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[ Call to Order]

[00:00:03]

GOOD EVENING AND WELCOME TO THE REGULAR COUNCIL MEETING OF THURSDAY, MARCH 24TH, 2022.

UH, JUST FYI.

WE'VE GOT A REGULAR COUNCIL MEETING AND THEN THERE WILL BE A PUBLIC HEARING.

AND, UH, ON THAT SECOND AFTER THAT SECOND PART THERE'S COUNCIL ANNOUNCEMENTS.

SO WITH THAT, UH, CLERK, WILL YOU PLEASE ROLL CALL THE ROLL MAY HARKEY SURE.

NICE MIRO HERE.

COUNCIL MEMBER HARRIS, COUNCIL MEMBER LOPEZ, COUNCIL MEMBERS, STEWART COUNCIL MEMBER ELLIS.

YEAH.

AS A MEMBER ORLANDO, WE HAVE A QUORUM.

THANK YOU.

WE'RE INDICATION TONIGHT.

THIS BROUGHT FORTH BY RABBI HERSHEL, RUDY L ABRAMSON FROM TEMPLE BETH SHALOM OF THE EAST VALLEY AND OUR PLEDGE OF ALLEGIANCE BY COUNCIL MEMBER, STEWART, RABBI, UH, MAYOR MANAGERS' COUNCIL MEMBERS.

THANK YOU FOR HAVING ME.

IT IS JEWISH TRADITION TO OFFER A BIT OF LEARNING BEFORE A BLESSING.

AND IN REFLECTING ON THE IDEA OF GIVING AN INVOCATION OF BLESSING TO OTHERS, I WAS UNDERSTANDABLY DRAWN TO THE PRIESTLY BLESSING THAT'S DISCUSSED IN TORAH OR THE FIRST FIVE BOOKS OF THE BIBLE AND THE OBLIGATION OF THE HIGH PRIEST TO GIVE THIS BLESSING DAILY TO THE PEOPLE, REGARDLESS OF WHAT WAS GOING ON TO ENSURE THAT ALL THE PEOPLE WERE PART OF THAT COMMUNITY TOGETHER, BUT MORE SO THAT IT WAS THEIR LEADERSHIP THAT REQUIRED THEM TO MAKE THESE CONNECTIONS TO EACH AND EVERY MEMBER OF THE COMMUNITY.

AND SO I OFFER THIS AS A BLESSING, MAY EACH OF YOU NEVER FORGET THE OBLIGATION YOU HAVE TO YOUR CITY FOR YOUR COUNTRY, TO ALL THAT ARE AROUND YOU.

MAY YOU BE A BLESSING TO THOSE THAT YOU SERVE, MAY YOUR JUDGMENT BE TEMPERED WITH COMPASSION, MAY YOUR STRENGTH BE TEMPERED WITH MERCY.

AND WE, AT ALL TIMES YOU'LL BE A SOURCE OF JOY AND HOPE AND CONNECTION FOR YOURSELVES AND ALL THAT YOU SEE PLEASE JOIN ME IN RECITING THE PLEDGE OF ALLEGIANCE.

I STATES OF AMERICA, AND IT SEEMS THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.

THANK YOU.

WHERE AM I? THANK YOU.

COUNCIL MEMBER STEWART COUNCIL ON ONE OF THE ITEMS, ITEM NUMBER 21.

I HAVE QUITE A FEW SPEAKER CARDS THAT HAVE BEEN, UH, COME IN.

I WOULD LIKE TO, UH, REMOVE THAT ITEM FROM CONSENT AND PUT IT ON ACTION SO THAT WE CAN COVER ALL THE OTHER, UH, ITEMS WITH A SINGLE VOTE AND PEOPLE CHOOSE TO STAY.

THEY'RE WELCOME.

BUT ALSO THAT THEN WE WILL COVER THIS PARTICULAR ONE.

SO WITH THAT NEXT ON OUR AGENDA IS THE

[ Consent Agenda Items listed on the Consent Agenda may be enacted by one motion and one vote. If a discussion is required by members of the governing body, the item will be removed from the Consent Agenda for discussion and determination will be made if the item will be considered separately.]

CONSENT AGENDA.

SANDS ITEM NUMBER 21.

UH, EMOTION WOULD BE AN ORDER UNLESS THERE'S DISCUSSION NECESSARY OR DESIRE.

YEAH, COUNCIL MEMBER.

SORRY.

I MOVED TO MOVE THE APPROVE THE CONSENT AGENDA.

THE CITY COUNCIL STUDY TO SAY COUNCIL MEETING DATE IS MONDAY, MARCH 24TH, ALL ITEMS ONE THROUGH 51, OBVIOUSLY 21 B AND ACTION.

UH, SECOND OUT NEAR.

ALL RIGHT, COUNSEL, WE HAVE A MOTION OR A SECOND.

IS THERE ANY, UM, FURTHER DISCUSSION OR ITEMS NEEDING TO BE REMOVED? SO JUST A QUICK ONE THERE COUNCIL MEMBER, THE ONLY A HASH ON THE YIELD.

THEY, OOH, I ALMOST BLEW IT THAT NIGHT.

SORRY ABOUT THAT.

YOU HAVE EIGHT GUYS OUT THERE.

I HAD LET'S PUT IT THIS WAY.

I HAD A SON THAT WENT TO ASU.

ANOTHER SON WENT TO U OF A AND ANOTHER.

MY DAUGHTER WENT TO NAU, SO I HAVE ALL COVERED.

OKAY.

SO, SO FORGIVE ME.

UM, I JUST WANT TO SAY THANK YOU VERY MUCH FOR WHAT WE'RE TRYING TO DO WITH U OF A AND THE ORGANIZATION OUT THERE.

THERE HAS BEEN A LOT OF DISCUSSION ABOUT THE AMOUNT OF DOLLARS GOING TOWARDS THIS PROGRAMS, ECONOMIC DEVELOPMENT TYPE OF DOLLARS.

I HAD SOME GOOD CONVERSATION TODAY WITH OUR STAFF.

UM, UH, AND I WOULD HOPE THAT WE COULD, UH, AFTER THE NEXT, YOU KNOW, FOUR OR FIVE MONTHS, ONCE WE GET SOME DEFINITIVE ANSWERS ON WHAT THE TENANT IMPROVEMENTS ARE GOING TO BE.

AND SOME OF THE OTHER ITEMS THAT YOU GET BACK TO THIS COUNCIL AND GIVE US A BRIEFING ON THAT.

SO I THINK WE OWE THAT TO ANOTHER, THE COUNCIL, BUT ALSO THE RESIDENTS IN OUR COMMUNITY THAT HAVE QUESTIONS ON THAT.

SO CITY MANAGER, I THINK, YOU KNOW, WE HAD A GOOD CONVERSATION TODAY, YOU AND MIKE AND MYSELF.

SO HOPEFULLY WE GET AS SOON AS POSSIBLE, GET THOSE DATA BACK TO US TO BE ABLE TO, UH, DIGEST IT.

CERTAINLY WE CAN DO THAT.

AND AGAIN, WE'RE LOOKING FORWARD TO HAVING YOU, UH, EXPAND IN OUR COMMUNITY AND LOOK FORWARD TO SOME GOOD STUFF.

THANK YOU, MAYOR COUNCIL MEMBER.

YEAH, I'VE GOT A CONFLICT

[00:05:01]

OF INTEREST.

MY DAUGHTER ACTUALLY GOES TO U OF A AND SO JUST FOR THE SAKE OF IT, I JUST WANT TO REMOVE MYSELF FROM THAT IDA CITY ATTORNEY IS THAT CONSTITUTE A CONFLICT? I'M SORRY, CITY, A CITY ATTORNEY.

IF I MAY, MAYOR COUNCIL MEMBER HARRIS, IT COULD BE A CONFLICT OF INTEREST, BUT IT DEFINITELY FALLS WITHIN THE REMOTE INTEREST, WHICH REMOVES IT FROM A CONFLICT OF INTEREST BECAUSE THERE ARE MORE THAN 10 STUDENTS ATTENDING U OF A AND YOUR DAUGHTER IS ONE OF THOUSANDS.

ALL RIGHT.

ALL RIGHT, COUNSEL, UM, PLEASE VOTE.

COUNCIL MEMBER LOPEZ MOTION CARRIES UNANIMOUSLY.

THANK YOU.

ALL RIGHT.

SO EVERY ITEM OTHER THAN ITEM NUMBER 21 ON THE CONSENT AGENDA HAS NOW PASSED.

WE'LL TAKE UP ITEM

[21. Preliminary Development Plan, PLH21-0071 Kerry's Car Care Move City Council approve Preliminary Development Plan PLH21-0071 Kerry's Car Care for site layout and building architecture, located south of the southeast corner of Cooper and Pecos roads, subject to the conditions as recommended by Planning and Zoning Commission. Council Focus Area(s):]

21 AND VOTE ON IT AS A SEPARATE ITEM.

UH, WHETHER WE'RE GOING TO DO THIS IS THAT, UH, WE WILL HAVE STAFF COME AND, UH, MAKE A PRESENTATION AND THEN I'M GOING TO INVITE THE ZONING ATTORNEY.

I WILL THEN WORK THROUGH THESE CARDS AND GIVE THE ZONING ATTORNEY AN OPPORTUNITY TO SPEAK UP AGAINST.

I WILL TRY TO EQUILIBRATE THE AMOUNT OF TIME, UH, BACK AND FORTH.

AND, UH, WE'LL SEE HOW THAT GOES.

SO STAFF YEAH.

OKAY.

GOOD EVENING, COUNCIL.

THANK YOU.

MY NAME IS CHRISTINE GANN WITH THE PLANNING DIVISION AND THIS IS I AGENDA ITEM 21 AND IT IS FOR CARRIE'S CAR CARE, WHICH IS A REQUEST FOR PRELIMINARY DEVELOPMENT PLAN, UH, DIFFERENT FROM OTHER APPLICATIONS WHERE WE DISCUSS LAND, USE A PRELIMINARY DEVELOPMENT PLAN FOCUSES ONLY ON SITE AND BUILDING DESIGN A LITTLE BIT.

SAY THAT AGAIN, JUST FOR EMPHASIS.

I TONIGHT'S REQUEST IS ONLY IN REGARDS TO SITE AND BUILDING DESIGN.

SO NOT FOR USE JUST SITE AND BUILDING DESIGN.

CORRECT.

OKAY.

THANK YOU.

OKAY.

I HEAR ON THE SCREEN, YOU'RE SEEING THE SUBJECT SITE IT'S APPROXIMATELY ONE ACRE TO THE NORTH OF THE SITE IS AN EXISTING GAS STATION TO THE EAST, OUR GARDEN STYLE OFFICES, AND TO THE SOUTH AND WEST ARE SINGLE FAMILY HOMES.

A LITTLE BIT OF BACKGROUND ON THE SITE, UH, HERE, UH, ON THE LEFT SIDE OF YOUR SCREEN, YOU SEE THE LAYOUT THAT WAS APPROVED FOR THE SITE AS PART OF A PREVIOUS PDP APPROVED BY COUNCIL.

UH, AT THAT TIME IT WAS ZONED FOR COMMERCIAL USES, UH, WHICH PERMITS THE USE OF A AUTO REPAIR GARAGE THAT THE APPLICANT IS PROPOSING.

UH, SO AGAIN, THAT USE IS PERMITTED BY RIGHT, UM, WITH THE APPLICANT, AS YOU'LL SEE IN A COUPLE OF SLIDES, THEY'RE PROPOSING, UH, A LAYOUT THAT WILL LOOK DIFFERENT AND BUILDING ELEVATIONS THAT WILL LOOK SLIGHTLY DIFFERENT.

SO THAT'S WHY WE'RE HERE TONIGHT.

HERE IS THE PROPOSED SITE LAYOUT.

YOU CAN SEE THE SITE IS STILL ACCESSED IN A SIMILAR FASHION, ACTUALLY THE SAME EXACT FASHION FROM COOPER ROAD.

THAT CURB CUT IS THERE TODAY.

AND IT WILL CONNECT TO THE GAS STATION TO THE NORTH.

THE BUILDING IS SITUATED SLIGHTLY, UH, FURTHER TO THE NORTH FROM THE PREVIOUS APPROVAL.

UH, IT'S SUBSTANTIALLY SMALLER IN SIZE.

AND THE MAIN DIFFERENCE BEING OF COURSE, IS THAT THIS LAYOUT ACCOMMODATES VEHICLES TO ENTER THE BUILDING FROM THE NORTH, YOU CAN SEE WITHIN THE BUILDING PLAN, THERE ARE EIGHT PROPOSED, UH, BAYS FOR VEHICLES TO BE WORKED ON.

THESE ARE THE PROPOSED ELEVATIONS.

THEY'RE USING THE SAME MATERIALS PROPOSED IN THE PREVIOUS PDP TO HAVE A COORDINATION WITH THE GAS STATION TO THE NORTH.

CAUSE IT'S ALL PART OF ONE CENTER.

AS YOU'RE SEEING STONE VENEER REACHING UP TO A DEEP EAVE WITH SOME, UH, BRACKET ACCENTS, UH, A GABLE ROOF LINE AND A FLAT PEAR PIT REFINE AND TRELLIS ACCENTS AND PLANTINGS ALONG THE, THE FACADE.

UH, HERE ARE A FEW SLIDES TO COMPARE.

THE TWO ON THE LEFT, OF COURSE, IS THE PREVIOUS, UH, PDP AND ON THE RIGHT IS THE PROPOSED.

UH, THIS EXHIBIT SHOWS THE SETBACKS.

UH, THE BIG ONE TODAY IS THE, ON THE RIGHT UCB, 88 FOOT SETBACK TO THE SOUTH THAT IS PROPOSED VERSUS THE 49 FOOT SETBACK OF THE PREVIOUS PDP.

UH, THIS WAS INTENTIONAL BY THE APPLICANT OF COURSE, TO TRY TO DESIGN THE SITE, UH, TO BEST ACCOMMODATE THE PERMITTED USE AND GIVE CONSIDERATION TO THE NEIGHBORS TO THE SOUTH.

THE SETBACK HAS ALSO INCREASED TO THE EAST, UH, TOWARDS THE OFFICES AND ALSO TO THE NORTH, UH, MAINLY TO ALLOW

[00:10:01]

AUTO ACCESS INTO THE NORTHERN PART OF THE BUILDING.

THE SETBACK THAT HAS REDUCED IS THE BUILDING HAS GOTTEN CLOSER TO THE ROAD TO THE WEST, MAINLY BECAUSE NOT AS MANY PARKING SPACES ARE PROPOSED LOOKING AT THE BUILDING SIZE PREVIOUSLY, WE, THE BUILDING WAS 14,000 SQUARE FEET.

THE CAR REPAIR CENTER TODAY IS PROPOSED THAT 8,400 SQUARE FEET.

AND ON THIS SIDE, I ALSO GO OVER THE BUILDING HEIGHT.

THE EXISTING BUILDING HEIGHT IS 23 FEET, 10 INCHES, WHERE IT'S CLOSEST TO THE NEIGHBORS TO THE SOUTH, AND IT APPROACHES 32 FEET, EIGHT INCHES AT THE TOP OF THAT PREVIOUSLY APPROVED, UH, GABLE ROOFLINE, UH, TODAY THE PROPOSAL IS SIMILAR, BUT SLIGHTLY SHORTER, 20 FEET, FOUR INCHES NEAR THE NEIGHBORS, AND IT WILL REACH 30 FEET AT THE TOP OF THE GABLE, UH, COMPETITIVE SLIDE OF THE ELEVATIONS.

THE MAIN DIFFERENCE YOU'RE SEEING, UH, A SMALLER BUILDING AND FEWER WINDOWS BECAUSE WE DON'T HAVE INLINE SHOPS PROPOSED.

YOU'RE SEEING, UH, STORAGE AREAS ON THIS FACADE.

AND OF COURSE, I MEAN THE NORTH ELEVATION, YOU'RE SEEING THAT OVERHEAD DOOR FOR THE VEHICLES TO ENTER A LITTLE BACKGROUND ON THE PUBLIC INVOLVEMENT PROCESS.

THE APPLICANT HELD TWO NEIGHBORHOOD MEETINGS AT THE FIRST NEIGHBORHOOD MEETING.

THEY HEARD OPPOSITION FROM THE RESIDENTS AND CONCERN, UH, MAINLY RELATING TO THE NOISE.

UM, AND THEN LATER REGARDING, UH, THE HEIGHT AND LANDSCAPING THAT IS PROPOSED, THE APPLICANT PERFORMED A SOUND STUDY AND THEN HOSTED A SECOND NEIGHBORHOOD MEETING WHERE THEY WENT OVER THE FINDINGS.

UH, AFTER THAT SECOND MEETING, THE SOUND CONCERNS STILL REMAINED.

UH, SO OF COURSE TODAY WE HAVE A NUMBER OF RESIDENTS HERE TO SPEAK, UH, BEYOND THE SOUND STUDY, A LITTLE BIT MORE INFORMATION OR SOUND OPPOSITION.

UH, MR. RUSSELL AT A NEARBY RESIDENT CREATED A PETITION WHERE HE HAD 110 NEIGHBORS SIGN WITH SIMILAR FEELINGS ABOUT PHYSICIAN.

UH, THEIR MAIN CONCERN AGAIN IS THE NOISE OF THE LARGE LOUD PNEUMATIC TOOLS, UH, AND ADDITIONAL VEHICLES, THE NOISE THAT THOSE WOULD GENERATE, UH, AND THEY, THEY REQUESTED OR, UH, SHARED A DESIRE FOR IT.

A TYPE OF A BUFFER BUILDING, A LAND USE BUFFER HERE, THE APPLICANTS PROPOSING IN THEIR SITE DESIGN A BIG 88 FOOT SETBACK BETWEEN THEM AND THE NEIGHBORHOOD.

AND WHAT THE RESIDENT SHARED IS THAT THEY LIKED HAVING A BUILDING ON THE SITE THAT WAS, YOU KNOW, WHAT THEY PERCEIVE AS CONTAINING MORE PASSIVE USES.

