uh good afternoon and welcome to the Mesa city council meeting for October the 16th of 2023 uh downstairs we pointed out that a lot of us are wearing purple today uh that's not an accident uh that they were wearing purple because tonight because October is De domestic violence Awareness Month in the United States an average of 24 people per minute experience stalking or physical abuse by an intimate partner that's more than 12 million people a year we are wearing purple to show those impact by domestic violence that they are not alone I'll be presenting a domestic violence awareness Proclamation later in this meeting and staff will provide information about an upcoming Community event that will be held later this week uh we'll now begin our meeting and I will note that all of our Council are present we will begin our meeting with a moment of silence followed by the Pledge of Allegiance so I'd invite you to please stand for a moment of silence followed by the [Music] pledge thank you please join me in the Pledge of Allegiance I pledge aliance to the of the United States of America and to the it stands one nation God indivisible withy andice for all thank you next item on our agenda is the consent agenda we'll invite Miss Lily King to come forward to read the consent agenda May council members these are the items on the Cent agenda all items listed with an asri will be considered as a group by the city council and will be enacted on with one motion there will be no separate discussion unless a council member citizen requests in which the event in which the it item will be removed from the Cent agenda and considered as a separate item item two approval of me of minutes of previous meetings as written item 3A act on liquor license application for Fairway Market 340 West Brown Road item 3B act on liquor license application for 180th field artillery regimen Association two-day event November 10th and 11th 4815 East Main Street item 3C act on liquor license application for ultimate imaginations 2-day event November 3rd and 4th at the Northeast and West Corners of West pepper place and McDonald item 3D act on liquor license application for Oregano's Pizza beastro 11:30 South doson Road item 3E has been withdrawn by the applicant item 3F act on lier license application for j& M2 Chinese restaurant 1035 North Ellsworth Road item 4A approve contract for general for Central Mesa sewer inceptor construction manager at risk guaranteed ma maximum price item 4B approve using the Cooperative contract for the purchase of one heavyduty back ho loader for the parks recreation and Community facilities Department item 4 C approving corporate contract use for the four-year term contract and three years of renewal options for stadium lighting lighting control systems and sports and video and sports video broadcasting equipment for the parks recreation and Community facilities Department item 4D approving use of corporative contract for the purchase of two heavy duty trailers for the transportation department item 4E approving contract to purchase broadcast and audio video equipment for the city council chambers as requested by the public information and Communications Department item 4f was was withdrawn by the applicant item 4G approving a three-year term contract with two years of renewal options for utilities utility locating services for the energy resource department item 4H approving dollar limit increase to the term contract for uninterruptible power supply maintenance repairs related Services equipment and parts purchased for various City facilities item 4 I approving resolution authorizing the mayor to sign an addendum to the employment contract with the city clerk item 4J approving resolution authorizing the mayor to sign addendum to the employment contract with the city auditor item 4K approving resolution authorizing the mayor to sign entum to the employment contract with the city attorney item 4 L approving resolution authorizing the mayor to sign entum to the employment contract with the city manager item 5A approving resolution to enter into intergovernmental agreement with the city Phoenix and maroba County for the distribution of Grant funds from the Edward burn Memorial Justice assistance grant program item 5B approving resolution to enter into agreement with with meta to accept a contribution that will be used for naming rights with within the idea museum for the new idea lab by meta to be constructed and to expand free emission to underserved families in Mesa item 5c approving resolution to accept expend expend and distribute Grant funds from the federal HUD continue of care shelter plus care Grant to provide rental assistance and related administrative services in partnership with State the family item 5D approving resolution to enter into a subrecipient agreement with a new Lea for a grant of Corona virus local resource and Recovery funds for the East Valley men Center Bridge housing project item 5e approving resolution to enter into the seventh amendment to enter into Seventh Amendment to the development agreement for the grid generally located in the southwest corner of Main Street and pal maroy item 5f approving resolution authorizing the issu issuance of sale of General Bond obligations series 2023 item 5G approving resolution authorizing the sale execution delivery of utility assistance Revenue obligations series 2023 item 6A introduction of ordinance for zoning case 23- 469 for property generally located west of Power Road on the south side of Main Street reson with a bonus intensity overlay Council use permit and site plan review to allow for a change in a use from a hotel to Social Service facility item 6B introduction of ordinance for zoning case 23-14 for property General located south of Main Street and West of Ellsworth Road reone with a planned area development overlay in site plan review to allow for a multiple residents development item 7A approving ordinance proposing amendments to Chapters 5 6 7 8 31 58 86 and 87 of Title 11 zoning ordinance of the mesa city code pertaining to drive-through facilities pickup window facilities and drive up ATM teller Windows item 7B approving ordinance proposing amendments to Chapters 4 5 6 7 8 10 30 31 33 86 and 87 of Title 11 zoning ordinance of the mesa city code pertaining to land use development standards and other issues item 7 C approving ordinance proposing amendments to chapter 69 of Title 11 zoning ordinance of the mesa city code pertaining to site plan review item 70 approving ordinance regarding zoning case 23- 355 for property located east of signal be road on the north side side of Guadalupe Road item 8A approving Subdivision plat Commerce core East condominiums for property located west of Ellsworth Road on the south side of Southern Avenue and item 8 B approving Subdivision plat Falcon Field executive hangers lease hold condominums a condom plant located north of mop Road and West of Higley Road mayor and council members these are the items on the consent agenda thank you Miss King well done uh I did note that 7A uh I Mr Brady there were a few that that needed to come off right per coun also went liy to may you just read into the record to be sure 3G for a liquor license for commandment of Air Force it's a one-day event and also there was an addition 9A um it's a bingo application for et Consulting uh doing business as pal Soul Community um for the Bingo application for 9A just to