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PHOENIX CITY COUNCIL FORMAL AGENDA

WELCOME!
You are now participating in the process of representative government. We
welcome your interest and hope you and your friends will often attend Phoenix
City Council meetings. Democracy cannot endure without an informed
electorate. Phoenix utilizes a Council-Manager form of local government.
Policy is set by the Mayor and Council who are elected by the people, and
carried out by the City Manager, who is appointed by the Council. The Council
Mayor Phil Gordon decides what is to be done and the City Manager, operating through the entire
City staff, does it. This separation of policy-making and policy administration is
Vice Mayor considered the most economical and efficient form of city government.
District 7
Michael Nowakowski FORMAL CITY COUNCIL MEETINGS
The Council takes official action at “formal” meetings each Wednesday at
District 1 3:00 p.m. Ordinances, Resolutions and Formal Actions are officially enacted
Thelda Williams or rejected at this time from the agenda. Although this agenda is subject to
change from time to time, all changes to the printed agenda will be available
District 2 24 hours prior to the meeting.
Peggy Neely The “formal” meeting may appear to proceed extremely fast, with
important decisions reached after very little discussion. Actually, Council
District 3 members receive the agenda the Friday prior to the meeting. They have the
Bill Gates opportunity to study every item on the agenda over the weekend and ask
questions of City staff members. If no additional facts are presented at the
District 4 “formal” meeting, they often act on matters, particularly routine ones, without
Tom Simplot further discussion.

District 5 HOW CITIZENS CAN PARTICIPATE


Claude Mattox Citizens may appear before the City Council or a Council Subcommittee
to express their views on any published agenda item. In addition, a Citizen
District 6 Comment Session is held on Wednesdays immediately following the formal
Sal DiCiccio City Council meetings which begin at 3:00 p.m. The City Council does not
meet every Wednesday, so please call the City Clerk Department at
District 8 602-262-6811 to confirm the date and time of the next formal meeting.
Michael Johnson If you have an individual problem involving the City, you are encouraged
to contact your District Council member at 602-262-7029 or the City
Online agendas and
Manager’s Office at 602-262-4449. To reach the Mayor’s office, call
results available at
602-262-7111. We will do everything possible to be responsive to your
www.phoenix.gov
individual requests.

REGISTERED LOBBYISTS
City Council Chambers
200 W. Jefferson St. Individuals paid to lobby on behalf of persons or organizations other than
Phoenix, AZ 85003 themselves shall register with the City Clerk prior to lobbying or within five
business days thereafter and must re-register annually. If you have any
questions about registration or whether or not you must register, please
WASHINGTON STREET N contact the City Clerk’s Office at 602-256-3186.

CALVIN An assistive listening system is available in the Council Chambers for


C.
GOODE
individuals with hearing loss. Headset units are available at the entrance
3RD AVE

table in the Chambers. In addition, the City Clerk’s office will provide sign
1ST AVE

BUILDING HISTORIC
CITY
HALL language interpreting services. Please call (voice) 602-256-3186 or (TTY)
602-534-2737 as early as possible to coordinate needed arrangements.
CITY
COUNCIL
CHAMBERS Si necesita asistencia o traducción en español, favor de llamar lo mas
pronto posible a la oficina de la Secretaría Municipal de Phoenix al
JEFFERSON STREET 602-256-3186. October 2010
City of Phoenix
Council members
and district
boundaries

Thelda Williams
602-262-7444
council.district.1
@phoenix.gov

Mayor Phil Gordon


602-262-7111
phil.gordon@phoenix.gov

Peggy Neely
602-262-7445
council.district.2
@phoenix.gov

Bill Gates
602-262-7441
council.district.3
@phoenix.gov
Tom Simplot
602-262-7447
council.district.4@phoenix.gov

Sal DiCiccio
602-262-7491
council.district.6
@phoenix.gov

Claude Mattox
602-262-7446
council.district.5@phoenix.gov

Michael Johnson
602-262-7493
council.district.8@phoenix.gov

Michael Nowakowski
602-262-7492
council.district.7@phoenix.gov

January 2010
TABLE OF CONTENTS
OF
AGENDA FOR FORMAL MEETING

WEDNESDAY, DECEMBER 15, 2010, 3:00 P.M.


COUNCIL CHAMBERS, 200 WEST JEFFERSON
PHOENIX, ARIZONA 85003

BOARDS AND COMMISSIONS

PAGE

ITEM 1 CITYWIDE IFB 11-038 - VACCON 1


SEWER TRUCKS -
REQUIREMENTS
CONTRACT

ITEM 2 CITYWIDE IFB 11-044 - CRANE 3


RENTALS -
REQUIREMENTS
CONTRACT

ITEM 3 DISTRICT 3 LIQUOR LICENSE 4


APPLICATION -
SPECIAL EVENT -
ST. PAUL ROMAN
CATHOLIC PARISH
PHOENIX

ITEM 4 DISTRICT 3 LIQUOR LICENSE 5


APPLICATION -
CHIPOTLE MEXICAN
GRILL #1595

ITEM 5 DISTRICT 4 LIQUOR LICENSE 8


APPLICATION -
SPECIAL EVENT -
ARIZONA CRAFT
BREWERS GUILD, INC.

ITEM 6 DISTRICT 4 LIQUOR LICENSE 8


APPLICATION -
CORNER MARKET
TABLE OF CONTENTS
AGENDA FOR FORMAL MEETING
WEDNESDAY, DECEMBER 15, 2010, 3:00 P.M.
PAGE 2

PAGE

ITEM 7 DISTRICT 6 LIQUOR LICENSE 12


APPLICATION -
FUEGO TACOS

ITEM 8 DISTRICT 6 LIQUOR LICENSE 15


APPLICATION -
REVO BURRITO

ITEM 9 DISTRICT 8 LIQUOR LICENSE 19


APPLICATION -
STAND UP LIVE

ITEM 10 DISTRICT 5 LIQUOR LICENSE 22


APPLICATION -
PALOMINO'S TAVERN &
GRILL

ITEM 11 DISTRICT 7 LIQUOR LICENSE 26


APPLICATION -
CARNICERIA MEXICO

ITEM 12 DISTRICT 1 RATIFICATION OF 30


PLANNING
COMMISSION ACTION

ITEM 13 DISTRICT 7 MODIFICATION OF 31


STIPULATION REQUEST
FOR RATIFICATION OF
PLANNING HEARING
OFFICER ACTION

ITEM 14 DISTRICT 6 APPEAL OF THE 37


DECISION BY THE
ABANDONMENT
HEARING OFFICER -
V-100014A
TABLE OF CONTENTS
AGENDA FOR FORMAL MEETING
WEDNESDAY, DECEMBER 15, 2010, 3:00 P.M.
PAGE 3

PAGE

ITEM 15 DISTRICT 6 APPEAL OF 39


STIPULATION 6
CONSIDERATION FEE -
V-100014A

ITEM 16 CITYWIDE ORDINANCE G-5571 - 41


AMEND CITY CODE -
CHAPTER 2 - EXPAND
HERITAGE
COMMISSION DUTIES
TO INCLUDE
HISTORICAL
CELEBRATIONS AND
COMMEMORATIONS

ITEM 17 CITYWIDE ORDINANCE G-5572 - 42


AMEND CITY CODE -
AMEND SECTION 36-158
SCHEDULE I, LOCAL
SPEED LIMITS -
CHANGES IN PHOENIX
SPEED LIMITS

ITEM 18 CITYWIDE ORDINANCE G-5573 - 46


AMEND ZONING CODE -
PUBLIC HEARING -
Z-TA-10-10 -
MEDICAL MARIJUANA

ITEM 19 DISTRICT 1 ORDINANCE G-5574 - 59


AMEND ZONING CODE -
REZONING
APPLICATION Z-18-10-1

ITEM 20 DISTRICT 4 ORDINANCE G-5575 - 60


AMEND ZONING CODE -
REZONING
APPLICATION Z-25-10-4
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WEDNESDAY, DECEMBER 15, 2010, 3:00 P.M.
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PAGE

ITEM 21 DISTRICT 6 ORDINANCE G-5576 - 60


AMEND ZONING CODE -
REZONING
APPLICATION Z-17-10-6

ITEM 22 DISTRICT 8 ORDINANCE G-5577 - 60


AMEND ZONING CODE -
REZONING
APPLICATION Z-24-10-8

ITEM 23 CITYWIDE ORDINANCE S-37579 - 61


PAYMENT ORDINANCE

ITEM 24 CITYWIDE ORDINANCE S-37580 - 61


PAYMENT ORDINANCE

ITEM 25 DISTRICT 1 ORDINANCE S-37581 - 63


PROPOSED
7TH AVENUE AND
PARK VIEW LANE
ANNEXATION

ITEM 26 CITYWIDE ORDINANCE S-37582 - 65


AMENDMENT 5 TO
AGREEMENT 122953
WITH GALLAGHER &
KENNEDY, P.A. - STATE
LEGISLATIVE
REPRESENTATION

ITEM 27 DISTRICT 8 ORDINANCE S-37583 - 66


AMEND CHILLED
WATER SERVICES
AGREEMENT WITH
NORTHWIND TO SERVE
ASU DOWNTOWN
PHOENIX CAMPUS
POST OFFICE BUILDING
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AGENDA FOR FORMAL MEETING
WEDNESDAY, DECEMBER 15, 2010, 3:00 P.M.
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ITEM 28 DISTRICT 8 ORDINANCE S-37584 - 67


AGREEMENTS WITH
ARIZONA BOARD OF
REGENTS FOR
DEVELOPMENT OF
ARIZONA CANCER
CENTER AND JOINT
DEVELOPMENT OF THE
PHOENIX BIOMEDICAL
CAMPUS

ITEM 29 CITYWIDE ORDINANCE S-37585 - 68


ROOF AND AIR
CONDITIONING REPAIR/
REPLACEMENT FROM
HAIL STORM DAMAGE

ITEM 30 CITYWIDE ORDINANCE S-37586 - 69


IFB 11-022 -
ORNAMENTAL
TUBULAR STEEL
FENCING - UNIVERSITY
PARK

ITEM 31 DISTRICTS 1 ORDINANCE S-37587 - 70


AND 7 ACCEPTANCE AND
DEDICATION OF A DEED
AND EASEMENTS FOR
PUBLIC USE

ITEM 32 DISTRICT 8 ORDINANCE S-37588 - 70


ACCEPTANCE AND
DEDICATION OF AN
EASEMENT AND A
DEED FOR PUBLIC USE
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WEDNESDAY, DECEMBER 15, 2010, 3:00 P.M.
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ITEM 33 DISTRICT 8 ORDINANCE S-37589 - 71


ACQUISITION OF
PRIVATELY-OWNED
REAL PROPERTY -
2801 AND 2805 EAST
ADAMS

ITEM 34 CITYWIDE ORDINANCE S-37590 - 72


HOUSING QUALITY
STANDARDS
INSPECTION SERVICES
RFP AWARD AND
CONTRACT WITH
HOM, INC.

ITEM 35 CITYWIDE ORDINANCE S-37591 - 73


CONTRACT FOR ESL
CLASSES FOR HEAD
START PARENTS

ITEM 36 CITYWIDE ORDINANCE S-37592 - 74


ACCEPT PULLIAM
CHARITABLE TRUST
FUNDING FOR THE
PURCHASE OF
HOLIDAY GIFT CARDS

ITEM 37 DISTRICT 8 ORDINANCE S-37593 - 74


HISTORIC
PRESERVATION BOND
FUNDS FOR SWINDALL
TOURIST INN -
1021 EAST
WASHINGTON STREET -
EMERGENCY CLAUSE
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WEDNESDAY, DECEMBER 15, 2010, 3:00 P.M.
PAGE 7

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ITEM 38 CITYWIDE ORDINANCE S-37594 - 76


SALE OF DECEASED
OFFICER GEORGE
CORTEZ'S CITY ISSUED
WEAPON TO SPOUSE,
TIFFANY CORTEZ

ITEM 39 CITYWIDE ORDINANCE S-37595 - 76


AMEND
CONTRACT 129688
FOR POLICE CUSTOM
SOFTWARE

ITEM 40 CITYWIDE ORDINANCE S-37596 - 77


AGREEMENT TO
PURCHASE UPGRADE
FOR VEHICLE
MANAGEMENT SYSTEM

ITEM 41 CITYWIDE ORDINANCE S-37597 - 78


SOLAR RENEWABLE
ENERGY CREDIT
PURCHASE
AGREEMENT GRID-TIED
PHOTOVOLTAIC
SYSTEM

ITEM 42 DISTRICT 2 RESOLUTION 20946 - 79


APPROVAL FOR THE
ISSUANCE OF UP TO
$25,000,000 OF
VARIABLE RATE
REVENUE BONDS FOR
W. L. GORE &
ASSOCIATES, INC. -
EMERGENCY CLAUSE
TABLE OF CONTENTS
AGENDA FOR FORMAL MEETING
WEDNESDAY, DECEMBER 15, 2010, 3:00 P.M.
PAGE 8

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ITEM 43 DISTRICT 6 RESOLUTION 20947 - 80


ABANDONMENT OF
RIGHT-OF-WAY -
V-090033A

ITEM 44 DISTRICT 7 RESOLUTION 20948 - 81


ABANDONMENT OF
RIGHT-OF-WAY -
V-020066A

ITEM 45 CITYWIDE REQUEST TO ISSUE 82


TERMINAL
ADVERTISING
CONCESSION RFP

ITEM 46 CITYWIDE NOTICE OF INTENT FOR 83


CONSIDERATION TO
INCREASE WATER
RATES AND SET A
PUBLIC HEARING DATE
ON THE PROPOSED
INCREASES

ITEM 47 CITYWIDE RFA 04-017J - 84


COMPUTER HARDWARE
UNDER WESTERN
STATES CONTRACTING
ALLIANCE -
REQUIREMENTS
CONTRACT

ITEM 48 CITYWIDE RFA 07-021C, 85


RFA 07-017D, AND
EPS050059 -
ALTERNATE
INFORMATION
TECHNOLOGY
OPERATIONS CENTER
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AGENDA FOR FORMAL MEETING
WEDNESDAY, DECEMBER 15, 2010, 3:00 P.M.
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ITEM 49 CITYWIDE IFB 10-038A - EXTERIOR 86


PAINTING OF HOUSING
DEPARTMENT
COMPLEXES -
FEDERALLY FUNDED

ITEM 50 CITYWIDE NATIONAL IPA 073103A 87


PANASONIC
TOUGHBOOK,
ACCESSORIES, AND
SERVICE -
REQUIREMENTS
CONTRACT

ITEM 51 CITYWIDE LITIGATION AGAINST 88


CONTRACTORS FOR
DEMOLITION DEBRIS
REMOVAL

ITEM 52 CITYWIDE IGA WITH REGIONAL 88


PUBLIC
TRANSPORTATION
AUTHORITY FOR
PURCHASED SERVICE

ITEM 53 CITYWIDE AMEND 89


AGREEMENT 127377
WITH THE CITY OF
GLENDALE

ITEM 54 CITYWIDE TRANSIT BUS SERVICE 90


CHANGES

ITEM 55 DISTRICT 3 PT03130001 - SOUTH 91


TRANSIT FACILITY
REFURBISHMENT
STUDY
TABLE OF CONTENTS
AGENDA FOR FORMAL MEETING
WEDNESDAY, DECEMBER 15, 2010, 3:00 P.M.
PAGE 10

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ITEM 56 CITYWIDE SOILS AND MATERIALS 92


TESTING ON-CALL
SERVICES FOR
CALENDAR YEAR 2011

ITEM 57 DISTRICT 7 ST85100145 - DESIGN 94


AND CONSTRUCTION
SERVICES AGREEMENT
WITH SRP - LOWER
BUCKEYE ROAD - 43RD
TO 35TH AVENUES

ITEM 58 DISTRICT 7 FINAL PLAT - 95


91ST AVENUE
WASTEWATER
TREATMENT PLANT -
090008

ITEM 59 DISTRICT 8 FINAL PLAT - HYDE 96


PROPERTY - 100043
AGENDA FOR FORMAL MEETING
PHOENIX CITY COUNCIL
WEDNESDAY, DECEMBER 15, 2010, 3:00 P.M.
COUNCIL CHAMBERS, 200 WEST JEFFERSON
PHOENIX, ARIZONA 85003

INVOCATION

The invocation to be given by Father Poulson Reed, All Saints Episcopal Church.

PLEDGE

The Pledge of Allegiance to the Flag to be led by Councilman Claude Mattox.

ROLL CALL

BOARDS AND COMMISSIONS

Appointments to Boards and Commissions and administering of oaths of office.

The names of persons being recommended for appointment and the Board,
Commission, or Committee to which their appointments are being recommended
are available in the City Clerk’s Office, 15th Floor, Phoenix City Hall, 200 West
Washington Street, not less than 24 hours prior to the meeting.

CONSIDERATION OF BIDS

ITEM 1 CITYWIDE IFB 11-038 - VACCON SEWER


TRUCKS - REQUIREMENTS
CONTRACT

Report of five bids received by Purchasing on October 8, 2010, for Vaccon sewer
trucks for the Water Services Department. Following is a tabulation of the bids
received:
Bidder Total Bid Prices
Freightliner, Sterling, Western Star of Arizona $327,414*
Tolleson, Arizona

Norwood Equipment, Inc. $328,898


Phoenix, Arizona

Freightliner, Sterling, Western Star of Arizona $345,416


Tolleson, Arizona (Alternate Bid)

Freightliner, Sterling, Western Star of Arizona $347,820


Tolleson, Arizona (Alternate Bid)

It is recommended by the Deputy Finance Director and the Deputy Public Works
Director that the bid of Freightliner, Sterling, Western Star of Arizona, as
asterisked, be accepted as the lowest responsive and responsible bid.

One bid was deemed as non-responsive for submitting an offer that did not
comply with the specifications.

Funds are available in the Water Services Department’s budget. The estimated
annual expenditure is $327,500 based on historical trends. Actual usage of this
contract may be higher or lower depending on need and budgeted funds.

Provisions of the agreement include an option to extend the contract up to


four additional years, in one-year increments, which will be exercised by staff if
considered in the City’s best interest to do so.

It is estimated that this contract will create three private sector jobs.

The subject firm is eligible to do business with the City of Phoenix until
October 11, 2011, by its compliance with the affirmative action requirements of
the City Code, Chapter 18, Article IV or V. The firm is responsible for maintaining
its eligibility during the life of the contract and failure to do so may result in
termination of the contract.

This item is also recommended by Mr. Miller.

12/15/2010 -2-
ITEM 2 CITYWIDE IFB 11-044 - CRANE RENTALS -
REQUIREMENTS CONTRACT

Report of three bids received by Purchasing on October 22, 2010, to provide the
Public Works Department with crane rental services on an as-needed basis
during the contract period beginning on or about January 1, 2011 and ending
December 31, 2012. Following is a tabulation of the lowest bids received:

Unit Bid Prices


Bidder Group 1 Group 2
Maxim Crane Works, LP $110 per Hour* $110 - $265 per Hour*
Phoenix, Arizona No Delivery Fee* No Delivery Fee*

Marco Crane & Rigging $100 per Hour $100 - $274.50 per Hour
Company $100 Delivery Fee $100 - $274.50 Delivery Fee
Phoenix, Arizona

It is recommended by the Deputy Finance Director and the Deputy Public Works
Director that the bid of Maxim Crane Works, LP, as asterisked, be accepted as
the overall lowest responsive and responsible bidder.

Although the hourly rate of Maxim Crane is higher, their bid included no delivery
fees which will provide the overall lowest cost to the City. One bidder submitted
a partial bid and was declared non-responsive.

Group 1 consists of light duty cranes with a minimum lifting capacity of


700 pounds. Approximately 70 percent of the rentals will be light duty cranes for
one to four hours of use. Group 2 consists of heavy duty cranes with capacities
ranging from 10 to 100 tons. Bid prices include the cost of the crane operator/
driver.

Financial Impact
The estimated annual expenditure, excluding tax, is approximately $45,000
based on historical trends. Actual usage of this contract may be higher or lower
depending on need and budgeted funds. Funds are available in the Public
Works Department’s budget.

Employment Impact
It is estimated this contract will create one private sector job.

Provisions of the agreement include an option to extend the contract up to


three additional years, in one-year increments, which will be exercised by staff if
considered in the City’s best interest to do so.

12/15/2010 -3-
Affirmative Action
The subject firm is eligible to do business with the City of Phoenix until June 25,
2011, by its compliance with the affirmative action requirements of the City Code,
Chapter 18, Article IV or V. The firm is responsible for maintaining its eligibility
during the life of the contract and failure to do so may result in termination of the
contract.

This item is also recommended by Mr. Mann.

LIQUOR LICENSE APPLICATIONS

ITEM 3 DISTRICT 3 LIQUOR LICENSE


APPLICATION - SPECIAL
EVENT - ST. PAUL ROMAN
CATHOLIC PARISH PHOENIX

The following is an application for a Special Event liquor license for temporary
sale of all liquors. There are no departmental objections and no protests.

Series Definition
SE – Special Event License for temporary sale of all liquors

District Applicant Name and Address Event Information

3 Michael Straley Event Location:


St. Paul Roman Catholic Parish 330 West Coral Gables Drive
Phoenix
330 West Coral Gables Drive Day/Date/Time:
Friday, December 31, 2010
(Dinner/Dance) 7:00 p.m. to 12 midnight

Total Expected Attendance: 180

Staff Recommendation – Staff recommends approval of this application.

This item is submitted by Ms. Takata and the City Clerk Department.

