29
OFFICE OF THE CITY CLERK COUNCIL MINUTES June 17, 2010 The City Council of the City of Mesa met in a Study Session in the lower level meeting room of the Council Chambers, 57 East 1st Street, on June 17, 2010 at 7:31 a.m. COUNCIL PRESENT COUNCIL ABSENT OFFICERS PRESENT Scott Smith None Christopher Brady Alex Finter Debbie Spinner Dina Higgins Dennis Kavanaugh Kyle Jones Dave Richins Scott Somers (Items were discussed out of order, but for purposes of clarity will remain as listed on the agenda.) 1. Review items on the agenda for the June 21. 2010 Regular and Special Council meetings. All of the items on the agenda were reviewed among Council and staff and the following was noted: Conflicts of interest declared: None Items added to the consent agenda: None Items removed from the consent agenda: 13c (The Study Session adjourned at 7:45 a.m. and entered into an Executive Session. See Item 8) 2. Hear a presentation. discuss and provide direction on the Zoning Code Update. Zoning/Civil Hearing Administrator Gordon Sheffield displayed a PowerPoint presentation (See Attachment 3) and highlighted a timetable regarding the public workshop review period and hearing schedule for various boards as it relates to the Zoning Code update. (See Pages 1 and 2 of Attachment 3) Mr. Sheffield reported that during one of the workshops, staff received public input to allow RV parking in single residence side yards that are longer than 30 feet. He explained that staff prepared a modification that would allow 40 foot RVs on lots greater than 15,000 square feet

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Page 1: COUNCIL MINUTES - Mesa, AZ

OFFICE OF THE CITY CLERK

COUNCIL MINUTES June 17 2010

The City Council of the City of Mesa met in a Study Session in the lower level meeting room of the Council Chambers 57 East 1st Street on June 17 2010 at 731 am

COUNCIL PRESENT COUNCIL ABSENT OFFICERS PRESENT

Scott Smith None Christopher Brady Alex Finter Debbie Spinner Dina Higgins Dennis Kavanaugh Kyle Jones Dave Richins Scott Somers

(Items were discussed out of order but for purposes of clarity will remain as listed on the agenda)

1 Review items on the agenda for the June 21 2010 Regular and Special Council meetings

All of the items on the agenda were reviewed among Council and staff and the following was noted

Conflicts of interest declared None

Items added to the consent agenda None

Items removed from the consent agenda 13c

(The Study Session adjourned at 745 am and entered into an Executive Session See Item 8)

2 Hear a presentation discuss and provide direction on the Zoning Code Update

ZoningCivil Hearing Administrator Gordon Sheffield displayed a PowerPoint presentation (See Attachment 3) and highlighted a timetable regarding the public workshop review period and hearing schedule for various boards as it relates to the Zoning Code update (See Pages 1 and 2 of Attachment 3)

Mr Sheffield reported that during one of the workshops staff received public input to allow RV parking in single residence side yards that are longer than 30 feet He explained that staff prepared a modification that would allow 40 foot RVs on lots greater than 15000 square feet

Study Session June 17 2010 Page 2

and 30 foot RVs on lots less than 15000 square feet Mr Sheffield also noted that it would be necessary for a vehicle to be screened behind the setback of a residence and referred to a diagram illustrating such a configuration (See Page 3 of Attachment 3)

Responding to a question from Councilmember Somers Mr Sheffield clarified that in the standard R 1-6 District residential lots are required to have one side yard that is least 10 feet wide He explained that if a subdivision were constructed in such a manner that the side yards at adjacent residences were next to each other then conceivably two RVs could be parked side by side

Councilmember Somers expressed concern that the above-referenced scenario could create a potential fire spread problem between two residences

Mr Sheffield advised in addition that staff received a request to allow shallower lot depths in the RS-6 District and stated that staff concurred and would adjust the minimum lot depth from 94 feet to 90 feet

Mr Sheffield further reported that the Homebuilders Association of Central Arizona (HBACA) requested that the City allow side entry garages to encroach into the front yard He explained that staff advised that they would present the proposal to the Council and the Planning amp Zoning (PampZ) Board for further input Mr Sheffield noted that PampZ expressed concern that such a proposal would create a different type of monotony architecturally He added that staff might work through various design criteria with the Board and bring back the matter to the Council for further discussion and consideration

Mr Sheffield also remarked that staff received feedback from Desert Uplands residents who disagreed with allowing encroachments for livable area in the front yard and suggested that it would create too much density He stated that it was the opinion of staff that such an option would address certain problems primarily in the central south and western portions of the City and added that staff intends to move forward with the proposal

Mr Sheffield reviewed a series of diagrams comparing front entry versus side entry garage placement in RS and RSL Districts (See Pages 4 5 and 6 of Attachment 3)

Discussion ensued relative to additional comments that staff received during the public review process that additional design standards and allowances for Sub-Area Design Guidelines have been incorporated into the Zoning Code update and that staff added mandatory open space requirements in Multiple Residence and the RSL Districts

Mr Sheffield indicated that Lehi residents made the suggestion that the City regulate portable storage containers rather than prohibit them He explained that the containers are not allowed on a permanent basis but said that an individual could apply for a Special Use Permit to use them on a temporary basis or during construction on a property Mr Sheffield added that staff advised the residents that they would conduct additional research with regard to this matter

Mr Sheffield also advised that yesterday staff received a series of comments from the HBACA copies of which were distributed to the Council He said that staff would review each item in detail and prepare a response by the end of the month

Study Session June 17 2010 Page 3

Mr Sheffield noted that Councilmember Finter presented a concern regarding small detached portable buildings located in a side yard and said that staff would consider options concerning this issue

Mayor Smith thanked Mr Sheffield for the update

3 Hear a presentation discuss and provide direction on a convenience store ordinance which incorporates principles of Crime Prevention through Environmental Design (CPTED)

(The Study Session reconvened at 901 am)

Assistant Police Chief John Meza displayed a PowerPoint presentation (See Attachment 1) and reported that the Mesa Police Department (MPD) was seeking direction from the Council regarding the development of a new City ordinance governing convenience stores that would implement Crime Prevention Through Environmental Design (CPTED) principles

Chief Meza offered a brief historical chronology of the MPDs efforts thus far regarding this matter (See Page 2 of Attachment 1) He stated that the goals of the ordinance are to protect the health safety and welfare of the citizens of Mesa by reducing the occurrence of crime and calls for service deterring crime through prevention increasing the successful prosecution of crime occurring in Mesa convenience stores and freeing up Police resources

Chief Meza also referred to a document entitled Mesa Convenience Stores at a Glance - 2009 and provided a brief statistical analysis of calis for service arrests and shoplifting incidents at those properties (See Page 3 of Attachment 1) He explained that out of an estimated 100 convenience stores in Mesa the MPD identified the top 10 stores that account for more than 46 of all calls for service

Responding to a question from Councilmember Richins Chief Meza clarified that the ordinance would apply to convenience stores located in buildings less than 7500 square feet but exclude retailers such as CVS or Walgreens that generally occupy spaces larger than 10000 square feet

Chief Meza further highlighted various elements of the proposed ordinance related to registration penalties and security (See Pages 4 and 5 of Attachment 1) He noted that staff also recommends the implementation of a waiver option which would allow small stores in older buildings that might not be able to comply with certain elements of the ordinance to apply for a Security Plan (Le a CPTED-based plan designed specifically for an individual store) Chief Meza added that convenience stores in compliance with the ordinance but still experiencing high crime and excessive calls for service could be required to comply with a Security Plan and the ordinance

Discussion ensued relative to the fact that the development of the convenience store ordinance has been a challenge for the MPD in terms of finding a balance between instituting appropriate CPTED principles and addressing stakeholders concerns such as the costs associated with the installation of surveillance cameras special lighting and the fact that the ordinance would interfere with their business operations

Study Session June 172010 Page 4

Councilmember Kavanaugh who serves as Chairman of the Public Safety Committee commented that over the last two years the Committee has worked with the MPD to identify areas of criminal activity that consume a significant amount of Police resources He stated that the current proposal as recommended by the Committee was modified on several occasions due to input from key stakeholders and is designed to minimize the risk of crime to employees and the public and also provide flexibility to smallernon-chain convenience stores

Councilmember Kavanaugh noted that the Committee further recommended that the Council consider a reasonable transition period for the convenience stores to come into compliance with the ordinance He added that he would anticipate the stakeholders would provide ongoing recommendations with regard to clarificationsimprovements to the ordinance

Further discussion ensued relative to the fact that the MPD initially considered implementing a Security Plan concept similar to Tempes ordinance which would have applied to only the top 10 convenience stores that many of the retailers opposed such a concept because it would single out their stores and their customers would take their business elsewhere and that the stakeholders were supportive of a proposal that would be equitable among all convenience stores

Mayor Smith questioned the fairness of the ordinance with respect to those convenience store operators who have had few or no calls for service and would be required to incur significant costs to implement various security measures that might not be warranted

Chief Meza responded that the larger corporations were supportive of the ordinance which would apply to all convenience stores and said that the independent retailers preferred the implementation of a Security Plan

Mayor Smith commented that Quik Trip develops one master Security Plan and said that the cost per unit of the Plan would decrease as it was replicated at its stores He noted however that for an independent retailer to implement a similar Plan might cost tens of thousands of dollars

Councilmember Richins stated that the major corporations were not the retailers generating the calls for service and clarified that it was more of a resource allocation issue He also remarked that there appeared to be sufficient flexibility built into the ordinance so that a majority of the convenience stores would be in compliance as soon as it went into effect

Chief Meza clarified that a majority of the problem stores were not the independent retailers

Responding to a series of questions from Mayor Smith Chief Meza explained that the convenience stores in the Central District and Dobson District have the highest number of calls for service He stated that this might be as a result of the location and design of the stores as well as management policiespractices

Councilmember Somers commented that many of the crimes at convenience stores are smash and grabs wherein an individual steals and consumes beer and is subsequently involved in a motor vehicle accident that impacts the community as a whole He expressed support for an ordinance that would be applied fairly to all retailers and help prevent a crime that occurs in one store being pushed down the road

Study Session June 172010 Page 5

Responding to a question from Mayor Smith Police Commander Kathleen Kirkham clarified that staff considered implementing an accelerated fine schedule that would apply to those convenience stores that exceed a certain number of calls for service She stated that the retailers responded that if such a proposal were implemented they would simply not call the MPD to report crimes which would be a public safety issue for the entire community

Councilwoman Higgins inquired whether the City could legally address the top 10 convenience stores that account for the greatest number of calls for service without having to implement an ordinance that would affect all Mesa convenience stores

City Attorney Debbie Spinner responded that it would be necessary for staff to ensure that the ordinance was non-discriminatory and whether criteria could be developed in that regard

Chief Meza advised that Councilwoman Higgins suggestion was similar to Tempes Security Plan which was the MPDs initial focus He stated that staff could go back to that process if it were the direction of the Council

Responding to a question from Councilmember Somers Chief Meza clarified that the MPD has not yet identified grant opportunities in order to assist smaller convenience store operators in funding necessary security upgrades

Additional discussion ensued relative to concerns expressed by convenience store retailers regarding the cost to upgrade their stores the security element of the ordinance that would require the stores to have a clear unobstructed view of the cash register through all windows and that many retailers have inventory that covers the front windows of their stores and that such an issue would be addressed by applying for a waiver option

Police Chief Frank Milstead addressed the Council and reported that his former employer the City of Phoenix stopped responding to calls for service at convenience stores related to the theft of alcohol or gasoline He reiterated that the MPD was attempting to respond to the calls in order to protect the public from such crimes which often leads to other activities such as motor vehicle collisions or congregation blight

Councilmember Finter remarked that the MPD has taken a very reasonable approach in addressing this matter including working with convenience store operators He also stated that he was open-minded relative to the direction this process would take

Councilwoman Higgins commented that since the MPD initially focused on a concept that would address the top 10 convenience stores she would support staff revisiting that issue

Mayor Smith advised that the Council generally does not allow public comment during a Study Session but stated that because this was such an important issue he would like to hear from the stakeholders who turned in speaker cards

Trish Hart and Tim McCabe representatives of the Arizona Food Marketing Alliance (AFMA) offered a series of comments relative to this item Ms Hart reported that she and Mr McCabe presented the April 29 2010 draft of the proposed convenience store ordinance to AFMA members to solicit their feedback and said the Council was provided a memo outlining the members concerns (See Attachment 2)

Study Session June 17 2010 PageS

Mr McCabe explained that the AFMA which represents all food retailers in Arizona was concerned with reducing crime in its stores the safety of the employees and customers and had expended significant resources in order to do so

Responding to a series of questions from Councilmember Richins Ms Hart clarified that although the AFMA has not developed a Security Plan many of its smaller independent retailers have invested in various security measures She explained that the retailers might have cameras for instance but not the type with high resolution quality that would be required per the ordinance Ms Hart stated that to update such video camera systems including video storage would cost between $5000 and $10000 which many retailers could not afford

Councilmember Richins commented that he was aware of video camera systems that were less expensive than those quoted by Ms Hart and urged staff to proceed with the ordinance

Mayor Smith noted that he was surprised the AFMA did not have a formal security program in place and said that if it did it would not be necessary for the City to be involved in these discussions He also remarked that he was torn with regard to this matter because government regulates too much and said he would prefer that the City work with the AFMA and its members to implement appropriate security measures

Responding to a question from Mayor Smith Mr McCabe explained that the AFMA does not have a committee or program wherein membersnon-members could utilize the organizations buying power to install electronic security systems

Mayor Smith suggested that such a resource would be an attractive service that the organization could offer to its members and non-members in order to comply with the security element of the proposed ordinance

Mr McCabe further remarked that the AFMA did not believe it was necessary for the City to implement an ordinance that would impact all Mesa convenience stores and preferred to work with Chief Milstead the MPD and key stakeholders to focus on the top 10 stores to develop individual Security Plans

Mayor Smith restated that AFMA was requesting that the organization find a solution to address the Citys needs before an ordinance was implemented He stated that if the AFMA could fix the problem the ordinance would become a moot point

Councilmember Richins questioned the feasibility of the AFMA and the MPD focusing their efforts on the top 10 stores many of which have been resistant to change in the past

Mayor Smith voiced support for the implementation of the proposed CPTED guidelines as part of the design elements of any new convenience store or reuselremodel project in the City of Mesa

Ms Hart stated that the AFMA concurred with Mayor Smiths suggestions

Councilmember Kavanaugh reiterated that the Public Safety Committee recommended that CPTED principles be incorporated into the design process as part of the Zoning Code update but noted that it only applied to new stores He commented that the AFMAs approach to

Study Session June 17 2010 Page 7

implement a Security Plan concept similar to Tempes 1987 ordinance does not cut it today in terms of public resources Councilmember Kavanaugh added that the Committee and the MPD worked very hard to find a blend of a regulatory structure that serves the public and meets almost every objection that the AFMA has for its individual members to request a waiver

Council member Kavanaugh expressed support for staff moving ahead with the ordinance and said that the community cannot afford to continue devoting public resources in an area where crime prevention can make a safer environment for the workplace and a more successful business environment for the convenience store operators

Mayor Smith commented that he would feel more comfortable if the AFMA and its members focused their attention more on addressing the disproportionate amount of crime at convenience stores and less on the ordinance as being the problem

Rana Singh Sodhi an independent convenience store operator voiced concern regarding the increased costs that retailers would incur in order to maintain surveillance camera records for at least 30 calendar days He urged the Council to allow the retailers to work with the MPD to address the matter as opposed to implementing an ordinance that would penalize those stores who have few if any calls for service

Michael Rahls a liquor store operator stated that various elements of the proposed ordinance would impact his business including maintaining a clear unobstructed view through all windows assessing $250 to $500 fines per day if violations were not corrected and imposing registrationrenewal fees He also suggested that because many convenience store operators do not own the buildings in which their businesses are located perhaps the landlords should be involved in the process in order to respond to repairsnotices of violation

Councilmember Kavanaugh clarified that the Public Safety Committee previously agreed to eliminate any fee requirements and added that no fines would be imposed if a violation was corrected within 14 days

Additional discussion ensued relative to the fact that many of the convenience stores were voluntarily complying with some elements of the proposed ordinance but not all of them such as beer floor displays being secured between 200 am and 600 am daily that the waiver option would give the MPD more flexibility to work with smaller stores located in older buildings and that staff could create an individualized Security Plan so the business would be in compliance with the ordinance

Councilwoman Higgins recommended that the Council move forward with the proposed ordinance as long as the convenience store operator had the option to apply for a waiver

Mayor Smith acknowledged that he had not been as deeply involved in this issue as the Public Safety Committee He expressed concern however that the MPD identified the top 10 convenience stores that accounted for the most calls for service and yet proposed a Citywide ordinance that would apply to all similar businesses

Further discussion ensued relative to the fact that in 2007 the MPD conducted a crime prevention project and determined that theft was a significant Part 1 Crime with convenience stores being a high frequency generator that staff met with store owners to address the

Study Session June 17 2010 Page 8

problem and conducted CPTED evaluations that a particular convenience store chain was asked to implement certain crime prevention methods such as the netting of beer floor displays and the stores corporate headquarters refused to do so

Chief Milstead stated that if it were the direction of the Council that the MPD go back and work with the top 10 convenience stores to seek voluntary compliance staff would be happy to do so

Mayor Smith commented that he would have no problem with an ordinance that would impose a substantial fine if a store operator failed to implement specific crime prevention activities (ie securing beer floor displays between 200 am and 600 am)

Councilmember Kavanaugh concurred with Councilwoman Higgins suggestion of moving this issue forward He briefly summarized some of the key points solicited from the stakeholders today as follows 1) There should be a transition period for the convenience stores to come into compliance with the ordinance with six months being a reasonable length of time 2) The convenience store operators should be apprised that the registration fee was removed from the draft ordinance 3) Relative to maintaining the video recordings for at least 30 days an alternative option might be to maintain such data for 15 days and 4) The landlord of the building in which a convenience store is located should be involved in the process regarding repairs and notices of violation Councilmember Kavanaugh added that he hoped staff would prepare a draft ordinance and bring it back to the Council for further discussion and consideration

Mayor Smith stated that there appeared to be Council concurrence that staff move forward and prepare a draft convenience store ordinance He also urged that Ms Hart and Mr McCabe become involved in the process and added that certain convenience store retailers were not present today and appear to be unwilling to agree to voluntarily compliance

Vice Mayor Jones noted that the location and accessibility at certain times of alcohol must be addressed He also remarked that he was not supportive of the ordinance as currently written but would be willing to move it forward if it were modified to address many of the concerns expressed here today

Mayor Smith concurred with the comments of Vice Mayor Jones and said the matter should move forward since there has been such a long process to get to this point He noted however that he still had concerns with specific issues and preferred an ordinance that was not so broad based

Mayor Smith clarified that the Councils direction was for the MPD and the City Attorneys Office to prepare a draft convenience store ordinance He called for a vote

Carried unanimously

Mayor Smith further directed that staff solicit input from the stakeholders during the ordinance drafting process

Mayor Smith thanked everyone who participated in the extensive presentation and discussion

(Mayor Smith declared a short recess at 1050 am The Study Session resumed at 1057 am)

Study Session June 17 2010 Page 9

4 Acknowledge receipt of minutes of various boards and committees

Museum and Cultural Advisory Board meeting held May 12 2010

It was moved by Councilmember Somers seconded by Vice Mayor Jones that the above-listed minutes be acknowledged

Carried unanimously

5 Hear reports on meetings andor conferences attended

There were no reports on meetings andor conferences attended

6 Scheduling of meetings and general information

Deputy City Manager Jack Friedline stated that the meeting schedule is as follows

Thursday June 17 2010 Transportation amp Infrastructure Committee - Cancelled

Monday June 212010330 pm - Public Safety Committee

Monday June 212010 TBA - Study Session

Monday June 212010545 pm - Regular Council Meeting

Thursday June 24 2010 730 am - Study Session

Thursday July 1 2010 330 pm - Community amp Neighborhood Service Committee

Thursday July 12010 TBA - Study Session

Thursday July 12010545 pm - Regular Council Meeting

Tuesday and Wednesday July 2 and 3 2010 600 pm - Arizonas Celebration of Freedom

Tuesday July 62010400 pm -Audit amp Finance Committee

Thursday July 8 2010 TBA - Study Session

Thursday July 8 2010 545 pm - Regular Council Meeting

7 Items from citizens present

There were no items from citizens present

8 Convene an Executive Session

It was moved by Vice Mayor Jones seconded by Councilmember Somers that the Council adjourn the Study Session at 745 am and enter into an Executive Session

Study Session June 172010 Page 10

Mayor Smith declared the motion carried unanimously and an Executive Session was convened at 746 am

a Discussion or consultation with the City Attorney in order to consider the Citys position and instruct the City Attorney regarding the Citys position regarding contracts that are the subject of negotiations in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation (ARS sect38-43103A (4raquo Discussion or consultation with designated representatives of the City in order to consider the Citys position and instruct the Citys representatives regarding negotiations for the purchase sale or lease of real property (ARS sect38-43103A (7raquo

1 Fiesta District Police Substation 2 Larson v Mesa CV 2008-001010 3 Meet and Confer 4 Chicago Cubs Spring Training

9 Adjournment

Without objection the Study Session adjourned at 1115 am

SCOTT SMITH MAYOR

ATTEST

LINDA CROCKER CITY CLERK

I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Study Session of the City Council of Mesa Arizona held on the 17h day of June 2010 I further certify that the meeting was duly called and held and that a quorum was present

LINDA CROCKER CITY CLERK

pag (attachments - 3)

Study Session June 17 2010 Attachment 1

Page 1 of6

(~l bull~~

Crime Prevention Through Environmental Design (CPTED)

Convenience Store Ordinance

Presentation to City Council

June 17 2010

bullSeeking Direction

The Police Department is seeking direction from the City Council on

development of a new City ordinance governing convenience stores that would implement CPTED principles

1

Study Session June 17 2010 Attachment 1

Page 2of6

bullWhat is CPlED

A crime prevention philosophy based on the theory that proper design and effective use of the built environment can lead to a

reduction in crime

Background bull bull In June 2009 the Police Department gave a

presentation to the Public Safety Committee on a proposed CPTED ordinance and security plans

bull The Department met with key stakeholders

bull In March and May 2010 the department returned to the Public Safety Committee with refinements to the proposal

bull In MaYJ the Public Safety Committee recommended the proposal be b~ought to the full City Council for consideration

2

Study Session June 172010 Attachment 1

Page 3 of6

bullGoals To protect the health safety and welfare of the citizens of the City of Mesa by

bull Reducing crime and calls for service

bull Deterring crime through prevention

bull Increasing the successful prosecution of crime that occurs in convenience stores tn the city

bull Freeing up police resources

Statistics bullMESA CONVENIENCE STORES AT A GLANCE 2009

VCR THEFt$

I CFS PART 1 CRIMES

PART 1 ARRESTS

PART 2 ARRESTS

s_shylIFTS

OTHER THEFTS

I Citywide Totalgt I 3187elt1 18096 4 201117 4585 3330

I Tolalto shyConvenience Sto 81140 1747 184 476 15112 lt13

I Tolalf Top 10 110 576 76 134 546 Con~inc S~--

Percentage of Convennc 2_ 9 41 23 347 1_S Citywide

Pe~ofTop10

2~gt 183 IConvntCe $to to gt165 33_ 413 343 Total Convenncbullbullto

0 i prdna d $ubcltt tO Nnhcr f4w~d anMp---CFS ltitII COP TSISS call1~

- Othcr Ttl doa O[ ~tflvdt veJchr 8MI - CaeICuc Store dna i based 01 bull litlnI9~dcd br CriTIC PtClIlttion

I

3

Study Session June 17 2010 Attachment 1

Page 4 ot6

Proposal bull bull Require store registration

bull Annual

bull No registration fee

bull Display registration in stores

bull Penalties

bull Violations are civil offense

bull Warning for pt offense -- 14 days to correct

bull Fines of $250 - $500

(~l bull) pi Proposal

- Co

bull Police Department can inspect premises during business hours to ensure compliance

bull Surveillance cameras

bull Two color digital high resolution cameras inside the store

bull Two color or black and white digital high resolution cameras on the exterior of the building (parking lot andor gas pump area)

bull Maintain recorings for at least 30 calendar days

4

Study Session June 17 2010 Attachment 1

Page 50f6

Proposal bull Security

bull Provide-maintain-operate an alarm system

bull Silent panic or holdup alarm

bull Signage

bull Drop safe

bull Security signs and height markers

bull Maintain visibility - clear unobstructed view of cash register through all windows and public entrance doors

Proposal

bull Annual employee safety training

bull Trespass Enforcement Program participation - authorizes the police department to enforce all applicable trespass laws

bull Illumination of exterior entrances

bull Removal of graffiti within 48 hours

bull Beer coolers locked and beer floor displays secured 200 am to 600 am every day

5

Study Session June 17 2010 Attachment 1

Page 6 of6

Proposal bull bull Waiver option

bull Small stores in older buildings that may not be able to comply with the ordinance can apply to have a security plan in lieu of complying with elements of the ordinance

bull Stores in compliance but still experiencing high crime and excessive calls for service (beer runs robberies etc) could be requiredto comply with a security plan in addition to the ordinance

ouwn E

[sect6~ r~Ve Q

~ ~~Cgt Industry Concerns bull bull Stakeholders feel the new ordinance penalizes

all stores when the problem is limited to a very few

bull Stakeholders would like the City to pilot the new ordinance conducting an evaluation after an established time period to determine its effectiveness with the option of repealing the ordinance if it proves to be ineffective

6

Study Session June 17 2010

Law Of bees of Attachment 2

John K Mangum Pc Page 1 of 5

31B West Roosevelt Street Phoenix ArlZona 85003 (602) 252-5222 (602) 252-2508 (FAX)

