thank you and welcome to the Mesa city council meeting for January 23rd all members of our Council are present we will begin the meeting with an invocation offered by Pastor Perry Emerick of Central Christian Church Perry thank you for your service at Central we know your your ministry is coming to a close shortly but you've been an important part of our community and we appreciate all the good work that you and Central have done following the invocation we will have the Pledge of Allegiance so please stand for the invocation and remain standing for the Pledge of Allegiance yes thank you so Prince for letting me be here just want to indulge me for a moment been able to serve this community for 28 years and the last 13 as a campus pastor and I've always appreciated the support of the city leaders especially you mayor Giles and uh honored to be able to serve our community in the various ways we have so thank you for that love to pray for us as we start tonight Lord uh it's an honor to be able to serve our neighbors it's what you invited us to do to love our neighbors as we love ourselves and that's a high calling it's a difficult calling what I pray for each member of the board and us as Community citizens that we would always seek to die to ourselves and to learn how do we do this in a way that honors you and honors who you are in each of us and so Lord I pray for wisdom I pray for discernment I pray for humility and I pray for a heart to lean in and listen and really work through the hard things for the sake of this great City and so the Lord bless them in their work to do so in the name of Jesus amen amen please join me in the pledge my nation under God indivisible with liberty and justice the next item on our agenda is Awards recognitions and announcements we do have a a great Proclamation that we're going to be issuing today recognizing the 125th anniversary of the Mesa fire department uh and so we're going to hear from Chief Camellia in just a moment about the historic nature of our fire department but I I Mr Freeman can't sit back and watch this happen so Mark I know that you want to give us your insights on the importance of the Mesa fire department well thank you mayor and we see assistant chief Johnson and Marissa there as well Chief Hayes is there who else is there everybody okay thank you Chief you know I I got to be able to be hired in 1980 and during that time there was a lot of transition on an apartment and just to share with you having Medical Services in the fire department in 1980 was brand new nobody really wanted especially the fire service because they were so um Macho and they wanted to fight fires and fighting fires is really fun personally I enjoyed doing that but also the medical and caring side is is very important to our for our community and our residents and with that over the years our fire department has assembled a yearbook and I brought a yearbook here some of you might remember that from 1898 to 2003 we have a yearbook and so this commemorates our 100th anniversary maybe the fire department might do 125th anniversary yearbook for everybody to enjoy the memories but we've done so much we've come so far we have a great fire Administration I want all of you to know they provide just excellent Services out there for all the boots on the ground so with that thank you mayor thank you councilmember Freeman Mary can you come up and tell us about the significance of the 150th anniversary of the Mesa fire department mayor Jazz members of the council thank you for having us um to a councilmember Freeman alluded to we've come a long way I have a few facts here thanks to Marisa Ramirez Ramos and the Mesa Library from the Mesa room all the archives in the Mesa room we've gotten some really good information and Mary will be happy to know that even in July of 1898 mayor Le Baron was still cautioning people about fireworks and the danger of fireworks back then so that was very interesting to me that that's been going on for a long time but I have to say that in October 21st of 1898 it wasn't the first fire in Mesa but it was the first largest fire that happened here it happened at the Cosby grocery store joining passy and meds furniture store the residents were trying to put it out it's like a Bucket Brigade trying to get the water out but what happened was they pretty much were going to call the fire a loss when it got to the Johnson Brothers building the fire came to a halt because it had 17 inch brick to stop the fire otherwise the whole south side of Mesa would have burned down so from that fire the next the very next council meeting they voted that from that point forward they will not have wood structures and they will not have bonfires so it happened at a counseling that started making these changes and then after that also they decided to put a pipe system into Mesa they voted on having a pipe system that got water into the mesa into Mesa here for to help put out fires so that happened back in 1898 and that very council meeting they nominated the mayor mayor Le Baron to be the fire Warden and that's when Mesa got started in 1908 10 years later they had a volunteer fire department 10 years later is when they started paying their firefighters to do this job so we've come a long way as council member Freeman said it started out as firefighting only and today we're doing an array of activities and I'm very proud of number one that's my senior staff back here that helped run this organization we have Chief Hayes Chief Johnson Chief Lachlan Chief Smith and we have deputy director Tara cunha back there and then Marissa Ramirez is the one that put this together for me all this information but there'll be events we are going to have 125 year history book yearbook we're working on that today and then to start off the events for a 100 year anniversary on January 30th at 9 30 in the morning we will have a memorial to honor our fallen brothers and sisters so that'll happen right behind Station 201 at 305 East 2nd Street just north of the fire station there so we're thank you uh so 125 years later we have just under 500 foreign members 495 members 187 civilians that all function to make our operation run smoothly for our community and we run just under 70 000 calls so we're a busy organization and we've come a long way since 1898 but thank you for the recognition of the 125 years thank you before we gloss over Mary how many calls do we make a year just a 68 000 and some change so under 70 000 calls wow okay thank you very much well we're very proud to issue this Proclamation so Council please join me down at the podium for a photograph and present a presentation of the proclamation let's get as many uh fire department folks as we can in this photo yeah we might have to turn sideways a little bit okay [Music] sorry I didn't want to call you out oh yeah okay thank you [Applause] um again we're very proud of the Mesa fire department I had the opportunity to be on Face the Nation yesterday morning and I talked about the Mesa fire department and how we changed the name of the Mesa fire department to the Mesa fire and medical Department to more accurately reflect what an Innovative fire department it is and how the they're doing so many Innovative things so we're very proud of them next item on our agenda is approval of the consent agenda we invite Mr Christopher to come forward to read that agenda good evening mayor and council members these are the items in the consent agenda all items listed with an asterisk will be considered as a group by the city council and will be enacted with one motion there will be no separate discussion unless a council member or citizen request in which event the item will be removed from the consent agenda and considered as a separate item item two approval of minutes of previous meetings as written item 3A act on the liquor license application for Brook C Foundation One Day event February 4th at Mesa Riverview Park 2100 West Rio Salado Parkway item 3B act on liquor license application for Saint Bridget Roman Catholic parish one day event February 18th 2213 North Lindsay Road item 3C acting liquor license application for gopuff 7427 East Hampton Avenue item 3D acting liquor license application for gopuff 225 South Hibbert item 3E act on liquor license application for JJ Madison's All-American Grill 430 North Power Road item 3F act on liquor license application for the taco spot 542 West Baseline Road item 4A approving three-year term contract with two years of renewal options for water and wastewater Construction Services item 4B approving three-year term contract with two years of renewal options for water reducible allocated paint for the Solid Waste Department item 4C approving dollar limit increase to the term contracts for solid waste disposal and vegetative waste processing Services as requested by the Solid Waste Department item 4D approving one-year term contract with one-year renewal options for compressed natural gas station operation and maintenance services for the Solid Waste Department item 4E approving dollar limit increase to the term contract for fingerprinting services for various City departments as requested by the human resources and Mesa police departments item 4f approving dog limb and increase to the term contract for landscape maintenance services for the parks recreation and Community facilities Department item 4G approving dollar limit increase to the term contract for custodial Services of the parks recreation and Community facilities Department item 48 removing a one-year term contract for Sky logic systems services and support for the parks recreation and Community facilities Department item 4i approving three-year term contract and two years renewal options for landscape maintenance services for Parks protection basins and sports fields for the parks recreation and Community facilities Department