12/15/2010 -4-
ITEM 4 DISTRICT 3 LIQUOR LICENSE
APPLICATION - CHIPOTLE
MEXICAN GRILL #1595

Request for a Series 12, Restaurant-All Liquor on Premises, liquor license in an


area zoned RSC PCD. Arizona State Application 12078557.

Applicant: H.J. Lewkowitz, Agent


Chipotle Mexican Grill #1595
4622 East Cactus Road

This request is for a new Series 12 liquor license for a restaurant. This location
was not previously licensed for liquor sales and does not have an interim permit.
The operation plan filed with the application shows that the restaurant area
seats 75 and the bar area seats 18. This business is currently being remodeled
with plans to open in February 2011. This location is not within 2,000 feet of a
proposed light rail station.

The sixty-day limit for processing this application is Sunday, December 26, 2010.

Consideration may be given to the applicant's personal qualifications and to the


location.

1. Department of Liquor Licenses and Control Public Access Data – This


information is not provided due to the multiple ownership interests held by
the applicant in the State of Arizona.

2. Police Calls for Service – This information is not provided due to the
multiple ownership interests of the applicant.

3. Public Opinion – No petitions or protests have been received.

4. 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:

A. I have the capability, qualifications, and reliability to hold a liquor


license because: “Chipotle Mexican Grill, Inc (and related entities)
hold over 600 liquor licenses throughout the United States, including
39 licenses in Arizona. Chipotle has been a responsible licensee in
Arizona since the issuance of its first license in 1999. All Managers
and staff will be trained in the techniques of alcohol management
and/or service.”

12/15/2010 -5-
B. The public convenience requires and the best interest of the
community will be substantially served by the issuance of the liquor
license because: “Chipotle Mexican Grill is a quick-serve Mexican
eatery enjoyed by area residents, visitors and workers. In addition to
freshly-prepared tacos and burritos, Chipotle would like to offer its
guests berr and margaritas as an incident to their meal. Alcohol sales,
which are limited to bottled beer and margaritas, account for only 2-3%
of revenue; however, it is considered an integral part of the
restaurant’s concept.”

5. Neighborhood Stability

1 1/2
Liquor License Data Mile Mile Crime Data Avg. 1 Mile 1/2 Mile
Description Series # # Violent
Bar 6 2 1 Crimes 5.82 2.63 3.88
Beer & Wine Bar 7 3 2 Property
Liquor Store 9 4 4 Crimes 45.04 49.95 86.55
Beer & Wine Store 10 7 5
Hotel 11 1 1 Property Violation
Restaurant 12 21 17 Data Avg. 1/2 Mile
Parcels w/Violations 56 11
Total Violations 102 14

Census 2000 Data 1/2 Mile


Block Owner Residential Persons In
Group 2000 Population Occupied Vacancy Poverty
1032052 934 95% 2% 5%
1032053 765 100% 3% 2%
1032082 887 39% 16% 9%
1032083 1010 88% 10% 1%
1032091 2042 43% 9% 7%
1032101 1156 21% 8% 8%
1032102 815 81% 25% 4%
1032103 2688 5% 7% 5%
1032106 550 4% 4% 23%
Average 63% 6% 15%

6. Staff Recommendation – Staff recommends approval of this application.

A map indicating liquor licenses within a one-mile radius accompanies this item
on the following page.

This item is submitted by Ms. Takata and the City Clerk Department.

12/15/2010 -6-
District 3 H.J. Lewkowitz, Agent
Chipotle Mexican Grill #1595
4622 East Cactus Road

12/15/2010 -7-
ITEM 5 DISTRICT 4 LIQUOR LICENSE
APPLICATION - SPECIAL
EVENT - ARIZONA CRAFT
BREWERS GUILD, INC.

The following is an application for a Special Event liquor license for temporary
sale of all liquors. There are no departmental objections and no protests.

Series Definition
SE – Special Event License for temporary sale of all liquors

District Applicant Name and Address Event Information

4 Jerry Gantt Event Location:


Arizona Craft Brewers 300 East Indian School Road
Guild, Inc.
P.O. Box 27657 Day/Date/Time:
Saturday, February 19, 2011
(Dinner/Live Music) 12 noon to 5:00 p.m.

Total Expected Attendance: 1,600

Staff Recommendation – Staff recommends approval of this application.

This item is submitted by Ms. Takata and the City Clerk Department.

ITEM 6 DISTRICT 4 LIQUOR LICENSE


APPLICATION - CORNER
MARKET

Request for a Series 10, Off Sale-Beer and Wine, liquor license in an area
zoned R1-6. Arizona State Application 10076098.

Applicant: Michael Zuraikat, Agent


Corner Market
1901 East Clarendon Avenue

This request is for a new Series 10 liquor license for a convenience store that
does not sell gas. This location was previously licensed for liquor sales and is
currently operating with an interim permit. This location is not within 2,000 feet of
a proposed light rail station.

The sixty-day limit for processing this application is Thursday, December 23,
2010.

12/15/2010 -8-
Consideration may be given to the applicant's personal qualifications and to the
location.

1. Department of Liquor Licenses and Control Public Access Data – This


database indicates that the applicant does not hold an interest in any other
liquor license in the State of Arizona.

2. Police Calls for Service – Not applicable since the applicant does not hold
an interest in any other liquor license in the City of Phoenix.

3. Public Opinion – No petitions or protests have been received.

4. 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:

A. I have the capability, qualifications, and reliability to hold a liquor


license because: “For one thing, my father has been in this business
all my life and I have seen the right way to run this type of business.
Also, I have been a responsible adult, with no record, no problems with
the law, and a good citizen.”

B. The public convenience requires and the best interest of the


community will be substantially served by the issuance of the liquor
license because: “It is a neighborhood store that provides a
convenient location for the families in this community. They have all
expressed happiness to have this store up and running again. We
hope to be here for many years to continue to service this community.”

5. Neighborhood Stability

1 1/2
Liquor License Data Mile Mile Crime Data Avg. 1 Mile 1/2 Mile
Description Series # # Violent
Bar 6 11 2 Crimes 5.82 9.92 8.41
Beer & Wine Bar 7 2 0 Property
Liquor Store 9 4 0 Crimes 45.04 75.51 64.66
Beer & Wine Store 10 11 6
Restaurant 12 5 2 Property Violation
Data Avg. 1/2 Mile
Parcels w/Violations 56 95
Total Violations 102 170

12/15/2010 -9-
Census 2000 Data 1/2 Mile
Block Owner Residential Persons In
Group 2000 Population Occupied Vacancy Poverty
1085004 914 50% 4% 20%
1085005 624 30% 12% 23%
1086023 1195 6% 8% 19%
1106001 976 32% 6% 13%
1106002 706 42% 4% 4%
1107011 808 28% 5% 45%
1107012 850 63% 10% 36%
1107013 757 26% 6% 25%
1107021 967 73% 0% 4%
1107022 978 28% 7% 13%
1107023 950 72% 0% 24%
1107024 929 50% 6% 23%
Average 63% 6% 15%

6. Staff Recommendation – Staff recommends approval of this application.

If denied, the applicant will not continue operations without a liquor license
and the previous owner will not resume ownership.

A map indicating liquor licenses within a one-mile radius accompanies this item
on the following page.

This item is submitted by Ms. Takata and the City Clerk Department.

12/15/2010 - 10 -
District 4 Michael Zuraikat, Agent
Corner Market
1901 East Clarendon Avenue

12/15/2010 - 11 -
ITEM 7 DISTRICT 6 LIQUOR LICENSE
APPLICATION - FUEGO TACOS

Request for a Series 12, Restaurant-All Liquor on Premises, liquor license in an


area zoned C-2 HR SP. Arizona State Application 12078563.

Applicant: Theresa Morse, Agent


Fuego Tacos
2501 East Camelback Road, #40

This request is for a new Series 12 liquor license for a restaurant. This location
was previously licensed for liquor sales as Nixon’s at the Esplanade until October
2008 and does not have an interim permit. The operation plan filed with the
application shows that the restaurant area seats 52 and the bar area seats 10.
This business is currently being remodeled with plans to open in January 2011.
This location is not within 2,000 feet of a proposed light rail station.

The sixty-day limit for processing this application is Monday, January 3, 2011.

Consideration may be given to the applicant's personal qualifications and to the


location.

1. Department of Liquor Licenses and Control Public Access Data – The


ownership of this business also has an interest in the following liquor
license:

Fuego Bistro
713 East Palo Verde, Suites D and E
Phoenix, Arizona

The Public Access Database indicates that the above license has not had
any administrative sanctions levied against the ownership by the
Department.

2. Police Calls for Service – The Department reports the following number of
aggregate calls for police service in the last 12 months at establishments
located in the City of Phoenix in which the applicant has an ownership
interest:

Fuego Bistro
713 East Palo Verde, Suites D and E
0 calls

3. Public Opinion – No petitions or protests have been received.

12/15/2010 - 12 -
4. 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:

A. I have the capability, qualifications, and reliability to hold a liquor


license because: “20 years of experience in the restaurant business I
have held a liquor license in Arizona with out any issue since 2006.”

B. 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 use respondsibility and caution when using the
priviledge of serving alcohol in my premises.”

5. Neighborhood Stability

1 1/2
Liquor License Data Mile Mile Crime Data Avg. 1 Mile 1/2 Mile
Description Series # # Violent
Bar 6 2 2 Crimes 5.82 3.63 3.85
Beer & Wine Bar 7 6 2 Property
Liquor Store 9 4 0 Crimes 45.04 59.18 64.71
Beer & Wine Store 10 4 1
Hotel 11 1 1 Property Violation
Restaurant 12 40 15 Data Avg. 1/2 Mile
Parcels w/Violations 56 29
Total Violations 102 44

Census 2000 Data 1/2 Mile


Block Owner Residential Persons In
Group 2000 Population Occupied Vacancy Poverty
1077002 181 90% 4% 3%
1078003 463 96% 14% 1%
1078004 1065 52% 24% 6%
1084001 712 97% 4% 1%
1084004 815 71% 6% 10%
1084005 1162 21% 5% 13%
1085003 1203 11% 14% 5%
Average 63% 6% 15%

6. Staff Recommendation – Staff recommends approval of this application.

A map indicating liquor licenses within a one-mile radius accompanies this item
on the following page.

This item is submitted by Ms. Takata and the City Clerk Department.

12/15/2010 - 13 -
District 6 Theresa Morse, Agent
Fuego Tacos
2501 East Camelback Road, #40

12/15/2010 - 14 -
ITEM 8 DISTRICT 6 LIQUOR LICENSE
APPLICATION - REVO
BURRITO

Request for a Series 12, Restaurant-All Liquor on Premises, liquor license in an


area zoned C-1. Arizona State Application 12078561.

Applicant: Andrea Lewkowitz, Agent


Revo Burrito
3154 East Camelback Road

This request is for a new Series 12 liquor license for a restaurant. This location
was not previously licensed for liquor sales and does not have an interim permit.
The operation plan filed with the application shows that the restaurant area
seats 34 and there is no bar area. This location is not within 2,000 feet of a
proposed light rail station.

The sixty-day limit for processing this application is Monday, January 3, 2011.

Consideration may be given to the applicant's personal qualifications and to the


location.

1. Department of Liquor Licenses and Control Public Access Data – The


ownership of this business also has an interest in the following liquor
licenses:

Delux Zen 32
3146 East Camelback Road 3160 East Camelback Road
Phoenix, Arizona Phoenix, Arizona

Zen 32
In October 2004, a warning letter was issued for altering the floor plan
without notifying the Department.

In March 2010, a warning letter was issued for failing to follow the
identification procedure prescribed by State statues and selling, giving, or
furnishing an underage person with alcohol.

2. Police Calls for Service – The Department reports the following number of
aggregate calls for police service in the last 12 months at establishments
located in the City of Phoenix in which the applicant has an ownership
interest:

Delux Zen 32
3146 East Camelback Road 3160 East Camelback Road
7 calls 6 calls

12/15/2010 - 15 -
3. Public Opinion – No petitions or protests have been received.

4. 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:

A. I have the capability, qualifications, and reliability to hold a liquor


license because: “Applicant is committed to the responsible
sale/service of alcoholic beverages under Arizona liquor laws.
Managers and staff have been, or will be, trained in the techniques of
alcohol sales and service to assure proper service to their guests.”

B. The public convenience requires and the best interest of the


community will be substantially served by the issuance of the liquor
license because: “Over the past year since Revo Burrito has opened,
many guests have requested alcoholic beverages as an incident to
their meals. Revo Burrito would like to offer its guests alcoholic
beverages in addition to the natural, healthy Mexican food they serve.”

5. Neighborhood Stability

1 1/2
Liquor License Data Mile Mile Crime Data Avg. 1 Mile 1/2 Mile
Description Series # # Violent
Bar 6 2 0 Crimes 5.82 2.58 1.14
Beer & Wine Bar 7 2 1 Property
Liquor Store 9 2 2 Crimes 45.04 48.17 44.71
Beer & Wine Store 10 1 0
Hotel 11 1 0 Property Violation
Restaurant 12 22 7 Data Avg. 1/2 Mile
Parcels w/Violations 56 28
Total Violations 102 39

12/15/2010 - 16 -
Census 2000 Data 1/2 Mile
Block Owner Residential Persons In
Group 2000 Population Occupied Vacancy Poverty
1078003 463 96% 14% 1%
1078004 1065 52% 24% 6%
1083004 1089 61% 6% 6%
1083005 951 75% 3% 2%
1084001 712 97% 4% 1%
1084004 815 71% 6% 10%
Average 63% 6% 15%

6. Staff Recommendation – Staff recommends approval of this application.

A map indicating liquor licenses within a one-mile radius accompanies this item
on the following page.

This item is submitted by Ms. Takata and the City Clerk Department.

12/15/2010 - 17 -
District 6 Andrea Lewkowitz, Agent
Revo Burrito
3154 East Camelback Road

12/15/2010 - 18 -
ITEM 9 DISTRICT 8 LIQUOR LICENSE
APPLICATION - STAND UP
LIVE

Request for a Series 6, On Sale-All Liquor, liquor license in an area


zoned DTC-BCORE. Arizona State Application 06070003.

Applicant: Andrea Lewkowitz, Agent


Stand Up Live
50 West Jefferson Street, Suite 200

This request is for an ownership and location transfer of a Series 6 liquor license
from Glendale for a comedy club. This location was not previously licensed for
liquor sales and does not have an interim permit. This business is currently
under construction with plans to open in January 2011. This location is within
2,000 feet of a light rail station.

The sixty-day limit for processing this application is Sunday, December 26, 2010.

Consideration may be given to the applicant's personal qualifications and to the


location.

1. Department of Liquor Licenses and Control Public Access Data – This


database indicates that the applicant does not hold an interest in any other
liquor license in the State of Arizona.

2. Police Calls for Service – Not applicable since the applicant does not hold
an interest in any other liquor license in the City of Phoenix.

3. Public Opinion – No petitions or protests have been received.

4. 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:

A. I have the capability, qualifications, and reliability to hold a liquor


license because: “Applicant is committed to the responsible service of
alcoholic beverages under Arizona liquor laws. Managers and staff
have been, or will be, trained in the techniques of alcohol sales and
service to assure proper service to their guests.”

12/15/2010 - 19 -
B. The public convenience requires and the best interest of the
community will be substantially served by the issuance of the liquor
license because: “Applicant is opening a comedy club in the
downtown City Scape project. The club will feature live shows such as
comedians and musicians. Applicant would like to off alcoholic
beverages to its guest over 21.”

5. Neighborhood Stability

1 1/2
Liquor License Data Mile Mile Crime Data Avg. 1 Mile 1/2 Mile
Description Series # # Violent
Wholesaler 4 2 0 Crimes 5.82 19.83 26
Government 5 7 3 Property
Bar 6 21 19 Crimes 45.04 75.58 97.85
Beer & Wine Bar 7 7 2
Liquor Store 9 4 2 Property Violation
Beer& Wine Store 10 7 0 Data Avg. 1/2 Mile
Hotel 11 3 2 Parcels w/Violations 56 42
Restaurant 12 40 24 Total Violations 102 72
Club 14 5 2

Census 2000 Data 1/2 Mile


Block Owner Residential Persons In
Group 2000 Population Occupied Vacancy Poverty
1131001 563 20% 21% 6%
1131002 452 0% 25% 33%
1131003 798 0% 7% 44%
1131004 565 16% 10% 50%
1141001 1909 2% 5% 39%
1142001 915 20% 11% 69%
1142002 1104 27% 6% 46%
1143011 672 16% 19% 52%
1143012 669 0% 17% 53%
Average 63% 6% 15%

6. Staff Recommendation – Staff recommends approval of this application.

A map indicating liquor licenses within a one-mile radius accompanies this item
on the following page.

This item is submitted by Ms. Takata and the City Clerk Department.

12/15/2010 - 20 -
District 8 Andrea Lewkowitz, Agent
Stand Up Live
50 West Jefferson Street, Suite 200

12/15/2010 - 21 -
ITEM 10 DISTRICT 5 LIQUOR LICENSE
APPLICATION - PALOMINO'S
TAVERN & GRILL

Request for a Series 12, Restaurant-All Liquor on Premises, liquor license in an


area zoned C-2. Arizona State Application 12078552.

Applicant: David Wyma II


Palomino's Tavern & Grill
2744 West Northern Avenue

This request is for a new Series 12 liquor license for a restaurant/bar. This
location was previously licensed for liquor sales as O.P. Club with a Series 6,
On Sale-All Liquor, liquor license and does not have an interim permit. The
operation plan filed with the application shows that the restaurant area seats 58
and the bar area seats 8. This location requires a Use Permit for outdoor alcohol
consumption and outdoor dining. This business is currently under construction
with plans to open in January 2011. This location is not within 2,000 feet of a
proposed light rail station.

The sixty-day limit for processing this application is Thursday, December 23,
2010.

Consideration may be given to the applicant's personal qualifications and to the


location.

1. Department of Liquor Licenses and Control Public Access Data – This


database indicates that the applicant does not hold an interest in any other
liquor license in the State of Arizona.

2. Police Calls for Service – Not applicable since the applicant does not hold
an interest in any other liquor license in the City of Phoenix.

3. Public Opinion – One letter protesting the issuance of this license has been
received and is on file in the Office of the City Clerk.

The letter is from the Alta Vista Neighborhood Block Watch. The letter
states that they are conditionally opposed, as they have not been able to
contact the applicant to gain more information regarding the business plan.
The association also expresses concern with the number of existing liquor
licenses in the area.

12/15/2010 - 22 -
4. 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:

A. I have the capability, qualifications, and reliability to hold a liquor


license because: “16+ years bartending, 5+ years managing bar &
restaurant, 6+ years cooking/serving in restaurant(s).”

B. The public convenience requires and the best interest of the


community will be substantially served by the issuance of the liquor
license because: “I plan to build a full kitchen which will create a family
environment, involving the community in social events. The Palomino
needs the facelift I can give to bring it to a neighborhood comfort place
w/comfortable food & drinks.”

5. Neighborhood Stability

1 1/2
Liquor License Data Mile Mile Crime Data Avg. 1 Mile 1/2 Mile
Description Series # # Violent
Bar 6 3 0 Crimes 5.82 15.37 14.6
Beer & Wine Bar 7 3 1 Property
Liquor Store 9 2 0 Crimes 45.04 96.08 101.3
Beer & Wine Store 10 9 3
Restaurant 12 5 2 Property Violation
Data Avg. 1/2 Mile
Parcels w/Violations 56 125
Total Violations 102 247

Census 2000 Data 1/2 Mile


Block Owner Residential Persons In
Group 2000 Population Occupied Vacancy Poverty
1055002 1137 0% 8% 20%
1055004 147 100% 0% 0%
1056012 1239 95% 4% 21%
1056013 946 79% 4% 17%
1056014 728 77% 4% 10%
1056024 740 73% 7% 9%
1059001 958 86% 0% 15%
1059005 1122 29% 4% 16%
1060003 868 26% 11% 44%
1060008 713 29% 5% 22%
Average 63% 6% 15%

12/15/2010 - 23 -
6. Staff Recommendation – Staff recommends disapproval of this application
based on Planning Department and Police Department recommendations
for disapproval.

The Planning Department disapproval is based on the applicant’s failure to


obtain the required Use Permit.

The Police Department disapproval is based on concerns with the


applicant’s failure to provide full financial disclosure and inconsistencies on
the applicant’s City and State applications.

A map indicating liquor licenses within a one-mile radius accompanies this item
on the following page.

This item is submitted by Ms. Takata and the City Clerk Department.

12/15/2010 - 24 -
District 5 David Wyma II
Palomino's Tavern & Grill
2744 West Northern Avenue

12/15/2010 - 25 -
ITEM 11 DISTRICT 7 LIQUOR LICENSE
APPLICATION - CARNICERIA
MEXICO

Request for a Series 10, Off Sale-Beer and Wine, liquor license in an area
zoned C-1. Arizona State Application 10076097.

Applicant: Guillermo Vega Gomez, Agent


Carniceria Mexico
4450 South 19th Avenue

This request is for a new Series 10 liquor license for a grocery store. This
location was not previously licensed for liquor sales and does not have an interim
permit. This location requires a Use Permit for alcohol sales within 300 feet of a
residential district. This location is not within 2,000 feet of a proposed light rail
station.

The sixty-day limit for processing this application is Thursday, December 23,
2010.

Consideration may be given to the applicant's personal qualifications and to the


location.

1. Department of Liquor Licenses and Control Public Access Data – The


ownership of this business also has an interest in the following liquor
licenses:

Carniceria Uruapan Super Carniceria Uruapan


11926 West Thunderbird Road 5821 North 67th Avenue,
El Mirage, Arizona Suites 112 and 113
Glendale, Arizona

The Public Access Database indicates that the above license has not had
any administrative sanctions levied against the ownership by the
Department.