To Chief Jo1m Meza

From Jo1m Mangum amp Trish Hart

Date June 102010

Re Mesa CPTED Ordinance

Cc Tim McCabe

o Urgent 0 For Review 0 Please Comment 0 Please Reply o Please Recycle

bull Comments

Based upon a complete review of the City ofMesa Proposed Convenience Store Ordinance Draft dated 4129110 the AFMA members asked us to present their issues and concerns with the draft The following list details those issues

Page 2

First paragraph line 6

Providing a penalty not to exceed $500 Based upon previous discussions on this issue we were told this language would be removed

Page 3

DEFINITIONS

Item 4middot Definition of Convenience Store

Our members are concerned that the definition as written does not apply to drug stores which also have late hours and sell the same type of products

Study Session June 17 2010 Attachment 2

Page 2 of 5

Page 4

AUTHORITY OF CHIEF

Will public hearings be held in connection with the drafting of the proposed rules for the CPTED ordinance Our clients would welcome the opportunity to be a part of those stakeholder meetings

Page 5

REGISTRATION REQUIRED FEES

b) Violation

Our clients are still extremely concerned about the fines structure As discussed In previous stakeholder meetings our clients believe a tiered fine structure would be a more appropriate manner in which to structure the fines associated with violations of the ordinance

c) Fee

Our clients would respectfully request this language taken out as it was agreed that there would not bea fee associated with this ordinance They believe if this language is kept in that a future council could add a fee at a later date We would also suggest that the City Attorney review ARS 9-50006 to determine if a fee would be allowed to be assessed

Page 9

SURVEILLANCE CAMERA SYSTEM VIDEO RECORDING AND STORAGE

1) Cameras

Our clients suggest the language should require cameras but not specifically detail in the language what type of picture must be produced They are concerned they could be found in violation for a pictureimage that does not specifically meet the standard as written In addition such a standard might preclude existing camera systems which wbuld result in the business owners having to purchase new equipment We believe the decision on what type of camera to purchase should be left to the store operator

bull Page 2

Study Session June 17 2010 Attachment 2

Page 3 of 5

Page 10

Subsection b) (3)

Change 30 days to either 2 weeks or 15 days

Our clients are concerned about the amount of video storage that stores would be required to have to store the required information The cost for storage is very expensive and will result in additional costs to the business owners In addition we would suggest that consideration be given to requiring the storage requirement to be limited to when an incident has occurred that required a police response

(4) Change 24 hours to1 week

Many store operators do not have the capability to make a copy of the required information without utilizing a third party provider to make the copy It can take 2-3 days to get a copy made to present to the Police We have also learned that only certain store employees have access to the digItal recordings so if that employee is out of town or away from the store a 24 hour timeframe would be a hardship on the store operator Our clients believe that one week would be a more appropriate timeframe

Page 11

STORE VISIBILITY

The small stores have significant issues with this section Many oOhe small stores are not configured in a way that would allow them to meet this requirement without significantly reducing their floor space or having to remodel the store If the store was forced to remodel in order to comply with these requirements it would be very costly especially to the small independent store operators

Page 11

EMPLOYEE SAFETY TRAINING TELEPHONE ACCESS

1) Training

Our clients have the following questions related to the training language

Does the training have to be annually Would it be possible to have an initial training and then a refresher course each year

bull Page 3

Study Session June 17 2010 Attachment 2

Page 4 of 5

Page 12

2) Requirement to be trained in a month

Most of the small stores do not have the ability to perform in store training For those stores that do not have in store training and plan to utilize the City of Mesa training will the City be available to train individuals on a monthly basis Perhaps the timeframe for training should be adjusted based upon the availbity of training

GENERAL SAFETY CONDITIONS

b) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

Page 13

(d) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

(e) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with installing locking mechanisms on the beer coolers

(f) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with netting beer displays and are not convinced that netting the beer displays will do much to reduce the beer runs

Other general concerns raised were

bull GrandfatheringCosts~ Our clients believe this ordinance should be applied in the Development Review Process If the ordinance is applied to new stores or is triggered when a store is remodeled the costs associated with complYIng could be built into the stores budget This ordinance will produce unplanned costs for stores that are already struggling in these tough economic times Our clients believe without grandfathering existing stores that the costs

bull Page4

Study Session June 17 2010 Attachment 2

Page 5 of 5

associated with compliance will be a significant burden to the store operators We are in the process of compiling an estimated cost per store for the implementation of the CPTED ordinance and we will provide you a copy as soon as it is available

bull Resources~ If our clients institutes all the practices in the ordinance will the City of Mesa allocate appropriate resources to respond for calls for service

bull Audit of Ordinance- Our clients would request that a review of the ordinance be completed within 1-2 years to evaluate the ordinance and determine if it is achieving the desired objectives If the ordinance is not meeting the objectives we would ask the City consider repealing the ordinance

We greatly appreciate your assistance with this issue and look forward to working together to find workable solutions If you have any questions please call Trish Hart or John Mangum at (602) 252-5222

bull Page 5

ouncil Study Session Study Session June 17 2010 Attachment 3

Page 1 of 8

~ -~ mesamiddotaz

Zoning Ordinance Update Progress Report

Public Comment Period

Presentation to

City Council Study Session

June 17 2010

~ -~ ~ Topical Public Workshops shy

Single Residence amp new RSL districtbull 412 Multiple Res amp General Landscapingbull 422 Commercial- Part 1 Retail amp Officebull 427 Commercial- Part 2 Transit Mixedbull 54 Use and Urban amp Parking Reqs

Industrial amp Telecomm Facilitiesbull 5113 Downtown and Infillbull 520

Single Residence RSLbull 52 5 Planned Area Developments amp

-Planned Community Districts

1

Council Study Session Study Session June 172010 Attachment 3

Page 2 of8

~=======-=----=======~

General Topic Public Workshops Superstition Community Room (CD-6) bull 61

bull 610 Fire Station 216 Community Room (CD-5)

Fire Station 206 Community Room (CD-2) bull 614 Fire Station 218 Community Room (CD-I) bull 615

Future Workshops bull June 29 Tuesday

Fire Station 202 Community Room (CD-4)

bull June 30 Wednesday La Casita Dobson Ranch (CD-3)

~ ~ BoardHearing Schedule bull Design Review Board

bull June 2 Recommendations Part 1

bull July 7 Recommendations - Part 2

bull Economic Development Advisory Board bull May 4 General OverviewChange Summary

bull Planning amp Zoning Board bull June 16 Public Hearing - Public Comments

bull July 21 Public Hearing Comments bull Prepare Revised Draft Zoning Ordinance bull August 18 Public Hearing - Recommendation

2

Council Study Session Study Session June 17 2010 Attachment 3

Page 30f8

Public Comments

Comments and Response

1 c Allow RV Parking in Single Residence Side Yards Longer than 30 Limit

R Allow 40 RVs on Lots Greater than 15000 sf keep at 30 for lots less than 15000 sf

2 C Allow Shallower Lots Depths in RS-6

R Adjust Min Lot Depth from 94 to 90

~ - __-

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Allowance of 40 RV in 15000 sf lot amp 30 RV in Lots less than 15000 sf

15000 sf Lot

-6000 sf Lot

RS-15 Lot House

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3

Council Study Session Study Session June 17 2010 Attachment 3

Page 4 of 8

Public Comments Comment and Response 3 C Allow Side Entry Garages to encroach into

Front Yard

R Present Options to PampZ Board and to City Council

4 C Reduce Options for Front or Rear Yard Encroachments - Too Dense R Leave as Proposed

5 C Encourage Underground Parking

R Density Bonus 7

Garage Placement in RS amp RSL

8

4

Council Study Session Study Session June 17 2010 Attachment 3

Page 5 of 8

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Council Study Session Study Session June 17 2010 Attachment 3

Page 6 of8

11

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12

6

Council Study Session Study Session June 172010 Attachment 3

Page 7 of 8

Public Comments Comments 6 C Raise Design Standards to Scottsdale Level

R Additional Design Standards Allowances for Sub-area Design Guidelines incorporated into Update

7 C Increase Open Space Requirements

R Mandatory Open Space reqs in Multiple Res and RSL districts

3

Public Comments Comments 8 C Regulate Portable Storage Containers rather

than Prohibit them (Existing exception allows during construction)

R Present Question to City Council

9 Several Comments from Homebuilders Association of Central Arizona (HBACA)

R Received HBACA Comments this morning Will study each one carefully and prepare a response by end of month

7

Council Study Session Study Session June 17 2010 Attachment 3

Page 8 of 8

Questions

PlanninglnfoMesaAzgov

wwwMesaAzgov

8

Page 2: COUNCIL MINUTES - Mesa, AZ

Study Session June 17 2010 Page 2

and 30 foot RVs on lots less than 15000 square feet Mr Sheffield also noted that it would be necessary for a vehicle to be screened behind the setback of a residence and referred to a diagram illustrating such a configuration (See Page 3 of Attachment 3)

Responding to a question from Councilmember Somers Mr Sheffield clarified that in the standard R 1-6 District residential lots are required to have one side yard that is least 10 feet wide He explained that if a subdivision were constructed in such a manner that the side yards at adjacent residences were next to each other then conceivably two RVs could be parked side by side

Councilmember Somers expressed concern that the above-referenced scenario could create a potential fire spread problem between two residences

Mr Sheffield advised in addition that staff received a request to allow shallower lot depths in the RS-6 District and stated that staff concurred and would adjust the minimum lot depth from 94 feet to 90 feet

Mr Sheffield further reported that the Homebuilders Association of Central Arizona (HBACA) requested that the City allow side entry garages to encroach into the front yard He explained that staff advised that they would present the proposal to the Council and the Planning amp Zoning (PampZ) Board for further input Mr Sheffield noted that PampZ expressed concern that such a proposal would create a different type of monotony architecturally He added that staff might work through various design criteria with the Board and bring back the matter to the Council for further discussion and consideration

Mr Sheffield also remarked that staff received feedback from Desert Uplands residents who disagreed with allowing encroachments for livable area in the front yard and suggested that it would create too much density He stated that it was the opinion of staff that such an option would address certain problems primarily in the central south and western portions of the City and added that staff intends to move forward with the proposal

Mr Sheffield reviewed a series of diagrams comparing front entry versus side entry garage placement in RS and RSL Districts (See Pages 4 5 and 6 of Attachment 3)

Discussion ensued relative to additional comments that staff received during the public review process that additional design standards and allowances for Sub-Area Design Guidelines have been incorporated into the Zoning Code update and that staff added mandatory open space requirements in Multiple Residence and the RSL Districts

Mr Sheffield indicated that Lehi residents made the suggestion that the City regulate portable storage containers rather than prohibit them He explained that the containers are not allowed on a permanent basis but said that an individual could apply for a Special Use Permit to use them on a temporary basis or during construction on a property Mr Sheffield added that staff advised the residents that they would conduct additional research with regard to this matter

Mr Sheffield also advised that yesterday staff received a series of comments from the HBACA copies of which were distributed to the Council He said that staff would review each item in detail and prepare a response by the end of the month

Study Session June 17 2010 Page 3

Mr Sheffield noted that Councilmember Finter presented a concern regarding small detached portable buildings located in a side yard and said that staff would consider options concerning this issue

Mayor Smith thanked Mr Sheffield for the update

3 Hear a presentation discuss and provide direction on a convenience store ordinance which incorporates principles of Crime Prevention through Environmental Design (CPTED)

(The Study Session reconvened at 901 am)

Assistant Police Chief John Meza displayed a PowerPoint presentation (See Attachment 1) and reported that the Mesa Police Department (MPD) was seeking direction from the Council regarding the development of a new City ordinance governing convenience stores that would implement Crime Prevention Through Environmental Design (CPTED) principles

Chief Meza offered a brief historical chronology of the MPDs efforts thus far regarding this matter (See Page 2 of Attachment 1) He stated that the goals of the ordinance are to protect the health safety and welfare of the citizens of Mesa by reducing the occurrence of crime and calls for service deterring crime through prevention increasing the successful prosecution of crime occurring in Mesa convenience stores and freeing up Police resources

Chief Meza also referred to a document entitled Mesa Convenience Stores at a Glance - 2009 and provided a brief statistical analysis of calis for service arrests and shoplifting incidents at those properties (See Page 3 of Attachment 1) He explained that out of an estimated 100 convenience stores in Mesa the MPD identified the top 10 stores that account for more than 46 of all calls for service

Responding to a question from Councilmember Richins Chief Meza clarified that the ordinance would apply to convenience stores located in buildings less than 7500 square feet but exclude retailers such as CVS or Walgreens that generally occupy spaces larger than 10000 square feet

Chief Meza further highlighted various elements of the proposed ordinance related to registration penalties and security (See Pages 4 and 5 of Attachment 1) He noted that staff also recommends the implementation of a waiver option which would allow small stores in older buildings that might not be able to comply with certain elements of the ordinance to apply for a Security Plan (Le a CPTED-based plan designed specifically for an individual store) Chief Meza added that convenience stores in compliance with the ordinance but still experiencing high crime and excessive calls for service could be required to comply with a Security Plan and the ordinance

Discussion ensued relative to the fact that the development of the convenience store ordinance has been a challenge for the MPD in terms of finding a balance between instituting appropriate CPTED principles and addressing stakeholders concerns such as the costs associated with the installation of surveillance cameras special lighting and the fact that the ordinance would interfere with their business operations

Study Session June 172010 Page 4

Councilmember Kavanaugh who serves as Chairman of the Public Safety Committee commented that over the last two years the Committee has worked with the MPD to identify areas of criminal activity that consume a significant amount of Police resources He stated that the current proposal as recommended by the Committee was modified on several occasions due to input from key stakeholders and is designed to minimize the risk of crime to employees and the public and also provide flexibility to smallernon-chain convenience stores

Councilmember Kavanaugh noted that the Committee further recommended that the Council consider a reasonable transition period for the convenience stores to come into compliance with the ordinance He added that he would anticipate the stakeholders would provide ongoing recommendations with regard to clarificationsimprovements to the ordinance

Further discussion ensued relative to the fact that the MPD initially considered implementing a Security Plan concept similar to Tempes ordinance which would have applied to only the top 10 convenience stores that many of the retailers opposed such a concept because it would single out their stores and their customers would take their business elsewhere and that the stakeholders were supportive of a proposal that would be equitable among all convenience stores

Mayor Smith questioned the fairness of the ordinance with respect to those convenience store operators who have had few or no calls for service and would be required to incur significant costs to implement various security measures that might not be warranted

Chief Meza responded that the larger corporations were supportive of the ordinance which would apply to all convenience stores and said that the independent retailers preferred the implementation of a Security Plan

Mayor Smith commented that Quik Trip develops one master Security Plan and said that the cost per unit of the Plan would decrease as it was replicated at its stores He noted however that for an independent retailer to implement a similar Plan might cost tens of thousands of dollars

Councilmember Richins stated that the major corporations were not the retailers generating the calls for service and clarified that it was more of a resource allocation issue He also remarked that there appeared to be sufficient flexibility built into the ordinance so that a majority of the convenience stores would be in compliance as soon as it went into effect

Chief Meza clarified that a majority of the problem stores were not the independent retailers

Responding to a series of questions from Mayor Smith Chief Meza explained that the convenience stores in the Central District and Dobson District have the highest number of calls for service He stated that this might be as a result of the location and design of the stores as well as management policiespractices

Councilmember Somers commented that many of the crimes at convenience stores are smash and grabs wherein an individual steals and consumes beer and is subsequently involved in a motor vehicle accident that impacts the community as a whole He expressed support for an ordinance that would be applied fairly to all retailers and help prevent a crime that occurs in one store being pushed down the road

Study Session June 172010 Page 5

Responding to a question from Mayor Smith Police Commander Kathleen Kirkham clarified that staff considered implementing an accelerated fine schedule that would apply to those convenience stores that exceed a certain number of calls for service She stated that the retailers responded that if such a proposal were implemented they would simply not call the MPD to report crimes which would be a public safety issue for the entire community

Councilwoman Higgins inquired whether the City could legally address the top 10 convenience stores that account for the greatest number of calls for service without having to implement an ordinance that would affect all Mesa convenience stores

City Attorney Debbie Spinner responded that it would be necessary for staff to ensure that the ordinance was non-discriminatory and whether criteria could be developed in that regard

Chief Meza advised that Councilwoman Higgins suggestion was similar to Tempes Security Plan which was the MPDs initial focus He stated that staff could go back to that process if it were the direction of the Council

Responding to a question from Councilmember Somers Chief Meza clarified that the MPD has not yet identified grant opportunities in order to assist smaller convenience store operators in funding necessary security upgrades

Additional discussion ensued relative to concerns expressed by convenience store retailers regarding the cost to upgrade their stores the security element of the ordinance that would require the stores to have a clear unobstructed view of the cash register through all windows and that many retailers have inventory that covers the front windows of their stores and that such an issue would be addressed by applying for a waiver option

Police Chief Frank Milstead addressed the Council and reported that his former employer the City of Phoenix stopped responding to calls for service at convenience stores related to the theft of alcohol or gasoline He reiterated that the MPD was attempting to respond to the calls in order to protect the public from such crimes which often leads to other activities such as motor vehicle collisions or congregation blight

Councilmember Finter remarked that the MPD has taken a very reasonable approach in addressing this matter including working with convenience store operators He also stated that he was open-minded relative to the direction this process would take

Councilwoman Higgins commented that since the MPD initially focused on a concept that would address the top 10 convenience stores she would support staff revisiting that issue

Mayor Smith advised that the Council generally does not allow public comment during a Study Session but stated that because this was such an important issue he would like to hear from the stakeholders who turned in speaker cards

Trish Hart and Tim McCabe representatives of the Arizona Food Marketing Alliance (AFMA) offered a series of comments relative to this item Ms Hart reported that she and Mr McCabe presented the April 29 2010 draft of the proposed convenience store ordinance to AFMA members to solicit their feedback and said the Council was provided a memo outlining the members concerns (See Attachment 2)

Study Session June 17 2010 PageS

Mr McCabe explained that the AFMA which represents all food retailers in Arizona was concerned with reducing crime in its stores the safety of the employees and customers and had expended significant resources in order to do so

Responding to a series of questions from Councilmember Richins Ms Hart clarified that although the AFMA has not developed a Security Plan many of its smaller independent retailers have invested in various security measures She explained that the retailers might have cameras for instance but not the type with high resolution quality that would be required per the ordinance Ms Hart stated that to update such video camera systems including video storage would cost between $5000 and $10000 which many retailers could not afford

Councilmember Richins commented that he was aware of video camera systems that were less expensive than those quoted by Ms Hart and urged staff to proceed with the ordinance

Mayor Smith noted that he was surprised the AFMA did not have a formal security program in place and said that if it did it would not be necessary for the City to be involved in these discussions He also remarked that he was torn with regard to this matter because government regulates too much and said he would prefer that the City work with the AFMA and its members to implement appropriate security measures

Responding to a question from Mayor Smith Mr McCabe explained that the AFMA does not have a committee or program wherein membersnon-members could utilize the organizations buying power to install electronic security systems

Mayor Smith suggested that such a resource would be an attractive service that the organization could offer to its members and non-members in order to comply with the security element of the proposed ordinance

Mr McCabe further remarked that the AFMA did not believe it was necessary for the City to implement an ordinance that would impact all Mesa convenience stores and preferred to work with Chief Milstead the MPD and key stakeholders to focus on the top 10 stores to develop individual Security Plans

Mayor Smith restated that AFMA was requesting that the organization find a solution to address the Citys needs before an ordinance was implemented He stated that if the AFMA could fix the problem the ordinance would become a moot point

Councilmember Richins questioned the feasibility of the AFMA and the MPD focusing their efforts on the top 10 stores many of which have been resistant to change in the past

Mayor Smith voiced support for the implementation of the proposed CPTED guidelines as part of the design elements of any new convenience store or reuselremodel project in the City of Mesa

Ms Hart stated that the AFMA concurred with Mayor Smiths suggestions

Councilmember Kavanaugh reiterated that the Public Safety Committee recommended that CPTED principles be incorporated into the design process as part of the Zoning Code update but noted that it only applied to new stores He commented that the AFMAs approach to

Study Session June 17 2010 Page 7

implement a Security Plan concept similar to Tempes 1987 ordinance does not cut it today in terms of public resources Councilmember Kavanaugh added that the Committee and the MPD worked very hard to find a blend of a regulatory structure that serves the public and meets almost every objection that the AFMA has for its individual members to request a waiver

Council member Kavanaugh expressed support for staff moving ahead with the ordinance and said that the community cannot afford to continue devoting public resources in an area where crime prevention can make a safer environment for the workplace and a more successful business environment for the convenience store operators

Mayor Smith commented that he would feel more comfortable if the AFMA and its members focused their attention more on addressing the disproportionate amount of crime at convenience stores and less on the ordinance as being the problem

Rana Singh Sodhi an independent convenience store operator voiced concern regarding the increased costs that retailers would incur in order to maintain surveillance camera records for at least 30 calendar days He urged the Council to allow the retailers to work with the MPD to address the matter as opposed to implementing an ordinance that would penalize those stores who have few if any calls for service

Michael Rahls a liquor store operator stated that various elements of the proposed ordinance would impact his business including maintaining a clear unobstructed view through all windows assessing $250 to $500 fines per day if violations were not corrected and imposing registrationrenewal fees He also suggested that because many convenience store operators do not own the buildings in which their businesses are located perhaps the landlords should be involved in the process in order to respond to repairsnotices of violation

Councilmember Kavanaugh clarified that the Public Safety Committee previously agreed to eliminate any fee requirements and added that no fines would be imposed if a violation was corrected within 14 days

Additional discussion ensued relative to the fact that many of the convenience stores were voluntarily complying with some elements of the proposed ordinance but not all of them such as beer floor displays being secured between 200 am and 600 am daily that the waiver option would give the MPD more flexibility to work with smaller stores located in older buildings and that staff could create an individualized Security Plan so the business would be in compliance with the ordinance

Councilwoman Higgins recommended that the Council move forward with the proposed ordinance as long as the convenience store operator had the option to apply for a waiver

Mayor Smith acknowledged that he had not been as deeply involved in this issue as the Public Safety Committee He expressed concern however that the MPD identified the top 10 convenience stores that accounted for the most calls for service and yet proposed a Citywide ordinance that would apply to all similar businesses

Further discussion ensued relative to the fact that in 2007 the MPD conducted a crime prevention project and determined that theft was a significant Part 1 Crime with convenience stores being a high frequency generator that staff met with store owners to address the

Study Session June 17 2010 Page 8

problem and conducted CPTED evaluations that a particular convenience store chain was asked to implement certain crime prevention methods such as the netting of beer floor displays and the stores corporate headquarters refused to do so

Chief Milstead stated that if it were the direction of the Council that the MPD go back and work with the top 10 convenience stores to seek voluntary compliance staff would be happy to do so

Mayor Smith commented that he would have no problem with an ordinance that would impose a substantial fine if a store operator failed to implement specific crime prevention activities (ie securing beer floor displays between 200 am and 600 am)

Councilmember Kavanaugh concurred with Councilwoman Higgins suggestion of moving this issue forward He briefly summarized some of the key points solicited from the stakeholders today as follows 1) There should be a transition period for the convenience stores to come into compliance with the ordinance with six months being a reasonable length of time 2) The convenience store operators should be apprised that the registration fee was removed from the draft ordinance 3) Relative to maintaining the video recordings for at least 30 days an alternative option might be to maintain such data for 15 days and 4) The landlord of the building in which a convenience store is located should be involved in the process regarding repairs and notices of violation Councilmember Kavanaugh added that he hoped staff would prepare a draft ordinance and bring it back to the Council for further discussion and consideration

Mayor Smith stated that there appeared to be Council concurrence that staff move forward and prepare a draft convenience store ordinance He also urged that Ms Hart and Mr McCabe become involved in the process and added that certain convenience store retailers were not present today and appear to be unwilling to agree to voluntarily compliance

Vice Mayor Jones noted that the location and accessibility at certain times of alcohol must be addressed He also remarked that he was not supportive of the ordinance as currently written but would be willing to move it forward if it were modified to address many of the concerns expressed here today

Mayor Smith concurred with the comments of Vice Mayor Jones and said the matter should move forward since there has been such a long process to get to this point He noted however that he still had concerns with specific issues and preferred an ordinance that was not so broad based

Mayor Smith clarified that the Councils direction was for the MPD and the City Attorneys Office to prepare a draft convenience store ordinance He called for a vote

Carried unanimously

Mayor Smith further directed that staff solicit input from the stakeholders during the ordinance drafting process

Mayor Smith thanked everyone who participated in the extensive presentation and discussion

(Mayor Smith declared a short recess at 1050 am The Study Session resumed at 1057 am)

Study Session June 17 2010 Page 9

4 Acknowledge receipt of minutes of various boards and committees

Museum and Cultural Advisory Board meeting held May 12 2010

It was moved by Councilmember Somers seconded by Vice Mayor Jones that the above-listed minutes be acknowledged

Carried unanimously

5 Hear reports on meetings andor conferences attended

There were no reports on meetings andor conferences attended

6 Scheduling of meetings and general information

Deputy City Manager Jack Friedline stated that the meeting schedule is as follows

Thursday June 17 2010 Transportation amp Infrastructure Committee - Cancelled

Monday June 212010330 pm - Public Safety Committee

Monday June 212010 TBA - Study Session

Monday June 212010545 pm - Regular Council Meeting

Thursday June 24 2010 730 am - Study Session

Thursday July 1 2010 330 pm - Community amp Neighborhood Service Committee

Thursday July 12010 TBA - Study Session

Thursday July 12010545 pm - Regular Council Meeting

Tuesday and Wednesday July 2 and 3 2010 600 pm - Arizonas Celebration of Freedom

Tuesday July 62010400 pm -Audit amp Finance Committee

Thursday July 8 2010 TBA - Study Session

Thursday July 8 2010 545 pm - Regular Council Meeting

7 Items from citizens present

There were no items from citizens present

8 Convene an Executive Session

It was moved by Vice Mayor Jones seconded by Councilmember Somers that the Council adjourn the Study Session at 745 am and enter into an Executive Session

