thank you and welcome again to this meeting we apologize for starting late i know there's several people here that uh are anxious to participate in this meeting and again we're sorry for the delay hopefully you were able to observe what was going on downstairs a lot of what we discussed downstairs was relevant to this meeting so hopefully that will help us have a more uh smooth meeting here upstairs i'll note for the record that all of our council are present and mr freeman is with us uh via zoom welcome mr freeman thank you sir you bet uh we'll begin our meeting with a moment of silence followed by the pledge of allegiance so please jan to stand and join me in a moment of silence followed by the pledge [Music] thank you please join me in the pledge of allegiance i pledge allegiance to the flag of the united states of america and to the republic for which it stands one nation under god indivisible with liberty and justice for all thank you the first item on our agenda is approving the consent agenda we'll invite mr kevin christopher forward to read that agenda good evening mayor council members these are the items on the consent agenda all items listed with an asterisk will be considered as a group by the city council and will be enacted with one motion there will be no separate discussion unless a council member or citizen request in which event the item will be removed from the consent agenda and considered as a separate item item two approval of minutes of previous meetings is written item 3a act on liquor license application for aj's 1836 south vale vista drive item 3b act on liquor license application for cobblestone auto spawn market 7215 south ellsworth road item 3c act on liquor license application for family dollar 6036 east main street item 3d act on liquor license application for main street mart 714 east main street item 3e act on liquor license application for burrito holix 216 west main street item 3 fact on liquor license application for first watch 1665 south dobson road item 3g icon liquor license application for first watch 1939 south of this drive item 3a jack on liquor license application for kona cava 1457 west southern avenue item three i act on liquor license application for mesa sakura sushi 1545 south power road item 3j act on liquor license application for native grill and wings 318 east brown road item 4a approving dollar limit increase to the term contract for hosted event booking solution for the parks recreation and community facilities department item 4b approving use of a cooperative contract for seven month term contract with four years renewal options for high availability data storage for the transportation department as requested by the department of innovation and technology item 4c approving three-year term contract with two years of renewal options for binocular night vision devices for the mesa police department the initial purchase is grant funded by the arizona department of homeland security item 4d approving purchase of two cng powered automated side loader refuse trucks and two cng front loader refuse trucks for the environmental management and sustainability department item 4e approving dollar limit increase of the term contract for brigade driving and safety solutions for the environmental management and sustainability department item 4f approving use of a cooperative contract for the purchase of two heavy-duty cng-powered construction trucks with dump bodies for the energy resources department as requested by the fleet services department item 4g approving use of a cooperative contract for a four-month term contract with four years renewal options for wastewater sampling for the water resources department item 4-h improving contract for red mountain park expansion project construction manager at risk second guaranteed maximum price this project is funded by 2018 general obligation bonds and capital general funds item 4i approving contract for ellsworth road and gateway boulevard utility and roadway improvements construction manager at risk guaranteed maximum price number one the project's funded by the utility system's revenue obligations 2020 street bonds and the transportation fund item 4j ratifying emergency purchase for dobson ranch library structural column repairs item 4k approving southeast mesa library project pre-construction services and construction manager at risk this project is funded by the 2018 general obligation bond program item 5a approving resolution extinguishing a drainage easement and drainage covenant located at 10 655 east southern avenue to accommodate construction of a new frozen custard restaurant item 5b approving a resolution authorizing the city manager to enter into an intergovernmental agreement with the arizona department of health services to receive funding to promote or to provide immunization services to the public item 5c approving a resolution authorizing the city manager to enter into an intergovernmental agreement with the gilbert unified school district for surveillance system emergency access item 5d approving a resolution authorizing the city manager to enter into the second amendment to the intergovernmental agreement of the city of tempe to provide for two additional five-year terms and increase tempe's contribution per year to the regional water use it wisely media campaign item 5e approving a resolution authorizing the city manager to enter into an intergovernmental agreement with the town of gilbert for cooperative law enforcement training operations item 5f approving a resolution authorizing a city manager to enter into an intergovernmental agreement with the phoenix mesa gateway airport authority for the aviation way improvements project from ellsworth road to the future gateway boulevard near the