Mr Smith that those need to come off of the consent no those just we make sure they're read in we just want to make sure they're read into okay and they were so 3G and 9A are on the consent agenda 7A which was red needs to be taken off the consent agenda because we have several cards to speak all right okay so 7A is off 3G and 9A are on everybody are we good yeah we just wanted to read them into the record make sure they get read in the record thank you thank you very much uh we have a motion uh for approval by council member spillsbury seconded by Council I'm Sorry by Mr Freeman seconded by council member spillsbury please vote thank you the consent agenda passes unanimously uh I mentioned at the outset of this meeting that this is uh domestic violence awareness month and uh so before we go any further I would like to invite uh someone forward to tell us a little bit more about that uh again during this month we reaffirm our dedication to building a community where no one suffers the hurt and hardship the domestic violence causes and recommit to upholding the basic human rights to be free from violence and abuse here tonight to share more about domestic violence awareness mon the city of Mesa victim Services administrators Lindsay CER and Shelly Ward ladies we invite you forward please uh now I I will note that typically we take a big photo after this but we took a big photo right before this so we're not going to recreate that photo but I am very proud U by virtue of the authority as mayor to to issue this Proclamation and ladies tell us why this is an important issue thank you good evening mayor J council members the Mesa Pro prosecutor's office uh Mesa Police Department and Mesa family ABY Center are hosting our sixth annual domestic violence awareness event this Thursday October 19th at 5:30 at the plaza at Mesa City Center this event will bring together citizens survivors Advocates Community organizers the and city leaders to discuss the impact of domestic violence on our community and what we can all do to create change our keynote speaker Miss shant Salsbury founder of Janice's Women's Center will share her story of surviving domestic violence and her incredible work running a nonprofit organization supporting other survivors victim Advocates and representatives from more than 20 Community agencies will be on hand to provide free information resources and support again our event is Thursday October 19th at 5:30 at the Plaza at Mesa City Center domestic violence thrives in silence as a community we have the power to raise our voices and change the narrative about domestic violence to speak openly about what it is and who it hurts let's be clear domestic violence is systematic abuse perpetrated through power and control of the most intimate and vital aspects of a victim's life affecting their physical Financial social mental emotional and spiritual well-being and it can happen to anyone regardless of age race gender orientation education or economic status in 2022 Arizona had one of the highest rates of domestic violence deaths in the US with a loss of 101 victims six of whom were children it's time to end domestic violence in Arizona and that can only be achieved by working together mayor GES and council members this this is why your support for this event and domestic violence awareness month is so valuable your support tells the community we stand behind victims and survivors we see you we hear you and we're here to help together as a community we can create change thank Youk thank you very much ladies um and I will get this proclamation to you post taste thank you thank you Council moving forward with our agenda for the rest of this meeting the first item that came off off the consent agenda was item 7A this is to discuss receive comment and take action on an ordinance proposing amendments to the Mesa city code pertaining to drive-through facilities pickup window facilities and drive up ATM teller windows we have several blue cards to speak on this item uh I will we'll do the blue cards first and then I'll ask for staff uh presentations and then Council discussion uh first I have cards from several people people that are at the meeting that uh want to express their opinion but they do not want to come up to the podium and speak so I will just for the record uh note that they are here and whether they uh they all oppose the action so we'll just say that up front first is Andrew call is present and he opposes moving forward Ryan leemond likewise Allan Tom Tom Grace Tim oain William PCH and Joan Krueger and Rob Basset uh Holly I believe do we have anyone someone requested to to appear telephonically is that right we had a request but he has not called in okay great we will now then go to the blue cards for people that are present and have requested to speak first card is from Mary Grace McNair but McNair Miss Miss McNair I know you wanted to give your time to someone else we don't do that but than thank you you're welcome to come up and speak if you'd like to all right thank you very much we'll first hear then from Paul Gilbert Mr Gilbert thank you Mr Gilbert I'm sure you you're you could speak for this on on this for a long time but we we are going to limit we have a long a large stack and we're going to limit each speaker to three minutes all right and I'll need to move with dispatch I must say it was with some duress I got merry R to give me her time so I'm so much grin I won't have that opportunity for your record my name is Paul Gilbert is 701 North 44th Street in Phoenix I preface my comments this evening by noting that uh staff has made some important changes to this ordinance we want you to know we are cognizant of that and appreciative that they have done that uh they have been very open we've had a lot of meetings and some of the changes that I think are particularly commendable is uh we like the emphasis on design standards there was a legitimate concern with the numerical limits on drive-throughs at intersections those limits have been removed thank you it's a great step forward also the prohibition against new drive-throughs in the neighborhood commercial was very concerning that's been removed and no longer are you requiring a cup for The Limited commercial District all those and I could name several more so thank you they are very well taken and we don't want to be ungrateful for those changes however uh we do have a few things that we would like to share with you uh because of the time limit I'm going to make this shorter than I otherwise would like to and that is your p and Z board has not given you a recommendation except non-pass but substantively you haven't heard from the pnz board I think you should mayor you will say to me hey we had a vote on this it lost four to three but maybe you will commend me for my tenacity by bringing it up again we think it needs to go back to the Planning Commission that's the right thing to do um the pnz should be able to clarify the requirements in the queueing study one member of the pnz said look I have six changes I want to make I was there at that meeting and it was not a meeting where changes could be made the members of your Planning and Zoning Board wanted to suggest changes but they didn't have them written out in a form that was uh would be in good proper order and I think they were hoping they could convey those changes give it to the staff and then have the staff come back