Study Session June 172010 Page 10

Mayor Smith declared the motion carried unanimously and an Executive Session was convened at 746 am

a Discussion or consultation with the City Attorney in order to consider the Citys position and instruct the City Attorney regarding the Citys position regarding contracts that are the subject of negotiations in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation (ARS sect38-43103A (4raquo Discussion or consultation with designated representatives of the City in order to consider the Citys position and instruct the Citys representatives regarding negotiations for the purchase sale or lease of real property (ARS sect38-43103A (7raquo

1 Fiesta District Police Substation 2 Larson v Mesa CV 2008-001010 3 Meet and Confer 4 Chicago Cubs Spring Training

9 Adjournment

Without objection the Study Session adjourned at 1115 am

SCOTT SMITH MAYOR

ATTEST

LINDA CROCKER CITY CLERK

I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Study Session of the City Council of Mesa Arizona held on the 17h day of June 2010 I further certify that the meeting was duly called and held and that a quorum was present

LINDA CROCKER CITY CLERK

pag (attachments - 3)

Study Session June 17 2010 Attachment 1

Page 1 of6

(~l bull~~

Crime Prevention Through Environmental Design (CPTED)

Convenience Store Ordinance

Presentation to City Council

June 17 2010

bullSeeking Direction

The Police Department is seeking direction from the City Council on

development of a new City ordinance governing convenience stores that would implement CPTED principles

1

Study Session June 17 2010 Attachment 1

Page 2of6

bullWhat is CPlED

A crime prevention philosophy based on the theory that proper design and effective use of the built environment can lead to a

reduction in crime

Background bull bull In June 2009 the Police Department gave a

presentation to the Public Safety Committee on a proposed CPTED ordinance and security plans

bull The Department met with key stakeholders

bull In March and May 2010 the department returned to the Public Safety Committee with refinements to the proposal

bull In MaYJ the Public Safety Committee recommended the proposal be b~ought to the full City Council for consideration

2

Study Session June 172010 Attachment 1

Page 3 of6

bullGoals To protect the health safety and welfare of the citizens of the City of Mesa by

bull Reducing crime and calls for service

bull Deterring crime through prevention

bull Increasing the successful prosecution of crime that occurs in convenience stores tn the city

bull Freeing up police resources

Statistics bullMESA CONVENIENCE STORES AT A GLANCE 2009

VCR THEFt$

I CFS PART 1 CRIMES

PART 1 ARRESTS

PART 2 ARRESTS

s_shylIFTS

OTHER THEFTS

I Citywide Totalgt I 3187elt1 18096 4 201117 4585 3330

I Tolalto shyConvenience Sto 81140 1747 184 476 15112 lt13

I Tolalf Top 10 110 576 76 134 546 Con~inc S~--

Percentage of Convennc 2_ 9 41 23 347 1_S Citywide

Pe~ofTop10

2~gt 183 IConvntCe $to to gt165 33_ 413 343 Total Convenncbullbullto

0 i prdna d $ubcltt tO Nnhcr f4w~d anMp---CFS ltitII COP TSISS call1~

- Othcr Ttl doa O[ ~tflvdt veJchr 8MI - CaeICuc Store dna i based 01 bull litlnI9~dcd br CriTIC PtClIlttion

I

3

Study Session June 17 2010 Attachment 1

Page 4 ot6

Proposal bull bull Require store registration

bull Annual

bull No registration fee

bull Display registration in stores

bull Penalties

bull Violations are civil offense

bull Warning for pt offense -- 14 days to correct

bull Fines of $250 - $500

(~l bull) pi Proposal

- Co

bull Police Department can inspect premises during business hours to ensure compliance

bull Surveillance cameras

bull Two color digital high resolution cameras inside the store

bull Two color or black and white digital high resolution cameras on the exterior of the building (parking lot andor gas pump area)

bull Maintain recorings for at least 30 calendar days

4

Study Session June 17 2010 Attachment 1

Page 50f6

Proposal bull Security

bull Provide-maintain-operate an alarm system

bull Silent panic or holdup alarm

bull Signage

bull Drop safe

bull Security signs and height markers

bull Maintain visibility - clear unobstructed view of cash register through all windows and public entrance doors

Proposal

bull Annual employee safety training

bull Trespass Enforcement Program participation - authorizes the police department to enforce all applicable trespass laws

bull Illumination of exterior entrances

bull Removal of graffiti within 48 hours

bull Beer coolers locked and beer floor displays secured 200 am to 600 am every day

5

Study Session June 17 2010 Attachment 1

Page 6 of6

Proposal bull bull Waiver option

bull Small stores in older buildings that may not be able to comply with the ordinance can apply to have a security plan in lieu of complying with elements of the ordinance

bull Stores in compliance but still experiencing high crime and excessive calls for service (beer runs robberies etc) could be requiredto comply with a security plan in addition to the ordinance

ouwn E

[sect6~ r~Ve Q

~ ~~Cgt Industry Concerns bull bull Stakeholders feel the new ordinance penalizes

all stores when the problem is limited to a very few

bull Stakeholders would like the City to pilot the new ordinance conducting an evaluation after an established time period to determine its effectiveness with the option of repealing the ordinance if it proves to be ineffective

6

Study Session June 17 2010

Law Of bees of Attachment 2

John K Mangum Pc Page 1 of 5

31B West Roosevelt Street Phoenix ArlZona 85003 (602) 252-5222 (602) 252-2508 (FAX)

To Chief Jo1m Meza

From Jo1m Mangum amp Trish Hart

Date June 102010

Re Mesa CPTED Ordinance

Cc Tim McCabe

o Urgent 0 For Review 0 Please Comment 0 Please Reply o Please Recycle

bull Comments

Based upon a complete review of the City ofMesa Proposed Convenience Store Ordinance Draft dated 4129110 the AFMA members asked us to present their issues and concerns with the draft The following list details those issues

Page 2

First paragraph line 6

Providing a penalty not to exceed $500 Based upon previous discussions on this issue we were told this language would be removed

Page 3

DEFINITIONS

Item 4middot Definition of Convenience Store

Our members are concerned that the definition as written does not apply to drug stores which also have late hours and sell the same type of products

Study Session June 17 2010 Attachment 2

Page 2 of 5

Page 4

AUTHORITY OF CHIEF

Will public hearings be held in connection with the drafting of the proposed rules for the CPTED ordinance Our clients would welcome the opportunity to be a part of those stakeholder meetings

Page 5

REGISTRATION REQUIRED FEES

b) Violation

Our clients are still extremely concerned about the fines structure As discussed In previous stakeholder meetings our clients believe a tiered fine structure would be a more appropriate manner in which to structure the fines associated with violations of the ordinance

c) Fee

Our clients would respectfully request this language taken out as it was agreed that there would not bea fee associated with this ordinance They believe if this language is kept in that a future council could add a fee at a later date We would also suggest that the City Attorney review ARS 9-50006 to determine if a fee would be allowed to be assessed

Page 9

SURVEILLANCE CAMERA SYSTEM VIDEO RECORDING AND STORAGE

1) Cameras

Our clients suggest the language should require cameras but not specifically detail in the language what type of picture must be produced They are concerned they could be found in violation for a pictureimage that does not specifically meet the standard as written In addition such a standard might preclude existing camera systems which wbuld result in the business owners having to purchase new equipment We believe the decision on what type of camera to purchase should be left to the store operator

bull Page 2

Study Session June 17 2010 Attachment 2

Page 3 of 5

Page 10

Subsection b) (3)

Change 30 days to either 2 weeks or 15 days

Our clients are concerned about the amount of video storage that stores would be required to have to store the required information The cost for storage is very expensive and will result in additional costs to the business owners In addition we would suggest that consideration be given to requiring the storage requirement to be limited to when an incident has occurred that required a police response

(4) Change 24 hours to1 week

Many store operators do not have the capability to make a copy of the required information without utilizing a third party provider to make the copy It can take 2-3 days to get a copy made to present to the Police We have also learned that only certain store employees have access to the digItal recordings so if that employee is out of town or away from the store a 24 hour timeframe would be a hardship on the store operator Our clients believe that one week would be a more appropriate timeframe

Page 11

STORE VISIBILITY

The small stores have significant issues with this section Many oOhe small stores are not configured in a way that would allow them to meet this requirement without significantly reducing their floor space or having to remodel the store If the store was forced to remodel in order to comply with these requirements it would be very costly especially to the small independent store operators

Page 11

EMPLOYEE SAFETY TRAINING TELEPHONE ACCESS

1) Training

Our clients have the following questions related to the training language

Does the training have to be annually Would it be possible to have an initial training and then a refresher course each year

bull Page 3

Study Session June 17 2010 Attachment 2

Page 4 of 5

Page 12

2) Requirement to be trained in a month

Most of the small stores do not have the ability to perform in store training For those stores that do not have in store training and plan to utilize the City of Mesa training will the City be available to train individuals on a monthly basis Perhaps the timeframe for training should be adjusted based upon the availbity of training

GENERAL SAFETY CONDITIONS

b) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

Page 13

(d) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

(e) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with installing locking mechanisms on the beer coolers

(f) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with netting beer displays and are not convinced that netting the beer displays will do much to reduce the beer runs

Other general concerns raised were

bull GrandfatheringCosts~ Our clients believe this ordinance should be applied in the Development Review Process If the ordinance is applied to new stores or is triggered when a store is remodeled the costs associated with complYIng could be built into the stores budget This ordinance will produce unplanned costs for stores that are already struggling in these tough economic times Our clients believe without grandfathering existing stores that the costs

bull Page4

Study Session June 17 2010 Attachment 2

Page 5 of 5

associated with compliance will be a significant burden to the store operators We are in the process of compiling an estimated cost per store for the implementation of the CPTED ordinance and we will provide you a copy as soon as it is available

bull Resources~ If our clients institutes all the practices in the ordinance will the City of Mesa allocate appropriate resources to respond for calls for service

bull Audit of Ordinance- Our clients would request that a review of the ordinance be completed within 1-2 years to evaluate the ordinance and determine if it is achieving the desired objectives If the ordinance is not meeting the objectives we would ask the City consider repealing the ordinance

We greatly appreciate your assistance with this issue and look forward to working together to find workable solutions If you have any questions please call Trish Hart or John Mangum at (602) 252-5222

bull Page 5

ouncil Study Session Study Session June 17 2010 Attachment 3

Page 1 of 8

~ -~ mesamiddotaz

Zoning Ordinance Update Progress Report

Public Comment Period

Presentation to

City Council Study Session

June 17 2010

~ -~ ~ Topical Public Workshops shy

Single Residence amp new RSL districtbull 412 Multiple Res amp General Landscapingbull 422 Commercial- Part 1 Retail amp Officebull 427 Commercial- Part 2 Transit Mixedbull 54 Use and Urban amp Parking Reqs

Industrial amp Telecomm Facilitiesbull 5113 Downtown and Infillbull 520

Single Residence RSLbull 52 5 Planned Area Developments amp

-Planned Community Districts

1

Council Study Session Study Session June 172010 Attachment 3

Page 2 of8

~=======-=----=======~

General Topic Public Workshops Superstition Community Room (CD-6) bull 61

bull 610 Fire Station 216 Community Room (CD-5)

Fire Station 206 Community Room (CD-2) bull 614 Fire Station 218 Community Room (CD-I) bull 615

Future Workshops bull June 29 Tuesday

Fire Station 202 Community Room (CD-4)

bull June 30 Wednesday La Casita Dobson Ranch (CD-3)

~ ~ BoardHearing Schedule bull Design Review Board

bull June 2 Recommendations Part 1

bull July 7 Recommendations - Part 2

bull Economic Development Advisory Board bull May 4 General OverviewChange Summary

bull Planning amp Zoning Board bull June 16 Public Hearing - Public Comments

bull July 21 Public Hearing Comments bull Prepare Revised Draft Zoning Ordinance bull August 18 Public Hearing - Recommendation

2

Council Study Session Study Session June 17 2010 Attachment 3

Page 30f8

Public Comments

Comments and Response

1 c Allow RV Parking in Single Residence Side Yards Longer than 30 Limit

R Allow 40 RVs on Lots Greater than 15000 sf keep at 30 for lots less than 15000 sf

2 C Allow Shallower Lots Depths in RS-6

R Adjust Min Lot Depth from 94 to 90

~ - __-

V-shy~~

Allowance of 40 RV in 15000 sf lot amp 30 RV in Lots less than 15000 sf

15000 sf Lot

-6000 sf Lot

RS-15 Lot House

t-

HouseIJIJ ~ II AAl-

JIPorch

I A

3

Council Study Session Study Session June 17 2010 Attachment 3

Page 4 of 8

Public Comments Comment and Response 3 C Allow Side Entry Garages to encroach into

Front Yard

R Present Options to PampZ Board and to City Council

4 C Reduce Options for Front or Rear Yard Encroachments - Too Dense R Leave as Proposed

5 C Encourage Underground Parking

R Density Bonus 7

Garage Placement in RS amp RSL

8

4

Council Study Session Study Session June 17 2010 Attachment 3

Page 5 of 8

Frant Entry v Garamiddot e Encroachment------==-=-

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~~====--=---~= =-=---==ide Entry Garages-l(om Front

5

Council Study Session Study Session June 17 2010 Attachment 3

Page 6 of8

11

ide Entry Garagesfr6mFront

12

6

Council Study Session Study Session June 172010 Attachment 3

Page 7 of 8

Public Comments Comments 6 C Raise Design Standards to Scottsdale Level

R Additional Design Standards Allowances for Sub-area Design Guidelines incorporated into Update

7 C Increase Open Space Requirements

R Mandatory Open Space reqs in Multiple Res and RSL districts

3

Public Comments Comments 8 C Regulate Portable Storage Containers rather

than Prohibit them (Existing exception allows during construction)

R Present Question to City Council

9 Several Comments from Homebuilders Association of Central Arizona (HBACA)

R Received HBACA Comments this morning Will study each one carefully and prepare a response by end of month

7

Council Study Session Study Session June 17 2010 Attachment 3

Page 8 of 8

Questions

PlanninglnfoMesaAzgov

wwwMesaAzgov

8

Page 3: COUNCIL MINUTES - Mesa, AZ

Study Session June 17 2010 Page 3

Mr Sheffield noted that Councilmember Finter presented a concern regarding small detached portable buildings located in a side yard and said that staff would consider options concerning this issue

Mayor Smith thanked Mr Sheffield for the update

3 Hear a presentation discuss and provide direction on a convenience store ordinance which incorporates principles of Crime Prevention through Environmental Design (CPTED)

(The Study Session reconvened at 901 am)

Assistant Police Chief John Meza displayed a PowerPoint presentation (See Attachment 1) and reported that the Mesa Police Department (MPD) was seeking direction from the Council regarding the development of a new City ordinance governing convenience stores that would implement Crime Prevention Through Environmental Design (CPTED) principles

Chief Meza offered a brief historical chronology of the MPDs efforts thus far regarding this matter (See Page 2 of Attachment 1) He stated that the goals of the ordinance are to protect the health safety and welfare of the citizens of Mesa by reducing the occurrence of crime and calls for service deterring crime through prevention increasing the successful prosecution of crime occurring in Mesa convenience stores and freeing up Police resources

Chief Meza also referred to a document entitled Mesa Convenience Stores at a Glance - 2009 and provided a brief statistical analysis of calis for service arrests and shoplifting incidents at those properties (See Page 3 of Attachment 1) He explained that out of an estimated 100 convenience stores in Mesa the MPD identified the top 10 stores that account for more than 46 of all calls for service

Responding to a question from Councilmember Richins Chief Meza clarified that the ordinance would apply to convenience stores located in buildings less than 7500 square feet but exclude retailers such as CVS or Walgreens that generally occupy spaces larger than 10000 square feet

Chief Meza further highlighted various elements of the proposed ordinance related to registration penalties and security (See Pages 4 and 5 of Attachment 1) He noted that staff also recommends the implementation of a waiver option which would allow small stores in older buildings that might not be able to comply with certain elements of the ordinance to apply for a Security Plan (Le a CPTED-based plan designed specifically for an individual store) Chief Meza added that convenience stores in compliance with the ordinance but still experiencing high crime and excessive calls for service could be required to comply with a Security Plan and the ordinance

Discussion ensued relative to the fact that the development of the convenience store ordinance has been a challenge for the MPD in terms of finding a balance between instituting appropriate CPTED principles and addressing stakeholders concerns such as the costs associated with the installation of surveillance cameras special lighting and the fact that the ordinance would interfere with their business operations

Study Session June 172010 Page 4

Councilmember Kavanaugh who serves as Chairman of the Public Safety Committee commented that over the last two years the Committee has worked with the MPD to identify areas of criminal activity that consume a significant amount of Police resources He stated that the current proposal as recommended by the Committee was modified on several occasions due to input from key stakeholders and is designed to minimize the risk of crime to employees and the public and also provide flexibility to smallernon-chain convenience stores

Councilmember Kavanaugh noted that the Committee further recommended that the Council consider a reasonable transition period for the convenience stores to come into compliance with the ordinance He added that he would anticipate the stakeholders would provide ongoing recommendations with regard to clarificationsimprovements to the ordinance

Further discussion ensued relative to the fact that the MPD initially considered implementing a Security Plan concept similar to Tempes ordinance which would have applied to only the top 10 convenience stores that many of the retailers opposed such a concept because it would single out their stores and their customers would take their business elsewhere and that the stakeholders were supportive of a proposal that would be equitable among all convenience stores

Mayor Smith questioned the fairness of the ordinance with respect to those convenience store operators who have had few or no calls for service and would be required to incur significant costs to implement various security measures that might not be warranted

Chief Meza responded that the larger corporations were supportive of the ordinance which would apply to all convenience stores and said that the independent retailers preferred the implementation of a Security Plan

Mayor Smith commented that Quik Trip develops one master Security Plan and said that the cost per unit of the Plan would decrease as it was replicated at its stores He noted however that for an independent retailer to implement a similar Plan might cost tens of thousands of dollars

Councilmember Richins stated that the major corporations were not the retailers generating the calls for service and clarified that it was more of a resource allocation issue He also remarked that there appeared to be sufficient flexibility built into the ordinance so that a majority of the convenience stores would be in compliance as soon as it went into effect

Chief Meza clarified that a majority of the problem stores were not the independent retailers

Responding to a series of questions from Mayor Smith Chief Meza explained that the convenience stores in the Central District and Dobson District have the highest number of calls for service He stated that this might be as a result of the location and design of the stores as well as management policiespractices

Councilmember Somers commented that many of the crimes at convenience stores are smash and grabs wherein an individual steals and consumes beer and is subsequently involved in a motor vehicle accident that impacts the community as a whole He expressed support for an ordinance that would be applied fairly to all retailers and help prevent a crime that occurs in one store being pushed down the road

Study Session June 172010 Page 5

Responding to a question from Mayor Smith Police Commander Kathleen Kirkham clarified that staff considered implementing an accelerated fine schedule that would apply to those convenience stores that exceed a certain number of calls for service She stated that the retailers responded that if such a proposal were implemented they would simply not call the MPD to report crimes which would be a public safety issue for the entire community

Councilwoman Higgins inquired whether the City could legally address the top 10 convenience stores that account for the greatest number of calls for service without having to implement an ordinance that would affect all Mesa convenience stores

City Attorney Debbie Spinner responded that it would be necessary for staff to ensure that the ordinance was non-discriminatory and whether criteria could be developed in that regard

Chief Meza advised that Councilwoman Higgins suggestion was similar to Tempes Security Plan which was the MPDs initial focus He stated that staff could go back to that process if it were the direction of the Council

Responding to a question from Councilmember Somers Chief Meza clarified that the MPD has not yet identified grant opportunities in order to assist smaller convenience store operators in funding necessary security upgrades

Additional discussion ensued relative to concerns expressed by convenience store retailers regarding the cost to upgrade their stores the security element of the ordinance that would require the stores to have a clear unobstructed view of the cash register through all windows and that many retailers have inventory that covers the front windows of their stores and that such an issue would be addressed by applying for a waiver option

Police Chief Frank Milstead addressed the Council and reported that his former employer the City of Phoenix stopped responding to calls for service at convenience stores related to the theft of alcohol or gasoline He reiterated that the MPD was attempting to respond to the calls in order to protect the public from such crimes which often leads to other activities such as motor vehicle collisions or congregation blight

Councilmember Finter remarked that the MPD has taken a very reasonable approach in addressing this matter including working with convenience store operators He also stated that he was open-minded relative to the direction this process would take

Councilwoman Higgins commented that since the MPD initially focused on a concept that would address the top 10 convenience stores she would support staff revisiting that issue

Mayor Smith advised that the Council generally does not allow public comment during a Study Session but stated that because this was such an important issue he would like to hear from the stakeholders who turned in speaker cards

Trish Hart and Tim McCabe representatives of the Arizona Food Marketing Alliance (AFMA) offered a series of comments relative to this item Ms Hart reported that she and Mr McCabe presented the April 29 2010 draft of the proposed convenience store ordinance to AFMA members to solicit their feedback and said the Council was provided a memo outlining the members concerns (See Attachment 2)

Study Session June 17 2010 PageS

Mr McCabe explained that the AFMA which represents all food retailers in Arizona was concerned with reducing crime in its stores the safety of the employees and customers and had expended significant resources in order to do so

Responding to a series of questions from Councilmember Richins Ms Hart clarified that although the AFMA has not developed a Security Plan many of its smaller independent retailers have invested in various security measures She explained that the retailers might have cameras for instance but not the type with high resolution quality that would be required per the ordinance Ms Hart stated that to update such video camera systems including video storage would cost between $5000 and $10000 which many retailers could not afford

Councilmember Richins commented that he was aware of video camera systems that were less expensive than those quoted by Ms Hart and urged staff to proceed with the ordinance

Mayor Smith noted that he was surprised the AFMA did not have a formal security program in place and said that if it did it would not be necessary for the City to be involved in these discussions He also remarked that he was torn with regard to this matter because government regulates too much and said he would prefer that the City work with the AFMA and its members to implement appropriate security measures

Responding to a question from Mayor Smith Mr McCabe explained that the AFMA does not have a committee or program wherein membersnon-members could utilize the organizations buying power to install electronic security systems

Mayor Smith suggested that such a resource would be an attractive service that the organization could offer to its members and non-members in order to comply with the security element of the proposed ordinance

Mr McCabe further remarked that the AFMA did not believe it was necessary for the City to implement an ordinance that would impact all Mesa convenience stores and preferred to work with Chief Milstead the MPD and key stakeholders to focus on the top 10 stores to develop individual Security Plans

Mayor Smith restated that AFMA was requesting that the organization find a solution to address the Citys needs before an ordinance was implemented He stated that if the AFMA could fix the problem the ordinance would become a moot point

Councilmember Richins questioned the feasibility of the AFMA and the MPD focusing their efforts on the top 10 stores many of which have been resistant to change in the past

Mayor Smith voiced support for the implementation of the proposed CPTED guidelines as part of the design elements of any new convenience store or reuselremodel project in the City of Mesa

Ms Hart stated that the AFMA concurred with Mayor Smiths suggestions

Councilmember Kavanaugh reiterated that the Public Safety Committee recommended that CPTED principles be incorporated into the design process as part of the Zoning Code update but noted that it only applied to new stores He commented that the AFMAs approach to

Study Session June 17 2010 Page 7

implement a Security Plan concept similar to Tempes 1987 ordinance does not cut it today in terms of public resources Councilmember Kavanaugh added that the Committee and the MPD worked very hard to find a blend of a regulatory structure that serves the public and meets almost every objection that the AFMA has for its individual members to request a waiver

Council member Kavanaugh expressed support for staff moving ahead with the ordinance and said that the community cannot afford to continue devoting public resources in an area where crime prevention can make a safer environment for the workplace and a more successful business environment for the convenience store operators

Mayor Smith commented that he would feel more comfortable if the AFMA and its members focused their attention more on addressing the disproportionate amount of crime at convenience stores and less on the ordinance as being the problem

Rana Singh Sodhi an independent convenience store operator voiced concern regarding the increased costs that retailers would incur in order to maintain surveillance camera records for at least 30 calendar days He urged the Council to allow the retailers to work with the MPD to address the matter as opposed to implementing an ordinance that would penalize those stores who have few if any calls for service

Michael Rahls a liquor store operator stated that various elements of the proposed ordinance would impact his business including maintaining a clear unobstructed view through all windows assessing $250 to $500 fines per day if violations were not corrected and imposing registrationrenewal fees He also suggested that because many convenience store operators do not own the buildings in which their businesses are located perhaps the landlords should be involved in the process in order to respond to repairsnotices of violation

Councilmember Kavanaugh clarified that the Public Safety Committee previously agreed to eliminate any fee requirements and added that no fines would be imposed if a violation was corrected within 14 days

Additional discussion ensued relative to the fact that many of the convenience stores were voluntarily complying with some elements of the proposed ordinance but not all of them such as beer floor displays being secured between 200 am and 600 am daily that the waiver option would give the MPD more flexibility to work with smaller stores located in older buildings and that staff could create an individualized Security Plan so the business would be in compliance with the ordinance

Councilwoman Higgins recommended that the Council move forward with the proposed ordinance as long as the convenience store operator had the option to apply for a waiver

Mayor Smith acknowledged that he had not been as deeply involved in this issue as the Public Safety Committee He expressed concern however that the MPD identified the top 10 convenience stores that accounted for the most calls for service and yet proposed a Citywide ordinance that would apply to all similar businesses

Further discussion ensued relative to the fact that in 2007 the MPD conducted a crime prevention project and determined that theft was a significant Part 1 Crime with convenience stores being a high frequency generator that staff met with store owners to address the