intersection of ellsworth and williams field road item 5g approving a resolution authorizing a city manager to enter into a license agreement with asu to provide entrepreneurial and innovation programs with the studios at mesa city center located at 59 east first street item 5 h approving resolution authorizing the city manager to enter into a lease agreement with astor aging for a portion of city owned property located at 247 north macdonald item 5i approving a resolution authorizing the city manager to enter into a lease agreement with oakwood creative care for a portion of city owned property located at 247 north macdonald item 5j approving a resolution authorizing the city manager to enter into a mesa sub-recipient agreement with a new leaf for operation of a bridge to housing program at the hellermann house 1311 east university drive item 5k approving a resolution to transfer ownership of a city-owned parcel of real property and improvements to a new leaf for property located near the intersection of mesa drive and main street item 5-0 approving a resolution transferring ownership of the city-owned parcel of real property and improvements to a new leaf located near the intersection of university drive and country club drive item 5 m approving a resolution authorizing the city manager to enter into a fiber license agreement with google fiber for the placement of fiber optic cable network within the public right-of-way item 5n approving a resolution authorizing the city manager to enter into a fiber license agreement with sci-fi networks mesa the placement of a fiber optic cable network within the public right-of-way item 5-0 approving a resolution authorizing the city manager to enter into a fiber license agreement with wired connect to the placement of a fiber optic cable network within the public right-of-way item 5p approving a resolution authorizing the city manager to enter into a fiber license agreement with ubiquity arizona to the placement of a fiber optic cable network within the public right-of-way item 6a introduction of ordnance regarding xeon 22-00268 for property located north of pecos road and east of ellsworth road rezone of the planned area development overlay insight plan review to allow for industrial development item 6b has been removed from the agenda item 7a has been removed from the consent agenda item 7b approving ordinance regarding xeon 21-00793 for property generally located west of country club drive on the north side of the us-60 rezone of the planned area development overlay and site plan review to allow for a multiple residence development item 7c approving ordinance regarding xeon 22-00157 for property generally located in northern mcauliffe's road and east of greenfield road this request will modify the existing design guidelines to guide future development at falconfield airport item 8a approving ordinance regarding anx 22-0020 annexing property located on the pecos road in east of ellsworth road item 8b approving ordinance regarding zeoln 22-085 for property located east of ellsworth road and west of sigma butte road on the north side of pecos road reason to plan area development overlay and site plan review to allow for industrial development item 9a approving subvision plant monte viagro for property located on the southeast corner of university drive and soseman road an item 9b approving subdivision plant willis industrial park for property generally located north of germain road on the east side of ellsworth road mayor council members these are the items on the consent agenda thank you mr christopher ms mosley do we have any requests to speak on an item that's on the consent agenda no mayor all right thank you would you please uh cast your votes say motion's been made by mr luna seconded by mr thompson uh well see mr luna miss spillsberry are you able to log on i vote i mayor okay thank you mr uh everyone has voted uh that all of them were logged including mr freeman who voted i so that passes unanimously i just have to say there uh there was a lot on that consent agenda and a lot of it was very uh significant so thank you to everyone that uh all the hard work that went into all of those agenda items we look forward to uh all the significant things that that were just voted on uh next item on our agenda is item 7a this request will allow for the development of a mini storage facility with rv and boat storage located north of main street on the west side of val vista drive mr freeman i believe you asked to have this removed from the consent agenda would you like to say anything about this item i would mayor thank you i'll ask our development services director maybe he can provide some insight but from what i understand the applicant is asking for a major plan modification they've already been approved to build a one-story mini storage rv facility at belvis and maine and because of that they they took that pnc was approved in may 15 or may 13th in 2020 they actually pulled a billing permit well they received the billing permit hadn't paid for it on may 15 2021 and in some of my notes you know i just feel like again this is a prime real estate that is uh in a quarter that i felt can be substantially used a lot better uses and for commercial and that's not the goal that i have for district one and therefore although it's received its approvals from the other organizations and boards i will be voting no on this thank you mayor thank you mr freeman mr vermin did you want uh dr apaya to uh say anything about this case did you invite him to the microphone with a specific question in mind um yes uh mr development services director can you provide some more insight mayor council councilmember freeman um just a little background so before well after the approval of this