THEY LIKED HAVING THAT DESIGNED IN PLACE AS A BUFFER.

SO IN SUMMARY, THE SOUND STUDY, AND I CAN LET THE APPLICANT GO OVER.

THE DETAILS IS SIMPLY THAT IT CONVEYED THERE WOULD NOT BE AN IMPACT THAT THE SOUND LEVELS WERE ESSENTIALLY THE SAME, UH, THAT SOUND STUDY MADE RECOMMENDATIONS TO FURTHER DECREASE THE NOISE.

AND AS THE APPLICANT CAN GO OVER, THEY'VE AGREED TO BE STIPULATED TO MEET SOME OF THOSE REQUIREMENTS OR SUGGESTIONS, OR THEY'VE AGREED TO, UH, THEY'VE PREPARED A LETTER OF COMMITMENT TO OTHERWISE MEET.

THE SUGGESTIONS.

STAFF HAS RECOMMENDED APPROVAL OF THE REQUEST.

PLANNING COMMISSION HAS ALSO RECOMMENDED APPROVAL OF THE REQUEST AND TO SUPPORT THAT WE DO HAVE A NUMBER OF CONDITIONS I'VE ABBREVIATED THE, THE PARTICULAR CONDITIONS ON THE SCREEN IN FRONT OF YOU.

UH, YOU WILL SEE THAT THERE'S A NUMBER OF STIPULATIONS REGARDING ENHANCED LANDSCAPING TOWARDS THE SOUTH, THE EAST AND THE WEST PROPERTY LINES FOR REASONS, SIDE SCREENING, AND THEN ALSO TO AID IN THAT PERCEIVED SEPARATION AND POTENTIALLY NOISE, UH, RE REDUCING AS WELL.

UH, WE FURTHER STIPULATE JUST TO CONFIRM ITEMS IN THE SITE EXHIBIT, UM, FOR EXAMPLE, STIPULATION NUMBER NINE, THE SITE'S LIMITED TO ONE OVERHEAD AUTOMOTIVE DOOR, JUST ONE.

AND IT'S LOCATED ON THE NORTH OF THE PROPOSED BUILDING.

UH, THE AIR COMPRESSOR STIPULATION SIX GOES OVER PARTICULAR INSTALLATION AND CONSTRUCTION METHODS FOR THE HOUSING AROUND THE AIR COMPRESSOR TO FURTHER REDUCE NOISE.

AND THE REMAINING ARE PRIMARILY, UH, REGARDING ENHANCED SIZE OF TREES AT THE PLANTING.

SO THERE'LL BE 36 OR 48 INCH BOX.

AND ADDITIONALLY ALSO THEY WILL BE AT LEAST 12 FEET IN HEIGHT TO ENSURE WE GET A GOOD SIZE.

ALSO ALONG THE SOUTHERN PROPERTY LINE BEYOND BEING 36 OR 48 INCH BOX AND 12 FEET IN HEIGHT, THEY WILL ALSO NEED TO BE OF SIMILAR CANOPY EXISTING OF THE EXISTING CANOPY, UH, IF THEY NEED TO REPLACE ONE OF THOSE TREES.

SO WE REALLY TRIED TO WORK ON THOSE STIPULATIONS TO ENSURE THERE WAS A SOLID BUFFER THERE.

UM, SO AGAIN, WE DID FIND IT CONSISTENT WITH THE GENERAL PLAN, WHICH GOES OVER HAVING A TRANSITION BETWEEN, UH, COMMERCIAL DEVELOPMENT AND

[00:15:01]

RESIDENTIAL DEVELOPMENT AND FOR HAVING HIGH QUALITY DESIGN.

UH, AND WITH THAT, I'LL TAKE ANY QUESTIONS OR STEP ASIDE FOR THE APPLICANT COUNSEL, ANY QUESTIONS AT THIS POINT, COUNCIL MEMBER ORLANDO.

HI.

GOOD JOB.

THANK YOU FOR MEMORIZING.

CAN YOU GO BACK TO THAT PICTURE WHERE YOU'RE SHOWING THE 30 FOOT HEIGHT OF THE BUILDING AND TELL ME WHAT THAT IS THERE.

SO ARE YOU, YEAH, WHAT'S 30.

THAT IS THAT 30 FEET RIGHT THERE.

MARY COMES FROM ORLANDO.

YES.

THAT 30 FEET WILL BE AT THE TOP OF THE PEAR PIT THERE.

SO QUESTION BECAUSE ONE OF THE COMMENTS WAS THIS WAS 30 FOOT BUILDING.

AND EVEN WHETHER IT'S FRONT OR BACK, THERE'S STILL 30 FEET THERE.

WHY IS THAT SO LARGE COULDN'T HAVE BEEN SHORTER OR LESS PROMINENT THROUGH THE MAYOR, COUNCILMAN? UM, THEY, THEY COULD POTENTIALLY DESIGN THE BUILDING LOWER.

THEY PROPOSE THIS DESIGN BECAUSE IT IS VERY SIMILAR TO THE EXISTING PDP THAT WAS APPROVED THAT, UH, THAT DESIGN HAS BEEN APPLIED TO THE CIRCLE.

K I JUST TO REMAIN CONSISTENT.

OKAY.

AND, UM, AND MAYBE YOU DON'T KNOW THE ANSWER TO THIS.

I COULD ASK THE APPLICANT, UM, THE AIR COMPRESSOR, IF THEY'RE THE STOIC, THE NOISE STUDY INDICATED SOMETHING ABOUT USING ELECTRIC, WOULD THEY STILL NEED AN AIR COMPRESSOR IF THEY'RE GOING TO USE ELECTRIC I'LL, I'LL DEFER THE APPLICANT TO ALL RIGHT.

UM, AND YOU SAID THE, THE SCREEN, CAN YOU GO BACK TO THE, UM, THE, UM, ONE WITH ALL THE LANDSCAPING? OKAY.

SO ORNAMENT, AND TO ME, THIS IS, UH, ON THE, UH, THE, UM, PROPOSED PDP COOPER.

OBVIOUSLY THE RESIDENTS OF THE WEST, THEY HAVE A LUSH LANDSCAPING ALREADY THERE IS THAT WHAT I'M LOOKING AT, UH, ALONG COOPER ROAD, THERE IS EXISTING LANDSCAPING IN PLACE NOW, UH, WHEN THEY GO IN AND CONSTRUCT THEIR BUILDING, THEY WILL ENHANCE IT TO BRING IT UP TO CURRENT DAY STANDARDS.

AND THEN THERE'S A FURTHER, ACTUALLY HAVE A SLIDE.

THERE WE GO.

UH, SO EACH OF THESE COMMENTS PERTAINS TO THE RESPECTIVE PROPERTY LINE.

SO ANY NEW TREES THAT ARE REQUIRED ALONG THAT COOPER ROAD WILL BE AT LEAST A 36 INCH BOX AND 12 FEET TALL.

SO THAT WILL BE AN ENHANCEMENT, UH, ALONG THAT ROAD.

OKAY.

THANK YOU, MARY.

I GOT OF THE QUESTION, BUT I'LL HOLD WELL, THANKS COUNSEL.

ADDITIONAL QUESTIONS, COUNCIL MOTHERS VESPER.

THANK YOU, MAYOR.

UM, SO JUST TO BE CLEAR HERE, WE HAD AN ORIGINAL PDP THAT'S BEEN APPROVED FOR THEM, AND THEY COULD BUILD THAT WITHOUT OUR, ANY FURTHER APPROVAL FROM THE AMERICA COUNCIL.

IS THAT TRUE? UH, THROUGH THE MAYOR, COUNCILMAN? YES.

UH, ON YOUR SCREEN, OR AS YOU SEEN EARLIER, THERE IS AN EXISTING PDP, WHICH APPEARED TO SHOW LIKE INLINE SHOPS, UH, AND HERE ON YOUR SCREEN, YOU SEE ELEVATIONS OF THE PREVIOUS PDP THAT HAS BEEN APPROVED THAT THEY COULD BUILD TODAY.

ALL RIGHT.

SO IF IT WAS REJECTED TODAY, I COULD GO BACK AND BUILD WHAT WAS ORIGINALLY DESIGNED.

YES.

AND, AND THERE IS NO SOUTH ACCESS FOR VEHICLES OR BIG TRUCKS FOR PEOPLE TO, UH, FOR DELIVERIES OR GARBAGE TRUCKS FOR THE SOUTH ON THE NEW PLAN, UH, THROUGH THE MAYOR, COUNCILMAN ON THE NEW PLAN, THERE IS NOT ON THE PREVIOUS PLAN.

THERE ALSO WAS NOT, THANK YOU SO MUCH FOR YOUR PRESENTATION, UM, TO CONTINUE WITH WHAT COUNCIL MEMBER ORLANDO WAS ASKING.

I KNOW WE TALKED ABOUT THE HEIGHT OF THE BUILDING, BUT THIS IS NOT REALLY WHAT'S IN QUESTIONS RIGHT NOW.

IT'S THE HEIGHT OF THE BUILDING.

MY UNDERSTANDING IS CLEAR.

THERE'S NO COMPLAINT ABOUT THAT, BUT THE COMPLAINT IS ABOUT THE NOISE.

AND SO FAR YOU HAVE DEMONSTRATED THAT THE APPLICANT HAS DONE EVERYTHING IN THEIR POWER TO NICK TO MAKE SURE THAT THE NOISE IMPACT IS LESSENED, OR CAN WE TOTALLY TAKEN OUT NOISE, UH, THROUGH THE MAYOR, COUNCILMAN I, THE APPLICANT HAS MADE I THE COUNSEL, I'M SORRY.

THE APPLICANT HAS MADE A NUMBER OF CHANGES TO FURTHER, UH, DECREASE THE NOISE OF THE PERMITTED USE THROUGH SITE DESIGN AND BUILDING DESIGN CHANGES.

I HAVE SEEN THOSE EFFORT.

THANK YOU, MAYOR COUNCIL MEMBER HER.

YEAH, AND I, I DO CONCUR THAT, THAT THERE WERE SOME, UM, PEOPLE THAT WERE SO CONCERNED ABOUT NOISE, BUT I THINK THE NOISE LEVELS THAT IT'S ABOUT THE SAME LEVEL THAT I'M TALKING TO EVERYONE IN THIS ROOM RIGHT NOW, IT'S ABOUT THE SAME NOISE LEVEL THAT, THAT WILL BE PRODUCED FROM A SHOP THAT'S IN CLOSED ABOUT, RIGHT.

UH, THROUGH

[00:20:01]

THE MAIL.

I'LL LET THE, THE SOUND ANALYST, I BELIEVE THIS YEAR AT THE APPLICANT.

AND I'D RATHER DEFER TO THEM FOR DETAILS.

YES.

THANK YOU, CHRISTIAN.

UM, WHY DON'T WE BRING UP THE APPLICANT? I DON'T GIVE A FULL PRESENTATION, BUT A COUPLE OF SLIDES FOR THE RECORD, ADAM BARR, 25, 25 EAST ARIZONA BILTMORE CIRCLE.

UM, I THINK WHEN YOU EVALUATE THESE TYPES OF QUESTIONS WITH PROPERTIES THAT ARE ALREADY ZONED FOR THE TYPE OF USE, UM, WHEN YOU'RE DOING A PDP CHANGE, SOMETIMES YOU ASK YOURSELF, IS THIS A DEPARTURE FROM WHAT WAS PREVIOUSLY SHOWN REGARDING BUILDING SITE LAYOUT, ARCHITECTURE, DESIGN, SETBACKS, AND AS A NEW USER COMES IN, IN WHAT WAYS CAN YOU DESIGN IT TO BE MORE COMPATIBLE GIVEN THAT THERE MAY BE SOME CHANGES? AND SO WHAT I WANT TO DO IS JUST SHOW A COUPLE OF THINGS REAL QUICK THAT I THOUGHT WERE HELPFUL FOR THE DISCUSSION.

COULD THEY POSSIBLY, UM, ANSWER MY QUESTION BEFORE HE GOES INTO A PRESENTATION JUST ABOUT THE SOUND THING? WELL, I THINK HE'S GOING TO HAVE A SUN PERSON COME UP A LITTLE BIT LATER AND I DO HAVE A SOUND SLIDE IN HERE THAT WILL ANSWER YOUR QUESTION FOR YOU.

UM, LET ME SHOW YOU, I START WITH THIS A LARGE BUILDING ABOUT 14,000 SQUARE FEET.

SO THE FIRST QUESTION MIGHT ASK YOURSELF IS, IS THIS EQUAL IN SIZE OR SMALLER? AND WE ARE COMPARATIVELY MUCH SMALLER ABOUT 8,000 SQUARE FOOT AS OUR BUILDING PROPOSE.

THE NEXT QUESTION MIGHT ASK YOURSELF IS, IS THE ARCHITECTURE OF SIMILAR NATURE, QUALITY DESIGN, AND MATERIALS.

AND AS YOU CAN SEE, THE ABOVE ELEVATE THE UPPER ELEVATION 2016, COMPARED TO THE ELEVATION TODAY ARE VERY SIMILAR, PARTICULARLY TO COUNCIL MEMBER ORLANDO'S COMMENT REGARDING THE ARCHITECTURE HEIGHTS AND PARAPETS 2016.

YOU COULD HAVE UP TO A 32 FOOT TALL PARAPET.

WE ARE NOW AT A 30 FOOT TALL PARAPET, AND THE ROOF ELEVATION PREVIOUSLY WAS AROUND 21 TO 23.

OUR ROOF ELEVATION IS NOW AT 20, SO MANY WAYS WE'RE ACTUALLY CONSISTENT OR EVEN JUST A LITTLE BIT LESS.

WE WANT TO LOOK AT THESE TWO TOGETHER.

THEY LOOK AND FEEL SUBSTANTIALLY SIMILAR.

ANOTHER THING THAT I START TO LOOK AT, I THINK MOST IMPORTANTLY IS NOISE.

THERE'S A COUPLE OF WAYS TO ADDRESS THE NOISE.

MANY OF THAT IS IN THIS SITE, DESIGN AND IMPLEMENTATION.

I THOUGHT CHRISTINE DID A FANTASTIC JOB DESCRIBING SOME OF THE WAYS THAT WE'VE ADDRESSED THE NOISE, BUT I THOUGHT IT'S HELPFUL TO LOOK AT THIS EXHIBIT HERE, A SETBACK THAT'S BETWEEN 89 FEET, 109 FEET ON THE SOUTH SIDE, DELIBERATELY PUSHED AWAY FROM THE NEIGHBORS AT, AT ITS GREATEST EXTENT POSSIBLE.

THE SECOND WAY WE'VE DESIGNED THIS TO BE COMPATIBLE IS BY PUTTING THE, THE GARAGE DOOR ON THE NORTHERN END OF THE BUILDING, RATHER THAN ON THE SOUTHERN END OR ON THE WESTERLY END.

THAT'S INTENTIONAL BECAUSE IT FACES THE COMMERCIAL AREA.

INSTEAD OF THE RESIDENTIAL AREA.

A THIRD WAY IS WE HAVE ONE SINGULAR GARAGE DOOR.

WHEN YOU LOOK AT A LOT OF YOUR AUTOMOTIVE REPAIR FACILITIES, THERE'S MULTIPLE DOORS AND MULTIPLE CARS PULL IN AND MULTIPLE DOORS OPEN.

YOU HAVE ONE SINGLE ONE, AND ALL THOSE OPERATIONS ARE CONTAINED ON THE INSIDE.

THOSE ARE SOME THREE KEY CONSIDERATIONS THAT WE DID TO TRY TO OPTIMIZE THE SITE.

WE WENT BACK AND LOOKED AT THE NOISE STUDY NOISE IS ALWAYS REFLECTIVE AND HAS TO BE CONSIDERED WHETHER IT'S AMBIENT ENVIRONMENT AND I DON'T KNOW AN EXPERT LEVEL OF NOISE, BUT WE DID HIRE A PROFESSIONAL WHO DID THAT ANALYSIS.

AND WHEN THEY COMPARE THE NOISE TO ITS PRESENT CONDITIONS RELATIVE TO ITS PROXIMITY TO RESIDENTIAL BOUNDARIES, YOU'LL SEE IN THIS THIRD BULLET POINT THERE THAT THE INCREASE IN NOISE LEVEL IS SO INSIGNIFICANT THAT IT'S HARD TO ACTUALLY MEASURE IT IN A MANNER THAT HAS A, UM, DEMONSTRATIVE, UH, INCREASE IN MANY WAYS.

IT IS VERY SIMILAR TO WHAT YOU'D EXPECT TO SEE AN ARTERIAL CEREAL, MAJOR ARTERIAL INTERSECTION NEXT TO A GAS STATION AMONG OTHER THINGS.

SO THE TRUTH OF THE MATTER IS YES, THERE WILL BE SOME DEGREE OF NOISE, BUT IN DEGREE THAT'S LARGELY INSIGNIFICANT RELATIVE TO THE SURROUNDING CONDITIONS IN THAT AREA.

THAT BEING SAID, I THINK NOISE AMONG ALL THE ISSUES THAT ARE RAISED BY THE NEIGHBORS NEEDS TO BE ADDRESSED IN A COUPLE OF DIFFERENT WAYS.

AND SO THERE'S SOME THINGS THAT WE'VE BEEN ABLE TO DO, AND I APPRECIATE THE WAY STAFF OUTLINED THE CONDITIONS OF APPROVAL.

I WON'T GO THROUGH THEM, BUT I THINK YOU SAW THEM TODAY.

THEY'RE VERY HELPFUL TO STEER THAT DISCUSSION, BUT SOME COMMITMENTS THAT WE'VE BEEN ABLE TO MAKE.

AND I THINK THE NOISE CONTROL MEASURES THAT WERE IDENTIFIED IN THE NOISE STUDY ARE THINGS THAT WE'VE EXPRESSED AND BE ADOPTED THROUGH STIPULATIONS OR THROUGH LETTER OF COMMITMENT.