Study Session June 17 2010 Page 8

problem and conducted CPTED evaluations that a particular convenience store chain was asked to implement certain crime prevention methods such as the netting of beer floor displays and the stores corporate headquarters refused to do so

Chief Milstead stated that if it were the direction of the Council that the MPD go back and work with the top 10 convenience stores to seek voluntary compliance staff would be happy to do so

Mayor Smith commented that he would have no problem with an ordinance that would impose a substantial fine if a store operator failed to implement specific crime prevention activities (ie securing beer floor displays between 200 am and 600 am)

Councilmember Kavanaugh concurred with Councilwoman Higgins suggestion of moving this issue forward He briefly summarized some of the key points solicited from the stakeholders today as follows 1) There should be a transition period for the convenience stores to come into compliance with the ordinance with six months being a reasonable length of time 2) The convenience store operators should be apprised that the registration fee was removed from the draft ordinance 3) Relative to maintaining the video recordings for at least 30 days an alternative option might be to maintain such data for 15 days and 4) The landlord of the building in which a convenience store is located should be involved in the process regarding repairs and notices of violation Councilmember Kavanaugh added that he hoped staff would prepare a draft ordinance and bring it back to the Council for further discussion and consideration

Mayor Smith stated that there appeared to be Council concurrence that staff move forward and prepare a draft convenience store ordinance He also urged that Ms Hart and Mr McCabe become involved in the process and added that certain convenience store retailers were not present today and appear to be unwilling to agree to voluntarily compliance

Vice Mayor Jones noted that the location and accessibility at certain times of alcohol must be addressed He also remarked that he was not supportive of the ordinance as currently written but would be willing to move it forward if it were modified to address many of the concerns expressed here today

Mayor Smith concurred with the comments of Vice Mayor Jones and said the matter should move forward since there has been such a long process to get to this point He noted however that he still had concerns with specific issues and preferred an ordinance that was not so broad based

Mayor Smith clarified that the Councils direction was for the MPD and the City Attorneys Office to prepare a draft convenience store ordinance He called for a vote

Carried unanimously

Mayor Smith further directed that staff solicit input from the stakeholders during the ordinance drafting process

Mayor Smith thanked everyone who participated in the extensive presentation and discussion

(Mayor Smith declared a short recess at 1050 am The Study Session resumed at 1057 am)

Study Session June 17 2010 Page 9

4 Acknowledge receipt of minutes of various boards and committees

Museum and Cultural Advisory Board meeting held May 12 2010

It was moved by Councilmember Somers seconded by Vice Mayor Jones that the above-listed minutes be acknowledged

Carried unanimously

5 Hear reports on meetings andor conferences attended

There were no reports on meetings andor conferences attended

6 Scheduling of meetings and general information

Deputy City Manager Jack Friedline stated that the meeting schedule is as follows

Thursday June 17 2010 Transportation amp Infrastructure Committee - Cancelled

Monday June 212010330 pm - Public Safety Committee

Monday June 212010 TBA - Study Session

Monday June 212010545 pm - Regular Council Meeting

Thursday June 24 2010 730 am - Study Session

Thursday July 1 2010 330 pm - Community amp Neighborhood Service Committee

Thursday July 12010 TBA - Study Session

Thursday July 12010545 pm - Regular Council Meeting

Tuesday and Wednesday July 2 and 3 2010 600 pm - Arizonas Celebration of Freedom

Tuesday July 62010400 pm -Audit amp Finance Committee

Thursday July 8 2010 TBA - Study Session

Thursday July 8 2010 545 pm - Regular Council Meeting

7 Items from citizens present

There were no items from citizens present

8 Convene an Executive Session

It was moved by Vice Mayor Jones seconded by Councilmember Somers that the Council adjourn the Study Session at 745 am and enter into an Executive Session

Study Session June 172010 Page 10

Mayor Smith declared the motion carried unanimously and an Executive Session was convened at 746 am

a Discussion or consultation with the City Attorney in order to consider the Citys position and instruct the City Attorney regarding the Citys position regarding contracts that are the subject of negotiations in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation (ARS sect38-43103A (4raquo Discussion or consultation with designated representatives of the City in order to consider the Citys position and instruct the Citys representatives regarding negotiations for the purchase sale or lease of real property (ARS sect38-43103A (7raquo

1 Fiesta District Police Substation 2 Larson v Mesa CV 2008-001010 3 Meet and Confer 4 Chicago Cubs Spring Training

9 Adjournment

Without objection the Study Session adjourned at 1115 am

SCOTT SMITH MAYOR

ATTEST

LINDA CROCKER CITY CLERK

I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Study Session of the City Council of Mesa Arizona held on the 17h day of June 2010 I further certify that the meeting was duly called and held and that a quorum was present

LINDA CROCKER CITY CLERK

pag (attachments - 3)

Study Session June 17 2010 Attachment 1

Page 1 of6

(~l bull~~

Crime Prevention Through Environmental Design (CPTED)

Convenience Store Ordinance

Presentation to City Council

June 17 2010

bullSeeking Direction

The Police Department is seeking direction from the City Council on

development of a new City ordinance governing convenience stores that would implement CPTED principles

1

Study Session June 17 2010 Attachment 1

Page 2of6

bullWhat is CPlED

A crime prevention philosophy based on the theory that proper design and effective use of the built environment can lead to a

reduction in crime

Background bull bull In June 2009 the Police Department gave a

presentation to the Public Safety Committee on a proposed CPTED ordinance and security plans

bull The Department met with key stakeholders

bull In March and May 2010 the department returned to the Public Safety Committee with refinements to the proposal

bull In MaYJ the Public Safety Committee recommended the proposal be b~ought to the full City Council for consideration

2

Study Session June 172010 Attachment 1

Page 3 of6

bullGoals To protect the health safety and welfare of the citizens of the City of Mesa by

bull Reducing crime and calls for service

bull Deterring crime through prevention

bull Increasing the successful prosecution of crime that occurs in convenience stores tn the city

bull Freeing up police resources

Statistics bullMESA CONVENIENCE STORES AT A GLANCE 2009

VCR THEFt$

I CFS PART 1 CRIMES

PART 1 ARRESTS

PART 2 ARRESTS

s_shylIFTS

OTHER THEFTS

I Citywide Totalgt I 3187elt1 18096 4 201117 4585 3330

I Tolalto shyConvenience Sto 81140 1747 184 476 15112 lt13

I Tolalf Top 10 110 576 76 134 546 Con~inc S~--

Percentage of Convennc 2_ 9 41 23 347 1_S Citywide

Pe~ofTop10

2~gt 183 IConvntCe $to to gt165 33_ 413 343 Total Convenncbullbullto

0 i prdna d $ubcltt tO Nnhcr f4w~d anMp---CFS ltitII COP TSISS call1~

- Othcr Ttl doa O[ ~tflvdt veJchr 8MI - CaeICuc Store dna i based 01 bull litlnI9~dcd br CriTIC PtClIlttion

I

3

Study Session June 17 2010 Attachment 1

Page 4 ot6

Proposal bull bull Require store registration

bull Annual

bull No registration fee

bull Display registration in stores

bull Penalties

bull Violations are civil offense

bull Warning for pt offense -- 14 days to correct

bull Fines of $250 - $500

(~l bull) pi Proposal

- Co

bull Police Department can inspect premises during business hours to ensure compliance

bull Surveillance cameras

bull Two color digital high resolution cameras inside the store

bull Two color or black and white digital high resolution cameras on the exterior of the building (parking lot andor gas pump area)

bull Maintain recorings for at least 30 calendar days

4

Study Session June 17 2010 Attachment 1

Page 50f6

Proposal bull Security

bull Provide-maintain-operate an alarm system

bull Silent panic or holdup alarm

bull Signage

bull Drop safe

bull Security signs and height markers

bull Maintain visibility - clear unobstructed view of cash register through all windows and public entrance doors

Proposal

bull Annual employee safety training

bull Trespass Enforcement Program participation - authorizes the police department to enforce all applicable trespass laws

bull Illumination of exterior entrances

bull Removal of graffiti within 48 hours

bull Beer coolers locked and beer floor displays secured 200 am to 600 am every day

5

Study Session June 17 2010 Attachment 1

Page 6 of6

Proposal bull bull Waiver option

bull Small stores in older buildings that may not be able to comply with the ordinance can apply to have a security plan in lieu of complying with elements of the ordinance

bull Stores in compliance but still experiencing high crime and excessive calls for service (beer runs robberies etc) could be requiredto comply with a security plan in addition to the ordinance

ouwn E

[sect6~ r~Ve Q

~ ~~Cgt Industry Concerns bull bull Stakeholders feel the new ordinance penalizes

all stores when the problem is limited to a very few

bull Stakeholders would like the City to pilot the new ordinance conducting an evaluation after an established time period to determine its effectiveness with the option of repealing the ordinance if it proves to be ineffective

6

Study Session June 17 2010

Law Of bees of Attachment 2

John K Mangum Pc Page 1 of 5

31B West Roosevelt Street Phoenix ArlZona 85003 (602) 252-5222 (602) 252-2508 (FAX)

To Chief Jo1m Meza

From Jo1m Mangum amp Trish Hart

Date June 102010

Re Mesa CPTED Ordinance

Cc Tim McCabe

o Urgent 0 For Review 0 Please Comment 0 Please Reply o Please Recycle

bull Comments

Based upon a complete review of the City ofMesa Proposed Convenience Store Ordinance Draft dated 4129110 the AFMA members asked us to present their issues and concerns with the draft The following list details those issues

Page 2

First paragraph line 6

Providing a penalty not to exceed $500 Based upon previous discussions on this issue we were told this language would be removed

Page 3

DEFINITIONS

Item 4middot Definition of Convenience Store

Our members are concerned that the definition as written does not apply to drug stores which also have late hours and sell the same type of products

Study Session June 17 2010 Attachment 2

Page 2 of 5

Page 4

AUTHORITY OF CHIEF

Will public hearings be held in connection with the drafting of the proposed rules for the CPTED ordinance Our clients would welcome the opportunity to be a part of those stakeholder meetings

Page 5

REGISTRATION REQUIRED FEES

b) Violation

Our clients are still extremely concerned about the fines structure As discussed In previous stakeholder meetings our clients believe a tiered fine structure would be a more appropriate manner in which to structure the fines associated with violations of the ordinance

c) Fee

Our clients would respectfully request this language taken out as it was agreed that there would not bea fee associated with this ordinance They believe if this language is kept in that a future council could add a fee at a later date We would also suggest that the City Attorney review ARS 9-50006 to determine if a fee would be allowed to be assessed

Page 9

SURVEILLANCE CAMERA SYSTEM VIDEO RECORDING AND STORAGE

1) Cameras

Our clients suggest the language should require cameras but not specifically detail in the language what type of picture must be produced They are concerned they could be found in violation for a pictureimage that does not specifically meet the standard as written In addition such a standard might preclude existing camera systems which wbuld result in the business owners having to purchase new equipment We believe the decision on what type of camera to purchase should be left to the store operator

bull Page 2

Study Session June 17 2010 Attachment 2

Page 3 of 5

Page 10

Subsection b) (3)

Change 30 days to either 2 weeks or 15 days

Our clients are concerned about the amount of video storage that stores would be required to have to store the required information The cost for storage is very expensive and will result in additional costs to the business owners In addition we would suggest that consideration be given to requiring the storage requirement to be limited to when an incident has occurred that required a police response

(4) Change 24 hours to1 week

Many store operators do not have the capability to make a copy of the required information without utilizing a third party provider to make the copy It can take 2-3 days to get a copy made to present to the Police We have also learned that only certain store employees have access to the digItal recordings so if that employee is out of town or away from the store a 24 hour timeframe would be a hardship on the store operator Our clients believe that one week would be a more appropriate timeframe

Page 11

STORE VISIBILITY

The small stores have significant issues with this section Many oOhe small stores are not configured in a way that would allow them to meet this requirement without significantly reducing their floor space or having to remodel the store If the store was forced to remodel in order to comply with these requirements it would be very costly especially to the small independent store operators

Page 11

EMPLOYEE SAFETY TRAINING TELEPHONE ACCESS

1) Training

Our clients have the following questions related to the training language

Does the training have to be annually Would it be possible to have an initial training and then a refresher course each year

bull Page 3

Study Session June 17 2010 Attachment 2

Page 4 of 5

Page 12

2) Requirement to be trained in a month

Most of the small stores do not have the ability to perform in store training For those stores that do not have in store training and plan to utilize the City of Mesa training will the City be available to train individuals on a monthly basis Perhaps the timeframe for training should be adjusted based upon the availbity of training

GENERAL SAFETY CONDITIONS

b) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

Page 13

(d) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

(e) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with installing locking mechanisms on the beer coolers

(f) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with netting beer displays and are not convinced that netting the beer displays will do much to reduce the beer runs

Other general concerns raised were

bull GrandfatheringCosts~ Our clients believe this ordinance should be applied in the Development Review Process If the ordinance is applied to new stores or is triggered when a store is remodeled the costs associated with complYIng could be built into the stores budget This ordinance will produce unplanned costs for stores that are already struggling in these tough economic times Our clients believe without grandfathering existing stores that the costs

bull Page4

Study Session June 17 2010 Attachment 2

Page 5 of 5

associated with compliance will be a significant burden to the store operators We are in the process of compiling an estimated cost per store for the implementation of the CPTED ordinance and we will provide you a copy as soon as it is available

bull Resources~ If our clients institutes all the practices in the ordinance will the City of Mesa allocate appropriate resources to respond for calls for service

bull Audit of Ordinance- Our clients would request that a review of the ordinance be completed within 1-2 years to evaluate the ordinance and determine if it is achieving the desired objectives If the ordinance is not meeting the objectives we would ask the City consider repealing the ordinance

We greatly appreciate your assistance with this issue and look forward to working together to find workable solutions If you have any questions please call Trish Hart or John Mangum at (602) 252-5222

bull Page 5

ouncil Study Session Study Session June 17 2010 Attachment 3

Page 1 of 8

~ -~ mesamiddotaz

Zoning Ordinance Update Progress Report

Public Comment Period

Presentation to

City Council Study Session

June 17 2010

~ -~ ~ Topical Public Workshops shy

Single Residence amp new RSL districtbull 412 Multiple Res amp General Landscapingbull 422 Commercial- Part 1 Retail amp Officebull 427 Commercial- Part 2 Transit Mixedbull 54 Use and Urban amp Parking Reqs

Industrial amp Telecomm Facilitiesbull 5113 Downtown and Infillbull 520

Single Residence RSLbull 52 5 Planned Area Developments amp

-Planned Community Districts

1

Council Study Session Study Session June 172010 Attachment 3

Page 2 of8

~=======-=----=======~

General Topic Public Workshops Superstition Community Room (CD-6) bull 61

bull 610 Fire Station 216 Community Room (CD-5)

Fire Station 206 Community Room (CD-2) bull 614 Fire Station 218 Community Room (CD-I) bull 615

Future Workshops bull June 29 Tuesday

Fire Station 202 Community Room (CD-4)

bull June 30 Wednesday La Casita Dobson Ranch (CD-3)

~ ~ BoardHearing Schedule bull Design Review Board

bull June 2 Recommendations Part 1

bull July 7 Recommendations - Part 2

bull Economic Development Advisory Board bull May 4 General OverviewChange Summary

bull Planning amp Zoning Board bull June 16 Public Hearing - Public Comments

bull July 21 Public Hearing Comments bull Prepare Revised Draft Zoning Ordinance bull August 18 Public Hearing - Recommendation

2

Council Study Session Study Session June 17 2010 Attachment 3

Page 30f8

Public Comments

Comments and Response

1 c Allow RV Parking in Single Residence Side Yards Longer than 30 Limit

R Allow 40 RVs on Lots Greater than 15000 sf keep at 30 for lots less than 15000 sf

2 C Allow Shallower Lots Depths in RS-6

R Adjust Min Lot Depth from 94 to 90

~ - __-

V-shy~~

Allowance of 40 RV in 15000 sf lot amp 30 RV in Lots less than 15000 sf

15000 sf Lot

-6000 sf Lot

RS-15 Lot House

t-

HouseIJIJ ~ II AAl-

JIPorch

I A

3

Council Study Session Study Session June 17 2010 Attachment 3

Page 4 of 8

Public Comments Comment and Response 3 C Allow Side Entry Garages to encroach into

Front Yard

R Present Options to PampZ Board and to City Council

4 C Reduce Options for Front or Rear Yard Encroachments - Too Dense R Leave as Proposed

5 C Encourage Underground Parking

R Density Bonus 7

Garage Placement in RS amp RSL

8

4

Council Study Session Study Session June 17 2010 Attachment 3

Page 5 of 8

Frant Entry v Garamiddot e Encroachment------==-=-

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ltJ) (Q rJ) e OJ u

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co ~ House ~ C

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9

~~====--=---~= =-=---==ide Entry Garages-l(om Front

5

Council Study Session Study Session June 17 2010 Attachment 3

Page 6 of8

11

ide Entry Garagesfr6mFront

12

6

Council Study Session Study Session June 172010 Attachment 3

Page 7 of 8

Public Comments Comments 6 C Raise Design Standards to Scottsdale Level

R Additional Design Standards Allowances for Sub-area Design Guidelines incorporated into Update

7 C Increase Open Space Requirements

R Mandatory Open Space reqs in Multiple Res and RSL districts

3

Public Comments Comments 8 C Regulate Portable Storage Containers rather

than Prohibit them (Existing exception allows during construction)

R Present Question to City Council

9 Several Comments from Homebuilders Association of Central Arizona (HBACA)

R Received HBACA Comments this morning Will study each one carefully and prepare a response by end of month

7

Council Study Session Study Session June 17 2010 Attachment 3

Page 8 of 8

Questions

PlanninglnfoMesaAzgov

wwwMesaAzgov

8

Page 4: COUNCIL MINUTES - Mesa, AZ

Study Session June 172010 Page 4

Councilmember Kavanaugh who serves as Chairman of the Public Safety Committee commented that over the last two years the Committee has worked with the MPD to identify areas of criminal activity that consume a significant amount of Police resources He stated that the current proposal as recommended by the Committee was modified on several occasions due to input from key stakeholders and is designed to minimize the risk of crime to employees and the public and also provide flexibility to smallernon-chain convenience stores

Councilmember Kavanaugh noted that the Committee further recommended that the Council consider a reasonable transition period for the convenience stores to come into compliance with the ordinance He added that he would anticipate the stakeholders would provide ongoing recommendations with regard to clarificationsimprovements to the ordinance

Further discussion ensued relative to the fact that the MPD initially considered implementing a Security Plan concept similar to Tempes ordinance which would have applied to only the top 10 convenience stores that many of the retailers opposed such a concept because it would single out their stores and their customers would take their business elsewhere and that the stakeholders were supportive of a proposal that would be equitable among all convenience stores

Mayor Smith questioned the fairness of the ordinance with respect to those convenience store operators who have had few or no calls for service and would be required to incur significant costs to implement various security measures that might not be warranted

Chief Meza responded that the larger corporations were supportive of the ordinance which would apply to all convenience stores and said that the independent retailers preferred the implementation of a Security Plan

Mayor Smith commented that Quik Trip develops one master Security Plan and said that the cost per unit of the Plan would decrease as it was replicated at its stores He noted however that for an independent retailer to implement a similar Plan might cost tens of thousands of dollars

Councilmember Richins stated that the major corporations were not the retailers generating the calls for service and clarified that it was more of a resource allocation issue He also remarked that there appeared to be sufficient flexibility built into the ordinance so that a majority of the convenience stores would be in compliance as soon as it went into effect

Chief Meza clarified that a majority of the problem stores were not the independent retailers

Responding to a series of questions from Mayor Smith Chief Meza explained that the convenience stores in the Central District and Dobson District have the highest number of calls for service He stated that this might be as a result of the location and design of the stores as well as management policiespractices

Councilmember Somers commented that many of the crimes at convenience stores are smash and grabs wherein an individual steals and consumes beer and is subsequently involved in a motor vehicle accident that impacts the community as a whole He expressed support for an ordinance that would be applied fairly to all retailers and help prevent a crime that occurs in one store being pushed down the road

Study Session June 172010 Page 5

Responding to a question from Mayor Smith Police Commander Kathleen Kirkham clarified that staff considered implementing an accelerated fine schedule that would apply to those convenience stores that exceed a certain number of calls for service She stated that the retailers responded that if such a proposal were implemented they would simply not call the MPD to report crimes which would be a public safety issue for the entire community

Councilwoman Higgins inquired whether the City could legally address the top 10 convenience stores that account for the greatest number of calls for service without having to implement an ordinance that would affect all Mesa convenience stores

City Attorney Debbie Spinner responded that it would be necessary for staff to ensure that the ordinance was non-discriminatory and whether criteria could be developed in that regard

Chief Meza advised that Councilwoman Higgins suggestion was similar to Tempes Security Plan which was the MPDs initial focus He stated that staff could go back to that process if it were the direction of the Council

Responding to a question from Councilmember Somers Chief Meza clarified that the MPD has not yet identified grant opportunities in order to assist smaller convenience store operators in funding necessary security upgrades

Additional discussion ensued relative to concerns expressed by convenience store retailers regarding the cost to upgrade their stores the security element of the ordinance that would require the stores to have a clear unobstructed view of the cash register through all windows and that many retailers have inventory that covers the front windows of their stores and that such an issue would be addressed by applying for a waiver option

Police Chief Frank Milstead addressed the Council and reported that his former employer the City of Phoenix stopped responding to calls for service at convenience stores related to the theft of alcohol or gasoline He reiterated that the MPD was attempting to respond to the calls in order to protect the public from such crimes which often leads to other activities such as motor vehicle collisions or congregation blight

Councilmember Finter remarked that the MPD has taken a very reasonable approach in addressing this matter including working with convenience store operators He also stated that he was open-minded relative to the direction this process would take

Councilwoman Higgins commented that since the MPD initially focused on a concept that would address the top 10 convenience stores she would support staff revisiting that issue

Mayor Smith advised that the Council generally does not allow public comment during a Study Session but stated that because this was such an important issue he would like to hear from the stakeholders who turned in speaker cards

Trish Hart and Tim McCabe representatives of the Arizona Food Marketing Alliance (AFMA) offered a series of comments relative to this item Ms Hart reported that she and Mr McCabe presented the April 29 2010 draft of the proposed convenience store ordinance to AFMA members to solicit their feedback and said the Council was provided a memo outlining the members concerns (See Attachment 2)

Study Session June 17 2010 PageS

Mr McCabe explained that the AFMA which represents all food retailers in Arizona was concerned with reducing crime in its stores the safety of the employees and customers and had expended significant resources in order to do so

Responding to a series of questions from Councilmember Richins Ms Hart clarified that although the AFMA has not developed a Security Plan many of its smaller independent retailers have invested in various security measures She explained that the retailers might have cameras for instance but not the type with high resolution quality that would be required per the ordinance Ms Hart stated that to update such video camera systems including video storage would cost between $5000 and $10000 which many retailers could not afford

Councilmember Richins commented that he was aware of video camera systems that were less expensive than those quoted by Ms Hart and urged staff to proceed with the ordinance

Mayor Smith noted that he was surprised the AFMA did not have a formal security program in place and said that if it did it would not be necessary for the City to be involved in these discussions He also remarked that he was torn with regard to this matter because government regulates too much and said he would prefer that the City work with the AFMA and its members to implement appropriate security measures

Responding to a question from Mayor Smith Mr McCabe explained that the AFMA does not have a committee or program wherein membersnon-members could utilize the organizations buying power to install electronic security systems

Mayor Smith suggested that such a resource would be an attractive service that the organization could offer to its members and non-members in order to comply with the security element of the proposed ordinance

Mr McCabe further remarked that the AFMA did not believe it was necessary for the City to implement an ordinance that would impact all Mesa convenience stores and preferred to work with Chief Milstead the MPD and key stakeholders to focus on the top 10 stores to develop individual Security Plans

Mayor Smith restated that AFMA was requesting that the organization find a solution to address the Citys needs before an ordinance was implemented He stated that if the AFMA could fix the problem the ordinance would become a moot point

Councilmember Richins questioned the feasibility of the AFMA and the MPD focusing their efforts on the top 10 stores many of which have been resistant to change in the past

Mayor Smith voiced support for the implementation of the proposed CPTED guidelines as part of the design elements of any new convenience store or reuselremodel project in the City of Mesa

Ms Hart stated that the AFMA concurred with Mayor Smiths suggestions

Councilmember Kavanaugh reiterated that the Public Safety Committee recommended that CPTED principles be incorporated into the design process as part of the Zoning Code update but noted that it only applied to new stores He commented that the AFMAs approach to

Study Session June 17 2010 Page 7

implement a Security Plan concept similar to Tempes 1987 ordinance does not cut it today in terms of public resources Councilmember Kavanaugh added that the Committee and the MPD worked very hard to find a blend of a regulatory structure that serves the public and meets almost every objection that the AFMA has for its individual members to request a waiver

Council member Kavanaugh expressed support for staff moving ahead with the ordinance and said that the community cannot afford to continue devoting public resources in an area where crime prevention can make a safer environment for the workplace and a more successful business environment for the convenience store operators

Mayor Smith commented that he would feel more comfortable if the AFMA and its members focused their attention more on addressing the disproportionate amount of crime at convenience stores and less on the ordinance as being the problem

Rana Singh Sodhi an independent convenience store operator voiced concern regarding the increased costs that retailers would incur in order to maintain surveillance camera records for at least 30 calendar days He urged the Council to allow the retailers to work with the MPD to address the matter as opposed to implementing an ordinance that would penalize those stores who have few if any calls for service

