire Code.
13. Street Transportation Department
The Street Transportation has requested that street improvements be constructed
with all required elements and to ADA requirements. This is addressed in
Stipulation No. 7.

OTHER
14. The site has not been identified as being archaeologically sensitive. However, in the
event archaeological materials are encountered during construction, all ground
disturbing activities must cease within 33-feet of the discovery and the City of
Phoenix Archaeology Office must be notified immediately and allowed time to
properly assess the materials. This is addressed in Stipulation 8.




Page 189
Staff Report: Z-62-22-8
February 3, 2023


15. Staff has not received a completed form for the Waiver of Claims for Diminution in
Value of Property under Proposition 207 (A.R.S. 12-1131 et seq.), as required by
the rezoning application process. Therefore, a stipulation has been added to require
the form be completed and submitted prior to preliminary site plan approval. This is
addressed in Stipulation No. 9.

16. Development and use of the site is subject to all applicable codes and ordinances.
Zoning approval does not negate other ordinance requirements. Other formal
actions such as, but not limited to, zoning adjustments and abandonments, may be
required.

Findings

1. The proposed development is consistent with the General Plan Land Use Map
designation of Mixed Use.
2. The proposal will allow for additional housing options within the Camelback East
Village Core.

3. As stipulated, the proposal will provide increased shade along the perimeters of the
site and help reduce the urban heat island effect.

Stipulations

1. The development shall be in general conformance with the site plan date
stamped February 3, 2023, as modified by the following stipulations and
approved by the Planning and Development Department.

2. All elevations shall include a minimum of two exterior accent materials, as
approved the Planning and Development Department. Examples include, but
are not limited to, materials such as brick, stone, colored textured concrete or
stucco.

3. The maximum building height shall be 30 feet.

4. The landscape setback along the east property line shall be planted with
minimum 2-inch caliper large evergreen trees planted 20 feet on center or in
equivalent groupings, as approved by the Planning and Development
Department.

5. Prior to preliminary site plan approval, the developer shall all apply for the On-
Street Parking Zones program in order to install no parking signs along
Edgemont Avenue between 42nd Street and 43rd Street.




Page 190
Staff Report: Z-62-22-8
February 3, 2023



6. The developer shall construct a minimum 5-foot-wide detached sidewalk and
minimum 5-foot-wide landscape strip located between the back of curb and
sidewalk along the north side of Edgemont Avenue, as approved by the
Planning and Development Department. The landscape strip shall be planted
as follows:

a. Minimum 3-inch caliper large canopy, single-trunk, shade trees placed a
minimum of 25 feet on center or in equivalent groupings to provide a
minimum of 75% shade on adjacent sidewalks.

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

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

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

9. Prior to preliminary site plan approval, the landowner shall execute a
Proposition 207 waiver of claims form. The waiver shall be recorded with the
Maricopa County Recorder's Office and delivered to the City to be included in
the rezoning application file for record.


Writer
Sarah Stockham
February 3, 2023

Team Leader
Racelle Escolar

Exhibits
Sketch map
Aerial map
Site plan date stamped February 3, 2023
Elevations date stamped September 14, 2022




Page 191
Staff Report: Z-62-22-8
February 3, 2023


Correspondence (11 pages)




Page 192
THOMAS RD


C-2 P-2
R1-6 *
C-1 C-2
Z-24-17


C-1 *
42ND ST
R-3
EDGEMONT AVE PAD-10 P-2 M-R
Z-317-84
R1-6 *
Z-147-02

PUD*
WINDSOR AVE
P-1 Z-57-16

R1-6
PAD-15

I
Miles
Z-62-22 NORTHERN AVE

GLENDALE AVE

BETHANY HOME RD

0.035 0.0175 0 0.035
CAMELBACK EAST VILLAGE 7TH ST
CAMELBACK RD
INDIAN SCHOOL RD

16TH ST
CITY COUNCIL DISTRICT: 8 SR 51
THOMAS RD


24TH ST
MC DOWELL RD


32ND ST
VAN BUREN ST


40TH ST
WASHINGTON ST


64TH ST
48TH ST 56TH ST



APPLICANT'S NAME: REQUESTED CHANGE:
Bill Lally / Greg Loper
FROM:
R1-6 ( 0.86 a.c.)
APPLICATION NO. DATE:
10/20/2022
Z-62-22 REVISION DATES:



GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
0.86 Acres QS 14-37 G-10 TO: R-3 ( 0.86 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
R1-6 4 5
R-3 12 15

* Maximum Units Allowed with P.R.D. Bonus Page 193
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2022\Z-62-22.mxd
THOMAS RD


C-2 P-2
R1-6 *
C-1 C-2
Z-24-17


C-1 *
42ND ST
R-3
EDGEMONT AVE PAD-10 P-2 M-R
Z-317-84
R1-6 *
Z-147-02

PUD*
WINDSOR AVE
P-1 Z-57-16

R1-6
PAD-15

I
Miles
Z-62-22 NORTHERN AVE

GLENDALE AVE

BETHANY HOME RD

0.035 0.0175 0 0.035
CAMELBACK EAST VILLAGE 7TH ST
CAMELBACK RD
INDIAN SCHOOL RD

16TH ST
CITY COUNCIL DISTRICT: 8 SR 51
THOMAS RD


24TH ST
MC DOWELL RD


32ND ST
VAN BUREN ST


40TH ST
WASHINGTON ST


64TH ST
48TH ST 56TH ST



APPLICANT'S NAME: REQUESTED CHANGE:
Bill Lally / Greg Loper
FROM:
R1-6 ( 0.86 a.c.)
APPLICATION NO. DATE:
10/20/2022
Z-62-22 REVISION DATES:



GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
AERIAL PHOTO & ZONING MAP
QUARTER SEC. NO.
0.86 Acres QS 14-37 G-10 TO: R-3 ( 0.86 a.c.)
MULTIPLES PERMITTED CONVENTIONAL OPTION * UNITS P.R.D. OPTION
R1-6 4 5
R-3 12 15

* Maximum Units Allowed with P.R.D. Bonus Page 194
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2022\Z-62-22.mxd
Page 195


 
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From: Alexandra Goe
To: Sarah Stockham
Subject: Thoughts re: zoning case Z-62-22
Date: Monday, October 10, 2022 9:54:17 PM


Hi Sarah,

I am a resident in Edgemont Estates and have reviewed the proposal for rezoning the empty lot
in our area.

