something to fix however because of some prior medical issues i'm limited in how much i can lift and bend over good afternoon welcome to our december 1st formal meeting of the phoenix city council i will call the meeting to order and ask the clerk to call the role councilwoman i'm sorry here councilman decision here councilwoman o'brien councilwoman pastor councilwoman stark councilman waring here vice mayor garcia here mayor gallego we have an interpreter here with us to provide spanish interpretation elsie would you introduce yourself thank you mayor hello my name is elsie duarte i'll be serving as the spanish interpreter for today's city council formal meeting i will now take a moment to introduce myself to our spanish-speaking audience hola buenas tardes bienvenidos formal del consejo municipal thank you elsie i'll turn to our city attorney after our city clerk reads the 24 hour paragraph the titles of the following ordinance and resolution numbers on the agenda were available to the public at least 24 hours part of this council meeting and therefore may be read by title or agenda item only ordinances number g 6920-6929-s 48123-48133-48170 and resolutions 21979-219 thank you public comment plays an important role in the city council meeting and i'll ask our city attorney to introduce that portion thank you mayor members of the public may speak for up to two minutes to comment on agenda items comments must be related to the agenda item and the action being considered by the council general comments that go beyond the scope of the agenda item must be made during the citizen comment session at the end of the agenda speakers must present their comments in a respectful and courteous manner profane language and personal attacks when members of the public council members or staff are not allowed a person who violates these rules will lose their opportunity to continue to speak thank you vice mayor do we have a motion on boards and commissions yes a motion to approve mayor and city council boards and commission nominations second we have a motion and a second any comments all those in favor please say aye aye aye aye any opposed please say nay passes unanimously vice mayor do we have a motion on the reappointment of municipal court judges yes motion to approve phoenix municipal court judge nominations second motion and a second any discussion all those in favor please say aye any opposed nay passes unanimously want to thank our judges for serving the city of phoenix and we look forward to swearing in at our next council meeting i believe um for their returning service want to thank them with great testimony about the innovation in our court system and the great work that they are doing we next move to liquor licenses the city of phoenix serves in an advisory role to the state of arizona vice mayor do we have a motion motion to approve items 3 through 18 except items 17 and 18. in a second all those in favor please say aye aye aye aye any opposed please please signal nay passes unanimously item 17 is in councilman waring's council district i will turn to him for a motion after a brief comments from leah swanton good afternoon mayor and members of the council i'm leah swanson with city clerk and with me today is alexandra lang with the city prosecutor's office this request is for a new liquor license for a restaurant this location was previously licensed for liquor sales and may currently operate with an interim permit the 60-day limit for processing this application is december 11 2021. staff recommends disapproval of this application based on a police department recommendation for disapproval due to the applicant's failure to complete the required city questionnaire and for failure to pay the application fee the applicant has not demonstrated the capability qualifications and reliability to hold and control a liquor license thank you councilman waring mayor is the applicant here or representative we do not have anyone here on behalf of the applicant can i just i'm gonna make a motion to disapprove i did have one question for staff uh this isn't a like they had previous violations or anything this is they didn't fill out the form if i'm understanding it right and they didn't pay the required fee i guess my question is how did it even make it on the agenda given it seems like they must have had an incomplete application councilman thank you for your question um yes we do have um by state statute we have a 60-day limit for processing all liquor license application and for this one it is december 11th so we we did have to bring this particular one to council in order to have a city recommendation to move forward to the state okay so even if they don't do all the required paperwork uh mayor sorry uh we still have to vote on it okay that makes as much sense as anything i guess uh mayor i'm gonna make a motion to disapprove i'll second out there wonderful we have a motion and a second any council comments let's take a quick one mayor the fact that the applicant does oatmeal please go ahead councilman well it'll be really quick the fact the applicant didn't even show up for an important hearing like this is not a good sign i mean even if it's slam dunk applicants show up you know and the fact that they gave an incomplete form as councilman waring was talking about i just it's just pure sloppiness it's they're not that kind they're complicated but they're not that complicated all right well thank you mayor that's all i wanted to say thank you councilman roll call i'm sorry yes the cco yes o'brien yes pastor dark yes wearing yes garcia yes there you go that says nine zero thank you and and as i mentioned last week thank you to our staff for doing the work uh to get us to these council recommendations item 18 is in councilwoman ansari's district i will turn to her after uh brief comments from leah again good afternoon mayor and council members i'm leah swanton with the city clerk and with me today is alexander lang with the city prosecutor's office this request is for a new liquor license for a restaurant this location was previously licensed for liquor sales and may currently operate with an interim permit the 60-day limit for processing this