they weren't given that opportunity you should give them the opportunity in my opinion to do that next we oppose this ordinance because we don't think you should require a queueing study in every single case staff has previously proposed amendments uh following this discussion with the P andz Board and recommended should only be required if you want to vary the terms of the ordinance we agree with that much more could and should be said on that but I'll move on thank you Mr Gilbert that's your three minutes okay this is painful um could I have one more minute mayor I'm sorry you can't thank you all right well I may get Mary Grace back up here would that be all right yes it would all right absolutely or may I defer to her to finish my presentation absolutely do you want her to do that right now that would be precipitous thank you appreciate it you're bet here's where I am okay all right thank you mayor good evening council members it's really nicee clock thank you sure it's nice to see you all again um another reason is that we don't think the city should be regulating in the industrial districts so heavily um this these amendments will require um a cup where none was required before where the use was permitted without um a special permit um we suggest that the CP should only be required in industrial districts that are adjacent to a residential Zone uh the industrial dist industrial drive-throughs that don't need buffering from other commercial uses or industrial uses and also employees need access to food from Quick Service restaurants that are close close by frankly this part of the conversation really highlights the redundancy of the ordinance amendments that require a cup and also require to you to um comply with um design standards so I guess I wonder in these districts what is the city council going to be evaluating what are the criteria they're going to be using the criteria for the cup which is also the criteria that are spoken to by the queuing study that the ordinance is now requiring so that's why I say it's redundant and then I wanted to talk for one minute about the waiver process in section N9 we don't think it cures the problems that we've been discussing um the ordinance allows the land owner to apply for a waiver within 3 years of the effective date if the uh waiver is granted it only applies to the use tables it doesn't apply to the design standards so the most difficult requirement for a developer in this ordinance will still be required and that's the queuing study we will still be required you know it doesn't the waiver doesn't give us any relief from that um if the waiver of enforcement is granted then the laner the landowner will apparently will have waved his or her rights under under proposition 207 um I guess it'll be yet to be determined whether um a proposition 207 claim can still be brought for the design standards um oh if a landowner never seeks the waiver or is denied a waiver although it says it's non-discretionary um The landowner's Proposition 207 rights could also be extinguished so the waiver isn't much help um to a developer who wants to maintain the status quo on his land so in summary um I we know that the city wants to move this project forward but um we think the content of it requires some more um review and input and so that's why we're asking to move it back to the pnz so thank you very much appreciate your time today thank you Miss McNair uh next is Alyssa lions good evening mayor thank you very much I wanted to say congratulations on your graduation I'm also a graduate and it's a wonderful program so thank you very much for sharing that with us my name is Alisa lions and I'm here on behalf of Valle partnership I'm proud to say that Valley partnership has a long history of investment in Mesa every year we select a nonprofit throughout the valley and we bring together resources and we make investments in infrastructure in partnership with nonprofits hundreds of people come together on the culmination of that event every year we pick up shovels and paintbrushes and put on the final touches the past few years two of those have been in Mesa the first was Sunshine Acres and the most recent one was the House of Refuge the mayor I'm sure recogniz remembers that well in fact he brought the youth committee with them rolled up their sleeves and before we even knew it they were ready to go so they served their their Day of Service alongside of us and we were very grateful for that this December we are in fact again doing another project here in Mesa we are going to be partnering with a new leafs East Valley Men's Center and um bringing in the common areas a more pleasant environment for the men who have to temporarily live there due to their personal circumstances so we're very pleased to be doing that so with that said it is with great respect that I come to you to express concern that we have about the current proposal at hand I had the opportunity to speak with Mary this morning in fact she took two of my phone calls so she was very patient with me this morning so I could ask some questions about what the intent was of certain activities there are two topics I'd like to discuss please the first is the stacking study we absolutely agree that if the design guidelines for the drive-through use are going to be deviated from that the city absolutely needs to have some kind of justification ification for that deviation and that would come in the form of a stacking study however for other situations that meet the rule we believe that the stacking study is an overabundance of Regulation and shouldn't be included secondly we had a good discussion about what was referred to as the waiver what my sense is is that that's a document that's intended to create a grandfathering situation for land owners the current vehicle for that though is the prop 207 waiver and I would suggest that the council has the opportunity to perhaps choose a different vehicle create an application that simply does grandfather the opportunity in that's done in other cities at times to be able to do grandfathering and that you could move forward in that way however because those are still up in the air the queuing study has a lot of questions associated with it and the waiver just to name to we do recommend that you send this back to pnz and we would be happy to continue to work in it at that level thank you thank you Miss lions and and in all sincerity thank you for uh Valley partnership doing a great job on those service projects and we're very excited you're coming back again this year uh please accept our our thanks for that thank you it's our honor thank you Jeff Welker mayor Giles members of the council I appreciate the opportunity to speak on this tonight with you uh I'll be it for three minutes uh I wholeheartedly agree with the speakers who preceded me and the items that they brought to your attention and there's really no reason for me to reiterate them again other than I'd like to note that the folks I work with and assist usually are working with existing older retail and Commercial centers in the city of Mesa and the application of these requirements whether they're the design standards or the use limitations are an extra burden on these centers that are already struggling as you know with the Advent and success of online retailing and and coid and the effects it had on retailing the folks that have these centers are struggling to find