item 4J approving use of a Cooperative contract with initial term of 22 months and two years of renewal options for miscellaneous construction materials for the materials and Supply Warehouse item 4K approving three-year term contract with two years for no options for refurbishment of electric distribution Transformers for the energy resources department item 4L approving dollar limit increase to the term contract for a subscription service for the hosted customer relationship management and box office ticketing system for the Mesa Arts Center item 5A approving resolution adopting the Mesa General plan 2050 public participation plan item 6A introduction of ordinance amending title 3 chapter 2 Section 1 of the mesa city code governing the organization of the City's Fire Department to reflect the name Mesa fire and medical Department add to add language describing the expanded scope of services item 6B has been removed from the consent agenda item 7A approving ordinance for zoning case 22-429 for property located east of Al Vista Drive and north of Huber Street rezone to allow for single residence development and item 7B approving ordinance for zoning case 22-546 for property located South Virginia Street on the west side of wrecker Road Site by modification and amending of approval on zoning case z07-118 to allow for commercial development mayor and council members these are the items on the consent agenda thank you Mr Christopher Ms Mosley I have several blue cards have do you have any other requests to speak on an item on the consent agenda no mayor no request all right thank you I see that uh vice mayor Heredia has made a motion seconded by Mr Thompson Mr Summers did you second it no I did oh Mr Freeman did okay I guess Kevin said here playing the role of Mr Thompson tonight will be Mr Freeman right okay so uh there's a record clear that I was Mr Freeman that seconded that motion uh please vote thank you that passage unanimously uh the first item off of our consent agenda is item 6B this is the introduction of an ordinance and setting February the 13th as the date of the public hearing on the ordinance uh this is a real estate a multi-family project uh changing the the zoning to multiple residence four with the planned area development located in the location is east of Gilbert Road and south of McDowell Road um we do have several requests to speak so again but just so folks know this is a procedural vote to set a hearing on this case for two weeks from tonight okay okay uh first I have a card from Debbie Delp indicating she does not wish to speak but indicating her opposition to the case next I have a card from John babarids you see tell me about the pronunciation barbier barbier is Mr barbier here I got it okay we're not going to do that you have to come to do that but we we will uh if he can submit that online if you're not here there is a way to do that and so we will make that a part of the record and we'll hear what he has to say uh Michelle then let's go ahead and start with Michelle mccroskey welcome Michelle hi you have three minutes okay thank you um my name is Michelle mccrosky and I thank you mayor Giles the council members of City officials when we attended the last uh study session on this project we were just a little disappointed at some of the relevant facts um were a little bit left off with that presentation and also um we we weren't really clear that things were clearly presented so Marilyn Crosby and I are here to share what you didn't hear in that study session so um you know we've heard a lot of narratives about this process about this piece of land it's worthless piece of land nobody really wants it um the only thing we can do with it is a two to three story apartment building it's an eyesore um and we've also heard that you know it's really difficult to sell because of the restraints on it Maryland is going to address some of those issues but I want to talk about what happened in our last PNC pnz meeting where we were told that it didn't matter what development was on that property ADOT would require a roundabout on McDowell so what we did is met with ADOT and we've reviewed the deed restriction and what we learned was there were other options but not with this kind of density the reason there's a roundabout and the reason is designed the way it is which I'll I'll see why that's important in a minute it was the only way you could safely handle 400 cars in and out of it that's why the roundabout is an issue so really the most important question we should be asking is is this project and the required roundabout the way it's designed in the end is that going to make our roadways safer well according to a research study by Arizona State University that answer would be no and um and and it has to do with the way it's built in fact if we build it the way they've designed they project in the research will increase collisions by 60 percent now I know a couple of you brought that up so let me read both the what the issue is one lane versus two in their study they stated single Lane roundabouts effectively single Lane roundabouts effectively just decrease the rates of accidents by 18 percent why simultaneously decreasing the number of entries by 44 great research discovered however that two-lane roundabouts had a contrasting effect on the rates of actions the study found that while injuries significantly dropped with the implementation of a two-lane roundabout kind of makes sense you know we're going slower around it the Collision rate was increased by more than a whopping 60 percent so that's six Euro percent and also residents have complain and you'll get something else about that about the number of accidents we always have we already have in that area adding 400 of our cars and a 60 increase rate of collision is a concern the good news is that we don't have to have a large apartment complex on that and I have to be honest you know all of us agree that property needs to be developed but we think it needs to be developed in a way that gives more the community than it takes we don't feel our communities should have to take the take it for the team when it comes to Traffic Safety so the owners can get a better price for their land so over the next two weeks as some of you already mentioned you're going to get some emails from people if you wrap it up your time I am I am going to look I'll wrap it up so you're going to get emails please read them carefully because it's really important and what Marilyn and I will doing is we're going to go back to ADOT again with that research we're also going to meet with City officials because we got to partner with you on this we have to we have to try to find if we can make something work for all of us so thank you very much thank you and I have to say Michelle thank you for your service as the chairman of our transportation advisor appreciate you Marilyn Crosby thank you welcome Marilyn good evening thank you Mary and council members I wanted to try to clear up a few details that we felt were I don't want to say intentionally misrepresented but we just felt like they were misresent misrepresented in some narratives that have gone on Michelle mentioned that there has been no interest in other uses for this property and that sounds like oh it just must be worthless and there's no one who wants to use it but that really isn't the case the difficulty is and we would probably be a little bit more willing to believe that if the property had ever been placed on the market so it's difficult to say nobody wants the property if it hasn't been attempted to be used for anything else now I understand that there is an individual who put forward a proposal about a commercial parking of RVs I believe okay I'm familiar with that one are you also familiar that there's a nursery that was interested in this property that there is another person that was interested with agricultural interest that there's an individual that wanted to start a boarding facility here that there's a person with a landscape business that has interest in that property a person who owns a mortuary they would be interested in partnering and putting a cemetery there okay my point is and I I can't guarantee that any of these are feasible okay I don't I don't have the ability to do that but my point is there are alternatives but we can't say that they don't exist just because no one has brought them before the city council the typical process is when a person is looking for land or a place for their commercial Endeavors or a place for their residential Endeavors they look for something that's advertised on the market potentially through the MLS or through loopnet if it's a commercial activity but that hasn't happened so I have a difficult time believing that especially when I'm having dialogues with individuals who express interest and say boy I wish I would have known that that property was even available because I would have tried to do this on top of that when we have petitions from members in our community that we circulated very very quickly in the first attempt at a petition we in a few days produced 156 signatures directly opposing it and the staff report in the study session it also mentions that there were three neighbors who indicated support well supportive what they weren't supporting the project they had if you look at their comments in the zoning hearings they expressed support for developing it into something not necessarily this so we're not trying to impede the the private property rights of an owner of a property we're just asking to please consider alternatives that might be more favorable to the community the roundabout is an issue the study that we've been citing today is an ASU study it was conducted in 2017 there was a follow-up study in 2018. there's other studies that we can present to as well because there is this assumption