2. Police Calls for Service – Not applicable since the applicant does not hold
an interest in any other liquor license in the City of Phoenix.

3. Public Opinion – No petitions or protests have been received.

12/15/2010 - 26 -
4. 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:

A. I have the capability, qualifications, and reliability to hold a liquor


license because: “I currently have another convenience store with a
beer & wine liquor license. I have not had any violations and have
already attended both basic and management liquor law training. I will
make certain that all of my employees are properly trained in liquor
laws as I know it is very important for public safety.”

B. The public convenience requires and the best interest of the


community will be substantially served by the issuance of the liquor
license because: “The south side of Phoenix has very few grocery
outlets where the customers can purchase fresh meat, fruits and
vegetables. I believe my market will be an asset to the residential area
and to neighborhoods as opposed to shopping at major chain food
stores. Many people do not have vehicles and this will be convenient
for customers to obtain all of their grocery needs from my market.”

5. Neighborhood Stability

1 1/2
Liquor License Data Mile Mile Crime Data Avg. 1 Mile 1/2 Mile
Description Series # # Violent
Bar 6 1 1 Crimes 5.82 4.09 6.75
Liquor Store 9 1 0 Property
Beer & Wine Store 10 8 3 Crimes 45.04 30.66 39.12

Property Violation
Data Avg. 1/2 Mile
Parcels w/Violations 56 30
Total Violations 102 52

Census 2000 Data 1/2 Mile


Block Owner Residential Persons In
Group 2000 Population Occupied Vacancy Poverty
1147011 917 66% 7% 53%
1148003 786 47% 2% 40%
1156001 2600 75% 3% 27%
1157002 1981 77% 3% 27%
1157003 1448 84% 3% 16%
Average 63% 6% 15%

12/15/2010 - 27 -
6. Staff Recommendation – Staff recommends disapproval of this application
based on Planning Department and Police Department recommendations
for disapproval.

The Planning Department disapproval is based on the applicant’s failure to


obtain the required Use Permit.

The Police Department disapproval is based on concerns with the


applicant’s failure to demonstrate that he is capable, reliable, or qualified to
hold and control a liquor license. The applicant falsified his application, has
a history of liquor law violations, and was found to be a hidden owner of the
Carniceria Uruapan liquor license. Additionally, the Arizona Department of
Liquor Licenses and Control has initiated an active case on the licenses the
applicant currently possesses.

If denied, the applicant will continue operations without a liquor license and
the previous owner will not resume ownership.

A map indicating liquor licenses within a one-mile radius accompanies this item
on the following page.

This item is submitted by Ms. Takata and the City Clerk Department.

12/15/2010 - 28 -
District 7 Guillermo Vega Gomez, Agent
Carniceria Mexico
4450 South 19th Avenue

12/15/2010 - 29 -
PETITIONS, COMMUNICATIONS, AND PUBLIC HEARINGS

ITEM 12 DISTRICT 1 RATIFICATION OF PLANNING


COMMISSION ACTION

Request to approve a recommendation made on the following rezoning request


which was heard by the Planning Commission on Wednesday, November 10,
2010.

Z-66-B-96-1
FORTUNE DRIVE AND VISION
WAY

Application: Z-66-B-96-1
Existing Zoning: CP/GCP PCD
Request: C-2 PCD
Acreage: 0.86
Location: Southeast corner of Fortune Drive and Vision Way
Proposal: Major amendment to the Anthem Planned Community
Development (PCD) to allow a lounge accessory to a cigar
store.
Applicant: Michael J. Curley - Earl, Curley, and Lagarde
Owner: Jim Wilks - JW Commercial Property, LLC
Representative: Ricardo Toris
Staff: Approved, subject to stipulations.
VPC Action: Rio Vista - October 25, 2010 - Approved, subject to staff
stipulations. Vote 4-0
PC Action: November 10, 2010 - Approved, subject to stipulations.
Vote 7-0

Stipulations

1. That the development shall be in general conformance with the site plan
date stamped October 7, 2010, as approved or modified by the Planning
and Development Services Department.

2. That C-2 parcels shall be developed in accordance with the Anthem


Design Guidelines and with a similar architectural theme. Design
considerations are to be established through the design review process
with the Planning and Development Services Department to reduce visual
intrusion into the adjoining neighborhood through texture, banding,
cornices, materials, etc., to provide a “softening” of the buildings. The
architectural theme for the site is to be approved by the Planning and
Development Services Department.

12/15/2010 - 30 -
3. That all freestanding signage on commercial parcels shall be monument
type (a maximum of 8 feet in height), as approved by the Planning and
Development Services Department.

4. That development shall be subject to all prior guidelines and stipulations


approved under Z-66-96-1, Z-62-98-1, Z-182-99-1, Z-7-01-1,
Z-SP-35-01-1, Z-30-02-1, Z-134-02-1, Z-135-02-1, Z-53-03-1, Z-60-04-1,
and Z-129-06-1, as approved by the Planning and Development Services
Department.

This item is recommended by Mr. Krietor and the Planning and Development
Services Department.

ITEM 13 DISTRICT 7 MODIFICATION OF


STIPULATION REQUEST FOR
RATIFICATION OF PLANNING
HEARING OFFICER ACTION

Request to approve the Planning Hearing Officer’s recommendation without


further hearing by the City Council on a matter heard by the Planning Hearing
Officer on Wednesday, July 21, 2010. The case was taken out from under
advisement on December 1, 2010.

67TH AVENUE AND


ROOSEVELT STREET
APPLICANT: IRWIN G.
PASTERNACK; AIA, PC
OWNER: ESTRELLA VISTA
COMMERCE CENTER, LLC
REPRESENTATIVE: IRWIN G.
PASTERNACK; AIA, PC

Application: Z-71-88-7
Existing Zoning: CP/GCP
Acreage: Northeast corner of 67th Avenue and Roosevelt Street
Location: 80.01
Proposal: 1) Modification to Stipulation 1 regarding 30-foot landscape
building setback.
2) Modification to Stipulation 4 regarding right-of-way
dedication for Roosevelt Street and 63rd Avenue.
3) Modification to Stipulation 6 regarding the construction of
a six-foot masonry wall.
4) Modification to Stipulation 8 regarding building height.
5) Modification to Stipulation 10 regarding the phasing of
off-site improvements.
6) Delete Stipulation 14 regarding no retail on south half of
Lot 10.
7) Technical corrections to Stipulations 4.g, 4.h, and 13.
12/15/2010 - 31 -
The Planning Hearing Officer took this case under advisement on July 21, 2010.
The case was taken out from under advisement on December 1, 2010. The
Planning Hearing Officer recommended approval with modifications and
additional stipulations.

The Estrella Village Planning Committee did not review this request.

Stipulations

1. THAT THE DEVELOPMENT SHALL BE IN GENERAL


CONFORMANCE TO THE SITE PLAN DATE STAMPED
DECEMBER 1, 2010, AS APPROVED BY THE PLANNING AND
DEVELOPMENT SERVICES DEPARTMENT.

1. 2. That a 30 10-foot landscape building setback be provided along the


Papago Freeway (I-10). Such landscaping to include minimum
2-1/2 inch caliper shade trees planted a minimum 20 feet on center, or in
equivalent groupings as approved by the PLANNING AND Development
Coordination Office SERVICES DEPARTMENT.

2. 3. That no structure within 100 feet of the northern property line shall have
a building facade facing the Papago Freeway (I-10), exceeding a length
of 350 feet. A minimum separation of 60 feet shall be provided between
such buildings.

3. 4. That the facade and roofline treatment, including texture, coloration, and
building materials, shall be consistent around each entire structure.

4. 5. That the following right-of-way SHALL be dedicated within one year of


final City Council approval AS PART OF THE FOLLOWING PHASES,
OR AS APPROVED OR MODIFIED BY THE PLANNING AND
DEVELOPMENT SERVICES OR STREET TRANSPORTATION
DEPARTMENTS:

a. A 33-foot half street for Roosevelt Street.


b. A 33-foot half street for 63rd Avenue.
c. A 21-foot by 21-foot triangle at 67th Avenue and Roosevelt Street.
d. A 21-foot by 21-foot triangle at 63rd Avenue and Roosevelt Street.
e. Right-of-way transition on 67th Avenue from Roosevelt Street to the
beginning of the 70-foot half station section.
f. A bus bay on 67th Avenue north of Roosevelt Street (Detail 1257).
g. That adequate right-of-way be provided for unnumbered major
street project 67th Avenue - Van Buren Street to McDowell as may
be required by the Street and Traffic Department.
h. Additional right-of-way be provided as may be required by the
Development Coordination Office at the time of subdivision review.

12/15/2010 - 32 -
PHASE I

a. RIGHT-OF-WAY TOTALING 70 FEET FOR THE EAST HALF OF


67TH AVENUE SHALL BE DEDICATED FROM ROOSEVELT
STREET TO I-10 FREEWAY.

b. RIGHT-OF-WAY TOTALING 60 FEET SHALL BE DEDICATED


FOR LATHAM STREET FROM 67TH AVENUE TO
66TH AVENUE.

c. THE FACE OF CURB TO FACE OF CURB DIMENSION FOR


LATHAM STREET FROM 67TH AVENUE TO 66TH AVENUE
SHALL BE 40 FEET.

d. RIGHT-OF-WAY TOTALING 80 FEET SHALL BE DEDICATED


FOR LATHAM STREET FROM 66TH AVENUE TO
63RD AVENUE.

e. THE FACE OF CURB TO FACE OF CURB DIMENSION FOR


LATHAM STREET FROM 66TH AVENUE TO 63RD AVENUE
SHALL BE 50 FEET.

f. RIGHT-OF-WAY TOTALING 80 FEET SHALL BE DEDICATED


FOR 66TH AVENUE FROM ROOSEVELT STREET TO LATHAM
STREET.

g. THE FACE OF CURB TO FACE OF CURB DIMENSION FOR


66TH AVENUE FROM ROOSEVELT STREET TO LATHAM
STREET SHALL BE 50 FEET.

h. SOUTHBOUND LEFT TURNS FROM 67TH AVENUE TO LATHAM


STREET SHALL BE RESTRICTED FROM 7 A.M. TO 9 A.M. AND
4 P.M. TO 6 P.M. WESTBOUND LEFT TURNS FROM LATHAM
STREET SHALL BE RESTRICTED AT ALL TIMES. STREET
TRANSPORTATION DEPARTMENT TO APPROVE MITIGATION
MEASURES TO ENACT RESTRICTIONS.

i. A 50-FOOT RIGHT-OF-WAY RADIUS SHALL BE DEDICATED AT


THE NORTHEAST CORNER OF 67TH AVENUE AND
ROOSEVELT STREET.

j. SUFFICIENT RIGHT-OF-WAY SHALL BE DEDICATED TO


ACCOMMODATE A FLARED INTERSECTION FROM
67TH AVENUE TO 66TH AVENUE ON ROOSEVELT STREET.

12/15/2010 - 33 -
k. SUFFICIENT RIGHT-OF-WAY SHALL BE DEDICATED TO
ACCOMMODATE TRAFFIC DIVERSION MEASURE(S) TO
RESTRICT LARGE TRUCKS AT THE INTERSECTIONS OF
66TH AVENUE AND ROOSEVELT STREET AS WELL AS AT
63RD AVENUE AND LATHAM STREET.

l. ALL GEOMETRICS SUBMITTED TO THE CITY OF PHOENIX


SHALL BE IN GENERAL CONFORMANCE WITH EXHIBIT
DATED NOVEMBER 23, 2010, OR AS APPROVED BY THE
STREET TRANSPORTATION DEPARTMENT.

m. 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 CITY. ALL
IMPROVEMENTS SHALL COMPLY WITH ALL AMERICANS
WITH DISABILITIES ACT ACCESSIBILITY STANDARDS.

n. LATHAM STREET TO TERMINATE APPROXIMATELY


1,950 FEET EAST OF 67TH AVENUE WITH A 55-FOOT RADIUS
CUL-DE-SAC DEDICATED WITHIN A TEMPORARY TURN-
AROUND EASEMENT WITH PHASE I OF DEVELOPMENT.

o. DEDICATE SUFFICIENT RIGHT-OF-WAY TO ACCOMMODATE A


BUS BAY (P1256-1 OR P1256-2) ON THE EAST SIDE OF
67TH AVENUE NORTH OF ROOSEVELT STREET.

p. CONSTRUCT A BUS BAY (P1256-1 OR P1256-2) ON THE EAST


SIDE OF 67TH AVENUE NORTH OF ROOSEVELT STREET.

q. THE DEVELOPER SHALL EXECUTE A MAINTENANCE


AGREEMENT WITH THE CITY OF PHOENIX STREET
TRANSPORTATION DEPARTMENT TO ACCEPT MAINTENANCE
RESPONSIBILITY FOR LATHAM STREET BETWEEN
67TH AVENUE AND 66TH AVENUE. THIS SECTION OF
ROADWAY WILL BE CONSTRUCTED WITH A MINIMUM OF
7.5-INCH FULL DEPTH ASPHALT TO ACCOMMODATE LARGE
TRUCK TRAFFIC.

r. THE APPLICANT SHALL SUBMIT PAVING PLANS FOR ALL


MAJOR COLLECTOR AND ARTERIAL STREETS WITHIN AND
ADJACENT TO THE DEVELOPMENT TO THE STREET
TRANSPORTATION DEPARTMENT FOR REVIEW.

12/15/2010 - 34 -
s. THE APPLICANT SHALL COMPLETE AND SUBMIT THE
DEVELOPER PROJECT INFORMATION FORM FOR THE
MARICOPA ASSOCIATION OF GOVERNMENTS
TRANSPORTATION IMPROVEMENT PROGRAM TO MR. ALAN
HILTY, (602) 262-6193, WITH THE STREET TRANSPORTATION
DEPARTMENT. THIS FORM IS A REQUIREMENT OF THE
ENVIRONMENTAL PROTECTION AGENCY TO MEET CLEAN
AIR QUALITY REQUIREMENTS.

t. RIGHT-OF-WAY TOTALING 60 FEET SHALL BE DEDICATED


FOR ROOSEVELT STREET FROM 63RD AVENUE TO
66TH AVENUE.

u. RIGHT-OF-WAY TOTALING 80 FEET SHALL BE DEDICATED


FOR 63RD AVENUE FROM LATHAM STREET TO SOUTH OF
I-10 FREEWAY BRIDGE.

v. RIGHT-OF-WAY TOTALING 60 FEET SHALL BE DEDICATED


FOR 63RD AVENUE FROM ROOSEVELT STREET TO LATHAM
STREET.

w. THE DEVELOPER SHALL DEDICATE A ONE-FOOT VEHICULAR


NON-ACCESS EASEMENT ALONG THE NORTH SIDE OF
ROOSEVELT STREET FROM 66TH AVENUE TO 63RD AVENUE
AND ALONG THE WEST SIDE OF 63RD AVENUE FROM
ROOSEVELT STREET TO LATHAM STREET.

x. THE APPLICANT SHALL SUBMIT A FINAL TRAFFIC IMPACT


STUDY TO THE STREET TRANSPORTATION AND THE
PLANNING AND DEVELOPMENT SERVICES DEPARTMENTS
THAT COVERS THE PROPOSED DEVELOPMENT ON THE SITE
AFTER PHASE I (MCLANE). THIS FINAL STUDY IS TO BE
APPROVED PRIOR TO PRELIMINARY SITE PLAN APPROVAL
FOR THE PHASE II AND MAY STIPULATE ADDITIONAL
IMPROVEMENT REQUIREMENTS BASED UPON THE FINAL
ANALYSIS. CONTACT MR. CHRIS KOWALSKY AT (602) 495-
3697 FOR FURTHER COORDINATION.

PHASE II

y. THE FACE OF CURB TO FACE OF CURB DIMENSION FOR


ROOSEVELT STREET FROM 63RD AVENUE TO 66TH AVENUE
SHALL BE 40 FEET.

z. THE FACE OF CURB TO FACE OF CURB DIMENSION FOR


63RD AVENUE FROM LATHAM STREET TO SOUTH OF I-10
FREEWAY BRIDGE SHALL BE 50 FEET.

12/15/2010 - 35 -
aa. THE FACE OF CURB TO FACE OF CURB DIMENSION FOR
63RD AVENUE FROM ROOSEVELT STREET TO LATHAM
STREET SHALL BE 40 FEET.

bb. THAT ALL CURB, GUTTER, AND SIDEWALKS BE


CONSTRUCTED ON THE NORTH HALF OF ROOSEVELT
STREET, AS APPROVED BY THE PLANNING AND
DEVELOPMENT SERVICES DEPARTMENT.

5. 6. That all lighting adjacent to Roosevelt Street be low level and turned
inward toward the development.

6. That a six-foot masonry block wall be placed 30 feet north of the


Roosevelt property line and 30 feet west of the 63rd Avenue property
line from Roosevelt Street to the proposed alignment of Moreland Street,
as approved by the Development Coordination Office.

7. That no vehicular access be permitted to Roosevelt Street or


63rd Avenue except as shown on the submitted site plan.

8. 7. That building height not exceed one story, 18 24.5 feet, within 50 feet of
the ROOSEVELT STREET southern property line.

9. 8. That all site areas not included in the initial phase of construction be kept
in a dust-free and weed-free condition.

10. That the perimeter and interior streets, curbs, gutters, sidewalks, utilities,
and landscaping be installed with the initial phase of building
construction.

11. 9. That all landscape areas and building setbacks be measured from any
new property lines resulting from additional right-of-way dedications.

12. 10. That there be no loading bays facing Roosevelt Street or 63rd Avenue
within 100 feet of each property line.

13. 11. That landscaping along Roosevelt include 2-1/2 inch caliper drought
resistant shade trees planted 20 feet on center or in equivalent
groupings, as approved by the PLANNING AND Development
Coordination Office SERVICES DEPARTMENT.

14. That the south half of Lot 10 which faces onto 67th and Roosevelt be
limited to no retail.

12/15/2010 - 36 -
12. THAT IF ANY ARCHAEOLOGICAL MATERIALS ARE ENCOUNTERED
DURING CONSTRUCTION, ALL GROUND DISTURBING ACTIVITY
SHALL CEASE WITHIN 10 METERS OF THE DISCOVERY AND THE
CITY ARCHAEOLOGY OFFICE SHALL BE NOTIFIED AND ALLOWED
TIME TO PROPERLY ASSESS THE MATERIALS.

This item is recommended by Mr. Krietor and the Planning and Development
Services Department.

OLD BUSINESS

ITEM 14 DISTRICT 6 APPEAL OF THE DECISION BY


THE ABANDONMENT
HEARING OFFICER -
V-100014A

(Continued from November 3, 2010) - Request to consider the decision of the


Abandonment Hearing Officer regarding Application V-100014A, submitted by
William Allison, Gallagher & Kennedy, P.A., on behalf of Dr. and Mrs. Leonard
Schwartz, 1842 East Pleasant Drive, Phoenix, Arizona 85020, to abandon the
Winter Drive right-of-way from east of 17th Street to, and including, 18th Place
right-of-way and the stub of Pleasant Drive right-of-way west of 18th Place to the
cul-de-sac adjacent to the parcel identified as Assessor Parcel Number 164-21-
011F.

The Abandonment Hearing Officer approved this request, subject to the following
stipulations:

1. That all right-of-way shall be retained as a public utilities easement or


as may be modified by the affected utilities (Water, Public Works,
Arizona Public Service, Cox, Qwest, Salt River Project, Southwest
Gas) with 24-hour vehicle maintenance access, subject to the
following:

a. No structure of any kind shall be constructed or placed within the


easement except non removable-type fencing and/or paving.
Removable-type fencing must not be constructed of wood and/or wire
and must not require the installation of footers. No planting, except
grass, within the easement. It shall be further understood that the
affected utility company shall not be required to replace any
obstructions, paving, or planting that must be removed during the
course of required maintenance, reconstruction, and/or construction.

or

12/15/2010 - 37 -
2. That all utilities shall be relocated to locations approved by the
affected utility company. All work is to be done by the affected utility
company at no expense to the affected utility company.

3. That remote gate openers shall be delivered to the Public Works,


Police, and Fire Departments.

4. That the following Street Transportation Department conditions shall


be met:

a. All right-of-way shall be abandoned to a Homeowners Association.

b. The applicant shall contact Ron Robinson at 262-4684 to coordinate


the removal, salvage, or purchase of all existing City-owned signs.
No sign is to be removed until a copy of the abandonment resolution
is provided to the Street Transportation Department.

5. That an appropriate performance agreement, in an approved form


and cost amount, must be posted with the Planning and Development
Services Department to guarantee the improvements above.

6. That consideration which provides a public benefit to the City is


required in accordance with City Code Article 5, Section 31-64 and
Ordinance G-5332. Cost for abandonment of right-of-way adjacent to
property not zoned single-family residential will be based upon Fair
Market Value1. Cost for property zoned single-family residential is
one dollar per square foot. The applicant shall submit calculation and
fee to the Planning and Development Services Department.

7. That the applicant shall submit a Drainage Report addressing water


flows from the street to the Planning and Development Services
Department.

8. That the applicant shall retain an irrevocable unrestricted ingress/


egress easement for Parcel 165-19-001B, 154-20-003C, 164-21-
017A, 164-21-019, and subsequent subdivided parcels created from
these parcels over the right-of-way under the abandonment
application.

9. That the above stipulations shall be completed within six years of the
Abandonment Hearing Officer’s decision dated July 7, 2010.

