invocation pledge - city of phoenix, az · appoint tom milton as recommended by mr. mattox. ......

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December 14, 2011

The Phoenix City Council convened in formal session on Wednesday, December 14, 2011, at 3:00 p.m. in the Council Chambers.

INVOCATION The invocation was given by The Very Reverend Nicholas Knisely, Trinity

Episcopal Cathedral.

PLEDGE The Pledge of Allegiance to the Flag was led by Villa Montessori student,

Jonathon.

ROLL CALL

Present: Council Members Sal DiCiccio, *Bill Gates, *Michael Johnson, Claude Mattox, Michael Nowakowski, Tom Simplot, Jim Waring, and Mayor Phil Gordon

Absent: Vice Mayor Thelda Williams Also Present:

City Manager David Cavazos, City Attorney Gary Verburg, City Clerk Cris Meyer, Acting City Clerk Elizabeth Martin Parker, and Human Resources Director Janet Smith

*Mr. Gates arrived in the Council Chambers and joined the voting body after

the November 16, 2011 minutes were acted upon. *Mr. Johnson arrived in the Council Chambers and joined the voting body

after the appointments and reappointments to the boards and commissions.

MINUTES OF MEETINGS The minutes of this meeting were submitted to Mr. DiCiccio for review.

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MOTION was made by Mr. Simplot, SECONDED by Mr. Nowakowski, to continue the November 16, 2011, formal City Council minutes to January 4, 2011, at 3:00 p.m. MOTION CARRIED UNANIMOUSLY.

Mr. Gates arrived in the Council chambers and joined the voting body. Mayor Gordon acknowledged the presence of Marleny Orellana, a Spanish

interpreter. In Spanish, Ms. Orellana announced her availability to the audience.

BOARDS AND COMMISSIONS MOTION was made by Mr. Nowakowski, SECONDED by Mr. Simplot, that

the following appointments/reappointments to the Boards and Commissions be approved, noting Sonya Pastor LaSota, Development Process Ad Hoc Task Force, be withdrawn:

Mr. Johnson arrived in the Council Chambers and joined the voting body Mayor Gordon noted for the record Pastor Sonya LaSota declined to serve.

Camelback East Village Planning Committee ● Reappoint Jake Logan for a term to expire November 19, 2012.

Development Process Ad Hoc Task Force

● Appoint Jennifer Cameron as recommended by Mrs. Williams.

● Appoint Larry Contreras as recommended by Planning and Development Director Debra Stark.

● Appoint Craig DeMarco as recommended by Mr. DiCiccio.

● Appoint Michael Fisher as recommended by Mrs. Williams.

● Appoint David Fraley as recommended by Mrs. Williams.

● Appoint Sheila Gerry as recommended by Mrs. Williams.

● Appoint Sue Glawe as recommended by Mrs. Williams.

● Appoint David Haddad as recommended by Mrs. Williams.

● Appoint Tom Jenney as recommended by Mr. DiCiccio.

● Appoint Justin Johnson as recommended by Mrs. Williams.

● Appoint Samantha Keating as recommended by Mrs. Williams.

● Appoint Gordon Keig as recommended by Mr. DiCiccio.

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December 14, 2011

● Appoint JT Kutowski as recommended by Mrs. Williams.

● Appoint Bobbi Magdaleno as recommended by Mrs. Williams.

● Appoint Mel Martin as recommended by Mrs. Williams.

● Appoint Clarence McAllister as recommended by Mr. Johnson.

● Appoint Brian McNamara as recommended by Mr. Gates.

● Appoint Tom Milton as recommended by Mr. Mattox.

● Appoint Sonya Pastor La Sota as recommended by Mr. DiCiccio.

● Appoint Joni Petty as recommended by Mrs. Williams.

● Appoint Doug Pilcher as recommended by Mrs. Williams.

● Appoint James Sasser as recommended by Mr. DiCiccio.

● Appoint Dave Siebert as recommended by Mrs. Williams.

● Appoint Louis Snow as recommended by Mrs. Williams.

● Appoint Marcia Veidmark as recommended by Mr. Gates.

● Appoint Feliciano Vera as recommended by Mr. Nowakowski.

● Appoint Trevor Wilson as recommended by Mrs. Williams.

● Appoint Meg Wuebbles-Leal as recommended by Mrs. Williams.

● Appoint Greg Yost as recommended by Mrs. Williams.

● Appoint Sara Zappia as recommended by Mrs. Williams.

Development Advisory Board ● Appoint Rick Bartee to replace Bobby Ruiz, for a term to expire July 1,

2012.

Historic Preservation Commission ● Appoint Bill Scheel to replace Byron Sampson, for a term to expire

October 19, 2014. North Mountain Village Planning Committee ● Reappointment Jim Larson for a term to expire November 19, 2013.

Paradise Valley Village Planning Committee ● Appoint Jerry Cobb to replace Craig James, for a term to expire

November 19, 2013.

MOTION CARRIED UNANIMOUSLY.

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Mayor Gordon administered the oath of office to Rick Bartee, Development Advisory Board; Jerry Cobb, Paradise Valley Village Planning Committee; and Joe Anderson, Phoenix Aviation Advisory Board.

Mayor Gordon invited the newly appointed board and commission members

to approach the dais, allowing the Council to extend their congratulations. Mayor Gordon acknowledged Mr. Joe Anderson, Phoenix Aviation Advisory

Board, as the first pilot in the history of Phoenix to have been appointed to the Phoenix Aviation Advisory Board.

LIQUOR LICENSE APPLICATIONS MOTION was made by Mr. Nowakowski, SECONDED by Mr. Simplot, that

Items 1 through 7, except Items 2 and 6, be recommended for approval. MOTION CARRIED UNANIMOUSLY.

ITEM 1 DISTRICT 4 LIQUOR LICENSE

APPLICATION - SABACA BEVERAGE GROUP-ARIZONA, INC.

The Council heard request for a Series 4, Wholesaler, liquor license in an

area zoned IND PK. Arizona State Application 04077020.

Applicant: Tammy New, Agent Sabaca Beverage Group-Arizona, Inc. 3143 West Lewis Avenue

The following information was submitted for Council consideration of this application: Application Description This request was for a new Series 4 liquor license for a wholesaler. This location was not previously licensed for liquor sales and did not have an interim permit.

Public Opinion No petitions or protests were received.

Applicant’s Statement The applicant submitted the following statement in support of this application. Spelling, grammar, and punctuation in the statement are shown exactly aswritten by the applicant on the City Questionnaire:

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● I have the capability, qualifications, and reliability to hold a liquor license

because: “We are currently wholesalers in wine and liquor actively in the States of Illinois and New Jersey. We have years of experience in thewholesale industry and look forward to continued growth.”

Staff Recommendation Staff recommended approval of this application. ITEM 3 DISTRICT 6 LIQUOR LICENSE

APPLICATION - MY WINE CELLAR

The Council heard request for a Series 7, On Sale-Beer and Wine, liquor

license in an area zoned C-1. Arizona State Application 07070141.

Applicant: Zoya Vora-Shah, Agent My Wine Cellar 5030 East Warner Road, Suites 1 and 2

The following information was submitted for Council consideration of this application: Application Description This request was for an ownership transfer of a Series 7 liquor license from Simm Wines, LLC to Choya Wines, LLC for a bar. This location was previously licensed for liquor sales and was currently operating with an interim permit.


Applicant’s Statement The applicant submitted the following statement in support of this application. Spelling, grammar, and punctuation in the statement are shown exactly as written by the applicant on the City Questionnaire: ● I have the capability, reliability, and qualifications to hold a liquor license

because: “I have been in restaurant & wine industry for 18 years - owning a wine bar and bistro has been my dream for years now. I have completed DLLC training and am aware of law concerning food & liquor handling & safety. I have been a upstanding citizen all my life. My knowledge of the business qualifies me to own a place as “My Wine Cellar”.

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Staff Recommendation Staff recommended approval of this application.


APPLICATION - SPECIAL EVENT - ROSSON-HOUSE HERITAGE SQUARE FOUNDATION AND GUILD

The Council heard request for the following application for a Special Event

liquor license for temporary sale of all liquors. There were no departmental objections and no protests.

District Applicant Name and Address Event Information

8

Thomas Walsh Rosson-House Heritage Square Foundation and Guild 113 North 6th Street (Rock and Roll Marathon)

Event Location: 1 West Washington Street Day/Date/Time: Friday, January 13, 2012 5:00 p.m. to 11:00 p.m. Total Expected Attendance: 1,500

Staff Recommendation – Staff recommended approval of this application. The above information was submitted for Council consideration of this

application.

ITEM 5 DISTRICT 8 LIQUOR LICENSE APPLICATION - SPECIAL EVENT - SAINT SAVA SERBIAN ORTHODOX CHURCH

The Council heard request for the following application for a Special Event

liquor license for temporary sale of all liquors. There were no departmental objections and no protests.

District Applicant Name and Address Event Information

8

Jovan Kangrga Saint Sava Serbian Orthodox Church

Event Location: 4436 East McKinley Street

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District Applicant Name and Address Event Information 4436 East McKinley Street (Cultural Celebration)

Day/Date/Time: Saturday, January 7, 2012 7:00 p.m. to 1:00 a.m. Total Expected Attendance: 300

Staff Recommendation – Staff recommended approval of this application. The above information was submitted for Council consideration of this

application.

ITEM 7 DISTRICT 8 LIQUOR LICENSE APPLICATION - SKYWEST AIRLINES

The Council heard request for a Series 8, Conveyance License-Sale of all

Liquor on Board Planes and Trains, liquor license in an area zoned A-1 and A-2. Arizona State Application 08073015.

Applicant: Toivo Taavel, Agent

Skywest Airlines 3922 East Air Lane

The following information was submitted for Council consideration of this application: Application Description This request was for a new Series 8 liquor license for an airline. This location was not previously licensed for liquor sales and did not have an interim permit.


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:

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A. I have the capability, reliability, and qualifications to hold a liquor licensebecause: “Applicant holds liquor licenses in several other states and iscommitted to the responsible sale of alcoholic beverages. Managers and staff have been, or will be, trained in the techniques of alcohol sales andservice to assure proper sales to their guests.”

B. The public convenience requires and the best interest of the community willbe substantially served by the issuance of the liquor license because: “Applicant has operated a regional airline since 1972. Applicant contractswith major airline companies, averaging 1,700 flights per day. Applicant haspartnered with US Airways and would like to offer its guests alcoholic beverages as an incident to the snacks served in flight.”



APPLICATION - CIRCLE H BARBECUE

The Council heard request for a Series 12, Restaurant-All Liquor on

Premises, liquor license in an area zoned C-2. Arizona State Application 12078917.

Applicant: William Sandweg, Agent

Circle H Barbecue 730 West Camelback Road

The following information was submitted for Council consideration of this application: Application Description This request was for a new Series 12 liquor license for a restaurant. This location was not previously licensed for liquor sales and did not have an interim permit. The operation plan filed with the application showed the restaurant area seated 136 and the bar area seated 11.

Public Opinion One letter supporting the issuance of this license was received and on file in the Office of the City Clerk.

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The letter was from the Pasadena Neighborhood Association. They felt the public convenience and the best interests of the community would be served if this license was issued because the owners had renovated the establishment, were experienced in the restaurant industry, and provided a type of food that was not currently readily available in the area. Additionally, the owners made themselves available to address neighborhood concerns and were involved in the neighborhood’s ongoing revitalization efforts.

Applicant’s Statement The applicant submitted the following statement in support of this application.Spelling, grammar, and punctuation in the statement are shown exactly aswritten by the applicant on the City Questionnaire: A. I have the capability, reliability, and qualifications to hold a liquor license

because: “I have 23 years of restaurant experience, including 10 years ofmanagement in fully-licensed locations, including Oregano’s, T.G.I. Friday’sand Pizzeria Uno. We are aware of the responsibilities that accompany aliquor license and fully intend to uphold the law.”

B. The public convenience requires and the best interest of the community willbe substantially served by the issuance of the liquor license because: “My wife and I live in the neighborhood and operate a coffee house on Seventh Avenue. We have a unique ability to provide food and drink at a locationthat is helping revitalize this part of the Camelback corridor. We areresponding to a need in the community.”


Mr. Simplot believed the recommendation was for approval and questioned

whether Mr. Bill Sandweg, who submitted a speaker comment card, still wished to comment. In response to Mr. Simplot, Mr. Sandweg expressed his desire to comment after the Council voted.

MOTION was made by Mr. Simplot, SECONDED by Mr. Nowakowski, that

Item 2 be recommended for approval. MOTION CARRIED UNANIMOUSLY. Mayor Gordon stated the motion passed and expressed his congratulations. Mr. Bill Sandweg, Phoenix, Arizona, was the applicant and spoke in favor.

He thanked the Mayor and explained that approximately 12 years ago a number of concerned merchants on Seventh Avenue had gotten together as a result of their concerns with the blight and crime in the neighborhood. They approached

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then Councilman Phil Gordon and asked him for his support in forming a merchants association and help to revitalize the community. Presently, the Seventh Avenue Merchants Association in the Melrose District stood out as a role model for community partnerships and other neighborhoods. He thanked Mayor Gordon for his many years of support and wished him well in his future endeavors.

Mayor Gordon noted the Seventh Avenue Merchants Association was the

first commercial association in Phoenix due to the work of Mr. Simplot.

ITEM 6 DISTRICT 8 LIQUOR LICENSE APPLICATION - QUIKTRIP #1403

The Council heard request for a Series 10, Off Sale-Beer and Wine, liquor

license in an area zoned C-2 BAOD. Arizona State Application 10076214.

Applicant: Troy DeVos, Agent QuikTrip #1403 1550 East Baseline Road

The following information was submitted for Council consideration of this application: Application Description This request was for a new Series 10 liquor license for a convenience store that sold gas. This location was not previously licensed for liquor sales and did not have an interim permit. This business was currently under construction with plans to open in November 2012.


Applicant’s Statement The applicant submitted the following statement in support of this application.Spelling, grammar, and punctuation in the statement are shown exactly aswritten by the applicant on the City Questionnaire:

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A. I have the capability, reliability, and qualifications to hold a liquor licensebecause: “QuikTrip Corporation has been in the retail grocery & gasolinebusiness for more than forty (40) years. QuikTrip uses this experience,coupled with extensive alcohol retailing policies & procedures, as well as day to day management efforts to maintain strict compliance with localalcohol laws.”