and redefine and readapt their commercial uses to find folks that will come and and quite often where it may not be a big deal in some centers a drive-thru use is a big deal in a lot of these centers and these are centers that are sometimes 30 40 50 60 years old that never conceived of some of the standards and requirements that are contemplated in the ordinance as proposed we've talked with staff and appreciate their hard work they've done thus far but we would like to suggest another reason to send it back to the Planning and Zoning Board to work on is to work on how those issues on existing properties are specifically addressed so that they can continue to try to thrive and survive in the everchanging world that they live in compared to brand new developments I appreciate that thank you thank you Mr Welker uh Jennifer Hill thank you I apologize for showing up like this so speaking of domestic abuse my son I had to do a midnight move at GCU and I'm just leaving the dorm so um sorry I'm appearing like this um um Jennifer Hill I'm with GCU commercial advisers I'm a a broker in the valley and I'm a resident in Mesa I'm also on the Housing and Community Development Advisory board for city of Mesa um just recently I had the privilege to be at a lunch in where Steve cry the um who is the president of the Arizona Restaurant Association he had mentioned that drive-through sales averaged about 5% of restaurant sales preo and what after coid obviously it went through the roof and averaged about 23% um in a convenience-based society we this isn't going anywhere um our families for the first time actually last year restaurant sales outperformed grocery sales by 19% and in 2023 we're at 23% um I've read some of what is um suggested by this uh ordinance and it seems like it's just more and more layers um that's making it increasingly difficult for these developers and these land owners and these property owners that want to redevelop their sites um to bring something to Market uh I know that in past discussions it was suggested that by limiting drive-throughs we would increase inre the opportunities for sitdown restaurants as a commercial real estate broker for more than 20 years I can promise you that is not um an accurate statement so I just uh one of the other uh uh suggestions in this was the no noise levels trying to keep it at 60 DB 60 DB is about the noise of a conversation 30 DB is a whisper um an electric toothbrush is 60 DB so I think one of my predecessors and they've covered most of the reasons I was going to get up and say something in the first place but um especially in the industrial areas um it doesn't make sense for to add these restrictions um I figured I was up okay um at this point I guess they've covered everything and just wanted to throw my two cents in and thank you for your time Jennifer thank you for being here and thank you for your service on the housing board appreciate uh Carol Harter um Carol Harter 1515 East Bethany hel Road and thank you again um to everybody for tonight and to reiterate what several people have said um everything that staff has done they have listened we've had many meetings um it's encouraging to see how much we were able to get past U what I did want to share with you as a shopping Center owner with um centers in the city of Mesa that are 40 and 50 years old um were incredibly committed to the city um our first shopping center was bought here almost 30 years ago what happens when you have even if we're talking design standards and we're already hearing it from fast food users they're hearing that this that it's going to be it's going to take more time and it's going to be more expensive to do projects in the city of Mesa and so that's one thing that we haven't talked about is it's it's a challenge um right now to do deals um as probably many people know the amount of money that it cost to build a building construction costs all of that has made it incredibly difficult we're still doing it anything that adds time anything that adds money and the tenants go elsewhere um so I would ask that for consideration I think with what we heard when we sat in with Planning and Zoning they understand that they have some thoughts they have some suggestions and they just need a little bit more time and with that thank you thank you Carol last card I have is from Robert Mayu and mayor just real quick um I was informed that Joan Krueger did want to speak I don't know if we read her as not to speak that she uh did I say she didn't yes someone changed my mind okay well we'd love to hear from you Joan you'll be next thank you go ahead Sir Robert may he with Diversified Partners we have a number of projects in the city of Mason continue to build brand new and I Echo some of the people before me that it's getting very expensive and difficult and timec consuming and very difficult to finance and postco the world has changed in terms of retail particularly the internet started and postco has shifted even further uh even full service restaurants now are moving more towards a limited service if you will opportunity for delivery BAS basically based on the dining room size and the fact that it's hard to staff it with adequate people these days it's very tough to get employees that want to work which is an oxymoron in a lot of ways um but I I understand the goals of what the council has and pnz has in terms and staff has in terms of trying to make placemaking strong and not letting the car interrupt uh a pedestrian experience and having patios and all the kind of good things that make placem and people Gathering spots critical but I think if you look at it the automobile can help in that way and it doesn't have to to be a hindrance it could actually be an opportunity to break down building sizes to put queuing areas and so forth out of the path of sight out of The Pedestrian areas and still make it viable for those restaurant tours now that are frequently depending on that now for for sales going forward so I don't want you to throw the baby out with a bath water I think it does need to be vented a little bit further I think not having a pnz behind you seems a little bit peculiar to me as an individual um and happy to continue to work forward with it I know a lot of people put a lot of time and effort a lot more than I have into this but I do think it's a big issue that you're tackling and even though you think it's small um in some respects it has a ripple effect through the industry and to the entrepreneurs we want to attract in the city so I appreciate your cander and attention thank you very much uh Joan Krueger good even I'm all the way down here excuse me good morning good evening and I am here represent presenting the Mesa chamber um and really I think you've seen some communication from us over the last few days and we simply wanted to say that um when it all boils down uh to it that our biggest concern was simply the um the the time that a cup would take for our developers and our business owners and frankly for you and for staff and so we think that that was the one piece that we could object to uh in your ordinance this evening and uh appreciate very much your time and attention thank you Joan all right uh Council well do we still not have a the the oh yes I'm sorry it's up to you mayor we don't have to do that we it's essentially you know we have had uh for those watching at home we've had multiple staff presentations