that roundabouts are always safer it's not the case you have to add in other factors including the fact that this roundabout exists at the convergence of a freeway off-ramp also that you have more trailer traffic that's going to be there than typical the purpose of it wrap it up your time is off I will thank you the purpose of a roundabout is to allow a vehicle to travel maintaining in one lane and that is a purpose of a roundabout trailers don't have the capacity to do that when they're making a 90 degree turn up to a 270 degree turn thank you very much for your time thank you Marilyn next is Morgan Porter welcome Morgan thank you mayor thank you council members I would like to present a different take of the view even though I am opposed I have lived in this community my entire life my family founded the community of Lehigh they have been there since the 1800s so I would like you guys to think of this perspective think of a family being there for Generations upon generations and some have had to move out and some would like to move back in the prices of real estate have gone up that is known by everybody the prices of acreage real estate have gone into the millions at the very minimum the 500 thousands and up so when you take a property that is multiple acres and you only use it for retail commercial multiple housing developments you take away the opportunity for those families that have lived there for generations to continue on that Legacy to continue on raising their families in the type of lifestyle that they want to I raised pigs when I was little you cannot raise pigs in an apartment building you cannot raise cows or horses you cannot do the things that this country and that this city started on people want to uphold the history of Lehigh the history of the community that started Mesa and that is something that should be brought into consideration so I ask you that you think of the other families in the area that would like to continue living in Lehigh that would like to continue the lifestyle that that area represents maybe that land cannot be farmed maybe that land cannot you know house trees or anything but they could house just normal single-family houses which is what it is currently zoned for you could put eight One Acre Properties you can have a couple horses a couple cows many of you have probably seen the meat prices in the area go up quite a bit having your own meat source is another way of self-sustainability having more grass grown in one area helps the environment it helps keep the air cleaner and keep the temperatures down it is a known fact that in Lehigh the temperatures are at least a two or three degree difference I'm sure many of you in Mesa and other parts of Mesa did not have your hoses completely frozen this morning when you went to water any animals and I do implore that you take that into consideration whether you vote to vote on this within the next two weeks or not that there are other types of things in the area there are other types of families than that prefer to live in a subdivision or prefer to live in an apartment this is a historical area whether that zoning has been taken off or not and there are people that have been here since the beginning of time that would like to stay there thank you so much thank you Morgan I'm no sorry we don't not a pep rally We're Not Gonna clap thank you I will note that the applicant's attorney Adam Baugh is available on the phone Council if they if we want to have any discussion with him but again I would remind everyone that the vote tonight is not on the merits of this zoning case this is a procedural vote so that we give notice to the community and everyone that we're going to be holding a hearing two weeks from tonight to consider the merits of the zoning case so so that's the issue that's before tonight uh Council any discussion before we move forward okay thank you uh is there a motion to proceed thank you Mr Freeman's made that motion seconded by council member for spilsbury please vote thank you vote is unanimous setting this matter for a hearing at our council meeting on February the 13th so I suspect uh you and others perhaps might be here for that for that thank you very much for coming tonight uh next item on our agenda is agenda item 8A uh and I think the the related to 8A is 8B so uh unless there's objection we will for purposes of voting and discussion we will combine agenda items eight a and eight B we do have a few requests to speak person so we invite Dr Gary Cloud to come forward welcome Dr cloud thank you guys you guys have a really difficult job thank you for doing it on behalf of the community here about the two decades ago um the city and atsu joined hands on a on a long-term vision and that was to develop an academic Healthcare Community think think ASU with a healthcare focus on it there um and over the last 20 years quite a bit has been accomplished within that um an Audiology program was started a dental college was started with potential College by the way that's taken half the American Indian Dental students in the country since that program started there a huge Dental Clinic the Ross barnsworth YMCA which we also share classrooms and and exercise for the students Etc a College of Medicine was started your special needs dental clinic Premier one west of the Mississippi was started out there was growth of an online school of health management and a Rehabilitation Hospital has was started and has grown to be quite large since then two Dental residency programs a micro Hospital a Wesley Community Health Center and a speech language program the nation's only bilingual by by bilingual speech language program he's seen this Village we were talking about we're thinking of places where faculty and students are going to learn and practice and learn and live and recreate again think of sort of an ASU focused on Health Care there what's the impact well um just within those clinics there we have about 60 000 visits a year approximately 900 employees are involved there 395 full-time 522 part-time out of atsu 1700 employees total across its uh we have other locations across the country economic impact is a bit over 200 million a year and it's estimated for the for the broader atsu that graduates working with underserved patients graduates so far will be seeing over a billion visits with underserved patients in a year this has been a tremendous success and the question that's really you guys are having to answer today is this a handhold thing is Mesa letting go is this is this going to last as we have chance to grow The Village or not um there's one holding on and one and asking yourself today do we let go of that or not thank you guys for your time thank you Dr Cloud uh you know I should have done a better uh job of teeing this up so that those of us who haven't been working on this case uh a lot know what we're talking about items eight a and eight B are for a rezoning and development agreement for property located uh east of Higley Road and North of Baseline Road for the Baseline Logistics Park development and I should know the council member Summers has declared a conflict off of these items and will not be participating in remote so uh thank you Dr Cloud for your comments next we'll hear from Joel Santos thank you mayor council members you know first on behalf of atsu we want to thank Ms capacity Brown Mr Opia staff the city attorney's office and the transportation department for their professionalism and attention to atsu's concerns and also to the applicant Hinds for its communication and openness to working with at still and considering the case we'd like the mayor and the council to consider what we think are five Undisputed facts first approval will mean that a light industrial use is located immediately adjacent to a college campus it will be an approval of unknown uses because we don't know what the tenant mix will be second this project is not part of a medical or educational campus we struggle with seeing how the staff makes the claim that it that that the approval is consistent with the specialty District designation and the Mesa 2040 General plan designating the area for a medical and educational use we understand from staff that the specialty campus designation of the general plan is only aspirational which means that as long as the development meets the primary and secondary zoning characteristics it can be approved even it has nothing to do with a medical or educational campus we disagree that when the voters and Council approve the general plan that the specialty District designation was essentially meaningless third the traffic problem has not been resolved you saw in the study session today the efforts to direct traffic away from Sun view one area directs traffic away from Sunview one area directs traffic to Sunview there is no impact there is no restriction on on trucks using Sun view coming in so there is no plan in our opinion that really does direct traffic away from Sun View and it was a pnz condition that truck traffic is directed to exit the western side of the site onto Inverness Avenue the fourth fact is that as you heard from Dr Cloud at still will probably not be convinced that approval is anything less than the city voiding a commitment it made to recruit ASU to Mesa the fifth point is approval by the city council today is an opportunity cost it is not only a vote to approve this case it is also a vote to deprive a future city council of the ability to decide if there would be a better use for this property consistent with the medical and educational campus specialty District attracting development to provide employment to Mesa is a shared goal however we are only eight years into the Mesa 2040 General plan adopted in 2014 and approval is quitting it is quitting on the general plan's designation of this area is a specialty district for education