B. The public convenience requires and the best interest of the community willbe substantially served by the issuance of the liquor license because: “This facility will offer to the general public goods & services in a format, and at alevel of quality not currently available at this location. Such goods &services will generally service the general public within 3.0 miles of thisfacility.”

Staff Recommendation Staff recommended approval of this application. If denied, the applicant would not continue operations without a liquor license and the previous owner would not resume ownership.

Mayor Gordon stated a number of speaker comment cards in opposition

and one in favor were submitted for Item 6 and he would allow the speakers two minutes each for their comments.

Mr. Charanjit Sahnan, Phoenix, Arizona, was the owner of the 16th Street

and Southern 7-Eleven Store, and spoke in opposition. He sold hard liquor, beer, and wine and had been at that location for approximately 20 years. There were other wine, and liquor stores around in the neighborhood and competition was tough. In addition, the neighborhood had a high crime rate. He observed crimes in front of his store and people hanging around after 3:00 a.m. and did not believe it was a good idea to approve additional liquor licenses in the area.

Mr. Sahnan confirmed for Mr. Johnson and Mayor Gordon he was the

owner of the 7-Eleven Store located on 16th Street and Southern. Mayor Gordon noted for the record the following speaker comment cards

were submitted in opposition, not to speak: Fahad Ahmad, Glendale, Arizona; Abdel Ghannam, Chandler, Arizona;

Martin L. Hall, Phoenix, Arizona; Arsalan Hanif, Mesa, Arizona; Usmon Hanif, Phoenix, Arizona; Naeem Khan, Mesa, Arizona; Javaid Lodhi, Phoenix, Arizona; Bob O’Neil, Mesa, Arizona; Jeff Pierrot, Phoenix, Arizona; Zain Raliman, Phoenix, Arizona; Harish Shah, Phoenix, Arizona; Varinderpal Singh; Avondale, Arizona; and Thomas Walsh, Gilbert, Arizona.

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Mr. Shahid Hanif, Phoenix, Arizona, spoke in opposition. He requested

additional time to read his comments to the Council. Mr. Hanif stated he was the owner of the Shell gas station and convenience

store located across the street from the proposed site of the new Quik Trip 1403. He had operated his store for many years and worked hard to make it successful. He found it more difficult each day to maintain the success of his business due to the poor economy. He cited an example of a small business located on the northwest corner of 16th Street and Baseline Road which he said closed due to the lack of business. He expressed concern approval of this license would affect his business and other businesses located on Baseline Road. QuikTrip Corp. presently had stores located on 40th Street and Baseline Road, 19th Avenue and Southern Avenue, and 35th Avenue and Baseline Road. He pointed out there were a number of liquor outlets within a one mile area radius and did not believe another liquor outlet was necessary.

Mr. Hanif stated a number of gas station convenience stores closed due to

a QuikTrip having opened a store across the street or down the block. He thought an example were stores located at Guadalupe and Power Road, and 35th Avenue and Glendale which closed down after QuikTrip Corp. built new stores in close proximity. He explained those stores had been in business a number of years and now the owners could not support their families.

Mr. Hanif presented a petition with 600 signatures from area residents who

were opposed to having another liquor license in the area. He expressed concern with the effect this would have on his business and his ability to support his family.

Small businesses were an important part of the community creating jobs

and Mr. Hanif noted that small business owners invested in the community unlike corporations like QuikTrip Corp. whose profits were sent elsewhere.

Mayor Gordon requested Mr. Hanif to summarize and explained the letter

would be entered into the record. Mr. Hanif noted he only had one page left.

Mr. Hanif belonged to the Arizona Business Owner Association and felt they would help each other to find a solution to succeed in these difficult times. He requested QuikTrip Corp. not open where businesses were already established. He understood there would always be competition; however, additional liquor licenses were not needed in the area. He thanked the Council and asked they not approve the liquor license application requested by QuikTrip 1403.

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Mr. Tyeus Spencer, Phoenix, Arizona, spoke in opposition as a customer of the Shell located on 16th Street and Baseline Road. He and his children had built a relationship with the individuals who worked at the Shell station. In addition, he felt there were enough stores which sold liquor in the area and believed something like a playground or basketball court should be at this location for the children in the neighborhood. He asked the store not be closed down.

Mr. Freman Satcherwhite, Phoenix, Arizona, spoke in opposition as a friend

of the owners. He thought a QuikTrip store would not be a good idea at this location. QuikTrip Corp. prices were not fair and their gas cost more. The owners of the Shell station were good people and he had known them a long time. He explained that his family would only purchase their gas from the Shell station. The Shell station had been at this location for many years and the owners also needed to support their families.

Mr. Johnson requested clarification of the statement Mr. Satcherwhite made concerning his having found prices were not fair and gas was higher at QuikTrip. Mr. Satcherwhite agreed that was correct.

Mr. Subhash Thathi, Phoenix, Arizona, owner of the Shell located on

Seventh Street and Roeser, spoke in opposition. He pointed out there were many in the audience in opposition. The issue with the QuikTrip Corp. was their predatory pricing. QuikTrip Corp. came into a neighborhood discounting their prices to close down the small businesses in the area. They could not compete with gas prices lower than what they paid for the gas. He did not feel closing down the small business owner would be a good thing for the City and requested QuikTrip Corp. agree to stop predatory pricing.

Mr. Charles Huellmantel, Phoenix, Arizona, represented the applicant,

QuickTrip, and wished to address the comments which had been brought up. He noted staff recommended support of this application as did the Chair of the South Mountain Village Planning Committee. Previous speakers had commented that QuikTrip Corp. prices were either too high or too low; however, he explained QuikTrip’s prices were competitive and they took pride in their stores. The arguments before the Council stressed the additional competition was not good; however, he pointed out this was what the American system was built on. He thought QuickTrip would bring a great store to an area that needed it. There was a significant need for a QuikTrip at that location and believed other stores providing the same quality of product, would thrive as well.

Mayor Gordon asked if the Council had questions.

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Mr. Johnson said he would comment on several things including the first

speaker who owned the 7-Eleven store at 16th Street and Southern Avenue. His comment concerned the owner’s statement regarding people generally hanging out there at 3:00 a.m. Mr. Johnson explained this was a problem store in the area and pointed out that kids did not hang out around every convenience store in the city until 3:00 a.m. The City had received complaints from citizens and the community concerning those activities at this store. Liquor enforcement had been called several times. In addition, there had been shootings, criminal, and gang activity which occurred in this parking lot. Mr. Johnson felt the owner had a responsibility for those who hung out in his parking lot and he thought this was one reason why this store had problems. The Circle K located across the street from the 7-Eleven, did not have those problems and the owners had handled their issues.

The Shell station, which had been located on the northwest corner of

16th Street and Baseline Road, did not close down as a result of there being too many stores in the area. Instead it closed down because of bad business. Mr. Johnson initially refused to agree to a liquor license at that location however, the owners of that store said they intended to turn the store into a market selling groceries and clothing. After obtaining the license, a check cashing stand was put in and the owners began selling drug paraphernalia.

With regards to the store located at 7th Street and Roeser Road,

Mr. Johnson explained he was familiar with the store due to the many complaints from South Mountain High School, parents, and residents concerning students hanging around during school hours. This store was also the location of the school bus stop.

QuikTrip was not the cause of some of those stores closing; instead

Mr. Johnson thought the reason concerned poor management. A QuikTrip would be good for this area and it had the support of the South Mountain Village Planning Committee. In addition, conflicting statements were made which indicated QuikTrip sold gas and merchandise cheaper, yet others testified the Shell prices were less. He supported small business and local business; however, he saw no reason to stop QuikTrip and noted they should also have opportunities.

MOTION was made by Mr. Johnson, SECONDED by Mr. Simplot, that Item 6 be recommended for approval.

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Mr. Subhash Thathi, Phoenix, Arizona, spoke to the previous comments.

He owned the store located on 7th Street and Roeser Road which Mr. Johnson referred to. He met with the principal of South Mountain High School as the bus stop was in the parking lot outside his business, and had employed three people to help him control the crowd. He did not feel responsible for this problem and disagreed with Mr. Johnson.

Mayor Gordon thought the point had been made and called for the question

and for a roll call vote.

Roll Call: Ayes: DiCiccio, Gates, Johnson, Mattox, Nowakowski, Simplot, Waring, and Mayor Gordon

Nays: None Absent: Vice Mayor Williams

MOTION CARRIED UNANIMOUSLY. Mayor Gordon noted the final decision would rest with the Arizona State

Liquor Board.

PETITIONS, COMMUNICATIONS, AND PUBLIC HEARINGS MOTION was made by Mr. Nowakowski, SECONDED by Mr. Simplot, that

Item 8 be granted per agenda recommendation. MOTION CARRIED UNANIMOUSLY.

ITEM 8 DISTRICTS 2, 5, AND 6 MODIFICATION OF

STIPULATION REQUESTS FOR RATIFICATION OF PLANNING HEARING OFFICER ACTIONS

The Council heard request to approve the Planning Hearing Officer’s

recommendations without further hearing by the City Council on matters heard by the Planning Hearing Officer on November 16, 2011.

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DISTRICT 2 31ST STREET AND

AIRE LIBRE LANE APPLICANT: CITY OF

PHOENIX PLANNING COMMISSION

OWNER: DEL QUEST LP/ADA DEL DUCA TR.

REPRESENTATIVE: CITY OF PHOENIX PLANNING AND DEVELOPMENT DEPARTMENT

A. Application: Z-51-01-2 Existing Zoning: R-3 (Approved C-3 and P-1) Acreage: 2.38 Location: Northeast corner of 31st Street and Aire Libre Lane Proposal: Administrative action to modify Stipulation 15 to extend

or remove the conditional time stipulation, or determine compliance with the schedule for development, or takelegislative action to revert the approved C-3 and P-1 zoning to its former R-3 zoning classification due to non-compliance with rezoning stipulations.

The Planning Hearing Officer recommended deletion of Stipulation 15, subject toan additional stipulation. The Paradise Valley Village Planning Committee did not review this request.

Stipulations General 1. That the development be in specific conformance to the colored version of

the site plan dated March 26, 2001, reflecting perimeter vehicle parkingand the outdoor storage of building materials with the P-1 being a minimum of 63 feet wide on the south and west sides.

2. That there shall be no additional signage located on the site with the

exception of internal directional signage.

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3. That any storage shall be no higher than 8 feet. Landscape 4. That a 20-foot landscape setback including 2-inch caliper size shade trees

spaced a maximum 20 feet on center or placed in equivalent groupings beprovided along the south and west property lines.

5. That a 10-foot landscape buffer including 2-inch caliper size shade trees

spaced a maximum 20 feet on center or placed in equivalent groupings beprovided along the interior of the north wall.

6. That in order to support the rezoning, landscape enhancements shall be

provided on the existing C-3 parcel along 32nd Street and Aire Libre Lanewith additional landscaping in the existing front 3-foot planting area and the corner planting area. Also, except at the existing driveways, install a6-foot landscape strip along 32nd Street and a 5-foot strip along Aire Librewith a masonry wall behind the landscaped strips, as approved by theDevelopment Services Department.

Walls 7. That a 6-foot decorative masonry screen wall be provided along the north

property line. 8. That a 6-foot decorative masonry screen wall be provided along the south

and west setback line. 9. That a line denoting the C-3 and P-1 zoning district boundary shall be

painted and maintained by the applicant. Circulation 10. That a 20-foot right-of-way radius shall be dedicated at the northeast

corner of 31st Street and Aire Libre Lane. 11. That the developer shall construct all streets within and adjacent to the

development with paving, curb, gutter, sidewalks except on Aire Libre,curb ramps, streetlights, landscaping, and other incidentals, as per plansapproved by the City. All improvements shall comply with all Americans with Disabilities Act accessibility standards.

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12. That Crime Prevention Through Environmental Design (CPTED) principles shall be used in the design and layout of this site, as recommended by theDevelopment Services Department.

13. That upon approval by City Council, the Paradise Valley Village Planning

Committee will be notified of any modifications of stipulations. Other 14. That the applicant shall combine the lots under single use and ownership

prior to final site plan approval. 15. The applicant has one (1) year within which to comply with the zoning

stipulations to vest the zoning. 15. THAT THE PROPERTY OWNER RECORD A NOTICE TO

PROSPECTIVE PURCHASERS OF PROXIMITY TO AIRPORT INORDER TO DISCLOSE THE EXISTANCE AND OPERATIONAL CHARACTERISTICS OF PHOENIX DEER VALLEY AIRPORT TOFUTURE OWNERS OR TENANTS OF THE PROPERTY.

DISTRICT 2 CAVE CREEK ROAD AND

LONE MOUNTAIN ROAD APPLICANT: D.R. HORTON,

INC. - HOLLY JAMES OWNER: WASHINGTON

FEDERAL SAVINGS - JOHN PIRTLE

REPRESENTATIVE: HELIX ENGINEERING - STEVE BOWSER

B. Application: Z-161-99-2 Existing Zoning: S-1 (Approved R1-18) Acreage: 11.97 Location: Northeast corner of Cave Creek Road and Lone

Mountain Road

Proposal: 1) Modification to Stipulation 1 regarding general conformance to the site plan dated January 5,2005.

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2) Deletion of Stipulation 2.a regarding theresidential lots fronting 48th Street.

3) Modification to Stipulation 2.d regarding the CaveCreek Road Scenic Corridor.

4) Deletion of Stipulation 3 regarding the right-of-way along 48th Street.

5) Deletion of Stipulation 9 regarding lots.

6) Modification to Stipulation 10 regarding the ScenicCorridor along Cave Creek Road.

7) Modification to Stipulation 11 regarding theabandonment of 48th Street right-of-way.

8) Modification to Stipulation 15 regarding nativeplant material.

9) Deletion of Stipulation 18 regarding buildingheights on the commercial portion.

10) Deletion of Stipulation 19 regarding buildingheights on the residential portion.

11) Deletion of Stipulation 24 regarding the residentiallots at the southeast corner of the site.

12) Deletion of Stipulation 25 regarding notification ofadjacent residents.

13) Technical corrections to Stipulations 7, 8, 13, 14, 22.j, 31, and 32.