on this uh so I I I I suspect that we will invite you we're going to ask you some questions probably based on some of the comments that have been made already so rather than you guess what we want to talk about why don't you let us ask you that uh Council I know we've got discussion who would like to kick this off yes go ahead let's begin with council member I just have a question if so I know I watched two times that this topic went to pnz Mary do you know off the top of your head how many times you presented to pnz Mayor um council member go for so we've had three study sessions with planning and z prior to the hearing where we had a study session before where we had the recommendation okay so maybe a to so four a total of four four times you presented to pnz on this topic yes and we came back to them two weeks before this last hearing with for a study session thank you Mr Summers Mary I I'll just ask the question because it's been brought up a few times times so the council use permit that's going to be for limit industrial uh General industrial and then where else and then how does that compare to other cities and what the cities in the East Valley particularly and what what's required there uh mayor Giles Council as we had shown you in the slides earlier today several of the um the jurisdictions that we benchmarked against actually do not allow Drive drive-throughs in them in their industrial areas the council use permit would be required in the ordinance in the uh planned employment Park General industrial Light industrial heavy industrial and the neighborhood commercial we can pull up that slide if you'd like to see the comparison of what what other jurisdictions do I I think Channel 11's beat you to it that's they're showing that right now very good and then the stacking study that we're requiring would you discuss briefly what's the difference between a stacking study and a traffic impact study and a again the question is how is this comparing with the communities that are around us so mayor Giles council members we actually initially had come to council with the recommendation of a traffic impact study which is a a much more onerous study and we've actually got somebody hear from Public Works who can speak to what exactly goes into that as we listen to the stakeholders as we listen to the Planning and Zoning Board at the study session because of the um the expense associated with something like that because is an owner's requirement we kind of scaled back to the on-site circulation and stacking study to really look at what is going on site in terms of queuing areas in terms of how um the cars would Ingress and egress and to look at the cumulative impacts within a quarter mile of of other developments within that quarter mile to make sure that cars would not start queuing onto the the roads that would surround the drive-thru so we pulled it way back from the traffic impact study that was the initial recommendation and if you want to know what goes into that we do have somebody with from public works here who can speak to that I I heard the word onerous and suffice it to say I think that that process is far more detailed and expensive than what would be a stacking study which is required in other communities um I think everybody's going to have their five minutes of comments to to come up so I'm going to allow some of the other council members to ask specific questions um and then I'll come back with some comments after may all right thank you Mr Summers thank you Mary who would like to go next question ready along with the Planning and Zoning how many do we had Community meetings as well Rachel or Mary how many Community meetings did we have yes mayor vice mayor Heria so we had six public meetings we had 10 focus groups or small discussions with individuals or organizations we've had five study sessions with Council and then described we had the three um study sessions with pnz prior to this last study session and hearing so throughout that we think that we've engaged with around 180 residents through that process thank you council member Duff yes I just go ahead and go um I've been on a the fence about this project as it's gone through so many iterations over the last couple of years and um I I did prepare a statement I put a lot of thought into this and I've been back and forth but this is my thought process and I just wanted to put it out there since it's been such a long process you know drive-through restaurants did very well during coid as Miss Hill had um um said and they're really investing in their expansion right now and uh they're ideally situated on auto autoc Centric arterial roads and Mesa is perfect for Drive throughs because we have so many arterial roads and very few what I call streets safe and attractive places for people to walk and bike if we want options in our city I believe we have to pair our roads with our land use in our general plan and be consistent with what we're trying to achieve whether to quickly move cars or be a people place right now they don't match we we have highspeed roads separate or our next two neighborhoods and neighborhood commercial so that the only way you feel safe going to the cor corner store is in the car our planning department has done an excellent job listening to all the stakeholders and have done their very best to make everyone H happy I agree it's been a very difficult job and as iated I've been on the fence but after careful study and consideration I I am going to approve this ordinance going forward I leave us with the challenge of creating options in our city creating people Centric places connected to safe and attractive streets for walking and biking until we create people Centric areas in our city we are left with a ratas of arterials with few reasons to get out of our car so anyway I approve the ordinance um I I did drill planning about if was honorous and and looked at other cities and I I think we're good to go forward thank you thank you council member Duff um Council other discussion I'll jump in thank you mayor you know I want to thank staff for your countless hours and and dedication to this because it's it's been kind of difficult and I know having a most of the meetings that you've attended and uh there's been some unfair comments made and brunt of this ordinance change and much much of it it's all been unwarranted so I think it's uh time you know we've had our feedback here from our various parties and you know I did didn't initially see a problem with the process that we have you know I mainly because I think in district one it's mostly infield and likely most of it's zoned already for drive-throughs and if not you know except for few exceptions I believe that it could be managed by staff and the design review guidelines along with the Su if it's required I know the growth in southeast mes has created this not an issue but a discussion point and as a council we must look at the entire city and see what's best and work out our differences the best we can so I've had discussions with my constituents in the area and most of them will say well the cons consensus was we don't want traditional drive-throughs and I said well what's traditional and so they they've expressed their opinion and I'll leave it up to you you know what that means but I'm of the opinion that I'm not convinced we also need the traffic information I believe that this could be obtained through the