Please let me know if I should share this message with anyone else and/or write to the City of
Phoenix Planning and Development Department. I want to make sure that my concerns are
added to the case file.

While I appreciate wanting to add additional housing to the area, I do not support rezoning this
lot to R-3.

As a resident of this area, I would love to see this commercially zoned space used to support
small local businesses. Adding local businesses to the community helps strengthen the local
economy and add vibrancy, as well as pride, to the neighborhood. Adding 10 townhomes here
will not benefit the community or add value to the neighborhood.

If the lot is not used for commercial use, I believe it should remain zoned for R1-6. This will
help maintain privacy and safety for the existing neighbors.

Thank you for your time and assistance,

Alexandra




Page 197
From: Claude degracia
To: Sarah Stockham
Subject: zoning Z-62-22
Date: Monday, October 10, 2022 5:46:02 PM




TO     SARAH STOCKHAM

CAMELBACK EAST VILLAGE PLANER

RE: REZONING CASE NUMBER   Z-62-22

REQUEST TO CHANGE FROM C-2 AND R1-6 TO R-3

PHONE 602-261-8701




ATT. SARAH

AS PER CONVERSATION 7 OCT 2022 REGUARDING Z-62-22.

THE R1-6 ZONEING WAS ASSIGNED FOR A PUROPSE. A TEN
UNIT COMPLEX

IS TO MANY FOR THAT LOT. TEN UNITS EQUALS 20 AUTOS. AT
TIMES THERE MAY BE AUTOS PARKED ON EDGEMONT AVE., JUST
SOUTH OF THESE 10 UNITS.

THIS WILL CAUSE A LOT COJESTION AND DIFFICULTY FOR
RESIDENTS SOUTH OF THIS PROPRETY TO BACK OUT OF THEIR
DRIVEWAYS.

THE PROPOSED UNITS ON THE EAST SIDE OF THIS PROPERTY WILL
TAKE AWAY PRIVACY FOR EDGEMONT RESIDENTS AJECENT TO
SAID PROPERTY.

I OBJECT TO THE ZONING CHANGE IN CASE NUMBER Z-62-22




Page 198
Thank you

Claude A. deGracia   carjdeg2@yahoo.com 602-956-7528

Ronna J. deGracia





Page 199
From: Laurie C
To: Sarah Stockham
Subject: Property 4221 E Thomas
Date: Monday, October 10, 2022 11:50:39 AM




Hi Sarah,

My name is Laurie Cummings and I am a resident at 2826 N 43rd Street. I am writing you in regards to the property
development on Edgemont. I cannot attend the Zoom meeting so I am writing you in this matter. I am against this
build for several reasons. We were told that this would be single family homes which isn’t a problem. The problem I
have is that building two-story multi units brings more traffic, people, privacy issues, and view of our beautiful
scenic mountains. We are surrounded by tall buildings all around and this is not acceptable in a neighborhood of
homes. This two-story housing unit will invade privacy to our own residential area by over looking into our
backyards. On a daily basis we have multiple cars driving down our roads ( privately owned) therefore a multi-unit
would bring more vehicle congestion, parking problems and pedestrian traffic. Our area is private property and will
bring more traffic to our green areas for people walking dogs, etc.. Building a multi-property will bring renters,
lower property values and more crime to our neighborhood. Please take every measure to vote against this build and
bring back neighborhoods for our children to play in and enjoy our beautiful area and state. Your help is greatly
appreciated.

Sincerely,

Laurie Cummings
2826 N 43rd Street 85008
Phoenix, Az
Sent from my iPad




Page 200
From: DIANN IVERSON
To: Sarah Stockham
Subject: Rezoning request Z-62-22
Date: Tuesday, October 11, 2022 3:29:11 PM



TO: Sarah Stockham, Camelback East Village Planner

RE: Rezoning Case Number Z-62-22
Request to change from C-2 and R1-6 to R-3

Sarah, This memo relates to a conversation you had with Claude DeGracia on October 7, 2022
regarding Z-62-22.

The R-1-6 zoning was assigned for a purpose. A ten-unit complex is too many for that lot. Ten
units allows for 20 automobiles and that does not include visitor parking.

Ten units will cause a lot of congestion and difficulty for residents south of this property to
back out of their driveways. The addition of town units at 42nd Street and Edgemont Avenue
have caused unnecessary traffic coming into Edgemont Estates and use of our common areas
for dog walkers.

In addition, the proposed two-level units on the east side of this property will take away
privacy for Edgemont Estates residents adjacent to said property.

As a homeowner in Edgemont Estates, I object to the zoning change in case number Z-62-22.
Thank you for your attention to this matter.

DiAnn Iverson
2815 N 42nd Way
Phoenix, AZ 85008
dsiverson29@gmail.com




Page 201
From: Ellen Hemauer
To: Sarah Stockham
Subject: Application Z-62-22 (4221 E. Thomas Road)
Date: Tuesday, October 11, 2022 9:50:39 AM
Importance: High



Good morning Sarah,

I would like to lend my voice in complete and utter opposition of the application to rezoning
the property at 4221 East Thomas from C-2 and R1-6 to R-3. That is way too many homes on
that lot and if you multiply 10 units with 2 vehicles (minimum) at least, there will be way too
many cars that will clog the one-way street on Edgemont. The residents east of this location
will be impeded in exiting Edgemont and the residents to the north of this lot will loose their
privacy. I know this will negatively impact the single story residences already there and have
been for years.

I strongly oppose and object to the Zoning Request for Application #Z-62-22.