project that is before you the city council changed or amended the city's development code to require council use permit for many stories in this the zoning designation before that the use was allowed by right so they just had to get a side plan so with the approval of the side plan they were allowed to develop one single story i think the overall square footage was 51 000 and so after the approval then council made uh change the ordinance where recently if you come in to get such a use you were required to go through the council use permit so then they came back and requested us to add a second story to the already approved site plan so that's why it's coming before you to get the council approval the reason why i start recommended um approval is because they've already been approved for one story and also as we every now and then get majority of these applications coming through we believe that to maximize the site it's really okay for them to build a second story because right now they can go in and build one story but if they build two stories and they maximize the space which gives us the opportunity to also point whenever we get those requests that at least there is one that is servicing the neighborhood so that's basically the reason why we recommend an approval for the use thank you dr payet council thank you mr director thank you mr freeman anything to add to that well again i just feel like after looking up all the information that again that moving forward the one story will fit appropriately for the development of this site even though staff has recommended approval and that's that's where i'm gonna lean on and i'll be voting no so i can i can make a motion to uh request for a denial someone won't make a second we can have a vote on that if it fails then we'll move forward the other direction all right thank you we have a motion to deny this uh agenda item 9a is there a second mr thompson makes a second so we have a motion and a second for denial please cast your votes thompson did you your did you push the button for yours and didn't go through there we go thank you so this is this vote is to deny the zone to reject the recommendation not to deny oh okay i'm sorry let's think about this then i i just want to make sure because we have on the consent agenda is yeah it would be a yes or no on the consent agenda but this emotion is to deny it so a no would be please clarify not to approve the council use permit that's the motion right if the motion is to not approve it so if you vote yes it is not approved correct so if you if you are in favor of the the case you vote no okay so you'd have to then okay this fails we're voting the motion right now not for right item on consent is that correct correct yes okay so all right the the if you vote yes you agree that this should be denied if you vote no you disagree all right the motion fails three eyes and four no's uh is there a a different motion california spielsberg i'll make a motion to approve the two-story storage unit thank you we have a motion is there a second let me help you out okay tonight they are not sorry they won't even let me hold on let me try to clear the display and start over all right well we're trying to figure out the mic i mean the um buttons i figured out the mic i got it there you go now pressure's there um i just like to make a comment as far as to why i feel like it should be approved is because i feel like it's grandfathered in somewhat on the approval in 2020 it was allowed by right and they made the plans accordingly and because of the delay now a council use permit is required but i do like that in the revision that they made they're going to a second story as mr apaya had mentioned that really maximizes that property as to minimize the need for more storage facilities to serve that area and it does back up to a large residential area that are small units i don't know if they're mobile home parks or anyways small units so i think this storage is appropriately placed and we did approve it in 2020 and it is maximizing the site now so and make a second on that all right we have a motion and a second uh i'll also i'll just by we i think you were serving on the planning and zoning board at the time is that correct vice versa so i i'll no no no i'm sorry i was on counseling okay but i i was only gonna i agree with what's been said but i was gonna uh make also a note that this did go to planning and zoning with the on the question of is a second story appropriate and uh the recommendation that's before us is from planning and zoning with the second story and my personal feeling is it's it's not a an extreme extremely more intense use with the second story so i'll be voting in favor of this motion mayor can i make a comment yes mr freeman so for clarification was the major plan modification mr appiah was that necessary to go through pnz mayor council yes so the modification went through planning and zoning for recommendation because as a council use payment thank you all right council please cast your vote mr freeman as soon as we get these posted i'll ask for your vote how do you vote sir so let me clarify yes or no what what does which uh the motion is for the the case to proceed so i'm guessing based on your prior motion that you want to vote no that's correct okay thank you all right that motion passes four eyes and two and three no's with the spillsbury death of myself and mr luna voting yes thank you very much next item on our agenda is agenda item 11a this is to take action on an ordinance for zoning case 21 490 for property located east of lindsay road on the south side of southern avenue to rezone the site and a planned review for multiple residents development we've discussed and continued this case multiple