If the Council moves to deny the Abandonment Hearing Officer’s decision, the
right-of-way will remain.

12/15/2010 - 38 -
Staff Recommendation
Staff recommends that the Abandonment Hearing Officer’s decision of approval
be upheld with the stipulations of approval as listed above.

This item is also recommended by Mr. Krietor and the Planning and
Development Services Department.

ITEM 15 DISTRICT 6 APPEAL OF STIPULATION 6


CONSIDERATION FEE -
V-100014A

(Continued from November 3, 2010) - Request to consider the consideration fee


that was set as Stipulation 6 in regards to Application V-100014A, submitted by
Scout Hills @ Dreamy Draw Property Owners Association, Attention: John
Herbert, President, 1776 East Winter Drive, Phoenix, Arizona 85020, to abandon
the Winter Drive right-of-way from east of 17th Street to, and including,
18th Place right-of-way and the stub of Pleasant Drive right-of-way west of
18th Place to the cul-de-sac adjacent to the parcel identified as Assessor Parcel
Number 164-21-011F.

The request of abandonment was approved by the Abandonment Hearing


Officer, based on the following stipulations:

1. That all right-of-way shall be retained as a public utilities easement or


as may be modified by the affected utilities (Water, Public Works,
Arizona Public Service, Cox, Qwest, Salt River Project, Southwest
Gas) with 24-hour vehicle maintenance access subject to the
following:

a. No structure of any kind shall be constructed or placed within the


easement except non removable-type fencing and/or paving.
Removable-type fencing must not be constructed of wood and/or wire
and must not require the installation of footers. No planting, except
grass, within the easement. It shall be further understood that the
affected utility company shall not be required to replace any
obstructions, paving, or planting that must be removed during the
course of required maintenance, reconstruction, and/or construction.

or

2. That all utilities shall be relocated to locations approved by the


affected utility company. All work is to be done by the affected utility
company at no expense to the affected utility company.

3. That remote gate openers shall be delivered to the Public Works,


Police, and Fire Departments.

12/15/2010 - 39 -
4. That the following Street Transportation Department conditions shall
be met:

a. All right-of-way shall be abandoned to a Homeowners Association.

b. The applicant shall contact Ron Robinson at 262-4684 to coordinate


the removal, salvage, or purchase all existing City-owned signs. No
sign is to be removed until a copy of the abandonment resolution is
provided to the Street Transportation Department.

5. That an appropriate performance agreement, in an approved form


and cost amount, must be posted with the Planning and Development
Services Department to guarantee the improvements above.

6. That consideration which provides a public benefit to the City is


required in accordance with City Code Article 5, Section 31-64 and
Ordinance G-5332. Cost for abandonment of right-of-way adjacent to
property not zoned single-family residential will be based upon Fair
Market Value1. Cost for property zoned single-family residential is
one dollar per square foot. The applicant shall submit calculation and
fee to the Planning and Development Services Department.

7. That the applicant shall submit a Drainage Report addressing water


flows from the street to the Planning and Development Services
Department.

8. That the applicant shall retain an irrevocable unrestricted ingress/


egress easement for Parcel 165-19-001B, 154-20-003C, 164-21-
017A, 164-21-019, and subsequent subdivided parcels created from
these parcels over the right-of-way under the abandonment
application.

9. That the above stipulations shall be completed within six years of the
Abandonment Hearing Officer’s decision dated July 7, 2010.

Staff Recommendation
Staff is neutral on the question of whether or not the right-of-way is abandoned.
In regards to the consideration fee, the abandonment of right-of-way to private
property owners is the transfer of an asset and, as such, a consideration fee is
prescribed by the City Code, Article 5, Section 31-64 and Ordinance G-5332.
Transfer without consideration could constitute a violation of the gift clause of the
Arizona State Constitution, Article IX, Section 7.

12/15/2010 - 40 -
If the City Council decides to abandon the right-of-way, then staff urges the
imposition of a fee or other consideration that reflects the fair market value of the
property.

If the Council moves to change the consideration fee that is set per ordinance,
the new fee will be set as the stipulation.

This item is recommended by Mr. Krietor and the Planning and Development
Services Department.

ORDINANCES AND RESOLUTIONS

ITEM 16 CITYWIDE ORDINANCE G-5571 -


AMEND CITY CODE -
CHAPTER 2 - EXPAND
HERITAGE COMMISSION
DUTIES TO INCLUDE
HISTORICAL CELEBRATIONS
AND COMMEMORATIONS

Request to amend Chapter 2, Article XXIX of the Phoenix City Code to expand
the duties of the Phoenix Heritage Commission to include holding public hearings
and making recommendations to City Council regarding heritage- and historical-
related celebrations and commemorations.

On November 16, 2010, the Seniors, Families, and Parks Subcommittee


recommended that the Heritage Commission’s duties be expanded to include
recommendations on historical commemorative markers, heritage-related
activities and events, and special historical celebrations such as the 2012
Arizona State Centennial. The Commission’s duties are currently limited to
making recommendations to the City Council concerning proposals to name or
rename City of Phoenix facilities except for city parks.

Employment Impact
There is no employment impact.

The Heritage Commission recommended approval of this item on October 18,


2010.

This item is recommended by Mr. Krietor and the Planning and Development
Services Director.

This item is also recommended by the Historic Preservation Office.

12/15/2010 - 41 -
ITEM 17 CITYWIDE ORDINANCE G-5572 -
AMEND CITY CODE -
AMEND SECTION 36-158 -
SCHEDULE I, LOCAL SPEED
LIMITS - CHANGES IN
PHOENIX SPEED LIMITS

Request to revise the City of Phoenix Speed Limit Ordinance. Speed limits are
established under Arizona Revised Statutes, Section 28-703, which requires an
“engineering study and traffic investigation,” which has been completed.

The Phoenix City Code and Charter require that all speed limits be approved by
City Council in the form of an amendment to the Speed Limit Ordinance.

The revisions are necessary due to new construction and changing conditions.
All proposed changes are based on engineering and traffic investigations. Of the
36 changes in speed limits, 30 involved establishing limits on new or annexed
streets, or lowering the speed limit. The other six involved raising the speed limit
due primarily to improvements to the streets warranting the increases. Below is
a detailed list of the proposed changes.

Prima Facie Speed Limit 30 mph at all times


Street Changed Segment Changed Reason for Change
Galvin Parkway 100 feet north of East Papago Traffic Engineering Study
Park to traffic circle at Botanical (Previously 40 mph)
Garden entrance

Mayo Boulevard Black Mountain Boulevard to Traffic Engineering Study


40th Street (New Street)

Vineyard Road 47th Avenue to 43rd Avenue Housekeeping


(Previously 25 mph)

16th Street Grovers Avenue to Beardsley Housekeeping


Road

47th Avenue Baseline Road to Vineyard Housekeeping


Road (Previously 25 mph)

47th Avenue Thunderbird Road to Greenway Traffic Engineering Study


Road (Street Improved)

48th Street Elwood Street to University Traffic Engineering Study


Drive (Previously 35 mph)

12/15/2010 - 42 -
Prima Facie Speed Limit 35 mph at all times
Street Changed Segment Changed Reason for Change
Central Avenue Mineral Road to Thunderbird Housekeeping
Trail

Central Avenue Thunderbird Trail to Dobbins Housekeeping


(Southbound) Road

Chandler Pecos Road to Shaughnessey Traffic Engineering Study


Boulevard Road (Previously 25 mph)

Galvin Parkway North of traffic circle at Traffic Engineering Study


Botanical Garden entry to (Previously 40 mph)
McDowell Road

Lower Buckeye 300 feet west to 300 feet east of Traffic Engineering Study
Road 99th Avenue (Roundabout) (Street Improved)

North Valley Cloud Road to 33rd Lane Traffic Engineering Study


Parkway (Housekeeping/Previously
30 mph)

Pinnacle Peak 19th Avenue to 7th Street Traffic Engineering Study


Road (Street Improved
15th Avenue to 7th Street)

Rancho Paloma Black Mountain Boulevard to Traffic Engineering Study


Drive 56th Street (Housekeeping/New Street)

16th Street Bell Road to Grovers Avenue Traffic Engineering Study


(Previously 30 mph)

56th Street Lone Mountain Road to Rancho Traffic Engineering Study


Paloma Drive (Street Improved)

12/15/2010 - 43 -
Prima Facie Speed Limit 40 mph at all times
Street Changed Segment Changed Reason for Change
Central Avenue Thunderbird Trail to Dobbins Housekeeping
(Northbound) Road

Central Avenue Dobbins Road to Vineyard Housekeeping


Road

Deer Valley 600 feet west of 16th Street to Traffic Engineering Study
Drive 56th Street (Street Improved: Black
Mountain to Aviano/
Housekeeping)

Galvin Parkway Van Buren Street to 100 feet Housekeeping


north of East Papago Park (Zoo
entrance)

Lower Buckeye 103rd Avenue to 300 feet west Housekeeping


Road of 99th Avenue

Lower Buckeye 300 feet east of 99th Avenue to Housekeeping


Road 95th Avenue

Van Buren 67th Avenue to 200 feet west of Housekeeping


Street 63rd Avenue

27th Avenue Baseline Road to 500 feet north Traffic Engineering Study
(New Annexation)

32nd Street Beardsley Road to Rose Traffic Engineering Study


Garden Lane (Previously 45 mph)

56th Street Central Arizona Project Canal Traffic Engineering Study


to Deer Valley Drive (Previously 35 mph)

67th Avenue 400 feet south of Elwood Street Traffic Engineering Study
to Van Buren Street (Previously 45 mph/
Housekeeping)

12/15/2010 - 44 -
Prima Facie Speed Limit 45 mph at all times
Street Changed Segment Changed Reason for Change
Lone Mountain 56th Street to 63rd Street Traffic Engineering Study
Road (Street Improved)

Lower Buckeye 95th Avenue to 83rd Avenue Housekeeping


Road (Previously 50 mph)

McDowell Road 83rd Avenue to 43rd Avenue Traffic Engineering Study


(Street Improved/
Previously 50 mph:
83rd Avenue to
75th Avenue)

Van Buren Street 83rd Avenue to 67th Avenue Traffic Engineering Study
(Street Improved)

27th Avenue Southern Avenue to Broadway Traffic Engineering Study


Road (New Annexation)

32nd Street Bell Road to Beardsley Road Housekeeping

35th Avenue Baseline Road to 500 feet north Traffic Engineering Study
(New Annexation)

Prima Facie Speed Limit 50 mph at all times


Street Changed Segment Changed Reason for Change
Lower Buckeye 83rd Avenue to 79th Avenue Housekeeping
Road

Employment Impact
This action does not directly create or retain any jobs.

This item is recommended by Mr. Naimark and the Street Transportation


Department.

12/15/2010 - 45 -
ITEM 18 CITYWIDE ORDINANCE G-5573 -
AMEND ZONING CODE -
PUBLIC HEARING -
Z-TA-10-10 -
MEDICAL MARIJUANA

Request to hold a public hearing and approve the text amendment changes for
the following item by adopting the Planning Commission's recommendation and
the related ordinance.

Application: Z-TA-10-10
Request: Medical Marijuana
Proposal: Text amendment to the Zoning Ordinance regarding the
sales, cultivation, and infusion facilities for medical
marijuana. The text amendment would include potentially
allowing the use within the commercial, industrial, and
agricultural zoning districts and other sections of the
ordinance as appropriate.
Applicant: City of Phoenix Planning Commission
Representative: City of Phoenix Planning Commission
Staff: Approved.
VPC Action: Village Planning Committees did not review
PC Action: December 8, 2010 - Recommendation will be verbal.

The following staff recommended language is subject to discussion at the


meeting, and the City Council may add, delete, or amend the language.

Proposed Language

Amend Section 202 (Definitions) by adding the following new definitions in


correct alphabetical order:

COMMUNITY CENTER, PUBLIC: A BUILDING OWNED BY THE CITY THAT IS


OPEN TO THE PUBLIC AND IS USED AS A PLACE FOR MEETINGS,
RECREATION, OR SOCIAL ACTIVITIES AND MAY HAVE OUTDOOR
RECREATIONAL FACILITIES.

MEDICAL MARIJUANA: MEANS OF ALL PARTS OF THE GENUS CANNABIS


WHETHER GROWING OR NOT, AND THE SEED OF SUCH PLANTS THAT
MAY BE ADMINISTERED TO TREAT OR ALLEVIATE A QUALIFYING
PATIENT’S DEBILITATING MEDICAL CONDITION OR SYMPTOMS
ASSOCIATED WITH THE PATIENT’S DEBILITATING MEDICAL CONDITION.

12/15/2010 - 46 -
MEDICAL MARIJUANA CULTIVATION: THE PROCESS BY WHICH A
PERSON GROWS A MARIJUANA PLANT. A FACILITY SHALL MEAN A
BUILDING, STRUCTURE, OR PREMISES USED FOR THE CULTIVATION OR
STORAGE OF MEDICAL MARIJUANA THAT IS PHYSICALLY SEPARATE AND
OFF-SITE FROM A MEDICAL MARIJUANA DISPENSARY.

MEDICAL MARIJUANA DISPENSARY: A NON-PROFIT ENTITY DEFINED IN


ARIZONA REVISED STATUTES (A.R.S.) § 36-2801(11), THAT SELLS,
DISTRIBUTES, TRANSMITS, GIVES, DISPENSES, OR OTHERWISE
PROVIDES MEDICAL MARIJUANA TO QUALIFYING PATIENTS.

MEDICAL MARIJUANA INFUSION FACILITY: A FACILITY THAT


INCORPORATES MEDICAL MARIJUANA (CANNABIS) BY THE MEANS OF
COOKING, BLENDING, OR INCORPORATION INTO CONSUMABLE OR
EDIBLE PRODUCT.

MEDICAL MARIJUANA QUALIFYING PATIENT: A PERSON WHO HAS BEEN


DIAGNOSED BY A PHYSICIAN AS HAVING A DEBILITATING MEDICAL
CONDITION AS DEFINED IN A.R.S. § 36-2801.13.

Amend Section 603.A (Suburban S-1 District – Ranch or Farm Residence) by


amending Paragraph 14 to read as follows:

14. RESERVED MEDICAL MARIJUANA CULTIVATION, SUBJECT TO THE


FOLLOWING CONDITIONS AND LIMITATIONS; FAILURE TO COMPLY
WITH THE BELOW REGULATIONS AND REQUIREMENTS SHALL
RESULT IN NON-COMPLIANCE AND IS SUBJECT TO REVOCATION
OR DENIAL OF THE USE PERMIT.

a. A USE PERMIT SHALL BE OBTAINED IN ACCORDANCE WITH


THE FOLLOWING STANDARDS AND PROCEDURES OF
SECTION 307 THE ZONING ORDINANCE AND:

1) SHALL BE REVIEWED EVERY 365 CALENDAR DAYS.

2) PROVIDE NAME(S) AND LOCATION(S) OF THE OFF-SITE


DISPENSARY.

3) INCLUDE A COPY OF THE OPERATING PROCEDURES


ADOPTED IN COMPLIANCE WITH A.R.S. § 36-
2804(B)(1)(C).

b. RETAIL SALES OF MEDICAL MARIJUANA IS PROHIBITED.

c. SHALL BE LOCATED IN A PERMANENT BUILDING AND MAY


NOT BE LOCATED IN A TRAILER, CARGO CONTAINER, OR
MOTOR VEHICLE.

12/15/2010 - 47 -
d. SHALL NOT BE LOCATED WITHIN 5,280 FEET OF THE SAME
TYPE OF USE OR A MEDICAL MARIJUANA DISPENSARY. THIS
DISTANCE SHALL BE MEASURED FROM THE EXTERIOR
WALLS OF THE BUILDING OR PORTION THEREOF IN WHICH
THE BUSINESSES ARE CONDUCTED OR PROPOSED TO BE
CONDUCTED TO THE NEAREST EXTERIOR WALLS OR
PORTION THEREOF FOR ANOTHER MEDICAL MARIJUANA
DISPENSARY, CULTIVATION, OR INFUSION FACILITY. A
SURVEY SEALED BY A REGISTRANT OF THE STATE OF
ARIZONA THAT SHOWS THE LOCATION OF THE NEAREST
MEDICAL MARIJUANA DISPENSARY OR CULTIVATION
LOCATION, IF WITHIN 5,480 FEET, SHALL BE SUBMITTED TO
THE PLANNING AND DEVELOPMENT SERVICES
DEPARTMENT.

e. SHALL NOT BE LOCATED WITHIN 1,000 FEET OF A


RESIDENTIALLY ZONED PROPERTY. THIS DISTANCE SHALL
BE MEASURED FROM THE EXTERIOR WALLS OF THE
BUILDING OR PORTION THEREOF IN WHICH THE
CULTIVATION BUSINESS IS CONDUCTED OR PROPOSED TO
BE CONDUCTED TO THE PROPERTY LINE OF THE
RESIDENTIALLY ZONED PROPERTY. A SURVEY SEALED BY
A REGISTRANT OF THE STATE OF ARIZONA THAT SHOWS
THE LOCATION OF THE NEAREST RESIDENTIALLY ZONED
PROPERTY, IF WITHIN 1,050 FEET, SHALL BE SUBMITTED TO
THE PLANNING AND DEVELOPMENT SERVICES
DEPARTMENT.

f. SHALL NOT BE LOCATED WITHIN 1,320 FEET OF A


PRESCHOOL, KINDERGARTEN, ELEMENTARY, SECONDARY,
OR HIGH SCHOOL, PUBLIC PARK, OR PUBLIC COMMUNITY
CENTER. THIS DISTANCE SHALL BE MEASURED FROM THE
EXTERIOR WALLS OF THE BUILDING OR PORTION THEREOF
IN WHICH THE CULTIVATION BUSINESS IS CONDUCTED OR
PROPOSED TO BE CONDUCTED TO THE PROPERTY LINE OF
THE PROTECTED USE. A SURVEY SEALED BY A
REGISTRANT OF THE STATE OF ARIZONA THAT SHOWS THE
LOCATION OF THE NEAREST KINDERGARTEN, ELEMENTARY,
SECONDARY, OR HIGH SCHOOL, PUBLIC PARK, OR
COMMUNITY CENTER, IF WITHIN 1,370 FEET, SHALL BE
SUBMITTED TO THE PLANNING AND DEVELOPMENT
SERVICES DEPARTMENT.

12/15/2010 - 48 -
g. SHALL NOT BE LOCATED WITHIN 500 FEET OF A PLACE OF
WORSHIP. THIS DISTANCE SHALL BE MEASURED FROM THE
EXTERIOR WALLS OF THE BUILDING OR PORTION THEREOF
IN WHICH THE CULTIVATION BUSINESS IS CONDUCTED OR
PROPOSED TO BE CONDUCTED TO THE PROPERTY
BOUNDARY LINE OF THE PLACE OF WORSHIP. A SURVEY
SEALED BY A REGISTRANT OF THE STATE OF ARIZONA THAT
SHOWS THE LOCATION OF THE NEAREST PLACE OF
WORSHIP, IF WITHIN 550 FEET, SHALL BE SUBMITTED TO
THE PLANNING AND DEVELOPMENT SERVICES
DEPARTMENT.

Amend Section 604.A (Suburban S-2 District – Ranch or Farm Commercial) by


adding a new Paragraph 9 to read as follows:

9. MEDICAL MARIJUANA CULTIVATION, SUBJECT TO THE


FOLLOWING CONDITIONS AND LIMITATIONS; FAILURE TO
COMPLY WITH THE BELOW REGULATIONS AND REQUIREMENTS
SHALL RESULT IN NON-COMPLIANCE AND IS SUBJECT TO
REVOCATION OR DENIAL OF THE USE PERMIT.

a. A USE PERMIT SHALL BE OBTAINED IN ACCORDANCE WITH


THE FOLLOWING STANDARDS AND PROCEDURES OF
SECTION 307 OF THE ZONING ORDINANCE AND:

1) SHALL BE REVIEWED EVERY 365 CALENDAR DAYS.

2) PROVIDE NAME(S) AND LOCATION(S) OF THE OFF-


SITE DISPENSARY.

3) INCLUDE A COPY OF THE OPERATING PROCEDURES


ADOPTED IN COMPLIANCE WITH A.R.S. § 36-
2804(B)(1)(C).

b. RETAIL SALES OF MEDICAL MARIJUANA IS PROHIBITED.

c. SHALL BE LOCATED IN A PERMANENT BUILDING AND MAY


NOT BE LOCATED IN A TRAILER, CARGO CONTAINER, OR
MOTOR VEHICLE.