Ellen Hemauer and James Archibald
2828 North 42nd Way, 85008
602-256-3189
ellen.hemauer@phoenix.gov




Page 202
From: Ellen Welch
To: Sarah Stockham
Subject: Case #Z-62-22
Date: Tuesday, October 11, 2022 8:39:59 AM




To:Sarah Stockham
Camelback East Village Planner
Re: rezoning case #Z-62-22

Attn: Sarah
Regarding the R1-6 zoning assigned for a proposed 10-unit complex: as a homeowner in Edgemont Estates, I feel
that 10 units is far too many for that small lot. The number of cars would cause considerable congestion in this small
area. In addition, the proposed units would greatly affect the privacy for Edgemont residents adjacent.
I object to the zoning change in case #Z-62-22.   Thank you.
Respectfully,
Ellen Welch
Ellena.welch@gmail.com
Sent from my iPhone




Page 203
From: Bill Sperry
To: Sarah Stockham
Subject: Zoning request change
Date: Wednesday, October 12, 2022 4:49:24 PM




Sarah this is to tell you that I object to the request to change the zoning on this project over on Edgemont it will lead
to too much car congestion and the lot cannot accommodate that many houses on that small lot it will destroy our
neighborhood which is very park like too many houses too many cars too much traffic congestion and we would
lose our privacy in our neighborhood so I object to the changing of the zoning to our three that’s not gonna work
thank you Bill spirit PS if you wanna call me of course we’ve talked 602-955-5626 at my address is 4239 E.
Edgemont Ave. in Phoenix 85008 thank you

Sent from my iPhone




Page 204
From: Joann Forte
To: gl@tblaw.com; Sarah Stockham; Edgemont Estates; Sharon Schmieder; Elizabeth Sugges
Subject: rezoning request case number Z-62-22L
Date: Monday, October 17, 2022 2:56:45 PM


As President of Edgemont Estates Homeowners Association I speak for all seventeen (17)
homeowners of our association.
We are very opposed to the rezoning of the properties specified in this application.
Our serious concerns are the proposed number of units (10), the type of unit (town-homes) the
height of the units (2 story at 30"), the inadequate number of parking spaces for ten 2-bedroom
townhomes (only 15), only proposed five (5) parking spaces for guests, and the too-narrow
set-back on the east side of the property which is behind four of our homes.
We are very concerned of the additional noise factor, the increase in traffic to Edgemont Ave.
which is a cul-de-sac and potentially a large increase in vehicles driving past our homes and
using the cul-de-sac to turn around.The proposed parking is not enough and there will be a
substantial increase in street parking in front of our homes.
Edgemont Estates HOA is NOT supporting this rezoning request.
Respectfully submitted,
Joann Forte Smithbaker
President, Edgemont Estates HOA




Page 205
From: Jim Borst
To: gl@tblaw.com
Cc: Sarah Stockham
Subject: Zoning Case Z-62-22
Date: Tuesday, October 18, 2022 2:39:39 PM


Hi Greg,

I’m unable to attend tonight’s property owner meeting regarding the zoning change for 126-02-
046B, but I wanted to provide my support for this change. As a resident of more than 20 years
at 4133 E. Edgemont Avenue, I very much support the development plans for that property. The
similar development that occurred on the parcel just to the west of this (Edgemont 12) was a
positive change to the neighborhood and I had also supported that.

Thank you,
Jim Borst
602-628-3040




Page 206
From: Crystal DeVelis
To: PDD Long Range Planning
Subject: Z-62-22-8, 42nd St and Edgemont
Date: Tuesday, January 31, 2023 1:54:34 PM


Please note my objection to this zoning change. The density increase in this neighborhood on
the east side of 42nd St. has already degraded the neighborhood. To add contiguous areas of
such density will materially affect the existing residents in a negative way. Property values
will decrease, the city will ultimately lose tax revenue. The existing zoning plan is quite
sufficient. There are no extenuating circumstances. This area and the proposed PAD areas
around it are not in the best interest of the neighborhood or the City.

-- Crystal DeVelis
4351 E. Whitton Ave.
Phoenix, AZ 85018




Page 207
ATTACHMENT C




Village Planning Committee Meeting Summary
Z-62-22-8

Date of VPC Meeting February 7, 2023
Request From R1-6
Request To R-3
Proposed Use Multifamily residential
Location Approximately 200 feet east of the northeast corner of
42nd Street and Edgemont Avenue
VPC Recommendation Approval, per the staff recommendation
VPC Vote 13-2


VPC DISCUSSION:

Committee members Sharon Schmieder and Vice Chair Fischbach recused themselves
and committee member Jerryd Bayless left during this item, bringing quorum to 15.

Six members of the public registered to speak in opposition, and 26 members of the
public registered in opposition, not wishing to speak. Three members of the public
registered in support, not wishing to speak.

STAFF PRESENTATION:

Ms. Sarah Stockham, staff, provided an overview of the of the request including the
location of the request, existing and proposed zoning and districts and surrounding land
uses. Ms. Stockham displayed the site plan and elevations for the multifamily project
and shared the proposal has received one letter of support and twenty-two letters of
opposition to date. Ms. Stockham shared the staff findings and stated that staff
recommends approval subject to stipulations.

APPLICANT PRESENTATION:

Mr. William Lally, representing the applicant with Tiffany & Bosco, P.A., introduced
himself. Mr. Lally displayed aerial images, zoning maps, and the proposed site plan. Mr.
Lally shared the outreach efforts to surrounding property owners including meetings,
letters sent, and signs displayed. Mr. Lally shared revisions to the site plan and
stipulations after meeting with the community.


200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882

Page 208
Camelback East Village Planning Committee
Meeting Summary
Z-62-22-8


QUESTIONS FROM THE COMMITTEE:

Ms. Christina Eichelkraut inquired if the development is market rate housing. Mr. Lally
replied affirmatively.

PUBLIC COMMENTS:

Ms. Susan Traylor introduced herself as a long-time resident in opposition. Ms. Traylor
stated she was unaware of the changes made to the density. Ms. Traylor is concerned
with the ingress/egress onto Edgemont Avenue and stated a change in zoning may set
a precedent for the neighborhood and affect property values.

Ms. Patricia Powell introduced herself as neighbor in opposition. Ms. Powell stated she
was not made aware of the changes made by the developer, but she is still opposed to
the proposal. Ms. Powell expressed concern with the dumpster bin as all the residents
around the property have singular trash bins. Ms. Powell shared that zoning regulations
exist to protect from additional land uses and the proposal does not fit with the
neighborhood as she referenced city materials to protect existing land uses to end her
statement.

Mr. David Teel introduced himself as a property owner on Edgemont Avenue in
opposition. Mr. Teel echoed the sentiment of opposition for Ms. Traylor and Ms. Powell.
Mr. Teel expressed concern with the lowering of his property value.