AND I'LL JUST KIND OF REFERENCE SOME OF THESE REAL QUICK, BUT THIS IS IN THE PACKET, FOR EXAMPLE, USING AN ELECTRIC LIFT RATHER THAN A PNEUMATIC LIFT, UM, PUTTING, UH, THE BRAKE LATHE INSIDE INTERIOR SIX FOOT HIGH CONCRETE MASONRY WALLS WITHIN AND SCHILLING, THE AIR COMPRESSOR, ALL THESE OPERATIONS OCCURRING ON THE INSIDE THE MIDDLE ROLL OF DOORS BEING CLOSED FOR PARTS OF THE MORNING.

AND TO THE GREATEST EXTENT POSSIBLE INTO THE EVENING, OUR HOURS OF OPERATION, EVEN BEING LIMITED IN WHAT YOU CAN OTHERWISE MISS BE PERMISSIBLE

[00:25:01]

IN THE COMMERCIAL DISTRICT.

SO I CAN'T SAY THAT I'VE BEEN ABLE TO SOLVE ALL CONCERNS AND FRANKLY, MAYBE I HAVEN'T BEEN ABLE TO SOLVE ANY OF THEM, BUT I CAN SAY THAT WITH REGARD TO THE SITE DESIGN AND THE WAY IT'S BEEN LAID OUT, IT'S BEEN LAID OUT IN THE BEST MANNER POSSIBLE TO HAVE THE GREATEST, UM, BENEFICIAL IMPACT AND THE LEAST NEGATIVE INFLUENCE.

AND WHAT'S THE NOISE STUDY BEING PREPARED AND THE NUMBER OF CONCESSIONS THAT WE'VE MADE AS WELL AS THE STIPULATIONS FROM STAFF.

I THINK IT'S IN A MANNER THAT'S CONSISTENT WITH THE ARCHITECTURE AND DESIGN THAT YOU EVALUATE WHEN CONSIDERING A PDP AND THE LAND USE AND THE OPERATIONS THAT ARE ALLOWED TODAY ARE PART OF THE PRESENCE THAT EXISTED LONG BEFORE WE CAME TO THIS PROPERTY.

SO WITH THAT, UM, COUNCIL MEMBER HARRIS, I'D BE HAPPY TO BRING UP THE NOISE CONSULTANT IF YOU THOUGHT THAT WAS HELPFUL FOR FURTHER ENLIGHTENMENT, BUT HE IS HERE IN THE AUDIENCE.

THANK YOU.

ALL RIGHT.

I HAVE, CAN I CANCEL EATING? I'M SORRY.

YES.

COUNSEL MS. STEWART, MR. BO, UM, W WHAT ARE THE HOURS FOR THE LOCATION THAT THEY'RE PROPOSING? THAT WAS AN OPERATION, OUR 7:00 PM ON THE WEEKDAYS AND 5:00 PM ON SATURDAYS.

AND WHAT TIME DID THEY START? HERE WE GO.

FRIDAY 7:00 AM TO 7:00 PM ON MONDAY THROUGH FRIDAY, SATURDAY 7:00 AM TO 5:00 PM.

AND ON SUNDAYS THEY ARE CLOSED.

HMM.

OKAY.

HERE WE DONE GOT SO MUCH STUFF.

SO, SCOTT, HOW ARE YOU? VERY GOOD QUESTION FOR THE EARLIER ABOUT THE COMPRESSORS.

WHY DO WE NEED A COMPRESSOR IF THE COMMITMENT IS TO USE ELECTRIC? WELL, I DON'T KNOW IF I'LL HAVE ALL TOOLS THAT WILL BE ELECTRIC.

I THINK STILL WITH MECHANICS, THERE ARE SOME NEED FOR PNEUMATIC TOOLS, HENSON, AIR COMPRESSOR, UM, REMOVING, SO BE MOVING TIRES, FOR EXAMPLE, I DON'T KNOW IF I'VE EVER SEEN AN ELECTRIC.

YEAH, I, I'M NOT, UH, AGAIN, UM, EVERYTHING I DO TODAY, I CAN'T DO ANYTHING IN MY OLD CAR ANYMORE, SO I DON'T EVEN KNOW WHAT THEY'RE DOING TODAY.

SO, SO YOU CAN'T GUARANTEE IS WHAT YOU'RE SAYING? I CAN'T, I CAN'T COMMIT TO ALL ELECTRIC.

SO CITY I'M WITH QUESTION TO CITY ATTORNEY, WE HAVE A LIST OF COMMITMENTS HERE BY DEVELOPER.

HOW LEGALLY BINDING IS THAT? UM, MAYOR, IF I MAY COUNCIL MEMBER LANDO, UM, IF WE ATTACH IT TO THE APPROVAL, IT IS ENFORCEABLE.

SO FAIRNESS TO SAY, IF THE COUNCIL WERE TO APPROVE THE PDP TONIGHT AND INCLUDE THE COMMITMENTS BY THE DEVELOPER, THEN IT WOULD BE AN ENFORCEABLE PART OF THE PDP.

OKAY.

SECOND, UM, BACK TO YOU ABOUT, UM, THE RESIDENCE, UH, INDICATED THAT THERE WAS AN OFFER TO ME TO EXTEND THE HEIGHT OF THE SOUTH WALL, WHICH ADJACENTLY ABUTS, THE HOMEOWNERS ASSOCIATION HAD.

WE HAD FURTHER DISCUSSION ON THAT.

I DON'T THINK WE'VE REFINED THAT, BUT I THINK WE'RE OPEN TO THE IDEA, SET IT TO APPROVAL BY PLANNING STAFF.

OKAY.

SO, WELL, WE'D HAVE TO MAKE THAT A CONDITION AS WELL.

YEAH.

I MEAN, I THINK OF PROBABLY THE BEST TO HAVE IT AS APPROVED BY PLANNING STAFF SO THEY CAN MAKE SURE IT'S IN A MANNER THAT THEY'RE COMFORTABLE WITH REGARDING THE OVERALL ARCHITECTURE, BUT THAT IS AN ARCHITECTURE ELEMENT THAT WOULD BE EASY TO MAKE AN ACCOMMODATION.

COULD YOU EXPLAIN THIS? WHAT YOU'RE ASKING? COUNCIL MEMBER ORLANDO.

THAT'S VERY SIMPLE.

THE RESIDENTS SAID TO ME THAT THERE HAS BEEN AN OFFER TO BE MADE TO THAT BY YOUR ORGANIZATION WOULD RAISE THE WALL AT LEAST EIGHT FEET.

WE TALKING ABOUT THE SOUTH WALL.

I THOUGHT YOU WERE BURNED IN THE BUILDING ELEVATION.

UM, I DID SAY RESIDENCE WALL TO THE SOUTH, BUT THAT'S OKAY.

OKAY.

LET ME CONFIRM MY NEW JERSEY ACCENT, I GUESS IT'S THROUGH YOU.

I GOT THE, I GOT THE, YES.

SO THE ONLY QUESTION I'LL HAVE TO ANALYZE IS IF IT'S AN EXISTING WALL, I DON'T KNOW IF IT'S ENGINEERED TO BE AN EIGHT FOOT WALL.

SO SOMETIMES YOU CAN ADD BLOCK ONTO A WALL IF IT'S STRUCTURAL ENGINEER TO BEGIN WITH, BUT IF IT'S NOT, THEN YOU'RE TEARING DOWN AND THERE'S JUST AN EXISTING WALL, WHICH I'M NOT SURE IS RIGHT.

ANSWER TO SOLVE THAT PROBLEM.

SO I THINK IF IT'S POSSIBLE, WE WOULD PURSUE IT.

OKAY.

THAT'S FINE.

NO, THANKS MIRROR.

OKAY.

ANY ADDITIONAL QUESTIONS FOR MR. BELL? ALL RIGHT.

THANK YOU.

AND I'LL GIVE YOU THE OPPORTUNITY TO COME BACK.

IF THERE'S SOME QUESTIONS THAT NEED TO BE ANSWERED BY THE RESIDENTS, ET CETERA.

ALL RIGHT.

I'VE GOT EIGHT CARDS HERE.

UM, SOME COME WITH, I THINK YOUR SCRIPT AS WELL, THAT I THINK I'M THE ONLY ONE THAT'S RECEIVED THEM, BUT WE CAN MAKE THE, UM, IT WAS JUST HANDED TO THE CITY CLERK, BUT WE CAN MAKE A COPY AND MAKE SURE THAT EVERYONE HAS THAT.

UM, I'M GOING TO GIVE EVERYONE THREE MINUTES AND, BUT IF YOU FIND YOURSELF SAYING THE SAME

[00:30:01]

THING, CAN YOU JUST SAY, I AGREE WITH THEM, IF YOU'VE GOT A SEPARATE CONCERN, WHETHER IT'S, UH, NOISE OR AR OR THIS, I DON'T THINK IT'S HELPFUL TO, TO REITERATE THE EXACT SAME WORDS.

SO IF YOU'VE GOT, UH, YOU CAN CERTAINLY AGREE WITH THEM AND LET US KNOW.

UM, AND WE'LL GO FROM THERE AND I'M GOING TO CALL YOU UP ON THE WAY THAT THEY HAVE BEEN PRESENTED TO ME FIRST IS PAUL UPHILL.

SO IF YOU'D PLEASE COME UP AND SHARE YOUR NAME AND ADDRESS, AND I'D LIKE TO KNOW, UM, JUST FOR REFERENCE, WHEN YOU SHARE YOUR ADDRESS, WHERE ARE YOU IN PROXIMITY TO THIS BUILDING? ARE YOU, YOU CAN SHARE THAT WHEN YOU GET UP HERE, SIR, WHEN YOU GIVE YOUR ADDRESS, UH, BUT JUST ARE YOU, ARE YOU RIGHT ACROSS YOU HOUSES AND THAT'S WHAT I'M KIND OF LOOKING FOR.

AND BY THE WAY, JUST SHARE YOUR NAME AND ADDRESS.

THEN THE LIGHTS WILL KIND OF GIVE YOU A DIRECTION.

YOU'VE GOT 30 SECONDS LEFT WHEN IT TURNS YELLOW.

AND IS THAT THERE WE GO.

OKAY.

UM, SO MY BACKYARD, YOUR NAME FORRESTER.

MY NAME IS PAULA UPHILL.

THANK YOU.

OKAY.

YOUR ADDRESS, UH, ADDRESS IS 1980 EAST SPRINGFIELD PLACE.

THANK YOU.

UM, MY BACKYARD, UH, FACES THE CIRCLE K, WHICH I'M VERY UPSET ABOUT THAT.

UM, IT WILL ALSO FACE THE, UH, AUTO SHOP, UM, THERE'S WAY TOO MUCH NOISE AS IT IS, UM, TO SOLVE THIS.

THEY SHOULD JUST GO SOMEWHERE ELSE AND PUT THEIR BUILDING SOMEWHERE ELSE BECAUSE THE NOISE IS SOMETIMES INTOLERABLE WITH ALL THE TRAFFIC AND, UH, MOTORCYCLES WITH OPEN HEADERS AND RACE CARS, YOU KNOW, JUST HAULING, LIKE IT'S LIKE A DRAG STRIP RIGHT THERE.

SO, YOU KNOW, I DO NOT WANT A AUTO MECHANIC SHOP RIGHT ACROSS THE STREET FROM ME.

I DON'T GET ANY PEACE AND QUIET MY BACKYARD AS IT IS NOW AND THE RESIDENTS WE DON'T WANT, SO THEY NEED TO GO SOMEWHERE ELSE.

THAT'S IT.

THAT'S PLAIN AND SIMPLE, YOU KNOW, HE'D DO ALL THESE NOISE STUDIES WILL.

HOW DO YOU KNOW IF THE SHOP'S NOT EVEN THERE YET? I MEAN, JUST I'D LIKE THEM TO GO SOMEWHERE ELSE.

WE DON'T WANT TO AUTO MECHANIC SHOP THERE, PERIOD.

THANK YOU.

THAT'S ALL I GOT TO SAY.

THANK YOU, SIR.

NEXT UP IS KIM MERRITT AND TIM, SAME THING, NAME AND ADDRESS FOR THE RECORD.

IF YOU COULD JUST TELL US EXACTLY, YOU KNOW, IN YOUR WORDS WHERE THE HOUSE IS COMPARATIVE TO THIS, UH, GOOD EVENING.

UM, UH, TIM MERIT, 1950 EAST SPRINGFIELD PLACE.

UM, AND, AND I'M A COUPLE HOUSES IN DIRECTLY ACROSS FROM WHERE THIS PROPOSED AUTO CARE FACILITY WOULD BE GOING.

OKAY.

SO MAYOR COUNCIL MEMBERS, I'M HERE TODAY TO SPEAK IN OPPOSITION OF THE PROPOSED AUTO REPAIR SHOP.

IT'S EXCUSE ME, AT THE CORNER OF COOPER AND PECOS.

I AGREE WITH THE PRE, UM, I AGREE WITH, UH, WITH PAUL THAT, UM, IT'S OBVIOUSLY, UM, UH, NOT THE RIGHT TYPE OF BUSINESS TO GO IN OUR NEIGHBORHOOD WITH THAT SAID I'D LIKE TO SPEAK TO THE NOISE, UH, STUDY ANALYSIS THAT WAS PERFORMED.

THE NOISE ANALYSIS WAS CONDUCTED DUE TO CONCERNS, UM, UH, FROM THE MEETING THAT, THAT THE FIRST MEETING THAT WAS, UM, PERFORMED, UM, UH, DURING THE PUBLIC MEETING PROCESS, UH, THE STUDY WAS PERFORMED ON NOVEMBER 19TH, BETWEEN 4 42 AND 5 37, WHICH IS A FRIDAY, OKAY.

FOR NOT LONGER THAN 15 MINUTES AT ANY LOCATION THAT THEY WERE AT THIS STUDY POINTS OUT THAT THE AMBIENT NOISE WOULD NOT BE MUCH LOUDER THAN WILL BE EMITTED FROM THE CAR REPAIR SHOP.

UH, THE ISSUE WITH THIS IS THAT THE STUDY WAS PERFORMED AT THE LOUDEST BUSIEST TIME OF THE DAY.

WHAT HAPPENS ON SATURDAY MORNING WHEN WE'RE OUT IN OUR BACKYARDS AND CARRIES IS OPENING AT 7:00 AM.

UM, IT'S, IT'S QUIET WITH MINIMAL BACKGROUND NOISE, AND WE'RE TRYING TO ENJOY, AGAIN, OUR BACKYARDS OR ANY TIME THAT THERE'S LESS TRAFFIC ON THE ROAD.

THE STUDY STATES THAT THE NOISE FROM THE LIFTS RATCHETS IMPACT DRILLS, WRENCHES ARE DISTINCTIVE AND THAT THE FUTURE NOISE COULD BE AUDIBLE.

BUT WHEN THERE ARE LULLS IN THE BACKGROUND TRAFFIC NOISE, THAT THE CARRIE'S AUTOMOTIVE SHOP HAS THE POTENTIAL TO IMPACT NEARBY PROPERTIES.

NO MATTER HOW YOU LOOK AT IT, IT WILL ADD ADDITIONAL NOISE, NO MATTER HOW YOU PRESENT IT, IT'S STILL A CAR REPAIR SHOP WITH 500 HOMES SURROUNDING THIS LOCATION.

IT'S TRULY A NIGHTMARE SCENARIO FOR US, FOR OUR COMMUNITY AND WE DESERVE BETTER.

SO MY QUESTIONS ARE, IF THIS IS

[00:35:01]

APPROVED, WHO WILL MONITOR THE BUSINESS TO MAKE SURE THAT THEY FOLLOW THROUGH WITH THE NOISE CONTROL MEASURES, AS WE JUST SAW WHAT THINGS THAT WERE PROPOSED, THEY'RE NOT QUITE SURE THAT THEY'RE GOING TO BE ABLE TO FOLLOW THROUGH WITH ALL THOSE ITEMS THAT THEY'RE TALKING ABOUT, WHICH REALLY CONCERNS US.

ESPECIALLY IF THIS BUSINESS DIDN'T MAKE IT, YOU HAVE HUNDREDS OF PEOPLE WHO ARE OPPOSED TO THIS, AND WE'RE CERTAINLY NOT GOING TO GO THERE AND GET OUR CAR FIXED, RIGHT? SO IF IT DOESN'T MAKE IT WELL, WILL THE NEXT BUSINESS BE ABLE TO DO WHATEVER THEY WANT, WHICH IS VERY CONCERNING TO US.

UM, THEY TALK ABOUT, THEY TALKED ABOUT THE, WHAT, THE, THE, THE TOOLS, ROTARY, ELECTRIC LIFTS AND SO ON.

AND SO WE'RE HOPING IF FOR SOME REASON THIS GETS PUT THROUGH THAT, SOMEBODY'S GOING TO BE ABLE TO MONITOR THAT.

THE OTHER THING I'D LIKE TO POINT OUT EVERYTHING YOU RACK UP, PLEASE YOU'RE YOU'RE OUT OF TIME.

CAN YOU WRAP UP YOUR PRESENTATION? OH, OH, I'LL WRAP IT UP.

THE OTHER ITEM I'D LIKE TO POINT OUT IS THAT THE REPRESENTATIVES FROM THIS PROJECT HAS BEEN MISLEADING WITH THE DETAILS OF THE PROJECT AT THE PLANNING AND ZONING MEETING.

I POINTED OUT A DISCREPANCY IN THE STUDY AS A CONSULTANT LISTED TO STUDY DATES, EVEN THOUGH THEY WERE PRESENTING, THE STUDY WAS COMPLETED IN ONE DAY.

THANK YOU, TIM.

I THINK, I THINK WRAPPING UP THIS KIND OF IN CONCLUSION.

YEAH.

THANK YOU.

THANK YOU, SIR.

NEXT UP IS FRANK PEREA MR. KOREA MAYOR, UM, COUNCIL MEMBERS TO CAN ANY OF THE OTHER, UM, RESIDENTS DIFFER TIME.