The Planning Hearing Officer recommended denial as filed, approval withmodified stipulations. The Desert View Village Planning Committee reviewed this request onNovember 1, 2011, and recommended approval with modifications by an 8-0 vote. Stipulations 1. That the RESIDENTIAL development be in general conformance to the

site plan date stamped January 5, 2005 SEPTEMBER 28, 2011, and as approved or modified by the PLANNING AND Development ServicesDepartment with specific regard to lot sizes of Lots 6, 7, 13, 14, and 15 and a multi-use trail in the scenic corridor.

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2. That the project develop be in general conformance to the staff

recommended alternative with respect to the following: a. A maximum of three residential lots will be developed fronting

48th Street to the east. b. a. A 30-foot-wide landscaped buffer with the 2-inch caliper trees shall

be included on the south side of the commercial development. c. b. Wash A will be preserved in an undisturbed state with a "wet" "dry"

crossing for the internal local street. d. c. The Cave Creek Road Scenic Corridor will be provided in full

across the commercial frontage. Native vegetation will bepreserved in place except for the area designated as a driveway entrance. AREAS USED FOR DRAINAGE RETENTION SHALLBE REVEGETATED WITH NATIVE VEGETATION.

e. d. Driveway locations along Lone Mountain Road shall be as

approved by the City of Phoenix. 3. That right-of-way will be provided along 48th Street to enable existing

residents to the east to access their lots north of Lone Mountain Road,as approved by the Development Services Department.

4. 3. That rights-of-way be dedicated as follows: a. Lone Mountain Road provide 55 feet right-of-way for the north

1/2 street and 10-foot sidewalk easement; b. Cave Creek Road provide 55 feet right-of-way for the east

1/2 street and a 10-foot sidewalk easement; and c. A 21-foot by 21-foot right-of-way triangle at the northeast corner of

Lone Mountain and Cave Creek Roads. 5. 4. That the developer shall construct all streets 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 Americanswith Disabilities Act accessibility standards.

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6. 5. That the developer 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 ofthe Environmental Protection Agency for air quality standards.

7. 6. That a preliminary hydrology analysis be provided to the PLANNING

AND Development Services Department prior to submittal of a Preliminary Site Plan for both the residential and commercial portion ofthe overall site. Construction setbacks from Wash 'A', which is to bepreserved in an undisturbed state with the exception of a “dry” washcrossing, shall be based on Level I of the Arizona State StandardsSSA 296 and SSA 5-96, or that construction setbacks from Wash 'A' bea minimum of 50 feet from the outer edge of both sides of the bareunvegetated wash bottom, whichever is greater, as per the North LandUse Plan, dated June 1996. This area shall be defined as "permanentundisturbed open space" which is an area containing naturally occurringSonoran Desert vegetation and topographical features that have not been altered except to allow decomposed granite trails, vehicularcrossings, and/or utility easements as necessary. An additional setbackmay be required by the PLANNING AND Development ServicesDepartment to allow any utility easements or construction in order to maintain the area designated by Level I of the State Standards in anundisturbed condition.

8. 7. That Army Corps of Engineers jurisdictional waters will be determined

through the 404 Permitting process. The decision of the Corps will be presented to PLANNING AND Development Services Department plan review staff.

9. That lots contiguous and backing to residential to the east shall be a

minimum of 100 feet wide at the required setback line. 10. 8. That an average 205-foot scenic corridor (as measured from centerline)

SHALL be provided along Cave Creek Road: Guidelines as established by the Tatum Ranch PCD Scenic Corridor Standards shall be followedregarding development in and along the Cave Creek Road ScenicCorridor as approved by the Development Services Department WITH NATIVE VEGETATION CONSISTENT TO THE SCENIC CORRIDORPORTION ALONG CAVE CREEK ROAD AJACENT TO TATUMRANCH. AREAS USED FOR RETENTION SHALL BEREVEGETATED.

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11. 9. The abandonment of the 48th Street right-of-way shall be added to Lots 6, 7, 13, 14, and 15 as shown on the site plan dated January 5,2005, thereby increasing the depth of Lots 13, 14, and 15 to 207 feet.THE 48TH STREET NORTH OF LONE MOUNTAIN ROAD AND WESTOF THE SECTION LINE SHALL BE ABANDONED.

12. 10. That right-of-way for a bus bay be dedicated and constructed, along with

a transit pad, per standard detail P1257. 13. 11. That a landscape inventory be submitted prior to or concurrent with the

preliminary submittal and approved by the PLANNING AND Development Services Department landscape architect prior topreliminary site plan approval. Driveway and street access points shallbe located at existing disturbed areas along the Cave Creek RoadScenic Corridor. Specimen vegetation shall be identified and highlighted on the plans. Specimen vegetation is defined as a specimen tree with a10-inch or greater caliper width trunk or multi-trunk and is in good health. A specimen Saguaro has a height over 25 feet and/or with multiple arms or other unusual configuration that precludes salvage, yet is in goodhealth.

14. 12. That landscape salvage and revegetation plans be prepared, submitted,

and approved by the PLANNING AND Development ServicesDepartment landscape architect in coordination with the Preliminary and Final Site Plans for both residential and commercial development.

15. 13. That native plant material salvaged from the site is to be used on-site or

as may otherwise be allowed by the PLANNING AND DevelopmentServices Department landscape architect: Excess salvage plant material shall be made available at no charge to the Tatum RanchHomeowner's Association for the use of placing additional landscapingmaterial along the south side of Lone Mountain Road, between CaveCreek Road and the 48th Street Alignment. Excess salvage plantmaterials shall also be made available at no charge to the propertyowners located within the residential development located immediatelyeast of the subject site.

16. 14. That a homeowners association (HOA) shall be required for the

residential in the north portion of the overall site. The HOA shall beresponsible for maintenance of the undisturbed Wash 'A' and the CaveCreek Road Scenic Corridor. Maintenance shall refer to removal ofmanmade refuse and exotic plant material that may intrude into theundisturbed wash corridor and scenic corridor.

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17. 15. That landscaping material within both residential areas shall be selectedfrom Plant Lists A, B, and/or C of the Area C and D Zoning Guidelines Manual Draft dated September 1995. Plant material in front yards shallbe from Lists A and/or B. Turf may be located in rear yards within thebuilding envelope.

18. 16. That building heights on the commercial portion of the site shall be

limited to 24 feet, except for architectural embellishments. 19. 17. That building heights on the residential portion of the site shall be limited

to 22 feet with the exception that heights may increase to 28 feet on 35 percent of the main residential structure footprint square footage.

20. 18. That drive-through facilities shall not be allowed along the east side of

the commercial project within 200 feet of the adjacent residentially zonedproperty.

21. 19. That approval be conditioned upon the development of a drug store, day

care center, in-line shops, and/or non-drive-through restaurant, andwithin 24 months of final City Council approval in accordance withSection 506.13.1 of the Zoning Ordinance.

22. 20. That the site plan and architecture for the commercial center shall

address the following design issues. a. That the elevations shall be in general conformance to the elevations

submitted with this application and dated February 9, 2000. b. All mechanical equipment, service areas, and other service/

equipment areas shall be screened from view. c. Provide an architectural theme and identity for the center prior to

preliminary approval for the first commercial building. All buildingswithin the center shall use architectural treatment and detailing around all sides of the buildings. This is to include a mix of buildingmaterials and vertical and horizontal elements around each building.Rooftop treatments shall screen exposure of pipes and mechanicalequipment from view.

d. Landscaped, shade protected walkways are to be provided through

parking lots to the extent that a pedestrian is never more than150 feet from a shaded walkway. Trees along shaded walkways areto be of a canopy type and be able to provide shade within three years of planting and are to be maintained in a healthy condition.

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e. Landscaping and shade arcades shall be provided along building

lengths in areas where pedestrians will travel. A minimum of35 percent of the length of a building's elevations shall include landscaping maintained in a vigorous state of growth.

f. Pads and shops are to be clustered for more effective and efficient

pedestrian use on site. g. Incorporate focal points of architectural, artistic, or landscaping

significance into the site design. Focal points should be provided atthe end of main drives into the site.

h. Parking along Lone Mountain Road shall be screened through a

combination of walls, berms, and landscaping. i. Wash 'B' shall continue to flow through the Cave Creek Road Scenic

Corridor and shall resume a natural velocity prior to reaching 15 feetinto the scenic corridor entering the scenic corridor so that the sceniccorridor is not adversely affected.

j. Areas within the scenic corridor that are sparsely vegetated shall be

enhanced with mature plant material, hydroseed, or a combination ofboth, as recommended and approved by the PLANNING ANDDevelopment Services Department landscape architect.

k. Lighting within the parking lots shall be low level with pole heights no

higher than 12 feet, including the fixture, within 150 feet of adjacentexisting residential and 15 feet, including fixture, on the remainder ofthe commercial site. Wall-mounted lights shall be no higher than 12 feet, including the fixture. The light source will be shielded fromadjacent residential property view to prevent glare. Signage designwill be of the same type and design as signage for commercialdevelopment in Tatum Ranch PCD. Both signage and lighting shall comply with the Dark Sky Ordinance.

23. 21. Prior to any development, Comprehensive Design Guidelines will be

established, in conjunction with input from area residents, for the entirecommercial portion of the site. The Comprehensive Design Guidelines will address issues such as building design, building color, buildingorientation, site and building signage, landscaping, and on-site lighting. The comprehensive design guide will incorporate, to the extent possible,elements of the Tatum Ranch design guidelines.

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24. 22. That the residential lots at the southeast corner of the site 'facing' the48th Street alignment, shall be developed in general conformance to thefollowing requirements, except as may be modified by the City ofPhoenix:

a. All homes and buildings shall maintain a minimum front yard

setback of 65 feet. b. Subject to the abandonment of 48th Street; the abandon area shall

be dedicated to Lots 13, 14, and 15 to have a minimum width of 131 feet.

c. The lots that 'front' the 48th Street alignment shall be limited to

one story in height. d. The lot that is located at the southeast corner of the interior cul-de-

sac accessed from Cave Creek Road, and identified as the 4th lotnorth of Lone Mountain Road along the 48th Street alignment, shall have a width of approximately 220 feet as measured along theeastern property line.

e. Lots 13, 14, and 15 on the site plan dated January 5, 2005, shall

adopt deed restrictions (CC&R’s) that are the same as those of the residential lots located immediately to their east, and shallcontribute a proportionate share in the maintenance costs for theinterior private roadway.

f. a. The residential developer shall apply and process a request to

abandon the 33-foot right-of-way for 48th Street. Should the right-of-way for 48th Street be abandoned, THE RESIDENTIALDEVELOPER SHALL BE RESPONSIBLE FOR THE COST TODESIGN AND CONSTRUCT appropriate theme walls, gate, and landscaping will be placed at the entrance onto Lone MountainRoad, and the residential access to the lots along 48th Street shallbe through a private access easement. That the existing privateentrance off Lone Mountain Road that provides access to the lotslocated to the east of the subject site, and to the lots that front the 48th Street alignment, shall be gated in accordance with applicableCity of Phoenix and Maricopa County requirements, and inconjunction with the review and approval of the property ownersaccessing the private drive. Appropriate theme walls and landscaping will be placed at the entrance onto Lone MountainRoad. The cost of the gate, theme walls, and landscaping shall beborne by the developer of the residential development WITH

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STONE ACCENT COLUMNS, LANDSCAPING IN A TRACT APPROXIMATELY 10 FEET WIDE ON THE WEST SIDE OF48TH STREET, AND A LOW STONE ENTRY COLUMN FEATUREON BOTH SIDES OF THE PRIVATE ENTRANCE OFF LONEMOUNTAIN ROAD THAT PROVIDES ACCESS TO THE LOTSLOCATED TO THE EAST OF THE SUBJECT SITE (THE “48THSTREET PRIVATE DRIVE”). IN ADDITION, THE DEVELOPERWILL INSTALL A RIBBON CURB ALONG THE WEST SIDE OFTHE EXISTING 48TH STREET PRIVATE DRIVE FROM THEEXISTING RIBBON CURB END POINT ON THE NORTHWESTCORNER OF THE 48TH STREET PRIVATE DRIVE SOUTH TOLONE MOUNTAIN ROAD. THE DEVELOPER SHALL TIE IN TO THE CITY REQUIRED HALF STREET IMPROVEMENTS TOLONE MOUNTAIN ROAD ON THE WEST SIDE OF THE48TH STREET PRIVATE DRIVE. THE IMPROVEMENTS WILLBE COMPLETED IN CONJUCTION WITH THE IMPROVEMENTSTO LONE MOUNTAIN ROAD. Should the home owners and or Homeowners association that govern 48th Street private drive failto grant the necessary easements REQUIRED TO CONSTRUCTfor said improvements, then the required improvements shall notbe required of the residential developer.

g. The construction of the theme walls, gate and landscaping shall be

completed by January 19, 2006, and prior to final inspectionapproval of Lots 13, 14, and 15 as shown on the site plan datedJanuary 5, 2005.

h. Any new agreements which need to be created (i.e., gate,

roadway/access and common area maintenance cost sharingagreement) or changes/addendums to existing agreements are tobe approved by the Land Owners and completed by the residentialdeveloper.

25. That the PLANNING AND Development Services Department shall notify

all adjacent residents neighbors of all meetings, hearings, andPLANNING AND Development Services Department reviews, plus:specifically, the following persons are to be notified:

Faith Sussman/Richard Corton

P.O. Box 607 Cave Creek, AZ 85327

(Staff added names of those who attended this meeting and spoke or

indicated interest as listed below)

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Suzette Lafon, 31239 North 47th Place, Cave Creek, AZ 85331 480-502-

568 Shirley Hendricks, 31638 North Calle de Los Arboles, Cave Creek, AZ

85331 480-488-3700 Rich and Lisa Faul, 31515 North 48th Street, Cave Creek, AZ 85331

480-575-7210 Margaret C. Behrens, M.D., 4741 East Chaparosa Way, Cave Creek, AZ

85331 480-473-5039 Richard A. Koskela, 4741 East Chaparosa Way, Cave Creek, AZ 85331

480-473-5039 Mira Brown, 4616 East Chaparosa Way, Cave Creek, AZ 85331

480-585-2875 Bob Fisher, 31503 North 48th Street, Cave Creek, AZ 85331

480-575-8281 Tom S, Teinwinter, 4742 East Chaparosa Way, Cave Creek, AZ 85331

480-515-2887 Joe Pitasi, 4736 East Chaparosa Way, Cave Creek, AZ 85331 480-502-

5396 Eva Fowler, P.O. Box 7091, Cave Creek, AZ 85327 480-488-5941 26. 23. Landscaping along the Lone Mountain frontage of the commercial center

shall consist of a mix of 48-inch box trees (20%), 36-inch box trees (30%), and 24-inch box trees (50%). Salvaged ironwood trees are to beused within the Lone Mountain Road landscape area of the commercialcenter.