design review guidelines and updates and I'm also I'm sure unsure about the council use permit it seems like we've discussed a political hurdle and I have complete confidence in our staff ability to resolve these issues with our current process we have without needing a cup regardless of the zoning District I'm really uneasy about the three-year waiver process I'm unsure if legal disputes will cease if a property wasn't registered within three years and what repercussions that might be this could potentially create more work for our staff and i' also could suggest the city might not be business friendly and it's my understanding that no other cities require the waiver but that might differ but I believe that the design standards would still apply towards this purpose you know I'm all all in favor of creating a safe work environment for the employees through the screen walls the design the safety measures and other elements but I think this can also be done by the design review processes this will ensure positive experience for both the employees and customers and show that our city planning staff and future submittal must maintain standards so again I'm I'm not U supporting the cup for all the zoning districts and I feel it should be excluded from those that have been discussed but if we cannot send this back to the pnz zoning you know a compromise should be uh made by removing this requirement and I suspect the development committee wouldn't object to the remaining changes on the design review guidelines and and that we'd have closure with this whole process so that's my comments right now I had to read it because I don't want want to be distracted and be focused on on this part so if it's presented the way it is I'll be voting no thank you Mr fem Miss filbur well I have uh beat this to a pulp so I'm gonna make my comments brief but um I do want to again express my appreciation to not just our um incredible staff but also our community members that have been involved in these conversations and I asked for a lot of that um conver ation to be had and to make sure that our development Community had a voice and I think that you did have a voice um although um I the way I look at it um when I talk to the development Community which I do a lot um I think there's a lot of developers who really genuinely care about Mesa and the future of Mesa and they're not just trying to make money and um not that money doesn't have anything to do with this but I know that there are a lot of people that grew up in Mesa that care about Mesa that want to see it um take off keep keep taking off in a great Direction and they're willing to put their time their money their resources into developments in our city and I think that we are overstepping as a council when we make um honorous um ordinances like this although I know there's a disagreement of whether it is but I feel that it is I also want to thank our Planning and Zoning staff again for their expertise and opinion and I cannot comfortably move forward and feel good about going against their recommendation um I do think this has some really good stuff in it but it's not ready it's just not it's not um when you talk to anyone that that's in the no they'll tell you as you've heard already in this meeting that it's not where it needs to be and so I cannot vote Yes on this in the um in its current form thank you Mr Summers for crying out loud all right so I beat this dead horse and I'm going to beat it some more um first of all I appreciate everybody showed up today uh it's a lot of the development community and we've heard uh quite a bit from you um but what I'm hearing a lot from and what I respond to are the people who put me into office right and there's been a growing concern as was mentioned particularly in southeast Mesa about how things are growing how they've been negatively impacted by things like Co and the co economy and so when I when I listen to the comments that went here it it was interesting because you know some some folks if we could just get rid of the cup if we get rid of the cup process then we'd be okay with it but the problem is that the cup process is trying to not let me let me give you a different angle right so the angle is this other cities in the Southeast Valley prohibit any any type of drive-thru in industrial zoning and neighborhood commercial but we're not entirely saying that we're saying we're going to give you an Avenue the cup as much as some people don't like that to come to the council and say hey I'm down here on Germain and I think there's uh an opportunity to do some restaurants down here for the Industrial Development make your case to this Council and let us decide if this is a direct we want to go because it might be appropriate other cities don't even give you that opportunity but then there's the stacking study that everybody's concerned about well a certain group so you have the Cup group and then another group comes up and say well we don't like the stacking study the cup is fine but the stacking studies we should just do a design standard but the stacking study is a problem we've had several developments in southeast Mesa that have recently gone up where that's just pouring traffic out on the street there's a Starbucks over at the point at point 22 every morning it's really successful and unfortunately that success means that it's pouring out onto point 22 Boulevard and creating traffic hazards I just had dinner the other day or lunch excuse me the other day uh at a sitdown restaurant that happens to have at least three drive-throughs in front of it at Ellsworth and Ray Road and I could hardly get into into a parking space for all the drive-through traffic that was backing up that's what a staff a traffic study a a stacking study excuse me is supposed to help prevent so by having a stacking study which let's face it you know most of these McDonald's aren't going to go broke right these National chains aren't going to go broke for doing a stacking study they're pretty much doing them anyway but staff doesn't get to see them and then look at them in a holistic picture so adding the stacking study is just about providing safety for the people who live and patronize the businesses that that are here and then we had some people say well let's just do this in a design standard but then we heard somebody complain that well the design standards are going to be a negative impact for redevelopment well the Redevelopment areas largely are in The General commercial they still will have their rights and I think you're right I think we have to be concerned about how we facilitate better Redevelopment and some of those some of those uh older malls so maybe looking at this in a year we can go back through Planning and Zoning a year and see what the impacts are in in the future but at the end of the day this all comes down to to this what kind of Mesa do we want to be in Mesa deserves deserves good design standards the same as Gilbert the same as Queen Creek the same as Scottdale the same as temp be that is what we're asking for better design standards better development responding to the community we had we have one development that's coming near the eastart community it's piling an 11 drive-throughs and yet my constituents are clamoring for diversity in the options that they have for dining and entertainment not a ban not a ban diversity of opportunity maybe this will work maybe it