12/15/2010 - 49 -
d. SHALL NOT BE LOCATED WITHIN 5,280 FEET OF THE SAME
TYPE OF USE OR A MEDICAL MARIJUANA DISPENSARY.
THIS DISTANCE SHALL BE MEASURED FROM THE
EXTERIOR WALLS OF THE BUILDING OR PORTION
THEREOF IN WHICH THE BUSINESSES ARE CONDUCTED
OR PROPOSED TO BE CONDUCTED TO THE NEAREST
EXTERIOR WALLS OR PORTION THEREOF FOR ANOTHER
MEDICAL MARIJUANA DISPENSARY, CULTIVATION, OR
INFUSION FACILITY. A SURVEY SEALED BY A REGISTRANT
OF THE STATE OF ARIZONA THAT SHOWS THE LOCATION
OF THE NEAREST MEDICAL MARIJUANA DISPENSARY OR
CULTIVATION LOCATION, IF WITHIN 5,480 FEET, SHALL BE
SUBMITTED TO THE PLANNING AND DEVELOPMENT
SERVICES DEPARTMENT.

e. SHALL NOT BE LOCATED WITHIN 1,000 FEET OF A


RESIDENTIALLY ZONED PROPERTY. THIS DISTANCE SHALL
BE MEASURED FROM THE EXTERIOR WALLS OF THE
BUILDING OR PORTION THEREOF IN WHICH THE
CULTIVATION BUSINESS IS CONDUCTED OR PROPOSED TO
BE CONDUCTED TO THE PROPERTY LINE OF THE
RESIDENTIALLY ZONED PROPERTY. A SURVEY SEALED BY
A REGISTRANT OF THE STATE OF ARIZONA THAT SHOWS
THE LOCATION OF THE NEAREST RESIDENTIALLY ZONED
PROPERTY, IF WITHIN 1,050 FEET, SHALL BE SUBMITTED
TO THE PLANNING AND DEVELOPMENT SERVICES
DEPARTMENT.

f. SHALL NOT BE LOCATED WITHIN 1,320 FEET OF A


PRESCHOOL, KINDERGARTEN, ELEMENTARY,
SECONDARY, OR HIGH SCHOOL, PUBLIC PARK, OR PUBLIC
COMMUNITY CENTER. THIS DISTANCE SHALL BE
MEASURED FROM THE EXTERIOR WALLS OF THE BUILDING
OR PORTION THEREOF IN WHICH THE CULTIVATION
BUSINESS IS CONDUCTED OR PROPOSED TO BE
CONDUCTED TO THE PROPERTY LINE OF THE PROTECTED
USE. A SURVEY SEALED BY A REGISTRANT OF THE STATE
OF ARIZONA THAT SHOWS THE LOCATION OF THE
NEAREST KINDERGARTEN, ELEMENTARY, SECONDARY, OR
HIGH SCHOOL, PUBLIC PARK, OR PUBLIC COMMUNITY
CENTER, IF WITHIN 1,370 FEET, SHALL BE SUBMITTED TO
THE CITY.

12/15/2010 - 50 -
g. SHALL NOT BE LOCATED WITHIN 500 FEET OF A PLACE OF
WORSHIP. THIS DISTANCE SHALL BE MEASURED FROM
THE EXTERIOR WALLS OF THE BUILDING OR PORTION
THEREOF IN WHICH THE CULTIVATION BUSINESS IS
CONDUCTED OR PROPOSED TO BE CONDUCTED TO THE
PROPERTY LINE OF THE PLACE OF WORSHIP. A SURVEY
SEALED BY A REGISTRANT OF THE STATE OF ARIZONA
THAT SHOWS THE LOCATION OF THE NEAREST PLACE OF
WORSHIP, IF WITHIN 550 FEET, SHALL BE SUBMITTED TO
THE PLANNING AND DEVELOPMENT SERVICES
DEPARTMENT.

Amend Section 623.D (Commercial C-2 District – Intermediate Commercial) by


adding a new Paragraph 100 to read as follows and renumber the remaining
section accordingly:

Permitted Uses:

99. Merchandise Brokers Office and Display

100. MEDICAL MARIJUANA DISPENSARY (NO CULTIVATION), SUBJECT


TO THE FOLLOWING CONDITIONS AND LIMITATIONS; FAILURE TO
COMPLY WITH THE BELOW REGULATIONS AND REQUIREMENTS
SHALL RESULT IN NON-COMPLIANCE AND IS SUBJECT TO
REVOCATION OR DENIAL OF THE USE PERMIT.

a. A USE PERMIT SHALL BE OBTAINED IN ACCORDANCE WITH


THE STANDARDS AND PROCEDURES OF SECTION 307 OF
THE ZONING ORDINANCE AND:

1) SHALL BE REVIEWED EVERY 365 CALENDAR DAYS.

2) PROVIDE NAME(S) AND LOCATION(S) OF THE OFF-


SITE CULTIVATION LOCATION.

3) INCLUDE A COPY OF THE OPERATING PROCEDURES


ADOPTED IN COMPLIANCE WITH A.R.S. § 36-
2804(B)(1)(C).

b. SHALL BE LOCATED IN A PERMANENT BUILDING AND MAY


NOT BE LOCATED IN A TRAILER, CARGO CONTAINER, OR
MOTOR VEHICLE.

c. SHALL NOT EXCEED 2,000 SQUARE FEET OF NET FLOOR


AREA; THIS SHALL INCLUDE ALL STORAGE AREAS, RETAIL
SPACE, AND OFFICES.

12/15/2010 - 51 -
d. SHALL NOT BE LOCATED WITHIN 5,280 FEET OF THE SAME
TYPE OF USE OR A MEDICAL MARIJUANA DISPENSARY.
THIS DISTANCE SHALL BE MEASURED FROM THE
EXTERIOR WALLS OF THE BUILDING OR PORTION
THEREOF IN WHICH THE BUSINESSES ARE CONDUCTED
OR PROPOSED TO BE CONDUCTED TO THE NEAREST
EXTERIOR WALLS OR PORTION THEREOF FOR ANOTHER
MEDICAL MARIJUANA DISPENSARY, CULTIVATION, OR
INFUSION FACILITY. A SURVEY SEALED BY A REGISTRANT
OF THE STATE OF ARIZONA THAT SHOWS THE LOCATION
OF THE NEAREST MEDICAL MARIJUANA DISPENSARY OR
CULTIVATION LOCATION, IF WITHIN 5,480 FEET, SHALL BE
SUBMITTED TO THE PLANNING AND DEVELOPMENT
SERVICES DEPARTMENT.

e. SHALL NOT BE LOCATED WITHIN 250 FEET OF A


RESIDENTIALLY ZONED PROPERTY. THIS DISTANCE SHALL
BE MEASURED FROM THE EXTERIOR WALLS OF THE
BUILDING OR PORTION THEREOF IN WHICH THE
DISPENSARY BUSINESS IS CONDUCTED OR PROPOSED TO
BE CONDUCTED TO THE PROPERTY LINE OF THE
RESIDENTIALLY ZONED PROPERTY. A SURVEY SEALED BY
A REGISTRANT OF THE STATE OF ARIZONA THAT SHOWS
THE LOCATION OF THE NEAREST RESIDENTIALLY ZONED
PROPERTY, IF WITHIN 300 FEET, SHALL BE SUBMITTED TO
THE PLANNING AND DEVELOPMENT SERVICES
DEPARTMENT.

f. SHALL NOT BE LOCATED WITHIN 1,320 FEET OF A


PRESCHOOL, KINDERGARTEN, ELEMENTARY,
SECONDARY, OR HIGH SCHOOL, PUBLIC PARK, OR PUBLIC
COMMUNITY CENTER. THIS DISTANCE SHALL BE
MEASURED FROM THE EXTERIOR WALLS OF THE BUILDING
OR PORTION THEREOF IN WHICH THE DISPENSARY
BUSINESS IS CONDUCTED OR PROPOSED TO BE
CONDUCTED TO THE PROPERTY LINE OF THE PROTECTED
USE. A SURVEY SEALED BY A REGISTRANT OF THE STATE
OF ARIZONA THAT SHOWS THE LOCATION OF THE
NEAREST KINDERGARTEN, ELEMENTARY, SECONDARY, OR
HIGH SCHOOL, PUBLIC PARK, OR PUBLIC COMMUNITY
CENTER, IF WITHIN 1,370 FEET, SHALL BE SUBMITTED TO
THE PLANNING AND DEVELOPMENT SERVICES
DEPARTMENT.

12/15/2010 - 52 -
g. SHALL NOT BE LOCATED WITHIN 500 FEET OF A PLACE OF
WORSHIP. THIS DISTANCE SHALL BE MEASURED FROM
THE EXTERIOR WALLS OF THE BUILDING OR PORTION
THEREOF IN WHICH THE DISPENSARY BUSINESS IS
CONDUCTED OR PROPOSED TO BE CONDUCTED TO THE
PROPERTY LINE OF THE PLACE OF WORSHIP. A SURVEY
SEALED BY A REGISTRANT OF THE STATE OF ARIZONA
THAT SHOWS THE LOCATION OF THE NEAREST PLACE OF
WORSHIP, IF WITHIN 550 FEET, SHALL BE SUBMITTED TO
THE PLANNING AND DEVELOPMENT SERVICES
DEPARTMENT.

h. SHALL HAVE OPERATING HOURS NOT EARLIER THAN


8:00 A.M. AND NOT LATER THAN 7:00 P.M.

i. DRIVE-THROUGH SERVICES ARE PROHIBITED.

j. CULTIVATION OF MEDICAL MARIJUANA IS PROHIBITED.

100101. Messenger Service


***

Amend Section 627.D (Industrial A-1 District – Light Industrial District) by adding
new Paragraphs 91, 92, and 93 to read as follows and renumber the remaining
section accordingly:

90. Meat Packing and Smoking (no slaughtering except rabbits and poultry)

91. MEDICAL MARIJUANA CULTIVATION, SUBJECT TO THE


FOLLOWING CONDITIONS AND LIMITATIONS; FAILURE TO
COMPLY WITH THE BELOW REGULATIONS AND REQUIREMENTS
SHALL RESULT IN NON-COMPLIANCE AND IS SUBJECT TO
REVOCATION OR DENIAL OF THE USE PERMIT.

a. A USE PERMIT SHALL BE OBTAINED IN ACCORDANCE WITH


THE FOLLOWING STANDARDS AND PROCEDURES OF
SECTION 307 OF THE ZONING ORDINANCE AND:

1) SHALL BE REVIEWED EVERY 365 CALENDAR DAYS.

2) PROVIDE NAME(S) AND LOCATION(S) OF THE OFF-


SITE DISPENSARY.

3) INCLUDE A COPY OF THE OPERATING PROCEDURES


ADOPTED IN COMPLIANCE WITH A.R.S. § 36-
2804(B)(1)(C).

12/15/2010 - 53 -
b. SHALL BE LOCATED IN A PERMANENT BUILDING AND MAY
NOT BE LOCATED IN A TRAILER, CARGO CONTAINER, OR
MOTOR VEHICLE.

c. SHALL NOT BE LOCATED WITHIN 5,280 FEET OF THE SAME


TYPE OF USE OR A MEDICAL MARIJUANA DISPENSARY.
THIS DISTANCE SHALL BE MEASURED FROM THE
EXTERIOR WALLS OF THE BUILDING OR PORTION
THEREOF IN WHICH THE BUSINESSES ARE CONDUCTED
OR PROPOSED TO BE CONDUCTED TO THE NEAREST
EXTERIOR WALLS OR PORTION THEREOF FOR ANOTHER
MEDICAL MARIJUANA DISPENSARY, CULTIVATION, OR
INFUSION FACILITY. A SURVEY SEALED BY A REGISTRANT
OF THE STATE OF ARIZONA THAT SHOWS THE LOCATION
OF THE NEAREST MEDICAL MARIJUANA DISPENSARY OR
CULTIVATION LOCATION, IF WITHIN 5,480 FEET, SHALL BE
SUBMITTED TO THE PLANNING AND DEVELOPMENT
SERVICES DEPARTMENT.

d. SHALL NOT BE LOCATED WITHIN 1,000 FEET OF A


RESIDENTIALLY ZONED PROPERTY. THIS DISTANCE SHALL
BE MEASURED FROM THE EXTERIOR WALLS OF THE
BUILDING OR PORTION THEREOF IN WHICH THE
CULTIVATION BUSINESS IS CONDUCTED OR PROPOSED TO
BE CONDUCTED TO THE PROPERTY LINE OF THE
RESIDENTIALLY ZONED PROPERTY. A SURVEY SEALED BY
A REGISTRANT OF THE STATE OF ARIZONA THAT SHOWS
THE LOCATION OF THE NEAREST RESIDENTIALLY ZONED,
IF WITHIN 1,050 FEET, SHALL BE SUBMITTED TO THE
PLANNING AND DEVELOPMENT SERVICES DEPARTMENT.

e. SHALL NOT BE LOCATED WITHIN 1,320 FEET OF A


PRESCHOOL, KINDERGARTEN, ELEMENTARY,
SECONDARY, OR HIGH SCHOOL, PUBLIC PARK, OR PUBLIC
COMMUNITY CENTER. THIS DISTANCE SHALL BE
MEASURED FROM THE EXTERIOR WALLS OF THE BUILDING
OR PORTION THEREOF IN WHICH THE CULTIVATION
BUSINESS IS CONDUCTED OR PROPOSED TO BE
CONDUCTED TO THE PROPERTY LINE OF THE PROTECTED
USE. A SURVEY SEALED BY A REGISTRANT OF THE STATE
OF ARIZONA THAT SHOWS THE LOCATION OF THE
NEAREST KINDERGARTEN, ELEMENTARY, SECONDARY, OR
HIGH SCHOOL, PUBLIC PARK, OR PUBLIC COMMUNITY
CENTER ZONED PROPERTY, IF WITHIN 1,370 FEET, SHALL
BE SUBMITTED TO THE PLANNING AND DEVELOPMENT
SERVICES DEPARTMENT.

12/15/2010 - 54 -
f. SHALL NOT BE LOCATED WITHIN 500 FEET OF A PLACE OF
WORSHIP. THIS DISTANCE SHALL BE MEASURED FROM
THE EXTERIOR WALLS OF THE BUILDING OR PORTION
THEREOF IN WHICH THE CULTIVATION BUSINESS IS
CONDUCTED OR PROPOSED TO BE CONDUCTED TO THE
PROPERTY LINE OF THE PLACE OF WORSHIP. A SURVEY
SEALED BY A REGISTRANT OF THE STATE OF ARIZONA
THAT SHOWS THE LOCATION OF THE NEAREST PLACE OF
WORSHIP, IF WITHIN 550 FEET, SHALL BE SUBMITTED TO
THE PLANNING AND DEVELOPMENT SERVICES
DEPARTMENT.

92. MEDICAL MARIJUANA DISPENSARY, SUBJECT TO THE


FOLLOWING CONDITIONS AND LIMITATIONS; FAILURE TO
COMPLY WITH THE BELOW REGULATIONS AND REQUIREMENTS
SHALL RESULT IN NON-COMPLIANCE AND IS SUBJECT TO
REVOCATION OR DENIAL OF THE USE PERMIT.

a. A USE PERMIT SHALL BE OBTAINED IN ACCORDANCE WITH


THE STANDARDS AND PROCEDURES OF SECTION 307 OF
THE ZONING ORDINANCE AND:

1) SHALL BE REVIEWED EVERY 365 CALENDAR DAYS.

2) PROVIDE NAME(S) AND LOCATION(S) OF THE OFF-


SITE CULTIVATION LOCATION, IF APPLICABLE.

3) INCLUDE A COPY OF THE OPERATING PROCEDURES


ADOPTED IN COMPLIANCE WITH A.R.S. § 36-
2804(B)(1)(C).

b. SHALL BE LOCATED IN A PERMANENT BUILDING AND MAY


NOT BE LOCATED IN A TRAILER, CARGO CONTAINER, OR
MOTOR VEHICLE.

c. SHALL NOT EXCEED 2,000 SQUARE FEET OF NET FLOOR


AREA; THIS SHALL INCLUDE ALL STORAGE AREAS, RETAIL
SPACE, AND OFFICES.

12/15/2010 - 55 -
d. SHALL NOT BE LOCATED WITHIN 5,280 FEET OF THE SAME
TYPE OF USE OR A MEDICAL MARIJUANA DISPENSARY.
THIS DISTANCE SHALL BE MEASURED FROM THE
EXTERIOR WALLS OF THE BUILDING OR PORTION
THEREOF IN WHICH THE BUSINESSES ARE CONDUCTED
OR PROPOSED TO BE CONDUCTED TO THE NEAREST
EXTERIOR WALLS OR PORTION THEREOF FOR ANOTHER
MEDICAL MARIJUANA DISPENSARY, CULTIVATION, OR
INFUSION FACILITY. A SURVEY SEALED BY A REGISTRANT
OF THE STATE OF ARIZONA THAT SHOWS THE LOCATION
OF THE NEAREST MEDICAL MARIJUANA DISPENSARY OR
CULTIVATION LOCATION, IF WITHIN 5,480 FEET, SHALL BE
SUBMITTED TO THE PLANNING AND DEVELOPMENT
SERVICES DEPARTMENT.

e. SHALL NOT BE LOCATED WITHIN 250 FEET OF A


RESIDENTIALLY ZONED PROPERTY. THIS DISTANCE SHALL
BE MEASURED FROM THE EXTERIOR WALLS OF THE
BUILDING OR PORTION THEREOF IN WHICH THE
DISPENSARY IS CONDUCTED OR PROPOSED TO BE
CONDUCTED TO THE PROPERTY LINE OF THE
RESIDENTIALLY ZONED PROPERTY. A SURVEY SEALED BY
A REGISTRANT OF THE STATE OF ARIZONA THAT SHOWS
THE LOCATION OF THE NEAREST RESIDENTIALLY ZONED
PROPERTY, IF WITHIN 300 FEET, SHALL BE SUBMITTED TO
THE PLANNING AND DEVELOPMENT SERVICES
DEPARTMENT.

f. SHALL NOT BE LOCATED WITHIN 1,320 FEET OF A


PRESCHOOL, KINDERGARTEN, ELEMENTARY,
SECONDARY, OR HIGH SCHOOL, PUBLIC PARK, OR PUBLIC
COMMUNITY CENTER. THIS DISTANCE SHALL BE
MEASURED FROM THE EXTERIOR WALLS OF THE BUILDING
OR PORTION THEREOF IN WHICH THE DISPENSARY
BUSINESS IS CONDUCTED OR PROPOSED TO BE
CONDUCTED TO THE PROPERTY LINE OF THE PROTECTED
USE. A SURVEY SEALED BY A REGISTRANT OF THE STATE
OF ARIZONA THAT SHOWS THE LOCATION OF THE
NEAREST KINDERGARTEN, ELEMENTARY, SECONDARY, OR
HIGH SCHOOL, PUBLIC PARK, OR PUBLIC COMMUNITY
CENTER, IF WITHIN 1,370 FEET, SHALL BE SUBMITTED TO
THE PLANNING AND DEVELOPMENT SERVICES
DEPARTMENT.

12/15/2010 - 56 -
g. SHALL NOT BE LOCATED WITHIN 500 FEET OF A PLACE OF
WORSHIP. THIS DISTANCE SHALL BE MEASURED FROM
THE EXTERIOR WALLS OF THE BUILDING OR PORTION
THEREOF IN WHICH THE DISPENSARY BUSINESS IS
CONDUCTED OR PROPOSED TO BE CONDUCTED TO THE
PROPERTY LINE OF THE PLACE OF WORSHIP. A SURVEY
SEALED BY A REGISTRANT OF THE STATE OF ARIZONA
THAT SHOWS THE LOCATION OF THE NEAREST PLACE OF
WORSHIP, IF WITHIN 550 FEET, SHALL BE SUBMITTED TO
THE PLANNING AND DEVELOPMENT SERVICES
DEPARTMENT.

h. SHALL HAVE OPERATING HOURS NOT EARLIER THAN


8:00 A.M. AND NOT LATER THAN 7:00 P.M.

i DRIVE-THROUGH SERVICES ARE PROHIBITED.

93. MEDICAL MARIJUANA INFUSION PRODUCTION FACILITY,


SUBJECT TO THE FOLLOWING CONDITIONS AND LIMITATIONS;
FAILURE TO COMPLY WITH THE BELOW REGULATIONS AND
REQUIREMENTS SHALL RESULT IN NON-COMPLIANCE AND IS
SUBJECT TO REVOCATION OR DENIAL OF THE USE PERMIT.

a. USE PERMIT SHALL BE OBTAINED IN ACCORDANCE WITH


THE FOLLOWING STANDARDS AND PROCEDURES OF
SECTION 307 OF THE ZONING ORDINANCE AND:

1) SHALL BE REVIEWED EVERY 365 CALENDAR DAYS.

2) PROVIDE NAME(S) AND LOCATION(S) OF THE OFF-


SITE DISPENSARY.

3) INCLUDE A COPY OF THE OPERATING PROCEDURES


ADOPTED IN COMPLIANCE WITH A.R.S. § 36-
2804(B)(1)(C).

12/15/2010 - 57 -
b. SHALL NOT BE LOCATED WITHIN 5,280 FEET OF THE SAME
TYPE OF USE OR A MEDICAL MARIJUANA DISPENSARY.
THIS DISTANCE SHALL BE MEASURED FROM THE
EXTERIOR WALLS OF THE BUILDING OR PORTION
THEREOF IN WHICH THE BUSINESSES ARE CONDUCTED
OR PROPOSED TO BE CONDUCTED TO THE NEAREST
EXTERIOR WALLS OR PORTION THEREOF FOR ANOTHER
MEDICAL MARIJUANA DISPENSARY, CULTIVATION, OR
INFUSION FACILITY. A SURVEY SEALED BY A REGISTRANT
OF THE STATE OF ARIZONA THAT SHOWS THE LOCATION
OF THE NEAREST MEDICAL MARIJUANA DISPENSARY OR
CULTIVATION LOCATION, IF WITHIN 5,480 FEET, SHALL BE
SUBMITTED TO THE PLANNING AND DEVELOPMENT
SERVICES DEPARTMENT.

c. SHALL NOT BE LOCATED WITHIN 1,000 FEET OF A


RESIDENTIALLY ZONED PROPERTY. THIS DISTANCE SHALL
BE MEASURED FROM THE EXTERIOR WALLS OF THE
BUILDING OR PORTION THEREOF IN WHICH THE INFUSION
FACILITY IS CONDUCTED OR PROPOSED TO BE
CONDUCTED TO THE PROPERTY LINE OF THE
RESIDENTIALLY ZONED PROPERTY. A SURVEY SEALED BY
A REGISTRANT OF THE STATE OF ARIZONA THAT SHOWS
THE LOCATION OF THE NEAREST RESIDENTIALLY ZONED
PROPERTY, IF WITHIN 1,050 FEET, SHALL BE SUBMITTED
TO THE PLANNING AND DEVELOPMENT SERVICES
DEPARTMENT.

d. SHALL NOT BE LOCATED WITHIN 1,320 FEET OF A


PRESCHOOL, KINDERGARTEN, ELEMENTARY,
SECONDARY, OR HIGH SCHOOL, PUBLIC PARK, OR PUBLIC
COMMUNITY CENTER. THIS DISTANCE SHALL BE
MEASURED FROM THE EXTERIOR WALLS OF THE BUILDING
OR PORTION THEREOF IN WHICH THE INFUSION FACILITY
IS CONDUCTED OR PROPOSED TO BE CONDUCTED TO THE
PROPERTY LINE OF THE PROTECTED USE. A SURVEY
SEALED BY A REGISTRANT OF THE STATE OF ARIZONA
THAT SHOWS THE LOCATION OF THE NEAREST
KINDERGARTEN, ELEMENTARY, SECONDARY, OR HIGH
SCHOOL, PUBLIC PARK, OR PUBLIC COMMUNITY CENTER,
IF WITHIN 1,370 FEET, SHALL BE SUBMITTED TO THE
PLANNING AND DEVELOPMENT SERVICES DEPARTMENT.