27. 24. Landscaping along the Lone Mountain frontage of the commercial center

shall utilize berming, mounding, and variation in grade where possible. 28. 25. The development of the commercial use directly at the corner of Lone

Mountain Road and Cave Creek Road shall generally conform with theconceptual elevations dated February 22, 2000. The use of windows that face Lone Mountain Road shall be clerestory-type windows.

29. 26. Attached building signage within the commercial center shall be

reversed pan channel back-lit signs with brushed metal or painted faces. 30. 27. The developer of the commercial center shall allow for the placement of

a sign indicating the location of a school bus stop adjacent to and alongLone Mountain Road.

31. 28. That the zoning requested under Application Z-161-99-2 shall not vest

until approval of a final site plan by the PLANNING AND Development

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Services Department for any phase or portion of the development. Priorto final site plan approval for a phase or portion of the development theunderlying zoning shall remain.

32. 29. Interior street lights required by the PLANNING AND Development

Services Department in the residential portions of the site shall follow thelow light density street lighting policy dated June 1996, and shall be atminimum heights of low intensity, shoebox type fixtures with maximum shielding.

33. 30. That no drive-through facilities are to occur within the building identified

as 'P-4' on the site plan dated May 16, 2000.

DISTRICT 6

50TH STREET AND CHANDLER BOULEVARD

APPLICANT: ED BULL - BURCH & CRACCHIOLO, P.A.

OWNER: AZ CL LOAN, LLC, ET AL.

REPRESENTATIVE: ED BULL - BURCH & CRACCHIOLO, P.A.

C. Application: Z-173-05-6

Existing Zoning:

C-2 M-R

Acreage: 36.45

Location: Southeast corner of 50th Street and Chandler Boulevard

1) Modification of Stipulation 1 regarding generalconformance to the site plan and elevations date stamped November 23, 2005.

2) Modification to Stipulation 2 regarding green areas.

3) Deletion of Stipulation 5 regarding right-of-way along the south side of Chandler Boulevard.

4) Modification of Stipulation 7 regarding a Traffic ImpactStudy.

5) Deletion of Stipulation 9 regarding right-turn signal at 50th Street.

Proposal:

6) Technical corrections to Stipulations 3, 6, and 8.

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The Planning Hearing Officer recommended denial as filed, approval withmodified stipulations. The Ahwatukee Foothills Village Planning Committee reviewed this request onOctober 24, 2011, and recommended approval by an 11-0 vote. Stipulations SITE PLAN, ELEVATIONS, AND PROJECT RENDERINGS 1. That development OF THE APPROXIMATE 24-ACRE PHASE 1 shall be

in general conformance with the CONCEPTUAL site plan AND elevationsDATE STAMPED OCTOBER 10, 2011, WITH SPECIFIC REGARD TO AMAXIMUM OF 422 DWELLING UNITS AND A MAXIMUM OFTHREE STORIES WITHIN PHASE I, and project renderings, date stamped November 23, 2005, and with specific regard to a maximum of 572 dwelling units (INCLUSIVE OF UNITS DEVELOPED WITHINPHASE I) and a maximum of eight stories WITHIN THEAPPROXIMATELY 36.45 GROSS ACRE OVERALL SITE, as approved ormodified by the PLANNING AND Development Services Department.

2. That the development shall feature green areas as specified below for

each of the residential buildings: THAT THE DEVELOPMENT OF PHASE 1 SHALL BE IN GENERAL CONFORMANCE WITH THECONCEPTUAL LANDSCAPE PLAN DATE STAMPED OCTOBER 25,2011, AS APPROVED OR MODIFIED BY THE PLANNING ANDDEVELOPMENT DEPARTMENT.

a. Penthouse roof gardens; b. End unit garden patios; c. A minimum of two open green areas per building above the ground

floor that will break up the long corridor; and d. Ribbon park on the roof of the parking structure; and e. A ground

level public plaza between each building. All green areas shallcontain at least one, two-inch caliper tree and drought tolerant plan materials, as approved by the PLANNING AND DevelopmentServices Department.

3. That all windows, facing south, west, and east shall be recessed or

provided with appropriate shading devices to reduce heat gain within buildings, as approved by the PLANNING AND Development Services

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Department. PUBLIC TRANSIT 4. That both a transit stop and transit accessory pad (P1262) shall be

dedicated and constructed at the following locations, as approved or modified by the Public Transit Department:

a. South side of Chandler Boulevard and east of 50th Street. b. East side of 50th Street and north of Frye Road. STREET TRANSPORTATION 5. That the applicant shall dedicate additional right-of-way for the south side

of Chandler Boulevard to accommodate dual left turn lanes as per plansapproved by the Development Services Department. THE APPLICANT SHALL DEDICATE A TOTAL OF 65 FEET OF RIGHT-OF-WAY FOR THE SOUTH SIDE OF CHANDLER BOULEVARD. A 25-FOOT BY 25-FOOT RIGHT-OF-WAY TRIANGLE SHALL BE DEDICATED AT THESOUTHEAST CORNER OF 50TH STREET AND CHANDLERBOULEVARD. ADDITIONAL RIGHT-OF-WAY DEDICATIONS MAY BE REQUIRED BASED UPON THE APPROVED TRAFFIC IMPACT STUDY.

6. That the applicant shall dedicate a total of 50 feet of right-of-way for the

east half of 50th Street or as may otherwise be modified by thePLANNING AND Development Services Department at time of site planreview.

7. That a revised Traffic Impact Study shall be approved by the Street

Transportation Department prior to preliminary site plan approval OFEACH PHASE, AND DEVELOPER OF SUCH PHASE AGREES TOCOMPLY WITH RECOMMENDATIONS PRODUCED FROM THEAPPROVED TRAFFIC IMPACT STUDY FOR THAT PHASE.

8. That the developer shall construct all streets within and adjacent to the

development with paving, curb, gutter, sidewalk, curb ramps, streetlights,landscaping, and other incidentals, as per plans approved by thePLANNING AND Development Services Department. All improvements shall comply with all Americans with Disabilities Act accessibilitystandards.

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December 14, 2011

9. That the developer shall pay the cost of a right-turn signal at 50th Street

(for vehicles that travel east on Chandler Boulevard) if it is shown to bewarranted following a review by the Street Transportation Department.

DISTRICT 6 12TH STREET AND

CAMELBACK ROAD APPLICANT: ED BULL -

BURCH & CRACCHIOLO OWNER: 1994 FCWC, LLLP -

COULTER AUTOMOTIVE GROUP

REPRESENTATIVE: ED BULL - BURCH & CRACCHIOLO

D. Application: Z-SP-9-66-4 (NEW DISTRICT 6) Existing Zoning: C-2 SP Acreage: 0.92 Location: Northeast corner of 12th Street and Camelback Road

1)

Modification of Stipulation 1 regarding substantialconformance to the site plan.

Proposal:

2) Modification of Stipulation 4 regarding landscaping in the right-of-way.

The Planning Hearing Officer recommended approval. The Camelback East Village Planning Committee did not review this request. Stipulations 1. That the development SHALL be substantially in accordance IN

GENERAL CONFORMANCE with the COULTER BUICK site plansubmitted DATE STAMPED SEPTEMBER 15, 2011, WITH SPECIFICREGARD TO THE CAMELBACK ROAD AND 12TH STREETSTREETSCAPE LANDSCAPING SHOWN ON THE COULTER BUICKPRELIMINARY LANDSCAPE PLAN DATE STAMPED SEPTEMBER 15, 2011, AS APPROVED OR MODIFIED BY THE PLANNING ANDDEVELOPMENT DEPARTMENT.

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2. That the additional right-of-way on 12th Street for the parking bay, in

accordance with site plan, be dedicated prior to the Special Permitbecoming effective.

3. That the east half of 12th Street be improved with paving, curb, gutter, and

sidewalk in accordance with plans to be approved by the City Engineer. 4. That suitable landscaping be installed in the right-of-way, as shown on the

site plan, in accordance with plans to be approved by the Parks andRecreation Department. THAT THE SITE SHALL BE LANDSCAPED INGENERAL CONFORMANCE WITH THE COULTER BUICKPRELIMINARY LANDSCAPE PLAN DATE STAMPED SEPTEMBER 15,2011, WITH SPECIFIC REGARD TO THE CAMELBACK ROAD AND 12TH STREET STREETSCAPE LANDSCAPING SHOWN THEREON.

5. That a performance bond, in an amount to be determined by the City

Engineer, be posted to guarantee the installation of the improvementsrequired in No. 3 above. Said performance bond to have a time limit of six months from the date the Special Permit becomes effective.

6. That a 3-foot solid masonry wall or a solid hedge be placed along the

north property line to a point 6.67 feet east of the 12th Street right-of-way and that this wall or hedge extend south of the driveway at that location.

7. That lighting fixtures be located on the plan together with a note stating

that the light from the fixtures will be deflected away from the residentialarea.

8. That a note be placed on the site plan to the effect that any building,

including the “Services Building” which is to be used for body work or painting, be fully enclosed.

9. That the applicant agree, in writing, to maintain all landscaping in the

public right-of-way in a suitable manner at his own expense.

ITEM 9 CITYWIDE PUBLIC COMMENT ON PROPOSED CHANGES TO MOUS SUBMITTED BY AUTHORIZED EMPLOYEE ORGANIZATIONS

The Council heard request that under the terms of the Meet and Confer

Ordinance, employee organizations were offered the opportunity to make a

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December 14, 2011

presentation to the City Council regarding their proposed changes to the existing Memoranda of Understanding on December 7, 2011.

The Meet and Confer Ordinance provided that at the next City Council

meeting following presentations by employee organizations, the public would be afforded an opportunity to comment on the proposals. This item provided that opportunity.

Mayor Gordon declared he would open public comment, noting he had one

speaker comment card from Mr. Paul Barnes. He explained that the discussion would be limited to the Memoranda of Understanding (MOU).

Mr. Paul Barnes, Phoenix, Arizona, represented the organization, Citizens for Phoenix. He felt the City had the finest group of employees. He called the Water Department to service his broken water meter box and the person who was sent had been polite and finished within an hour.

Mr. Barnes thought the City had come a long way since January 2010

where the City had been faced with a $97 million deficit. The employees gave a 3.2 concession and the citizens supported a food tax and increased water rates with stipulations for cost savings, efficiencies, audits, and right-sourcing.

Negotiations were going to be difficult during this session; however,

Mr. Barnes expected everyone would pitch in to do what was best for all. He took issue with the unions protecting employees where outsourcing was considered as it conflicted with the concept of outsourcing.

Mr. DiCiccio requested the opportunity to lay some ground work for his vote in the future. He thought there would be a variety of issues negotiated but the most important one would be whether pay raises were included in the upcoming budget. He would not vote for pay raises and wanted information from staff on how to go about preventing the preliminary budget from including any pay raises, i.e. merit and longevity or any language used for pay raises. All he asked was consideration of other people, who were suffering in this economy and, at the least, not include any pay raises at the beginning of negotiations or the preliminary budget.

Mayor Gordon closed the public comment.

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ORDINANCES AND RESOLUTIONS

An affidavit was presented to the Council by the City Clerk stating that

24 hours prior to the Council meeting, copies of the titles of Ordinances G-5671, S-38365 through S-38409, and Resolution 21023 were available in the office of the City Clerk and therefore, the ordinances and resolutions could be read by title or agenda item only, pursuant to the 1969 Code as amended.

MOTION was made by Mr. Nowakowski, SECONDED by Mr. Simplot, that

Items 10 through 55, except Items 25, 26, 30, 36, 38, 39, 40, and 54.1, be adopted, noting Item 54.1 was an add-on and Item 26 was as corrected.

Roll Call: Ayes: DiCiccio, Gates, Johnson, Mattox,

Nowakowski, Simplot, Waring, and Mayor Gordon


MOTION CARRIED. Ordinances and resolutions adopted.

ITEM 10 DISTRICT 2 ORDINANCE G-5671 - AMEND ZONING CODE - MODIFICATION OF STIPULATIONS FOR REZONING APPLICATION Z-116-07-2 ADOPTED BY ORDINANCE G-5108

The Council heard request to amend the stipulations applicable to Rezoning

Application Z-116-07-2 previously approved by Ordinance G-5108 for the R1-8 (Single-Family Residence District) zoning district located approximately 250 feet east of the northeast corner of 44th Street and Dynamite Boulevard.

ITEM 11 CITYWIDE ORDINANCE S-38365 -

PAYMENT ORDINANCE The Council heard request to authorize the expenditure of public money for

payment of claims against the City of Phoenix. The total amount was $3,891,250.35.

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December 14, 2011


PAYMENT ORDINANCE The Council heard request to authorize the expenditure of public money for

payment of claims against the City of Phoenix. The total amount was $5,183,669.93.

ITEM 13 DISTRICT 8 ORDINANCE S-38367 - ACQUISITION OF ONE VACANT RESIDENTIAL PROPERTY FOR THE COMMUNITY NOISE REDUCTION PROGRAM

The Council heard request to authorize the City Manager, or his designee,

to perform all acts necessary to acquire fee title to, and possession of, the vacant residential property listed below for the Aviation Department’s Community Noise Reduction Program.

The following property owner voluntarily asked the City to purchase his

property, located in Phoenix, Arizona, and identified by a Maricopa County Assessor Parcel Number (APN):

Owner Address Appraisal WBS Element

Lee Brent Shaw, a married man as his sole and separate property

913 East Apache Street APN: 115-45-049

$8,000 AV01050172

This further requested authorization for the City Controller to disburse funds

necessary to purchase the property at the City’s appraised value, plus usual and customary closing costs.

ITEM 14 DISTRICT 8 ORDINANCE S-38368 -

AMEND HONEYWELL COAXIAL LEASE 123823 AT SKY HARBOR AIRPORT


to amend Land Lease Agreement 123823 (Lease) with Honeywell International, Inc. (Honeywell) related to its underground coaxial cable leasehold at Phoenix Sky Harbor International Airport (PHX).