IT SEEMS LIKE HE HAD A PRESENTATION THAT HE WANTED TO GET THROUGH CANADIA THE RESIDENTS TO FURTHER TIME FROM HER CAR.

YEAH.

MAYOR.

I'D LIKE TO HEAR IT AS WELL.

I LIKE TO HEAR THE REST OF IT AS WELL.

SURE.

IF OTHERS WOULD LIKE TO DEFER, WE CAN DO THAT.

HI, MY NAME IS FRANK FARIA.

I LIVED DIRECTLY SOUTH OF THE SHOP.

MY HOME IS RIGHT BEHIND IT.

2056 EAST BROWNING PLACE.

WE PURCHASED IT A COUPLE OF YEARS AGO, THINKING WE HAD A NICE INVESTMENT TO GO ON.

NOW, THESE HOUSES ARE WORTH ALMOST $700,000.

SINCE WHEN DO YOU PUT AN AUTO REPAIR SHOP NEXT TO HIGH VALUE HOMES? WOULD ANY OF YOU BUY MY HOUSE FOR 700,000 WITH AN AUTO SHOP BEHIND IT? I WORKED STILL 40 AND 50 HOURS A WEEK.

I'M 72 YEARS OLD.

I GO TO BED AT SEVEN.

CAUSE I GET UP AT THREE.

I WORK OUT AT INTEL.

I DO THEIR ELECTRICAL QA.

I'VE BEEN IN CONSTRUCTION ALMOST ALL MY LIFE.

AND I KNOW HOW MANY, I CAN'T TELL YOU HOW MANY REPAIR SHOPS I'VE BEEN AT, WHERE I NEVER WALKED INTO ONE AND SAID, WOW, THIS IS REALLY QUIET.

NEVER I'VE BEEN AROUND A LONG TIME.

I'VE EVEN WORKED IN AUTO REPAIR SHOPS, THE HAMMERING, THE NOISE, THE BRAKE LAYS THE DUST, THE, UH, HAZARDOUS MATERIALS THAT ALL HAS TO BE PICKED UP AT NIGHT AFTER THEY'RE CLOSED.

THEY CAN'T PICK IT UP DURING WORKING HOURS IN CASE YOU DIDN'T KNOW THAT.

SO THAT MEANS WHILE I'M ASLEEP AT NIGHT, I'LL HEAR TRUCKS BACKING UP TO THAT PLACE TO UNLOAD THEIR HAZARDOUS, PICK UP THEIR HAZARDOUS MATERIALS.

THIS SHOULD NOT BE PUT IN A RESIDENTIAL AREA.

I JUST PASS THEM OUT OF SHOP ON MY WAY HERE, RIGHT AROUND THE CORNER.

RICK'S AUTO REPAIR.

HE'S IN AN INDUSTRIAL AREA.

THAT'S WHERE THIS, THIS CARRIES BELONGS IS IN AN INDUSTRIAL AREA.

THAT'S ALL I HAVE TO SAY.

THANK YOU, TIM.

I THINK WE'LL LET YOU COME BACK AT THE END HERE IF THAT'S OKAY.

LET ME GET THE OTHER GUY SPEAKING FIRST AND THEN WE'LL BRING YOU BACK.

OKAY.

SORRY FOR THE CONFUSION.

UM, MARIE FRANCE, DOYLE.

SORRY IF I DIDN'T QUITE GET YOUR NAME, RIGHT MAN NAME AND ADDRESS.

AND COULD YOU TELL US WHERE YOUR HOUSE IS TO PLEASE? SURE.

MANNY PHONES, DOYLE.

I LIVE AT 2140 EAST WALKWAY.

SO I'M A LITTLE SOUTH AND EAST.

I'M ACTUALLY NOT REALLY CLOSE TO THE WHERE THIS IS GOING TO BE.

SO TO MAKE A, HOPEFULLY A LONG STORY SHORT, I DISAGREE WITH HAVING A CAR, UH, REPAIR SHOP.

MY BROTHER IS A GENERAL CONTRACTOR.

HE'S AN ENGINEER BY TRAIT.

YOU NEED THOSE COMMERCIAL AND RESIDENTIAL.

I ASKED HIM, I EVEN SENT THE PHOTOGRAPHS AND STUFF TO HIM AND I KNOW WE CAN'T BE HERE BECAUSE HE'S IN CANADA, BUT REGARDLESS I ASKED HIM, SO WHAT DO YOU THINK OF THIS? YOU KNOW, THEY'RE DOING A GOOD JOB TRYING TO HELP US AND MAKE THIS AS LEAST ANNOYING AS POSSIBLE.

BECAUSE FROM WHAT MY UNDERSTANDING, IT'S PRETTY MUCH LIKE A DONE DEAL BECAUSE IT MATCHES WHATEVER WAS, UH, THE, UH, SITE PRO ALLOWS BECAUSE IT MATCHES IT WELL, TOO BAD.

SO SAD FOR US.

WHEN I BOUGHT THE PURCHASE, THE HOME, WE NEVER THOUGHT THAT THEY WERE GOING TO BE THAT TYPE OF, UH, OF A BUSINESS BEING PUT IN.

NEVER.

IT WAS NEVER SAID TO US THAT WHAT WAS GOING TO BE HERE WAS JUST LITTLE SHOPS.

[00:40:01]

YOU KNOW, RESTAURANTS, WHATEVER, NOTHING LIKE IS GOING AND IMPACT RANCH, EVERYBODY'S GOING AND GET THEIR TIRE CHANGE.

YOU KNOW, HOW NOISE THAT IS.

AND I HAVE NEVER SEEN YET IN ARIZONA, A PLACE WHERE THE BIG DOOR ALWAYS STAYS CLOSED, EVEN WHEN IT'S OPERATIONAL NEEDED.

THERE'S ALWAYS A TIME WHERE IT'S OPEN.

SO MY LONG STORY SHORT IS WHEN I ASKED MY BROTHER, HE SAID, UH, THE ONLY WAY TO DO CERTAIN THINGS TO HAVE HIGHER WALLS AND THEIR ABATEMENT WALLS THAT WILL HELP FOR THE NOISE PROTECTION YOU CAN HAVE CONSTRUCTION BE MADE SO THAT THE SOUND DAMPENING WITHIN THE, THE, THE SURFACE CAN BE MADE TO ALLOW FOR LESS NOISE TO ACTUALLY TRANSFER OUT.

IF IT IS OPEN THERE'S SOUND ABSORPTION MATERIAL THAT CAN BE DONE.

AND THAT IS NOT EXACTLY, UH, COSTLY IN COMPARISON.

I ASKED HIM, SO WHAT ARE WE TALKING ABOUT? THERE'S 10% OF THE NORMAL COST.

AND THAT'S IF YOU NORMALLY BUILD TO A HIGH STANDARD, WELL, I DON'T KNOW WHAT STANDARD IS CONSIDERED NORMAL HERE.

I KNOW THAT WHAT IT IS IN CERTAIN AREAS WHERE THE CONSTRUCTION NEEDS TO BE LIKE STRONGER.

UH, THERE, YOU KNOW, YOU'LL ALREADY HAVE THICKER WALLS TO BEGIN WITH, WHICH BECAUSE OF DIFFERENT DENSITIES ALLOWS FOR THE NOISE TO BE LOWER.

SO MY, UH, IF I CAN CONCLUDE THIS WAY IS I THINK IF WE ARE FORCED TO HAVE THIS, MAYBE THERE SHOULD BE SOME FORM OF ENFORCEMENT REGARDING HOW IT IS BUILT TO ACTUALLY MAKE SURE THAT THE DAMPENING AND THE SOUND IS AS LITTLE AS POSSIBLE.

AND I DO AGREE WITH THE SOUND, UH, SORRY WITH A SOUND, A STUDY BEING DONE AT, YOU KNOW, ON A FRIDAY NIGHT WHEN IT'S THE LOUDEST YOU CAN EVER THINK ABOUT IT.

IT MAKES NO SENSE TO ME.

SO THAT'S IT.

THANK YOU.

THANK YOU SO MUCH.

UM, NEXT I HAVE A JOSEPH D. RUSSO, UH, YES, UH, JOSEPH RUSSO, UH, 1290 EAST FLINTLOCK WAY.

FUCK, EXCUSE ME, 2090.

THAT WAS MY OLD AT 29 EAST FLINTLOCK WAY.

I'M SOUTH OF THE, UM, RAJ, UH, AND JOSEPH, WE DO HAVE THAT.

WE DO HAVE A COPY OF THAT HAS BEEN GIVEN TO THE SERVICE UP HERE TOO.

SO MISREPRESENTING THE PROJECT TO THE PUBLIC IS NO SENSE OF CONFIDENCE IN WHAT THE PUBLIC IS.

BEING TOLD A 8,400 SQUARE FOOT, 30 FOOT TALL GARAGE WITHIN 88 FEET OF HOMES IS NOT A NEIGHBORHOOD GARAGE AS CLAIMED BY THE DEVELOPER.

THIS FACILITY IS A MAJOR AUTOMOTIVE SERVICE CENTER AND IS NOT APPROPRIATE FOR OUR NEIGHBORHOOD.

THE CLAIM THAT THE DEVELOPER RECENTLY BUILT TWO SIMILAR RODGERS IN COMPARABLE, DENSELY POPULATED RESIDENTIAL NEIGHBORHOODS IS FALSE.

THE TWO EXAMPLES CITED AT THE FEBRUARY 2ND INTERNET, UH, INTERNET PRESENTATION, UH, SIMILAR ARE LOCATED IN LARGE COMMERCIAL AREAS.

DISCOUNT TIRE, UH, IS IN A HIGHLY COMMERCIAL AREA.

UH, THIS IS THE BACK END OF THE FACILITY ACROSS FROM A SENIOR CENTER.

THEY GO TIRE AT THE END OF THE COMMERCIAL AREA WHERE IT'S RED CIRCLE IS ACROSS FROM AN 18 HOLE GOLF COURSE.

THE TWO GARAGES PRESENTED BY, UM, AND THIS IS THE BACKEND OF THE BIG TIRE.

THE TWO GARAGE IS PRESENTED BY SIMON C R E AT THE MARCH 2ND ZONING MEETING, WHERE THEY HAD OBTAINED, UH, COMMENTS FROM NEIGHBORS FAILED TO STATE THAT THE GARAGE IS IN QUESTION WE'RE DECADE OLD.

AND THE NEIGHBORS KNEW OF THE EXISTENCE OF THE GARAGE WHEN THEY PURCHASED THEIR HOMES, TOM'S GARAGE AND CHANDLER CLAIMED BY THE DEVELOPER TO BE OF NO CONCERN TO THE NEIGHBORS HAS BEEN AT THIS LOCATION FOR 31 YEARS HAS ONLY THREE BAYS, 20 FEET TALL, AND APPROXIMATELY 300 FEET FROM THE CLOSEST HOMES.

THE HOMES EAST OF THE AREA ARE WERE BUILT IN 2003 ARE SEPARATED BY AN OPEN GREEN AREA AND A CANAL.

THE HOMES IN THE WEST WERE BUILT IN 2016 ARE SEPARATED BY A ROAD, AN OPEN GREEN AREA ACROSS THE WAY IS A 36 HOLE GOLF COURSE.

NO HOMES ARE WITHIN APPROXIMATELY 300 FEET OF THIS 31 YEAR OLD GARAGE.

IF A NEIGHBOR HOOD GARAGE HAS TO BE BUILT A PECOS AND COOPER, IT

[00:45:01]

SHOULD BE SIMILAR TO TOM'S GARAGE WITH THREE BAYS AND NO MORE THAN 20 FEET IN ORDER TO BLEND IN WITH THE SURROUNDINGS OF OUR DENSELY POPULATED SINGLE FAMILY, RESIDENTIAL NEIGHBORHOOD TOWNS IS THE ONLY EXAMPLE PROVIDED BY THE DEVELOPER THAT COULD POSSIBLY BE CONSIDERED A NEIGHBORHOOD GARAGE IN THE MIDDLE OF A RESIDENTIAL NEIGHBORHOOD, BUT WITHOUT SIGNIFICANT BUFFER SURROUNDING TOM'S GARAGE, SIMON C R E DID NOT FIND COMPARABLE EXAMPLES.

THE FOLLOWING LIST, UH, IDENTIFY 63 AUTOMOTIVE SERVICE GARAGES THROUGHOUT CHANDLER, ALL IN MAJOR COMMERCIAL AREAS AND NONE WITH NEIGHBORHOODS SURROUNDING THESE GARAGES.

EVERY PRESENTATION BY THE DEVELOPER HAS MISLED THE PUBLIC.

ALL OF THE NOTES, MS. WILDER NOTED MISREPRESENTATIONS CAN BE VIEWED, UM, BY PULLING UP THE ZONING MEETING AND THE, UH, INTERNET PRESENTATIONS, BECAUSE THEY WERE ALL RECORDED.

THANK YOU, MR. RUIZ EVER BEEN DONE BEFORE AND IS BASED ON FALSE STATEMENTS BY TO THE PUBLIC.

THANK YOU, SIR.

THAT'S ABOUT MR. RUSSO.

YOU'RE THE HOA ON THE HOA BOARD? UH, I AM SO, UM, RECENTLY I WASN'T WHEN THIS STAR, WELL, CONGRATULATIONS, WAIT UNTIL YOU GO TO YOUR FULL MEETING, THEN YOU REALLY FEEL THE PAIN ANYWAY.

UM, THAT'S PROBABLY A JOB I NEVER WANT TO DO CAUSE I'LL DO THE SAME WHEN HE DAY.

UH, WHAT ARE YOUR THOUGHTS ABOUT EXTENDING THE WALL, UH, WITH YOUR NEIGHBORS OR THE WALL? YEAH, THE HEIGHT OF THE WALL ON THE SOUTH SIDE OF THE RESIDENTIAL AREA, YOUR, YOUR WHOLE HOA, UM, I MEAN, EXTENDING THE WALL, UH, OBVIOUSLY WOULD BE A BENEFIT.

UM, THE CONCERN I HAVE IS THE COMPARISONS WHERE THEY INTERVIEWED PEOPLE WHO CAME BACK AT THE LAST MEETING ON MARCH 21ST.

THEY SAY, NO, I'M SORRY.

THE MARCH 2ND.

THEY SAID THAT THEY HAD THREE EXAMPLES FROM, UH, INDIVIDUALS THAT WERE NEAR A, UM, KAREN'S GARAGE IN PHOENIX AND THREE EXAMPLES FROM TOM'S GARAGE.

IN BOTH THOSE CASES.

THAT'S GREAT THAT THEY HAVE THOSE PEOPLE TO SAY THEY UNDERSTAND, YOU KNOW, THEY DON'T HAVE A BIG ISSUE.

ONE PERSON DID HAVE SOMEONE ADMINISTER, BUT THEY BOUGHT THE HOMES, KNOWING THE GARAGES WERE ALREADY THERE.

AND THE GARAGE IS IN BOTH CASES ARE A SIGNIFICANTLY SMALLER IN HEIGHT AND A NUMBER OF DAYS.

SO THERE'S NO COMPARISON.

I JUST DON'T LIKE WHEN PEOPLE TRY TO CONVINCE YOU BY SNOWING YOU THAT, UH, YOU KNOW, WE HAVE THESE PEOPLE THAT HAVE LIVED NEAR THESE AND THEY DON'T HAVE AN ISSUE.

SO JOEL, LET ME GET BACK TO THE ORIGINAL QUESTION.

I GUESS YOU'RE KIND OF, I HEARD NO THAT'S OKAY.

I HEARD EVERYTHING.

WHAT YOU SAID HERE IN A WEEK, LOOKED AT MY QUESTION TO YOU AS, AND I KNOW THE PROPERTY OWNER HAS TO AGREE TO THIS.

ARE YOU GUYS OKAY WITH THEM EXTENDING THE WALL? IF, IF THESE DOUBLE, UH, MY ISSUE IS SIZED, UH, THIS IS AN EIGHT BAY.

UH, THE, THE EXAMPLE THAT I GAVE OF THE TOWN FAIR TIRE, UH, EXCUSE ME, A DISCOUNT TIRE THAT IS ONLY SIX BAYS.

THE EXAMPLES THEY GAVE WITH NEIGHBORS WERE FIVE BAYS AND THREE BIGS.

OKAY.

SO, YOU KNOW, EVEN THERE NOW I'M CONCERNED ABOUT SIZE, I THINK A 30 FOOT BUILDING AND THEN A GOOD PORTION OF IT WILL BE 30 FEET.

IT'S NOT AS THOUGH THIS IS JUST A PEAK FOR DECORATIONS.

THIS IS GOING TO BE PART OF THE BUILDING.

IT'S GOING TO STAND OUT.

UM, THE CIRCLE K UH, IS ONLY 17 FEET TALL.

UM, AND THE HOMES THERE WERE PROBABLY ABOUT 17 FEET TALL AT BEST.

OKAY.

SO YOU'RE GOING TO HAVE SOMETHING THAT'S GOING TO TOWER TWICE THE SIZE OF ANYTHING IN THE IMMEDIATE AREA.

SO YES, SO WALL, IF THEY, IF ASSUMING THIS DOES GET DONE YES.

ANYTHING TO MITIGATE THE SOUND WOULD HAVE BENEFIT.

ALL RIGHT.

THANK YOU, MR. ROSA.

THAT'S A ROUNDABOUT WAY, HUH? THAT'S OKAY.

I GOT IT.

I'M WITH YA.

OKAY.

SORRY.

ONE OTHER QUESTION TOO.

IS IT SO HEIGHT IS YOUR CONCERN TOO.

I HEARD SOUND AND HEIGHT SITE BASE AND YOU KNOW, AGAIN, OKAY.

YOU KNOW, THOSE, IT'S THE SIZE OF THE FACILITY AND THE DISTANCE WE'RE TALKING ADHD.

I UNDERSTAND.