application is december 4th 2021. staff recommends disapproval of this application due to a finance department recommendation for disapproval the applicant has not demonstrated the capability qualifications and reliability to hold and control a liquor license thank you councilwoman ansari thank you mayor i move to disapprove item 18 per stops recommendation second thank you we have a motion in a second any comments roll call i'm sorry yes decision yes yes o'brien yes pastor yes stark yes waring yes garcia yes gallego yes passes 9-0 thank you so much city clerk are we ready for ordinances resolutions new business planning and zoning yes mayor vice mayor do we have a motion hear me mayor i'm sorry i i could not hear your motion vice mayor could another okay motion to approve items 19 through 87 accept the following items 19 23 25 26 36 38 42 45 60 and 83 through 87 items 28 50 51 are continued to december 15 2021 and excluding these items for public comment 29 38 39 73 and 87 second thank you we have a motion from the vice mayor a second from councilwoman stark any comments roll call i'm sorry yes deceasio yeah yes o'brien yes pastor i apologize pastor yes thank you stark yes yes garcia yes gallego yes ss90 we next move to payment ordinance items beginning with item 19 the north american regional airports council international do we have a motion motion to approve item 19. second motion in a second from my perspective this is a membership that's well paid for itself over the last year any additional comments roll call i'm sorry yes this is you no yes yes o'brien yes pastor dark yes wearing no garcia yes passes seven two we next move to item 23 radix meta systems do we have a motion i move to approve second we have a motion and a second any comments roll call i'm sorry yes decision o'brien yes pastor i apologize pastor yes thank you stark yes yes garcia item 25 american waterworks association and annual payment authorization motion to approve item 25 [Music] second thank you vice mayor and councilman stark any comments roll call i'm sorry yes to cecil no [Music] yes o'brien yes pastor yes garcia yes gallego that says 8-1 we next move to item 26 arizona forward membership renewal motion to approve item 26. second second thank you arizona ford has been our important partner on urban waterways on transportation sustainability and so many other projects looking forward to supporting this one any additional comments roll call i'm sorry yes decision no stark no garcia yes diego that is seven two item 29 is an amendment to the pay ordinance for employee incentives do we have motion motion to approve item 29 again thank you um this item was removed from the consent agenda for public comment but i understand we do not have anyone here to comment is that accurate yes mayor that's correct wonderful council comments roll call i'm sorry yes to cco yes yes garcia yes diego yes ss90 item 36 is authorization to enter into agreements for investigative services do we have a motion motion to approve item 36 second council member questions or comments roll call i'm sorry yes decision no more though i apologize pastor starting you hear me i did hear that last one thank you councilwoman stark yes wearing yes garcia yes yes that says 8-1 item 38 is a request to enter into an agreement with the justice center for covet 19 supportive services for seniors experiencing homelessness do we have a motion motion to approve item 38 okay second motion and a second any council comments or questions roll call i'm sorry yes to cecium no yes o'brien yes pastor i'm sorry pastor yes thank you stark yes wearing no garcia yes and a big thank you to justice center for all the work that they do in the community gallego that is 7-2 the good news continues with uh 39 cares act cdbg reallocation with partners at salvation army and cass vice mayor do we have a motion motion to prove item 39 second okay we have a motion and a second and we do have mandy porter griffith here to comment so we will uh turn to comments my name is mandy porter griffith and i'm the director of phoenix family services for salvation army and i just wanted to call and thank you for your consideration in this matter and just just briefly tell you a little bit about what we do um so currently i just want to recap you may have seen in the news but we are experiencing an influx and an increase in families people with children who are experiencing homelessness this is due to a lot of different factors but loss of income crisis in the family that type of thing so um i looked at the numbers on the wait list for shelter in april first of 2021 and there were 14 families waiting for shelter and i looked at today's list on december 1st and there are 194 families waiting for shelter on the waitlist so as you can see that is a huge increase and we are seeing the effects of that in our community we have an emergency shelter here that specifically focuses on families on people with children under the age of 18 in their household we provide of course shelter and we have case management and vocational services and an amazing children's facility and in addition to that we also work with the families who are on that waitlist that 194 families we have a street outreach team that goes and meets them where they're at and is providing water food hygiene products gas cards bus tickets things like that while they wait for a spot in a shelter but our team has not increased even though that number has increased from 14 families to 194 our staffing has remained exactly the same so um we did put in a proposal to increase that and to to fund that those programs and and that's what's on the docket for today so thank you so much for your consideration and we appreciate you thank you so much mandy and please thank your colleagues for the work they are stepping up to do in a time of need i think it's a point of pride for the this council that we are spending uh more investments ever in both preventing homelessness and supporting service providers console comments roll call i'm sorry yes to cco no stark wearing no garcia yes gallego passes 7-2 we next move to item uh yes councilman just like to change my vote on that yes sorry about that that was an