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CONTRACT WITH GATEKEEPER SYSTEMS, INC.


to enter into a contract with Gatekeeper Systems, Inc. (Gatekeeper) to provide software maintenance, technical support, and enhancements to the Automated Vehicle Identification (AVI) system at Phoenix Sky Harbor International Airport (Airport).

This further requested authorization for the City Controller to disburse the

necessary funds.

ITEM 16 DISTRICT 8 ORDINANCE S-38370 - NEW FACILITY LEASE WITH AIRPORT LOUNGE DEVELOPMENT, INC. AT SKY HARBOR AIRPORT


to negotiate and enter into a facility lease agreement with Airport Lounge Development, Inc. (ALD) for approximately 2,985 square feet of terminal space on the international concourse in Terminal 4 to operate an airport lounge facility for its partner airline, British Airways, at Phoenix Sky Harbor International Airport (PHX).


NEW HANGAR LEASE AGREEMENT WITH MESA AIRLINES, INC. AT SKY HARBOR AIRPORT


to negotiate and execute a new lease agreement with Mesa Airlines, Inc. (Mesa Airlines) for 22,467 square feet of hangar space and 67,823 square feet of ramp space in support of its operation of commercial passenger air transportation at Phoenix Sky Harbor International Airport (Airport). The hangar and ramp were located on the northeast side of the Airport.

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December 14, 2011


NEW SWISSPORT TRITURATOR FACILITY LAND LEASE AT SKY HARBOR AIRPORT


to negotiate and execute a new land lease agreement with Swissport Fueling, Inc. (Swissport) for approximately 6,450 square feet of land as an aircraft lavatory site/triturator located at Phoenix Sky Harbor International Airport.


NEW LAND LEASE WITH SOUTHWEST AIRLINES CO. AT SKY HARBOR AIRPORT


to negotiate and execute a facility lease agreement with Southwest Airlines Co. (Southwest) for approximately 5,050 square feet of land and associated building structure. The structure was located airside adjacent to Southwest’s S4 Concourse flight operations and between the S4 Concourse and Taxiway Romeo.

The structure would be leased in an “as-is” condition to Southwest for

transfer and storage for its air cargo business.

ITEM 20 OUT OF CITY ORDINANCE S-38374 - NEW FACILITY LEASE WITH GALAXY INTERNATIONAL, INC. AT GOODYEAR AIRPORT


to negotiate and execute a facility lease agreement with Galaxy International, Inc. (Galaxy) for approximately 13,000 square feet of office and shop space at Phoenix Goodyear Airport. The office and shop space was located inside an existing hangar known as Hangar 18 at Phoenix Goodyear Airport.

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AMEND CONTRACT 129396 WITH PROTIVIT, INC. FOR PCI-DSS SECURITY ASSESSMENT

The Council heard request to authorize the City Manager to amend

Contract 129396 with Protivit, Inc. for the annual security assessment of the City of Phoenix as required by the PCI (Payment Card Industry) in order for the City to continue to process credit card transactions. This also requested authorization for the City Controller to disburse the funds.


SAP INVESTMENT MANAGEMENT MODULE IMPLEMENTATION

The Council heard request to authorize the City Manager to amend the

contract with SAP Public Services, Inc. to install the Investment Management Module of SAP. This also requested authorization for the City Controller to disburse the funds.


RFA 04-085A - MICROWAVE EQUIPMENT


to amend the agreement with Aviat U.S., Inc. and requested authorization for the City Controller to disburse the funds.


RFP 04-022B - BIOSOLIDS REMOVAL SERVICES - REQUIREMENTS CONTRACT


to extend RFP 04-022, Agreement 115256 with Synagro of California, Inc., Houston, Texas, for up to six months through June 30, 2012, in one-month increments to continue to provide the Water Services Department with biosolids removal services. This also requested authorization for the City Controller to disburse the funds. The contract was awarded by formal Council action on December 15, 2004.

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ITEM 27 CITYWIDE ORDINANCE S-38381 - IFB 12-057 - REPROGRAPHIC SERVICES - REQUIREMENTS CONTRACT

The Council heard report of eight bids received by the Procurement Division

on October 21, 2011, to provide various City departments with reprographic services, on an as-needed basis, during a two-year contract period, beginning on or about January 1, 2012 and ending December 31, 2013. Reprographic services were necessary to reproduce documents outside of the City of Phoenix capabilities. Following is a tabulation of the lowest, responsive, and responsible bids received:

Bidder Total Bid

Price Perkinson Reprographics, Inc. dba PRI Graphics Phoenix, Arizona

$10,500.92*

AZ Overland Blueprint Phoenix, Arizona

$11,221.52

Thomas Reprographics, Inc. Phoenix, Arizona

$11,249.80

It was recommended by the Deputy Finance Director that the bid of

Perkinson Reprographics, Inc., as asterisked, be accepted as the lowest responsive and responsible bidder. Authorization was also requested for the City Controller to disburse funds over the life of the contract.

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

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


IFB 12-058 - REFURBISH SIDE LOADER REFUSE TRUCKS - REQUIREMENTS CONTRACT

The Council heard report of three bids received by the Procurement Division

on November 18, 2011, to provide the Public Works Department with refurbishing services for ten, 27-yard side loader refuse trucks on an as-needed basis for a one-year period, beginning on or about January 1, 2012 and ending December 31, 2012. Following is a tabulation of the lowest bids received:

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Bidder Description Total Bid

Prices Rush Truck Center* Phoenix, Arizona

Refurbish Trucks and Body Credits Option 1 Self Regulating Air Control Option 2 Diesel Oxidation Catalyst Option 3 Third Camera

$1,517,090.00 $ 500.00 $ 3,218.32 $ 450.00

Rush Truck Center Phoenix, Arizona Alternate


$1,518,784.00 N/A

$ 3,218.32 $ 450.00

RWC International Phoenix, Arizona


$1,535,000.00 $ 500.00

N/A $ 450.00

It was recommended by the Deputy Finance Director and the Deputy Public

Works Director that the bid of Rush Truck Center, as asterisked, be accepted as the lowest responsible bidder. Authorization was also requested for the City Controller to disburse the funds over the life of the contract. The projected savings in refurbishing these refuse trucks in lieu of purchasing new replacements was approximately $725,850.


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


IPA 083004-01 - PARKS AND GOLF GROUNDS MAINTENANCE EQUIPMENT - REQUIREMENTS CONTRACT


to enter into an agreement with The Toro Company to provide mowers on an as-needed basis during the contract period beginning on December 1, 2011 and ending October 14, 2012. Authorization was also requested for the City Controller to disburse the funds.

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December 14, 2011


CONTRACT WITH MEDTOX LABORATORIES, INC.


to enter into a contract with MEDTOX Laboratories, Inc. to purchase blood test kits and analysis for the Head Start and Early Head Start programs in an amount up to $30,000 for a three-year period. The initial contract period would be through June 30, 2012, with an option to renew for two additional one-year periods. It was anticipated the annual cost would be $10,000.

Authorization was also requested for the City Controller to disburse all funds

for payment of services performed under this contract.

ITEM 32 CITYWIDE ORDINANCE S-38386 - ARIZONA PUBLIC SERVICE GRANT FOR WEATHERIZATION SERVICES

The Council heard request to authorize the City Manager to amend

Contract 130697 with Arizona Public Service Company (APS), and for the City Controller to accept and disburse grant funds to pay all costs incurred related to this grant for an amount up to $600,000 to provide residential energy efficiency-related services and utility bill assistance.


AMEND ORDINANCE S-37936 TO DISBURSE HOUSING REHABILITATION, WEATHERIZATION, HEALTHY HOMES, LEAD, AND ENERGIZE PHOENIX FUNDS

The Council heard request to amend Ordinance S-37936 to include

additional eligible contractors for funding of individual grants and loans for agreements. The sum of all agreements would not exceed the Housing Rehabilitation, Weatherization, Healthy Homes, Lead Hazard Control, and Energize Phoenix programs’ allocations, totaling $27 million from various federal, state, and private sources.

This further requested authorization for the City Controller to receive and

disburse, through a continuing payment authority, the necessary funds up to the total program allocations. The Neighborhood Services Department (NSD)

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received City Council approval on June 1, 2011, Ordinance S-37936, to contract with multiple contractors for Fiscal Year 2011-2012. However, the contractor recruitment process remained open to ensure an adequate supply of contractors to meet program needs.


FANNIE MAE NEIGHBORHOOD STABILIZATION GRANT

The Council heard request to accept a Fannie Mae Neighborhood

Stabilization Grant in the amount of $75,000. The grant would be utilized to support and supplement the Neighborhood Services Department’s Neighborhood Stabilization Program (NSP) outreach activities and community building/ enhancement initiatives. This also requested authorization for the City Controller to disburse the necessary funds.


TOOL TRAILER SPONSORSHIP The Council heard request to authorize the City Manager, or his designee,

to enter into agreements with, and to accept donations of up to $14,000 per tool trailer from, various sponsors to refurbish up to five trailers in the Public Works Department vehicle fleet; purchase tools and supplies for the purpose of community clean-ups; and place a vehicle wrap on the trailers with the logo of the donor along with City of Phoenix, Neighborhood Services and Public Works Departments. This also requested authorization for the City Controller to disburse funds.


FUNDING AGREEMENT WITH ARIZONA OPERA


to enter into an agreement with Arizona Opera, wherein Arizona Opera agreed to deposit up to $1,000,000 with the City to pay for construction of a rehearsal hall, and improvements and renovations necessary for the City to convert the City-owned building located at 1636 North Central Avenue, for the purpose of a cultural center to be used by Arizona Opera for administrative offices, rehearsal studios, and education and community programs, consistent with an operating agreement to be entered into by the parties; and authorizing the City Controller to receive and disburse the necessary funds.

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December 14, 2011


WELDING AND METAL FABRICATION SERVICES

The Council heard report of two proposals received on November 2, 2011,

to provide the Public Works Department with welding and metal fabrication services at various locations throughout the City. The services required were specific to the repair of existing equipment such as trash compactors, roll-off bins, front-load containers, trailers, refuse trucks, and transfer station equipment. These services would support the Solid Waste program and Fleet Services Division. Following is a tabulation of the proposals received:

Proposer Total Proposer Score

Certi-Welders Phoenix, Arizona

862*

Valley Truck and Trailer Service Glendale, Arizona

780*

Provisions of the agreement included an option to extend the contract for



AV31000072 FAA (AV31000041 AND 54) - DEER VALLEY AIRPORT RUNWAY SAFETY ENHANCEMENTS - DESIGN SERVICES AMENDMENT


to execute Amendment 3 to Contract 124038 with Stantec Consulting, Inc. to provide additional and final design phase services for the Phoenix Deer Valley Airport Runway Safety Area (RSA) project and to increase the authorized contract amount by $146,025, to a total amount not to exceed $1,563,639. This also requested authorization for the City Controller to disburse funds for the purposes of this ordinance.

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WS85010044 - AQUIFER STORAGE AND RECOVERY WELL (9A-WELL #300) - CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES


to enter into an agreement with Carollo Engineers, Inc. to provide construction administration and inspection services for the Aquifer Storage and Recovery Well (9A-Well #300) project located in the northern portion of Phoenix’ service area; and further authorizing the City Controller to disburse funds for the purpose of this ordinance.

The Engineer’s fee shall not exceed $486,998.66, including subconsultant

and allowable costs.

ITEM 44 DISTRICT 5 ORDINANCE S-38398 - PA75200154 - DUST DEVIL PARK - CMAR - CONSTRUCTION CONTRACT AWARD


to enter into an agreement with ForeSite Design & Construction, Inc. to provide Construction Manager at Risk (CMAR) construction phase services for the Dust Devil project located at 107th Avenue and Camelback Road; and further authorized the City Controller to disburse funds for purposes of this ordinance. The overall cost of this project would not exceed $4,874,500.


PA75300097 - WINSHIP HOUSE - CMAR - DESIGN PHASE SERVICES


to enter into an agreement with D.L. Norton General Contracting, Inc. to provide Construction Manager a Risk (CMAR) design phase services for the renovations of the Winship House located at 216 West Portland Street; and further authorized the City Controller to disburse funds for the purpose of this ordinance.

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December 14, 2011

The Contractor’s fee shall not exceed $8,507.56, including all subconsultant, subcontractor, and allowable costs.


PW16700013 - 27TH AVENUE SOLID WASTE MANAGEMENT FACILITY - CMAR - CONSTRUCTION CONTRACT AMENDMENT


to amend Construction Manager at Risk (CMAR) Contract 128418 with Layton Construction Company of Arizona to provide planned supplemental construction phase services for the 27th Avenue Solid Waste Management Facility Retrofit project; and further authorized the City Controller to disburse funds for purposes of this ordinance.

Approval of additional funds in an amount not to exceed $2,700,000 was

requested for Guaranteed Maximum Price (GMP) No. 3. The overall cost of this project would be increased from $18,650,529 to an amount not to exceed $21,350,529, which included previously processed change orders.


AV08000065/AV08000066 FAA -TAXIWAY A AND B-8 RECONSTRUCTION - CMAR - CONSTRUCTION AWARD


to enter into an agreement with Ames Construction, Inc., serving as the Construction Manager at Risk (CMAR), to provide construction services for the Taxiway Alpha Connectors and Bravo 8 Reconstruction project at Phoenix Sky Harbor International Airport; and further authorized the City Controller to disburse funds for the purpose of this ordinance.


AV08000065/AV08000066 FAA -TAXIWAY A AND B RECONSTRUCTION - CMAR - DESIGN PHASE SERVICES


to enter into an agreement with Ames Construction, Inc., serving as the Construction Manager at Risk (CMAR), to provide design phase services for the

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Taxiway Alpha Connectors and Bravo 8 Reconstruction project at Phoenix Sky Harbor International Airport; and further authorized the City Controller to disburse funds for the purpose of this ordinance.


AV09000074 - HONEYWELL ENVIRONMENTAL REMEDIATION SYSTEM AT SKY HARBOR AIRPORT - CMAR - CONSTRUCTION AMENDMENT


to amend Construction Manager at Risk (CMAR) Contract 125997 with Kiewit Western Co. to provide additional planned construction services for the installation of the Honeywell Environmental Remediation System at Phoenix Sky Harbor International Airport, known as Phase D. Approval for additional funds in the amount of $3,200,000 is requested for Guaranteed Maximum Price (GMP) No. 3, and further authorized the City Controller to disburse funds for the purpose of this ordinance.