12/15/2010 - 58 -
e. SHALL NOT BE LOCATED WITHIN 500 FEET OF A PLACE OF
WORSHIP. THIS DISTANCE SHALL BE MEASURED FROM
THE EXTERIOR WALLS OF THE BUILDING OR PORTION
THEREOF IN WHICH THE INFUSION FACILITY IS
CONDUCTED OR PROPOSED TO BE CONDUCTED TO THE
PROPERTY LINE OF THE PLACE OF WORSHIP. A SURVEY
SEALED BY A REGISTRANT OF THE STATE OF ARIZONA
THAT SHOWS THE LOCATION OF THE NEAREST PLACE OF
WORSHIP, IF WITHIN 550 FEET, SHALL BE SUBMITTED TO
THE PLANNING AND DEVELOPMENT SERVICES
DEPARTMENT.

f. THAT THE FACILITY SHALL PREVENT THE EMISSION OF


DUST, FUMES, VAPORS, OR ODORS INTO THE
ENVIRONMENT.

***

This item is recommended by Mr. Krietor and the Planning and Development
Services Department.

ITEM 19 DISTRICT 1 ORDINANCE G-5574 -


AMEND ZONING CODE -
REZONING
APPLICATION Z-18-10-1

Request to authorize the City Manager to amend the Phoenix Zoning Ordinance,
Section 601, the Zoning Map of the City of Phoenix, by adopting Rezoning
Application Z-18-10-1 for the CP/GCP DVAO (Commerce Park/General
Commerce Park, Deer Valley Airport Overlay) zoning district located at the
southeast corner of 13th Avenue and Parkview Lane alignments.

This item is recommended by Mr. Krietor and the Planning and Development
Services Department.

12/15/2010 - 59 -
ITEM 20 DISTRICT 4 ORDINANCE G-5575 -
AMEND ZONING CODE -
REZONING
APPLICATION Z-25-10-4

Request to authorize the City Manager to amend the Phoenix Zoning Ordinance,
Section 601, the Zoning Map of the City of Phoenix, by adopting Rezoning
Application Z-25-10-4 for the R-5 TOD-1 HP (Multiple Family Residence, Interim
Transit-Oriented Zoning Overlay District One, Historic Preservation Overlay)
zoning district located approximately 725 feet east of the northeast corner of
3rd Avenue and Mariposa Street.

This item is recommended by Mr. Krietor and the Planning and Development
Services Department.

ITEM 21 DISTRICT 6 ORDINANCE G-5576 -


AMEND ZONING CODE -
REZONING
APPLICATION Z-17-10-6

Request to authorize the City Manager to amend the Phoenix Zoning Ordinance,
Section 601, the Zoning Map of the City of Phoenix, by adopting Rezoning
Application Z-17-10-6 for the C-1 (Neighborhood Retail) zoning district located
approximately 150 feet south of the southeast corner of 40th Street and
Hazelwood Street.

This item is recommended by Mr. Krietor and the Planning and Development
Services Department.

ITEM 22 DISTRICT 8 ORDINANCE G-5577 -


AMEND ZONING CODE -
REZONING
APPLICATION Z-24-10-8

Request to authorize the City Manager to amend the Phoenix Zoning Ordinance,
Section 601, the Zoning Map of the City of Phoenix, by adopting Rezoning
Application Z-24-10-8 for the C-3 TOD-1 HP-L (General Commercial, Interim
Transit-Oriented Zoning Overlay District One, Historic Preservation Overlay-
Landmark) zoning district located at the northwest corner of 8th Street and
Jefferson Street.

This item is recommended by Mr. Krietor and the Planning and Development
Services Department.

12/15/2010 - 60 -
ITEM 23 CITYWIDE ORDINANCE S-37579 -
PAYMENT ORDINANCE

(Continued from December 8, 2010) - Request to authorize the expenditure of


public money for payment of claims against the City of Phoenix.

This requests continuing payment authority, up to amounts indicated, for the


following contracts and/or bids awarded:

$ 10,000.00 ak) To Craig Smith to continue to provide photography


services through November 30, 2011, for art
collections, museum exhibitions, events, buildings,
and projects at City Airports for documentation and
artistic purposes under Agreement 125035 for the
Aviation Department.

$ 10,000.00

This item is recommended by Mr. Cavazos and the Finance Department.

ITEM 24 CITYWIDE ORDINANCE S-37580 -


PAYMENT ORDINANCE

Request to authorize the expenditure of public money for payment of claims


against the City of Phoenix.

$ 10,077.30 a) To Caltrol, Las Vegas, NV, for the purchase of valve


actuator parts to be used at the Val Vista Water
Treatment Plant for the Water Services Department.

16,222.97 b) To Language Line Services, Dallas, TX, for


translation services provided for 911 calls under
Contract 124595 for the Police Department.

171,703.00 c) To Oakland Athletics Baseball Company, Oakland,


CA, for field maintenance services provided from
July 1, 2010 to September 30, 2010, at Phoenix
Municipal Stadium and Papago Park Baseball
Facilities under Agreement 67917, originally
approved on April 6, 1994, for the Parks and
Recreation Department.

12/15/2010 - 61 -
$ 23,066.10 d) To SC Fuels, Orange, CA, for the purchase of
unleaded gasoline for the Rental Car Center at
Phoenix Sky Harbor International Airport for the
Aviation Department.

9,663.12 e) To Starkweather Roofing, Inc., Cave Creek, to


provide roofing services, including walk pads and
wall flashing, at the Union Hills Service Center for
the Public Works Department.

This requests continuing payment authority, up to amounts indicated, for the


following contracts and/or bids awarded:

$ 9,515.00 f) To Intelligent Control Network, LLC, dba GMI Pump


Systems, to exercise an option to extend
Agreement P-8979-10 awarded by IFB 10-014,
originally approved on September 29, 2009, to
continue to provide pumping station preventative
maintenance and repair services for the Parks and
Recreation and Public Works Departments.

10,425.14 g) To Rosa G. Compean and/or Assignee(s) to provide


displacement relocation assistance as part of the
Community Noise Reduction Program for the
Aviation Department by the Finance Department.

37,700.00 h) To Stabilizer Solution, Inc. to exercise an option to


extend Agreement P-8237-08 awarded by IFB 07-
045, originally approved on November 1, 2006, to
continue to supply soil conditioners, mixes, and other
baseball field materials for the Parks and Recreation
Department.

$ 288,372.63

This item is recommended by Mr. Cavazos and the Finance Department.

12/15/2010 - 62 -
ITEM 25 DISTRICT 1 ORDINANCE S-37581 -
PROPOSED 7TH AVENUE AND
PARK VIEW LANE
ANNEXATION

Request to extend and increase the corporate limits of the City of Phoenix,
Arizona, pursuant to the provisions of Arizona Revised Statutes, Section 9-471,
by annexing thereto a certain tract of land contiguous to and not embraced within
the present limits of the City of Phoenix, designated as 7th Avenue and Park
View Lane Annexation. The ordinance also authorizes current county zoning to
continue in effect until municipal zoning is applied to the annexed territory, but
not longer than six months after this annexation.

This annexation was requested by the property owner to obtain City services and
conforms to current City policies regarding annexation of property prior to
extension of City services. The proposed annexation area includes 5 acres
(0.008 square miles) and the population is estimated to be 0. The property is
located at the southwest corner of 7th Avenue and Park View Lane.

On August 31, 2010, the City Council authorized filing of a blank petition with the
County Recorder's Office and the required public hearing was held October 6,
2010. The City Clerk Department has received signed petitions representing
100 percent of the assessed value and 100 percent of the owners, excluding
utilities, within the proposed annexation area. The Waiver of Claims for
Diminution in Value of Property under Proposition 207 has been executed.

A map accompanies this item on the following page.

This item is recommended by Ms. Takata and the City Clerk Department.

12/15/2010 - 63 -
12/15/2010 - 64 -
ITEM 26 CITYWIDE ORDINANCE S-37582 -
AMENDMENT 5 TO
AGREEMENT 122953 WITH
GALLAGHER & KENNEDY, P.A.
STATE LEGISLATIVE
REPRESENTATION

Request to authorize the City Manager to enter into Amendment 5 to


Agreement 122953 with Gallagher & Kennedy, P.A. to provide professional
consulting and legislative services for aviation and public safety legislative issues
through the Office of Government Relations (GR). The term of this amendment
will be for one year, January 1, 2011 through December 31, 2011, with one,
one-year renewal option remaining. The initial term of the contract was for
one year, January 1, 2008 through December 31, 2008, with up to four, one-year
renewals. Any further renewal would require the future approval of the Mayor
and Council.

The City engages professional contract lobbyists to assist GR in implementing


the State Legislative Agenda adopted by the Mayor and Council each year. The
current contract with Gallagher & Kennedy, P.A. expires on December 31, 2010.

Financial Impact
Compensation for Gallagher & Kennedy including all expenses will be $114,000
and will be paid equally by the Aviation Department and the Police Department.
Of the full contract amount, $57,000 will be encumbered in Fiscal Year 2010-
2011 and the remaining $57,000 will come from Fiscal Year 2011-2012.

The City Controller is authorized to receive and disburse funds associated with
this contract.

Employment Impact
If approved, this request will help to retain 0.63 private sector jobs.

Affirmative Action
Gallagher & Kennedy, P.A. is eligible to do business with the City until
December 31, 2010. The firm is responsible for maintaining its eligibility during
the life of the contract and failure to do so may result in termination of the
contract.

This item is recommended by Mr. Cavazos and the Office of Government


Relations, Aviation, and Police Departments.

This item is also recommended by Mr. Zuercher and Mr. Krietor.

12/15/2010 - 65 -
ITEM 27 DISTRICT 8 ORDINANCE S-37583 -
AMEND CHILLED WATER
SERVICES AGREEMENT WITH
NORTHWIND TO SERVE ASU
DOWNTOWN PHOENIX
CAMPUS POST OFFICE
BUILDING

Request to authorize the City Manager, or his designee, to amend the chilled
water services agreement with Northwind Phoenix, LLC (Northwind), and
authorize the City Controller to receive and disburse funds.

The purpose of this amendment is to extend chilled water service to the City-
owned downtown Post Office Building at 522 North Central Avenue, part of the
Arizona State University (ASU) Downtown Phoenix campus. This utility service
will increase energy efficiency in this historic building and result in lower
operating costs.

Expenses for this service include an initial interconnect charge of up to $400,000


for construction of the system. Under the terms of the City’s Master Lease with
ASU, the university will be responsible for all on-going operating and usage
expenses. In addition, ASU has agreed to pay the upfront interconnection costs
as well, so there is no net expense to the City.

Northwind is a sole source provider of chilled water in the downtown area and
was selected as a result of the capital, operational, and energy savings provided
by this service.

Financial Impact
There is no net financial impact to the City. The initial start up costs and monthly
consumption charge costs will be paid by ASU. Funding is available in the
Downtown Community Reinvestment Fund.

Affirmative Action
Northwind is eligible to do business with the City until August 18, 2011, by its
compliance with the affirmative action requirements of the City Code, Chapter 18,
Article V. Northwind is responsible for maintaining its eligibility during the life of
the contract and failure to do so may result in termination of the contract. ASU,
as a state entity, is not required to meet the City’s affirmative action
requirements.

This request is recommended by Mr. Naimark and the Community and Economic
Development and Public Works Departments.

This item is also recommended by Mr. Krietor.

12/15/2010 - 66 -
ITEM 28 DISTRICT 8 ORDINANCE S-37584 -
AGREEMENTS WITH ARIZONA
BOARD OF REGENTS FOR
DEVELOPMENT OF ARIZONA
CANCER CENTER AND JOINT
DEVELOPMENT OF THE
PHOENIX BIOMEDICAL
CAMPUS

Request to authorize the City Manager, or his designee, to enter into agreements
with the Arizona Board of Regents (ABOR) on behalf of The University of Arizona
(UA) for the development of the Arizona Cancer Center (AZCC) on the Phoenix
Biomedical Campus (PBC) and for joint development of the PBC. Authorization
is also requested for the City Manager, or his designee, to enter into all leases,
license agreements, easements, and other agreements as necessary for the
development of the AZCC and PBC, and to also allow the City Controller to
accept funds and deposit lease payments into the Genomics Facilities
Operations and Maintenance Fund.

A Letter of Intent with the UA has been signed for the development of the AZCC
to be located on city property at the northwest corner of 7th and Fillmore Streets.
The project, subject to ABOR and City Council approval, will house cancer
treatment clinics, medical offices, and research space. The AZCC is planned to
be an approximately six-story, 250,000-square-foot facility.

The recommended terms of the Development Agreement (DA) with ABOR on


behalf of the AZCC are as follows: within 12 months of City Council authorization
of the business terms, ABOR will enter into a DA outlining the terms and
conditions of the development and lease. By this time, ABOR must identify a
parking plan acceptable to the City to accommodate AZCC users. Within
12 months from the execution of the DA, ABOR will complete schematic design
and provide evidence of financing. Within 12 months from completion of
schematic design, ABOR shall obtain building permits. Within six months of
obtaining building permits, ABOR must commence construction of AZCC. ABOR
will complete the project no later than 24 months following commencement of
construction. Associated development of the AZCC shall include, but is not
limited to, the following: addressing pedestrian connections to the Campus and
shall include arcades, open spaces, art, colonnade, and shaded walkways as
identified in the Comprehensive Master Development Plan and City of Phoenix
Urban Form Downtown Code. The City will lease the land to ABOR for 60 years
at a land value of $45 per square foot to yield an annual lease payment of
$50,932.50. At the end of the lease term, land ownership will transfer to ABOR.
In consideration of the development of the AZCC, the City will defer the rental
payments for the first ten years and recapture the payments in the last 20 years
of the lease term.

12/15/2010 - 67 -
If ABOR fails to meet these performance milestones, the City will have the ability
to terminate the agreement with no further obligations, though staff will have the
ability to administratively modify time extensions pursuant to mutual agreement
with ABOR and UA.

In addition, staff is presently working with Ayers Saint Gross to update the PBC
Comprehensive Master Development Plan (CMDP), which was adopted by City
Council in October 2007. Plans include re-envisioning the PBC and updating the
CMDP based on development activity to date as well as develop best-case
planning scenarios for future expansion beyond the PBC’s 28 acres. In order to
fulfill the goal of making the PBC a premier location for biomedical research,
academic, and clinical care, staff requests authorization to enter into an
Intergovernmental Agreement with ABOR to allow the City and universities to
jointly develop and expand the PBC.

Financial Impact
There is no financial impact to the City.

Affirmative Action
As a public entity, ABOR is exempt from the affirmative action requirements of
the City of Phoenix.

This item is recommended by Mr. Naimark and the Community and Economic
Development Department.

ITEM 29 CITYWIDE ORDINANCE S-37585 -


ROOF AND AIR CONDITIONING
REPAIR/REPLACEMENT FROM
HAIL STORM DAMAGE

Request to authorize the City Manager, or his designee, to award contracts as


necessary to repair and replace roofs and air conditioning units on City properties
damaged as a result of the severe hail/windstorm on October 5, 2010, and for the
City Controller to disburse funds in connection with such purpose.

City departments have been working closely with insurance company


representatives over the last several weeks to assess the damage to buildings
and structures resulting from this storm. Much of the damage has now been
inspected and it is clear that hundreds of roofs and air conditioning units will need
to be repaired or replaced.

Due to the large number of buildings affected by the storm the repair and
replacement work needs to begin as soon as possible to assure that work is
completed before the summer season.

12/15/2010 - 68 -
To the extent possible, existing City or other government contracts will be
utilized. Any additional work required not covered by an existing contract will be
competitively bid by the Finance Department. All work will begin as soon as
authorization has been obtained from the City’s property insurance carrier.

The Finance Department purchases property insurance for events such as this
storm. The cost of repair or replacement for all City buildings will be reimbursed
by the property insurance policy. The insurance company has already advanced
funds and has committed to continue to do so in order to minimize the up front
costs incurred by the City.

This request is recommended by the Deputy Finance Director, Finance Director,


and Public Works Director.

This item is also recommended by Mr. Cavazos and Mr. Naimark.

ITEM 30 CITYWIDE ORDINANCE S-37586 -


IFB 11-022 - ORNAMENTAL
TUBULAR STEEL FENCING -
UNIVERSITY PARK

Report of 13 bids received by Purchasing on September 24, 2010, to replace the


ornamental tubular steel fencing at the University Park for the Parks and
Recreation Department. Following is a tabulation of the lowest bids received:

Total Bid Prices


Bidder (Excluding Tax)
A Ward Fence, LLC $55,806.00*
Mesa, Arizona

Sav-On Fence $58,980.00


Glendale, Arizona

L.P. Steel Industries $66,002.07


Laveen, Arizona

It is recommended by the Deputy Finance Director and the Deputy Parks and
Recreation Director that the bid of A Ward Fence, LLC, as asterisked, be
accepted as the lowest responsible bidder. Further authorizing the City
Controller to disburse the funds.

Funds are available in the Parks and Recreation Department’s 2010-2011


Capital Improvement Program using Phoenix Parks and Preserves Initiative.

It is estimated that this contract will create approximately 0.6 private sector jobs.

12/15/2010 - 69 -
The subject firm is eligible to do business with the City of Phoenix until
September 15, 2012, by its compliance with the affirmative action requirements
of the City Code, Chapter 18, Article IV or V. The firm is responsible for
maintaining its eligibility during the life of the contract and failure to do so may
result in termination of the contract.

This item is also recommended by Mr. Naimark.

ITEM 31 DISTRICTS 1 AND 7 ORDINANCE S-37587 -


ACCEPTANCE AND
DEDICATION OF A DEED AND
EASEMENTS FOR PUBLIC USE

Request to accept a deed and easements for roadway, multi-use trail, drainage,
and sidewalk purposes; ordering the ordinance recorded; and dedicating to
public use the properties described therein.

District
Deed (a) COMPASS BANK Deed is for roadway 1
purposes for property located at 1850 West
Happy Valley Road. FN 100042
Easement (b) COMPASS BANK Easement is for multi-use 1
trail purposes for property located at 1850 West
Happy Valley Road. FN 100042
Easement (c) PHOENIX LAND DEVELOPMENT, L.P. 7
Easement is for drainage purposes for property
located at 875 South 65th Avenue. FN 100040
Easement (d) PHOENIX LAND DEVELOPMENT, L.P. 7
Easement is for sidewalk purposes for property
located at 875 South 65th Avenue. FN 100040

This bears the recommendation of the Finance Director.

This item is also recommended by Mr. Cavazos.

ITEM 32 DISTRICT 8 ORDINANCE S-37588 -


ACCEPTANCE AND
DEDICATION OF AN
EASEMENT AND A DEED FOR
PUBLIC USE

Request to accept an easement and a deed for roadway, avigation, and noise
reduction purposes; ordering the ordinance recorded; and dedicating to public
use the properties described therein.

12/15/2010 - 70 -
District
Easement (a) TERTULIA Easement is for avigation and noise 8
reduction purposes for property located at
812 South 6th Avenue.
Deed (b) HASSAN ODAH AL-ANSARY AND GHALEB 8
ABDUL SAH HASSAN Deed is for roadway
purposes for property located at 312 North
15th Street. FN 100031

This bears the recommendation of the Finance Director.

This item is also recommended by Mr. Cavazos.

ITEM 33 DISTRICT 8 ORDINANCE S-37589 -


ACQUISITION OF PRIVATELY-
OWNED REAL PROPERTY -
2801 AND 2805 EAST ADAMS

Request to authorize the City Manager, or his designee, to acquire fee title in all
or portions of improved or vacant privately-owned parcels of land located at
2801 and 2805 East Adams. The property consists of approximately 0.33 acres
and is to be for a future mini-park. Further request authorization to enter into
short-term protective leases to minimize relocation costs and temporary
occupancy agreements to allow occupants time to relocate, as may be necessary
to, and in furtherance of, this ordinance.

Further authorizing the City Controller to disburse funds to purchase the property
within the City’s appraised value, plus usual and customary closing costs, and to
accept and disburse funds for the referenced leases and agreements.

Acquisition is to be by donation or purchase within the appraised value.