Mr. Dave Jackson introduced himself as a long-time resident and the president of the
Rancho Ventura Neighborhood Association in opposition. Mr. Jackson expressed
concerns with the density and shared that the property to the west (Edgemont 12) has
had a hard time selling, and the neighborhood would prefer a single-story, single-family
home instead.

Mr. Neal Haddad introduced himself as neighbor in opposition. Mr. Haddad stated there
has not been compromise on this project from the beginning. Mr. Haddad stated a lack
of communication between the developer and residents nearby as many residents were
not aware of changes made to the density. Mr. Haddad echoed Ms. Powell’s
disapproval of the quality of the units, dumpster, and zoning changes.

Mr. Jason Baker introduced himself as a neighbor in opposition. Mr. Baker stated the
neighborhood is quiet and on a dead-end street, the north part of the site belongs to the
commercial property and should not be included in the rezoning case, and this project
would largely impact the overall neighborhood negatively.

APPLICANT RESPONSE:

Mr. Lally replied that the proposal is not as tall or dense as the project to the west, they
will provide ample setbacks and guest parking, and will provide an enhanced frontage
that is compatible with the surrounding area.

200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 209
Camelback East Village Planning Committee
Meeting Summary
Z-62-22-8


FLOOR/PUBLIC DISCUSSION CLOSED: COMMITTEE DISCUSSION:

None.

Ms. Christina Eichelkraut stated she supports housing and gentle density but is in
opposition to this proposal.

Mr. Barry Paceley stated the area is in need of housing, he appreciates the applicant
for lowering the number of units but is opposed.

MOTION:

Committee member Tom O’Malley motioned to recommend approval of Z-62-22-8 per
the staff recommendation. Committee member Dan Rush seconded the motion.

VOTE:

13-2; the motion to recommend approval of Z-62-22-8 passes with Committee Members
Abbott, Augusta, Baumer, Beckerleg Thraen, Garcia, Grace, Jurayeva, Langmade,
Miller, O’Malley, Rush, Wilenchik, and Swart in favor; and Committee members
Eichelkraut and Paceley opposed.


STAFF COMMENTS REGARDING VPC RECOMMENDATION:

Staff has no comments.




200 West Washington Street, 3rd Floor • Phoenix, Arizona 85003-1611 • (602) 262-6882
Page 210
ATTACHMENT D


REPORT OF PLANNING COMMISSION ACTION
March 2, 2023

ITEM NO: 13
DISTRICT NO.: 8
SUBJECT:

Application #: Z-62-22-8
Location: Approximately 200 feet east of the northeast corner of 42nd Street and
Edgemont Avenue
From: R1-6
To: R-3
Acreage: 0.86
Proposal: Multifamily residential
Applicant: Sean J. Doyle, Tiffany & Bosco, P.A.
Owner: 4211 Thomas, LLC
Representative: Mark Tomecak, Architect

ACTIONS:

Staff Recommendation: Approval, subject to stipulations.

Village Planning Committee (VPC) Recommendation:
Camelback East 2/7/2023 Approval, per the staff recommendation. Vote: 13-2.

Planning Commission Recommendation: Approval, per the Camelback East Village Planning
Committee recommendation.

Motion Discussion: N/A.

Motion details: Commissioner Jaramillo made a MOTION to approve Z-62-22-8, per the
Camelback East Village Planning Committee recommendation.

Maker: Jaramillo
Second: Boyd
Vote: 5-1 (Perez)
Absent: Gaynor, Busching, and Simon
Opposition Present: Yes

Findings:

1. The proposed development is consistent with the General Plan Land Use Map
designation of Mixed Use.

2. The proposal will allow for additional housing options within the Camelback East Village
Core.

3. As stipulated, the proposal will provide increased shade along the perimeters of the site
and help reduce the urban heat island effect.




Page 211
Stipulations:

1. The development shall be in general conformance with the site plan date stamped
February 3, 2023, as modified by the following stipulations and approved by the
Planning and Development Department.

2. All elevations shall include a minimum of two exterior accent materials, as approved
the Planning and Development Department. Examples include, but are not limited to,
materials such as brick, stone, colored textured concrete, or stucco.

3. The maximum building height shall be 30 feet.


4. The landscape setback along the east property line shall be planted with minimum 2-
inch caliper large evergreen trees planted 20 feet on center or in equivalent groupings,
as approved by the Planning and Development Department.

5. Prior to preliminary site plan approval, the developer shall all apply for the On-Street
Parking Zones program in order to install no parking signs along Edgemont Avenue
between 42nd Street and 43rd Street.

6. The developer shall construct a minimum 5-foot-wide detached sidewalk and minimum
5-foot-wide landscape strip located between the back of curb and sidewalk along the
north side of Edgemont Avenue, as approved by the Planning and Development
Department. The landscape strip shall be planted as follows:

a. Minimum 3-inch caliper large canopy, single-trunk, shade trees placed a
minimum of 25 feet on center or in equivalent groupings to provide a minimum
of 75% shade on adjacent sidewalks.

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

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

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

9. Prior to preliminary site plan approval, the landowner shall execute a Proposition 207
waiver of claims form. The waiver shall be recorded with the Maricopa County
Recorder's Office and delivered to the City to be included in the rezoning application
file for record.

This publication can be made available in alternate format upon request. Please contact Angie
Holdsworth at (602) 329-5065, TTY use 7-1-1.




Page 212
ATTACHMENT E
127-13-090B 127-13-090A 127-13-092D 127-13-092H


THOMAS RD




126-02-036B


126-02-039G


126-01-094
126-02-046A


126-02-039B
126-02-036H



42ND ST
126-02-039H


126-02-101
126-02-090
126-02-100
126-02-091 126-02-072 126-02-073
126-02-080


126-02-102
126-02-092
126-02-074
126-02-071

126-01-090
126-02-079




43RD ST 126-02-084
126-02-083
126-02-046B




S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\Petitions\Z-62-22\Z-62-22.mxd
126-02-082
126-02-093
126-02-094 126-02-099 126-02-070 126-02-078
126-02-095 126-02-098 126-02-075



126-02-076 126-02-077
42ND WAY
126-02-096 126-02-097 126-02-069



EDGEMONT AVE


126-01-061

126-02-086 126-02-087 126-02-088 126-02-065
126-02-064
126-02-067 126-02-068
126-02-089