AV16000027 (AV14000012) - ROADWAY AND INTERIOR/ EXTERIOR SIGNAGE - CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES - CONTRACT AWARD


to enter into an agreement with Jacobs Engineering Group, Inc. to provide construction administration and inspection services in support of the Roadway and Interior/Exterior Signage Wayfinding project at Phoenix Sky Harbor International Airport (PSHIA); and further authorized the City Controller to disburse funds for the purpose of this ordinance.

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December 14, 2011


ARCHAEOLOGICAL CONSULTING ON-CALL SERVICES - CONTRACT AMENDMENT


to execute a contract amendment with Rio Salado Archaeology to increase their contract limits, and further authorized the City Controller to disburse funds for purposes of this ordinance.


AMEND CONSULTING AGREEMENT WITH L4 TECHNOLOGIES, LLC


to execute Amendment 5 to Agreement 123438 with L4 Technologies, LLC, and to authorize the City Controller to disburse funds for the payment of services performed on this amended agreement.


4108JOC100 - STREET TRANSPORTATION DEPARTMENT GENERAL LANDSCAPE JOB ORDER CONTRACT AWARD


to enter into an agreement with Recon, Inc. to provide general landscape Job Order Contracting (JOC) services and to execute contract options as necessary; and further authorized the City Controller to disburse funds.

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PAY CONVERGYS CORPORATION FOR SOFTWARE MAINTENANCE SERVICES UNDER EXISTING AGREEMENT

The Council heard request to authorize the City Controller to disburse

funds, for an amount not to exceed $30,000, to Convergys Corporation for payment of software changes made to the Interactive Voice Response system used by the Water Services Department, Customer Services Division.

ITEM 55 DISTRICT 3 RESOLUTION 21023 -

ABANDONMENT OF RIGHT-OF-WAY - V-100033A

The Council heard request to abandon the right-of-way described below as

it was no longer needed. On November 3, 2010, the Abandonment Hearing Officer considered the

application of Peter and Roben Hand to abandon the west eight feet of 11th Street right-of-way between Griswold Road and Harmont Drive.

The Hearing Officer recommended approval of the adoption of the

abandonment, subject to stipulations which had been satisfied.

ITEM 25 CITYWIDE ORDINANCE S-38379 - IFB 09-088A - WATER WORKS SUPPLIES - REQUIREMENTS CONTRACT


to amend Agreement 125445, and to authorize additional expenditures on IFB 09-088, with Dana Kepner Company, Phoenix, Arizona, for the addition of fire hydrant gradeloks for the Water Services Department on an as-needed basis. Authorization was also requested for the City Controller to disburse the funds. This contract was awarded by formal Council action on January 14, 2009. This was a multiple award contract with four vendors. Bids were solicited from all vendors. Dana Kepner Company was the lowest bid for this item.

The addition of the fire hydrant gradeloks would allow for proper installation

of fire hydrants.

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December 14, 2011

Noting there were no comments or questions, Mayor Gordon requested a motion for Item 25.


Item 25 be adopted.



MOTION CARRIED. Ordinance adopted.

ITEM 26 CITYWIDE ORDINANCE S-38380 - IFB 12-015 - LANDSCAPE AND GROUND MAINTENANCE - REQUIREMENTS CONTRACT

The Council heard report of 12 bids received by the Procurement Division

on September 16, 2011, to supply all labor, equipment, materials, and transportation necessary to provide ground and landscape maintenance and repair services for various departments, for a one-year period, commencing on December 1, 2011 and ending November 30, 2012. Following was a tabulation of the lowest bids received:

Group 1 – Landscape and Ground Maintenance

Bidder Calendar Month Total Price

Mariposa Landscape Arizona, Inc. Glendale, Arizona

$1,562.72*

Goodwill Industries of Central Arizona Phoenix, Arizona

$1,685.00

Somerset Landscape and Maintenance, Inc. Chandler, Arizona

$3,060.00




$ 913.56*

United Right-of-Way Phoenix, Arizona

$2,013.00

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$2,019.00




$1,674.16*


$2,630.00

Artistic Land Management, Inc. Chandler, Arizona

$3,114.00




$ 885.74*


$1,758.00


$2,278.00




$1,379.16*

Horticulture West II, Inc. Phoenix, Arizona

$2,910.00


$3,491.00




$1,050.82*


$1,639.00

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December 14, 2011




$1,991.00


Bidder Calendar Month Total

Price


$ 6,266.78*


$14,058.00


$14,306.00


Bidder Calendar Month

Total Price


$ 7,576.50*


$13,230.00


$14,018.00

Group 9 – Palm Pruning

Bidder Total Price

APR Landscape and Irrigation Systems, LLC Phoenix, Arizona

$51,800.00*

Trugreen Landscape Phoenix, Arizona

$55,500.00

Benchmark Land Management Maricopa, Arizona

$61,050.00

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Group 9 – Palm Removal

Bidder Total Price


$37.50*

Trugreen Landscape Phoenix, Arizona

$75.00

Benchmark Land Management Maricopa, Arizona

$77.00

Group 9 – Palm Peeling/Shaving/Scaling

Bidder Total Price


$16.00*


$16.00*


$16.00

Group 10 – Tree Removal

Bidder

Regular Hours Hourly Rate

(2) Person Crew

Regular Hours Hourly Rate

(4) Person Crew


$32.30* $64.60*


$34.00 $65.00


$42.00 $78.00

It was recommended by the Deputy Finance Director and the Acting Parks

and Recreation Director that the bids of Mariposa Landscape Arizona, Inc.; APR Landscape and Irrigation Systems, LLC; United Right-of-Way; and Goodwill Industries of Central Arizona, as asterisked, be accepted as the lowest responsible bidders. Authorization was also requested for the City Controller to disburse funds over the life of the contracts.

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December 14, 2011

Although twelve responses were received, three bids were deemed non-responsive for not including pricing or not including the revised submittal, as required by the solicitation and, as a result, the City was unable to evaluate their bids.



Mr. Barnes mentioned the City’s right-sourcing and Mr. Gates noted this

was another example. Outsourcing landscaping and grounds maintenance at 70 new facilities would save $350,000 per year and Mr. Gates confirmed his support of this item.

Mr. DiCiccio thanked City Manager David Cavazos and members of the

Finance, Innovation, and Efficiency Subcommittee for bringing this forward. They were beginning to find different ways of delivering services and Mr. DiCiccio expressed his appreciation for what he had seen accomplished within the past 60 days.


Item 26 be adopted. Mayor Gordon thanked the Law Department for their work on the contracts

and their legal advice on outsourcing.



MOTION CARRIED. Ordinance adopted. Due to a possible conflict of interest, Mr. Simplot withdrew from the voting

body on Item 30.

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AMEND CONTRACT 131577 WITH THE PHOENIX RESIDENTIAL INVESTMENT DEVELOPMENT EFFORT BOARD


to amend Contract 131577 to accept funds of up to $7,000 related to the Property Management Oversight Agreement between the Housing Department and the Phoenix Residential Development Effort (PRIDE) Board.

MOTION was made by Mr. Nowakowski, SECONDED by Mr. Johnson, that

Item 30 be adopted.

Roll Call: Ayes: DiCiccio, Gates, Johnson, Mattox, Nowakowski, Waring, and Mayor Gordon


MOTION CARRIED. Ordinance adopted. Mr. Simplot returned to the voting body.

ITEM 36 DISTRICTS 7 AND 8 ORDINANCE S-38390 - DESIGN CONTRACT FOR AVENIDA RIO SALADO/ BROADWAY ROAD PUBLIC ART PROJECT


to enter into a contract with the Arizona artist team of Mark Ryan and Matt Moore, dba Urbanplough Arts, LLC, for an amount not to exceed $177,000 to design streetscape enhancements as part of the Avenida Rio Salado/Broadway Road street improvements, from 7th Street to 67th Avenue; and further authorizing the City Controller to disburse the necessary funds for the purpose of this ordinance.

Mr. Nowkowski requested staff keep him updated of the design and the Rio

Salado art project.

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December 14, 2011

MOTION was made by Mr. Nowakowski, SECONDED by Mr. Simplot, that Item 36, be adopted.

Roll Call: Ayes: DiCiccio, Gates, Johnson, Mattox,

Nowakowski, Simplot, Waring, and Mayor Gordon


MOTION CARRIED. Ordinance adopted. Mayor Gordon addressed Item 37 and thanked staff for their creative help

with the Opera project on Central Avenue. Due to a possible conflict of interest, Mr. Simplot withdrew from the voting

body on Item 38.

ITEM 38 CITYWIDE ORDINANCE S-38392 - FUNDING AGREEMENT WITH PHOENIX THEATRE FOR CONSTRUCTION OF BLACK BOX THEATRE

The Council heard request to authorize the City Manager to enter into an

agreement with Phoenix Theatre, wherein Phoenix Theatre agreed to contribute $3,350,000 and the City agreed to provide approximately $7.558 million in City 2006 Bond funds for the construction of a Black Box Theatre situated adjacent to the existing main stage of Phoenix Theatre located at 100 East McDowell Road. Phoenix Theatre would deposit up to $1,500,000 in cash with the City, with the remaining balance of funds provided through a letter of credit approved by the City; and further authorizing the City Controller to receive and disburse the necessary funds.

MOTION was made by Mr. Nowakowski, SECONDED by Mr. Mattox, that

Item 38 be adopted.

Roll Call: Ayes: DiCiccio, Gates, Johnson, Mattox, Nowakowski, Waring, and Mayor Gordon


MOTION CARRIED. Ordinance adopted.

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Mr. Simplot returned to the voting body.

ITEM 39 DISTRICT 6 ORDINANCE S-38393 - ACQUIRE BOND DEBT FROM COMPASS BANK FOR THE PAPAGO GOLF COURSE


to purchase discounted bond debt from Compass Bank in the amount of $1,850,000 for the Papago Golf Course. Currently, Compass Bank held $10,900,000 in debt, from bonds and interest, issued by the Industrial Development Authority and agreed to discount debt owed by 83 percent for an amount of $1,850,000. This further authorized the City Controller to disburse the funds.

Mayor Gordon noted two speaker comment cards were submitted for

Item 39. Mr. Larry McLennan, Phoenix, Arizona, spoke in favor. He thanked the

Council for the opportunity to speak and for their responses to his e-mails and calls. He supported this item and the Parks and Recreation Department’s Papago program. He had not always supported this, but thought they were presently moving in the right direction. He noted the item was represented as there being an 83 percent discount. He did not dispute the $10.9 million debt; however, he questioned the value of what of what was there and thought it closer to approximately $5.5 to $6 million which was a 66 percent discount.

Mr. McLennan believed an audit was needed to determine how the

$10.9 million was dispersed and determine its impact. In addition, the golfing enterprise was losing $1.5 million per year and was currently $10 million in debt. The Council was being asked to put forth a significant amount of money to save Papago Golf Course, and he thought things could be changed; new rates set, and noted the community was looking for an affordable golf experience.

Mayor Gordon acknowledged the presence of Councilman-elect Daniel

Valenzuela from District 5. In addition, Mr. Gates noted for the record that Mr. McLennan was an Alderman in the state of Massachusetts.

Mr. Leonard Clark, Phoenix, Arizona, expressed his opposition due to the

number of people who were hurting financially. He was happy to see community banks used for the bonds, keeping the money in the community. He wanted to see all of the tax revenues deposited in the community, and expressed his concern for Americans and Phoenix residents who lost their homes and were homeless.

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December 14, 2011

Mayor Gordon credited City Manager David Cavazos for deciding to put the money in community banks.


Item 39 be adopted. Mr. Gates appreciated the previous comments and voiced his hesitation to

support this item. He tended to focus on fiscal discipline and felt this was a unique opportunity to retire a significant amount of debt which would be his reason for support of this item.

Mr. Gates thought a golf enterprise strategic plan should be put on the table

within 90 days, which would address what the enterprise fund was doing. He also believed an honest discussion was needed for maximum rates and right-sourcing. There were many higher priced golf courses in the Valley and he felt it was important for this golf course to be affordable. The City provided an alternative for those who loved golf and an opportunity to get away from a lot of the stresses they were dealing with.

AMENDED MOTION was made by Mr. Gates, to adopt Item 39, noting a

golf enterprise strategic plan be put on the table within 90 days with discussion concerning potential maximum rates and right-sourcing. Mr. Nowakowski agreed to the amended motion.

Mr. Simplot expressed his issue with maximum rates and trying to find a

business plan which worked. He questioned how they would find a business plan that worked if maximum rates were to be set. He asked the maximum rates be removed from the amended motion and make them part of the business plan discussion.

Mr. Gates agreed with Mr. Simplot’s suggestion regarding the discussion of

potential rates. Mr. Simplot noted he would support the amendment. AMENDED MOTION was made by Mr. Gates, to adopt Item 39, noting a

golf enterprise strategic plan be put on the table within 90 days with discussion concerning potential rates as part of the business plan discussion.

Mr. DiCiccio expressed concern with the City Attorney’s handling of this

case and did not believe all the options were brought to the table which would have protected the City in their negotiations. He would not support this due to his lack of confidence in the City attorney and the way this case was handled. He thought there should be a plan before any monies were spent. He complimented the Parks staff and Deputy City Manager Rick Naimark who always tried to do the right thing.

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After hearing this Item’s history, Mr. Waring thought this had been a long

running issue which he could not support. He was not singling out Papago Golf Course and had nothing against golf; however, he did not think the City should be in this business and pointed out the last year the City made money on this was 2001. He disagreed with spending $1.8 million on golf at a time when the City continued to be in a relatively bad situation and noted a lot of money was involved which could be used elsewhere. This had been pitched as a great deal and he did not see it that way. He hoped that by going forward, they did not find themselves in an equivalent mess. He acknowledged the previous speaker, Mr. Clark, and expressed appreciation for his comments.

Mr. Simplot stated the City would be receiving $10 million worth of improvements for $1.8 million. He thought that was an incredible deal for the taxpayers and voiced his support. He was convinced someone in the private sector would buy this note should the City decide not to go with it because it was a good deal. The City would be getting improvements which previously had been unaffordable, and he applauded staff and thought this worked out best for the taxpayer and the City. He thought this an opportunity to move forward and possibly find another partner to join the City in building a club house for City residents.

Mr. Johnson agreed with Mr. Simplot and was also in support for the same reasons. He explained this was one of the programs the City had outsourced which did not work out. There were some outstanding things being done with outsourcing; however, that did not mean everything outsourced would be a good deal. He encouraged staff to continue looking at outsourcing and try to prevent future problems.