error on my part i wrote cameron thank you um and our city clerk will you reflect councilman decicio's support for salvation army and cass yes mayor thank you wonderful we next move to item 42 authorization to enter into an iga with maricopa county community college district for urpa workforce program motion to approve item 42. second a motion and a second thank you so much um and noting that councilwoman pastor will not be participating in this one this one was a little bit of a surprise to me because we were originally going to partner with a community-based organization on this item but now are partnering with the community colleges council member comments roll call i'm sorry yes decision yes garcia yes diego that says 8-0 we next move to item 45 the downtown camera project do we have a motion i moved to approve item 45 second thank you we have a motion in a second council questions roll call oh mayor councilman mike is down on the vote i just think that this idea of putting cameras on you know our street corner is just a bad idea a lot of cities around the country san francisco others are all getting rid of their cameras they're all concerned about the facial recognition this is one that crosses all party lines and putting them out there is something where i think we're going to end up regretting in the future i think these cameras are going to be used for other things it's going to chill protests people wanting to have their free speech that's going to chill that because they're going to have cameras on everything why do you think in china with the ugars they have had major issues they have to cover their faces even when they cover their faces now the technology literally can capture somebody on how they walk even if they try to fake their walk they will eventually go back to the their normal pace and those cameras will capture everything about it when we're losing our privacy we're losing our individual liberties because of things like this the best thing we can do as a city is just say no we can always talk about what the policies can be but future councils can always change it it's always better never to go down this path i'm concerned how these cameras are going to be used in the future and i think it's going to be a problem thank you mayor thank you councilman vice mayor thank you mayor um share similar concerns to councilman for decision i think in a time where we're being investigated for civil rights potential violations it is not the right time to move forward some concerns that we had were answered there won't be facial recognition or audio to these cameras but i still think there's the ability to chill first amendment rights and would hope that we think about this or at least wait until the doj lets us know what what they find out um before we move forward with something like this i also um asked this of the police department and the chief um i would hope that these cameras are not used for uh offenses like people without living living without shelter or other types of issues that we were told these cameras were not meant for um and i'll be voting on this item thank you additional comments mayor councilman o'brien thank you so much um is there somebody from the uh police department there to answer questions mayor this is laurie chief williams is here to answer questions she's on her way down thank you so much mayor members of council council councilwoman o'brien myself and commander brian lee are at the table to answer questions if you have them thank you so much for um being here today to answer questions can you uh tell us a little bit about the the cameras we would be purchasing with these funds please good afternoon madam mayor members of council uh with regard to the type of cameras these are going to be high resolution 4k cameras that will be installed in fixed positions and are these new additional cameras or are they replacement cameras mayor members and council these will be a combination of replacing cameras that are now inoperable as well as relocating multiple cameras that are have either reached end of life or at a point where they need to be re distributed to affect the grid because of the skyline in the downtown core that has changed over the years and how will we use these cameras to help us to for our police department madam mayor members of council these cameras will be used in a variety of ways they are very utilitarian in their purpose in the sense that they can be used as a force multiplier for law enforcement it gives us the ability that with just a small number of personnel we can manage multiple locations simultaneously it also allows us the ability to be able to remote view which can also serve as a de-escalation tool for police allowing us to be able to remote view public safety activity and only have to intercede as necessary if an incident were to occur thank you sorry go ahead i was just going to add the last thing is that these cameras also uh allow us the ability to ensure that the citizens do have their their opportunity to exercise their their first amendment rights and protect civil rights by uh not having to worry about officers being physically present at every single location and it gives us the ability to scale back our police presence in a uniform capacity wonderful thank you so much for answering those questions i think it's important for our citizens and visitors to not just feel safe but to actually be safe and part of that is you know fighting crime and in a time when we're also have a reduction in force allows us to multiply as you you just said the workforce that we do have in a safer ability both for our officers and our citizens so i think it's long past due that we replace these cameras to increase our safety especially with all the large events that are coming to our city like super bowl march madness final four and those are [Music] events that are a critical economic development for our downtown area um i would hate to see us potentially lose future events because we aren't able to protect our folks while they're here thank you mayor thank you chiefs thank you councilwoman any additional council comments roll call i'm sorry yes decision no yes o'brien yes pastor you