times and i know we have neighbors that have been very engaged and a developer that they've been working together to try to resolve the issue as i indicated downstairs uh this is i think been a good example of seeing a developer in a neighborhood come together and uh i appreciate councilmember spillsberry's very engaged her significant engagement in this in an effort to to bring the the desperate sides together uh so uh there is a legal protest on this case so it would require a supermajority vote by the council for approval mayor that's correct and just just you know maybe we'll come back to them we also have 10a and 10b but we could take them because i think you might have some speakers on this item but if you want to take them out of order we could just do that okay and so we could allow the people to speak and um but i just want to let in case there are speakers here for 10a or 10b we could thank you very much so we can proceed with the love and then come back to today all right given that i've called the agenda item 11a let's go ahead and proceed with that and then we will come back to uh because i do sense that we have neighbors here that would like to speak on on 11a and we're a little over time right now so let's go ahead and proceed with agenda item 11a uh do we have any requests to speak on this item i do mayor i have one that was emailed for me to read aloud yes why don't you do that then you've handed me a blue card from one of the neighbors greg great all right so this was received from lenoir miller at one 1317 south 32nd street from the beginning of this proposed project there have been problems from the way it was presented to the neighborhood to the way it's been misrepresented or not informing the whole neighborhood there have been deceitful practices from the get-go from not notifying a large group of neighbors to the timing of the notifications i appreciate the builder making some of the requested changes unfortunately i do not trust them at this time to keep them while i do agree something should be done with this partial i do not feel it is the right for it is the right fit for this lot i live on 32nd street just south of the planned project my main concern has always been the location of the entrance and the impact of the traffic on 32nd street people already speed up and down the street mainly to get through the traffic signal now we will have more traffic traveling south to hampton to get to the freeway i feel a traffic study should be done or make some changes to the existing signal longer lights left turn arrow and possibly longer walk signal for pedestrians going to and from the park and school maybe a four-way stop may become necessary at 32nd and hampton parking on 32nd street will be an issue even though they have exist they have extra parking in the complex i'm sure it still will be a problem essentially the surrounding neighbors will have to become parking police and report any infractions this may not bode well for anyone thank you for hearing me out my family is still against this project thank you we also have a request to speak for mr monty hovel mr hobel are you here mayor giles vice mayor haddaf council members and staff my name is monty hogel i reside at 1421 south creston circle here in mesa my dana and vance families were some of the first pioneers to settle in mesa i was born here i live here and i love the great city of mesa and i'm a passion and i am passionate about keeping it that way we have been working for almost five months as a neighborhood committee with robert jarvis john jarvis judy thompson and many others i address you today as a concerned citizen and as a member of this of our neighborhood committee that we represent 396 citizens and neighbors that signed a petition against this proposed project i would like to express our feelings with regards to the zoning process here in the city of mesa especially zoning case 2100 940 which you are going to vote on tonight today we as citizens put our trust in you as the city council members and those you appoint as members of the zoning board we trust that you're just that the decision you make will be in the very best interest of the city of mesa sadly this did not happen in the reference um zoning case we urge you to make the necessary changes to the zoning department that will ensure what went wrong in this case that it does not happen again each of you know what i'm talking about and what i am referencing so i won't waste your time in this meeting explaining the lies the deception the misrepresentations and the mistakes if you are not aware of all that has happened in this zoning case and are interested in knowing more or don't understand i am more than willing to meet and to help explain and to share ideas to improve our zoning checks and balances we have worked countless hours as a committee neighbors city officials owners and developers to get to this day we watched your study sessions and we thank you for your concerns for the neighbors that this project will affect i would like to personally thank council member freeman council member luna and mayor giles and you're recognizing our concerns about the architecture of this project we want to recognize council member spillsberry for her hard work her time away from her family to attend or after our neighborhood meetings this has not been an easy process a lot of time in meetings with city planners then back to the neighbors meetings with the developers and then back to the neighbors this has been the process for the last five months to get here today our committee our neighbors the developers and especially you as city council members know very well that we cannot make everyone happy in our request for a perfect city our commit our committee is