Michael Rahls a liquor store operator stated that various elements of the proposed ordinance would impact his business including maintaining a clear unobstructed view through all windows assessing $250 to $500 fines per day if violations were not corrected and imposing registrationrenewal fees He also suggested that because many convenience store operators do not own the buildings in which their businesses are located perhaps the landlords should be involved in the process in order to respond to repairsnotices of violation

Councilmember Kavanaugh clarified that the Public Safety Committee previously agreed to eliminate any fee requirements and added that no fines would be imposed if a violation was corrected within 14 days

Additional discussion ensued relative to the fact that many of the convenience stores were voluntarily complying with some elements of the proposed ordinance but not all of them such as beer floor displays being secured between 200 am and 600 am daily that the waiver option would give the MPD more flexibility to work with smaller stores located in older buildings and that staff could create an individualized Security Plan so the business would be in compliance with the ordinance

Councilwoman Higgins recommended that the Council move forward with the proposed ordinance as long as the convenience store operator had the option to apply for a waiver

Mayor Smith acknowledged that he had not been as deeply involved in this issue as the Public Safety Committee He expressed concern however that the MPD identified the top 10 convenience stores that accounted for the most calls for service and yet proposed a Citywide ordinance that would apply to all similar businesses

Further discussion ensued relative to the fact that in 2007 the MPD conducted a crime prevention project and determined that theft was a significant Part 1 Crime with convenience stores being a high frequency generator that staff met with store owners to address the

Study Session June 17 2010 Page 8

problem and conducted CPTED evaluations that a particular convenience store chain was asked to implement certain crime prevention methods such as the netting of beer floor displays and the stores corporate headquarters refused to do so

Chief Milstead stated that if it were the direction of the Council that the MPD go back and work with the top 10 convenience stores to seek voluntary compliance staff would be happy to do so

Mayor Smith commented that he would have no problem with an ordinance that would impose a substantial fine if a store operator failed to implement specific crime prevention activities (ie securing beer floor displays between 200 am and 600 am)

Councilmember Kavanaugh concurred with Councilwoman Higgins suggestion of moving this issue forward He briefly summarized some of the key points solicited from the stakeholders today as follows 1) There should be a transition period for the convenience stores to come into compliance with the ordinance with six months being a reasonable length of time 2) The convenience store operators should be apprised that the registration fee was removed from the draft ordinance 3) Relative to maintaining the video recordings for at least 30 days an alternative option might be to maintain such data for 15 days and 4) The landlord of the building in which a convenience store is located should be involved in the process regarding repairs and notices of violation Councilmember Kavanaugh added that he hoped staff would prepare a draft ordinance and bring it back to the Council for further discussion and consideration

Mayor Smith stated that there appeared to be Council concurrence that staff move forward and prepare a draft convenience store ordinance He also urged that Ms Hart and Mr McCabe become involved in the process and added that certain convenience store retailers were not present today and appear to be unwilling to agree to voluntarily compliance

Vice Mayor Jones noted that the location and accessibility at certain times of alcohol must be addressed He also remarked that he was not supportive of the ordinance as currently written but would be willing to move it forward if it were modified to address many of the concerns expressed here today

Mayor Smith concurred with the comments of Vice Mayor Jones and said the matter should move forward since there has been such a long process to get to this point He noted however that he still had concerns with specific issues and preferred an ordinance that was not so broad based

Mayor Smith clarified that the Councils direction was for the MPD and the City Attorneys Office to prepare a draft convenience store ordinance He called for a vote

Carried unanimously

Mayor Smith further directed that staff solicit input from the stakeholders during the ordinance drafting process

Mayor Smith thanked everyone who participated in the extensive presentation and discussion

(Mayor Smith declared a short recess at 1050 am The Study Session resumed at 1057 am)

Study Session June 17 2010 Page 9

4 Acknowledge receipt of minutes of various boards and committees

Museum and Cultural Advisory Board meeting held May 12 2010

It was moved by Councilmember Somers seconded by Vice Mayor Jones that the above-listed minutes be acknowledged

Carried unanimously

5 Hear reports on meetings andor conferences attended

There were no reports on meetings andor conferences attended

6 Scheduling of meetings and general information

Deputy City Manager Jack Friedline stated that the meeting schedule is as follows

Thursday June 17 2010 Transportation amp Infrastructure Committee - Cancelled

Monday June 212010330 pm - Public Safety Committee

Monday June 212010 TBA - Study Session

Monday June 212010545 pm - Regular Council Meeting

Thursday June 24 2010 730 am - Study Session

Thursday July 1 2010 330 pm - Community amp Neighborhood Service Committee

Thursday July 12010 TBA - Study Session

Thursday July 12010545 pm - Regular Council Meeting

Tuesday and Wednesday July 2 and 3 2010 600 pm - Arizonas Celebration of Freedom

Tuesday July 62010400 pm -Audit amp Finance Committee

Thursday July 8 2010 TBA - Study Session

Thursday July 8 2010 545 pm - Regular Council Meeting

7 Items from citizens present

There were no items from citizens present

8 Convene an Executive Session

It was moved by Vice Mayor Jones seconded by Councilmember Somers that the Council adjourn the Study Session at 745 am and enter into an Executive Session

Study Session June 172010 Page 10

Mayor Smith declared the motion carried unanimously and an Executive Session was convened at 746 am

a Discussion or consultation with the City Attorney in order to consider the Citys position and instruct the City Attorney regarding the Citys position regarding contracts that are the subject of negotiations in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation (ARS sect38-43103A (4raquo Discussion or consultation with designated representatives of the City in order to consider the Citys position and instruct the Citys representatives regarding negotiations for the purchase sale or lease of real property (ARS sect38-43103A (7raquo

1 Fiesta District Police Substation 2 Larson v Mesa CV 2008-001010 3 Meet and Confer 4 Chicago Cubs Spring Training

9 Adjournment

Without objection the Study Session adjourned at 1115 am

SCOTT SMITH MAYOR

ATTEST

LINDA CROCKER CITY CLERK

I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Study Session of the City Council of Mesa Arizona held on the 17h day of June 2010 I further certify that the meeting was duly called and held and that a quorum was present

LINDA CROCKER CITY CLERK

pag (attachments - 3)

Study Session June 17 2010 Attachment 1

Page 1 of6

(~l bull~~

Crime Prevention Through Environmental Design (CPTED)

Convenience Store Ordinance

Presentation to City Council

June 17 2010

bullSeeking Direction

The Police Department is seeking direction from the City Council on

development of a new City ordinance governing convenience stores that would implement CPTED principles

1

Study Session June 17 2010 Attachment 1

Page 2of6

bullWhat is CPlED

A crime prevention philosophy based on the theory that proper design and effective use of the built environment can lead to a

reduction in crime

Background bull bull In June 2009 the Police Department gave a

presentation to the Public Safety Committee on a proposed CPTED ordinance and security plans

bull The Department met with key stakeholders

bull In March and May 2010 the department returned to the Public Safety Committee with refinements to the proposal

bull In MaYJ the Public Safety Committee recommended the proposal be b~ought to the full City Council for consideration

2

Study Session June 172010 Attachment 1

Page 3 of6

bullGoals To protect the health safety and welfare of the citizens of the City of Mesa by

bull Reducing crime and calls for service

bull Deterring crime through prevention

bull Increasing the successful prosecution of crime that occurs in convenience stores tn the city

bull Freeing up police resources

Statistics bullMESA CONVENIENCE STORES AT A GLANCE 2009

VCR THEFt$

I CFS PART 1 CRIMES

PART 1 ARRESTS

PART 2 ARRESTS

s_shylIFTS

OTHER THEFTS

I Citywide Totalgt I 3187elt1 18096 4 201117 4585 3330

I Tolalto shyConvenience Sto 81140 1747 184 476 15112 lt13

I Tolalf Top 10 110 576 76 134 546 Con~inc S~--

Percentage of Convennc 2_ 9 41 23 347 1_S Citywide

Pe~ofTop10

2~gt 183 IConvntCe $to to gt165 33_ 413 343 Total Convenncbullbullto

0 i prdna d $ubcltt tO Nnhcr f4w~d anMp---CFS ltitII COP TSISS call1~

- Othcr Ttl doa O[ ~tflvdt veJchr 8MI - CaeICuc Store dna i based 01 bull litlnI9~dcd br CriTIC PtClIlttion

I

3

Study Session June 17 2010 Attachment 1

Page 4 ot6

Proposal bull bull Require store registration

bull Annual

bull No registration fee

bull Display registration in stores

bull Penalties

bull Violations are civil offense

bull Warning for pt offense -- 14 days to correct

bull Fines of $250 - $500

(~l bull) pi Proposal

- Co

bull Police Department can inspect premises during business hours to ensure compliance

bull Surveillance cameras

bull Two color digital high resolution cameras inside the store

bull Two color or black and white digital high resolution cameras on the exterior of the building (parking lot andor gas pump area)

bull Maintain recorings for at least 30 calendar days

4

Study Session June 17 2010 Attachment 1

Page 50f6

Proposal bull Security

bull Provide-maintain-operate an alarm system

bull Silent panic or holdup alarm

bull Signage

bull Drop safe

bull Security signs and height markers

bull Maintain visibility - clear unobstructed view of cash register through all windows and public entrance doors

Proposal

bull Annual employee safety training

bull Trespass Enforcement Program participation - authorizes the police department to enforce all applicable trespass laws

bull Illumination of exterior entrances

bull Removal of graffiti within 48 hours

bull Beer coolers locked and beer floor displays secured 200 am to 600 am every day

5

Study Session June 17 2010 Attachment 1

Page 6 of6

Proposal bull bull Waiver option

bull Small stores in older buildings that may not be able to comply with the ordinance can apply to have a security plan in lieu of complying with elements of the ordinance

bull Stores in compliance but still experiencing high crime and excessive calls for service (beer runs robberies etc) could be requiredto comply with a security plan in addition to the ordinance

ouwn E

[sect6~ r~Ve Q

~ ~~Cgt Industry Concerns bull bull Stakeholders feel the new ordinance penalizes

all stores when the problem is limited to a very few

bull Stakeholders would like the City to pilot the new ordinance conducting an evaluation after an established time period to determine its effectiveness with the option of repealing the ordinance if it proves to be ineffective

6

Study Session June 17 2010

Law Of bees of Attachment 2

John K Mangum Pc Page 1 of 5

31B West Roosevelt Street Phoenix ArlZona 85003 (602) 252-5222 (602) 252-2508 (FAX)

To Chief Jo1m Meza

From Jo1m Mangum amp Trish Hart

Date June 102010

Re Mesa CPTED Ordinance

Cc Tim McCabe

o Urgent 0 For Review 0 Please Comment 0 Please Reply o Please Recycle

bull Comments

Based upon a complete review of the City ofMesa Proposed Convenience Store Ordinance Draft dated 4129110 the AFMA members asked us to present their issues and concerns with the draft The following list details those issues

Page 2

First paragraph line 6

Providing a penalty not to exceed $500 Based upon previous discussions on this issue we were told this language would be removed

Page 3

DEFINITIONS

Item 4middot Definition of Convenience Store

Our members are concerned that the definition as written does not apply to drug stores which also have late hours and sell the same type of products

Study Session June 17 2010 Attachment 2

Page 2 of 5

Page 4

AUTHORITY OF CHIEF

Will public hearings be held in connection with the drafting of the proposed rules for the CPTED ordinance Our clients would welcome the opportunity to be a part of those stakeholder meetings

Page 5

REGISTRATION REQUIRED FEES

b) Violation

Our clients are still extremely concerned about the fines structure As discussed In previous stakeholder meetings our clients believe a tiered fine structure would be a more appropriate manner in which to structure the fines associated with violations of the ordinance

c) Fee

Our clients would respectfully request this language taken out as it was agreed that there would not bea fee associated with this ordinance They believe if this language is kept in that a future council could add a fee at a later date We would also suggest that the City Attorney review ARS 9-50006 to determine if a fee would be allowed to be assessed

Page 9

SURVEILLANCE CAMERA SYSTEM VIDEO RECORDING AND STORAGE

1) Cameras

Our clients suggest the language should require cameras but not specifically detail in the language what type of picture must be produced They are concerned they could be found in violation for a pictureimage that does not specifically meet the standard as written In addition such a standard might preclude existing camera systems which wbuld result in the business owners having to purchase new equipment We believe the decision on what type of camera to purchase should be left to the store operator

bull Page 2

Study Session June 17 2010 Attachment 2

Page 3 of 5

Page 10

Subsection b) (3)

Change 30 days to either 2 weeks or 15 days

Our clients are concerned about the amount of video storage that stores would be required to have to store the required information The cost for storage is very expensive and will result in additional costs to the business owners In addition we would suggest that consideration be given to requiring the storage requirement to be limited to when an incident has occurred that required a police response

(4) Change 24 hours to1 week

Many store operators do not have the capability to make a copy of the required information without utilizing a third party provider to make the copy It can take 2-3 days to get a copy made to present to the Police We have also learned that only certain store employees have access to the digItal recordings so if that employee is out of town or away from the store a 24 hour timeframe would be a hardship on the store operator Our clients believe that one week would be a more appropriate timeframe

Page 11

STORE VISIBILITY

The small stores have significant issues with this section Many oOhe small stores are not configured in a way that would allow them to meet this requirement without significantly reducing their floor space or having to remodel the store If the store was forced to remodel in order to comply with these requirements it would be very costly especially to the small independent store operators

Page 11

EMPLOYEE SAFETY TRAINING TELEPHONE ACCESS

1) Training

Our clients have the following questions related to the training language

Does the training have to be annually Would it be possible to have an initial training and then a refresher course each year

bull Page 3

Study Session June 17 2010 Attachment 2

Page 4 of 5

Page 12

2) Requirement to be trained in a month

Most of the small stores do not have the ability to perform in store training For those stores that do not have in store training and plan to utilize the City of Mesa training will the City be available to train individuals on a monthly basis Perhaps the timeframe for training should be adjusted based upon the availbity of training

GENERAL SAFETY CONDITIONS

b) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

Page 13

(d) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

(e) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with installing locking mechanisms on the beer coolers

(f) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with netting beer displays and are not convinced that netting the beer displays will do much to reduce the beer runs

Other general concerns raised were

bull GrandfatheringCosts~ Our clients believe this ordinance should be applied in the Development Review Process If the ordinance is applied to new stores or is triggered when a store is remodeled the costs associated with complYIng could be built into the stores budget This ordinance will produce unplanned costs for stores that are already struggling in these tough economic times Our clients believe without grandfathering existing stores that the costs

bull Page4

Study Session June 17 2010 Attachment 2

Page 5 of 5

associated with compliance will be a significant burden to the store operators We are in the process of compiling an estimated cost per store for the implementation of the CPTED ordinance and we will provide you a copy as soon as it is available

bull Resources~ If our clients institutes all the practices in the ordinance will the City of Mesa allocate appropriate resources to respond for calls for service

bull Audit of Ordinance- Our clients would request that a review of the ordinance be completed within 1-2 years to evaluate the ordinance and determine if it is achieving the desired objectives If the ordinance is not meeting the objectives we would ask the City consider repealing the ordinance

We greatly appreciate your assistance with this issue and look forward to working together to find workable solutions If you have any questions please call Trish Hart or John Mangum at (602) 252-5222

bull Page 5

ouncil Study Session Study Session June 17 2010 Attachment 3

Page 1 of 8

~ -~ mesamiddotaz

Zoning Ordinance Update Progress Report

Public Comment Period

Presentation to

City Council Study Session

June 17 2010

~ -~ ~ Topical Public Workshops shy

Single Residence amp new RSL districtbull 412 Multiple Res amp General Landscapingbull 422 Commercial- Part 1 Retail amp Officebull 427 Commercial- Part 2 Transit Mixedbull 54 Use and Urban amp Parking Reqs

Industrial amp Telecomm Facilitiesbull 5113 Downtown and Infillbull 520

Single Residence RSLbull 52 5 Planned Area Developments amp

-Planned Community Districts

1

Council Study Session Study Session June 172010 Attachment 3

Page 2 of8

~=======-=----=======~

General Topic Public Workshops Superstition Community Room (CD-6) bull 61

bull 610 Fire Station 216 Community Room (CD-5)

Fire Station 206 Community Room (CD-2) bull 614 Fire Station 218 Community Room (CD-I) bull 615

Future Workshops bull June 29 Tuesday

Fire Station 202 Community Room (CD-4)

bull June 30 Wednesday La Casita Dobson Ranch (CD-3)

~ ~ BoardHearing Schedule bull Design Review Board

bull June 2 Recommendations Part 1

bull July 7 Recommendations - Part 2

bull Economic Development Advisory Board bull May 4 General OverviewChange Summary

bull Planning amp Zoning Board bull June 16 Public Hearing - Public Comments

bull July 21 Public Hearing Comments bull Prepare Revised Draft Zoning Ordinance bull August 18 Public Hearing - Recommendation

2

Council Study Session Study Session June 17 2010 Attachment 3

Page 30f8

Public Comments

Comments and Response

1 c Allow RV Parking in Single Residence Side Yards Longer than 30 Limit

R Allow 40 RVs on Lots Greater than 15000 sf keep at 30 for lots less than 15000 sf

2 C Allow Shallower Lots Depths in RS-6

R Adjust Min Lot Depth from 94 to 90

~ - __-

V-shy~~

Allowance of 40 RV in 15000 sf lot amp 30 RV in Lots less than 15000 sf

15000 sf Lot

-6000 sf Lot

RS-15 Lot House

t-

HouseIJIJ ~ II AAl-

JIPorch

I A

3

Council Study Session Study Session June 17 2010 Attachment 3

Page 4 of 8

Public Comments Comment and Response 3 C Allow Side Entry Garages to encroach into

Front Yard

R Present Options to PampZ Board and to City Council

4 C Reduce Options for Front or Rear Yard Encroachments - Too Dense R Leave as Proposed

5 C Encourage Underground Parking

R Density Bonus 7

Garage Placement in RS amp RSL

8

4

Council Study Session Study Session June 17 2010 Attachment 3

Page 5 of 8

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Council Study Session Study Session June 17 2010 Attachment 3

Page 6 of8

11

ide Entry Garagesfr6mFront

12

6

Council Study Session Study Session June 172010 Attachment 3

Page 7 of 8

Public Comments Comments 6 C Raise Design Standards to Scottsdale Level

R Additional Design Standards Allowances for Sub-area Design Guidelines incorporated into Update

7 C Increase Open Space Requirements

R Mandatory Open Space reqs in Multiple Res and RSL districts

3

Public Comments Comments 8 C Regulate Portable Storage Containers rather

than Prohibit them (Existing exception allows during construction)

R Present Question to City Council

9 Several Comments from Homebuilders Association of Central Arizona (HBACA)

R Received HBACA Comments this morning Will study each one carefully and prepare a response by end of month

7

Council Study Session Study Session June 17 2010 Attachment 3

Page 8 of 8

Questions

PlanninglnfoMesaAzgov

wwwMesaAzgov

8

Page 5: COUNCIL MINUTES - Mesa, AZ

Study Session June 172010 Page 5

Responding to a question from Mayor Smith Police Commander Kathleen Kirkham clarified that staff considered implementing an accelerated fine schedule that would apply to those convenience stores that exceed a certain number of calls for service She stated that the retailers responded that if such a proposal were implemented they would simply not call the MPD to report crimes which would be a public safety issue for the entire community

Councilwoman Higgins inquired whether the City could legally address the top 10 convenience stores that account for the greatest number of calls for service without having to implement an ordinance that would affect all Mesa convenience stores

City Attorney Debbie Spinner responded that it would be necessary for staff to ensure that the ordinance was non-discriminatory and whether criteria could be developed in that regard

Chief Meza advised that Councilwoman Higgins suggestion was similar to Tempes Security Plan which was the MPDs initial focus He stated that staff could go back to that process if it were the direction of the Council

Responding to a question from Councilmember Somers Chief Meza clarified that the MPD has not yet identified grant opportunities in order to assist smaller convenience store operators in funding necessary security upgrades

Additional discussion ensued relative to concerns expressed by convenience store retailers regarding the cost to upgrade their stores the security element of the ordinance that would require the stores to have a clear unobstructed view of the cash register through all windows and that many retailers have inventory that covers the front windows of their stores and that such an issue would be addressed by applying for a waiver option

Police Chief Frank Milstead addressed the Council and reported that his former employer the City of Phoenix stopped responding to calls for service at convenience stores related to the theft of alcohol or gasoline He reiterated that the MPD was attempting to respond to the calls in order to protect the public from such crimes which often leads to other activities such as motor vehicle collisions or congregation blight

Councilmember Finter remarked that the MPD has taken a very reasonable approach in addressing this matter including working with convenience store operators He also stated that he was open-minded relative to the direction this process would take

Councilwoman Higgins commented that since the MPD initially focused on a concept that would address the top 10 convenience stores she would support staff revisiting that issue

Mayor Smith advised that the Council generally does not allow public comment during a Study Session but stated that because this was such an important issue he would like to hear from the stakeholders who turned in speaker cards

Trish Hart and Tim McCabe representatives of the Arizona Food Marketing Alliance (AFMA) offered a series of comments relative to this item Ms Hart reported that she and Mr McCabe presented the April 29 2010 draft of the proposed convenience store ordinance to AFMA members to solicit their feedback and said the Council was provided a memo outlining the members concerns (See Attachment 2)

Study Session June 17 2010 PageS

Mr McCabe explained that the AFMA which represents all food retailers in Arizona was concerned with reducing crime in its stores the safety of the employees and customers and had expended significant resources in order to do so

Responding to a series of questions from Councilmember Richins Ms Hart clarified that although the AFMA has not developed a Security Plan many of its smaller independent retailers have invested in various security measures She explained that the retailers might have cameras for instance but not the type with high resolution quality that would be required per the ordinance Ms Hart stated that to update such video camera systems including video storage would cost between $5000 and $10000 which many retailers could not afford

Councilmember Richins commented that he was aware of video camera systems that were less expensive than those quoted by Ms Hart and urged staff to proceed with the ordinance

Mayor Smith noted that he was surprised the AFMA did not have a formal security program in place and said that if it did it would not be necessary for the City to be involved in these discussions He also remarked that he was torn with regard to this matter because government regulates too much and said he would prefer that the City work with the AFMA and its members to implement appropriate security measures

Responding to a question from Mayor Smith Mr McCabe explained that the AFMA does not have a committee or program wherein membersnon-members could utilize the organizations buying power to install electronic security systems

Mayor Smith suggested that such a resource would be an attractive service that the organization could offer to its members and non-members in order to comply with the security element of the proposed ordinance

Mr McCabe further remarked that the AFMA did not believe it was necessary for the City to implement an ordinance that would impact all Mesa convenience stores and preferred to work with Chief Milstead the MPD and key stakeholders to focus on the top 10 stores to develop individual Security Plans

Mayor Smith restated that AFMA was requesting that the organization find a solution to address the Citys needs before an ordinance was implemented He stated that if the AFMA could fix the problem the ordinance would become a moot point

Councilmember Richins questioned the feasibility of the AFMA and the MPD focusing their efforts on the top 10 stores many of which have been resistant to change in the past

Mayor Smith voiced support for the implementation of the proposed CPTED guidelines as part of the design elements of any new convenience store or reuselremodel project in the City of Mesa

Ms Hart stated that the AFMA concurred with Mayor Smiths suggestions

Councilmember Kavanaugh reiterated that the Public Safety Committee recommended that CPTED principles be incorporated into the design process as part of the Zoning Code update but noted that it only applied to new stores He commented that the AFMAs approach to

Study Session June 17 2010 Page 7

implement a Security Plan concept similar to Tempes 1987 ordinance does not cut it today in terms of public resources Councilmember Kavanaugh added that the Committee and the MPD worked very hard to find a blend of a regulatory structure that serves the public and meets almost every objection that the AFMA has for its individual members to request a waiver

Council member Kavanaugh expressed support for staff moving ahead with the ordinance and said that the community cannot afford to continue devoting public resources in an area where crime prevention can make a safer environment for the workplace and a more successful business environment for the convenience store operators

Mayor Smith commented that he would feel more comfortable if the AFMA and its members focused their attention more on addressing the disproportionate amount of crime at convenience stores and less on the ordinance as being the problem

Rana Singh Sodhi an independent convenience store operator voiced concern regarding the increased costs that retailers would incur in order to maintain surveillance camera records for at least 30 calendar days He urged the Council to allow the retailers to work with the MPD to address the matter as opposed to implementing an ordinance that would penalize those stores who have few if any calls for service

Michael Rahls a liquor store operator stated that various elements of the proposed ordinance would impact his business including maintaining a clear unobstructed view through all windows assessing $250 to $500 fines per day if violations were not corrected and imposing registrationrenewal fees He also suggested that because many convenience store operators do not own the buildings in which their businesses are located perhaps the landlords should be involved in the process in order to respond to repairsnotices of violation

Councilmember Kavanaugh clarified that the Public Safety Committee previously agreed to eliminate any fee requirements and added that no fines would be imposed if a violation was corrected within 14 days

Additional discussion ensued relative to the fact that many of the convenience stores were voluntarily complying with some elements of the proposed ordinance but not all of them such as beer floor displays being secured between 200 am and 600 am daily that the waiver option would give the MPD more flexibility to work with smaller stores located in older buildings and that staff could create an individualized Security Plan so the business would be in compliance with the ordinance

Councilwoman Higgins recommended that the Council move forward with the proposed ordinance as long as the convenience store operator had the option to apply for a waiver

Mayor Smith acknowledged that he had not been as deeply involved in this issue as the Public Safety Committee He expressed concern however that the MPD identified the top 10 convenience stores that accounted for the most calls for service and yet proposed a Citywide ordinance that would apply to all similar businesses

Further discussion ensued relative to the fact that in 2007 the MPD conducted a crime prevention project and determined that theft was a significant Part 1 Crime with convenience stores being a high frequency generator that staff met with store owners to address the