hear me i did not hear your vote councilwoman yes thank you stark yes waring yes garcia no there you go passes 7-2 we next move to item 60 materials testing and construction and administration inspection on-call services for light rail extensions amendment do we have a motion motion to approve item 60 second any comments roll call yes pastor yes thank you stark passes seven two we next move to item 73 final plat circle k northwest corner of 19th avenue and southern do we have a motion motion to approve item 73 second we have a motion and a second we do have mark rodriguez here to provide comment mark the floor is yours okay hello mayor kate gallego and everybody at the phoenix city council it's good to hear from you all again it's because i used to live on 19 avenue in southern i used to live over there where that circle k is at and now they have a quick trip walgreens a gas station family dollar and dollar general and their little caesars over there and i used to go to john r davis over there back in the day when i was a little boy and all that stuff because it's kind of having living over here on 19th avenue and southern where me and my mom used to live but now we live in levine and all that stuff and it's kind of having fun to all of you guys to have a conversation for all of you so shout outs yes yes i'm sorry i see you at the cityscape at the downtown phoenix deborah stark ann o'brien thank you for the group card that you get that you ladies gave me betty juan gato laura pastor carlos garcia jim waring south asicio although south of cco i'm still not a fan of you dude but i respect you dude it is what it is because mayor gallego i always like to shout out to you too because i like seeing you all the time and all that stuff because thank you for that happy birthday and i hope you got your thank you card from the mail because i send you a thank you card because you know it is and now we live on this area because on levine because i live in la vie for like 12 years and i used to live on 19th avenue in southern one since i was born even though that was my birth year that was my childhood home and my neighborhood and also have a wonderful time have a wonderful day everybody thank you so much mark for your testimony and in favor of this item roll call i'm sorry yes decision yes o'brien yes and i'd like to thank mark for the card pastor yes thank you stark yes yes garcia yes yes passes nine zero item 83 and 84 are related items so we will have a joint public hearing for both i will open the public hearing we do not have any members of the public to comment so i will close the public hearing i will turn to councilwoman pastor for motions please move item 83 thank you councilman and would you like to recommend approval of the item based on the planning commission's recommendation and adopt the related uh resolution yes i meant to read that right after second any comments roll call i'm sorry yes decision yes thank you stark yes waring yes garcia yes there you go passes 9-0 we next move to the related item 84. councilwoman pastor please move item 84 with the staff staff recommends approval of the item based on the planning commission's recommendation and adopt the related ordinance second any comments roll call i'm sorry yes the cco yes o'brien yes pastor yes stark waring yes garcia yes passes 9-0 items 85 and 86 are related cases i will open a public hearing we do not have any of the members of the public here to comment so we'll close the public hearing councilman waring what is your pleasure uh move to approve based on the planning commission's recommendation and adopt the related ordinance resolution resolution that sounds good i'll second it second mayor any comments no call i'm sorry yes the cco astor stark yes okay yes waring yes garcia yes diego that says 9-0 counseling wearing do you have a motion on 86 yeah i recommend approval of the item based on the planning commission's recommendations and adopt-a-related ordinance i was going to say all that last time mayor i just wanted to see if you could do it from memory second thank you any additional comments roll call i'm sorry yes to cco yes yes o'brien yes that store yes thank you stark yes yes garcia yes there you go passes 9-0 our final agendaized item is item 86 related to the southwest corner of 40th place and indian school road uh we do have two um presentations on this one each side will have 10 minutes there are two speakers to register to speak on either side for the applicant we'll begin with john oliver and for the appellant we'll begin with jennifer johnson collier if the first speaker chooses to take all 10 minutes the second speaker will not have any time and the second speaker can begin when the first speaker yields time uh councilman decision do you have any comments before we open the public hearing no i think we should have just a very brief i think everyone's very familiar with this case i think we should have a very brief presentation from staff talking a little bit about what happened at the village planning commission those kinds of things wonderful we will welcome our planning director thank you mayor members of council this rezoning request is a request to rezone a property at the southwest corner 40th place at indian school road from r16 single-family residential and r5 multi-family to ro residential office which is a restricted commercial district that only allows office uses for a professional office in this case an architect's office staff does recommend approval subject to stipulations the camelback east village planning committee heard the case on october 5th recommended approval per the staff recommendations by a vote of 11-0 the planning commission heard the case on november 4th and recommended approval for the village planning committee recommendation with an additional stipulation by a vote of seven to zero uh the planning commission recommendation was appealed and a petition for a three-quarter vote was submitted and verified and so a three-quarter vote is required to approve the rezoning of this application and with that i'm happy to answer any further questions any questions for alan wonderful and for the applicant we have only john oliver online we