Mr. Waring understood Mr. Simplot’s points and thought it was great they

were getting improvements; however, he noted the opportunity to stay in a money losing enterprise which now did not have a club house did not seem like a good deal to him.

Roll Call: Ayes: Gates, Johnson, Mattox,

Nowakowski, Simplot, and Mayor Gordon

Nays: DiCiccio and Waring Absent: Vice Mayor Williams

MOTION CARRIED. Ordinance adopted. Mr. Gates temporarily left the voting body.

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December 14, 2011

ITEM 40 CITYWIDE ORDINANCE S-38394 - PURCHASE OF FOUR VEHICLES FOR THE POLICE DEPARTMENT - FUGITIVE EXTRADITION SQUAD

The Council heard request to authorize the City Manager to authorize the

Phoenix Police Department to purchase four prisoner transportation vehicles for the Fugitive Extradition Squad of the Homeland Defense Bureau. The estimated total cost associated with the purchase of the vehicles and their related make ready equipment was $150,000. The vehicles and their equipment would be entirely funded using money allotted through the 2009 Justice Assistance Grant, Fugitive Extradition Program. This grant expired September 30, 2012. Staff received authorization from the granting agency, the Bureau of Justice Assistance, to fund these vehicles and make ready equipment. Authorization was also requested for the City Controller to receive and disburse funds.

Mr. Leonard Clark, Phoenix, Arizona, appreciated the compromises made

for the betterment of the City, and noted this item concerned the purchase of police vehicles to transport fugitives. He found use of the term Fugitive Extradition Squad of the Homeland Defense Bureau troubling as this was a municipality, not the federal government.


Item 40 be adopted.

Roll Call: Ayes: DiCiccio, Johnson, Mattox, Neely, Nowakowski, Simplot, Waring, and Mayor Gordon

Nays: None Absent: Gates and Vice Mayor Williams

MOTION CARRIED. Ordinance adopted. Mr. Gates returned to the voting body.

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ITEM 54.1 CITYWIDE ORDINANCE S-38409 –

ADD ON - AGREEMENT WITH BALLARD SPAHR FOR LABOR NEGOTIATIONS

The Council heard request to authorize the City Attorney to enter into an

agreement with Ballard Spahr to assist with the labor negotiations with various City of Phoenix employee bargaining groups.

This further requested to authorize the City Controller to disburse funds for

purposes of this ordinance in an amount not to exceed $400,000. MOTION was made by Mr. Simplot, SECONDED by Mayor Gordon, that

Item 54.1 be adopted. Mayor Gordon said Ballard Spahr agreed to cap their fees for negotiations

at $150,000 instead of the previous amount discussed. SUBSTITUTE MOTION was made by Mr. DiCiccio, SECONDED by

Mr. Waring, to continue Item 54.1 to the January 4, 2012, formal meeting and that the City Attorney return with additional law firms.

Mr. DiCiccio explained he had given the City Attorney specific instructions,

to expand the list. Several weeks later the City Attorney returned with the same names on the list of attorneys as previously recommended. The City Attorney called this a misunderstanding; however, Mr. DiCiccio noted, he called it steering and thought it fair to make a request for all the options placed on the table.

Mr. DiCiccio believed it was important there be an arms length transaction between staff and the labor unions negotiating contracts; and he also liked the idea of using an outside entity. He thought this was a clear conflict of interest. City staff would either benefit or get hurt by negotiations. He questioned the incentive for a staff person to cut their own salary. The old system could not be used for those reasons. In the next 90 to 120 days they would see the real reforms occurring in the city and he felt they were at a tipping point.

Mr. DiCiccio thought they were heading in the right direction, and stressed it

was important for staff to provide the information Council members requested. They were responsible to the taxpayers and had a fiduciary responsibility. He believed the Law Department failed in their fiduciary responsibility and noted the current system had a clear conflict of interest built into it. He also believed the City should use outside entities and provide options, not steer options.

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December 14, 2011

Mr. Simplot questioned whether there was an approved vendor list and

wondered how long it would take to issue a Request for Proposal (RFP) for this project.

City Attorney Gary Verburg advised there was a process in place for the

procurements of legal services. A qualified vendor list was established every two years. The proposals were all reviewed by his staff who had thought the three firms selected most closely fit the scope of work and as a consequence, those were the names which had been brought forward. He apologized for any misunderstanding with respect to instructions. He believed the Council had wanted non-lawyer firms included and he had provided those as well. He pointed out the process to recruit new vendors for the list would take approximately six to eight months.

Mr. Gates questioned whether six to eight months had been indicated for

the recruitment of new vendors. In response to Mr. Gates, Mr. Verburg apologized and noted he had meant six to eight weeks.

Mr. Simplot questioned if Mr. DiCiccio was asking to review every firm on

the qualified vendor list before making a decision. Mr. DiCiccio confirmed that was his intent and noted he had called some of

the vendors on the list and had already received two resumes. He wanted to see this list expanded and more thought put into it. He thought the way this had been handled to be very disrespectful.

Mr. Simplot questioned whether a friendly amendment could be made to the

substitute motion. Mr. Simplot stated the friendly amendment to the substitute motion would be

that the vendor list which came back to Council be generated from the existing qualified vendor list. Mr. DiCiccio and Mr. Waring agreed with the amendment to their substitute motion.

Amendment to the SUBSTITUTE MOTION was made by Mr. Simplot that

the City Attorney return with additional law firms from the qualified vendor list. Mayor Gordon believed one of the two firms recommended did a lot of

business with the City. In response to Mayor Gordon, Mr. Verburg explained the Gus Rosenfelt

Law Firm was a good law firm which did public employment law. He believed

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they did not do collective bargaining negotiations but they had been hired by the City in the past as had most of the law firms on the qualified vendor list.

Mr. Mattox questioned whether this delay would delay the process. Mr. Verburg advised if the firms were chosen from the qualified vendor list,

the City would not have to readvertise. The original list was for three vendors because the City’s procurement rule specified listing the top three vendors. There were many firms on the list, however, and the list could be expanded and brought before the Council in January 2012.

Mr. Waring pointed out again he was the new guy and was curious about

this issue. He supported Mr. DiCiccio’s substitute motion but wondered why this had not been discussed during the summer months. People knew this was coming. He found out about this from the City Manager in late fall and thought there would be a broad list of nationally recognized people who had experience in this type of work. He expected an expansive list and search; instead the firm was picked from a list of three with two being local. He understood this process was not previously used and he questioned how law firms would have known to apply for this kind of job. He expressed confusion as to why they waited so long and thought this should be voted on right away. He felt that every day of delay meant the value of the legal work would diminish. Starting the process in January meant starting the process late and if the company could not start until March then it would be too late. He thought the request for a larger list had been direct and was surprised there had been a misunderstanding. The new list had been the same as the previous list with a few non-lawyers included. He was disappointed in the whole process and felt it should have been addressed earlier. He seconded the motion; however, he did not know if he would support expenditure of this money if a company was unable to start until March.

Mr. Johnson explained he was present at the time the request was made

and thought it unclear with regards to the expectations. It had been his understanding staff would come back with a list which included those who were not attorneys. He could not fault staff for having the same misunderstanding of the Council’s direction he had.

There was a qualified vendor list to do legal work for the City and though

they never knew what legal work might be required, Mr. Johnson understood anyone with a license to practice law was qualified. He knew the City Attorney had his staff review the list and determined the top three choices which had been presented to the Council. He was supportive of additional choices, but he did not agree the City Attorney was not following the instructions or the direction of the Council. Mr. Johnson pointed out the three vendors listed were determined by the City Attorney’s staff to be the best qualified for this type of representation.

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Mr. DiCiccio believed they would not be in this mess had the list been

expanded and the Council’s instructions followed. He did not agree with being steered, and thought that was improper and did not serve their fiduciary responsibility to the public. He also did not agree there was a misunderstanding.

Mr. Simplot thought Mr. Waring brought up a good point and that if this were

delayed to look at an expanded vendor list he questioned whether the firm could start the negotiation process as intended by the Council.

City Manager David Cavazos explained the Human Resources Director

Janet Smith was familiar with the schedule for negotiations and could answer Council’s questions.

Human Resources Director Janet Smith clarified the City would begin

bargaining on January 9, 2012. She explained the firm would have to be chosen within the next couple of weeks.

Mr. Simplot questioned whether the vendor would be able to assume this

role if choosing the vendor was delayed to the January 4, 2012, formal Council meeting.

Ms. Smith recommended City staff meet with the bargaining unit to

understand the proposals and then when Council selected the outside negotiator, staff would turn everything over to the outside negotiator.

Mr. Gates thought this gave the Council five days as the formal Council

meeting would be held on January 4, 2012, and the negotiations were not scheduled to begin until January 9, 2012. He supported the substitute motion although he had some concerns. He felt it best to go through the Qualified Vender List; however, he did not want to go through this process with the Council divided. He was not convinced this was the way to go and thought bringing in an outside negotiator sent the signal that the Council did not have the same relationship with management and labor. Though he was not convinced, he felt time should be taken to make sure everyone was comfortable with this approach.

Mr. Waring questioned why the Council was in a time crunch and this had

not been brought forward earlier. He thought Mr. DiCiccio felt they had been steered to a smaller list of firms and though he was new, Mr. Waring thought it was odd this was not discussed when the list could have been easily expanded. Initially he thought this was a good idea and did not realize at the time there would be timing concerns. This had placed him in a position where he would be voting on the original motion against an idea he thought was a good one and he did not appreciate that and felt it was unnecessary.

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Mr. Johnson understood Mr. Waring’s position; however, the Council

members all had a position. He reiterated it was not his position that staff delayed anything. Staff was trying to go through their regular process and he thought the delays were the result of questions asked by Mr. DiCiccio and Mr. Waring. He did not agree with the continual battering of staff as though they did not do their job. He thought staff had done their job and did not agree staff had not kept the Council informed.

Mr. Johnson also misunderstood the issue and was, therefore, unable to

disagree with staff. Though the direction given may have been clear to Mr. DiCiccio and others on the Council, he did not have the same understanding and did not think staff should be accused of something which was not the general consensus of the Council. He wished the battering of staff would stop so they could deal with the issues and move forward.

Mr. Waring requested he be allowed to respond. In response to Mr. Waring, Mayor Gordon thought everyone had expressed

their opinion. Mr. Nowakowski pointed out he had not spoken his point yet; however, he

wished to hear the public at this time. Mr. James Tierney, president of AFSCME (American Federation of State,

County and Municipal Employees) thought as a Chief negotiator it did not matter who sat across the table from him. Today was the first time he heard a negotiating firm was being considered. He wondered why the Council would spend thousands of dollars to hire an outside entity to perform a job staff was supposed to do. He also pointed out the City had lawyers on their payroll and he thought this was a waste of taxpayer money which could have consequences in the next election.

Mr. Luis Schmidt, Treasurer for AFSCME, Local 2384, which represented

the City’s blue collar employees, expressed his surprise to learn of this item. He initially heard of it in November but did not hear anything again until this morning. He agreed the unions would negotiate with whoever sat across from them, however, he thought this was a disservice to the job City staff had performed in the past. He pointed out the last contract saved the City over $100 million; however; he thought it had become popular to knock employees. He felt employees were an asset and thanked those Council Members who were supportive. He hoped they could find a happy medium and disagreed the past negotiations had not worked and also thought it was late to be having these conversations. Mr. DiCiccio stated the unions would be negotiating with their

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own people, however, that was not what occurred and Mr. Schmidt explained the people they negotiated with were not tied to what the unions were bargaining for.

The unions had a history of working with the City or with whoever they were designated to work with. They had to consider taxpayer dollars and be responsible. Mr. Schmidt noted an e-mail prior to this Council meeting indicated employees received a Christmas bonus and he wanted the public to know that was untrue.

Ms. Louisa Pedraza, Police Comm Op*Radio/911, Phoenix, Arizona, spoke

in opposition of this item. She had been shocked and disappointed when she learned about this item earlier in the day. She participated in negotiations since 1994 and whether or not there had been disagreement; a solution was always reached which worked for both the City and the employees. She thought they had worked well together and felt this item had been done in a covert, non-transparent, and shameful way.

Mr. Frank Piccioli, Phoenix, Arizona, Phoenix Pre-Professional and Clerical Employees, Local 2960, spoke in opposition. Good faith bargaining, transparency, and serving the citizens were words he heard in the Council Chambers many times in the past. Such short notice concerning a major change in how negotiations were handled was an insult to the tax payers, labor unions, and City employees. He questioned why this had been handled in this way with one day notice given; and why after the previous concessions which gave the City everything it asked for, it was determined an outside agency would be better able to handle the negotiations. The City had previously negotiated to save both money and services, and he questioned why taxpayers had to now pay hundreds of thousands of dollars to hire an outside agency when the City already had capable staff trained to do the job. He felt the answer was not about doing what was best for the taxpayers’ wallets, instead, this was done for a political point, personal agendas, and self-serving interests. He asked what was right for the employees and the citizens, and to look at what was best for good faith bargaining, transparency, and serving the citizens.

Mr. Leonard Clark, Phoenix, Arizona, emphasized his union brothers and

sisters worked hard and did a good job working all hours of the day or night. He disagreed with the last minute change and thought collective bargaining went along with good faith.

Mr. Pete Gorraiz, Executive Vice President, Phoenix Fire Fighters

Association, spoke in opposition. He was offended to have been notified of this change at such a late hour and thought from what took place this had been discussed for awhile. Initially, the cost was estimated at $400,000 and now it was approximately $200,000. He pointed out the City had a Human Resources

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Department which had done a good job. He could understand obtaining an outside negotiator if there had been problems with the unions, but the unions had helped and worked with the City Manager, Mayor, and City Council to help solve the $277 million deficit. Employees took pay cuts, furloughs, and worked within their various departments to find savings. Suggesting the City’s representatives were negotiating with the unions to benefit themselves was insulting. The Human Resources Director demonstrated quality of work and excellence from her department for many years. In addition, the Labor Relations Administrator had also done an excellent job. The employees and their representatives had worked hard. They were worried about how much basic necessities cost and suddenly the City could now hire someone to do the job a Human Resources person was already paid to do. He noted there were fewer ambulances and rescues while there were more calls than ever in the history of the Phoenix Fire Department. He heard the statements regarding fiscal responsibility and did not understand how the Council could deem throwing this money away fiscally responsible or prudent.