126-02-081
126-02-066




Legend
126-01-060 126-02-031 126-02-030 126-02-029 126-02-028 126-02-027 126-02-026 126-02-025 126-02-024
Zoning Petition Area
Proposed Amendment Area
# of Lots/Tracts/Condos: 16/38 = 42.11%
Lots/Tracts/Condos % Area = 1.18ac./4.98ac. = 23.69%
Signed Petition 3/4 VOTE REQUIRED
WINDSOR AVE

Petition Verification Map
for Z-62-22-8
I 0 100 200 Feet Map prepared by City of Phoenix, Planning & Development Services Dept.
Page 213
03/10/23
REVISED THREE QUARTER APPEAL
3/9/23 at 4:30 PM

CITY OF PHOENIX
PLANNING AND DEVELOPMENT DEPARTMENT

FORM TO REQUEST PC to CC
I HEREBY REQUEST THAT THE CC HOLD A PUBLIC HEARING ON:

APPLICATION NO/ Z-62-22-8 (SIGNATURE ON ORIGINAL IN FILE)
LOCATION Approximately 200 opposition x applicant
feet east of the
northeast corner of
42nd Street and
Edgemont Avenue

APPEALED FROM: PC 3/2/2023 4217 East Edgemont Avenue
Phoenix, AZ 85008
PC DATE STREET/ADDRESS/CITY/STATE/ZIP
TO PC/CC CC 4/5/2023 Sharon Schmieder
HEARING 602-980-9480
Sharon@arizonahometeam.com
CC DATE NAME / PHONE / EMAIL
REASON FOR REQUEST:

*Appeal & Request for the three fourths vote.

Petition pages 1-6 attached. Protesting the Commission’s decision on case as it is on
an interior street, not a main arterial street, landlocked, and in violation of the General
Plan.

*Note: Neighbors were not all able to speak as our time to speak did not start until
11:15 p.m. This is punitive to the property owners.

** The developer has been unwilling to work with the neighborhood. They did not do
the asbestos remediation when the house on the property was demolished.
Neighbors’ calls were not returned.

Further, when demolition was done, the developer put a hole in the wall of adjacent
neighbor. The developer was called and notified in person on 12/14/22. The wall has
not been fixed.
RECEIVED BY: Adam Stranieri RECEIVED ON: 3/9/2023

Alan Stephenson Vikki Cipolla-Murillo
Joshua Bednarek Greg Harmon
Tricia Gomes Paul M. Li
Racelle Escolar Village Planner
Stephanie Vasquez GIS
Diana Hernandez Applicant
David Urbinato Adam Stranieri (for PHO Appeals)




Page 214
Page 215
Page 216
Page 217
Page 218
Page 219
Page 220
Page 221
Page 222
ATTACHMENT F


LTR of SUPPORT Rcvd 3-1-2023



February 28, 2023

SENT VIA ELECTRONIC EMAIL: racelle.escolar@phoenix.gov

Rachelle Escolar
Planner 111
200 West Washington Street, 3rd Floor
Phoenix, AZ 85003

RE: Support for Z-62-22-8 (42nd Street and Edgemont Ave.)

Dear Ms. Escolar:

My company owns a property near the property subject to the above referenced rezoning. I followed
the recent approval of the Camelback East Village Planning Committee related to the rezoning of a
vacant lot near 42nd Place and Edgemont. I understand that Emery Lane Homes is planning to develop
new townhomes on the project. I reviewed Emery Lane’s website and they look to be delivering high
quality projects in Phoenix, and excited for their investment in the area.

I also understand that the developer made changes to their project including dropping the density,
limiting it to two stories and adding landscaping. I appreciate the developer’s willingness to work with
the neighbors.

I support this project and look forward to seeing new townhomes on this vacant lot.

Sincerely,


AJ Greathouse
2600 N. 44th Street
Phoenix 85008




Page 223
From: Jim Borst
To: PDD Planning Commission
Cc: Gini Borst
Subject: 3/2/2023 6:00pm Planning Commission Hearing, Agenda item #13, Application #: Z-62-22-8
Date: Monday, February 27, 2023 10:29:52 AM


3/2/2023 6:00pm Planning Commission Hearing, Agenda item #13, Application #: Z-62-22-8
From: R1-6 To: R-3 Acreage: 0.86 Location: Approximately 200 feet east of the northeast corner
of 42nd Street and Edgemont Avenue Proposal: Multifamily residential Applicant: Sean J. Doyle,
Tiffany & Bosco, P.A. Owner: 4211 Thomas, LLC Representative: Mark Tomecak, Architect

We would like to submit comments for ourselves, James and Virginia Borst at 4133 E. Edgemont
Avenue. We live about 3 or 4 parcels from this property and we are very much in support of the
proposed development to build 8 units on this property. We have also spoken to several of our
other neighbors on Edgemont Avenue west of 42nd street and they are also in support of this
development. Anyone else from the neighborhood “association” does not speak on our behalf. The
association meetings are generally attended by about 7 to 9 residents and does not represent a
majority of the neighborhood.
The development directly to the west of this proposed parcel is a multi-family property that was
developed from single-level apartments into 12 individually owned units that are 2 and 3 stories tall,
called the “Edgemont 12”. The previous apartments on this parcel attracted low-income renters
with several problems that involved a lot of police activity with fighting in their common areas and
disturbances. The current development has attracted new individual owners and wonderful
neighbors. This proposed 8-unit development will provide a similar improvement. More neighbors
walking the neighborhood with their children and dogs will be another improvement to the overall
safety and community feel. The proposed 2-story units will also help to retain the views of
Camelback Mountain that the 3-story units at the Edgemont 12 currently have from their balconies.
The property to the east of this proposed development is a PUD with several patio-home style units
with a community pool. This new development will blend really well between these two properties.
There are 4 basement homes also on this street across from this parcel and 3 of those 4 residents
seem to strongly oppose this 8 unit development. We have lived in our home long enough to
remember when those basement homes were developed and a similar zoning change was required,
and we also supported that at the time. We appreciate the risk and investment that the developers
are making in our neighborhood to make this improvement.

Thank you,
Jim Borst
602-628-3040




Page 224
Rcvd 3/1/2023




Page 225
Racelle Escolar

From: Waseem Hamadeh
Sent: Wednesday, March 1, 2023 8:52 AM
To: Racelle Escolar
Cc: William E. Lally
Subject: Support for Z-62-22-8 - 42nd Street and Edgemont Ave.