will begin with mr oliver thank you mayor and thank you members of council name and address for the record i'm john oliver from tiffany in bosco 2525 east camelback road 85016. uh we've heard it from allen and we've heard it from staff the reason we're here this afternoon is we're seeking approval of the planning commission's recommendation which is to rezone the property located at 4048 north 40th place from r162ro next slide please this slide just shows the general location of the property again we all know where it's located located on the southwest corner of indian school and 40th place in the arcadia light region next slide please this slide shows uh the current zoning map of the property what we're doing here is the property located on the hard corner on the southwest corner of indian school road and 40th place is where my client studio law currently operates their business and their use that property is zoned r5 they have a need to expand businesses doing well the owners live in arcadia light and live nearby and they don't want to relocate the office so they approach the property owner to the south of them and they have agreed to purchase that property that property is zoned r16 so again their request is to rezone the entirety of the property ro just some background that's not uh shown based off the case title when we got involved in the case this summer the initial zoning request was to zone the r16 property south of the existing property 2r5 we worked with neil haddad and we worked with the adjacent neighborhood associations and we heard that in our five intensive use uh was not enjoyed was not favored so we we agreed to change our request to uh down zone the existing property to our o and then up zone the additional property from r16 to ro so that's just some background that's not included on these slides next slide please this slide will show the site plan this will show what we intend to develop what we intend to build there's a few things i'd like to bring to the attention of mayor and council the first thing is that all of the traffic will circulate off of indian school road there is no access to 40th place our parking lot does not go through the 40th place our client cannot use 40th place in in fact there's a stipulation on the case that says there is no access permitted on the 40th place and that's exactly what this site plan shows also um the property is sufficiently parked for section 702 of the zoning ordinance so we have no parking concerns my client is able to park their employees on the parking lot that they currently have and on the parking lot that they intend to build also i'd like to bring the attention of the increased landscaping on the southern boundary and also the increased landscaping on the eastern boundary uh those those will range in uh tree whip from three inch caliper trees to four inch caliper trees a few things i'd just like us to keep in mind is as as the property develops and as the use uh succeeds these trees will essentially seclude the entire property from the cul-de-sac that is just to the south of us next slide this slide shows a street view of the existing property again this is the single family r16 home that my client purchased it's just to the south of their existing building which we can see on the right hand side of this picture next slide this slide shows a proposed rendering what the project will look like when you are on 40th place facing west again we can a few things i'd like to call to our attention here is the increased landscaping those trees that we've uh agreed to plant along 40th place also i'd like us to note the modern look of this feeling building the improvement of it from the red brick that was there also the better engagement to the streetscape that this will have and just the better visual appeal to it to those that drive by off of indian school road also uh when i uh one thing i'd like to sort of keep in mind is that as i've stated this property is located in arcadia light and arcadia light is known for its perfect blend of residential and commercial uses and by that you know i'm thinking about ingo's sandwich shop and think about lgo and thinking about postinos all of those commercial uses are located in a residential area where neighbors get to walk up to it and enjoy their services and this is exactly what we are proposing here with this use and this is exactly what my client envisions for their property next slide i would just like to briefly recap our neighborhood outreach to date again as i mentioned we got involved in this case in the summer uh since that point in time my client uh studio ma has canvassed the entire neighborhood to talk to each person that lives on the cul-de-sac you know again we've sent out every letter that we've been required to we've had the neighborhood meetings that we're required to have in fact we've had additional neighborhood meetings we've had two in total again we've heard concerns from neighbors we've done our best to address those again you know why why and how i think we've addressed the majority of concerns is because we can properly retain all of our parking on site we are going to have increased landscaping on the south and eastern boundary and again there will be no access and no parking on 40th place so at this point in time i'd like to yield the rest of my time for any rebuttal that i might need thanks manager council thank you we will next go to jennifer and jennifer aaron is also online wonderful can you all hear me we can awesome thank you so much i really appreciate um our community being able to finally have a voice in this um i will tell you that i am one of the newer residents on this street and um purchased my home in july i'll tell you at that time my property was shown for one afternoon with multiple offers went much higher than the original ask and so i'll tell you that you know that to me speaks to the testament of this type of home i i purchased an original red brick home much like um the property that they're proposing to tear down and and make commercial and um it you know as of this last summer it was a very very desirable home and i think a lot of that's due to the shortage in the housing market for lower