and medical uses so we urge denial of this rezoning based on any one or more of these five Undisputed facts I do want to make a point that we have a negotiated non-opposition with Heinz that at still would take what it could get from this development to protect the campus and one of those critical elements was that cul-de-sac that you saw in the study session without that cul-de-sac there is no way that staff or Transportation can guarantee that heavy truck traffic will not be occupying the same road which is Sun view that pedestrian students use faculty bicycle Riders use and that patients use to access the property so our our speech our presentation has always been and I know you hear this a lot about zoning cases it's a great development in the wrong location and without that agreement on the cul-de-sac we don't think that there's any guarantee that this won't create dangerous situation for staff students and faculty in the area thank you mayor thank you I also have a card to hear from Anna Macon welcome Anna mayor Giles city council my name is Anna Markin and I know this Alfalfa field really well because I have been driving around it so um here is a picture of the zoning meeting board and a vulture was sitting on it which stopped me in my tracks so that's why I looked into the plans and the the plans really scared me a little bit too there are 55 Acres of Farmland are to be turned into warehouses and parking lots and like Superstition farms and the Arizona Dairy company Morrison Ranch Tyler Ranch and so many other Orchards this field will be disappeared under concrete the vulture wasn't worried about the logistics Park plan but the um humans should be worried what does your 2050 master plan say for the city of Mesa does this need a little more sensible development this has problems and one indication is that the zoning meeting has been postponed so many times so um they're um there are problems with this uh in my mind Mesa doesn't need any more warehouses because you go down to Eastmark to Gateway Airport uh you have a lot of Warehouse spaces available uh here in the Baseline Logistics Park the warehouses are oversized they dwarf everything else that's in the neighborhood they would better fit down there with Elliot in the 1 million square foot Warehouse um the logistical uh problem um I feel was not really solved in a discussion that the council had um earlier because um I have driven around this um around this field a lot so here's the plan that would go onto this field here are three huge warehouses all the traffic would exit here from one a one one c one B uh because like you don't wanna let uh the the trucks go down um in the direction of Baseline and wrecker because you have uh change the situation you have 700 people probably living in the apartment complex here I I feel like you have not mentioned that in your discussion earlier so that increases the population uh the residential population you have 500 people in and out of ASU you have probably 250 people at ASU Miss Mark and let me just point out your time is up so if you can kind of sum up um yeah it's a huge traffic problem and you don't want you don't want um semi trucks going by those residential corner here and I feel it's too much even going out on here because that traffic light is slow slow UPS comes out here these trucks will come out here you have um a thousand people here in a residential neighborhood here all going out here on Inverness to the slow light on Higley I think this needs a lot of work people need quality of life I feel you have forgotten to factor in the quality of life because when you have like 700 people living here in 365 Apartments they need a plaza to go they need coffee they need a drink they need I don't know a break and uh you need a place to move and have the kids play so thank you factor that in please I appreciate your attention you bet thank you thank you very much photograph I know you've told that story before and it's uh the photograph a picture's worth a thousand words very cool photograph thank you uh any other blue cards on this item uh no mayor okay thank you thank you uh Mr Lake I want to give you the opportunity to to respond if you'd like to mayor council members Sean Lake 1744 South Val Vista here on behalf of uh Heinz I can give my full presentation or just specific questions at your pleasure uh mayor whatever you whatever you would prefer you know we uh can I get three minutes usually three minutes however you'd like Mr Lee Wow first time an attorney with a time limit uh mayor we appreciate the opportunity to be here we have spent a great deal of time with Heinz this project or with Heinz and at steel and the City of Mesa working out what we feel was a compromise of making a lot of changes over the many many months this project has been delayed many times not only before pnz but before Council to try to come to an agreement multiple times in discussions with with Joel who's been great to work with they've given us lists of things they would like to see changed and we've addressed those we've we've addressed and addressed and addressed and I think really we're down to the one issue which is the road and and that's nothing Heinz can do that's a city of Mesa issue we're not here to discuss a site plan of a road of whether it dead ends or doesn't dead end that's something that the city can address and work on later because it's a public right-of-way owned by the citizens of Mesa so there's not much I can do about that but this is a great project that will be a great benefit to the city I'm not going to go through here because everybody knows this case in detail and what's going on but what I wanted to point out is this business park will be a substantial benefit to the city it will create an opportunity for a lot of jobs and employment in the area it will utilize this space efficiently and effectively and the use that we are proposing is a primary use within the general plan the general plan lists primary and secondary uses and what should go here within this specialty district and both business planned employment Park Business Park and in light industrial are primary uses the general plan is set forth that these are the primary uses we would like to see here in this district and we comply with that the multi-family you voted on last time last month is a secondary use that was out on Baseline this is a primary use and it's been consistent and it's been there for a long time in the general plan not only for eight years but this ZIP property is also zoned pep so we're not changing or adding to actually at the end of the day through the use of the development agreement which is the next item there's a lot of uses that are allowed today under the current zoning that will be restricted through the development agreement through negotiation and trying to work with at steel and limit those things let me say that again a lot of uses that are allowed today the the things they don't want will be restricted through that development agreement so we think this is a good project that matters your support and we would ask that you Rec or vote in favor of this and approve this project I finished with one second left thank you very much Mr Lake great use of time thank you well with now I'd like to hear some I know our staff has been very engaged in talking with the applicant and with the university and resolving some of these questions Mary should we can you give us a a recap of where staff's recommendations are on this and and what uh if what efforts have been made to bring this the to mediate this issue yes of course thank you mayor council so we've worked really closely with Sean and and Heinz and with uh Dolan A.T Stills and Dr Cloud to really find a compromise and we had meetings with you we've had a lot several meetings with council member spilsberry some of the other council members to really walk through what the details of this project are and it essentially comes down to a development agreement as as Mr Lake had indicated where we are looking to prohibit a lot of the uses that would be allowed under the current zoning that the city attorney's office worked really very diligently with Mr Lake to make sure that we were closing any potential loopholes so that some of those uses for example warehouses cross docks those more noxious types of uses would not be allowed here and I think the development agreement has come to a a good point where we really have a a very Solid Ground so we're trying to encourage job creation manufacturing when of course manufacturing has as an incidental use as part of them warehouses so they would have warehouses but no Standalone warehouses would be allowed on this site so the city attorney's office did a great job working with Mr Lake and Heinz in putting those those terms together in that development agreement we worked with our transportation team and have come up with um potential solutions to divert traffic away from the University as director RJ had talked about down downstairs in the study session we can't guarantee there will never be a truck there but the road is designed for for you know traffic it's designed for safety it's got the median it's got a lot of traffic calming associated with it so that any of those trucks if they do go down there would go at those lower speeds so that we're not creating those conflicts with cyclists and and pedestrians so we've really worked hard with both at Stills um and with uh Mr Lincoln and Heinz to come to that compromise and so that's why staff is recommending approval of this project all right thank you Mary uh Mr Smith anything else on the development agreement we ought to know about mayor and Council the development agreement tries to encourage research and development uses and Manufacturing uses by limiting the warehousing to effectively a secondary use of 49 of any particular