Mr. Joe R. Clure, President of the Phoenix Law Enforcement Association,

spoke in opposition to the expenditure of City bonds for this purpose. He did not have a problem communicating and took umbrage with the perception that their dealing with the Personnel Director and the Labor Relations Administrator created a conflict of interest. Were that true, the entire system would fail because the Council Members were also City employees. He suggested Council read the meet and confer ordinance which detailed the process used for negotiations.

Mr. Clure clarified the union did not negotiate with the Personnel Director or

the Labor Relations Administrator. They negotiated with Mr. Cavazos who had the power of no. If negotiations failed and went to impasse, this would then be heard before the Council, where the ultimate decision to decide a fair and equitable compensation for City employees would be made. He said that in the past 25 years he had never seen them go to impasse and hoped this would not happen. He thought; however, the idea of bringing an outside party to speak with the unions and then bring forth what was negotiated to Mr. Cavazos seemed to him to be a waste of taxpayer funds and not a reasonable and prudent thing for Council to undertake.

Mr. Clure reiterated this was a waste of money, there was no conflict of

interest, and this process had worked well in the past. The Human Resources Director had no problem with asking for concessions during the last negotiations and he felt there were no issues.

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December 14, 2011

Mayor Gordon explained that if the substitute motion did not pass, then they would go back to the underlying motion. He questioned whether this was a good use of time and would not support the substitute motion.

Roll Call: Ayes: DiCiccio, Gates, Nowakowski,

Simplot, and Waring Nays: Johnson, Mattox, and Mayor Gordon Absent: Vice Mayor Williams

MOTION CARRIED. Ordinance continued to the January 4, 2012, formal

meeting with direction to return with an expanded vendor list taken from the City of Phoenix Qualified Vendor List.

NEW BUSINESS

ITEM 56 DISTRICT 8 LANDLORD WAIVER AND

LICENSE TO CITICORP NORTH AMERICA, INC. TO EQUIPMENT STORED IN LEASED SPACE


to grant a waiver and license to Citicorp North America, Inc., as Administrative and Collateral Agent, to flight simulator equipment stored in US Airways, Inc.’s leased premises under its Flight Training Center Facility Land Lease 91518.

MOTION was made by Mr. Simplot, SECONDED by Mr. Nowakowski, that

Item 56 be approved. MOTION CARRIED UNANIMOUSLY. Item 57 was heard at the end of the meeting. MOTION was made by Mr. Nowakowski, SECONDED by Mr. Simplot, that

Items 58 through 61 be approved, noting there were no speaker comment cards submitted. MOTION CARRIED UNANIMOUSLY.

ITEM 58 CITYWIDE 2011 ORGANIZATIONAL

REVIEW POSITION CHANGES The Council heard request to authorize the City Manager, or his designee,

to eliminate 19.7 FTE (full-time employees) General Fund positions, and 22.9 FTE non-General Fund positions from the authorized count effective January 2012.

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ITEM 59 CITYWIDE INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF MESA FOR SHARING COMMUNICATIONS FACILITIES

The Council heard request to authorize the City Manager to enter into an

intergovernmental agreement (IGA) with the City of Mesa to participate in the shared use of telecommunications facilities required for the public safety and municipal services radio systems.

ITEM 60 CITYWIDE ISSUE RFP FOR THE

PURCHASE OF SMART CARD ENCODING EQUIPMENT

The Council heard request to authorize the Public Transit Department to

issue a Request for Proposals (RFP) for the purchase of smart card encoding equipment; and to also include a transparent lobbying provision. The RFP was requested to determine if replacing existing smart card encoding equipment was more beneficial than the cost to maintain and repair existing equipment.

ITEM 61 DISTRICT 8 AGREEMENT WITH ENERNOC

AND ENROLL IN THE ENERNOC DEMAND RESPONSE - SALT RIVER PROJECT PROGRAM


to enter into an agreement with EnerNOC and enroll in the EnerNOC Demand Response - Salt River Project (SRP) program.

ITEM 57 DISTRICT 8 AWARD CONTRACT FOR

SHARED RIDE VAN SERVICE AT SKY HARBOR AIRPORT


to award a contract for shared ride van service at Phoenix Sky Harbor International Airport (PHX) to Pouya Transportation and Dispatching, LLC (PTD).

Mayor Gordon noted for the record speaker comment cards were submitted

from: Amir Khaleghi, Chris Giroepler, and Neil Thomson in favor not to speak; and John Seacrest in opposition, not to speak.

Mr. Johnson thought it appeared all the City’s contracts at the airport

seemed to be controversial. There had been information presented at the

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December 14, 2011

Downtown Aviation and Economy Subcommittee regarding the owner’s son who had been listed as one of the officers on the LLC. The information brought forward concerned statements made which appeared to be threatening and intimidating by the 19 year old son of the owner. As a result, the father took his son off the business LLC. The son had no federal violations, but after reviewing the incident report, Mr. Johnson hoped the son did not have any involvement or activity with the airport.

Mr. Johnson pointed out this was a small company and he knew there were

several kinds of transportation needed at the airport which included taxicab service; limousine service, and the shared ride service. Both the taxi and the limo services were successful in providing opportunities for small businesses where the drivers themselves had the ability to get together and form their own LLC and start a corporation. There were provisions in the contract requiring funds be paid up front by the vender and he explained that if this vendor was unable to comply, then the next vendor, which was Veolia, would step in.

Super Shuttle had started as a small business and had been given

opportunities at both the Los Angeles and Phoenix Airports. The company grew and was sold to Veolia. Veolia made a statement that they would continue to do business at the airport with their shuttle service, Super Shuttle. Mr. Johnson believed the reports showed Super Shuttle would retain 70 percent of its business the first year and the new business would take only a portion of their business. The new company had the public financing, the capability, and the management staff to perform this work at the airport and he pointed out there had been no objection to the procurement process. The only objection had come from Veolia who claimed the new company would not be able to perform.

Mr. Johnson expressed his amazement the son had made statements

which should not have been made and there was an incident report as a result. He equated the statements with someone referring to a bomb when boarding an airplane and noted those matters were taken seriously.

MOTION was made by Mr. Johnson, that Item 57 be adopted. Mr. Johnson also noted the son had been removed from having any part in

the operations of this business. In addition, the airport had the option to review the contract and the statement made regarding the son having no involvement with Sierra Transportation’s business conducted at the airport.

MOTION FAILED due to lack of a second. Noting time was needed for staff and the Council to review the facts behind

any allegations and to review the bids given the risk of a brand new company

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with no experience, MOTION was made by Mr. Simplot, SECONDED by Mr. Gates, that Item 57 be continued to the January 4, 2012, formal meeting.

Mayor Gordon explained this motion was for continuance not award of the

contract and he requested confirmation from Mr. Verburg, his vote would not constitute a conflict. Mr. Verburg advised this was a procedural motion, not a motion to grant or not grant.

Mr. Nowakowski heard concerns expressed at the Aviation Advisory

Subcommittee regarding experience. Super Shuttle had served the airport for approximately 20 years while Pouya Transportation and Dispatching, LLC (PTD) was a startup company. Phoenix Sky Harbor International Airport was the fifth largest airport and he did not feel they should jeopardize their reputation. There were other concerns expressed concerning customer service and staff confirmed Super Shuttle had no complaints and everything they had heard was positive. PTD was a new company which had no experience and had never operated at an airport. He questioned what would happen with customer fees and was troubled that the bid amount would mean increased fees for individuals visiting the airport. He thought it was also important companies working in the airport were supportive to the community. He received a list of the involvement Super Shuttle had with food banks and non-profit organizations. Phoenix had built a reputation as friendliest airport and he reiterated they could not jeopardize their reputation and gamble on an individual.

Mayor Gordon asked comments be limited to the motion to continue. SUBSTITUTE MOTION was made by Mr. Nowakowski, SECONDED by

Mr. DiCiccio, that Item 57 be rejected and re-bid with the inclusion of qualifications and finance.

Mr. Johnson questioned what would happen if PTD was the low bidder in a re-bid or if this was an attempt to ensure a small business would not have the opportunity to participate. He pointed out there had been no assertions something was wrong with the procurement process. The allegation had been made by the company who lost the bid and claimed they did not think PTD could perform. He thought the procurement process was fair and the City should not re-bid because one company had good connections and was involved in the community. There was a process to be followed with a time limit and this should not be re-bid to allow a company another opportunity to redo that. He felt this was an attempt to eliminate a small business from achieving success.

Super Shuttle started out as a small business with little experience and he

did not agree the Council should consider a re-bid when there was no evidence that something was wrong with the procurement process.

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December 14, 2011

Mr. Nowakowski withdrew his statement and the substitute motion. Mayor

Gordon questioned whether agreement of the second to the motion was necessary. In response to Mayor Gordon, Mr. Verburg counseled the second did not have to agree.

Mayor Gordon clarified the substitute motion had been withdrawn and the

underlying motion to continue was on the floor. SUBSTITUTE MOTION was made by Mr. Nowakowski, SECONDED by

Mr. Mattox, to reject staff’s recommendation and approve the next highest bidder. Mr. Johnson stated he was offended and felt the motion was an objection to

staff’s recommendation. This would approve the second lowest bidder when there were no charges of wrong doing with the procurement process. He believed it was wrong for a company legally doing business and following the rules asked of them, to be rejected because the Council did not like the company and preferred a larger one. He thought it absurd this would happen to any business in the City of Phoenix. Veolia was a large company and Mr. Johnson expressed concern this was an attempt to destroy PTD and prevent them from what they legally had a right to do after going through the procurement process. He thought this motion was a move to skip over a company who had legally gone through the procurement process and done everything required of them in order to do business with the City of Phoenix. Staff believed this company was capable and the only people against this were the ones who owned the company with an unsuccessful bid.

Mr. Nowakowski responded this was about the experience of the applicant,

customer service, the driver’s income, and giving back to the community and this company did not have the experience to be in the sixth largest airport. This would place Super Shuttle in the VIP area where the airport already had limousine service and the VIP cars. He was concerned about customer service, keeping the airport’s reputation as the friendliest airport and the company’s experience and involvement with the community. Super Shuttle had 75 small businesses and if this contract was approved there would be 75 small businesses put out instead of just one. He thought they were doing the right thing and believed this would be approved.

Mr. Johnson questioned why the City needed a procurement process if the

Council allowed companies to decide who would do business with the City. He felt the City should follow its process to maintain their integrity and could not believe the Council would entertain the idea of doing otherwise.

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Mr. DiCiccio loved the passion he had heard, however he would not support either of the motions. He believed this should be rebid and explained he found the police report disturbing. He felt the only reason this person was no longer with the company was due to the police report and he would never vote to support a company that made anti-American statements. He would choose who he believed they should do business with if he thought it was the right company.

Mr. DiCiccio read the following excerpt before the Council: “He wanted the

lighter so that he could burn the American flag.” This type of statement would be a problem in an airport and Mr. DiCiccio pointed out there had also been anti-Semitic statements and threats to blow up a Home Depot. Those statements which were in the report were the only reason this person was no longer with that company and he refused to vote for a company who had an association of this kind. His parents came from Italy where they had been saved from the Nazis by U.S. soldiers and he would never vote for anybody who exhibited anti-American anything. Mr. Johnson explained he did not disagree with Mr. DiCiccio.

Mr. Simplot was also offended by the contents of the police report, however

he took issue with the lack of criteria required for this company to do business with the City. He agreed with Mr. Nowakowski this business was unprepared to be this City’s Shuttle operator at one of the largest airports in America. He did not even get to the offensive part, instead he felt they were not qualified to be a bidder and as a result would be supporting the substitute motion.

Mayor Gordon summarized the substitute motion rejected management’s

recommendation and supported Super Shuttle, the next highest bidder. He would continue procedurally to be the Chair however, this was a substantive area and he declared the appearance of a conflict of interest though he did not believe he had a conflict, noting if this did not pass the Council would return to the underlying continuance.

Mr. Gates voted in opposition, and believed the City should return to the

Request for Proposal process and felt additional revenues could be obtained for Sky Harbor Airport.

Roll Call: Ayes: Mattox, Nowakowski, and Simplot Nays: DiCiccio, Gates, Johnson, and

Waring Absent: Vice Mayor Williams

MOTION FAILED.

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December 14, 2011

Mayor Gordon returned to the voting body. He explained the motion on the

floor was to continue Item 57 to the January 4, 2012, formal Council meeting.

Roll Call: Ayes: DiCiccio, Gates, Simplot, and Mayor Gordon

Nays: Johnson, Mattox, Nowakowski, and Waring

Absent: Vice Mayor Williams MOTION FAILED. Due to a possible conflict of interest, Mayor Gordon withdrew from the

voting body on Item 57. MOTION was made by Mr. DiCiccio, SECONDED by Mr. Nowakowski, that

Item 57 be rejected and re-bid. Mr. Johnson thought that had been the previous motion. Mayor Gordon

also thought this similar to the previous substitute motion. He declared the appearance of a conflict of interest though he did not believe there was a conflict.

Roll Call: Ayes: DiCiccio, Gates, Mattox,

Nowakowski, Simplot, and Waring Nays: Johnson Absent: Vice Mayor Williams

MOTION CARRIED, noting ordinance was rejected and staff was directed

to re-bid with stipulations for qualifications and experience. Mayor Gordon Mayor Gordon returned to the voting body. Mr. Johnson wanted to ensure PTD had the opportunity to submit a bid.

Mr. Verburg advised that the City could not stop any entity from bidding again on this item.

Mr. Verburg thought there could be criteria to look at such as experience. Mayor Gordon questioned if that was the intent of the motion and confirmed

with Mr. DiCiccio and Mr. Nowakowski experience and qualifications were criteria which were part of the motion. Mayor Gordon confirmed with the members of the Council they understood the motion was to re-bid with criteria for qualifications and experience.

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ADJOURNMENT

There being no further business to come before the Council, Mayor Gordon

declared the meeting adjourned.

______________________________ MAYOR ATTEST: ____________________________ CITY CLERK

1214min.doc/CM/em

CERTIFICATION

I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the formal session of the City Council of the City of Phoenix held on the 14th day of December, 2011. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 13th day of January 2012. ________________________________ Acting City Clerk

invocation pledge - city of phoenix, az · appoint tom milton as recommended by mr. mattox. ......

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