to mid-level housing and so um to me it just seems a shame to consider you know tearing something down while we have this housing shortage and there are available commercial spaces and so i can appreciate that this property is convenient um you know that they built in 2018 and you know they're expanding that's wonderful and healthy i'm just worried that in a few years they may outgrow the space still and then we're already committed to being commercial and losing that residence as far as talking about the meetings that our community has attended our village planning meeting we did have two confirmed speakers and somewhere along the way they lost track of those requests and the confirmations that were received and um we also had multiple letters written and unfortunately those didn't make the report and so um it's very very frustrating for our community to attend the village planning meeting and not have a voice or a way to participate um from from just the mishandling of of how that meeting was conducted when we went from the village planning meeting then to the planning commission meeting we were able to speak however before we were able to even present our concerns we had committee members kind of praising their studio maw projects and it just felt like we didn't have an unbiased audience to to verbalize our concerns and so here we are today um you'll see that the signatures that were signed for the three-quarters request um those are people that physically live on 40th place and so throughout this process we've looked for people in the community that support the project and want to understand you know people that live nearby that do support because we do want to understand their positions and be respectful of that in looking at the meeting agenda and just looking at the different attachments and things i do see that there were a few letters that were sent but i didn't recognize the names on them and so in the meeting attachments pages 641-645 um they do have some a carrie bloomston chris cuell oleg fortman and andy c but in doing just a quick google search with their name and studio ma it became apparent that these are all previous business contacts and they don't physically live within a few streets of the community and so this project wouldn't have a daily impact to them like the people that have signed the three-quarters request vote and so i just i do want to point that out our community still continues to be concerned about the parking issues the project that we currently do have and the way they've constructed it there isn't access to 40th street from their parking lot however their proposal is to duplicate what they already have and we have had parking issues and spillover from their business onto our street and as we're exiting 40th place it is very congested right there and we've got trees that block our visibility and so at times it can be very difficult to get in and out of our street and this is our only access point as far as looking at just the size and scale of the business and the proposal for the actual footprint of land that they're trying to put this on i have some definite concerns as far as the overall practicality of this and their longevity to be able to stay in the space once they've implemented this and so i can tell you that our community is just a very tight-knit community i know many of them wanted to be here today and had work commitments and we do unfortunately have a few that have some illnesses that are preventing them from being here but if you were to look to the signature page for the three-quarter request that is the majority of the homes on this street um that that have signed an opposition and as far as people that physically live on the street that support the project i have yet to find one and so um with that i'd like to turn over the remaining time to erin hello can everybody hear me we can great thank you and i appreciate the time to listen to uh jennifer's concerns and my concerns so i'm also one of the newer homeowners on 40th place i live at 4022 north 40th place and i purchased my home in may i like jennifer based on the extreme housing market i paid well over asking and my home is at 1.25 million dollars at the time i had no knowledge that there was a residential property on the street that was three houses away from mine that was trying to be rezoned and that would have affected um the potential and what i looked at for this small tight-knit cul-de-sac community um i also you know at some of the meetings they've talked a little bit about like the old red brick and the re-gentrification and as jennifer said our street has many homes that are valued at over a million dollars and we don't feel like this street really needs to be re-gentrified um as jennifer also said our community has experienced issues with employ employees from studio ma parking on our street in front of our homes in the daytime we also experience restaurant parking issues from the porch in the evening which has gotten better with the signs that we have we also have additional traffic zipping down our cul-de-sac we also hear garbage trucks at 4 30 a.m from commercial buildings and apartments to the rear of the home and so we're very concerned that this rezoned property will also create additional issues based on limited parking and more employees um i have attended every single one of the meeting studio ma had prior to these uh village planning committee meetings the first meeting when we had asked them how many additional desks do you have planned then we asked them how many additional parking places do you have planned there were more desks being added than parking places so i know that even though they have the most appropriate parking places they said for the space we feel like there's a parking issue already what is it going to be after this um as jennifer also mentioned the extension of the professional office building the setback even though it's within the guidelines the step back to the street it's much closer to the street it does not fit with the home so now we are also reducing our visibility to 40th or i'm sorry to indian school um a concern i have is if we set a precedence to rezone this home what happens