not a hundred percent happy with the final decisions that have been made nor are our neighbors i am confident that the developers and the owners have concerns about what they have agreed to and may not be happy but we have reached a mutual agreement and are ready to move forward as agreed we will withdraw the 396 neighbor formal petitions in opposition to the entire project however we will continue to monitor this project and see that our request is met to the very letter of this proposed project zoning case 21-0-940 is now in your hands to vote all we ask is that you vote for what you feel is the best for our awesome neighborhood and the city of mesa thank you for your time and for all you do to keep mesa safe and our neighborhood great thank you very much thank you mr hoggle thank you for all the time you've spent on this matter is there some council discussion on this ms spillsbury um i want to thank you monty for your words i agree with you that things were done wrong in the zoning case after i watched the plan zoning meeting i was extremely upset i did not like the way the neighborhood was treated and i didn't feel like your voice was heard and that's not okay with me and i had a conversation with our city manager our mayor our planning staff and director to express my concerns so that this never happens moving forward this can't happen and every development that's come across my desk i've made sure that extra steps have been taken to make sure that every single neighbor that needs to be notified his name is notified well in advance of any development that's coming to the area because of that i knew that we needed to make sure that your voice was heard and i think that we did our best as a city and a staff to attend all those meetings there was at least six meetings that were had with hundreds of people attending each time and and you're right not everyone's going to agree but i appreciate the hundreds of hours that your committee has spent the probably hundreds of hours that our staff has spent trying to work on this as well i appreciate the developers trying to work on this i know that traffic studies have been done and density was addressed setbacks were addressed parking was addressed the elevation and design was addressed which i think everyone was very happy about and then the last thing was that the good neighbor policy went back and forth and back and forth until the neighborhood felt comfortable with it and so it's been a learning process and experience to go through that i think the city will do much better on um in in the direction to the developers whose responsibility it is to make sure some of these things are done and um i commend the neighborhood the developers the developers attorney and staff for really working to try to make this something that we could all be okay with and so i will be supporting this i don't know sure thank you mr mayor and and thank you for your your remarks you made a comment uh that uh regarding the the zoning meeting where i spoke at the at the zoning meeting and called it to the attention of the developers that a statement that was made in in the narrative that they planned that they realized that they were short on parking this is now we're talking to the zoning board they recognize they're short on parking but that they plan to use the church parking lot as their overflow parking and not a single board member raised their hand and voiced concern and this basically is what lit my fire that i was that's that's just not appropriate and and there were i believe two uh write-ins and two of us that spoke in opposition to this and the zoning board took it right straight to vote without addressing anybody's concerns and i don't know if this is the place or or not but um when a board member presents um his own project even though he's removed himself from the stand and our voices aren't heard our neighbors feel that this was an inside set up job we weren't hurt there was nothing that was what they took it and a unanimous approval with no parking and so i just wanted to make it clear that this is this is what started it that the process didn't work though with the way that i believe it is designed to work and and the neighborhood is outraged and honestly is the letter that was read a few minutes ago the distrust i i think once you lie deceive or pass along wrong information that unknowingly it makes it makes it look bad and it's water that's gone under the bridge that you cannot put back and so and you know with that it has it has really cost it's consumed my life for the last five months my wife currently is on vacation without me i'll i'll leave in the morning but thank you for letting me explain and clarify that and council members bill berries thank you for your remarks thank you mr hogle council any additional discussion on this item mr luna uh thank you thank you for for coming and speaking i appreciate this is really tough being on city council and trying to get things through but it's it's because of you you as a community you were persistent thank you for being persistent because finally i think we can get to a resolution i know i want to congratulate councilmember spielberg because we all go through this but i think this has been one of the most difficult ones the most challenging i thought i had a real challenging one and then i see yours but it it takes a community to work together to get a project that they can both can both live with and both appreciate so but i do want to thank the communities of being so active and being persistent and tenacious and getting what you want done and so thank you for doing that and thank you for your leadership council members military thank you any additional discussion i is there a motion to approve this item a