building and it also prohibits cross-docs both physically and also the sort of the action of cross docking and so it has a number of limitations in that and so it's an attempt to release and it does limit the number of uses on this particular on this on this property and as Mr Lake said there it is also limiting uses on a portion of this property that would already be entitled to so they are giving up some of those some of those uses all right thank you let's uh now open it up for Council discussion Mr Spielberg I'm guessing I know this is your District you've been very involved in this why don't we start with you I have I feel like I've been working on this since I started Council two years ago um I just want to say a huge um thanks to at still for having me out to your campus getting a tour you know learning about your amazing program there and your amazing University and I'm not letting go I I'm still holding your hand i'm I know that the city values you being in our city and that we appreciate the partnership and amazing things come out of your University that that bless our city in so many ways and so I really appreciate your willingness to work on this and to have those meetings and to talk through all of this as well as the developers um I it wasn't brought up in this specific presentation but there was a doubling of the setback on the west side and on the east side and there was some different um changes to the wall that would be there and I it's some other things with the green space and stuff that makes it look a little bit better and and I think that makes it more compatible with your campus I also love when I went out there that there's tons of empty land still surrounding your campus and so I see some really great opportunities for growth of your campus out there and and plenty of room to do it still that giving up this piece of land won't hurt um you know in the ways that I see it and um and I also wanna I don't know where you there you are I I totally appreciate the fact that when Farmland disappears it kind of makes us all feel a little bit sad but we live in a city with over 500 000 people and it's huge and a lot of people want to come here and they need jobs and places to live and um we as a as a council we approved this Housing Development right there as well last month and I've worked a lot with their transportation department and had tons of questions and when they were recommending approval for this case and and not recommending approval for the um the housing there that Transportation wasn't an issue for that there were there's plenty of room on that road for all of those people and so I wouldn't I wouldn't want to approve the housing there and then put them in danger because of that truck traffic so I know that that street has the capability to have that traffic on there but I do I will be I will be watching with a laser eye on our transportation to make sure that whatever we can do for that that road to direct that truck traffic going west will be done because I think that's really really important and I and I hear that concern um I just think that when all is said and done that this makes sense to put this development here so I will be supporting it thank you Miss Pillsbury other discussion yes Mr Freeman thank you council member for your words there's one street segment that I'd like to address and that's Slater South Slater Street will that be impacted how and if because you have some views Slater and Sunnyvale and then obviously Higley to the West and what type of street is Slater is it gonna because some of this what I saw in some of the detail was some of the streets empty right to Slater and is it a Mary do you want to tackle that or should we bring transportation in for that okay RJ or RJ yeah I just like an overview of Slater see if it'll handle any truck traffic that might go through there because it's a really short Street segment and there's no stoplight there correct council member mayor um Eric guderian Deputy Transportation director I'm trying to find a site plan really quick but I believe that there is a driveway that lines up with Slater there are no planned improvements with this development to to widen Slater and there is there is no traffic signal out on the Baseline so Slater will continue to be you know really a commercial local Street a commercial local Street okay I just didn't I didn't know the impact that would be for that short streak segment and obviously if there's an exit entrance to the proposed Logistics Park that had come right on Slater and it'd probably be used maybe a little bit heavier because it's a shorter distance to Baseline to go west to Higley and then to the freeway versus using the Inverness route but I suppose that can be managed in the future yes by putting up no truck traffic or large truck traffic sign thank you that's all I have okay thank you Council any further discussion um you know I I also have been involved in a lot of discussions about this this property and the reason I was anxious to get involved in it is because I wanted to be an advocate for at still because I am I'm thrilled that we have A.T still University in the city of Mesa it really is a point of Pride uh it's a it's an amazing it's a medical school and a dental school and a physician's assistant school and I'm leaving out you know hygiene dental hygiene it's it's just uh has a very impactful institution in the world and then their their focus on on serving the underserved is uh is more than admirable and so I I want to do every as lawyer of Mesa I the last thing I want to do is anything that's not supportive or uh doesn't double down on our relationship with at still so from the beginning I've been encouraging at still to say please come with it and identify everything about this project that might possibly you know be be anything less than 100 compatible with your mission and you continuing to grow and and accomplish the things you want to do so I do appreciate uh at still engaging and they're they raised some very legitimate concerns uh having to do with with the signage and the Ingress and egress into their campus and having robust Landscaping buffers and and increased fencing and you know all of the things that you would want to do to make sure that this area is presents and feels like an academic environment as opposed to a business you know a campus that's misplaced amongst a business park that we don't want that and so I and I appreciate staff being very sensitive to that and making a lot of recommendations so that that's what the ultimate goal here uh and I my understanding is that all of those concerns have been resolved with the exception of guarantees having to do with with traffic and with safety that's obviously also a very legitimate concern and and I want you to know that that I and I think our staff shared that yeah uh you win we don't want to have trucks and bicycles and pedestrian students interacting with each other uh and so we need to defer though to our traffic department who are the experts in helping us to accomplish that and and the the ways that I think having a public street that doesn't connect to another public street is not good traffic planning uh and as our Traffic Engineers have pointed out and so there but there are many useful uh engineering ways to uh to accomplish those goals and to to mitigate traffic and to discourage truck traffic and to make it very close to Impossible you know having a median that that prevents traffic turning in the direction of the campus certainly it seems like a good solution so the entire traffic plan here that we're not voting on a traffic plan tonight that is still to be determined and that is still being worked out and I would I hope that at still will continue to be in the room as we work out the traffic plan uh but I know that that we are committed to A.T Still's goal which is to have a safe environment for your students and for the traffic that comes into to the university and I'm convinced that we're going to be able to do that I don't know that it's going to result in the double cul-de-sac that that is your preferred solution but I do know that we'll find something that will be that will accomplish that goal so that's why I'm comfortable moving forward tonight and voting in favor of this zoning case uh is there any additional discussion Ms Duff I'd like to just make one additional comment I highly regard A.T still and like the mayor and the rest of council certainly hold out the hope and you know the desire and the work to you know attract that um medical um compatibility that you seek a couple of things that affected my decision is that it's been on the market for 15 years in 2007 there was a case for a hospital in it it didn't go through it failed not on the behalf of being turned down it just didn't come to fruition so during this time there hasn't been any buyers developers wanting to turn it into any medical and when the um property owner opened it into entertaining maybe other uses this did come to forward very quickly another consideration is I believe that the property to the West on the other side of the UPS a facility is on by banner and so there is some land there that is still owned by a medical facility and um so I'm hope for the best in the future but and property owner writes after all these years um I wish it had happened and it didn't and I just feel like um it needs to go forward at this point so thank you thank you very much if there's no objection I'll call for one motion to approve both 8A and 8B I see that Mr Freeman has made that motion seconded by vice mayor Heredia please vote thank you that vote is six eyes with the council member Summers uh abstaining uh and again thank you uh doctor we appreciate you and look forward to working with at still to to have the best outcome possible in that in this area uh an item item 9A is to