Study Session June 17 2010 Page 8

problem and conducted CPTED evaluations that a particular convenience store chain was asked to implement certain crime prevention methods such as the netting of beer floor displays and the stores corporate headquarters refused to do so

Chief Milstead stated that if it were the direction of the Council that the MPD go back and work with the top 10 convenience stores to seek voluntary compliance staff would be happy to do so

Mayor Smith commented that he would have no problem with an ordinance that would impose a substantial fine if a store operator failed to implement specific crime prevention activities (ie securing beer floor displays between 200 am and 600 am)

Councilmember Kavanaugh concurred with Councilwoman Higgins suggestion of moving this issue forward He briefly summarized some of the key points solicited from the stakeholders today as follows 1) There should be a transition period for the convenience stores to come into compliance with the ordinance with six months being a reasonable length of time 2) The convenience store operators should be apprised that the registration fee was removed from the draft ordinance 3) Relative to maintaining the video recordings for at least 30 days an alternative option might be to maintain such data for 15 days and 4) The landlord of the building in which a convenience store is located should be involved in the process regarding repairs and notices of violation Councilmember Kavanaugh added that he hoped staff would prepare a draft ordinance and bring it back to the Council for further discussion and consideration

Mayor Smith stated that there appeared to be Council concurrence that staff move forward and prepare a draft convenience store ordinance He also urged that Ms Hart and Mr McCabe become involved in the process and added that certain convenience store retailers were not present today and appear to be unwilling to agree to voluntarily compliance

Vice Mayor Jones noted that the location and accessibility at certain times of alcohol must be addressed He also remarked that he was not supportive of the ordinance as currently written but would be willing to move it forward if it were modified to address many of the concerns expressed here today

Mayor Smith concurred with the comments of Vice Mayor Jones and said the matter should move forward since there has been such a long process to get to this point He noted however that he still had concerns with specific issues and preferred an ordinance that was not so broad based

Mayor Smith clarified that the Councils direction was for the MPD and the City Attorneys Office to prepare a draft convenience store ordinance He called for a vote

Carried unanimously

Mayor Smith further directed that staff solicit input from the stakeholders during the ordinance drafting process

Mayor Smith thanked everyone who participated in the extensive presentation and discussion

(Mayor Smith declared a short recess at 1050 am The Study Session resumed at 1057 am)

Study Session June 17 2010 Page 9

4 Acknowledge receipt of minutes of various boards and committees

Museum and Cultural Advisory Board meeting held May 12 2010

It was moved by Councilmember Somers seconded by Vice Mayor Jones that the above-listed minutes be acknowledged

Carried unanimously

5 Hear reports on meetings andor conferences attended

There were no reports on meetings andor conferences attended

6 Scheduling of meetings and general information

Deputy City Manager Jack Friedline stated that the meeting schedule is as follows

Thursday June 17 2010 Transportation amp Infrastructure Committee - Cancelled

Monday June 212010330 pm - Public Safety Committee

Monday June 212010 TBA - Study Session

Monday June 212010545 pm - Regular Council Meeting

Thursday June 24 2010 730 am - Study Session

Thursday July 1 2010 330 pm - Community amp Neighborhood Service Committee

Thursday July 12010 TBA - Study Session

Thursday July 12010545 pm - Regular Council Meeting

Tuesday and Wednesday July 2 and 3 2010 600 pm - Arizonas Celebration of Freedom

Tuesday July 62010400 pm -Audit amp Finance Committee

Thursday July 8 2010 TBA - Study Session

Thursday July 8 2010 545 pm - Regular Council Meeting

7 Items from citizens present

There were no items from citizens present

8 Convene an Executive Session

It was moved by Vice Mayor Jones seconded by Councilmember Somers that the Council adjourn the Study Session at 745 am and enter into an Executive Session

Study Session June 172010 Page 10

Mayor Smith declared the motion carried unanimously and an Executive Session was convened at 746 am

a Discussion or consultation with the City Attorney in order to consider the Citys position and instruct the City Attorney regarding the Citys position regarding contracts that are the subject of negotiations in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation (ARS sect38-43103A (4raquo Discussion or consultation with designated representatives of the City in order to consider the Citys position and instruct the Citys representatives regarding negotiations for the purchase sale or lease of real property (ARS sect38-43103A (7raquo

1 Fiesta District Police Substation 2 Larson v Mesa CV 2008-001010 3 Meet and Confer 4 Chicago Cubs Spring Training

9 Adjournment

Without objection the Study Session adjourned at 1115 am

SCOTT SMITH MAYOR

ATTEST

LINDA CROCKER CITY CLERK

I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Study Session of the City Council of Mesa Arizona held on the 17h day of June 2010 I further certify that the meeting was duly called and held and that a quorum was present

LINDA CROCKER CITY CLERK

pag (attachments - 3)

Study Session June 17 2010 Attachment 1

Page 1 of6

(~l bull~~

Crime Prevention Through Environmental Design (CPTED)

Convenience Store Ordinance

Presentation to City Council

June 17 2010

bullSeeking Direction

The Police Department is seeking direction from the City Council on

development of a new City ordinance governing convenience stores that would implement CPTED principles

1

Study Session June 17 2010 Attachment 1

Page 2of6

bullWhat is CPlED

A crime prevention philosophy based on the theory that proper design and effective use of the built environment can lead to a

reduction in crime

Background bull bull In June 2009 the Police Department gave a

presentation to the Public Safety Committee on a proposed CPTED ordinance and security plans

bull The Department met with key stakeholders

bull In March and May 2010 the department returned to the Public Safety Committee with refinements to the proposal

bull In MaYJ the Public Safety Committee recommended the proposal be b~ought to the full City Council for consideration

2

Study Session June 172010 Attachment 1

Page 3 of6

bullGoals To protect the health safety and welfare of the citizens of the City of Mesa by

bull Reducing crime and calls for service

bull Deterring crime through prevention

bull Increasing the successful prosecution of crime that occurs in convenience stores tn the city

bull Freeing up police resources

Statistics bullMESA CONVENIENCE STORES AT A GLANCE 2009

VCR THEFt$

I CFS PART 1 CRIMES

PART 1 ARRESTS

PART 2 ARRESTS

s_shylIFTS

OTHER THEFTS

I Citywide Totalgt I 3187elt1 18096 4 201117 4585 3330

I Tolalto shyConvenience Sto 81140 1747 184 476 15112 lt13

I Tolalf Top 10 110 576 76 134 546 Con~inc S~--

Percentage of Convennc 2_ 9 41 23 347 1_S Citywide

Pe~ofTop10

2~gt 183 IConvntCe $to to gt165 33_ 413 343 Total Convenncbullbullto

0 i prdna d $ubcltt tO Nnhcr f4w~d anMp---CFS ltitII COP TSISS call1~

- Othcr Ttl doa O[ ~tflvdt veJchr 8MI - CaeICuc Store dna i based 01 bull litlnI9~dcd br CriTIC PtClIlttion

I

3

Study Session June 17 2010 Attachment 1

Page 4 ot6

Proposal bull bull Require store registration

bull Annual

bull No registration fee

bull Display registration in stores

bull Penalties

bull Violations are civil offense

bull Warning for pt offense -- 14 days to correct

bull Fines of $250 - $500

(~l bull) pi Proposal

- Co

bull Police Department can inspect premises during business hours to ensure compliance

bull Surveillance cameras

bull Two color digital high resolution cameras inside the store

bull Two color or black and white digital high resolution cameras on the exterior of the building (parking lot andor gas pump area)

bull Maintain recorings for at least 30 calendar days

4

Study Session June 17 2010 Attachment 1

Page 50f6

Proposal bull Security

bull Provide-maintain-operate an alarm system

bull Silent panic or holdup alarm

bull Signage

bull Drop safe

bull Security signs and height markers

bull Maintain visibility - clear unobstructed view of cash register through all windows and public entrance doors

Proposal

bull Annual employee safety training

bull Trespass Enforcement Program participation - authorizes the police department to enforce all applicable trespass laws

bull Illumination of exterior entrances

bull Removal of graffiti within 48 hours

bull Beer coolers locked and beer floor displays secured 200 am to 600 am every day

5

Study Session June 17 2010 Attachment 1

Page 6 of6

Proposal bull bull Waiver option

bull Small stores in older buildings that may not be able to comply with the ordinance can apply to have a security plan in lieu of complying with elements of the ordinance

bull Stores in compliance but still experiencing high crime and excessive calls for service (beer runs robberies etc) could be requiredto comply with a security plan in addition to the ordinance

ouwn E

[sect6~ r~Ve Q

~ ~~Cgt Industry Concerns bull bull Stakeholders feel the new ordinance penalizes

all stores when the problem is limited to a very few

bull Stakeholders would like the City to pilot the new ordinance conducting an evaluation after an established time period to determine its effectiveness with the option of repealing the ordinance if it proves to be ineffective

6

Study Session June 17 2010

Law Of bees of Attachment 2

John K Mangum Pc Page 1 of 5

31B West Roosevelt Street Phoenix ArlZona 85003 (602) 252-5222 (602) 252-2508 (FAX)

To Chief Jo1m Meza

From Jo1m Mangum amp Trish Hart

Date June 102010

Re Mesa CPTED Ordinance

Cc Tim McCabe

o Urgent 0 For Review 0 Please Comment 0 Please Reply o Please Recycle

bull Comments

Based upon a complete review of the City ofMesa Proposed Convenience Store Ordinance Draft dated 4129110 the AFMA members asked us to present their issues and concerns with the draft The following list details those issues

Page 2

First paragraph line 6

Providing a penalty not to exceed $500 Based upon previous discussions on this issue we were told this language would be removed

Page 3

DEFINITIONS

Item 4middot Definition of Convenience Store

Our members are concerned that the definition as written does not apply to drug stores which also have late hours and sell the same type of products

Study Session June 17 2010 Attachment 2

Page 2 of 5

Page 4

AUTHORITY OF CHIEF

Will public hearings be held in connection with the drafting of the proposed rules for the CPTED ordinance Our clients would welcome the opportunity to be a part of those stakeholder meetings

Page 5

REGISTRATION REQUIRED FEES

b) Violation

Our clients are still extremely concerned about the fines structure As discussed In previous stakeholder meetings our clients believe a tiered fine structure would be a more appropriate manner in which to structure the fines associated with violations of the ordinance

c) Fee

Our clients would respectfully request this language taken out as it was agreed that there would not bea fee associated with this ordinance They believe if this language is kept in that a future council could add a fee at a later date We would also suggest that the City Attorney review ARS 9-50006 to determine if a fee would be allowed to be assessed

Page 9

SURVEILLANCE CAMERA SYSTEM VIDEO RECORDING AND STORAGE

1) Cameras

Our clients suggest the language should require cameras but not specifically detail in the language what type of picture must be produced They are concerned they could be found in violation for a pictureimage that does not specifically meet the standard as written In addition such a standard might preclude existing camera systems which wbuld result in the business owners having to purchase new equipment We believe the decision on what type of camera to purchase should be left to the store operator

bull Page 2

Study Session June 17 2010 Attachment 2

Page 3 of 5

Page 10

Subsection b) (3)

Change 30 days to either 2 weeks or 15 days

Our clients are concerned about the amount of video storage that stores would be required to have to store the required information The cost for storage is very expensive and will result in additional costs to the business owners In addition we would suggest that consideration be given to requiring the storage requirement to be limited to when an incident has occurred that required a police response

(4) Change 24 hours to1 week

Many store operators do not have the capability to make a copy of the required information without utilizing a third party provider to make the copy It can take 2-3 days to get a copy made to present to the Police We have also learned that only certain store employees have access to the digItal recordings so if that employee is out of town or away from the store a 24 hour timeframe would be a hardship on the store operator Our clients believe that one week would be a more appropriate timeframe

Page 11

STORE VISIBILITY

The small stores have significant issues with this section Many oOhe small stores are not configured in a way that would allow them to meet this requirement without significantly reducing their floor space or having to remodel the store If the store was forced to remodel in order to comply with these requirements it would be very costly especially to the small independent store operators

Page 11

EMPLOYEE SAFETY TRAINING TELEPHONE ACCESS

1) Training

Our clients have the following questions related to the training language

Does the training have to be annually Would it be possible to have an initial training and then a refresher course each year

bull Page 3

Study Session June 17 2010 Attachment 2

Page 4 of 5

Page 12

2) Requirement to be trained in a month

Most of the small stores do not have the ability to perform in store training For those stores that do not have in store training and plan to utilize the City of Mesa training will the City be available to train individuals on a monthly basis Perhaps the timeframe for training should be adjusted based upon the availbity of training

GENERAL SAFETY CONDITIONS

b) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

Page 13

(d) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

(e) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with installing locking mechanisms on the beer coolers

(f) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with netting beer displays and are not convinced that netting the beer displays will do much to reduce the beer runs

Other general concerns raised were

bull GrandfatheringCosts~ Our clients believe this ordinance should be applied in the Development Review Process If the ordinance is applied to new stores or is triggered when a store is remodeled the costs associated with complYIng could be built into the stores budget This ordinance will produce unplanned costs for stores that are already struggling in these tough economic times Our clients believe without grandfathering existing stores that the costs

bull Page4

Study Session June 17 2010 Attachment 2

Page 5 of 5

associated with compliance will be a significant burden to the store operators We are in the process of compiling an estimated cost per store for the implementation of the CPTED ordinance and we will provide you a copy as soon as it is available

bull Resources~ If our clients institutes all the practices in the ordinance will the City of Mesa allocate appropriate resources to respond for calls for service

bull Audit of Ordinance- Our clients would request that a review of the ordinance be completed within 1-2 years to evaluate the ordinance and determine if it is achieving the desired objectives If the ordinance is not meeting the objectives we would ask the City consider repealing the ordinance

We greatly appreciate your assistance with this issue and look forward to working together to find workable solutions If you have any questions please call Trish Hart or John Mangum at (602) 252-5222

bull Page 5

ouncil Study Session Study Session June 17 2010 Attachment 3

Page 1 of 8

~ -~ mesamiddotaz

Zoning Ordinance Update Progress Report

Public Comment Period

Presentation to

City Council Study Session

June 17 2010

~ -~ ~ Topical Public Workshops shy

Single Residence amp new RSL districtbull 412 Multiple Res amp General Landscapingbull 422 Commercial- Part 1 Retail amp Officebull 427 Commercial- Part 2 Transit Mixedbull 54 Use and Urban amp Parking Reqs

Industrial amp Telecomm Facilitiesbull 5113 Downtown and Infillbull 520

Single Residence RSLbull 52 5 Planned Area Developments amp

-Planned Community Districts

1

Council Study Session Study Session June 172010 Attachment 3

Page 2 of8

~=======-=----=======~

General Topic Public Workshops Superstition Community Room (CD-6) bull 61

bull 610 Fire Station 216 Community Room (CD-5)

Fire Station 206 Community Room (CD-2) bull 614 Fire Station 218 Community Room (CD-I) bull 615

Future Workshops bull June 29 Tuesday

Fire Station 202 Community Room (CD-4)

bull June 30 Wednesday La Casita Dobson Ranch (CD-3)

~ ~ BoardHearing Schedule bull Design Review Board

bull June 2 Recommendations Part 1

bull July 7 Recommendations - Part 2

bull Economic Development Advisory Board bull May 4 General OverviewChange Summary

bull Planning amp Zoning Board bull June 16 Public Hearing - Public Comments

bull July 21 Public Hearing Comments bull Prepare Revised Draft Zoning Ordinance bull August 18 Public Hearing - Recommendation

2

Council Study Session Study Session June 17 2010 Attachment 3

Page 30f8

Public Comments

Comments and Response

1 c Allow RV Parking in Single Residence Side Yards Longer than 30 Limit

R Allow 40 RVs on Lots Greater than 15000 sf keep at 30 for lots less than 15000 sf

2 C Allow Shallower Lots Depths in RS-6

R Adjust Min Lot Depth from 94 to 90

~ - __-

V-shy~~

Allowance of 40 RV in 15000 sf lot amp 30 RV in Lots less than 15000 sf

15000 sf Lot

-6000 sf Lot

RS-15 Lot House

t-

HouseIJIJ ~ II AAl-

JIPorch

I A

3

Council Study Session Study Session June 17 2010 Attachment 3

Page 4 of 8

Public Comments Comment and Response 3 C Allow Side Entry Garages to encroach into

Front Yard

R Present Options to PampZ Board and to City Council

4 C Reduce Options for Front or Rear Yard Encroachments - Too Dense R Leave as Proposed

5 C Encourage Underground Parking

R Density Bonus 7

Garage Placement in RS amp RSL

8

4

Council Study Session Study Session June 17 2010 Attachment 3

Page 5 of 8

Frant Entry v Garamiddot e Encroachment------==-=-

C oX Q)

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ltJ) (Q rJ) e OJ u

J2c

UJ c

middots -0

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9

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5

Council Study Session Study Session June 17 2010 Attachment 3

Page 6 of8

11

ide Entry Garagesfr6mFront

12

6

Council Study Session Study Session June 172010 Attachment 3

Page 7 of 8

Public Comments Comments 6 C Raise Design Standards to Scottsdale Level

R Additional Design Standards Allowances for Sub-area Design Guidelines incorporated into Update

7 C Increase Open Space Requirements

R Mandatory Open Space reqs in Multiple Res and RSL districts

3

Public Comments Comments 8 C Regulate Portable Storage Containers rather

than Prohibit them (Existing exception allows during construction)

R Present Question to City Council

9 Several Comments from Homebuilders Association of Central Arizona (HBACA)

R Received HBACA Comments this morning Will study each one carefully and prepare a response by end of month

7

Council Study Session Study Session June 17 2010 Attachment 3

Page 8 of 8

Questions

PlanninglnfoMesaAzgov

wwwMesaAzgov

8

Page 6: COUNCIL MINUTES - Mesa, AZ

Study Session June 17 2010 PageS

Mr McCabe explained that the AFMA which represents all food retailers in Arizona was concerned with reducing crime in its stores the safety of the employees and customers and had expended significant resources in order to do so

Responding to a series of questions from Councilmember Richins Ms Hart clarified that although the AFMA has not developed a Security Plan many of its smaller independent retailers have invested in various security measures She explained that the retailers might have cameras for instance but not the type with high resolution quality that would be required per the ordinance Ms Hart stated that to update such video camera systems including video storage would cost between $5000 and $10000 which many retailers could not afford

Councilmember Richins commented that he was aware of video camera systems that were less expensive than those quoted by Ms Hart and urged staff to proceed with the ordinance

Mayor Smith noted that he was surprised the AFMA did not have a formal security program in place and said that if it did it would not be necessary for the City to be involved in these discussions He also remarked that he was torn with regard to this matter because government regulates too much and said he would prefer that the City work with the AFMA and its members to implement appropriate security measures

Responding to a question from Mayor Smith Mr McCabe explained that the AFMA does not have a committee or program wherein membersnon-members could utilize the organizations buying power to install electronic security systems

Mayor Smith suggested that such a resource would be an attractive service that the organization could offer to its members and non-members in order to comply with the security element of the proposed ordinance

Mr McCabe further remarked that the AFMA did not believe it was necessary for the City to implement an ordinance that would impact all Mesa convenience stores and preferred to work with Chief Milstead the MPD and key stakeholders to focus on the top 10 stores to develop individual Security Plans

Mayor Smith restated that AFMA was requesting that the organization find a solution to address the Citys needs before an ordinance was implemented He stated that if the AFMA could fix the problem the ordinance would become a moot point

Councilmember Richins questioned the feasibility of the AFMA and the MPD focusing their efforts on the top 10 stores many of which have been resistant to change in the past

Mayor Smith voiced support for the implementation of the proposed CPTED guidelines as part of the design elements of any new convenience store or reuselremodel project in the City of Mesa

Ms Hart stated that the AFMA concurred with Mayor Smiths suggestions

Councilmember Kavanaugh reiterated that the Public Safety Committee recommended that CPTED principles be incorporated into the design process as part of the Zoning Code update but noted that it only applied to new stores He commented that the AFMAs approach to

Study Session June 17 2010 Page 7

implement a Security Plan concept similar to Tempes 1987 ordinance does not cut it today in terms of public resources Councilmember Kavanaugh added that the Committee and the MPD worked very hard to find a blend of a regulatory structure that serves the public and meets almost every objection that the AFMA has for its individual members to request a waiver

Council member Kavanaugh expressed support for staff moving ahead with the ordinance and said that the community cannot afford to continue devoting public resources in an area where crime prevention can make a safer environment for the workplace and a more successful business environment for the convenience store operators

Mayor Smith commented that he would feel more comfortable if the AFMA and its members focused their attention more on addressing the disproportionate amount of crime at convenience stores and less on the ordinance as being the problem

Rana Singh Sodhi an independent convenience store operator voiced concern regarding the increased costs that retailers would incur in order to maintain surveillance camera records for at least 30 calendar days He urged the Council to allow the retailers to work with the MPD to address the matter as opposed to implementing an ordinance that would penalize those stores who have few if any calls for service

Michael Rahls a liquor store operator stated that various elements of the proposed ordinance would impact his business including maintaining a clear unobstructed view through all windows assessing $250 to $500 fines per day if violations were not corrected and imposing registrationrenewal fees He also suggested that because many convenience store operators do not own the buildings in which their businesses are located perhaps the landlords should be involved in the process in order to respond to repairsnotices of violation

Councilmember Kavanaugh clarified that the Public Safety Committee previously agreed to eliminate any fee requirements and added that no fines would be imposed if a violation was corrected within 14 days

Additional discussion ensued relative to the fact that many of the convenience stores were voluntarily complying with some elements of the proposed ordinance but not all of them such as beer floor displays being secured between 200 am and 600 am daily that the waiver option would give the MPD more flexibility to work with smaller stores located in older buildings and that staff could create an individualized Security Plan so the business would be in compliance with the ordinance

Councilwoman Higgins recommended that the Council move forward with the proposed ordinance as long as the convenience store operator had the option to apply for a waiver

Mayor Smith acknowledged that he had not been as deeply involved in this issue as the Public Safety Committee He expressed concern however that the MPD identified the top 10 convenience stores that accounted for the most calls for service and yet proposed a Citywide ordinance that would apply to all similar businesses

Further discussion ensued relative to the fact that in 2007 the MPD conducted a crime prevention project and determined that theft was a significant Part 1 Crime with convenience stores being a high frequency generator that staff met with store owners to address the

Study Session June 17 2010 Page 8

problem and conducted CPTED evaluations that a particular convenience store chain was asked to implement certain crime prevention methods such as the netting of beer floor displays and the stores corporate headquarters refused to do so

Chief Milstead stated that if it were the direction of the Council that the MPD go back and work with the top 10 convenience stores to seek voluntary compliance staff would be happy to do so

Mayor Smith commented that he would have no problem with an ordinance that would impose a substantial fine if a store operator failed to implement specific crime prevention activities (ie securing beer floor displays between 200 am and 600 am)

Councilmember Kavanaugh concurred with Councilwoman Higgins suggestion of moving this issue forward He briefly summarized some of the key points solicited from the stakeholders today as follows 1) There should be a transition period for the convenience stores to come into compliance with the ordinance with six months being a reasonable length of time 2) The convenience store operators should be apprised that the registration fee was removed from the draft ordinance 3) Relative to maintaining the video recordings for at least 30 days an alternative option might be to maintain such data for 15 days and 4) The landlord of the building in which a convenience store is located should be involved in the process regarding repairs and notices of violation Councilmember Kavanaugh added that he hoped staff would prepare a draft ordinance and bring it back to the Council for further discussion and consideration

Mayor Smith stated that there appeared to be Council concurrence that staff move forward and prepare a draft convenience store ordinance He also urged that Ms Hart and Mr McCabe become involved in the process and added that certain convenience store retailers were not present today and appear to be unwilling to agree to voluntarily compliance

Vice Mayor Jones noted that the location and accessibility at certain times of alcohol must be addressed He also remarked that he was not supportive of the ordinance as currently written but would be willing to move it forward if it were modified to address many of the concerns expressed here today

Mayor Smith concurred with the comments of Vice Mayor Jones and said the matter should move forward since there has been such a long process to get to this point He noted however that he still had concerns with specific issues and preferred an ordinance that was not so broad based

Mayor Smith clarified that the Councils direction was for the MPD and the City Attorneys Office to prepare a draft convenience store ordinance He called for a vote

Carried unanimously

Mayor Smith further directed that staff solicit input from the stakeholders during the ordinance drafting process

Mayor Smith thanked everyone who participated in the extensive presentation and discussion

(Mayor Smith declared a short recess at 1050 am The Study Session resumed at 1057 am)

Study Session June 17 2010 Page 9

4 Acknowledge receipt of minutes of various boards and committees

Museum and Cultural Advisory Board meeting held May 12 2010

It was moved by Councilmember Somers seconded by Vice Mayor Jones that the above-listed minutes be acknowledged

Carried unanimously

5 Hear reports on meetings andor conferences attended

There were no reports on meetings andor conferences attended

6 Scheduling of meetings and general information

Deputy City Manager Jack Friedline stated that the meeting schedule is as follows

Thursday June 17 2010 Transportation amp Infrastructure Committee - Cancelled

Monday June 212010330 pm - Public Safety Committee

Monday June 212010 TBA - Study Session

Monday June 212010545 pm - Regular Council Meeting

Thursday June 24 2010 730 am - Study Session

Thursday July 1 2010 330 pm - Community amp Neighborhood Service Committee

Thursday July 12010 TBA - Study Session

Thursday July 12010545 pm - Regular Council Meeting

Tuesday and Wednesday July 2 and 3 2010 600 pm - Arizonas Celebration of Freedom

Tuesday July 62010400 pm -Audit amp Finance Committee

Thursday July 8 2010 TBA - Study Session

Thursday July 8 2010 545 pm - Regular Council Meeting

7 Items from citizens present

There were no items from citizens present

8 Convene an Executive Session

It was moved by Vice Mayor Jones seconded by Councilmember Somers that the Council adjourn the Study Session at 745 am and enter into an Executive Session