Funding is available in the 2010-2011 Parks and Recreation Department’s


Capital Improvement Program using 2006 Bond funds.

This bears the recommendation of the Parks and Recreation Director and the
Deputy Finance Director.

This item is also recommended by Mr. Naimark.

12/15/2010 - 71 -
ITEM 34 CITYWIDE ORDINANCE S-37590 -
HOUSING QUALITY
STANDARDS INSPECTION
SERVICES RFP AWARD AND
CONTRACT WITH HOM, INC.

Request to authorize the City Manager, or his designee, to award and enter into
a contract pursuant to the City’s Request for Proposals (RFP) for on-call Housing
Quality Standards (HQS) inspections services to HOM, Inc. to conduct such
inspection services for applicants and participants of Housing Department
multifamily and single-family assisted housing programs, and to allocate up to
$69,000 to pay for the services being provided under the contract. Authorization
is further requested for the City Controller to disburse the requested funds.

In accordance with United States Department of Housing and Urban


Development regulations, the City must ensure that housing units assisted with
certain federal funds meet federal HQS standards. The proposed HOM, Inc.
contract will enable the City to fulfill these requirements. HOM, Inc. will
coordinate with the Housing Department to perform the requested HQS
inspections on an as-needed basis.

The Housing Department issued an RFP on August 2, 2010, seeking qualified


firms to conduct HQS inspections. The Housing Department utilized a selection
committee to review the proposals received. HOM, Inc. was chosen based on
qualifications, services offered, and fees proposed. HOM, Inc. provided the
lowest cost for services, and all of its inspectors are HQS certified.

The term of the contract will be two years with the option for the parties to extend
the term for a one-year period.

Financial Impact
There is no impact on the General Purpose Fund. Funds to be used are
available in the Housing Department’s budget.

Employment Impact
If the contract amount is fully utilized, up to one job will be created or maintained.

Affirmative Action
HOM, Inc. is eligible to do business with the City by its compliance with the
affirmative action requirements of the City Code, Chapter 18, Article IV or V until
December 21, 2010. The firm is responsible for maintaining its eligibility during
the life of the contract and failure to do so may result in termination of the
contract.

This item is recommended by Mr. Miller and the Housing Department.

12/15/2010 - 72 -
ITEM 35 CITYWIDE ORDINANCE S-37591 -
CONTRACT FOR ESL
CLASSES FOR HEAD START
PARENTS

Request to authorize the City Manager to enter into a contract with Maricopa
County Community College - Rio Salado to provide training for the Head Start
program in an amount up to $18,000 through June 30, 2011.

Authorization is also requested for the City Controller to disburse all funds for
payment of services performed under this contract.

Maricopa County Community College - Rio Salado was selected in accordance


with the Request for Quotations process established in Administrative
Regulation 3.10.

Program Impact
Head Start has a history of recruiting and serving children and families from
homes where languages other than English are used. More than 20 Head Start
Performance Standards refer to home language, learning English, and/or cultural
background of children and families. Spanish is the primary language for over
65 percent Head Start families and 83 percent of Early Head Start families.
Based on Head Start Parent surveys, families indicated interest in receiving
English classes to help them be successful in assisting their children in the public
school system and achieving social competence. The Office of Head Start
recommends that programs continually assess their preparedness for working
with this targeted population and develop systems, policies, and procedures that
support quality service delivery.

Employment Impact
The contract is estimated to create or retain 0.2 jobs.

Affirmative Action
Maricopa County Community College is in compliance with the affirmative action
requirements of the City Code, Chapter 18, Article IV or V until November 5,
2011, and is responsible for maintaining compliance through the contract period.

Financial Impact
No General Funds are required. Funding is available in the current Head Start
and Early Head Start training and technical assistance grant budget.

This item is recommended by Mr. Naimark and the Human Services Department.

12/15/2010 - 73 -
ITEM 36 CITYWIDE ORDINANCE S-37592 -
ACCEPT PULLIAM
CHARITABLE TRUST FUNDING
FOR THE PURCHASE OF
HOLIDAY GIFT CARDS

Request to authorize the City Manager to accept $22,800 from the Nina Pulliam
Charitable Trust for the purchase of holiday gift cards. The gift cards will be used
to assist the Human Services Department’s Adopt-a-Family program.

Authorization is also requested for the City Controller to accept and disburse the
necessary funds.

Program Impact
The Pulliam Charitable Trust donation will be used to purchase gift cards that will
be distributed to needy families who might not otherwise receive a holiday gift.

In Fiscal Year 2009-2010, the Pulliam Charitable Trust donated $22,800 to assist
the Human Services Department’s Adopt-a-Family program. This generous
donation allowed the Human Services Department to provide a holiday gift card
to over 286 families. For many families, the holiday gift card was the only gift
received.

Financial Impact
No General Funds are required to receive funding.

Employment Impact
The grant award is estimated to retain/create 0.25 full-time equivalent jobs.

This item is recommended by Mr. Naimark and the Human Services Department.

ITEM 37 DISTRICT 8 ORDINANCE S-37593 -


HISTORIC PRESERVATION
BOND FUNDS FOR SWINDALL
TOURIST INN - 1021 EAST
WASHINGTON STREET -
EMERGENCY CLAUSE

Request to authorize the City Manager to enter into a contract with Bliksem
Properties, LLC to expend up to $37,996 in Historic Preservation Bond funds for
the rehabilitation of the historic 1913 Swindall Tourist Inn, located at 1021 East
Washington Street; and to authorize the City Controller to disburse the necessary
funds.

12/15/2010 - 74 -
Bliksem Properties, LLC is the owner of the historic Swindall Tourist Inn and has
submitted a Demonstration Project Grant application requesting funds to
rehabilitate the property. The property is listed on the Phoenix Historic Property
Register and the National Register of Historic Places for its role in
accommodating African American visitors to Phoenix prior to the Civil Rights Act
of 1964. The Historic Preservation Bond funds will be used to perform structural
work necessary to prepare the first and second floors of the vacant historic
building for occupancy. Although historically used as a residence and African
American boarding house, the approximately 2,690-square-foot building will be
adaptively reused for professional offices.

Employment Impact
The rehabilitation project is expected to employ between 15 and 20 persons.

Financial Impact
This project will use up to $37,996 in available 2006 Historic Preservation Bond
funds. The total cost of the grant-eligible work items, including eligible
architectural and engineering expenses, is $75,991. The City’s share of the
grant-eligible costs will be half, or $37,996. The owner will invest at least an
additional $117,025 to cover ineligible work items, including plumbing, electrical,
mechanical, interior, and site work. According to grant program guidelines, the
city will receive a 20-year conservation easement on the historic building in
exchange for grant funding.

Concurrence
The Historic Preservation Commission recommended approval of this grant
request on October 18, 2010. The City Council Housing and Neighborhoods
Subcommittee was scheduled to review this item on November 10, 2010, but
made no recommendation due to the lack of a quorum.

Emergency Clause Justification


An emergency clause is requested because the award amount is based on a bid
with an expiration date, after which time the prices will increase.

This item is also recommended by Mr. Krietor and the Planning and
Development Services Department.

12/15/2010 - 75 -
ITEM 38 CITYWIDE ORDINANCE S-37594 -
SALE OF DECEASED OFFICER
GEORGE CORTEZ'S CITY
ISSUED WEAPON TO SPOUSE,
TIFFANY CORTEZ

Request approval to sell deceased Officer George Cortez’s weapon to his


spouse, Tiffany Cortez.

The Glock .40 Caliber, Model 22, Serial Number CNB221, will be sold to Tiffany
Cortez for one dollar, in accordance with Memorandum of Understanding 2010-
2012, Section 5-6J.

This item is recommended by Mr. Zuercher and the Police Department.

ITEM 39 CITYWIDE ORDINANCE S-37595 -


AMEND CONTRACT 129688
FOR POLICE CUSTOM
SOFTWARE

Request to authorize the City Manager, or his designee, to amend


Contract 129688, awarded on August 31, 2010 (Request for Council
Action 65116), with Adventos, LLC (Adventos) for custom software
enhancements for the Police Department. Authorization is also requested for the
City Controller to disburse funding for this amendment.

In August 2010, the City Council authorized the award of a contract to Adventos
to provide programming and technical support to various in-house designed
applications for the Police Department. The original contract amount was for
$700,000. Amendment 1 will add an additional $60,000 for additional
programming and technical support, for a total amount of $760,000.

Amendment 1 will also add additional items to the scope of work. The additional
items to be added include installing and configuring the Microsoft SharePoint
2010 system and provide hands-on mentoring and knowledge transfer to on-staff
Information Technology Analyst/Programmers. All other terms and conditions of
the contract will remain in effect.

Financial Impact
Funding is available in 2009 American Recovery and Reinvestment Act (ARRA)
Justice Assistance Grant funds for Police software upgrades.

Adventos, LLC is eligible to do business with the City of Phoenix until April 16,
2012, by its compliance with the affirmative action requirements of the City Code,
Chapter 18, Article IV. The firm is responsible for maintaining its eligibility during
the life of the contract and failure to do so may result in termination of the
contract.
12/15/2010 - 76 -
A condition of the use of ARRA funding indicates that businesses cannot be on
the Federal Government’s Excluded Parties List. Staff has confirmed that
Adventos is eligible to do business with the Federal Government.

This item is recommended by the Mr. Zuercher, the Police Department’s


Information Technology Bureau Administrator, and the City’s Chief Information
Officer.

ITEM 40 CITYWIDE ORDINANCE S-37596 -


AGREEMENT TO PURCHASE
UPGRADE FOR VEHICLE
MANAGEMENT SYSTEM

Request to authorize the City Manager, or his designee, to enter into a five-year
agreement with ACS Transport Solutions, a Xerox Company, for an upgrade to
the current regional Vehicle Management System (VMS) at an estimated total
cost of $2,573,028; and authorizing the City Controller to disburse funds in
accordance therewith.

The City Council originally approved the purchase of the region-wide VMS on
February 6, 2002, after a competitive procurement process. Due to the
proprietary nature of the software, per Administrative Regulation 3.10, the Public
Transit Director has recommended an exception to the selection process.

Public Transit requests authority to negotiate and enter into a contract with ACS
for an upgrade of the proprietary software for the VMS application to the most
current version and professional services necessary to support the application.
The agreement will commence on January 1, 2011. The proprietary software is
past its normal life cycle. Further, to meet a federal mandate, the region-wide
transit voice communication system is in the process of being moved to the
Regional Wireless Cooperative (RWC) 700/800 MHz system and this upgrade is
needed to facilitate that change by the December 31, 2012, federal deadline. If
this software upgrade and the related region-wide transit communication system
project are not completed by the deadline, it is anticipated that voice
communication with bus and light rail vehicles will be lost.

ACS will provide design, engineering, programming, planning services, and


implementation of this project. The City will supply standard workstations and
servers necessary for the project. The City will also supply all required third party
software licenses necessary for the project.

Employment Impact
It is estimated that this contract will create 28.5 private sector jobs.

12/15/2010 - 77 -
Financial Impact
The estimated cost of $2,573,028 is available in the Public Transit Department’s
Capital Improvement Program budget as follows:

Project T2000 Funds FTA Funds Total


PT37160001-1 $139,990 $ 559,961 $ 699,951
PT37160001-2 $374,615 $1,498,462 $1,873,077
Total $514,605 $2,058,423 $2,573,028

This item is recommended by Ms. Morris and the Public Transit Department.

ITEM 41 CITYWIDE ORDINANCE S-37597 -


SOLAR RENEWABLE ENERGY
CREDIT PURCHASE
AGREEMENT GRID-TIED
PHOTOVOLTAIC SYSTEM

Request to authorize the City Manager, or his designee, to enter into a Credit
purchase agreement with Arizona Public Service (APS) related to the APS
Renewable Energy Incentive Program (Incentive Program). Under the Incentive
Program, APS will agree to purchase energy produced by photovoltaic system
installed on City properties and to provide incentives to the City to install such
photovoltaic systems.

As part of the Incentive Program, APS requires participants to enter into a formal
agreement. The City requested changes to a number of terms and conditions in
the agreement but all City requested changes were rejected by APS. Therefore,
to participate in this program and receive the benefit of the Incentive Program,
APS requires the following material items:

1. APS will be entitled to damages if the City cannot deliver Renewable Energy
credits associated with the energy produced by the System.

2. APS will pay a fixed price for energy for the entire term of the agreement
instead of a rate adjusted by the Consumer Price Index as requested by the
City.

3. APS requires a limit on APS’s liability and the City’s ability to recover
damages against APS for a breach by APS including, but not limited to,
consequential damages. Pursuant to Phoenix City Code Sections 42-13 and
42-15, APS specifically requests Council to expressly waive these legal rights
and interests.

12/15/2010 - 78 -
The City will realize a financial benefit from the utility based on the Incentive
Program (production based incentives, $/kWh), which typically represents a
discount of 20 - 30 percent of the cost of energy which is produced by the solar
photovoltaic system. The utility incentive will allow the City to purchase the
green energy produced by the solar system at a lower cost compared to the
current utility cost ($/kWh). Conversely, without the utility incentives, the cost for
green energy will likely be higher than current utility costs.

The subject firm is eligible to do business with the City of Phoenix until
August 18, 2011, by its compliance with the affirmative action requirements of the
City Code, Chapter 18, Article IV or V. The firm is responsible for maintaining its
eligibility during the life of the contract and failure to do so may result in
termination of the agreement.

This item is recommended by Mr. Naimark and the Public Works Department.

ITEM 42 DISTRICT 2 RESOLUTION 20946 -


APPROVAL FOR THE
ISSUANCE OF UP TO
$25,000,000 OF VARIABLE
RATE REVENUE BONDS FOR
W. L. GORE &
ASSOCIATES, INC. -
EMERGENCY CLAUSE

Request approval, on behalf of W. L. Gore & Associates, Inc. (the Applicant), to


grant final approval for the issuance of up to $25,000,000 of The Industrial
Development Authority of the City of Phoenix, Arizona (the Authority) Variable
Rate Revenue Bonds (the Bonds) to finance part of the construction and
installation of site infrastructure, manufacturing buildings, centralized utilities,
parking structures, furnishings, and equipment to be utilized for the expansion of
the Applicant's Medical Products Division that the Applicant has purchased at
32212 North, North Valley Parkway in Phoenix (the Project). The Project has an
estimated construction cost of approximately $100 million for its first phase.

The Applicant is a privately held corporation that was formed in 1958. The
company possesses 50 locations worldwide and has an employment base of
9,000. The Applicant is best known for its GORE-TEX® fabrics. The Medical
Products Division manufactures a family of products that include vascular grafts,
endovascular and interventional devices, surgical meshes for hernia repair, and
sutures for use in vascular, cardiac, and general surgery. It is anticipated that
the first phase of the Project will be completed in 18 - 24 months.

12/15/2010 - 79 -
In December 2009, the Council approved a resolution authorizing the issuance of
bonds by the Authority up to $30,000,000 under an allocation of Recovery Zone
Facility Volume Cap (RZFB Volume Cap) from the Arizona Department of
Commerce (the Department), which bonds were subsequently issued on
January 1, 2010. As a result of a lottery for reallocation of RZFB Volume Cap
conducted by the Department, and RZFB Volume Cap waivers from other
Arizona cities and counties, the Applicant was recently awarded additional
allocations of RZFB Volume Cap to finance a portion of the costs of the Project.

The applicant submitted a formal employment plan to the Community and


Economic Development Department. The Project will result in the creation of
436 full-time equivalent positions with an average salary of $48,000.

On November 29, 2010, the Authority adopted a resolution authorizing the


issuance of the Bonds.

The Bonds will not involve the credit or financial backing of the City of Phoenix.
The City of Phoenix will not incur any additional costs as a result of the project.

Emergency Clause Justification


Time is of the essence in this transaction due to interest rate and bond closing
considerations. The Applicant requests that an emergency clause be included to
enable the bond closing to occur immediately after City Council approval.

This item is recommended by Mr. Cavazos, Mr. Krietor, and the Community and
Economic Development Department.

ITEM 43 DISTRICT 6 RESOLUTION 20947 -


ABANDONMENT OF RIGHT-OF-
WAY - V-090033A

Request to abandon the following right-of-way as it is no longer needed.

On November 23, 2009, the Abandonment Hearing Officer considered the


application of Kevin Uliassi to abandon the west 15 feet of 20th Street right-of-
way adjacent to the parcels addressed as 6718, 6726, and 6734 North
20th Street, and 1931 East Lamar Road.

The Hearing Officer recommended approval of the adoption of the abandonment,


subject to stipulations which have been satisfied.

A fee was also collected as part of this abandonment in the amount of $558.50.

12/15/2010 - 80 -
Following established review procedures, no objections to the Hearing Officer’s
recommendation have been received from City Council or other parties.

This item is recommended by Mr. Krietor and the Planning and Development
Services Department.

ITEM 44 DISTRICT 7 RESOLUTION 20948 -


ABANDONMENT OF RIGHT-OF-
WAY - V-020066A

Request to abandon the following right-of-way as the area is being replatted.

On December 11, 2002, the Abandonment Hearing Officer considered the


application of Mr. Behrouz Fathali of the City of Phoenix Water Services
Department to abandon a portion of the 83rd Avenue right-of-way south of the
Roeser Road alignment, adjacent to the parcel identified as Assessor Parcel
Number 104-69-005, to the southern boundary of the parcel addressed as
5216 South 83rd Avenue.

The Hearing Officer recommended approval of the adoption of the abandonment,


subject to stipulations which have been satisfied.

Final Plat 090008 under the name of 91st Avenue Wastewater Treatment Plant is
to be recorded concurrently with this resolution.

The resolution of abandonment and the subdivision plat 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. Recording in this manner will satisfy the
stipulation to record concurrently.

Pursuant to Phoenix City Code, Article 5, Section 31-64(e), the City


acknowledges the public benefit received by the generation of additional revenue
from the private tax rolls; by the elimination of third party general liability claims
against the City, maintenance expenses, and undesirable traffic patterns; and by
replatting of the area with new/alternate roadways and new development, as
sufficient and appropriate consideration in this matter.

Following established review procedures, no objections to the Hearing Officer’s


recommendation have been received from City Council or other parties.

This item is recommended by Mr. Krietor and the Planning and Development
Services Department.

12/15/2010 - 81 -
NEW BUSINESS

ITEM 45 CITYWIDE REQUEST TO ISSUE


TERMINAL ADVERTISING
CONCESSION RFP

Request to authorize the City Manager, or his designee, to authorize the Aviation
Department (Aviation) to issue a Request for Proposals (RFP) for Terminal
Advertising Concessions.

Aviation currently contracts with Clear Channel Airports for the terminal
advertising concession at Phoenix Sky Harbor International Airport (PHX). The
contract began in February 1999 with a five-year term with one, five-year
extension option and generated $2.8 million in revenue to the City in 2009. The
current advertising concession contract expired in February 2010 and continues
on a month-to-month basis until the successful proposer to this RFP completes
installation of its equipment.

The Terminal Advertising Concession includes advertising locations within the


interiors of all Deer Valley Airport, Goodyear Airport, and PHX terminals, the
Rental Car Center, and PHX Sky Train stations. The advertising concession will
include a variety of advertising types which may include wall displays, digital
displays, and marketing income opportunities.

Each RFP response must propose a minimum annual guaranteed rent (MAG)
and an initial minimum capital investment of at least $1.8 million with a midterm
investment of at least $500,000. The following business terms and conditions
would also be included:

y The lease term shall be seven years, with one, three-year renewal option to
be exercised at the discretion of the Aviation Director.

y The successful proposer shall pay the greater of the MAG or 65 percent of
gross sales, with the exception of digital advertising, for which the percentage
rent is 50 percent of gross sales.

y After the first year, the MAG shall be adjusted based upon 85 percent of the
prior year’s annual rent payment or 100 percent of the first year’s MAG,
whichever is greater.

Selection criteria for the Terminal Advertising Concession proposals will be:

Proposed MAG 0-40 Points


Advertising Display Program 0-25 Points
Business, Marketing, and Operations Plans 0-20 Points
Qualifications and Experience of Proposer 0-15 Points

12/15/2010 - 82 -
Employment Impact
No employment impact.

This RFP will include the Airport Contracting Policy and Aviation’s Outreach
Requirements for Airport Concessions Contracts.

The Phoenix Aviation Advisory Board recommended approval of this item on


November 18, 2010.

This item is also recommended by Mr. Krietor and the Aviation Department.

ITEM 46 CITYWIDE NOTICE OF INTENT FOR


CONSIDERATION TO
INCREASE WATER RATES
AND SET A PUBLIC HEARING
DATE ON THE PROPOSED
INCREASES

Request approval, in accordance with Arizona Revised Statutes 9-499.15 and


9-511.01, to set a public hearing for consideration to maintain the wastewater
rate revenues and to increase water rate revenues. The Finance Department, in
conjunction with the Water Services Department, developed the five-year
Wastewater and Water Financial Plans based on the operating budget, new debt
service, and the operating and maintenance cost associated with the Five-Year
Water Capital Improvement Program (CIP). As identified in the Financial Plans,
wastewater rate revenues were maintained without an increase in Fiscal Year
2010-2011 and a water rate revenues increase of 7.0 percent was identified for
March 2011. This rate increase will produce $22.9 million additional revenues in
the first full-year. Future wastewater and water rate increases will be necessary
to fund the total CIP. This rate increase is being recommended to cover
additional debt service for existing and future bond sales and annual operating
and maintenance cost related to Safe Drinking Water Act compliance.