conduct a public hearing and take action on the appeal of the Planning and Zoning board's approval of the site plan and Zoning case zon 22-829 Mesa self storage for approximately 1.3 Acres located east of Country Club Drive on the south side of Broadway Road I declare the public hearing open this is an appeal that was filed by Mr John Conover so we invite Mr con Conover to come forward please come forward Mr Conover thank you okay thank you please hand them to the staff thank you Mr Conover we will uh be receiving your uh your handouts as you speak thank you very much no I appreciate it um so I think you guys are all semi-familiar with the proposal here it is for a self storage and um my uh today I'm going to present uh why this site plan is should not be presented I don't know Mary are you able to bring up the site plan the current site plan as is because they're currently uh proposed I don't think we can do that just so you know okay it's right here it's right here and it's on your handout but it's just super small so it's just difficult but um the current site plan as it's currently presented is as currently set for approval is not legal it is not safe and it is not common sense first of all the big concern is it is not legal in order to be legal it has to be zoned properly so um I do not believe that proper protection has been built into this site plan and it must be continued it should be continued is what um we are asking Corey the denial of the current higher plan to be and to be continued basically this is a multi there are three zoning districts it's mixed zoning and um it is db2 GC and Li so two of the three zonings do not allow for the proposed use what they're doing is they went and they offered to get an interpretation of the zoning and Mary was so kind to do that and I met with her directly in regards to the the interpretation that we've just barely received so it hasn't been very long that we've even had that and I'm appealing that to the boards of adjusters the board of adjustment because it is a legal matter the board of adjustment is the pseudo uh Branch that's going to be taking care of that but the issue is can you have uses that are not approved because they are auxiliary auxiliary uses and the mzo code chapter 11 87 articles two three four and six and sections 11-30-1 and 11-33-3 and 5 specifically addressed that and the interpretation that was recently given was that if it is one single parcel that the auxiliary uses can be subsidiary secondary to their primary use so you can use this for other stuff for Self Storage that's not Self Storage directly but it's needed in order to have a self storage so one and we met with earlier the president brought up the thing well don't you have to have these in order to have a self storage and then they said well yes but we're going to go ahead and approve it because you know we're going to allow it because it's the same parcel and Miss Brown's comment when I asked Matt with her she said the reason as he alluded to the reason that I approved this or said it could be auxiliary uses is because it was one parcel and so therefore because in the code it alludes to one parcel well if you look it up it is not one person one parcel the site plan as currently given if you look it up is not one parcel it is 139-39-024 and it is 139-39-0398 it is not one parcel therefore according to what she said it should not be approved at its current condition because it is not one parcel there is mix zoning therefore is a violation of MCO chapter 711-3027 that's why it's not legal my second one is it's not safe as proposed so the res reason I'm here I love zoning but I also have a little house that's right here okay I'm a little house that's right next to this big proposed storage facility so mayor I don't know I've served at pasta Cristo I'm sure you guys have all been to the soup kitchen there you know this area right there's a large homeless population right as chairman of this new uh the neighborhood and the Housing Development this area does not need more Self Storage there are Self Storage all around this area what this area needs is affordable housing for the homes it is perfectly for container homes or it is perfect for that that's what it should be used for I might might in my personal opinion having lived here in Mesa and knowing this area but the problem that this area not only is it not prevent presenting affordable housing it's creating homeless danger zones in this area they are proposing to the way to kind of shelter those crazy little houses right next to this huge storage they're going to create this alleyway do you guys know what an Alleyway will do in this area do you have any idea the danger that we are creating in Mesa we are getting rid of Alleyways because we know the crime we know the dangers of Alleyways why would we approve another Alleyway in a in a population area like this this is not good zoning this is not safe it's not safe for them it's not safe for us when we brought this up to the council and we said what are you doing they said well this is the best we could come up with and then the condition that the the that they gave was well put like Gates you know that are like you know that block it off so they can't get in are they going to get in come on are they going to get in are they going to get trapped even it's a danger zone and should not be approved the site plan is not safe thirdly it's not common sense for one thing having this whole thing it doesn't make sense but on a more legal matter it's not common sense because what they're doing is they're saying you know what we can circumvent the proper use it when you have mixed Zone what are you supposed to do you're supposed to get a cup right that's what you do so that your zoning is consistent they're trying to circumvent that process of getting the Cup by saying well we can just do like a lock combo instead of doing a rezone so the implications of that are are are significant if you think about like for example if there's an industrial part here kind of like the you know what they're talking about or the example that Mary used in her um interpretation was this ocean project where there was industrial next to agricultural type of thing well what they're saying is that if we combine these Lots we can still have our industrial and we can let's say a byproduct of our industrial is sludge we'll dump the sludge on the agricultural as an auxiliary use because we combined a lot therefore the auxiliary uses subsidiary to the primary use and therefore it can be used for something that it's not zoned for thank you Mr convert I've allowed you to speak longer than your team I know it's only three minutes because you're you're the app you're appealing and these are all new separate legal arguments so I I wanted to respect that and but if you could please wrap it up now absolutely thank you and I apologize for going on my one comment is so I'm appealing to the board of adjustment so if think about this today if you approve the current site plan and the developer has an approval to move forward they can approve permits and second start pulling permits legally if I win the appeal and they redact and say that this interpretation is not accurate well then what are you going to do with the with with the developer who already has an approval and they're trying to get permission we're already approved so it's kind of premature what I would ask is that we do a continuance or a denial of the current site plan because for these three reasons we let the board of adjustment rule on theirs because they're actually the ones are going to rule on that issue and then we come back and we can make a ruling here all right thank you very much sir uh at this time are there any additional blue cards on this item I do have one from the applicant Mr Pugh so I'm going to have him I have no further okay thank you very much we'll invite Mr Pew to come forward welcome Mr pube thank you very much mayor council members Ralph Pugh at 1744 South Val Vista Drive Suite 217. thank you for a few minutes to share a couple Thoughts with you tonight I represent DxD Capital who is the applicant in the site plan case on this property the property is zoned downtown business district 2. the self storage is a permitted or an allowed use in that zoning District so we've applied to the city for site plan approval under your zoning code the planning board has authority to approve site plans it's a rare occasion when they come to you they come to the council through an appeal which is what's happened here tonight Mr Conover has appealed the decision of the Planning and Zoning Board to approve a site plan and that appeal mayor and council members was based on three things one the explanation he just gave relating to multiple zoning districts on this project the zoning administrator of the city of Mesa is the person charged with the responsibility of interpreting the code you would think that that interpretation would reside with you as council members but it truly doesn't it resides with the zoning administrator and then ultimately the board of adjustment so that issue on appeal council members should be set aside it's not a valid purpose for this appeal that process will be handled through its ordinary course of interpretation his second reason listed in the appeal not stated tonight but listed in the appeal was that the citizen participation plan was somehow faulty and not complied with at your Thursday morning meeting City staff went through that process very clearly an outline for you everything that was complied with the notices all that was required to be done to notice the the public hearing on the site plan the third and last point of his appeal related to the fact his claim that the Planning and Zoning Board did not Place conditions upon the site plan approval that would protect his property