won't but this I think will give us the opportunity to create those neighborhoods particularly in neighborhood commercial where we're trying to create the livable walkable spaces and an industrial Zone that quite frankly is for development of advanced manufacturing and creating of jobs not the proliferation of fast food restaurants so with that mayor I'm going to make a motion to approve thank you Mr Summers uh we have a motion is there a second mayor did you want to let that gentleman speak well yes I'll get to that thank you since a motion's been made I'm going to call for a second now as well all right thank you m Ria uh we did have a a stack of cards and uh there was an individual there were a couple of individuals that initially said they didn't want to speak and they changed their mind and in the spirit of fairness we have had another individual say that he wants to do that so I'm going to allow him to to change his uh his request to speak well I actually F the card outout wrong Mr John GES honorable mayor sorry wa you said what I say filled the card out wrong go ahead Mr honorable mayor and and honorable counselor especially this is bbear Mr Freeman I've been stressed out all this I was going to stroke the last five months you know my family we're one of the oldest Chinese families in Ma so we did everything right try to get a good reputation we got all our properties owned properly and and wait for this moment time I lost my dad 15 years ago wish he would see what's going on and um we have a problem I got so many things to say got three minutes so I'm going to go fast for as fast as I can you know we have a Northwest east corner we own a power on Elsworth Road Unity University it's only 303 ft depth no north and south and 600 ft on University we had that for 60 years and our neighbor across the street the southwest corner is about the same size a little bit bigger piece of property they're going to put a Taco Bell and a Dutch Brothers and his Wendy's over there you why can't I have the same thing I've been waiting 60 years for it pay our taxes we got a good reputation in M you know on northeast corner of Power Road Main Street I plan to put three fast food restaurants there over there and with a stack with a stack requirement 100 feet set back I can't do that and I I've heard sing from the mayor and a few several meetings ago four five six weeks ago you're not going to take the usage or bounce as well in a in a study session take the usage away from it with this all this requirements there is going to take my usage away the fast food industry did no wrong I did no wrong yes I'm very emotional about this very emotional about this I'm trying to get the people here and The Honorable board and the council member to change their position on this thing I did do no wrong at all I paid the taxes TR be a good citizen of Mesa and this panful of discriminal residents cannot speak in behalf of the 500,000 people live in Mesa okay that's my conjecture where I stand and also two is I have so many things to say the fast food restaurant business there they are an economic engine for the city of Mace over there for those space they put there they put two three four5 million in each development it's not junk development they provides tens of thousands of jobs for families for supplementary job income and for high school and college kids going to school and also they collect millions of dollars in sales taxes supermarkets don't do that and also do is this this m it collects the each of these restaurant pay an average 20 to 50 $60,000 year property tax M it gets 7% of secondary property tax that's a lot of money you have to look at from that point of view too everybody mentioned about t Peach hler gilber I really don't care what they do look at a city there just east of of Mesa here your sister say py Junction they just next 6,000 acres of land they're going to go like wildfire over there they want every kind of business Economic Development they can get over there they welcome it over here believe previous mayor and Council said that we welcome development here in M business friendly but what you're doing being very Prejudice you're putting a second layer of regulation on fast food that's not fair and also I ask the the staff there there's no way for me it's not unamerican unjust it's not new process just PL unamerican I can there's no way I can go to a board of adjustment or the administrative adjustment if I cannot meet any of these layers there's a regulation the queueing you know the impact study and the 100 foot setback and also the deal level there's no Avenue that's an American in this country over here and I have a real smart daughter just wanted she's an assistant DA one of the counties in Arizona thank you Mr Tom you're out of time so wrap it up there she said to me right off the bat when she won that before iiz on Supreme Court said that the the additional regulation is a ENT domain regulatory taker she s snapped her finger over there protected by United States constitu 5th and 14th Amendment sorry of being so emotional and thank you very much no and I I'm just I'm just I'm just emotional about it and I respect everybody here that sets up here okay including the City attorney and and The Honorable Mr Ray here and the staff too thank you Mr Thomas um I'll I'll share my two cents I I think it that there is a lot of emotion and there's a lot of concern and we have sense that as a council uh I know that the development Community is very very concerned about this and and that's that's of concern to us and I think a lot of the concern uh though is not well founded because it's based on over the we've been talking about this for a couple of years now and this has gone through several iterations and as Mr Gilbert pointed out when he stood up that this is evolved quite a bit the ordinance that we're voting on tonight does not really resemble what we've talked about in a lot of ways over the last two or three years uh there is no limit on the number of drive-throughs in the city of Mesa there's there's not a requirement for honorous traffic studies there is a requirement for stacking studies in your parking lot uh and this ordinance does not uh we do not stand out in fact this is very middle of the road in comparison to other communities and and the burden that's put on on on development so again a lot of and I so there's been a lot of good work done by Planning and Zoning staff there's been a lot of good work done by the Planning and Zoning uh board uh and what has come out of through through that process I I think is a is a is an ordinance it's again uh not as scary as as people might might think it was when it when it started this uh we we there's three issues I think that really that we need to to point out and talk about why would we do this there's there's three issues that we need to talk about the first uh is is the stacking of traffic uh and uh again I I think um we're not requiring the traffic study is onerous and it is expensive but a stacking study is not and uh and I I think some of the people that have spoken Mr Welker and others Mr Tom uh other folks you own uh strip malls and and real estate or retail properties in the city of Mesa that are 30 40 50 years old uh and I think those those types of developments in particular would benefit from a stacking study before we shoehorn in a a drive-thru in a lot of those locations so I don't think