that the home across the street is is sold and that there's a potential for that to be resolved at what point do we say okay no more no more rezoning happening in our small cul-de-sac um as i mentioned i also attended every meeting that studio ma has held and i really came into this with an open mind trying to come up with a win-win um but based on the meetings i really have to say like i'm very against this rezoning as jennifer said also we've had meetings with our neighbors and all of our we're all unanimously in opposition to this rezoning um we've had multiple neighbors that have lived here for generations uh 40 years two two houses down we have somebody that's lived here for 40 years another neighbor that's lived here for 25 years she spoke at the november meeting she was very close with the previous neighbors or the previous homeowners of this property and this property has no longer been maintained the way it was previous all of us as neighbors would rather prefer a red brick residential home than the professional office use space as they're proposing i know that they say that it will look better because of the landscaping and we we prefer a residential home to match the rest of ours um we're a quiet small street and as jennifer said there's also plenty of other commercial spaces already in designated areas that could be used for an expanded office building um and jennifer said again we did have many other opposing neighbors that would have liked to have been here but with full-time jobs they could not make a midday meeting that really wraps up what i have to share about my opposition to this rezoning thank you so much for your testimony we do have tucker blaylock now on the line so we will go to tucker i'm here can you hear me yes we can okay perfect my name is tucker blaylock i'm in support of this project um i am the owner of the brokery and we're a residential real estate company in small business very similar to studio mock um our building sits on 40th street and an infill site similar to studio mall and they're the actually the ones that built our buildings we've been this process process with them multiple times without companies like studio mob we wouldn't have the fabric of the arcadia light neighborhood such as my company the arcadia lightning hood is deeply rooted in small businesses and we don't have chain restaurants but rather highly respected businesses that need to bring their own character to the area without the likes of le grand orange and pilcino like we talked about earlier the area would not be what it is today in studio mods another move in the right direction um the use of this project is much less intense than many of the other businesses such as the porch um that back to half the houses on that street and additionally the fact that these three neighbors have paid over at me recently i like the fact that their building on the corner there that currently sits does not diminish values in that area and i don't think it will in the or out future as well um lastly a failure to disclose by the sellers of the previous homes but that was not going to be rezoned is not studio mosfal that's the seller that sold the property's fault and should not reflect poorly on studio mod that's gonna be it for me thank you uh mr oliver it looks like you have two minutes remaining if you need it thank you mayor and council i'll keep this brief i'll keep this short uh we've heard about fears of a decrease in home value i'm no economist but i'd like to highlight the property that's just south of the parcel that we're getting re-zoned was uh recently listed on redfin and zillow for sale for about 900 000 uh it was listed within the past month as of right now it's listed as pending uh the purchaser of that home would know that there is a zoning case going on on the property just north of them and i believe that you know the fact that the property is being sold as quickly as it is just highlights the fact that there's no real concern for a decrease in property value also you've you've heard how there's frustration about those who have signed on in support of our project i think we need to keep in mind that the city is meant to be all-inclusive and i think every citizen needs to have an equal and fair share regardless of where they live in just in just closing mayor and council i'd just like to um just like to state that i urge this to consider you know the hard work that's occurred with planning staff up until this point would urge us to vote to approve not only the village planning committee recommendation but also the planning commission recommendation and therefore approve this case thank you thank you we will close the public hearing this case is in council district six councilman decision do you have a motion thank you mayor i'm going to make a motion to approve and just to make a couple comments one there were some pretty strong remarks about the village because they were you know enthusiastic with this project they're just citizens uh that are on that committee a lot of them are neighborhood leaders and leaders in their own community so the reason that they're enthusiastic is because the city has always wanted to see this type of growth these types of projects and what they do is and the concerns that i get the concerns i understand it we've heard them throughout when we did the legrand garage we heard the same concerns that this was going to hurt property values well in a market when legrand garage came in it was not a growing market but the property values in that area grew so when you look at 40th street which i drive quite a bit pretty much on a daily basis people that live on 40th street are going to have a diminished value right off the bat they're going to have that regardless what other people have paid on the interior on the major roadways they're going to have a diminished value the way we have seen and the concerns just don't match the reality because the reality is when you allow these to go ro and you have other types of uses that are used during the day and then they go home at night so it's quiet at night what we have seen is an increased property value in that area because if we can keep the property values