rights in the adjoining house that issue council members is very curious because to this point we have heard nothing about what he wanted to be done to protect his property and what could have been done was very minimal anyway this is a site plan approval it's not a zoning case so our plan complies with the site plan requirements it's recommended for approval by the planning staff it was voted on to be approved by the planning board and its appeal to you tonight we urge you to please adopt the decision of the Planning and Zoning Board to approve the site plan because all of the three reasons for its appeal are not met and are not satisfied tonight and in fact we've added the condition of the gate that you have on your diocese tonight which is another indication it would do what we can to make this as compatible as possible so with that mayor we urge your support of the Planning and Zoning Board decision be happy to answer any questions you might have about it thank you Mr Pugh Miss Pillsbury I have questions I don't know exactly who do you have any questions for Mr Pugh or should we ask them just yes I guess you would maybe know the answer to this too when is the board of adjustments decision going to be made and what does happen if the board of adjustments don't agree with the interpretation so I don't I'm guessing you could answer that but maybe Jim I have thoughts but I'm sure Mr Smith does too yeah why don't we excuse Mr Pugh and we'll invite you back yeah thank you yeah and I was just looking at it and we were just talking for a second ago then is that under the city code under 11-77 for that that the proceeding would stay any permits until the board of adjustment would make its final decision but I'd also suggest that Council wanted to move forward tonight that we would add um I know staff has suggested a fourth stipulation but I would suggest that we'd add just for an overabundance of caution that we add a fifth stipulation to that says something to the fact that approval of this site plan is contingent on the board of adjustment upholding the zoning administrator's interpretation and so that in the event that it's overturned the the interpretation then automatically that the site plan is not approved and so I can restate that that stipulation that stipulation they can't proceed until that's done right okay so okay and so at this point we don't have an appeal to the board of adjustment on that interpretation just as an FYI all right Mr Conover is that contrary to your understanding Mr Conover why don't I did yeah I think the same this is a legitimate thing we need to figure out uh so yeah stayed into the microphone what you have to say just so everyone can hear okay thank you I appreciate it um I've only had a few days since the interpretation was given I had to figure out what a board of adjustment is I had to figure out what to do it they were so kind when I met with them to give me on Thursday I met with them with Josh and with Mary and they gave me the appeal process on Thursday Friday work closed today's Monday I've been preparing for this I have not had time to actually physically file it got it it will be is it too late for Mr Conover to do that the interpretation was formalized on January 11th um I will need to ask Rachel if it's too late for that appeal 30 days is what my attorney says well because that's I wanted to make sure we weren't going if we approved this that we were going to do something that then would like like you state in your letter that that wasn't going to be a problem yeah if it's approved it could be messy with the board so while you're looking that up if I could ask um the the to talk about it not being safe and that you don't like the alleyway in the gate you did say you'd want to have housing there which I'm thinking that also maybe isn't where people want to live if it's not safe right but let's say there was a multi-family housing project behind that house what would you want to separate your house from that apartment building yeah it's a really good question and I've been looking for other remedies to that when you have a strange situation like that what can be done I would like some suggestions of of better Solutions because I think that Steph thought they were helping the situation by putting in the gates and stuff and that's not what you want and we haven't I haven't heard from you um what conditions of approval you're looking for so it seems funny to put in a condition that isn't what you want or what you would like to have for safety mayor and Council yeah we looked at it from a septet standpoint regardless right because you have to have a setback otherwise you're gonna have a building on top of a property line so there's going to be a setback so the question is is better to have the space between the storage unit and the home that's open or to control it with Gates and so that's where the staff came up with conferring with our you know uh police department staff about how do we prevent crime through environmental Design This was the solution that was being proposed so that's it's either this or just it's wide open because otherwise you can't have otherwise you have to have the building on top of the property line which doesn't work because you've got to have that space that setback between the two buildings it was just staff recommendation Council to suggest that condition I think that's what we're recommending but obviously Council doesn't have to approve that recommendation we were just trying to find a solution to that concern of that space okay thank you thank you Mr Conover thank you uh staff I think will help you with the the process and the deadlines for that appeal other discussion yes councilmember from where we are tonight it is not about the interpretation it is just about affirming or denying planning and zoning's decision on the site plan after if we move forward on this I believe then he can go to a board of adjustment and then have a different interpretation if that's possible would have a you know a reading it's not for us to make that interpretation so from the board of adjustment Mary maybe you can help me with this if that is presented and found differently than what's presented and interpreted then it would come back to council or it would not it would depend oh sorry mayor council it would depend what was reproposed by the applicant if they wanted to go through with the different process to do the same user if they wanted to change the use so it would depend if this would come back to council or not well let's be careful let's be clear for the council Mary Mary Council I believe in you don't want the City attorney correct me on the merits of the board of adjustment appeal of the interpretation once the board Joseph makes a decision it doesn't come back to the council this applicant then would have to refile for some other change on the property to remedy their issue but as far as the interpretation itself it would not be it once it goes the board of adjustment it doesn't come back to the council so then the decision would be made final at the board of adjustment yeah well there's a third pill yeah right and that's why I would suggest adding a fifth stipulation so that's very clear that that this approval if Council were inclined to approve the site plan tonight and if um and affirm the planning zoning board's decision that it was clear that if the board of adjustment didn't uphold the interpretation or found that the site plan does not comply with the city code that then that the site plan was not approved and so effectively they'd have to come back with another process the applicant you can go to the board of adjustment if you want to appeal that's would be to you know your decision and so I'd like to make a motion to affirm and modify the decision of the Planning and Zoning Board by approving the site plan in as Zeo and 22-00829 subjects to the three conditions of approval approved by the planning and zoning board with an additional fourth condition of approval that is stated on page five of the staff report and a fifth condition as stated by Mr Smith or would you like to say that for me could I stay there in full here I've revised just a little bit you gave me a few minutes so I kept revising it okay approval of the site plan is contingent on the board of adjustment upholding those zoning administrators January 11 2023 interpretation and compliance of the site plan with the zoning code I would like to make that motion well said council member I think there's some that thank you so we have a motion uh from council member Duff seconded by vice mayor heredy I think there's some additional discussion Mr Summers you know I I just want to bring up that first of all this is just a site plan review so we're Limited in what we could do and we have an interpretation that was made by the property Authority that this was an appropriate interpretation of the zoning code so that is all we can vote for what I do want to say uh Mr Conover Mr Conover you're probably the first person uh that I've heard from that would be a neighbor to or your recommended use of housing affordable housing or housing that would assist in transition and I just wanted to compliment you for that so many times this board this Council has to fight uh to to find places that would be appropriate for that type of Housing and your willingness to accept that is to be lauded so I thank you for that but the vote today is simply on whether the site plan is is properly interpreted and that's that's what we have to vote on so thank you mayor thank you Miss Pillsbury sorry I just still am a little bit about that condition we approve this tonight we put in the alleyway with the gates whether the homeowner wants that or not correct and so everyone's comfortable with it I'm I'm totally good like you said we're not voting for anything else but we