think it's owners I think it's something that is actually very relevant and and will contribute to uh to that to the safety and to the success of of that uh that development uh noise has been raised uh Mary I know that the the the rule right now is at 60 DB is the rule that would trigger a noise study if you're within 100 feet of of a residential property but that is uh sometimes the ambient noise at that location would exceed 60 DB so what what is the rule so mayor Di's Council the way that the noise um portion of the ordinance is written is that it would either be 60 DB which again is about a normal conversation or the ambient noise level in that area so if you're on a highway and there's a lot of traffic and the ambient noise level is say 80 DB or 100 or don't want to go to 100 90 DB that whichever one of those is higher that's what it would have to be at the property line with the residential property so you can exceed either the ambient or the 60 uh Deb all right so I think that that acknowledges that 60 DB might be inappropriately low and so it will it will uh change to to correspond to what the actual circumstances are in that that intersection uh some have have indicated that they felt the council use permit process is overly burdensome and it would it it will add workload to to this body and to staff and and become political uh and and that's a point well taken uh personally I I appreciate Mr summer is pointing out that that giving of folks that own property in certain zoning districts that in many other communities the answer is don't even ask because the answer is no we say no come come to council and plead your case if if you have a compelling argument for why this makes sense in this piece of property we're not going to the answer is not no to begin with so please come in and and we'll talk about it and we'll consider it so I I personally am not turned off by the the council use permit uh opportunity I think uh yeah it's a little more work but I think it it's it's Pro business because it allows us to come in and debate and and talk about whether or not we want to make exceptions uh i' I've received two emails over the weekend from planning and zoning board members who have uh and and I I do want to address uh the work of the Planning and Zoning Board but we are very appreciative of the hard work that that our staff and our Planning and Zoning Board has put into this and it is very uncomfortable to go forward with this with a recommendation of denial from the planning zoning board I'll be albe it they denied because they wanted to spend more time working on it um I think that it's time for us to move forward but that's not to imply that we this is done uh I I I think the the delays that are being asked for the real answer there is okay we won't give you a delay till the end of the year or you know we'll give you a three-year delay this three-year waiver opportunity allows folks to come in and say uh we think this devalues our property we don't like your new rules we want the old rules and you can do that so I I think that is uh it's not a a a small delay it is a three-year delay now I I've heard some critique uh from uh the tonight that that that that three-year delay doesn't relieve you of some of the requirements like the stacking study but it does relieve you of the council use permit requirement which I think is viewed as the the onerous portion of this so again I I think that three-year waiver for anybody who feels hurt by what we're doing tonight please just file for a waiver and you got three three years to use the old rules to to develop your property um let me re reiterate a message to our planning and Zing board um we need to clear the deck on right now on this we need to move forward that's not to say that this is a perfect ordinance and it doesn't need to be improved I'm sure it does and we are going to ask and invite the Planning and Zoning Board to do that but uh we have a very big project ahead of us right now which is our our um General Plan update and we need our Planning and Zoning Board to focus on that we need our staff to focus on that that's going to take uh I think we'll all be obsessed with that for at least the next six months after that after we get good recommendations from our Planning and Zoning Board I think I I I I want to invite our Planning and Zoning Board to pick this issue up and that over the next 6 months or or to 12 months from now that will allow a little bit of experience with this um I'm not sure how many actual I mean I think we're anticipating had these rules been in place last year that would have resulted in a total of five additional Council use permits for over the course of the entire year so we'll see six months or 12 months from now what the impact of these changes has been if it's significant if if we and and I suspect it's not perfect but if if we need to make some uh if we see that there's some inconsistencies or something that's not fair to the business Community then uh I'm going to invite our Planning and Zoning Board to reassess this after we we work uh get their recommendations on our general Plan update and uh we are never done when it comes to writing ordinances if we discover that things are not the way they should be you know we'll put it on a council agenda and and change it you know a month later so uh but in the meantime I think it is time for us to move forward we've literally been working on this for years uh let's live with it for a little while and we'll see if if improvements need to be made yes Giles Council um so by setting the timer kind of reset your your motion that you established if you don't mind I'll reset it and ask that council member Summers set your motion and I believe it was council member Heria that second it thank you so when it comes up on the screen we'll ask Mr Summers and Mr R to to remake their motion is the screen open now should be no all right let's try again well then let do it verbally should we do a Voice vote let's do it verbally yeah you broke the machine thank you we have a motion from Mr Summers and a second from Mr Heredia we'll do a Voice vote all in favor please say I I uh let's do a roll call vote Mr Summers how do you vote I miss uh spillsbury no thank you Mr Freeman nay thank you I V I Mr Heredia I thank you Miss Duff I thank you Miss gforth I thank you motion passes 5-2 and again thank you everyone for your engagement we are not done but please give us your thoughts on this as we move forward uh the next item on our agenda is item 10A this is a public hearing for annexation case 22- 738 for approximately 4.6 Acres located on the south side of Main Main Street West of kisman road I declare the public hearing open m Mosley do you have any requests to speak from the public on this item mayor I have no requests you do not I do not okay thank you do any council members wish to address this item all right thank you I therefore declare the public hearing closed there's no action on this item at this meeting this annexation will come back to the council at a future council meeting next item on our agenda for this meeting is items from citizens present M Mosley do we have any request to speak on this agenda item no request thank you uh that concludes the items on our agenda for this meeting is there a motion to adjourn thank you Mr Summers and Mr Freeman all in favor please say I I thank you we are [Music] [Applause] [Music] adjourned