up on these arterials then you our collectors i guess 40 would be a collector then you're going to see an increased value throughout so the concerns and there's a reason that a lot of people in neighborhoods throughout the city have wanted to see this and pushed for this these types of changes because this was all citizen driven when we did this when we first got these things going like this it was citizen driven because they wanted to see something positive happen on these types of roadways that just as a general rule people didn't want to live on so i'm strongly supportive of this i think they've done all the right things in the village again the reason they're enthusiastic is that they have been trying to get these types of projects in our city and this you know live work play is something that people want to see in our community so again i support this and i've got a motion on the table to support it i'll second but you are improving this based on the planning commission's recommendation and adopted related ordinance correct councilman yeah correct correct ma'am you got it you know what you're doing it's good to have a planning a former planning director to help us through and to planning directly to help us additional questions or comments roll call i'm sorry yes the cco stark yes garcia yes gallego yes passes nine zero that concludes our agendas items thank you all who participated we next go to the final portion of our meeting public comment from residents and i will turn to our city attorney to introduce this portion of the meeting thank you mayor during citizen comment members of the public may address the city council for up to three minutes on issues of interest or concern to them the arizona open meeting law permits the city council to listen to the comments but prohibits council members from discussing or acting on the matters presented thank you and i will ask our staff to call the names our first speaker will be faith kearns followed by steve schumacher faith are you on the line yes i am we can hear you and you um i'd like i'd like to discuss the issue of sanitary for the homeless we need is there any way we can get like more of outhouses around the shelter area because uh the shelter itself is closed down at night and so is all the other places around there we need more outhouses for these people not just for their health but the sanitary of the town of phoenix and with that all closed we have a citizen petition and we have a citizen's petition and we're going to send that we're going to send to the city manager i close our next speaker is steve schumacher followed by frank urban steve are you on the line i am here yes thank you hopefully i can be heard yes we can hear you okay great thank you so much uh i just am on the line primarily to just take a minute and and publicly and formally say thank you to mayor gallego city manager barton uh the city clerk's office denise archibald and her staff as well as the other city council members for your active participation specifically in the original city flag ceremony and installation unveiling last week it was just a in my mind a tremendous example of of how the city leaders can and and should preserve our civic memories so my hat's off to you and an official public thank you for all of your participation and including me in that as well uh the other thing i just wanted to mention i'm sorry okay um the other thing i wanted to mention was that i just recognized today that the city of tempe this is their 150th anniversary as a city and they are putting together a time capsule to be opened in the year 2046. so i just wanted we kind of lost some of our momentum last year for the 150th of phoenix because of kovis but i would just encourage you and plant a seed to try to put a time capsule together to be open in the year 2045 which would be the 175th anniversary of the city of phoenix so thank you for the couple minutes and again i appreciate your involvement and allowing me to participate last week our next speaker is frank urban followed by elizabeth venable frank are you on the line uh yes i am you may proceed i would i have a petition about the sanitation here i think we need more dumpsters in the immediate area of cass because there are only two dumpsters there and they're constantly overflowing so if we could get some more dumpsters that would be great and i'll close with that our final speaker is elizabeth venable elizabeth are you on the line yes i am okay so i have a citizen petition i'm going to read you the text of it's rather short so i'll start right now okay garcia v los angeles is a recent ruling under the ninth circuit it concerns the destruction of bulky items owned by persons living on the street by cities you are clearly out of compliance with these fourth amendment prescriptions currently you are also income non-compliance with the lavon v city of los angeles uh during my last season petition you only addressed martin v boise in your response and completely ignored lavonne these are completely different rulings you cannot seize and destroy any person's property especially personal property it's blatantly illegal in one week i've heard of people having their things thrown away because of domestic abuse preventing them from moving their property in time for the cleanups similarly a pregnant woman had her things taken and trashed in front of her face because she was unable to move them these are regular occurrences even if people relinquish their belongings you cannot trash them under the law you must store them for 90 days please tell me why you are still in non-compliance with so many federal rulings stop trashing the belongings of people experiencing homelessness thank you very much that's the end of my petition while sending all of them to the city manager's office thank you thank you that concludes today's meeting of the phoenix city council we are adjourned a lot of the requirements in the building codes the evolution of the building codes is a result of past failures or events even something as catastrophic as a terrorist attack but they're designed to keep people safe and and so i i don't i understand the importance an event like 911 just taught me again