The Notice of Intent is to consider an increase in water rate revenues by


7.0 percent through an increase in the water seasonal volume charges and the
environmental charge. The combined forecasted water and wastewater rate
revenues will increase 4.4 percent in the first full-year. The combined rate
increase is 2.2 percent lower than last year’s forecast. This is due to the deferral
of capital projects that support growth, additional revenues from sale of effluent
from the 91st Avenue wastewater treatment plant, implementation of late fees,
the sale of excess land, reductions in operating and maintenance cost, savings
from refinancing existing debt, and lower than anticipated borrowing costs.

12/15/2010 - 83 -
There are no proposed increases to wastewater rates or the water fixed monthly
service charges. The proposed increase in water revenues will be applied to the
water volume charges and the environmental charge. The seasonal volume
charges are proposed to increase by $0.26 per hundred cubic foot (ccf) and the
environmental charge by $0.02 per ccf. One ccf is equal to 748 gallons. The
service charge includes 6 ccf of water in the October through May period and
10 ccf in the June through September period. This would translate into an
average water/wastewater bill increase of $2.21 for a typical single-family
customer. Depending upon the actual amount of consumption, some customers
may pay more or less than this average.

Customers located outside the City of Phoenix, except metered service


connections within the Town of Paradise Valley, will have increased charges
1.5 times greater than those referred to above.

Information detailing the proposed increases to the water rates, Financial Plans,
and the Five-Year Water Capital Improvement Program are available to the
public in the City of Phoenix, City Clerk Department located at 200 West
Washington Street, 15th Floor during normal business hours. Additional
information can be found on the City of Phoenix website:
http://phoenix.gov/citygovernment/codes/notices/index.html.

The City Council sets January 19, 2011, at 3:00 p.m. in the City Council
Chambers, 200 West Jefferson Street, as the time and place for the public
hearing date to receive comments on the water rate increase proposal.

This item is recommended by Mr. Cavazos, Mr. Miller, and the Finance
Department.

ITEM 47 CITYWIDE RFA 04-017J - COMPUTER


HARDWARE UNDER WESTERN
STATES CONTRACTING
ALLIANCE - REQUIREMENTS
CONTRACT

Request to authorize the City Manager to amend the agreement with Hewlett
Packard.

Information Technology Services would like to acquire computer hardware to


support two projects: 1) implementation of Splunk monitoring project in support
of PCI compliance, and 2) upgrading the AVST voice mail system. The
equipment is available under the Western States Contracting Alliance contract
(Agreement B27164).

12/15/2010 - 84 -
Financial Impact
The cost of the hardware is $80,081. Funds are available in the Information
Technology Services Department’s Operating budget.

Employment Impact
It is estimated that this amendment will create one private sector job.

Affirmative Action
The subject firm is eligible to do business with the City of Phoenix until
September 11, 2011, by its compliance with the affirmative action requirements
of the City Code, Chapter 18, Article IV or V. This firm is responsible for
maintaining its eligibility during the life of the contract and failure to do so may
result in termination of the contract.

This request is made by the Deputy Finance Director and the Chief Information
Officer.

This item is also recommended by Ms. Takata.

ITEM 48 CITYWIDE RFA 07-021C, RFA 07-017D,


AND EPS050059 - ALTERNATE
INFORMATION TECHNOLOGY
OPERATIONS CENTER

Request authorization to procure necessary infrastructure hardware from Qwest


Communications, Corp. (RFA 07-021C; Agreement P-8226-09) and software
from Dell, Inc. (RFA 07-017D; Agreement P-8216-08) utilizing existing City of
Phoenix requirements contracts, and to procure disk storage and hardware from
Virtual Enterprises, Inc., dba Advanced Systems Group, by using a State of
Arizona contract (EPS050059-A4-3-A7).

On June 16, 2010, Ordinance S-37176 authorized a lease with Phoenix


One, LLC, for the City of Phoenix to lease space at the Phoenix One data center
in order to provide an alternate data center site needed to provide continuing
operations in the event the current data center were to be compromised. The
initial lease includes data center floor space, conditioned power and cooling,
blended Internet access, and office space, for ten years with options for multiple
one-year extensions with both parties’ agreement.

This request allows the city to acquire the necessary equipment needed to make
the alternate data center site functional to provide continuing operations in both
data center locations.

12/15/2010 - 85 -
Financial Impact
Funds are available in the Information Technology Services Department’s Capital
Improvement Program budget using 2006 Bond funds (which were approved
during the 2006 Bond Reprioritization Process) and associated enterprise
department funds.

Estimated Annual
Fiscal Year Expenditure
2010-2011 $2,000,000
2011-2012 $ 950,000
2012-2013 $ 400,000
2013-2014 $ 400,000

The City will continue to renew licenses and maintenance services for each
respective contract if in the City’s best interest to do so.

Employment Impact
The estimated number of private jobs created is 42.

Affirmative Action
The subject firms are eligible to do business with the City of Phoenix until
November 16, 2011, July 31, 2011, and June 27, 2012, respectively, by their
compliance with the affirmative action requirements of the City Code, Chapter 18,
Article V. These firms are responsible for maintaining their eligibility during the
life of the contract and failure to do so may result in termination of the contract.

This item is recommended by the Deputy Finance Director and the Chief
Information Officer.

This item is also recommended by Ms. Takata.

ITEM 49 CITYWIDE IFB 10-038A - EXTERIOR


PAINTING OF HOUSING
DEPARTMENT COMPLEXES -
FEDERALLY FUNDED

Request authorization to amend Agreement 127419 with Clark’s


Maintenance, LLC, Phoenix, Arizona, approved by City Council on November 18,
2009, by adding encapsulation to the original exterior painting projects for the
Housing Department. The total expenditure for the encapsulation is
approximately $80,229.69, plus tax.

This addition is required to provide and apply an encapsulating product to the


existing paint that tested positive for lead. The product selected meets
Environmental Protection Agency and the U.S. Department of Housing and
Urban Development requirements for encapsulation of lead based paint.

12/15/2010 - 86 -
It is estimated that this contract addition will create 0.9 private sector jobs.

The subject firm is eligible to do business with the City of Phoenix until
November 28, 2012, by its compliance with the affirmative action requirements of
the City Code, Chapter 18, Article IV or V. The firm is responsible for maintaining
its eligibility during the life of the contract and failure to do so may result in
termination of the contract.

This item is recommended by the Deputy Finance Director and the Deputy
Housing Director.

This item is also recommended by Mr. Miller.

ITEM 50 CITYWIDE NATIONAL IPA 073103A


PANASONIC TOUGHBOOK,
ACCESSORIES, AND SERVICE
REQUIREMENTS CONTRACT

Request to authorize the City Manager to amend the National IPA Panasonic
Toughbook, Accessories, and Service contract, Agreements P-9181-11 and
P-9182-11, with PCS Mobile, Inc., Phoenix, Arizona; and Mobile Concepts
Technology, LLC, Phoenix, Arizona. These contracts were originally approved
by City Council action on July 7, 2010. The Fire Department is interested in
using these two contracts and has requested an amount of $2,407,306 to be
added to the contracts. This will allow the Fire Department to purchase
equipment in Fiscal Years 2010-2011 ($1,207,346) and 2011-2012 ($1,200,000).
The purchase of these 140 Toughbook units is approximately 20 percent of their
total existing units and puts the Fire Department on a five-year replacement
cycle.

Financial Impact
The estimated annual cost, excluding tax, is approximately $1,200,000 based on
projected needs. Actual usage may be higher or lower depending on need and
budgeted funds. Funds are available in the Fire Department’s budget.

Employment Impact
The estimated number of private sector jobs created by this contract is
approximately 27.

Provisions of the agreement include an option to extend the contract up to


two additional years, in one-year increments, which will be exercised by staff if
considered in the City’s best interest to do so.

12/15/2010 - 87 -
Affirmative Action
The subject firms are eligible to do business with the City of Phoenix until
June 21, 2012, and January 20, 2011, by their compliance with the affirmative
action requirements of the City Code, Chapter 18, Article IV or V. The firms are
responsible for maintaining their eligibility during the life of the contract and
failure to do so may result in termination of the contract.

This request is made by the Deputy Finance Director and the Fire Chief.

This item is also recommended by Mr. Krietor.

ITEM 51 CITYWIDE LITIGATION AGAINST


CONTRACTORS FOR
DEMOLITION DEBRIS
REMOVAL

Request to authorize the City Attorney to file litigation against Contractors


Abatement Services, Inc.; ARCH Insurance Company; and MAM Wealth
Management, Inc. to remove demolition debris at site of former Qwest Building,
Third Street and Earll in Phoenix.

This item is recommended by Mr. Cavazos and the Law Department.

ITEM 52 CITYWIDE IGA WITH REGIONAL PUBLIC


TRANSPORTATION
AUTHORITY FOR PURCHASED
SERVICE

Request to authorize the City Manager, or his designee, to enter into an


Intergovernmental Agreement (IGA) with the Regional Public Transportation
Authority (RPTA) in which the City of Phoenix will purchase transit service on
Routes 30, 45, 56, 61, and 77. The IGA will be in effect from July 1, 2011 -
June 30, 2016.

The RPTA is to provide the level of service for Fiscal Year 2011-2012 as
indicated below:

12/15/2010 - 88 -
Estimated Annual
Route Miles Estimated Cost/Mile Total Cost
30 - University 128,067.1 5.236 $ 670,559
45 - Broadway 266,975.8 5.236 $1,397,885
56 - Priest 136,241.6 5.846 $ 796,468
61 - Southern 302,630.4 5.236 $1,584,573
77 - Baseline 208,977.3 5.846 $1,221,681
Total 1,042,892.2 $5,671,167
Estimated Credits ($1,141,214)
Estimated Net Cost $4,529,953

At the end of the fiscal year, the RPTA will reconcile the actual miles operated
and the fare revenue collected. The incremental difference between the estimate
and the actual will be communicated to the City through a credit memo or invoice
from the RPTA.

Employment Impact
It is estimated that this contract will create 50 private sector jobs.

Financial Impact
Gross estimated cost for service provided by the RPTA is $5,671,167. Estimated
fare revenue and other credits total $1,141,214. The City of Phoenix will pay the
RPTA an estimated net amount of $4,529,953 for this fixed route bus service.
Funds for this service are available in the Public Transit Department’s Operating
budget in the Transit 2000 Fund.

This item is recommended by Ms. Morris and the Public Transit Department.

ITEM 53 CITYWIDE AMEND AGREEMENT 127377


WITH THE CITY OF GLENDALE

Request to authorize the City Manager, or his designee, to amend


Agreement 127377 for Fiscal Year 2010-2011 fixed route service the City of
Glendale purchases from the City of Phoenix.

This agreement was originally approved by City Council on May 20, 2009.

Agreement 127377 is being amended to reflect a decrease in funding for the City
of Glendale’s portion of Route 59. Additional funds will be available to pay the
remaining costs for this route from the Regional Public Transportation Authority
(RPTA). RPTA will fund 38,403 miles of Route 59 and the remaining portion will
be billed to the City of Glendale.

12/15/2010 - 89 -
In addition, one trip per weekday will be added to route 186.

Employment Impact
No jobs will be created or retained with these funds.

Financial Impact
There is no financial impact to the City of Phoenix. The change in funding will
reduce Glendale’s contracts by approximately $158,000. The revised estimated
annual fixed route miles for Fiscal Year 2010-2011 including this amendment will
be 750,327.

This item is recommended by Ms. Morris and the Public Transit Department.

ITEM 54 CITYWIDE TRANSIT BUS SERVICE


CHANGES

Request to authorize the City Manager, or his designee, to implement the transit
bus service changes described below, with an implementation date of
January 24, 2011.

The bus service changes are to: extend I-17 RAPID commuter service north to
the I-17/Happy Valley Road Park-and-Ride; eliminate I-17 RAPID service to the
Deer Valley Community Center (located at 19th Avenue/Utopia); eliminate
three commuter express routes (570, 582, and 590); increase the number of I-17
RAPID trips to maintain capacity within the I-17 freeway corridor; reduce the
number of commuter express route 581 trips and shorten the route to end at
Metrocenter Transit Center; extend the Grand Avenue Limited (GAL) route to
provide service on Central Avenue from downtown Phoenix north to Camelback
Road; and the initiation of a new I-17 RAPID METRO-Light Rail link service. This
new I-17 RAPID connector service would shuttle passengers from park-and-ride
locations (Bell Road/I-17 park-and-ride and Metrocenter Transit Center) to the
METRO-Light Rail system at its 19th Avenue and Montebello transit center. The
modified routing of the Route 581, the extension of the GAL route, and the new
I-17 RAPID METRO-Light Rail link service would be operated on a 12-month trial
basis. After operating for 8 months, staff will evaluate productivity for the
changes and report back to the Transportation, Infrastructure, and Sustainability
Subcommittee.

These changes were approved by the Transportation, Infrastructure, and


Sustainability Subcommittee at its November 4, 2010, meeting. The changes are
being initiated primarily to service the new park-and-ride at Happy Valley Road
and I-17 scheduled to open for bus service in January 2011. The park-and-ride
is fully funded by the American Recovery and Reinvestment Act and staff
conducted research and public outreach to mitigate the operational costs
associated with the new park-and-ride.

12/15/2010 - 90 -
Employment Impact
No jobs will be created as a direct result of these changes.

Financial Impact
Through the changes above, the City of Phoenix will realize a savings in
operating costs of $131,000 in Fiscal Year 2010-2011 and an estimated
$295,000 savings on an annualized basis. These savings will be realized
through contract change orders with service providers and changes in
Proposition 400 funding allocations.

Public Notification
Staff presented this issue to the Citizens Transit Commission at its October 7,
2010, and November 4, 2010, meetings. Staff also presented this issue to the
Transportation, Infrastructure, and Sustainability Subcommittee at its October 7,
2010, and November 4, 2010, meetings. Staff also conducted five public
meetings, one public hearing, and a rider survey to solicit input regarding the
proposed bus service changes.

This item is recommended by Ms. Morris and the Public Transit Department.

ITEM 55 DISTRICT 3 PT03130001 - SOUTH TRANSIT


FACILITY REFURBISHMENT
STUDY

Request to authorize the City Manager, or his designee, to enter into an


agreement with Jacobs Engineering Group, Inc. to provide a comprehensive
refurbishment study of the South Transit Operating Facility located at 2225 West
Lower Buckeye Road. Services include, but are not limited to: functional
conditional assessment, programming, site master planning, and cost estimating.

The Engineer was chosen for this project using a qualifications-based selection
process as authorized by Section 34-603 of the Arizona Revised Statutes.
Based on this selection process, this firm was determined to be the most
qualified to provide the required services for this project.

Additionally, request to authorize the City Manager to take all action as may be
necessary or appropriate, and to execute all utilities-related 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. This authorization excludes any transaction involving an interest
in real property.

The Engineer’s fee shall not exceed $196,780, including all subconsultant and
allowable costs.

12/15/2010 - 91 -
Employment Impact
The estimated number of jobs created or retained is two.

Financial Impact
Funding for these services is available in the Public Transit Department’s Capital
Improvement Program budget using Transit 2000 and Federal Transit
Administration grant funds.

Affirmative Action
The subject firm is eligible to do business with the City of Phoenix through
June 27, 2011, by its compliance with the affirmative action requirements of the
City Code, Chapter 18, Article V. The firm is responsible for maintaining its
eligibility during the life of the contract and failure to do so may result in
termination of the contract.

DBE Report
The City of Phoenix has established that there is a 3.45 percent goal for the
utilization of Disadvantaged Business Enterprises (DBE) owned, operated, and
controlled by socially and economically disadvantaged individuals. The selected
firm has proposed an 11 percent DBE utilization goal for this contract.

This Council award is subject to execution of the agreement by all of the parties.

The Public Transit Department concurs with this request.

This item is also recommended by Ms. Morris and the Public Works Department.

ITEM 56 CITYWIDE SOILS AND MATERIALS


TESTING ON-CALL SERVICES
FOR CALENDAR YEAR 2011

Request to authorize the City Manager, or his designee, to enter into separate
agreements with 20 firms to provide on-call soils and materials testing services.
These services may include, but are not limited to: laboratory and field testing
analysis, preparation of reports on construction materials, and sampling. The
Design and Construction Management Division of the Street Transportation
Department will administer these contracts.

The following firms were chosen for this project using a qualifications-based
selection process authorized by Section 34-603 of the Arizona Revised Statutes.
Based on this selection process, the following 20 firms have been determined to
be qualified to provide the required services. Each contract will be established
with a $900,000 capacity, a one-year period of service, and an option to extend
the contract for an additional one-year period. The selected firms are as follows:

12/15/2010 - 92 -
ACS Services, LLC
Acura Engineering Arizona, LLC
Alpha Geotechnical & Materials, Inc.
AMEC Geomatrix, Inc.
ATC Associates, Inc.
The CK Group, Inc.
Foree & Vann, Inc.
Fugro Consultants, Inc.
Hoque & Associates, Inc.
Kleinfelder West, Inc.
MACTEC Engineering & Consulting, Inc.
MRM Construction Services, Inc.
Ninyo & Moore
Professional Services Industries, Inc.
Quality Testing, LLC
Ricker, Atkinson, McBee, Morman, & Associates, Inc.
Speedie & Associates, Inc.
Terracon Consultants, Inc.
Western Technologies, Inc.
Wilcox Professional Services, Inc.

Employment Impact
If all funds are expended, the estimated number of jobs created or retained is
200.

Financial Impact
Funds are available in various Capital Improvement Program projects from each
City department utilizing these services. Compensation is in accordance with a
fee schedule approved by the City.

Affirmative Action
The subject firms are eligible to do business with the City of Phoenix by their
compliance with the affirmative action requirements of the City Code, Chapter 18,
Article V. Each firm is responsible for maintaining its eligibility during the life of
the contract and failure to do so may result in termination of the contract. The
firms and their respective affirmative action expiration dates are as follows:

12/15/2010 - 93 -
ACS Services, LLC 2/23/2011
Acura Engineering Arizona, LLC 4/14/2012
Alpha Geotechnical & Materials, Inc. 7/17/2011
AMEC Geomatrix, Inc. 1/27/2012
ATC Associates, Inc. 2/22/2011
The CK Group, Inc. 3/25/2011
Foree & Vann, Inc. 1/09/2012
Fugro Consultants, Inc. 9/05/2011
Hoque & Associates, Inc. 9/30/2011
Kleinfelder West, Inc. 4/10/2011
MACTEC Engineering & Consulting, Inc. 7/28/2011
MRM Construction Services, Inc. 6/23/2011
Ninyo & Moore 5/04/2011
Professional Services Industries, Inc. 7/01/2012
Quality Testing, LLC 9/15/2011
Ricker, Atkinson, McBee, Morman, & Associates, Inc. 2/27/2011
Speedie & Associates, Inc. 6/17/2011
Terracon Consultants, Inc. 2/27/2011
Western Technologies, Inc. 4/26/2011
Wilcox Professional Services, Inc. 2/02/2011

This Council award is subject to execution of the agreement by all of the parties.

The Street Transportation Department concurs with this request.

This item is also recommended by Mr. Naimark and the Public Works
Department.

ITEM 57 DISTRICT 7 ST85100145 - DESIGN AND


CONSTRUCTION SERVICES
AGREEMENT WITH SRP -
LOWER BUCKEYE ROAD -
43RD TO 35TH AVENUES

Request to authorize the City Manager, or his designee, to enter into a design
and construction services agreement with Salt River Project (SRP). The purpose
of this agreement is to allow for the design and construction of 12KV electrical
facilities associated with City of Phoenix project ST85100145: Lower Buckeye
Road – 43rd Avenue to 35th Avenue.

12/15/2010 - 94 -
Employment Impact
The estimated number of jobs to be created or retained is .29.

Financial Impact
Funding for this agreement in the amount of $26,557 is available through the
Street Transportation Department’s Arizona Highway User Revenue.

Citizen Notification
No citizen notification is required.

This item is recommended by Mr. Naimark and the Street Transportation


Department.

ITEM 58 DISTRICT 7 FINAL PLAT - 91ST AVENUE


WASTEWATER TREATMENT
PLANT - 090008

The following final plat has been reviewed by the Planning and Development
Services Department in accordance with the provisions of Section 32-21 of the
Phoenix City Code of the City of Phoenix, and was approved on November 29,
2010:

Plat 090008
Project 01-1436
Name of Plat: 91st Avenue Wastewater Treatment Plant
A One-Lot Commercial Plat
Generally located at the southeast corner of 91st Avenue and Roeser Road

Owner(s): City of Phoenix


Engineer(s): Engineering Alliance

It is recommended 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 V-020066A.

This item is recommended by Mr. Krietor and the Planning and Development
Services Department.

12/15/2010 - 95 -
ITEM 59 DISTRICT 8 FINAL PLAT - HYDE
PROPERTY - 100043

The following final plat has been reviewed by the Planning and Development
Services Department in accordance with the provisions of Section 32-21 of the
Phoenix City Code of the City of Phoenix, and was approved on November 29,
2010:

Plat 100043
Project 06-620
Name of Plat: Hyde Property
A One-Lot Commercial Plat
Generally located at 1705 East Van Buren Street, Phoenix, Arizona

Owner(s): Hyde Family Survivor's Trust and Descendents Trust


Engineer(s): ECD - Civil

It is recommended 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 item is recommended by Mr. Krietor and the Planning and Development
Services Department.

REPORTS FROM CITY MANAGER, COMMITTEES, OR CITY OFFICIALS

Upon request, the City Clerk Department will make this publication available
through appropriate auxiliary aids or services to accommodate an individual with
a disability by calling the Council Support Section, 602-256-3186; faxing a
request to 602-495-5847; or calling TTY number 602-534-2737.

12/15/2010 - 96 -

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