Dear Ms. Escolar:

I own property in the area located at 2600 N. 44th Street, it’s a large office building and we are very familiar with our
tenant needs and the needs of the building. I reviewed the recently approval of this project within the Camelback East
Village, and I want to also lend my support to this case.

As an area property owner with significant investment in the area, I strongly support other property owner’s
investments in the area, especially when they are providing quality housing options for the area. The corner of Thomas
and 44th Street is a significant employment corridor, and there is a need for additional housing options nearby.

Additionally, the subject property is currently an underutilized vacant lot. We have seen an uptick in homelessness here
in the Phoenix area and have had to hire security patrols to try and mitigate the issues with homelessness, any vacant lot
can quickly become an attractive nuisance for the surrounding areas.

As an area landowner, we urge the Planning Commission and the City Council to support the case and support the local
property owners.


Thank you,




Waseem J. Hamadeh
Managing Member

HOH Investment Group

11811 N. Tatum Blvd. #1051
Phoenix, AZ 85028

C: 602‐327‐8169
HOHInvestmentGroup.com [hohinvestmentgroup.com]
whamadeh@HOHinvestmentgroup.com





Page 226
ATTACHMENT G

From: DIANN IVERSON
To: PDD Long Range Planning
Subject: Item #6 Case Z-62-22-8 (old Ladlow property)
Date: Saturday, February 4, 2023 4:33:58 PM



Edgemont Estates is NOT in favor of rezoning Z-62-22-8, the old Ladlow property.

Joann Forte-Smithbaker
HOA President
Edgemont Estates
4227 E Edgemont Ave
Phoenix, AZ 85008
edgemontestates@gmail.com




Page 227
From: Laurie
To: PDD Long Range Planning
Subject: Planning of developments Z-62-22-8 and Z-8-22-8
Date: Saturday, February 4, 2023 6:46:45 PM




Hello I am a resident in the area and I am letting you know since I am unable to attend the meeting that I am
OPPOSED to:

Z-62-22-8. I am OPPOSED to Z-8-22-8

Please email me if you have any questions.

Laurie Cummings
2826 N 43rd Street
Phoenix, Az 85008
Sent from my iPhone




Page 228
From: Mary Lungo
To: PDD Long Range Planning
Subject: Opposition to Zoning Case # Z-62-22-8
Date: Saturday, February 4, 2023 10:53:53 AM


Hello,

I am writing to submit my opposition to this change in Zoning for a 3/4 acre lot where a
developer is trying to build 12 units. I strongly oppose this zoning. Putting such a big amount
of units in a lot where a single home once stood is crazy and shows this developer does not
care about our neighborhood only how much money he can make, if allowed.

This does not fit in our neighborhood. Our neighborhood is beautiful and we will continue to
oppose to this type of development.

Regards,

Maria Lungo


Thanks, Mary L.




Page 229
From: Sue Heim
To: PDD Long Range Planning
Subject: Item #5 application case number : Item 5 Z-SP-8-22-8 Item #6 Application case number is Z-62-22-8
Date: Saturday, February 4, 2023 6:56:42 PM


To Whom It May Concern,

I, Sue A. Heim, live at 4027 E. Oak St., Phoenix, AZ 85018
I am opposed to Item 5 Case # Z-SP-8-22-8 and also
I am opposed to Item 6 Case # Z-62-22-8

Sincerely,
Sue A. Heim
4027 E. Oak St.
Phoenix, AZ 85018




Page 230
From: Claude degracia
To: Sarah Stockham
Subject: Camelback east village
Date: Sunday, February 5, 2023 12:06:14 PM



Hi Sarah
This is how my wife and I feel about items on the
meeting 7 FEB 2023


5 FEB. 2023

RE:

NOTICE OF PUBLICK MEETING CAMELBACK EAST VILLAGE
PLANNING

COMMITTEE

A.R.S. Section 38-431.02 Tuesday, February 7, 2023 6:00 pm

Items   Z-SP-8-22-8 opposed        Z-62-22-8 opposed




RE: Z-62-22-8   north east corner of 42nd ST. & Edgemont Ave.

When the builders sell their buildings & leave, we are stuck with the
increased traffic & parking problems forever. We oppose the change of
zoning to allow more buildings than the present zoning. There will be
no restrictions on Air B&B. Edgemont Ave. is already full with current
resident vehicles. We do not need this type of density. This is a single-
family residence area.



Claude & Ronna deGracia

Residing in Edgemont Estates

Page 231
4243 E. Edgemont Ave.

Phoenix, Arizona 85008

602-956-7528




Page 232
From: Ellen Hemauer
To: PDD Long Range Planning; Sarah Stockham
Subject: Camelback East Village Planning Committee
Date: Sunday, February 5, 2023 1:16:29 PM




Regarding Item #5, Case # Z-SP-8-22-8 OPPOSED
Regarding Item #6, Case # Z-62-22-8 OPPOSED

This community is made up of single family residences and to even have a builder consider erecting 10 to 15 high
rise units is just ludicrous. There are plenty of open spaces to do this, not dwarf our little community with homes
towering over our back yards.

NO MORE BUILDING THAN THE PRESENT ZONING ALLOWS. DO NOT CHANGE THE ZONING CODE!

My husband and I are 100% OPPOSED to Item #6 and Item #5.

Thank you for hearing our voice.

James Archibald
Ellen Hemauer
2828 North 42nd Way
Phoenix AZ 85008


Sent from my iPad




Page 233
From: Ellen Welch
To: PDD Long Range Planning
Subject: proposal for zoning change
Date: Sunday, February 5, 2023 12:18:26 PM


In reference to Item #6 and case # Z-62-22-8:

I am a homeowner in Edgemont Estates, and I strongly oppose the proposed zoning change
from single family to high density multi-family for this property. Parking is already an issue
here. The proposal would create multiple problems.
Thank you for your consideration.
Sincerely,
Ellen Welch




Page 234
From: raymond bremerkamp
To: PDD Long Range Planning
Subject: opposition to Item #5 case # Z-SP-8-22-8 and opposition to item #6 case # Z-62-22-8
Date: Sunday, February 5, 2023 4:40:42 PM


item #5 case # Z-SP-8-22-8 I do not want the lot at 4220 E. McDowell Rd. to become a used
car lot.

item #6 case # Z-62-22-8 I do not want the zoning changed from single family residence at
4220 E. Edgemont Ave. Phoenix, AZ. 85008.