NO, JUST TRYING TO ARTICULATE WHAT I THOUGHT I HEARD YOU SAY.

SO HEIGHT, HEIGHT IS AN ISSUE AS WELL.

THANK YOU, SIR.

UM, NEXT IS MARTHA RUSSO.

THIS IS RUSSELL.

I THINK YOU MIGHT KNOW HIM.

YOU GUYS SEEM TO LIVE IN THE SAME HOUSE.

UM, I HAVE SOME PHOTOS.

I DON'T KNOW HOW WE CAN PUT THEM UP.

[00:50:02]

OH, I'M SORRY.

AND THEN THE CAMERA WILL COME DOWN AND STATE YOUR NAME AND ADDRESS FOR THE RECORD.

UM, MARTHA BRASSO AND IT'S 2090 EAST PORTLOCK WAY.

SO WE'RE IN THE RIO DIVOT DEL VERDE, UM, COMMUNITY.

UM, SO I'M GOING TO READ THIS AD TO THE BEST I CAN TO READ IT WITHIN THREE MINUTES.

SO, OKAY.

AND I'D LIKE TO VOICE MY CONCERNS REGARDING THE PROPOSED CONSTRUCTION OF PERRY'S AUTOMOTIVE SERVICE CENTER AT THE INTERSECTION OF COOPER AND PAGANS.

AS A REFERENCE, I ATTENDED BOTH INTERNET, UH, PRESENTATIONS REGARDING THE BUILDING OF THE SERVICE CENTER AND THE PROPOSED GARAGE WAS INTRODUCED TO THE SURROUNDING NEIGHBORS.

AND I ATTEND AN IN-PERSON MEETING AT THE PLANNING AND ZONING COMMISSION ON MARCH 2ND AT THE FIRST INTERNET MEETING, THE PROPOSED FACILITY WAS DESCRIBED AS A QUOTE NEIGHBORHOOD GARAGE, WHICH IS A MISNOMER BASED ON ITS SOCKS.

I WAS NOT AWARE OUR NEIGHBORHOOD NEEDED AN EIGHT BAY AUTOMOTIVE SERVICE GARAGE.

IT'S BAD ENOUGH THAT THEY PUT A CIRCLE PAY AND THEY SHOVED IT ON US IN 2016, EVEN THOUGH THERE'S A CIRCLE K EXACTLY ONE MILE AWAY FROM THERE AT THE MEETING ON MARCH 2ND, MR. JASON MORRIS INDICATED HIS CLIENT WAS AWARE THAT NEIGHBORS HAD CONCERNS OR AS HE DESCRIBED IT AN INTEREST ABOUT THE SIZE AND POTENTIAL SOUND ISSUES THAT MIGHT BECOME A FACTOR FROM BUILDING AN 8,400 SQUARE FOOT GARAGE WITH A FATE.

HE BELIEVED THAT THEY HAD ADDRESSED THOSE CONCERNS BY ADDING ADDITIONAL SHRUBBERY AND TREES AS A BARRIER FOR SOUND AND SOME INTERIOR SOUNDPROOFING FOR THE BUILDING.

THE ONE DOOR WITH THE EIGHT BAYS SUPPOSEDLY WILL REMAIN CLOSED AT ALL TIMES, UNLESS CARS ARE BEING BROUGHT IN OR OUT THE FACILITY FOR THE REPAIRS, 12 HOUR WORK DAYS AND EIGHT BASE, YOU CALL ME NAIVE.

BUT I BELIEVE THAT MAIN DOOR IS GOING TO BE OPENING AND CLOSING A HECK OF A LOT OR IN THE END, IT WILL BE STAYING OPEN MOST OF THE TIME, MR. BORIS ALSO ADVISE IT, HIS COMPANY TOOK A SLIGHTLY DIFFERENT APPROACH.

HE TRIED TO SHOW US THAT THIS FACILITY WOULD BE A WONDERFUL NEIGHBORHOOD FACILITY FOR US.

HIS COMPANY WENT TO NEIGHBOR NEIGHBORS OF TWO DIFFERENT GARAGES TO FIND OUT THEIR THOUGHTS ABOUT LIVING NEAR AN AUTOMOTIVE SERVICE FACILITY AND WENT TO TOM'S GARAGE, WHICH IS ON RIGS GROWTH.

UM, THIS ONE, I DON'T KNOW IF WE CAN SEE IT.

WE CAN, CAN YOU SAY IT? THAT IS TOM'S GARAGE.

IT'S THREE BAYS.

IT WAS BUILT 31 YEARS AGO AND IT IS, UM, THE CLOSEST IS THE RESONANCE THAT IS OVER ACROSS THE CANAL, WHICH IS OVER 200, MAYBE 300 FEET AWAY FROM IT.

OKAY.

UM, IT'S NICE THAT MR. MORRIS'S, UH, COMPANY TOOK STATEMENTS FROM, UH, THREE RESIDENTS OVER THERE, BUT THEIR HOMES AREN'T ANYWHERE NEAR AS CLOSE TO THE ACTUAL GARAGE.

AND TOM'S IS CERTAINLY NOT LOCATED IN A MAINLY RESIDENTIAL AREA WITH OVER 500 HOMES SURROUNDING IT.

IT IS BASICALLY IN A COMMERCIALLY ZONED AREA.

SO THEN WE WENT OVER TO CARRIE'S AUTOMOTIVE SERVICE CENTER, WHICH IS WHAT HE WAS DISCUSSING AS ANOTHER ALTERNATE, THAT THERE WAS THE SAME AND IT'S ON WEST MARIPOSA STREET IN PHOENIX.

IT IS A 3055 SQUARE FOOT FACILITY.

IT WAS BUILT IN 1962 AND IT IS ON POINT 39 ACRES OF LAND HARRIS TOOK OVER A GARAGE THAT WAS BUILT IN 1962.

IT APPEARS TO HAVE FIVE DAYS AND IT'S AN AUTOMOTIVE FACILITY AND IT HAS BEEN ONE FOR OVER 60 YEARS.

AND LET'S SEE IF YOU CAN SEE THERE IT IS.

IT'S LOVELY.

THAT'S IT? IT'S AT THE MOST HEIGHT IS 20 FEET.

OKAY.

UM, THE GARAGE BORDERS, A HISTORIC RESIDENTIAL DISTRICT ON ONE SIDE AND IS IN FACT NEXT DOOR TO ONE RESIDENTIAL SINGLE FAMILY HOME.

THAT'S NOT IT.

SORRY, THAT'S THE HOME THAT IT'S NEXT TO.

AND THE HOMEOWNER MAY BE ONE OF THE RESIDENTS THAT WAS REFERENCED IN HIS MARCH 2ND PRESENTATION.

HOWEVER, I WANT TO REITERATE THIS PERSON BOUGHT THIS HOME IN 2013, ACCORDING TO REDFIN, AND WOULD HAVE BOUGHT THE HOUSE WITH THE UNDERSTANDING THAT THERE WAS A GARAGE WITH FIVE DAYS RIGHT NEXT DOOR TO IT.

OKAY.

SO THAT WAS THEIR CHOICE.

AND AS YOU CAN SEE FROM THIS OTHER PHOTO, THAT'S ON THE OTHER SIDE OF THE CARRIER'S GARAGE.

SO THAT IS A COMMERCIALLY ZONED AREA.

AND I KNOW I'M RUNNING OUT OF TIME, BUT, UM, AND IT BACKS UP TO SEVENTH AVENUE AND SEVENTH AVENUE IS VERY COMMERCIALLY.

I MEAN, IT'S JUST TOTALLY COMMERCIAL AND THIS WHOLE AREA, I DON'T KNOW IF YOU CAN SEE THE YELLOW THAT WE'VE OUTLINED, IT'S ALL COMMERCIAL.

UM, EXCEPT FOR ONE LITTLE STREET THAT'S RESIDENTIAL.

AND THESE JUST LIST IS ALL COMMERCIAL PROPERTIES THAT ARE IN THAT AREA.

SO THAT, UM, WHAT I WANT TO SAY IN CONCLUSION IS WE'RE NOT COMPARING APPLES TO APPLES HERE.

[00:55:01]

WE'RE LOOKING AT A PROPOSED PROPOSED CONSTRUCTION FOR THE CORNER OF PAKOS AND COOPER.

THERE ARE FOUR LARGE RESIDENTIAL SINGLE FAMILY HOME DEVELOPMENTS AND A PROFESSIONAL OFFICE BUILDING AT THIS INTERSECTION, MR. MORRIS CHOSE TO LEAVE OUT THE NORTHWEST CORNER IN HIS PRESENTATION, WHICH IS A VERY LARGE, UM, DEVELOPMENT THAT JUST GOT PUT IN AND ON THE NORTHEAST CORNER.

THERE'S ANOTHER DEVELOPMENT SET BACK JUST A LITTLE BIT FROM THAT, UM, AN EIGHT BAY 8,400 FOOT FULL SERVICE AUTOMOTIVE GARAGE IS NOT A NEIGHBORHOOD GARAGE.

IT DOES NOT BELONG HERE.

WE'RE OKAY.

SO IF WE'RE TO BE SUBJECTED TO HAVING A NEIGHBORHOOD GARAGE AT THIS CORNER, I WOULD HOPE THAT YOU WOULD CONSIDER THAT THE TWO MR. MORRIS REFERENCING THREE BAY FOUR OR FIVE DAY WOULD BE MUCH MORE IN PINT WITH A NEIGHBORHOOD FACILITY.

THANK YOU.

UM, MARK MARK HERE WAS THE ONE THAT WE'RE HOPING IS GOING TO GIVE BACK ALL THE TIME THAT A I'M MARCO STRAND, AND THEN AT 2147 EAST BROWNING PLACE, I'M A LITTLE SOUTH AND A LITTLE EAST ABOUT AN EIGHTH MILE AS THE CROW FLIES FROM A POST GARAGE.

I'M GOING TO KIND OF RECAP THINGS HERE AND I'M GOING TO BE VERY BRIEF BECAUSE I NEIGHBORHOOD COLLEAGUES HERE HAVE DONE A LOT OF TALKING AND I THINK IT BROUGHT A LOT TO THE TABLE.

SO I THINK THE THREE OR FOUR ISSUES THAT WE'RE TALKING ABOUT REALLY IS DOWNSIZING THIS TO A THREE OR FOUR OR FIVE BAY.

AND I'M SAYING A FOUR BAY AUTOMOTIVE SERVICE GARAGE REDUCING THE HEIGHT AS MUCH AS WE POSSIBLY CAN.

SO IT KIND OF BLENDS IN WITH OUR NEIGHBORHOOD NOISE MITIGATION, WHICH THEY'VE DONE A PRETTY GOOD JOB AT DOING IT SO FAR.

WE JUST WANT TO MAKE SURE THAT THAT HAPPENS.

AND, AND WHAT I'M SAYING IS IN A YEAR, LET'S TAKE A LOOK AT THIS AGAIN AND HAVE THAT SOUND STUDY AND MAKE SURE THAT THEY ARE BEING ACCOUNTABLE TO US AND THE NEIGHBORHOOD.

AND THEN MAYBE THE FOURTH THING IS REALLY THIS BLOCK WALL THAT WE'RE TALKING ABOUT.

I THINK A, THIS EIGHT FOOT BLOCK WALL REALLY SHOULD BE SOMETHING THAT THEY PUT UP, NOT ADD TO THE HOA.

YOU REALLY CAN'T ADD TWO FOOT TO ANOTHER WALL BECAUSE THEN YOU DON'T KNOW WHO'S RESPONSIBLE IF SOMETHING DOES HAPPEN TO IT.

SO REALLY IT'S AN EIGHT FOOT WALL THAT THEY PUT UP AND CONSTRUCT AS PART OF THEIR PROJECT.

SO THAT SAID, I THINK THAT'S.

THANK YOU, SIR.

THANK YOU.

UM, COUNSELING, WOULD YOU LIKE MR. MERRITT TO CONTINUE HIS CONVERSATION OR MR. BARRETT, DO YOU THINK WE'VE COVERED ALL THE POINTS OR WOULD YOU LIKE TO 10, WOULD YOU LIKE ANOTHER MINUTE OR TWO TO FINISH UP OR DO YOU THINK ALL THE POINTS HAVE BEEN SHARING? I'LL JUST FINISH UP WITH WHAT I HAD TO SAY.

OKAY.

TAKE ANOTHER MINUTE OR TWO, SIR.

OKAY.

UM, SO TO, TO RECAP, UM, THE OTHER ITEM THAT I'D LIKE TO POINT OUT IS THAT THE REPRESENTATIVES FOR THIS PROJECT, UM, HAVE BEEN MISLEADING WITH DETAILS, UH, AT THE PLANNING AND ZONING MEETING.

I POINTED OUT A DISCREPANCY IN SOUND STUDY, UH, AS THE CONSULTANT LISTED TWO STUDY DATES THAT THEY HAD BEEN OUT THERE.

AND THAT WAS IMPORTANT TO US BECAUSE WE WANTED TO A GOOD STUDY DONE TO SHOW IF THE NOISE WAS GOING TO BE IMPACTING OUR NEIGHBORHOOD.

UM, AS A REBUTTAL, UH, TO MY QUESTION ABOUT THIS, UH, THE REPRESENTATIVE, UM, FOR, UH, CARRIE'S CAR CARE, UM, STOOD UP AND SAID THAT, UM, THAT ACTUALLY THEY HAD BEEN OUT TWICE TO, TO DO THAT.

RIGHT.

WHICH INFLUENCES DECISION-MAKING, UM, FROM THE COMMITTEE, UM, AFTER THE MEETING, I REACHED OUT AND TRIED TO GET MORE INFORMATION TO FIND OUT IF THAT WAS REALLY TRUE.

UM, AND WHEN THE CONSULTANT GOT BACK TO ME, THEY SAID THAT THAT WAS A MISTAKE AND THEY HAD ONLY BEEN OUT THERE ONCE.

AND SO WHEN YOU, WHEN YOU'RE DOING A SOUND STUDY AND YOU'RE OUT THERE FOR THE BUSIEST TIME OF THE DAY, WHICH IS, YOU KNOW, IN THE EVENING, UM, UH, AND, AND YOU'RE ONLY OUT THERE ONCE YOU'RE TAKING A SNAPSHOT, RIGHT.

AND WE'RE SAYING THAT THERE'S OTHER TIMES THERE'S OTHER IMPACTS, UM, THAT ARE GONNA IMPACT US AS NEIGHBORS.

UH, THE THERE'S A LOT OF TIMES WHEN IT'S NOT THAT LOUD, OF COURSE.

RIGHT.

SO, UM, I THINK WORDS MEAN SOMETHING HERE, RIGHT? AND IT INFLUENCES DECISION-MAKING, UH, AND, AND PROVIDING ACCURATE INFORMATION, UH, IS IMPORTANT.

IT REALLY IS.

THANK YOU, SIR.

UM, WHY DON'T WE CALL THE APPLICANT BACK UP AND THEN, UH, ANY ADDITIONAL QUESTIONS YOU HAVE, AND WE CAN DISCUSS THIS AMONGST YOURSELVES.

UM,

[01:00:02]

THANK YOU, MAYOR AND COUNCIL FOR THE OPPORTUNITY TO PARTICIPATE IN THIS PROCESS AND TO HEAR THE FEEDBACK.

I THINK I'VE WRITTEN DOWN FIVE THINGS THAT I HEARD THAT, THAT NEEDED SOME RESPONSE AND MAYBE AN IDEA OR TWO WORTH CONSIDERING.

UM, I THINK THE REASON WHY THERE MIGHT'VE BEEN A CONFUSION ON WHETHER IT WAS ONE OR TWO VISITS, CAUSE THERE WAS A TYPO ON THE NOISE STUDY NOISE STUDY WAS CONDUCTED ON A FRIDAY AFTERNOON AT A TIME, YOU'D THINK TO BE A REASONABLY BUSY FOR A TWO HOUR PERIOD.

AND SO WE THOUGHT THAT WAS A FAIR TIME TO DO IT VERSUS A WEEK, DAY, EARLY MORNING OR A WEEKEND IS THAT FRIDAY AFTERNOON IS OPTIMAL TIME TO THAT, THAT NOISE STUDY IS SANJAY IS HELPFUL.

EVALUATE EVALUATING THIS CASE.

THE THINGS THAT I'VE NOTED HERE ARE IMPORTANT.

THE GAS STATION ON THIS PROPERTY JUST NEXT TO US IS 32 FEET TALL.

THAT'S THE PERIPATETIC WE'RE PROPOSING 30 FEET.

I CERTAINLY UNDERSTAND THE DESIRE FOR A REDUCTION AT HEIGHT OF POSSIBLE AND BEEN ABLE TO CONSULT WITH THE DEVELOPER ON THIS.

AND I THINK WE CAN BRING THAT DOWN TO ABOUT 28 FEET.

SO IT WILL BE ABOUT FOUR FEET, LESS TALL THAN WHAT IS ALREADY PRECEDENT IN THAT AREA.

ANOTHER THING WORTH POINT OUT TO ACCOUNTS FROM ORLANDO'S COMMENT AND THE LETTER OF COMMITMENT.

UM, WE HAVE NO PROBLEM AGREEING TO RAISE THAT WALL POSSIBLE.

AND IF THE NEIGHBORS ARE AGREEABLE TO, YOU KNOW, WORKING TOGETHER, FIND A WAY TO ENGINEER IT OR REBUILD THOSE A COUPLE OF LOTS, THERE WE'LL WORK WITH THEM ON THAT TOO.

IT REQUIRES THEIR, I THINK, WILLINGNESS TO ALLOW IT TO HAPPEN, BUT FROM OUR SIDE, THAT CLAIMANT REMAINS.

AND WE'LL BE HAPPY TO DO THAT IF THERE'S A WILLINGNESS ON THAT SIDE, UH, REGARDING ACCOUNT ABOUT THE NOISE AND HOW HAS IT POLICED THE CITY HAS A MECHANISM THROUGH CODE ENFORCEMENT TO RESPOND TO CALLS.