motion made by council member spillsbury seconded by councilman councilmember luna please vote mr freeman how do you vote hi thank you thank you that motion passes unanimously thank you again to the to the neighbors who are here tonight and for your participation in this process i will now go back to agenda items 10a and 10b agenda item 10a is the public hearing prior to the release of the petition for annexation case 22-161 for approximately eight acres of land located south of brown road on the west side of chrisman road i declare the public hearing open ms mosley do we have any requests to speak from the public on the side thank you do any council members wish to address this item thank you i declare the public hearing closed uh there is no action for this item at this meeting this annexation will come back to the council at a future council meeting for action again this was just to authorize uh petitions going forward uh item 10b is the public hearing prior to the release of the petition for annexation case 22-266 for approximately 89.8 acres of land located north of pecos road on the east side of south ellsworth road i declare the public hearing open ms mosley do you have any requests from the public to speak on this item no request mayor thank you do any council members wish to address this item hearing none i declared the public hearing closed again there's no action for this item and the annexation will come back to council at a future meeting next item on our agenda is items from citizens present ms mosley i believe you do have a request to speak on this item i do mayor i have three um email comments to read okay please proceed so the first is from jan weiler it's regarding new horizons with new horizons school says parents of students at new horizons school for the performing arts and administration are very concerned about the safety of students with the welfare of our community due to the homeless population that reside at stately stapley park across from our school and i have a comment from sue jones who is in arizona advocates for the homeless sue says homeless solutions i am out on streets firsthand every day interacting with the homeless helping them i suggest a huge building be built on the corner of university and mesa drive in that lonely vacant lot let's call it the one-stop shop which provides an umbrella of resources for our homeless in the city after spending years on the streets with this forgotten group of people i have the best plan out there check out my website for starters at www.arizonaadvocatesforthehomeless.org the building at that location would be the perfect spot right next to lifewell probation office cbi and then i received what looks like a letter from rick temple regarding water usage conservation it says good evening my name is rick temple i live at 7422 lompoc avenue mesa 85209 my sole purpose is for being here or my sole purpose for being here today which he's not so i'll skip that how much water do we have how long will it last what is the backup plan i have lived here for 25 plus years and i have had several opportunities to boat fish and enjoy the activities afforded by lake mead and powell however for the past 10 years i and many others have been alarmed by the significant drop in water level at these places i have placed numerous calls and written many letters to the city and state water boards here california nevada as well as colorado water authority requesting the same information from each one the responses i get are vague non-quantitative and in some cases downright misleading the most quoted replies were plenty a long time and in mesa's case we have an underground storage facility that captures groundwater for future use mesa may have an underground storage facility but it's not storing water at least not potable water it stores a liquid containing oil gas tar chemical residues fecal excrements and anything else that happens to be carried into it via the groundwater converting this concoction into drinkable water is going to be is going to require substantial funding and additional water i've been an engineer for over 40 years but it only takes marginal eyesight and a modicum of common sense to recognize the acute disparity between what is reality and what has been and still is being touted by our politicians as factual if we have so much water why are the lakes drying up why have we restricted water flow to the farmers in pinal county why is government ducey proposed one billion dollars for water conservation measures which by the way is late lame and only verbiage at this time this last item seems especially contradictory to what is being stated as fact and what everyone can see if we need to put that much money towards conservation why are we permitting more housing and corporate construction why aren't we stopping the growing of crops for export to foreign countries why are we allowing the expansion of water theme parks why not convert the gray water that golf courses use into potable water i recognize these actions have severe economic consequences but all are much less serious than the impeding decibel scenario that becomes reality without them i also realize that no one wants to be the canary in the coal mine that has to chirp out totally obvious but how long do you think this charade will work without an immediate moratorium on all construction a cessation of water usage to other nations at the expense of capacity to us our livelihoods and indeed our lives are in serious jeopardy so i'll repeat my purpose for my appearance here today all right thank you ms mosley that concludes the items on our agenda for this meeting is there a motion to adjourn thank you mr luna and mr thompson all in favor please say aye aye we are adjourned [Music] you