Raymond Edward Bremerkamp
4234 E Oak St, Phoenix, AZ 85008
480-600-2408
edbremerkamp@gmail.com




Page 235
From: Sharon Schmieder
To: PDD Long Range Planning
Subject: Opposition to Z-62-22-8
Date: Sunday, February 5, 2023 5:39:36 PM



To Whom It May Concern:

This letter is to voice my opposition to the proposed zoning change to the portion of 4221 E
Thomas that is zoned R1-6 and borders Edgemont to the south.

This proposed development is entirely to dense for the neighborhood. When the lot was
purchased, Emery Lane Homes marketed to the public on its website that it intended to build
luxury single family homes in accordance with the zoning. Some time mid 2022, they changed
directions and have been marketing 10 townhomes at this location on their site, a density for
which it has not been approved.

Not only does the density not conform to the neighborhood, but the proposed development
would be very similar to the development, Edgemont 12 to the west. This development was
not embraced by the neighborhood and the concerns that the neighborhood have
materialized. These homes are not desirable to the public and took an average of 609 days to
sell. This is an extraordinary amount of time during a good housing market. This time on
market exceeds the average days on market during the years that it took to sell by as much as
10x as long. Currently, there are two on the market and they are not selling. One is
approaching the average days on market and the other will soon be double the days on
market. This comparison is relevant as what is being proposed is even less attractive, more
dense, and comes with the first dumpster in our neighborhood!

Not withstanding that lack of appeal and conformity to the neighborhood, the additional
traffic, congestion, and parking is a burden placed on the surrounding neighbors that they
should not be subjected to. In addition, it was made clear in a comment by the developer's
representative, that we should not expect this development to be of the same quality which
we have become accustomed to with Emery Lane Single family homes. Even with this "lower
quality" proposed development, they have stated a proposed selling price of $800,000. This
would put the $/sq ft at $500/sq ft. The condos to the west have not been able to sell at
$325/sq ft.

It is reasonable that the neighbors adjacent to this proposed development should expect the
zoning to remain as it has been. This lot has always been occupied by one single family home
and a detached garage. While the zoning allows for greater density that just one home, it is a
misuse of the space to rezone this into something that has already proven to be problematic,
would be eggregious misuse of power and would diminish the value of the homes nearby and
being a taking from the existing homeowners.



Page 236
The developer has not been willing to consider any alternatives despite the fact that they
advertised single family homes in this location when they originally purchased.

Thank you,
Sharon Schmieder




Page 237
From: Lisa Rovinsky
To: PDD Long Range Planning; Sarah Stockham
Subject: Z-62-22-8 & z-sp-8-22-8 OPPOSED Do not approve: letter
Date: Monday, February 6, 2023 9:22:18 PM


In reference to A.R.S. Section 38-431.02 AND Z-62-22-8 & z-sp-8-22-8

I am writing for 3 homeowners at different properties.
Myself Lisa Rovinsky at 2812 N. 43rd street
Cinda Blackledge & Stephen Saridakis at 2818 N 43rd street

The 3 of us OPPOSE the revision of Zoning completely.
I am a fairly new wonder since May 2022.
Cinda and Stephen have owned their property since 1988.

There are so many issues that we are extremely concerned with:
Two way street blocked on both sides due to too many cars on the street and issues passing
each other while driving with cars parked out front of the lot.
The no restriction of AIR BNB is the highest concern.
The loss of privacy of our neighbors directly to the East of the lot. Patios and back doors and
windows will no longer have privacy due to the multilevel structure with windows looking
down upon their properties.
We live in the culdesac/dead end of Edgemont. I am on the corner at 2812, and will constantly
have to deal with people driving to the dead end and turning around all day and evening.
Our property values dropping due to this rezoning is a huge concern.

These are the major of many concerns.

Lisa Rovinsky
Cinda Blackledge
Stephen Saridakis




Page 238
From: Chuck Steele
To: PDD Long Range Planning
Subject: Camelback East Village planning committee meeting on February 7
Date: Tuesday, February 7, 2023 2:09:55 PM




I would like to oppose two cases before the committee.
I oppose case number Z-SP-8-22-8
I also oppose case number Z-62-22-8
Thank you
Charles Steele
Aka Cheez




Page 239
From: David Teel
To: PDD Long Range Planning
Cc: Lindsay Teel
Subject: Camelback East Village Meeting 2/7/23: opposition to items 5 and 6
Date: Tuesday, February 7, 2023 4:21:11 PM


We are writing to oppose item #5 and #6 scheduled to be voted on at tonight's 2/7/23 meeting.
The application case number for item #6 is Z-62-22-8.

We are also registered for the virtual meeting tonight but sending this written opposition
separately. My wife (Lindsay Teel/linzua@gmail.com) registered for the meeting.

We have owned the single-family residence located at 4213 E. Edgemont Ave, PHOENIX, AZ
85008, for about 15 years since it was newly constructed. It is a large semi-custom home with
a large lot. It is bordered on both sides by 3 similar homes. Each home has a fully finished
basement as well. They have enjoyed views of the mountains from the front yard for this
entire time.

The Rancho Ventura Neighborhood is compromised almost entirely of single-family homes
with large lots and long-time home owners. Most of the streets currently have multiple homes
in the process of being either completely remodeled or with new high-end single-family
construction. Comparable homes to ours in this neighborhood are now selling for 1.3M+.
Homes that need remodeling and that are not as modern as ours or will require new
plumbing/electric are still selling for 700K-1M.

This neighborhood is up and coming due to its proximity to the Arcadia area and the
availability of the homes sites comparable to that area.

Edgemont Ave itself contains the 4 modern construction homes referenced above and a long-
standing patio home community ending in a cul-d-sac. The patio community also consists
primarily of long-time home owners. The patio homes are large with large lots. They are all
single story homes. They are also detached and contain two car private garages.

A few years ago a rundown lot with some limited alterantive non-single family zoning was
sold and the new owners allowed to develope 12 multi-story townhomes. Luckily the location
of this property did not obstruct the mountain views. The builders sought to build them higher
and add more units but theis committee did not permit it. Those properties added to the
volume of vehicles on Edgemont considerably and to parking on the street. They also do not
conform to the neighborhood in any way.