I DON'T THINK THAT'LL BE AN ISSUE ONCE IT'S OPEN AND OPERATING, BUT THAT WOULD BE A MECHANISM TO ENFORCE THE THINGS THAT WE SAID SUCH AS THE BARRIER ENCLOSURE OF THE AIR PUMP, UM, UH, AIR COMPRESSOR, FOR EXAMPLE, UH, I APPRECIATE A COMMENT THAT WAS MADE BY MS. ALICE.

UM, SHE SAID SOMETHING THAT JUST OCCURRED TO ME, THE IDEA ABOUT NOISE ABSORPTION PANELS ON THE INTERNAL SIDE OF A BUILDING.

I DON'T THINK THAT'S BEEN DONE BEFORE, BUT I THINK IT'S POSSIBLE.

UM, AND AS I LOOK AT WHAT THAT COULD BE, YOU COULD HAVE ONE INCH UP TO THREE INCH PANELS THAT DEPEND ON THE THICKNESS THAT YOU CHOOSE.

IT CAN EITHER PICK UP, UM, UH, A MORE NARROW ONE, A HIGHER FREQUENCY OR A WIDER ONE, A LOWER FREQUENCY.

AND I THINK TO THE EXTENT POSSIBLE, MAYBE THERE'S A STIPULATION THAT'S ADDED TO THE ZONING CASE THAT SAYS, YEAH, CAN SHELL INSTALL NOISE ABSORPTION PANELS ON THE INSIDE OF BILLING PRIOR TO CERTIFICATE OF OCCUPANCY.

AND THAT WAY IT WOULD BE AN ADDITIONAL MEASURE TO MAKE SURE THAT WHERE POSSIBLE WE, AS MOST THINGS ON THE INSIDE, THE TRUTH MATTERS.

WE WANT THIS ISN'T A NEIGHBORHOOD SERVICE.

FUNNY ENOUGH.

I KNOW THEY DON'T MIGHT NOT SEE IT THAT WAY, BUT THIS WILL SERVE THE FOLKS WHO LIVE IN THAT IMMEDIATE AREA.

THEY WILL BE CUSTOMERS AND THE ABILITY TO BE IN A COMMERCIAL ZONED AREA THAT ALREADY ALLOWS THIS TYPE OF USE WITH A BUILDING ORIENTED IN A WAY AWAY FROM THEM, WITH SOME OF THESE ADDITIONAL MEASURES THAT WE'VE PROPOSED TONIGHT, I THINK CAN HELP GET THIS IN A MANNER THAT'S ACCEPTABLE AND LONG-TERM SUCCESSFUL.

AND SO FOR THAT, I PROPOSE THOSE IDEAS AND BE HAPPY TO TAKE ANY QUESTIONS THAT YOU MAY HAVE.

I HAVE ONE QUESTION.

SO I, I NOTICED IN A LOT OF THE PICTURES AND, UM, THERE'S A DISCOUNT TIRE, FOR EXAMPLE, FAIRLY CLOSE TO MY HOUSE, NOT NEAR THIS CLOSE, SO I'M NOT MAKING THAT COMPARISON, BUT THERE'S A WHOLE ROW OF OPEN DOORS.

AND, UH, WHERE I GO TO, UH, ANOTHER PLACE WHERE I TAKE MY CAR TO, AGAIN, THE STYLE THERE IS ABOUT SIX OR EIGHT, UH, CAR BAYS, OR THEY DRIVE A MINUTE OUT AND THIS SEEMS TO HAVE A SINGLE BAY SINGLE DOOR.

AND THEN THE CARS GO IN.

HOW IS THERE ANY STUDY COMPARISONS JUST BETWEEN, YOU KNOW, IT'S TO, TO AN UNINFORMED PERSON LIKE ME, IT WOULD SEEM THAT YOUR NOISE IS SOMEWHAT CONTAINED.

IF YOU'VE GOT ONE DOOR POINTING ONE DIRECTION AS OPPOSED TO FIVE OR SIX DOORS, UH, EVEN IF THEY WERE POINTING THE SAME DIRECTION.

CAN ANYONE ADDRESS THAT FOR ME? YOU CAN STATE YOUR NAME AND ADDRESS.

I'M ROBERT WU.

I'M THE PRINCIPAL CONSULTANT OF THE ACOUSTICS GROUP.

I AM THE AUTHOR OF THE NOISE STUDY AND I'VE BEEN PREPARING NOISE STUDIES FOR ABOUT 35 YEARS.

I'M HERE TO ANSWER YOUR QUESTIONS WITH RESPECT TO YOUR QUESTION.

UM, THIS DESIGN WITH A SINGLE DOOR IS MUCH QUIETER THAN IF YOU'RE GOING TO HAVE A MULTIPLE DOOR FACILITY.

THE HEIGHT OF THE BUILDING PLAYS A KEY PART IN WHY THE NOISE LEVELS ARE ACTUALLY VERY LOW.

AND LET ME GIVE YOU AN ANALOGY.

EVERYONE HAS

[01:05:01]

A TELEVISION OR RADIO AT HOME.

IF YOU WERE TO PUT A SMALL BOOK IN FRONT OF THE SPEAKER AND STEP BACK, YOU WOULDN'T HEAR VERY MUCH OF A CHANGE IN THE SOUND LEVEL BECAUSE THE SPEAKER AND THE, UM, THE BOOK ARE RELATIVELY THE SAME SIZE.

BUT IF YOU PUT A LARGE CANDLE IN FRONT OF THE SPEAKER, THE SOUND LEVEL GOES DOWN.

SO ESPECIALLY FOR THOSE HOMES LOCATED SOUTH OF THIS PROJECT, THE HEIGHT OF THE BUILDING ACTUALLY GOES A LONG WAYS TOWARDS REDUCING NOISE IN THE SOUTHERN DIRECTION.

THE HIGH, THE CEILING OF THE INTERNAL SERVICE BAY ACTUALLY PLAYS A ROLE IN CONTAINING AND ABSORBING NOISE WITHIN THE SPACE.

SO IF YOU HAVE A SHORTER CEILING INSIDE THE SERVICE BAY SOUND IS MORE APT TO REFLECT OFF THE CEILING AND GO OUT THROUGH THE DOOR BY HAVING A HIGHER CEILING.

AND IF YOU'RE ADDING SOME ABSORB, THE MATERIAL ACTUALLY GOES A LONG WAYS TOWARDS REDUCING THAT NOISE.

OKAY, SIR.

THANK YOU, COUNCIL MEMBER ORLANDO, MR. BOW REPRESENTS SOME KIND OF A DAMPENING MATERIAL.

WHAT, WHAT ARE YOUR THOUGHTS ON THAT AND WHAT WOULD THAT DO TO THE ACTUAL NOISE LEVEL AND WHAT WHAT'S, UH, GIVE ME A LITTLE MORE DETAIL ON THE CONCEPT OF THAT.

IT'S LIKE ADDING FEATHERS OR SOFT MATERIAL TO A SPACE.

SO SUCH AS THE WAY YOUR PANELS ARE ANGLED ON THE CEILING ABOVE AND THE CARPETING HERE, IT ABSORBS THE DIRECT FIELD OF SOUND THAT'S BOUNCING AROUND.

SO IT DOES MAKE A, A BENEFIT.

IT HELPS YOU REDUCE THE NOISE.

AND WHAT, WHAT WOULD YOU PROPOSE TO DO THIS? WHAT EXACTLY SPECIFICALLY YOU'RE PROPOSING TO DO WELL, THE ANTHONY AND THE SOUND OKAY.

THERE ARE MULTIPLE COMMERCIAL PRODUCTS AVAILABLE AND WE CAN RECOMMEND A MINIMUM SQUARE FOOTAGE OF, UH, ABSORB THE MATERIAL TO, UH, UH, ABSORB SOUND WITHIN THE CEILING OF THE GARAGE.

HOW ABOUT THE WALLS? THINGS LIKE THAT.

WOULD THAT BE SOMETHING SUITABLE FOR THAT AS WELL? IT CAN BE DONE AS LONG AS IT DOESN'T, UM, AFFECT MAINTENANCE BECAUSE INSIDE A SERVICE GRADS, YOU HAVE TO HOST THINGS DOWN, YOU GET WATER THAT'S, UH, OCCASIONALLY BEING SPLASHED.

UH, IT HAS TO MEET THE FIRE CODE AS WELL.

SO THERE'S NUMEROUS OTHER REQUIREMENTS THAT HAVE TO BE SATISFIED.

SO IDEALLY, YEAH, YOU CAN PUT IT ALL OVER THE PLACE, BUT TO FUNCTION, IT HAS TO BE TO THE CEILING AND A CERTAIN HEIGHT DOWN FROM THE CEILING.

OKAY.

THANK YOU.

ANY ADDITIONAL QUESTIONS? SO MAYOR REAL, REAL QUICK, JUST SO WE UNDERSTAND THE ENFORCEMENT MECHANISM, NOT ENOUGH TO USE OUR, THANK YOU, UNLESS YOU'RE GOING TO FORCE THIS ISSUE.

UM, SO YOUR MANAGER, UM, WE HAD, UH, UH, LIKE I SAID, MR. BAUSE SAID WE HAVE A PROCESS FOR, UH, ENFORCING THIS.

W WHAT ARE YOUR THOUGHTS ON THIS? YEAH, MR. MAYOR, UH, COUNCIL FROM ORLANDO, UM, THE ENFORCEMENT PROCESS TENDS TO START WITH A COMPLAINT BASIS AS YOU'RE WELL AWARE.

SO OBVIOUSLY FROM A CONSTRUCTION STANDPOINT, AS THIS IS GOING UP, IF THERE ARE CONDITIONS OR STIPULATIONS THAT ARE ADOPTED BY COUNCIL, WE WOULD CERTAINLY MAKE SURE DURING THE CONSTRUCTION PROCESS, IF THOSE ARE ENFORCED, IF THEY WERE PART OF THE PDP APPROVED BEYOND THAT, UM, WE WOULD WAIT FOR THERE TO BE AFTER FINAL INSPECTION.

IF THERE WAS A COMPLAINT WE WOULD GO AND INVESTIGATE AND COMPARE THAT TO THE PDP THAT WAS APPROVED.

AND IF IT WAS NOT IN COMPLIANCE, WE WOULD GO THROUGH THE PROPER ENFORCEMENT PROCESS UNTIL THAT ISSUE IS EITHER MITIGATED OR WHATEVER DISPOSITION HAPPENED THROUGH THE LEGAL SYSTEM.

THANK YOU, CITY ATTORNEY.

I HAVE A QUESTION FOR YOU AND, OR CHRISTINE TOO.

SO OBVIOUSLY A LOT OF THE CONCERNS COMPLAINTS OF OUR, AND BY THE WAY, JANINE, I, I APOLOGIZE.

I'LL INVITE YOU TO COME UP AND HAPPIER.

YOU'RE SAY STILL IT GOT LOST IN THERE.

AND I APOLOGIZE.

UM, A LOT OF THE CONCERN IS USED ON THIS, UM, FROM THE VERY FIRST GENTLEMEN TO EVERYONE ELSE, IT'S, UH, IT WAS USED, OUR CONSIDERATION IS NOT USE, IS THAT CORRECT? IT'S UM, IT'S BY RIGHT IN THERE.

SO GIVE ME SOME, GIVE US SOME DIRECTION RELATED TO MY, THAT QUESTION.

ABSOLUTELY.

MAYOR, IF I MAY, UM, AS, AS YOU ALL KNOW, UM, THE USES ON LAND ARE GOVERNED BUYER'S ZONING CODE, AND THAT CODE HAS BEEN SET UP THAT IN CERTAIN DISTRICTS WE ALLOW USES BY, RIGHT, THIS IS A USE ALLOWED BY, RIGHT, MEANING THIS PROPERTY HAS THE RIGHT TO HAVE A CAR CARE FACILITY, A GARAGE, UM, ON IT, HOW IT'S DESIGNED AND EVERYTHING IS, UM, WHAT IS PART OF THE PDP, WHICH IS WHAT THE, THE COUNCIL IS CONSIDERING TONIGHT.

BUT LEGALLY THE DECISION REGARDING THE USE WAS MADE MANY YEARS AGO, UM, THROUGH

[01:10:01]

THE APPROVAL OF THE ZONING ON THE PROPERTY.

AND AS YOU KNOW, IN ARIZONA, WE HAVE STRONG PROPERTY INTEREST LAWS, MEANING AS A PROPERTY OWNER, THE LAWS ARE INTENDED TO PROTECT WHAT MY PROPERTY CAN, WHAT I CAN DO ON MY PROPERTY.

SO, UM, IF THE CITY WERE TO TAKE THE STANCE OF, WE'RE NOT GOING TO ALLOW A USE, THAT'S ALREADY BEEN ALLOWED, THE CITY COULD BE SUBJECT TO LIABILITY FOR THAT DECISION.

OKAY.

SO THE SECOND PART, UM, AGAIN, I MEAN, JUST SO IT WAS CENSUS WAS APPROVED AND THE STATE HAS NOT RESCINDED OR GIVEN CITIES THE ABILITY TO CHANGE THE USE OF SOMETHING ONCE IT'S PERU.

AND WE'VE SEEN THAT IN A FEW OTHER CASES RECENTLY.

SO REALLY THEN WE'RE, WE'RE TALKING ABOUT THE PDP WITH DESIGN AND SOME OF THE ELEMENTS THAT ARE IN QUESTION HERE.

OKAY.

THANK YOU.

UM, YES, COUNCIL, I DO HAVE ONE MORE SPEAKER TO COME UP, BUT WE CAN DISCUSS.

AND THEN WHAT WOULD YOU PREFER? OH, LET'S LET THE SPEAKER, YEAH.

JANINE COME ON UP AND, AND I GIVE YOU THREE MINUTES, STATE YOUR NAME AND ADDRESS, AND, UH, YOU'VE HEARD EVERYTHING ELSE.

THANK YOU SO MUCH.

MY NAME IS JANINE DINGES AND I LIVE AT 1960 EAST SPRINGFIELD PLACE.

AND THAT'S DIRECTLY WEST OF WHERE THIS PROPERTY WOULD BE CONSTRUCTED.

THANK YOU SO MUCH.

UM, THIS CORNER ALREADY HAS A SIGNIFICANT ISSUE THAT, UH, ISN'T BEING ADDRESSED BY THE CITY SINCE REZONING AND CONSTRUCTION OF CIRCLE PAY RESIDENTS IN THE AREA HAVE ABSORBED A BURDEN THAT WILL ONLY INCREASE WITH THE CONSTRUCTION OF CARE.

I UNDERSTAND THAT THEY DID A SOUND STUDY.

UH, HOWEVER, I DON'T FEEL IT WAS SUFFICIENT.

UH, UH, CURRENTLY THE RESIDENTS SUFFERED 24 7 WITH MORE PEOPLE PASSING THROUGH THE AREA THAT NORMALLY WOULDN'T AND THERE WAS INCREASED DRAG RACING UP AND DOWN COOPER.

THERE A SOUND STUDY APPEARS TO BE INCONSISTENT WITH WHAT WE EXPERIENCED MORNING, MIDDAY, AND EVENING.

THE SOUND FOR, UH, OUR NEIGHBORHOOD HAS ALREADY RATED HIGH.

THE HOURS LISTED ARE LONG, INCLUDING ON SATURDAYS, ANTICIPATE MORE CARS RUNNING THROUGH THERE.

OUR NEIGHBORHOOD TO TEST DRIVING, UH, TO TEST DRIVE VEHICLES ON FIRE ROADS.

I FEAR WE WILL NEVER HAVE A MOMENT OF CALM IN OUR NEIGHBORHOODS.

UM, I ALSO AM CONCERNED ABOUT THE LOOK, UH, LIKE MR. RUSSO POINTED OUT, IT JUST DOESN'T FIT.

UM, UH, THAT A TWO CAR TYPE OF BUSINESS ON THAT CORNER MAKES THE AREA LOOK CHEAPER TO ME, AS WELL AS A SMALL BUSINESS OWNER AND CHANDLER, UH, MICHAEL WAS NOT TO DIMINISH ANOTHER COMPANY'S DESIRE TO INCREASE THEIR CUSTOMER BASE.

HOWEVER, THIS BUSINESS IS WRONG FOR THE AREA AND WRONG FOR THE RESIDENTS.

THE TYPE OF WORK THAT THEY DO WILL INCREASE THE NOISE THAT WILL GO AGAINST THE CITY'S OWN CODE OF ORDINANCE 11 DASH 10.1 FOR NEIGHBORHOOD PRESERVATION.

THIS CODE SPECIFICALLY PROHIBITS NOISES, SUCH AS VEHICLES ACCELERATING OR DECELERATING HORNS, OTHER SIGNALING DEVICES, NOISE FROM EXHAUST SYSTEMS, REVVING OF ENGINES.

AND I QUOTE FROM THE CODE NOISE OR MUSIC, WHICH TO SERVICE THE PEACE OR QUIET OF ANY NEIGHBORHOOD, OR WHICH CAUSES DISCOMFORT OR ANNOYANCE TO ANY REASONABLE PERSON OF NORMAL, SENSITIVE ILLNESS RESIDING, OR WORKING IN THE AREA.

WHAT KIND OF VENDORS WILL THEY HAVE COMING AND GOING? I KNOW THAT SNAP-ON TOOLS, UM, SELL TO THE MECHANICS AND THEY TEND TO LEAVE THEIR TRUCKS RUNNING AN IDLE FOR A LONG TIME.

UM, THE DECISION TO GRANT CONSTRUCTION WILL CONTINUE TO DECREASE THE QUALITY OF LIFE FOR THE RESIDENTS, WITH THE REZONING.

IT CHANGED OVERNIGHT.

I DON'T, I DON'T ACCEPT THE SUGGESTION FROM THE PLANNING AND ZONING COMMISSION MEETING THAT I ATTENDED IN MARCH THAT, AND I PARAPHRASE THIS, THAT WITH INCREASED POPULATION, WE MUST ACCEPT THE NOISE WILL INCREASE.