are voting for something that they're not wanting well let me respond to that I feel like it affects him more than yeah the the question is how do we best uh prevent Mischief in that Alleyway and uh our design folks have said there's there's septed you know uh standards are what you look to to design things to prevent crime and and according to septed standards this is the best solution it's not ideal and that like Oregon crying prevention through environmental design okay thanks for all the people who didn't know the alternative would be a zero setback and wait but you can't right you have to have some separation between properties for a lot of reasons but you know Public Safety may be one so there's going to be a setback right under any scenario and so the question is if you have a an Alleyway a space between what is it a three-story storage unit and a single-family home and unfettered access to go back and forth I mean that's that's a concern right and so we were trying to figure out a way to mitigate that and and all we're suggesting is that I think with the sept head what the crime prevention officer suggested is gating it and trying to secure it so you don't have that um we're under the um assumption that they looked at all options and that that was just the best one are there other options like I think I wasn't in that conversation but I mean you think about it it's a space between two properties right so I'm sure there's a backyard probably right so this would be between the backyard and then the fence of the storage unit first side yard you have the site yeah it's pretty small right so maybe between a side yard and then an Alleyway and then the fence do we not have it yeah and this is not a traditional single family home it would be between a yard and then the fence it wouldn't be between the house and the fence it would be between the yard fence and the storage unit fence yes and Mr Hanover does you do not have any you're not suggesting anything different than that okay it's like literally like less than 10 feet so it was your house 10 feet from the back it's on slide nine I think we can see it on slide nine of the presentation it's the landscape plan but I think it shows the setback ratio is that correct it's there's 50 and and property line they have 10 feet of landscaping in between a screen wall that the applicant is proposing on their property and the neighbors chain link fence there so that's the portion that we want to secure off slide nine it shows the house a wall a 15-foot setback and then the storage or noise I don't know what I'm looking at what is this is that their yard is that just is that the alleyway does anyone see this I think staff is pointed up on the big screen that you sit back here this is yourself so this is their yard and then this is the nearest building there well yeah Mr Summers thank you mayor well their staff is pulling this up just I've had experience uh working with other entities on crime prevention through environmental design these are nationally recognized uh and proven ways in which to reduce crime does it eliminate trespassing in this situation probably not will it reduce a significantly very much likely we Institute crime prevention through environmental design uh working with folks in the convenience store industry we're seeing a high rate of crime beer runs for example by instituting SEPTA principles for those entities about two ten years ago we saw a significant reduction in crime so I'm pretty comfortable with utilizing these principles to help reduce crime in trespassing on in this situation thank you foreign Bayern Council while we have a moment where they're pulling up the slide I'd also like to just correct me something Mr Conover said for his benefit although I don't represent him I believe he has 15 days to appeal he can look at 11-77-3 and so I think you would need a file the appeal just sort of quickly again I don't represent him was by the 27th I'd hate for him to miss that opportunity because of a misreading of the of an ornament so if he wants to make the appeal he would just need to do it sooner thank you you got that Mr Conover calendar days are business days yeah so uh calendar so the yeah calendar and the 27th I believe is is his deadline okay thank you Rachel trying to blow this up here as much as I can so you can see it so so currently there's the 15 feet between the building and Mr conover's property here so there's a five foot sidewalk and on the side of that they are proposing an eight-foot screen wall the applicant is that kind of goes along the sidewalk and up and around the property owner has a chain link fence surrounding their property right on their property line so there's 15 feet of landscaping that's proposed in between here to buffer this resident from the development so what we are proposing is that there would be a gate to secure this area so that the applicant can still get in and maintain all this Landscaping but it wouldn't be accessible to anybody to get in there and and hide or how high of a gate at least six feet is what we we're proposing on both sides well this was already this one is already um because of the way that these two walls meet it's already secure on this end where is it secure I think it shows it on a landscape plan better than this but it yeah I know I just see trees okay I just hate to do something that then puts them in a bad situation but I don't know what the other option would be yeah I feel the same way we all know this this neighborhood well this is pasta Crystal and there is a large homeless population and you can pretty much count on you know people are going to look for opportunities for urban camping and uh so I have no doubt that some people will try to do that here so but but I an alternative doesn't seem obvious to me so I think Mr Conover your your tenants are going to have to be uh we'll probably be calling the city of Mesa saying hey there's a homeless encampment behind my home so that's going to be an issue uh thank you Mr Pugh I just want to give you another uh opportunity if you have uh if you'd like to respond to anything that's that's come up since your your last opportunity at the microphone mayor thank you very much um it is just interesting to me to be talking about alternative uses as it relates to something else on the site this is a permitted use in the db2 zoning it's that simple and so this is a good condition to add with the gate we agree with the stipulation that Mr Smith has crafted for you that's probably exactly where this is headed and the board of adjustment will determine whether or not the decision of the zoning administrator is a correct interpretation of the code and then based on that outcome we'll see where things go did you have something to clarify on where the gate is or how you felt that worked uh we'll just want to talk about kind of the safety measures that we typically do take we do have information on the safety measures that we've implemented if that's important to would you like to hear that yeah come on and introduce yourself to the council please thanks mayor council hi my name is Cameron pactanat the applicant um just want to talk about kind of the safety that we you know it's a major thing for us to make sure that the building is secure not only for the surrounding neighborhood but also for our customers who trust in us to store their goods um what we do for this is we typically have well-lit areas so that it's very difficult for people to encamp or try to stay with you know without being permitted because it's a residence next to us we don't want to have lighting obviously in the house but we do make sure to have lighting you know proper lighting around the building we also do video monitoring and to ensure that if there is any type of trespassing or anything that we can be vigilant to that and again make sure that not only is the surrounding neighborhood safe but also the inside of the building and the final thing I will say is uh you know one of the things that really does keep an area safe is development and bringing life to an area and that's you know we do drive by the area uh pretty because we're excited about the project uh pretty often and we do see that there are people uh in camping on the site and on the corners of the site and if there is a development and a substantial one that we made sure looks beautiful for the surrounding drivers and passengers but that's another safe element to it as well with trees well lit security gates security cameras it really ensures that I believe that it will be as safe as it could possibly be thank you yes Mr Summers I'm just curious are you aware that you as a business owner that you can hook those cameras up to Mesa police's real time real time crime Center no but that's you are now yeah exactly that's great thank you Mrs thank you I'll just add that that there's not a perfect solution here but the fact that this is not going to be Pro this is going to be property that's going to be very actively maintained and it's a they're building this as a secured location and so there will be on-site management they will be walking the perimeters of the property they will be lighted and covered by cameras I think it probably really lessens the opportunity for for mischief and for urban camping to be occurring there so that that's impactful to me all right they Council any additional discussion on this thank you we have a motion uh a lengthy motion between Ms Duff and Mr Smith and a second please vote thank you that passes unanimously next item on our agenda is items from citizens present item 10 as mostly do we have any requests to speak request mayor council do you have a that concludes the items on our agenda is there a motion to adjourn this meeting thank you Ms Pillsbury and Mr Summers all in favor please say hi hi thank you we are adjourned thank you [Music]