Study Session June 172010 Page 10

Mayor Smith declared the motion carried unanimously and an Executive Session was convened at 746 am

a Discussion or consultation with the City Attorney in order to consider the Citys position and instruct the City Attorney regarding the Citys position regarding contracts that are the subject of negotiations in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation (ARS sect38-43103A (4raquo Discussion or consultation with designated representatives of the City in order to consider the Citys position and instruct the Citys representatives regarding negotiations for the purchase sale or lease of real property (ARS sect38-43103A (7raquo

1 Fiesta District Police Substation 2 Larson v Mesa CV 2008-001010 3 Meet and Confer 4 Chicago Cubs Spring Training

9 Adjournment

Without objection the Study Session adjourned at 1115 am

SCOTT SMITH MAYOR

ATTEST

LINDA CROCKER CITY CLERK

I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Study Session of the City Council of Mesa Arizona held on the 17h day of June 2010 I further certify that the meeting was duly called and held and that a quorum was present

LINDA CROCKER CITY CLERK

pag (attachments - 3)

Study Session June 17 2010 Attachment 1

Page 1 of6

(~l bull~~

Crime Prevention Through Environmental Design (CPTED)

Convenience Store Ordinance

Presentation to City Council

June 17 2010

bullSeeking Direction

The Police Department is seeking direction from the City Council on

development of a new City ordinance governing convenience stores that would implement CPTED principles

1

Study Session June 17 2010 Attachment 1

Page 2of6

bullWhat is CPlED

A crime prevention philosophy based on the theory that proper design and effective use of the built environment can lead to a

reduction in crime

Background bull bull In June 2009 the Police Department gave a

presentation to the Public Safety Committee on a proposed CPTED ordinance and security plans

bull The Department met with key stakeholders

bull In March and May 2010 the department returned to the Public Safety Committee with refinements to the proposal

bull In MaYJ the Public Safety Committee recommended the proposal be b~ought to the full City Council for consideration

2

Study Session June 172010 Attachment 1

Page 3 of6

bullGoals To protect the health safety and welfare of the citizens of the City of Mesa by

bull Reducing crime and calls for service

bull Deterring crime through prevention

bull Increasing the successful prosecution of crime that occurs in convenience stores tn the city

bull Freeing up police resources

Statistics bullMESA CONVENIENCE STORES AT A GLANCE 2009

VCR THEFt$

I CFS PART 1 CRIMES

PART 1 ARRESTS

PART 2 ARRESTS

s_shylIFTS

OTHER THEFTS

I Citywide Totalgt I 3187elt1 18096 4 201117 4585 3330

I Tolalto shyConvenience Sto 81140 1747 184 476 15112 lt13

I Tolalf Top 10 110 576 76 134 546 Con~inc S~--

Percentage of Convennc 2_ 9 41 23 347 1_S Citywide

Pe~ofTop10

2~gt 183 IConvntCe $to to gt165 33_ 413 343 Total Convenncbullbullto

0 i prdna d $ubcltt tO Nnhcr f4w~d anMp---CFS ltitII COP TSISS call1~

- Othcr Ttl doa O[ ~tflvdt veJchr 8MI - CaeICuc Store dna i based 01 bull litlnI9~dcd br CriTIC PtClIlttion

I

3

Study Session June 17 2010 Attachment 1

Page 4 ot6

Proposal bull bull Require store registration

bull Annual

bull No registration fee

bull Display registration in stores

bull Penalties

bull Violations are civil offense

bull Warning for pt offense -- 14 days to correct

bull Fines of $250 - $500

(~l bull) pi Proposal

- Co

bull Police Department can inspect premises during business hours to ensure compliance

bull Surveillance cameras

bull Two color digital high resolution cameras inside the store

bull Two color or black and white digital high resolution cameras on the exterior of the building (parking lot andor gas pump area)

bull Maintain recorings for at least 30 calendar days

4

Study Session June 17 2010 Attachment 1

Page 50f6

Proposal bull Security

bull Provide-maintain-operate an alarm system

bull Silent panic or holdup alarm

bull Signage

bull Drop safe

bull Security signs and height markers

bull Maintain visibility - clear unobstructed view of cash register through all windows and public entrance doors

Proposal

bull Annual employee safety training

bull Trespass Enforcement Program participation - authorizes the police department to enforce all applicable trespass laws

bull Illumination of exterior entrances

bull Removal of graffiti within 48 hours

bull Beer coolers locked and beer floor displays secured 200 am to 600 am every day

5

Study Session June 17 2010 Attachment 1

Page 6 of6

Proposal bull bull Waiver option

bull Small stores in older buildings that may not be able to comply with the ordinance can apply to have a security plan in lieu of complying with elements of the ordinance

bull Stores in compliance but still experiencing high crime and excessive calls for service (beer runs robberies etc) could be requiredto comply with a security plan in addition to the ordinance

ouwn E

[sect6~ r~Ve Q

~ ~~Cgt Industry Concerns bull bull Stakeholders feel the new ordinance penalizes

all stores when the problem is limited to a very few

bull Stakeholders would like the City to pilot the new ordinance conducting an evaluation after an established time period to determine its effectiveness with the option of repealing the ordinance if it proves to be ineffective

6

Study Session June 17 2010

Law Of bees of Attachment 2

John K Mangum Pc Page 1 of 5

31B West Roosevelt Street Phoenix ArlZona 85003 (602) 252-5222 (602) 252-2508 (FAX)

To Chief Jo1m Meza

From Jo1m Mangum amp Trish Hart

Date June 102010

Re Mesa CPTED Ordinance

Cc Tim McCabe

o Urgent 0 For Review 0 Please Comment 0 Please Reply o Please Recycle

bull Comments

Based upon a complete review of the City ofMesa Proposed Convenience Store Ordinance Draft dated 4129110 the AFMA members asked us to present their issues and concerns with the draft The following list details those issues

Page 2

First paragraph line 6

Providing a penalty not to exceed $500 Based upon previous discussions on this issue we were told this language would be removed

Page 3

DEFINITIONS

Item 4middot Definition of Convenience Store

Our members are concerned that the definition as written does not apply to drug stores which also have late hours and sell the same type of products

Study Session June 17 2010 Attachment 2

Page 2 of 5

Page 4

AUTHORITY OF CHIEF

Will public hearings be held in connection with the drafting of the proposed rules for the CPTED ordinance Our clients would welcome the opportunity to be a part of those stakeholder meetings

Page 5

REGISTRATION REQUIRED FEES

b) Violation

Our clients are still extremely concerned about the fines structure As discussed In previous stakeholder meetings our clients believe a tiered fine structure would be a more appropriate manner in which to structure the fines associated with violations of the ordinance

c) Fee

Our clients would respectfully request this language taken out as it was agreed that there would not bea fee associated with this ordinance They believe if this language is kept in that a future council could add a fee at a later date We would also suggest that the City Attorney review ARS 9-50006 to determine if a fee would be allowed to be assessed

Page 9

SURVEILLANCE CAMERA SYSTEM VIDEO RECORDING AND STORAGE

1) Cameras

Our clients suggest the language should require cameras but not specifically detail in the language what type of picture must be produced They are concerned they could be found in violation for a pictureimage that does not specifically meet the standard as written In addition such a standard might preclude existing camera systems which wbuld result in the business owners having to purchase new equipment We believe the decision on what type of camera to purchase should be left to the store operator

bull Page 2

Study Session June 17 2010 Attachment 2

Page 3 of 5

Page 10

Subsection b) (3)

Change 30 days to either 2 weeks or 15 days

Our clients are concerned about the amount of video storage that stores would be required to have to store the required information The cost for storage is very expensive and will result in additional costs to the business owners In addition we would suggest that consideration be given to requiring the storage requirement to be limited to when an incident has occurred that required a police response

(4) Change 24 hours to1 week

Many store operators do not have the capability to make a copy of the required information without utilizing a third party provider to make the copy It can take 2-3 days to get a copy made to present to the Police We have also learned that only certain store employees have access to the digItal recordings so if that employee is out of town or away from the store a 24 hour timeframe would be a hardship on the store operator Our clients believe that one week would be a more appropriate timeframe

Page 11

STORE VISIBILITY

The small stores have significant issues with this section Many oOhe small stores are not configured in a way that would allow them to meet this requirement without significantly reducing their floor space or having to remodel the store If the store was forced to remodel in order to comply with these requirements it would be very costly especially to the small independent store operators

Page 11

EMPLOYEE SAFETY TRAINING TELEPHONE ACCESS

1) Training

Our clients have the following questions related to the training language

Does the training have to be annually Would it be possible to have an initial training and then a refresher course each year

bull Page 3

Study Session June 17 2010 Attachment 2

Page 4 of 5

Page 12

2) Requirement to be trained in a month

Most of the small stores do not have the ability to perform in store training For those stores that do not have in store training and plan to utilize the City of Mesa training will the City be available to train individuals on a monthly basis Perhaps the timeframe for training should be adjusted based upon the availbity of training

GENERAL SAFETY CONDITIONS

b) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

Page 13

(d) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

(e) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with installing locking mechanisms on the beer coolers

(f) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with netting beer displays and are not convinced that netting the beer displays will do much to reduce the beer runs

Other general concerns raised were

bull GrandfatheringCosts~ Our clients believe this ordinance should be applied in the Development Review Process If the ordinance is applied to new stores or is triggered when a store is remodeled the costs associated with complYIng could be built into the stores budget This ordinance will produce unplanned costs for stores that are already struggling in these tough economic times Our clients believe without grandfathering existing stores that the costs

bull Page4

Study Session June 17 2010 Attachment 2

Page 5 of 5

associated with compliance will be a significant burden to the store operators We are in the process of compiling an estimated cost per store for the implementation of the CPTED ordinance and we will provide you a copy as soon as it is available

bull Resources~ If our clients institutes all the practices in the ordinance will the City of Mesa allocate appropriate resources to respond for calls for service

bull Audit of Ordinance- Our clients would request that a review of the ordinance be completed within 1-2 years to evaluate the ordinance and determine if it is achieving the desired objectives If the ordinance is not meeting the objectives we would ask the City consider repealing the ordinance

We greatly appreciate your assistance with this issue and look forward to working together to find workable solutions If you have any questions please call Trish Hart or John Mangum at (602) 252-5222

bull Page 5

ouncil Study Session Study Session June 17 2010 Attachment 3

Page 1 of 8

~ -~ mesamiddotaz

Zoning Ordinance Update Progress Report

Public Comment Period

Presentation to

City Council Study Session

June 17 2010

~ -~ ~ Topical Public Workshops shy

Single Residence amp new RSL districtbull 412 Multiple Res amp General Landscapingbull 422 Commercial- Part 1 Retail amp Officebull 427 Commercial- Part 2 Transit Mixedbull 54 Use and Urban amp Parking Reqs

Industrial amp Telecomm Facilitiesbull 5113 Downtown and Infillbull 520

Single Residence RSLbull 52 5 Planned Area Developments amp

-Planned Community Districts

1

Council Study Session Study Session June 172010 Attachment 3

Page 2 of8

~=======-=----=======~

General Topic Public Workshops Superstition Community Room (CD-6) bull 61

bull 610 Fire Station 216 Community Room (CD-5)

Fire Station 206 Community Room (CD-2) bull 614 Fire Station 218 Community Room (CD-I) bull 615

Future Workshops bull June 29 Tuesday

Fire Station 202 Community Room (CD-4)

bull June 30 Wednesday La Casita Dobson Ranch (CD-3)

~ ~ BoardHearing Schedule bull Design Review Board

bull June 2 Recommendations Part 1

bull July 7 Recommendations - Part 2

bull Economic Development Advisory Board bull May 4 General OverviewChange Summary

bull Planning amp Zoning Board bull June 16 Public Hearing - Public Comments

bull July 21 Public Hearing Comments bull Prepare Revised Draft Zoning Ordinance bull August 18 Public Hearing - Recommendation

2

Council Study Session Study Session June 17 2010 Attachment 3

Page 30f8

Public Comments

Comments and Response

1 c Allow RV Parking in Single Residence Side Yards Longer than 30 Limit

R Allow 40 RVs on Lots Greater than 15000 sf keep at 30 for lots less than 15000 sf

2 C Allow Shallower Lots Depths in RS-6

R Adjust Min Lot Depth from 94 to 90

~ - __-

V-shy~~

Allowance of 40 RV in 15000 sf lot amp 30 RV in Lots less than 15000 sf

15000 sf Lot

-6000 sf Lot

RS-15 Lot House

t-

HouseIJIJ ~ II AAl-

JIPorch

I A

3

Council Study Session Study Session June 17 2010 Attachment 3

Page 4 of 8

Public Comments Comment and Response 3 C Allow Side Entry Garages to encroach into

Front Yard

R Present Options to PampZ Board and to City Council

4 C Reduce Options for Front or Rear Yard Encroachments - Too Dense R Leave as Proposed

5 C Encourage Underground Parking

R Density Bonus 7

Garage Placement in RS amp RSL

8

4

Council Study Session Study Session June 17 2010 Attachment 3

Page 5 of 8

Frant Entry v Garamiddot e Encroachment------==-=-

C oX Q)

ii E 9 -5

ltJ) (Q rJ) e OJ u

J2c

UJ c

middots -0

co ~ House ~ C

~ ~ -0 -0 House(Q ltJ)

~ o 0shye 0

I- M j~ Porch

---~U--I- - - - - r--- --- - - - - shy

9

~~====--=---~= =-=---==ide Entry Garages-l(om Front

5

Council Study Session Study Session June 17 2010 Attachment 3

Page 6 of8

11

ide Entry Garagesfr6mFront

12

6

Council Study Session Study Session June 172010 Attachment 3

Page 7 of 8

Public Comments Comments 6 C Raise Design Standards to Scottsdale Level

R Additional Design Standards Allowances for Sub-area Design Guidelines incorporated into Update

7 C Increase Open Space Requirements

R Mandatory Open Space reqs in Multiple Res and RSL districts

3

Public Comments Comments 8 C Regulate Portable Storage Containers rather

than Prohibit them (Existing exception allows during construction)

R Present Question to City Council

9 Several Comments from Homebuilders Association of Central Arizona (HBACA)

R Received HBACA Comments this morning Will study each one carefully and prepare a response by end of month

7

Council Study Session Study Session June 17 2010 Attachment 3

Page 8 of 8

Questions

PlanninglnfoMesaAzgov

wwwMesaAzgov

8

Page 7: COUNCIL MINUTES - Mesa, AZ

Study Session June 17 2010 Page 7

implement a Security Plan concept similar to Tempes 1987 ordinance does not cut it today in terms of public resources Councilmember Kavanaugh added that the Committee and the MPD worked very hard to find a blend of a regulatory structure that serves the public and meets almost every objection that the AFMA has for its individual members to request a waiver

Council member Kavanaugh expressed support for staff moving ahead with the ordinance and said that the community cannot afford to continue devoting public resources in an area where crime prevention can make a safer environment for the workplace and a more successful business environment for the convenience store operators

Mayor Smith commented that he would feel more comfortable if the AFMA and its members focused their attention more on addressing the disproportionate amount of crime at convenience stores and less on the ordinance as being the problem

Rana Singh Sodhi an independent convenience store operator voiced concern regarding the increased costs that retailers would incur in order to maintain surveillance camera records for at least 30 calendar days He urged the Council to allow the retailers to work with the MPD to address the matter as opposed to implementing an ordinance that would penalize those stores who have few if any calls for service

Michael Rahls a liquor store operator stated that various elements of the proposed ordinance would impact his business including maintaining a clear unobstructed view through all windows assessing $250 to $500 fines per day if violations were not corrected and imposing registrationrenewal fees He also suggested that because many convenience store operators do not own the buildings in which their businesses are located perhaps the landlords should be involved in the process in order to respond to repairsnotices of violation

Councilmember Kavanaugh clarified that the Public Safety Committee previously agreed to eliminate any fee requirements and added that no fines would be imposed if a violation was corrected within 14 days

Additional discussion ensued relative to the fact that many of the convenience stores were voluntarily complying with some elements of the proposed ordinance but not all of them such as beer floor displays being secured between 200 am and 600 am daily that the waiver option would give the MPD more flexibility to work with smaller stores located in older buildings and that staff could create an individualized Security Plan so the business would be in compliance with the ordinance

Councilwoman Higgins recommended that the Council move forward with the proposed ordinance as long as the convenience store operator had the option to apply for a waiver

Mayor Smith acknowledged that he had not been as deeply involved in this issue as the Public Safety Committee He expressed concern however that the MPD identified the top 10 convenience stores that accounted for the most calls for service and yet proposed a Citywide ordinance that would apply to all similar businesses

Further discussion ensued relative to the fact that in 2007 the MPD conducted a crime prevention project and determined that theft was a significant Part 1 Crime with convenience stores being a high frequency generator that staff met with store owners to address the

Study Session June 17 2010 Page 8

problem and conducted CPTED evaluations that a particular convenience store chain was asked to implement certain crime prevention methods such as the netting of beer floor displays and the stores corporate headquarters refused to do so

Chief Milstead stated that if it were the direction of the Council that the MPD go back and work with the top 10 convenience stores to seek voluntary compliance staff would be happy to do so

Mayor Smith commented that he would have no problem with an ordinance that would impose a substantial fine if a store operator failed to implement specific crime prevention activities (ie securing beer floor displays between 200 am and 600 am)

Councilmember Kavanaugh concurred with Councilwoman Higgins suggestion of moving this issue forward He briefly summarized some of the key points solicited from the stakeholders today as follows 1) There should be a transition period for the convenience stores to come into compliance with the ordinance with six months being a reasonable length of time 2) The convenience store operators should be apprised that the registration fee was removed from the draft ordinance 3) Relative to maintaining the video recordings for at least 30 days an alternative option might be to maintain such data for 15 days and 4) The landlord of the building in which a convenience store is located should be involved in the process regarding repairs and notices of violation Councilmember Kavanaugh added that he hoped staff would prepare a draft ordinance and bring it back to the Council for further discussion and consideration

Mayor Smith stated that there appeared to be Council concurrence that staff move forward and prepare a draft convenience store ordinance He also urged that Ms Hart and Mr McCabe become involved in the process and added that certain convenience store retailers were not present today and appear to be unwilling to agree to voluntarily compliance

Vice Mayor Jones noted that the location and accessibility at certain times of alcohol must be addressed He also remarked that he was not supportive of the ordinance as currently written but would be willing to move it forward if it were modified to address many of the concerns expressed here today

Mayor Smith concurred with the comments of Vice Mayor Jones and said the matter should move forward since there has been such a long process to get to this point He noted however that he still had concerns with specific issues and preferred an ordinance that was not so broad based

Mayor Smith clarified that the Councils direction was for the MPD and the City Attorneys Office to prepare a draft convenience store ordinance He called for a vote

Carried unanimously

Mayor Smith further directed that staff solicit input from the stakeholders during the ordinance drafting process

Mayor Smith thanked everyone who participated in the extensive presentation and discussion

(Mayor Smith declared a short recess at 1050 am The Study Session resumed at 1057 am)

Study Session June 17 2010 Page 9

4 Acknowledge receipt of minutes of various boards and committees

Museum and Cultural Advisory Board meeting held May 12 2010

It was moved by Councilmember Somers seconded by Vice Mayor Jones that the above-listed minutes be acknowledged

Carried unanimously

5 Hear reports on meetings andor conferences attended

There were no reports on meetings andor conferences attended

6 Scheduling of meetings and general information

Deputy City Manager Jack Friedline stated that the meeting schedule is as follows

Thursday June 17 2010 Transportation amp Infrastructure Committee - Cancelled

Monday June 212010330 pm - Public Safety Committee

Monday June 212010 TBA - Study Session

Monday June 212010545 pm - Regular Council Meeting

Thursday June 24 2010 730 am - Study Session

Thursday July 1 2010 330 pm - Community amp Neighborhood Service Committee

Thursday July 12010 TBA - Study Session

Thursday July 12010545 pm - Regular Council Meeting

Tuesday and Wednesday July 2 and 3 2010 600 pm - Arizonas Celebration of Freedom

Tuesday July 62010400 pm -Audit amp Finance Committee

Thursday July 8 2010 TBA - Study Session

Thursday July 8 2010 545 pm - Regular Council Meeting

7 Items from citizens present

There were no items from citizens present

8 Convene an Executive Session

It was moved by Vice Mayor Jones seconded by Councilmember Somers that the Council adjourn the Study Session at 745 am and enter into an Executive Session

Study Session June 172010 Page 10

Mayor Smith declared the motion carried unanimously and an Executive Session was convened at 746 am

a Discussion or consultation with the City Attorney in order to consider the Citys position and instruct the City Attorney regarding the Citys position regarding contracts that are the subject of negotiations in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation (ARS sect38-43103A (4raquo Discussion or consultation with designated representatives of the City in order to consider the Citys position and instruct the Citys representatives regarding negotiations for the purchase sale or lease of real property (ARS sect38-43103A (7raquo

1 Fiesta District Police Substation 2 Larson v Mesa CV 2008-001010 3 Meet and Confer 4 Chicago Cubs Spring Training

9 Adjournment

Without objection the Study Session adjourned at 1115 am

SCOTT SMITH MAYOR

ATTEST

LINDA CROCKER CITY CLERK

I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Study Session of the City Council of Mesa Arizona held on the 17h day of June 2010 I further certify that the meeting was duly called and held and that a quorum was present

LINDA CROCKER CITY CLERK

pag (attachments - 3)

Study Session June 17 2010 Attachment 1

Page 1 of6

(~l bull~~

Crime Prevention Through Environmental Design (CPTED)

Convenience Store Ordinance

Presentation to City Council

June 17 2010

bullSeeking Direction

The Police Department is seeking direction from the City Council on

development of a new City ordinance governing convenience stores that would implement CPTED principles

1

Study Session June 17 2010 Attachment 1

Page 2of6

bullWhat is CPlED

A crime prevention philosophy based on the theory that proper design and effective use of the built environment can lead to a

reduction in crime

Background bull bull In June 2009 the Police Department gave a

presentation to the Public Safety Committee on a proposed CPTED ordinance and security plans

bull The Department met with key stakeholders

bull In March and May 2010 the department returned to the Public Safety Committee with refinements to the proposal

bull In MaYJ the Public Safety Committee recommended the proposal be b~ought to the full City Council for consideration

2

Study Session June 172010 Attachment 1

Page 3 of6

bullGoals To protect the health safety and welfare of the citizens of the City of Mesa by

bull Reducing crime and calls for service

bull Deterring crime through prevention

bull Increasing the successful prosecution of crime that occurs in convenience stores tn the city

bull Freeing up police resources

Statistics bullMESA CONVENIENCE STORES AT A GLANCE 2009

VCR THEFt$

I CFS PART 1 CRIMES

PART 1 ARRESTS

PART 2 ARRESTS

s_shylIFTS

OTHER THEFTS

I Citywide Totalgt I 3187elt1 18096 4 201117 4585 3330

I Tolalto shyConvenience Sto 81140 1747 184 476 15112 lt13

I Tolalf Top 10 110 576 76 134 546 Con~inc S~--

Percentage of Convennc 2_ 9 41 23 347 1_S Citywide

Pe~ofTop10

2~gt 183 IConvntCe $to to gt165 33_ 413 343 Total Convenncbullbullto

0 i prdna d $ubcltt tO Nnhcr f4w~d anMp---CFS ltitII COP TSISS call1~

- Othcr Ttl doa O[ ~tflvdt veJchr 8MI - CaeICuc Store dna i based 01 bull litlnI9~dcd br CriTIC PtClIlttion

I

3

Study Session June 17 2010 Attachment 1

Page 4 ot6

Proposal bull bull Require store registration

bull Annual

bull No registration fee

bull Display registration in stores

bull Penalties

bull Violations are civil offense

bull Warning for pt offense -- 14 days to correct

bull Fines of $250 - $500

(~l bull) pi Proposal

- Co

bull Police Department can inspect premises during business hours to ensure compliance

bull Surveillance cameras

bull Two color digital high resolution cameras inside the store

bull Two color or black and white digital high resolution cameras on the exterior of the building (parking lot andor gas pump area)

bull Maintain recorings for at least 30 calendar days

4

Study Session June 17 2010 Attachment 1

Page 50f6

Proposal bull Security

bull Provide-maintain-operate an alarm system

bull Silent panic or holdup alarm

bull Signage

bull Drop safe

bull Security signs and height markers

bull Maintain visibility - clear unobstructed view of cash register through all windows and public entrance doors

Proposal

bull Annual employee safety training

bull Trespass Enforcement Program participation - authorizes the police department to enforce all applicable trespass laws

bull Illumination of exterior entrances

bull Removal of graffiti within 48 hours

bull Beer coolers locked and beer floor displays secured 200 am to 600 am every day

5

Study Session June 17 2010 Attachment 1

Page 6 of6

Proposal bull bull Waiver option

bull Small stores in older buildings that may not be able to comply with the ordinance can apply to have a security plan in lieu of complying with elements of the ordinance

bull Stores in compliance but still experiencing high crime and excessive calls for service (beer runs robberies etc) could be requiredto comply with a security plan in addition to the ordinance

ouwn E

[sect6~ r~Ve Q

~ ~~Cgt Industry Concerns bull bull Stakeholders feel the new ordinance penalizes

all stores when the problem is limited to a very few

bull Stakeholders would like the City to pilot the new ordinance conducting an evaluation after an established time period to determine its effectiveness with the option of repealing the ordinance if it proves to be ineffective

6

Study Session June 17 2010

Law Of bees of Attachment 2

John K Mangum Pc Page 1 of 5

31B West Roosevelt Street Phoenix ArlZona 85003 (602) 252-5222 (602) 252-2508 (FAX)