Now, a new builder seeks to take a lot that is zoned for single-family homes and convert it to
high-density housing on a 3/4 acre lot. The builders originally planned to build 3 or 4 single
family homes; however, they appear to have now changed their mind and desire to build high-
density condo/apartment style homes that also exceed height requirements.

Not only does this not conform to the neighborhood but it will increase the density, traffic,
vehicle flow and block the mountain views the Edgemont single-family homes presently enjoy
and would keep under current zoning requirements. This construction would also decrease the
value of all surrounding single-family properties in the area at a time when the neighborhood
is being improved exponentially and becoming a sought after area to reside.



Page 240
The builders were aware of the zoning requirements at purchase. They were also operating
under an entirely different building plan involving single-family residences. This property is
also zoned differently then the adjacent property were the detached condos were permitted to
be built. However, the committee did limit the number of units and the height due to the exact
concerns expressed now. Neither Edgemont Ave nor Rancho Ventura can withstand any
additional multi-family housing.

We oppose any and all changes to the zoning. We oppose items 5 and 6 both of which
negatively impact Rancho Ventura and impact home values as well as the safety, wellbeing
and quality of life of the home owners in this neighborhood.

Sincerely,

David and Lindsay Teel
4213 E. Edgemont Ave.
Phoenix, AZ 85008




Page 241
From: J & J Design Group
To: PDD Long Range Planning
Subject: RE: Case Z-SP-8-22-8 and Z-62-22-8
Date: Tuesday, February 7, 2023 8:35:38 AM


Hello,
I've learned about the possible zoning of the vacant lot on Mc Dowell to a used car lot. If
passed this would further change McDowell Road into a used car environment like Van Buren
Street. I'm not excited about this. It will not bring value to the area and the surrounding
neighborhoods.

I am strongly opposed to the high density multi family residence units at 4220 East Edgemont
avenue. This area should stay as a single family residence zoning only. We have some multi
family units next door and am opposed to having more. I'm a neighbor at 4114 East Edgemont
Avenue. This is a single family neighborhood. I am worried about the amount of traffic that
these units would incur. Already we get people speeding down our street to get to the units on
the other side of 42nd Street.

Thank you for your consideration.
Jen

--

Jennifer O'Dowd - Design Principal
Direct Line - 602-614-4548
www.jandjdesigngroup.com [jandjdesigngroup.com]




Page 242
From: denisedickman20@gmail.com
To: PDD Long Range Planning
Subject: Item 5 & 6 on agenda 2-7-2023
Date: Tuesday, February 7, 2023 5:58:21 PM




I oppose the the items 5 & 6 on the agenda tonight m, 2-7-2023. I oppose the McDowell and Edgemont/Thomas
projects.

Denise Dickman
Vernon Avenue

Sent from my iPhone




Page 243
From: Crystal DeVelis
To: PDD Planning Commission
Subject: Opposition to Z-62-22-8, northeast corner of 42nd Street and Edgemont Avenue
Date: Sunday, February 26, 2023 7:37:21 AM


Dear Reader.

Please note my opposition to the above proposed zoning change, item 13 on the agenda for
March 2. Adding more dense housing in this area changes the character of the neighborhood
and will ultimately lead to reduction in property values. There is no good reason for making
this change from R1-6 to multifamily. Values of single-family homes in this area will be
negatively impacted by this change. Thank you.

-- Crystal DeVelis
4351 E. Whitton Ave.
Phoenix, AZ 85018




Page 244
From: Jason Baker
To: PDD Planning Commission
Subject: Z-62-22-8
Date: Tuesday, February 28, 2023 3:39:27 PM




Planning Commission Members,

I hope that you will all read and consider my comments.

The current owners of the land on EDGEMONT AVE (located East of 42nd St & Edgemont) purchased the
property as a single family R1-6 zoned property. The previous owners, The Ladlow Family, disclosed to the new
owners that the neighborhood was UNANIMOUS in opposition for any development that would allow for higher
density. The proposed 8 townhouse units replacing a single family house is a DRASTIC alteration of the
neighborhood. The developer could easily build a couple nice homes in its current zoning and still maintain a quality
neighborhood, as they advertise their intentions as Emory Lane Homes.

I would hope that as community servants the Planning Commission would consider the impact to the surrounding
neighbors on this once quiet dead end street. Please do not let the greed of a developer override the long term
quality of a neighborhood.

I am certain if this was a case in your neighborhood you would not support it

Thank you
Jason Baker
4209 E Edgemont Ave
Phoenix AZ 85008




Page 245
From: Linda Bell
To: PDD Planning Commission
Subject: Zoning case #2-62-22-8 Corner of Edgemont and 42nd Street Phoenix, AZ
Date: Tuesday, February 28, 2023 5:36:35 PM


We live in the neighborhood and do not wish to see this developed into multi family
units. The current zoning should remain the same to keep the neighborhood as is.


Jim and Linda Bell
4048 E. Monte Vista Rd.
Phoenix, AZ 85008




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PLANNING AND DEVELOPMENT DEPARTMENT



To: Alan Stephenson Date: August 17, 2023
Deputy City Manager

From: Joshua Bednar�
Planning and D;�€pment Director

Subject: CONTINUANCE OF ITEM 110 ON THE AUGUST 28, 2 02 3 FORMAL AGENDA -
PUBLIC HEARING/FORMAL ACTION - REZONING APPLICATION Z-62-22-8-
APPROXIMATEL Y 200 FEET EAST OF THE NORTHEAST CORNER OF 42ND
STREET AND EDGEMONT AVENUE (ORDINANCE G-7098)

Item110, Rezoning Application Z-62-22-8, is a request to rezone 0.86 acres located at
approximately 200 feet east of the northeast corner of 42nd Street and Edgemont Avenue,
from R1-6 (Single-Family Residence District) to R-3 (Multifamily Residence District) to
allow multifamily residential.

The applicant requested the item be continued to the Sept. 20, 2023 City Council
the request.

Staff concurs with this request for continuance.




�
Approved: �
Alan Stephe:n, D= City Manager



Attachment:
Exhibit A - Applicant's request for continuance




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