I DON'T ACCEPT THAT A MORE PASSIVE TYPE OF BUSINESS WOULD BE MORE IN LINE WITH THE EXPECTATIONS OF THE RESIDENTS.

WHAT'S UNFORTUNATE IS THAT RESIDENTS ALREADY DISLIKE CARRIES BECAUSE OF THIS PROPOSAL, AS SAD AS A BUSINESS OWNER, THAT'S SAD.

UM, AND I AM NOT CONCERNED WITH THE PEOPLE WHO OWN THE PROPERTY AND WANT THIS TO GO THROUGH.

THEY DON'T LIVE HERE IN THIS NEIGHBORHOOD.

THEY SHOULD HAVE CONDUCTED A MORE COMPREHENSIVE INVESTIGATION ABOUT THE AREA AND WHAT WOULD BE ACCEPTABLE TO THE INHABITANTS.

AS I KNOW TOO WELL, THERE IS ALWAYS A COST OF DOING BUSINESS.

UM, IF THIS IS GRANTED, I WOULD REQUEST MORE MITIGATION.

LIKE IT'S BEEN BROUGHT UP, UM, SMALLER FOOTPRINT, LESS BAYS, REDUCED, OPERATE, OPERATING HOURS, MORE FOLIAGE, OR TREES, BUSHES TOWARDS THE WEST OF THE PROPERTY, INCLUDING FAST-GROWING TREES LIKE CISOS.

UM, IT IS OFFSITE, BUT WHERE I LIVE IN CANYON OATS, UH, THE EXTERIOR WALL, THAT'S RIGHT THERE BY, UH, COOPER.

I, SORRY.

I APPRECIATE IT.

THANK YOU FOR LETTING ME DO THAT.

YEAH.

UH, OOPS.

COUNCIL MEMBER GOT LESS THAN COUNCIL MEMBER HARRIS, UH, CITY MANAGER.

WE TALKED ABOUT, UM, ENFORCEMENT AND YOU REALLY EXPLAIN IT.

WE HAVE A PROCESS IT'S ALREADY PART OF THE CITY'S CODE.

THAT'S HOW WE DO BUSINESS IN THE CITY OF CHANDLER CITY ATTORNEY.

YOU ALREADY EXPLAINED TO US AT

[01:15:01]

THIS POINT, THE CITY OF CHANDLER, AS WE SIT HERE TO REPRESENT, WE CANNOT SAY NO TO THIS PROJECT BASED ON THE LAND USE.

BUT WHAT WE COULD DO IS WORK WITH THE LAND OWNER OR THE, THE, UH, PRISON BUSINESS TO MAKE IT IN A WAY THAT THE QUALITY OF LIFE OF THOSE WHO ARE AROUND THAT BUSINESS WILL BE AS BEST AS POSSIBLE.

IS THAT CORRECT? MAYOR, IF I MAY, AND COUNCIL MEMBER ELLIS, THAT IS THE PURPOSE OF THE PDP IS TO DESIGN THE BUSINESS, THE ACCESS AND EVERYTHING IN A WAY THAT IS, UM, FITS WITHIN IN THE AREA.

YES, TONIGHT, I'VE HEARD SOME OF THE RESIDENTS SAY THEY DON'T WANT IT THERE.

THEY JUST WANT IT TO GO SOMEWHERE ELSE.

IT'S NOT SOMETHING IN OUR POWER.

AND IS IT FEASIBLE FOR THE CITY AS US? WE PRESENT IN THE CITY, JUST SIT HERE TONIGHT AND TELL THEM, YES, YOU HAVE THE RIGHT TO SAY, YOU DON'T WANT IT THERE.

IF I MAY COUNCIL MEMBER ELLIS.

UM, AGAIN, THIS IS A USE BY, RIGHT FROM THE ZONING THAT WAS PUT ON THIS PROPERTY AND NUMBER OF YEARS AGO, AND TO DENY THIS USE COULD SUBJECT THE CITY TO LIABILITY.

SO, YES.

UM, THANK YOU, COUNCILMAN ELLIS.

UM, SO JUST TO STAY CONSISTENT AND, UM, THIS DECISION WAS MADE BEFORE COUNCIL WAS HERE BEFORE I WAS HERE BEFORE I WAS BORN CHECK THE DATE, SOME TALLY YOUNG, BUT AMERICAN COUNCIL MEMBER HARRIS.

UM, I'M NOT SURE WHEN THE ZONING, I DON'T HAVE IT PULLED UP 2016.

SO IT WAS BEFORE YOU WERE ON COUNCIL? YES.

OKAY.

OKAY.

AND THEN, UM, MY NEXT QUESTION IS, UM, WHEN YOU SAY THE CITY IS SUBJECT TO LIABILITY, WHAT DOES THAT MEAN? DOES THAT MEAN PUT IT IN LAYMAN TERMS? SO EVERYONE CAN REALLY, WE CAN REALLY UNDERSTAND WHAT DOES SUBJECT TO LIABILITY MEANS.

THE PROPERTY OWNER COULD FILE A LAWSUIT AGAINST THE CITY FOR DAMAGES.

OKAY.

ALL RIGHT.

SO MY NEXT QUESTION IS THIS, IF WE, IN TERMS OF THE, THE NOISE, UM, WELL, THIS IS ACTUALLY FOR A CITY, UM, CITY MANAGER NOW I'M CITY MANAGER.

UM, SOME OF THE, THE, UH, SOME OF THE CONSTITUENTS CONCERNS WAS RAPID CAR MOVEMENT, UM, LOUD VEHICLE NOISE TRAFFIC.

IS IT HOSPITAL THAT WE CAN LOOK AT DOING A STUDY OR IS THIS IN OUR PLAN TO DO A POSSIBLE STUDY AND LOOK AT SOME CAMI MEASURES FOR THE TRAFFIC? SO, UM, UH, OUR CONSTITUENTS COULD FEEL MORE SAFE WHILE MOVING THROUGHOUT THAT AREA.

YEAH.

MR. MAYOR, UH, COUNCIL MEMBER HARRIS, UM, WE WOULD CERTAINLY BE HAPPY TO LOOK AT THE GENERAL TRAFFIC PATTERNS IN THE AREA AND PROVIDE YOU WITH THAT INFORMATION.

UM, THESE ARE TWO MAJOR ARTERIAL STREETS THAT THIS PROJECT FRONTS ON.

AND SO TRAFFIC CALMING IN THAT AREA WOULD BE ATYPICAL.

I'M NOT SURE WHAT THAT WOULD LOOK LIKE BECAUSE THOSE ARE DESIGNED TO BE THROUGH WAYS, A MAJOR ROAD NETWORK THROUGHOUT OUR CITY, IF IT WAS IN THE NEIGHBORHOOD, IT WOULD BE A LITTLE BIT DIFFERENT STORY.

UM, IN TERMS OF THE ENFORCEMENT SIDE, THE FIRST PART OF YOUR QUESTION AGAIN, THAT HAS TO BE CONSIDERED SORT OF SEPARATE FROM THE PROJECT AND THE USE QUESTION, UH, THAT'S ALREADY BEEN DECIDED, AND THE PDP THAT'S BEFORE YOU DENIED, IF THERE ARE EXISTING TRAFFIC ISSUES OR TRAFFIC ISSUES THAT MAY ARRIVE AT SOME FUTURE DATE BECAUSE OF WHATEVER REASON, UM, WE CAN CERTAINLY WORK THROUGH THE POLICE DEPARTMENT TO SEE IF THERE'S ADDITIONAL PATROLS OR TRAFFIC ENFORCEMENT.

AND THEN IN THAT AREA, DEPENDING ON WHAT THE RESULTS ARE AND WHAT THE COMPLAINTS FROM THE SURROUNDING NEIGHBORHOOD MAY BE.

AND THEN, UM, MY NEXT QUESTION WAS TO THE CITY ATTORNEY IN TERMS OF, UM, UM, IN TERMS OF, WELL, ACTUALLY THIS IS PROBABLY MORE, I MIGHT HAVE TO GO BACK TO THE CITY MANAGER IN TERMS OF MATERIALS OF THE BUILDING BEING BUILT.

UM, IF WE WERE TO SAY, HEY, WE WANT, UM, A LITTLE BIT MORE INSTALLATION.

YOU KNOW, I KIND OF UNDERSTAND ABOUT STUDIOS I'VE BEEN IN THAT INDUSTRY AND THINGS LIKE THAT.

BUT IF WE WAS TO SAY THAT WE WANTED, UM, THIS MORE INSTALLATION, WE WANTED THAT WALL TO BE A FEE, THE WALL TO BE, HAVE SOME NOISE PROOFING AND THINGS OF THAT NATURE.

COULD WE POSSIBLY ASK FOR THAT TO HAPPEN AND NOT BE OUT OF HOME? YES.

THANK Y'ALL.

I'M TRYING TO BUILD MY CASE THAT'S OKAY.

ALL RIGHT.

OKAY, MR. MAYOR,

[01:20:01]

THE REASON, THE REASON WHY I SAID THE REASON WHY I SPECIFICALLY REACTS THAT ONLY BECAUSE OF THE FACT THAT, UM, THERE WAS CONCERNS THAT THERE COULD BE MORE, UM, THAT COULD DELAY THE PROJECT BASED ON THE MATERIALS.

AND I WANTED TO BETTER UNDERSTAND, IS THAT SOMETHING THAT WE CAN PUSH FORWARD? OKAY.

REMEMBER, LANDO, MAY I HAVE A QUICK QUESTION FOR THE APPLICANT? IT'S BEEN A LONG DAY, SIR.

SO LET'S GET TO THE LAST QUESTION HERE.

AT LEAST WE'RE NOT FINISHED.

I I'M FLAT RATE ANYWAY, WE'RE ALL FLAT RATE UP HERE.

SO WE COULD GO YOUR YEARLY QUESTION FOR YOU OR THE APPLICANT.

THE ONCE A VEHICLE HAS BEEN REPAIRED, WHERE ARE THEY GOING TO DRIVE IT? BECAUSE I KNOW THE NEIGHBORS WERE CONCERNED ABOUT DRIVING IN THEIR NEIGHBORHOODS.

THERE'S NO, THERE'S NO TEST RUNNING OF THE VEHICLE.

YOU DON'T DRIVE AROUND, YOU PREPARE IT AND YOU PARK IT IN THE PARKING LOT OF THE CENTER UNTIL THE OWNER COMES AND PICKS UP AND DRIVES IT HOME.

ARE YOU SURE ABOUT THAT? BECAUSE YOU HAVE TO TEST A CAR.

I MEAN, IF YOU, SOMEONE COMES IN WITH A, UH, AN AIR CONDITIONING BEING BROKE, DON'T YOU TAKE IT OUT ON THE ROAD AND MAKE SURE IT'S WORKING.

IF YOU NEED TO DRIVE IT, YOU WOULD PRESUMABLY DRIVE IT ON THE ARTERIAL STREET THAT YOU DON'T TEST DRIVE THROUGH A RESIDENTIAL NEIGHBORHOOD.

THE MACAQUES, I MEAN, THESE ARE PROFESSIONAL MECHANICS HAVE PREPARED THINGS IN A HIGHLY, UH, OPTIMIZED WAY.

IT'S NOT A GUESSING GAME IF IT WORKS OR IT DOESN'T WORK.

SO IF YOU HAVE TO DRIVE IT, YOU DRIVE IT ON THE ARTERIAL STREET, THEN BRING IT BACK A PARKING IN YOUR BAY, BUT THERE'S NO NEED TO DRIVE IT FROM A RESIDENTIAL NEIGHBORHOOD.

OKAY.

SO IS THAT A CARRY COMMITMENT? ABSOLUTELY.

ALL RIGHT.

SO MAYOR WITH THAT AND WHEN ALL THE DISCUSSION TONIGHT, I MOVE THAT WE APPROVE THE PRELIMINARY DEVELOPMENT PLAN.

PLH 21 DASH 0 0 7 1 CARRIES CAR CARE.

WE HAVE PRELIMINARY DEVELOPMENT PLAN FOR THE ONSITE BUILDING ARCHITECTURE LOCATED SOUTH OF SOUTHEAST CORNER COOPER PAKOS ROAD, SUBJECT TO THE CONDITIONS RECOMMENDED BY PLANNING AND ZONING.

IN ADDITION TO GO INTO A RECORD, THE CONDITIONS THAT THE CARRY CART CARE COMMITMENT LETTER WILL BE ENFORCEABLE AS A CONDITION NUMBER TO WORK WITH THE HOA, THE PROPERTY OWNER, TO PUT UP AN EIGHT FOOT WALL ON THE SOUTH SIDE OF BUDDING, THAT FACILITY WORK ON A 28 FOOT MAXIMUM HEIGHT WORK WITH DAMPENING THE INSIDE OF THE BUILDING WITH ABSORPTION PANELS AS MUCH AS POSSIBLE, DEFINITELY TO CEILING, BUT AS MUCH AS POSSIBLE, BUT WALLS, OBVIOUSLY WITHOUT INTERFERING WITH ANY FIRE OR HAZARD SAFETY ISSUES.

NUMBER TWO, NUMBER SIX, EXCUSE ME, ONE, TWO, THREE, FOUR, FIVE, UM, PROVIDE A PHONE NUMBER FOR THE RESIDENTS TO CALL WHEN THIS IS, UH, DURING CONSTRUCTION, AS WELL AS OPERATIONAL.

SO TO HAVE SOMEONE THAT THEY COULD CALL TO EXPRESS ANY CONCERNS AND NUMBER S FINAL ONE IS I HEARD A LITTLE BIT MORE OF, UM, FOLIAGE ON THE WEST SIDE OF THE PROPERTY.

THOSE WITH THAT I MOVE TO APPROVE.

IS THERE A SECOND? I SECOND, IT MEN ARE THOSE STIPULATIONS OF MEDIAL TO THE APPLICANT.

YEAH.

I THINK, I THINK BETWEEN STAFF AND LEGAL, YOU CAN FIND A WAY TO WORD THEM PROPERLY, BUT THE OVERALL INTENT SPIRIT THAT WE CAN MAKE OF YEAH.

AND THE OTHER COMMITMENT IS YOU WILL NOT DRIVE IT THROUGH THE NEIGHBORS RESUME.

YOU ALREADY GOT A SECOND THERE, MAN.

SORRY, BUT YOU'RE A GENTLEMAN.

I KNOW.

YOU'LL CHECK THAT.

ALL RIGHT.

COUNSEL, ANY COMMENTS BEFORE WE VOTE MARIJUANA TO BE ON OUR STORY, WOULD IT BE OUT OF ORDER TO, UH, ASK FOR THE STIPULATION FOR THE ONE YEAR STUDY THAT WE, THAT WE HAD MENTIONED THAT I THINK ONE OF THE NEIGHBORS HAD MENTIONED THAT LIKE A ONE YEAR STUDY.

UM, TELL ME EXACTLY WHAT THAT MEANS AGAIN, IN THIS SITUATION.

AND I'M LOOKING TO THE CITY, THE CITY ATTORNEY AS WELL.

I THINK WHAT THEY MENTIONED WAS A STIPULATION FOR A YEAR, UM, TO TRY IT OUT AND SEE HOW THEY, THINGS GOING.

THAT'S WHAT I HEARD MAYOR.

IF I MAY JUMP IN ON THAT ONE, THAT WOULD BE A DIFFICULT ONE TO ENFORCE.

AND THE REASON BEING, UM, A STUDY COULD BE DONE, BUT THEY HAVE A RIGHT TO D TO OPERATE THE BUSINESS.

WE HAVE A LOT OF STIPULATIONS ON NOISE MITIGATION ON CON YOU KNOW, CONCEALING, WHICH WE HAVE CLEAR DIRECTION ON HOW TO ENFORCE THAT.

I THINK THE CHALLENGE WITH HAVING A NOISE STUDY DONE IN A YEAR IS WHAT WE WOULD ACTUALLY DO WITH THAT, THAT HOWEVER DOES NOT PRECLUDE POTENTIAL ENFORCEMENT IF THEY'RE NOT COMPLYING WITH THE REQUIREMENTS OF OUR CITY ORDINANCES.

AND IF THERE ARE DISTURBANCES OF THE NEIGHBORHOOD THAT

[01:25:01]

ARE EXCESSIVE, WE ALREADY HAVE THOSE ENFORCEMENT MECHANISMS IN PLACE.

SO, SO IN EFFECT THE PHONE NUMBERS AND THEN, AND THE NOISE COMPLAINTS ARE THEY, IF THEY DO COME FORWARD WILL BE THE MECHANISMS OF WHICH WE CAN TAKE ACTION IF WE NEED TO, BASED ON THE STIPULATIONS THAT COUNCIL MEMBER ORLANDO LAID OUT.

MAYOR, IF I MAY COUNCIL MEMBER STUART, THAT IS CORRECT.

ALRIGHT.

UH, COUNCIL, ARE WE READY TO VOTE? SO PLEASE VOTE.

THAT'S MEMBER LOPEZ.

YES.

MOTION CARRIES UNANIMOUSLY.

ALL RIGHT.

THANK YOU, COUNCIL NEIGHBORS.

THANK YOU, APPLICANT COUNSEL.

NEXT ON OUR AGENDA IS THE SECOND PUBLIC HEARING ITEM

[52. Proposed Local Alternative Expenditure Limitation - Home Rule Option Election, Second Public Hearing 1. Open Public Hearing 2. Staff Presentation 3. Council Discussion 4. Discussion from the Audience 5. Close Public Hearing Council Focus Area(s):]

NUMBER 52.

UH, I'D LIKE TO OPEN OUR PUBLIC HEARING.

THANK YOU, MARIN COUNCIL.

I HAVEN'T PUT THE PRESENTATION UP THERE.

SO TONIGHT MARIN COUNCIL TONIGHT IS THE SECOND PUBLIC HEARING OR THE PROPOSED LOCAL ALTERNATIVE EXPENDITURE LIMITATION CALLED HOME RULE OPTION FOR CHANDLER AND IN JUST A MOMENT ON JUNE 3RD, 1980, THE STATE OF ARIZONA PLACED A NEW EXPENDITURE LIMITATION ON CITIES AND TOWNS.

THE ARIZONA CONSTITUTION SETS A MAXIMUM SPENDING LIMIT BASED UPON A FORMULA INCORPORATING EXPENDITURES IN THAT FISCAL YEAR, 19 79, 80 ADJUSTED FOR ANNUAL INCREASES IN POPULATION AND INFLATION.

THE FORMULA ALSO ALLOWS FOR SOME EXPENDITURE EXCLUSIONS.

OKAY, YOU HAVE THE CLICKER.

THANK YOU.

THANK YOU.

MA'AM SO I JUST COVERED THIS ONE.

UH, THE NEXT AREA IS THE CONSTITUTION ALSO PROVIDES SEVERAL ALTERNATIVES TO THE STATE IMPOSED SPENDING LIMITATIONS.

A ONE-TIME OVERRIDE, A LOCAL EXPENDITURE LIMITATION HOMO, WHICH IS THE ONE THAT CITY OF CHANDLER HAS, HAS USED AND A PERMANENT ADJUSTMENT OF THE BASE LIMIT.

CHANDLER HAS ALWAYS OPTED FOR THE LOCAL EXPENDITURE LIMITATION HOME RULE OPTION RESIDENT'S APPROVAL OF HOME RULE GIVES THE CITY COUNCIL THE AUTHORITY TO MAKE ITS BUDGET DECISIONS BASED UPON REVENUES AVAILABLE AND SERVICES AND AMENITIES DESIRED BY THE CITIZENS OF CHAN, BUT RATHER THAN BEING HELD TO A STATE FORMULA BASED ON A 1980 BUDGET, CHANDLER VOTERS HAVE APPROVED THE HOME RULE OPTION 10 CONSECUTIVE TIMES SINCE 1982.

MOST RECENTLY IN AUGUST, 2018, THE APPROVAL IS GOOD FOR FOUR BUDGET YEARS.

SO THE 2018 APPROVAL OF HOME RULE COVERS US THROUGH THE UPCOMING FISCAL YEAR, 20 22, 23 BUDGET.

THE NEXT HOME RULE WOULD THEN START WITH THE FYI FROM FISCAL YEAR 20 23, 24 BUDGET TWO PUBLIC HEARINGS ARE REQUIRED.

SO TONIGHT IS THE LAST OF THOSE HEARINGS.

FOLLOWING THAT, UH, TONIGHT'S PUBLIC HEARING, UM, COUNCIL WILL BE ASKED TO VOTE ON A RESOLUTION TO PLACE HOME RULE ON THE PRIMARY BALLOT FOR AUGUST 2ND.

THE COUNCIL VOTE REQUIRES A TWO THIRDS MAJORITY TO APPROVE THE RESOLUTION AND PUT THE ITEM ON THE BALLOT.

IF AND WHEN PLACED ON THE BALLOT, IT NEEDS A MAJORITY OF THOSE VOTING TO PASS THE PRELIMINARY FINANCIAL IMPLICATIONS OF OPERATING WITHOUT HOME RULE ARE SHOWING HERE.

THE STATE COMPUTED LIMIT TAKES THE 1978 POPULATION AND THE 1980 BUDGET AND APPLIES A FORMULA FOR POPULATION GROWTH AND INFLATION TO COME UP WITH A COMPARABLE BUDGET OF ABOUT 298 MILLION.

IN ADDITION TO THE BASE AMOUNT, CITIES ARE ALLOWED TO SPEND BOND PROCEEDS, INTEREST, INCOME, FEDERAL GRANTS, AND SOME OTHER REVENUES, WHICH DO NOT COUNT AGAINST THE SPENDING LIMIT AND MAKE THE AMOUNT AND MAKE THE AMOUNT THAT CAN BE SPENT HIGHER.

BRINGING THE TOTAL STATE MAXIMUM TO ABOUT 538 MILLION.

THIS COMPARES TO THE CITY'S ANTICIPATED FISCAL YEAR, 20 23, 24 EXPENDITURES OF ABOUT 754 MILLION.

THEREFORE THE PRELIMINARY PROJECTED AMOUNT OVER THE STATE LIMIT IS ABOUT 216 MILLION WITHOUT APPROVAL OF THE HOME RULE OPTIONS.

CITY WOULD NEED TO REDUCE BUDGETED EXPENSES BY THIS AMOUNT.

IF THE CITY WERE TO NOT GO FORWARD WITH HOME ROLE, WE DON'T KNOW EXACTLY WHICH PROGRAMS OR SERVICES WOULD BE IMPACTED, BUT SOME OF THE TYPES OF THINGS THAT MIGHT BE IMPACTED ARE SHOWING HERE.

OF COURSE, NONE OF THIS WOULD HAPPEN WITHOUT WORKING THROUGH A FULL

[01:30:01]

PROCESS WITH THE CITY MANAGER, MAYOR AND COUNCIL.

IT IS IMPORTANT TO NOTE THAT THE HOME RULE DOES NOT INCREASE TAXES WITHOUT HOME RULE REVENUE WILL CONTINUE TO BE RECEIVED BY THE CITY, BUT IT WOULD NOT BE ABLE TO BE SPENT BASED ON A STATE IMPOSED EXPENDITURE LIMIT.

LASTLY, THIS SLIDE SHOWS AN ABBREVIATED VERSION OF THE HOME RULE ELECTION SCHEDULE.

THERE ARE ACTUALLY MANY MORE ADMINISTRATIVE STEPS TO THIS PROCESS, BUT I BOILED IT DOWN TO THE KEY DATES SHOWING HERE TONIGHT IS SPECIAL MEETING WILL TAKE PLACE PRESENTING A RESOLUTION FOR ADOPTION.

THE FOLLOWING MONDAY, APRIL 4TH, WE SEND OFF THE FINANCIAL WORKS EACH WORKSHEETS TO THE STATE AUDITOR GENERAL.

THE ARGUMENT FILING PERIOD IS APRIL FOUR THROUGH MAY FOUR.

DURING MAY, WE WILL BE WORKING WITH CITY CLERK TO PREPARE THE BOATING PAMPHLET AND THESE PAMPHLETS WOULD GO OUT TO CITIZENS, UH, JUNE 28TH AFTER APPROVAL BY THE AUDITOR GENERAL.

THEN WE END WITH THE ACTUAL BALLOT ITEM ON THE PRIMARY ELECTION BALLOT ON AUGUST 2ND.

THAT CONCLUDES THE PUBLIC HEARING PRESENTATION.

AND I'M HAPPY TO ANSWER ANY QUESTIONS.

OKAY.

THANK YOU.

DEPUTY DIRECTOR, DON.

UM, IS COUNSEL ANY DISCUSSION QUESTIONS OR COMMENTS SEEING NONE? IS THERE ANY DISCUSSION FROM THE AUDIENCE? ALL RIGHT, WITH THAT, I'D LIKE TO CLOSE OUR PUBLIC HEARING AND COUNCIL, WE'RE GOING TO HAVE THIS SECOND COUNCIL MEETING AND WE'LL DO OUR COUNCIL ANNOUNCEMENTS AT THAT POINT.

THANK YOU.

THANK YOU FOR REMINDING ME OF THAT.

I, I N I N GAMBLE MYSELF.

I HAD ASKED HER TO PLEASE LET REMIND ME AT THE END OF THIS.

SO

[11. Unscheduled Public Appearances]

WE DO HAVE TWO UNSCHEDULED PUBLIC APPEARANCES, AND, UM, FIRST I'LL JUST IN THE ORDER IN FRONT OF ME, UH, GREG SCHAFFER, MR. SHAPER, YOU HAVE THREE MINUTES STATE YOUR NAME AND ADDRESS FOR THE RECORD, SIR.

HELLO.

MY NAME IS GREG SHAVER.

I LIVE WITH SEVEN 80 NORTH BRADLEY DRIVE CHANDLER, ARIZONA, AND I AM NOT ANYWHERE INVOLVED WITH THE GARAGE.

SO ONE OF THE FIRST THINGS I WANT TO DO IS I WANT TO APPLAUD THE FACT THAT THE CITY HAS GONE THROUGH OUR NEIGHBORHOOD AND ALL THE LITTLE RESIDENTIAL SCIENTISTS HAS LIKE BRADLEY IVANHOE OR WHATEVER HAVE BEEN REPLACED WITH NEW ONES, BUT WE WERE TRAVELING IN ANOTHER CITY AND YOU'RE LITERALLY HAD TO GET OUT OF YOUR CAR AND WALK UP TO THE SIGN, THE READING, CAUSE THERE WAS SO FADED.

THEY WERE REALLY WERE TERRIBLE.

UM, I WAS ALSO MENTIONING TO MY WIFE AS WE WERE DRIVING AROUND ABOUT THE WEST CHANDLER SIGNS THAT YOU'RE PUTTING UP.

AND, UM, SHE HAD IT A LITTLE DIFFERENT OUTLOOK ON THIS THAN I DID.

MY WIFE IS A RETIRED ATTORNEY FOR AMERICA COUNTY.

AND WHEN SHE LOOKED AT THAT, SHE SAID, OH MY GOODNESS, THEY INSTALLED THE KEY.

UH, HER COMMENT WAS THE SCIENCE, LIKE A GANG NAME CLAIMED WEST CHANDLER.

I'M LIKE, OH MY, OH, OKAY.

SO AS WE TURNED NORTH ON THE BOULEVARD ON UNDERWORLD ROAD, UM, SHE LOOKED AT THE SECOND STREET POLE AND SHE LOOKS AT AND SAYS, OH MY GOODNESS, THAT LOOKS SO NASTY.

I PROVIDE YOU WITH A COUPLE OF PICTURES HERE.

I'M TOLD THAT YOU WERE BEING DELIVERED TO YOU.

I ASSUME YOU HAD A CHANCE TO LOOK AT THESE.

ANYHOW, THEY LOOK PRETTY BAD.

THEY REALLY DO.

UH, THE NEIGHBORHOOD IS ABOUT 30 YEARS OLD AND IT STARTING TO AGE AND IT'S STARTING TO LOOK PRETTY BAD.

AND IF YOU'RE TRYING TO PROMOTE WEST CHANDLER AS A PLACE WHERE PEOPLE WANT TO INVEST MONEY, YOU WANTED TO MAKE IT LOOK GOOD.

THIS DOES NOT LOOK GOOD.

SO YOU'VE DONE AN EXCELLENT JOB IN TAKING THE LITTLE RESIDENTIAL SIGNS AND GETTING THEM STRAIGHTENED OUT.

UH, BUT THIS IS SOMETHING ELSE THAT NEEDS TO BE TAKEN CARE OF.

UM, ONE OF THE OTHER THINGS THAT I NOTICED, UH, WHEN I WAS TAKING MY DOGS FOR A WALK AROUND THE NEIGHBORHOOD IS THAT ONE OF THE, THESE RESIDENTIAL SIGNS WERE ON A STOP SIGN AND WE WERE WINDED ABOUT A WEEK AGO.

IT LITERALLY BLEW THE STOP SIGN OVER.

IT HAD RUSTED OUT AT THE BASE.

AND SO WE'RE GETTING INTO AN AREA HERE WHERE YOU HAVEN'T NEIGHBORHOOD THAT NEEDS SOME TIME AND MONEY.

WHEN ANY OF THESE CHEAP SPEED THINGS NEED TO BE HOLES, NEED TO BE PAINTED, OR IT NEEDS TO BE REPLACED.

WHEN I SURVEYED ALL THE POLES FROM RAILROAD TO CHANDLER ON A ROLL, THERE WERE 30 OF THEM, 25 LOOK, OR THE DISMAL FIVE WERE BRAND NEW POLLS.

IT LOOKED REALLY GOOD, BUT THIS IS ON, THAT REALLY NEEDS TO BE DONE.

I APPRECIATE YOUR HELP AND

[01:35:01]

ADDRESSING THIS.

UH, YOU'VE DONE A GOOD JOB WITH THE LITTLE RESIDENTIAL SIGNS.

I'D APPRECIATE YOUR HELP FOR THIS.

YEAH, MR. SHAKY.

UNFORTUNATELY, WE CANNOT ENGAGE WITH YOU RIGHT NOW BECAUSE THAT'S SCHEDULED, BUT IF YOU'LL MAKE SURE THAT OUR, OUR CITY GETS THESE COMMENTS, WE WILL CERTAINLY LOOK INTO THE STOPLIGHT, THE SIGNS AND, AND THAT WAS TAKEN CARE OF QUICKLY.

GREAT.

THANK YOU, SIR.

THANK YOU.

NEXT UP FOR UNSCHEDULED PUBLIC APPEARANCE I HAVE AND KIT SORTA SIMILARLY, SARAH UNSCHEDULED, PUBLIC APPEARANCE.

WE CANNOT ENGAGE WITH YOU, BUT YOU HAVE THREE MINUTES TO SHARE WHAT YOU WILL PERFECT.

MY NAME IS .

I AM A RESIDENT OF EIGHT 50 OR BEST OR YOUR WAY AND CAN CITY CLERK, CAN WE GET THE CLOCK RESET, PLEASE? THANK YOU.

YEAH.

PERFECT.

THANK YOU.

APPRECIATE FOR THAT EXTRA.

UH, SO THE PURPOSE OF THE PRESENTATION IS JUST TO SEED IDEAS OVER THE COUNCIL MEMBERS OVER HERE AND STIMULATE SOME THOUGHTS FOR FUTURE POSSIBILITIES AND, UH, JUST FOR FULL DISCLAIMER.

I AM, UH, PRESENTING MYSELF AS A PROUD RESIDENT SINCE 2013.

I'VE CHALLENGED OUR CITY AND NOT AS A REPRESENTATIVE IN ANY CAPACITY OF MY EMPLOYER.

SO JUST TO BE CLEAR AND I DON'T HAVE AUTHORITY TO DO THAT.

SO MY PRESENTATION IS ABOUT INNOVATION, HEALTH, INNOVATION, AND THAT'S WHAT I WILL BE TALKING ABOUT.

AND I DID PRESENT A FOLDER OVER HERE FOR ALL OF YOU TO HAVE A LOOK AT IT.

AND THE FIRST ONE IS JUST STARTING WITH THE FLYER HEALTH FOR ALL AN UNREALIZED VISION, A GLOBAL VISION THAT THE WORLD STARTED ON IN 1981, BUT HASN'T BEEN REALIZED IT WAS SUPPOSED TO BE REALIZED IN 2000, BUT WE NEVER REALIZED IT.

THAT WAS HELPFUL.

IN 2009, WE HAD AN OPPORTUNITY.

AMERICA TOOK ITS FIRST STEP IN THAT DIRECTION WITH HEALTH INNOVATION ZONE PILOT, BUT IT NEVER WENT OUT OF CONGRESS.

SO THAT'S UNFORTUNATE FOR AMERICA, BUT IT HAS SOMETHING VERY INTERESTING IN IT.

H I Z DESIGNED PLAN REQUIREMENTS, HELD INNOVATION ZONE, DESIGN PLAN REQUIREMENTS.

IT'S A GREAT DOCUMENT FOR US TO JUST PONDER OVER HOW DO WE BRING IT? NOT LIKE WHAT IS IT UP TO DOWN, BUT DOWN UP.

SO GROUND UP INNOVATION.

SO IN SIMILARLY IN 2011, AMERICA PRESENTED FIRST EVER NATIONAL PREVENTION STRATEGY DOCUMENT.

THIS IS THE FIRST EVER DOCUMENT THAT WAS PUBLISHED BY AMERICA, NATIONAL PREVENTION STRATEGY, A GREAT DOCUMENT, 125 PAGES.

PLEASE HAVE A LOOK AT IT.

SO THAT, THAT STIMULATES FURTHER IDEAS.

I'VE JUST GIVEN FOUR PAGES IN THERE.

AND THIS IS CVS HEALTH HEALTH ZONE INITIATIVE.

THAT IS 2022 WHEN THEY ANNOUNCED IT.

AND IT IS IN PHOENIX WHERE THEY ARE GOING TO PUT IN BILLIONS OF LIKE MILLIONS OF DOLLARS.

AND BILLIONS IS WHAT IS ENVISIONED BY THE FORTUNE 500 AS A RESPONSIBILITY, UH, IN PHOENIX, ARIZONA, 8 5 0 4 0 ZIP CODE.

HOW DO WE BRING THAT MONEY OVER HERE? THAT'S THE QUESTION TO PONDER OVER.

AND THEN LAST ONE OF THEM IS DOUGHNUT ECONOMICS, DOUGHNUT ECONOMICS.

IF PEOPLE ARE NOT FAMILIAR WITH IT, KATE ROBERTS, A DIFFERENT WAY OF THINKING ABOUT ECONOMICS, ALTERNATIVE ECONOMICS, AND HOW DO WE, AS AN ENTITY, WORKING WITH MARKET, A COMMUNITY ENTITY, WORKING WITH MARKET, HOW DO WE MAKE THEM ADOPT DOUGHNUT ECONOMICS IN THEIR WORKING? BECAUSE THEIR MARKET, THEY JUST WANT TO MAKE MONEY BOTTOM LINE.

HOW DO WE ENFORCE US AS A COMMUNITY? AND WHILE BEING IN THE STATE, LIKE STATE AS THE FEDERAL REPRESENTING IDEAS LIKE HIPAA AND ALL THOSE OTHER THINGS, HOW DO WE COMPLY WITH THOSE? SO THAT'S THE END OF MY PRESENTATION.

THANK YOU.

WOW.

AND YOUR TIMING IS AMAZING.

THANK YOU, MR. SOTA.

THANK YOU, MAYOR.

YES, SIR.

YEAH.

JUST WANTED TO MAKE UNSURE CITY MANAGER.

WE LOOK AT THIS SECOND, LOOK AT IT.

ALL RIGHT.

WITH THAT, I'LL CLOSE OUR MEETING.