To Chief Jo1m Meza

From Jo1m Mangum amp Trish Hart

Date June 102010

Re Mesa CPTED Ordinance

Cc Tim McCabe

o Urgent 0 For Review 0 Please Comment 0 Please Reply o Please Recycle

bull Comments

Based upon a complete review of the City ofMesa Proposed Convenience Store Ordinance Draft dated 4129110 the AFMA members asked us to present their issues and concerns with the draft The following list details those issues

Page 2

First paragraph line 6

Providing a penalty not to exceed $500 Based upon previous discussions on this issue we were told this language would be removed

Page 3

DEFINITIONS

Item 4middot Definition of Convenience Store

Our members are concerned that the definition as written does not apply to drug stores which also have late hours and sell the same type of products

Study Session June 17 2010 Attachment 2

Page 2 of 5

Page 4

AUTHORITY OF CHIEF

Will public hearings be held in connection with the drafting of the proposed rules for the CPTED ordinance Our clients would welcome the opportunity to be a part of those stakeholder meetings

Page 5

REGISTRATION REQUIRED FEES

b) Violation

Our clients are still extremely concerned about the fines structure As discussed In previous stakeholder meetings our clients believe a tiered fine structure would be a more appropriate manner in which to structure the fines associated with violations of the ordinance

c) Fee

Our clients would respectfully request this language taken out as it was agreed that there would not bea fee associated with this ordinance They believe if this language is kept in that a future council could add a fee at a later date We would also suggest that the City Attorney review ARS 9-50006 to determine if a fee would be allowed to be assessed

Page 9

SURVEILLANCE CAMERA SYSTEM VIDEO RECORDING AND STORAGE

1) Cameras

Our clients suggest the language should require cameras but not specifically detail in the language what type of picture must be produced They are concerned they could be found in violation for a pictureimage that does not specifically meet the standard as written In addition such a standard might preclude existing camera systems which wbuld result in the business owners having to purchase new equipment We believe the decision on what type of camera to purchase should be left to the store operator

bull Page 2

Study Session June 17 2010 Attachment 2

Page 3 of 5

Page 10

Subsection b) (3)

Change 30 days to either 2 weeks or 15 days

Our clients are concerned about the amount of video storage that stores would be required to have to store the required information The cost for storage is very expensive and will result in additional costs to the business owners In addition we would suggest that consideration be given to requiring the storage requirement to be limited to when an incident has occurred that required a police response

(4) Change 24 hours to1 week

Many store operators do not have the capability to make a copy of the required information without utilizing a third party provider to make the copy It can take 2-3 days to get a copy made to present to the Police We have also learned that only certain store employees have access to the digItal recordings so if that employee is out of town or away from the store a 24 hour timeframe would be a hardship on the store operator Our clients believe that one week would be a more appropriate timeframe

Page 11

STORE VISIBILITY

The small stores have significant issues with this section Many oOhe small stores are not configured in a way that would allow them to meet this requirement without significantly reducing their floor space or having to remodel the store If the store was forced to remodel in order to comply with these requirements it would be very costly especially to the small independent store operators

Page 11

EMPLOYEE SAFETY TRAINING TELEPHONE ACCESS

1) Training

Our clients have the following questions related to the training language

Does the training have to be annually Would it be possible to have an initial training and then a refresher course each year

bull Page 3

Study Session June 17 2010 Attachment 2

Page 4 of 5

Page 12

2) Requirement to be trained in a month

Most of the small stores do not have the ability to perform in store training For those stores that do not have in store training and plan to utilize the City of Mesa training will the City be available to train individuals on a monthly basis Perhaps the timeframe for training should be adjusted based upon the availbity of training

GENERAL SAFETY CONDITIONS

b) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

Page 13

(d) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

(e) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with installing locking mechanisms on the beer coolers

(f) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with netting beer displays and are not convinced that netting the beer displays will do much to reduce the beer runs

Other general concerns raised were

bull GrandfatheringCosts~ Our clients believe this ordinance should be applied in the Development Review Process If the ordinance is applied to new stores or is triggered when a store is remodeled the costs associated with complYIng could be built into the stores budget This ordinance will produce unplanned costs for stores that are already struggling in these tough economic times Our clients believe without grandfathering existing stores that the costs

bull Page4

Study Session June 17 2010 Attachment 2

Page 5 of 5

associated with compliance will be a significant burden to the store operators We are in the process of compiling an estimated cost per store for the implementation of the CPTED ordinance and we will provide you a copy as soon as it is available

bull Resources~ If our clients institutes all the practices in the ordinance will the City of Mesa allocate appropriate resources to respond for calls for service

bull Audit of Ordinance- Our clients would request that a review of the ordinance be completed within 1-2 years to evaluate the ordinance and determine if it is achieving the desired objectives If the ordinance is not meeting the objectives we would ask the City consider repealing the ordinance

We greatly appreciate your assistance with this issue and look forward to working together to find workable solutions If you have any questions please call Trish Hart or John Mangum at (602) 252-5222

bull Page 5

ouncil Study Session Study Session June 17 2010 Attachment 3

Page 1 of 8

~ -~ mesamiddotaz

Zoning Ordinance Update Progress Report

Public Comment Period

Presentation to

City Council Study Session

June 17 2010

~ -~ ~ Topical Public Workshops shy

Single Residence amp new RSL districtbull 412 Multiple Res amp General Landscapingbull 422 Commercial- Part 1 Retail amp Officebull 427 Commercial- Part 2 Transit Mixedbull 54 Use and Urban amp Parking Reqs

Industrial amp Telecomm Facilitiesbull 5113 Downtown and Infillbull 520

Single Residence RSLbull 52 5 Planned Area Developments amp

-Planned Community Districts

1

Council Study Session Study Session June 172010 Attachment 3

Page 2 of8

~=======-=----=======~

General Topic Public Workshops Superstition Community Room (CD-6) bull 61

bull 610 Fire Station 216 Community Room (CD-5)

Fire Station 206 Community Room (CD-2) bull 614 Fire Station 218 Community Room (CD-I) bull 615

Future Workshops bull June 29 Tuesday

Fire Station 202 Community Room (CD-4)

bull June 30 Wednesday La Casita Dobson Ranch (CD-3)

~ ~ BoardHearing Schedule bull Design Review Board

bull June 2 Recommendations Part 1

bull July 7 Recommendations - Part 2

bull Economic Development Advisory Board bull May 4 General OverviewChange Summary

bull Planning amp Zoning Board bull June 16 Public Hearing - Public Comments

bull July 21 Public Hearing Comments bull Prepare Revised Draft Zoning Ordinance bull August 18 Public Hearing - Recommendation

2

Council Study Session Study Session June 17 2010 Attachment 3

Page 30f8

Public Comments

Comments and Response

1 c Allow RV Parking in Single Residence Side Yards Longer than 30 Limit

R Allow 40 RVs on Lots Greater than 15000 sf keep at 30 for lots less than 15000 sf

2 C Allow Shallower Lots Depths in RS-6

R Adjust Min Lot Depth from 94 to 90

~ - __-

V-shy~~

Allowance of 40 RV in 15000 sf lot amp 30 RV in Lots less than 15000 sf

15000 sf Lot

-6000 sf Lot

RS-15 Lot House

t-

HouseIJIJ ~ II AAl-

JIPorch

I A

3

Council Study Session Study Session June 17 2010 Attachment 3

Page 4 of 8

Public Comments Comment and Response 3 C Allow Side Entry Garages to encroach into

Front Yard

R Present Options to PampZ Board and to City Council

4 C Reduce Options for Front or Rear Yard Encroachments - Too Dense R Leave as Proposed

5 C Encourage Underground Parking

R Density Bonus 7

Garage Placement in RS amp RSL

8

4

Council Study Session Study Session June 17 2010 Attachment 3

Page 5 of 8

Frant Entry v Garamiddot e Encroachment------==-=-

C oX Q)

ii E 9 -5

ltJ) (Q rJ) e OJ u

J2c

UJ c

middots -0

co ~ House ~ C

~ ~ -0 -0 House(Q ltJ)

~ o 0shye 0

I- M j~ Porch

---~U--I- - - - - r--- --- - - - - shy

9

~~====--=---~= =-=---==ide Entry Garages-l(om Front

5

Council Study Session Study Session June 17 2010 Attachment 3

Page 6 of8

11

ide Entry Garagesfr6mFront

12

6

Council Study Session Study Session June 172010 Attachment 3

Page 7 of 8

Public Comments Comments 6 C Raise Design Standards to Scottsdale Level

R Additional Design Standards Allowances for Sub-area Design Guidelines incorporated into Update

7 C Increase Open Space Requirements

R Mandatory Open Space reqs in Multiple Res and RSL districts

3

Public Comments Comments 8 C Regulate Portable Storage Containers rather

than Prohibit them (Existing exception allows during construction)

R Present Question to City Council

9 Several Comments from Homebuilders Association of Central Arizona (HBACA)

R Received HBACA Comments this morning Will study each one carefully and prepare a response by end of month

7

Council Study Session Study Session June 17 2010 Attachment 3

Page 8 of 8

Questions

PlanninglnfoMesaAzgov

wwwMesaAzgov

8

Page 8: COUNCIL MINUTES - Mesa, AZ

Study Session June 17 2010 Page 8

problem and conducted CPTED evaluations that a particular convenience store chain was asked to implement certain crime prevention methods such as the netting of beer floor displays and the stores corporate headquarters refused to do so

Chief Milstead stated that if it were the direction of the Council that the MPD go back and work with the top 10 convenience stores to seek voluntary compliance staff would be happy to do so

Mayor Smith commented that he would have no problem with an ordinance that would impose a substantial fine if a store operator failed to implement specific crime prevention activities (ie securing beer floor displays between 200 am and 600 am)

Councilmember Kavanaugh concurred with Councilwoman Higgins suggestion of moving this issue forward He briefly summarized some of the key points solicited from the stakeholders today as follows 1) There should be a transition period for the convenience stores to come into compliance with the ordinance with six months being a reasonable length of time 2) The convenience store operators should be apprised that the registration fee was removed from the draft ordinance 3) Relative to maintaining the video recordings for at least 30 days an alternative option might be to maintain such data for 15 days and 4) The landlord of the building in which a convenience store is located should be involved in the process regarding repairs and notices of violation Councilmember Kavanaugh added that he hoped staff would prepare a draft ordinance and bring it back to the Council for further discussion and consideration

Mayor Smith stated that there appeared to be Council concurrence that staff move forward and prepare a draft convenience store ordinance He also urged that Ms Hart and Mr McCabe become involved in the process and added that certain convenience store retailers were not present today and appear to be unwilling to agree to voluntarily compliance

Vice Mayor Jones noted that the location and accessibility at certain times of alcohol must be addressed He also remarked that he was not supportive of the ordinance as currently written but would be willing to move it forward if it were modified to address many of the concerns expressed here today

Mayor Smith concurred with the comments of Vice Mayor Jones and said the matter should move forward since there has been such a long process to get to this point He noted however that he still had concerns with specific issues and preferred an ordinance that was not so broad based

Mayor Smith clarified that the Councils direction was for the MPD and the City Attorneys Office to prepare a draft convenience store ordinance He called for a vote

Carried unanimously

Mayor Smith further directed that staff solicit input from the stakeholders during the ordinance drafting process

Mayor Smith thanked everyone who participated in the extensive presentation and discussion

(Mayor Smith declared a short recess at 1050 am The Study Session resumed at 1057 am)

Study Session June 17 2010 Page 9

4 Acknowledge receipt of minutes of various boards and committees

Museum and Cultural Advisory Board meeting held May 12 2010

It was moved by Councilmember Somers seconded by Vice Mayor Jones that the above-listed minutes be acknowledged

Carried unanimously

5 Hear reports on meetings andor conferences attended

There were no reports on meetings andor conferences attended

6 Scheduling of meetings and general information

Deputy City Manager Jack Friedline stated that the meeting schedule is as follows

Thursday June 17 2010 Transportation amp Infrastructure Committee - Cancelled

Monday June 212010330 pm - Public Safety Committee

Monday June 212010 TBA - Study Session

Monday June 212010545 pm - Regular Council Meeting

Thursday June 24 2010 730 am - Study Session

Thursday July 1 2010 330 pm - Community amp Neighborhood Service Committee

Thursday July 12010 TBA - Study Session

Thursday July 12010545 pm - Regular Council Meeting

Tuesday and Wednesday July 2 and 3 2010 600 pm - Arizonas Celebration of Freedom

Tuesday July 62010400 pm -Audit amp Finance Committee

Thursday July 8 2010 TBA - Study Session

Thursday July 8 2010 545 pm - Regular Council Meeting

7 Items from citizens present

There were no items from citizens present

8 Convene an Executive Session

It was moved by Vice Mayor Jones seconded by Councilmember Somers that the Council adjourn the Study Session at 745 am and enter into an Executive Session

Study Session June 172010 Page 10

Mayor Smith declared the motion carried unanimously and an Executive Session was convened at 746 am

a Discussion or consultation with the City Attorney in order to consider the Citys position and instruct the City Attorney regarding the Citys position regarding contracts that are the subject of negotiations in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation (ARS sect38-43103A (4raquo Discussion or consultation with designated representatives of the City in order to consider the Citys position and instruct the Citys representatives regarding negotiations for the purchase sale or lease of real property (ARS sect38-43103A (7raquo

1 Fiesta District Police Substation 2 Larson v Mesa CV 2008-001010 3 Meet and Confer 4 Chicago Cubs Spring Training

9 Adjournment

Without objection the Study Session adjourned at 1115 am

SCOTT SMITH MAYOR

ATTEST

LINDA CROCKER CITY CLERK

I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Study Session of the City Council of Mesa Arizona held on the 17h day of June 2010 I further certify that the meeting was duly called and held and that a quorum was present

LINDA CROCKER CITY CLERK

pag (attachments - 3)

Study Session June 17 2010 Attachment 1

Page 1 of6

(~l bull~~

Crime Prevention Through Environmental Design (CPTED)

Convenience Store Ordinance

Presentation to City Council

June 17 2010

bullSeeking Direction

The Police Department is seeking direction from the City Council on

development of a new City ordinance governing convenience stores that would implement CPTED principles

1

Study Session June 17 2010 Attachment 1

Page 2of6

bullWhat is CPlED

A crime prevention philosophy based on the theory that proper design and effective use of the built environment can lead to a

reduction in crime

Background bull bull In June 2009 the Police Department gave a

presentation to the Public Safety Committee on a proposed CPTED ordinance and security plans

bull The Department met with key stakeholders

bull In March and May 2010 the department returned to the Public Safety Committee with refinements to the proposal

bull In MaYJ the Public Safety Committee recommended the proposal be b~ought to the full City Council for consideration

2

Study Session June 172010 Attachment 1

Page 3 of6

bullGoals To protect the health safety and welfare of the citizens of the City of Mesa by

bull Reducing crime and calls for service

bull Deterring crime through prevention

bull Increasing the successful prosecution of crime that occurs in convenience stores tn the city

bull Freeing up police resources

Statistics bullMESA CONVENIENCE STORES AT A GLANCE 2009

VCR THEFt$

I CFS PART 1 CRIMES

PART 1 ARRESTS

PART 2 ARRESTS

s_shylIFTS

OTHER THEFTS

I Citywide Totalgt I 3187elt1 18096 4 201117 4585 3330

I Tolalto shyConvenience Sto 81140 1747 184 476 15112 lt13

I Tolalf Top 10 110 576 76 134 546 Con~inc S~--

Percentage of Convennc 2_ 9 41 23 347 1_S Citywide

Pe~ofTop10

2~gt 183 IConvntCe $to to gt165 33_ 413 343 Total Convenncbullbullto

0 i prdna d $ubcltt tO Nnhcr f4w~d anMp---CFS ltitII COP TSISS call1~

- Othcr Ttl doa O[ ~tflvdt veJchr 8MI - CaeICuc Store dna i based 01 bull litlnI9~dcd br CriTIC PtClIlttion

I

3

Study Session June 17 2010 Attachment 1

Page 4 ot6

Proposal bull bull Require store registration

bull Annual

bull No registration fee

bull Display registration in stores

bull Penalties

bull Violations are civil offense

bull Warning for pt offense -- 14 days to correct

bull Fines of $250 - $500

(~l bull) pi Proposal

- Co

bull Police Department can inspect premises during business hours to ensure compliance

bull Surveillance cameras

bull Two color digital high resolution cameras inside the store

bull Two color or black and white digital high resolution cameras on the exterior of the building (parking lot andor gas pump area)

bull Maintain recorings for at least 30 calendar days

4

Study Session June 17 2010 Attachment 1

Page 50f6

Proposal bull Security

bull Provide-maintain-operate an alarm system

bull Silent panic or holdup alarm

bull Signage

bull Drop safe

bull Security signs and height markers

bull Maintain visibility - clear unobstructed view of cash register through all windows and public entrance doors

Proposal

bull Annual employee safety training

bull Trespass Enforcement Program participation - authorizes the police department to enforce all applicable trespass laws

bull Illumination of exterior entrances

bull Removal of graffiti within 48 hours

bull Beer coolers locked and beer floor displays secured 200 am to 600 am every day

5

Study Session June 17 2010 Attachment 1

Page 6 of6

Proposal bull bull Waiver option

bull Small stores in older buildings that may not be able to comply with the ordinance can apply to have a security plan in lieu of complying with elements of the ordinance

bull Stores in compliance but still experiencing high crime and excessive calls for service (beer runs robberies etc) could be requiredto comply with a security plan in addition to the ordinance

ouwn E

[sect6~ r~Ve Q

~ ~~Cgt Industry Concerns bull bull Stakeholders feel the new ordinance penalizes

all stores when the problem is limited to a very few

bull Stakeholders would like the City to pilot the new ordinance conducting an evaluation after an established time period to determine its effectiveness with the option of repealing the ordinance if it proves to be ineffective

6

Study Session June 17 2010

Law Of bees of Attachment 2

John K Mangum Pc Page 1 of 5

31B West Roosevelt Street Phoenix ArlZona 85003 (602) 252-5222 (602) 252-2508 (FAX)

To Chief Jo1m Meza

From Jo1m Mangum amp Trish Hart

Date June 102010

Re Mesa CPTED Ordinance

Cc Tim McCabe

o Urgent 0 For Review 0 Please Comment 0 Please Reply o Please Recycle

bull Comments

Based upon a complete review of the City ofMesa Proposed Convenience Store Ordinance Draft dated 4129110 the AFMA members asked us to present their issues and concerns with the draft The following list details those issues

Page 2

First paragraph line 6

Providing a penalty not to exceed $500 Based upon previous discussions on this issue we were told this language would be removed

Page 3

DEFINITIONS

Item 4middot Definition of Convenience Store

Our members are concerned that the definition as written does not apply to drug stores which also have late hours and sell the same type of products

Study Session June 17 2010 Attachment 2

Page 2 of 5

Page 4

AUTHORITY OF CHIEF

Will public hearings be held in connection with the drafting of the proposed rules for the CPTED ordinance Our clients would welcome the opportunity to be a part of those stakeholder meetings

Page 5

REGISTRATION REQUIRED FEES

b) Violation

Our clients are still extremely concerned about the fines structure As discussed In previous stakeholder meetings our clients believe a tiered fine structure would be a more appropriate manner in which to structure the fines associated with violations of the ordinance

c) Fee

Our clients would respectfully request this language taken out as it was agreed that there would not bea fee associated with this ordinance They believe if this language is kept in that a future council could add a fee at a later date We would also suggest that the City Attorney review ARS 9-50006 to determine if a fee would be allowed to be assessed

Page 9

SURVEILLANCE CAMERA SYSTEM VIDEO RECORDING AND STORAGE

1) Cameras

Our clients suggest the language should require cameras but not specifically detail in the language what type of picture must be produced They are concerned they could be found in violation for a pictureimage that does not specifically meet the standard as written In addition such a standard might preclude existing camera systems which wbuld result in the business owners having to purchase new equipment We believe the decision on what type of camera to purchase should be left to the store operator

bull Page 2

Study Session June 17 2010 Attachment 2

Page 3 of 5

Page 10

Subsection b) (3)

Change 30 days to either 2 weeks or 15 days

Our clients are concerned about the amount of video storage that stores would be required to have to store the required information The cost for storage is very expensive and will result in additional costs to the business owners In addition we would suggest that consideration be given to requiring the storage requirement to be limited to when an incident has occurred that required a police response

(4) Change 24 hours to1 week

Many store operators do not have the capability to make a copy of the required information without utilizing a third party provider to make the copy It can take 2-3 days to get a copy made to present to the Police We have also learned that only certain store employees have access to the digItal recordings so if that employee is out of town or away from the store a 24 hour timeframe would be a hardship on the store operator Our clients believe that one week would be a more appropriate timeframe

Page 11

STORE VISIBILITY

The small stores have significant issues with this section Many oOhe small stores are not configured in a way that would allow them to meet this requirement without significantly reducing their floor space or having to remodel the store If the store was forced to remodel in order to comply with these requirements it would be very costly especially to the small independent store operators

Page 11

EMPLOYEE SAFETY TRAINING TELEPHONE ACCESS

1) Training

Our clients have the following questions related to the training language

Does the training have to be annually Would it be possible to have an initial training and then a refresher course each year

bull Page 3

Study Session June 17 2010 Attachment 2

Page 4 of 5

Page 12

2) Requirement to be trained in a month

Most of the small stores do not have the ability to perform in store training For those stores that do not have in store training and plan to utilize the City of Mesa training will the City be available to train individuals on a monthly basis Perhaps the timeframe for training should be adjusted based upon the availbity of training

GENERAL SAFETY CONDITIONS

b) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

Page 13

(d) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

(e) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with installing locking mechanisms on the beer coolers

(f) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with netting beer displays and are not convinced that netting the beer displays will do much to reduce the beer runs

Other general concerns raised were

bull GrandfatheringCosts~ Our clients believe this ordinance should be applied in the Development Review Process If the ordinance is applied to new stores or is triggered when a store is remodeled the costs associated with complYIng could be built into the stores budget This ordinance will produce unplanned costs for stores that are already struggling in these tough economic times Our clients believe without grandfathering existing stores that the costs

bull Page4

Study Session June 17 2010 Attachment 2

Page 5 of 5

associated with compliance will be a significant burden to the store operators We are in the process of compiling an estimated cost per store for the implementation of the CPTED ordinance and we will provide you a copy as soon as it is available

bull Resources~ If our clients institutes all the practices in the ordinance will the City of Mesa allocate appropriate resources to respond for calls for service

bull Audit of Ordinance- Our clients would request that a review of the ordinance be completed within 1-2 years to evaluate the ordinance and determine if it is achieving the desired objectives If the ordinance is not meeting the objectives we would ask the City consider repealing the ordinance

We greatly appreciate your assistance with this issue and look forward to working together to find workable solutions If you have any questions please call Trish Hart or John Mangum at (602) 252-5222

bull Page 5

ouncil Study Session Study Session June 17 2010 Attachment 3

Page 1 of 8

~ -~ mesamiddotaz

Zoning Ordinance Update Progress Report

Public Comment Period

Presentation to

City Council Study Session

June 17 2010

~ -~ ~ Topical Public Workshops shy

Single Residence amp new RSL districtbull 412 Multiple Res amp General Landscapingbull 422 Commercial- Part 1 Retail amp Officebull 427 Commercial- Part 2 Transit Mixedbull 54 Use and Urban amp Parking Reqs

Industrial amp Telecomm Facilitiesbull 5113 Downtown and Infillbull 520

Single Residence RSLbull 52 5 Planned Area Developments amp

-Planned Community Districts

1

Council Study Session Study Session June 172010 Attachment 3

Page 2 of8

~=======-=----=======~

General Topic Public Workshops Superstition Community Room (CD-6) bull 61

bull 610 Fire Station 216 Community Room (CD-5)

Fire Station 206 Community Room (CD-2) bull 614 Fire Station 218 Community Room (CD-I) bull 615

Future Workshops bull June 29 Tuesday

Fire Station 202 Community Room (CD-4)

bull June 30 Wednesday La Casita Dobson Ranch (CD-3)

~ ~ BoardHearing Schedule bull Design Review Board

bull June 2 Recommendations Part 1

bull July 7 Recommendations - Part 2

bull Economic Development Advisory Board bull May 4 General OverviewChange Summary

bull Planning amp Zoning Board bull June 16 Public Hearing - Public Comments

bull July 21 Public Hearing Comments bull Prepare Revised Draft Zoning Ordinance bull August 18 Public Hearing - Recommendation

2

Council Study Session Study Session June 17 2010 Attachment 3

Page 30f8

Public Comments

Comments and Response

1 c Allow RV Parking in Single Residence Side Yards Longer than 30 Limit

R Allow 40 RVs on Lots Greater than 15000 sf keep at 30 for lots less than 15000 sf

2 C Allow Shallower Lots Depths in RS-6

R Adjust Min Lot Depth from 94 to 90

~ - __-

V-shy~~

Allowance of 40 RV in 15000 sf lot amp 30 RV in Lots less than 15000 sf

15000 sf Lot

-6000 sf Lot

RS-15 Lot House

t-

HouseIJIJ ~ II AAl-

JIPorch

I A

3

Council Study Session Study Session June 17 2010 Attachment 3

Page 4 of 8

Public Comments Comment and Response 3 C Allow Side Entry Garages to encroach into

Front Yard

R Present Options to PampZ Board and to City Council

4 C Reduce Options for Front or Rear Yard Encroachments - Too Dense R Leave as Proposed

5 C Encourage Underground Parking

R Density Bonus 7

Garage Placement in RS amp RSL

8

4

Council Study Session Study Session June 17 2010 Attachment 3

Page 5 of 8

Frant Entry v Garamiddot e Encroachment------==-=-

C oX Q)

ii E 9 -5

ltJ) (Q rJ) e OJ u

J2c

UJ c

middots -0

co ~ House ~ C

~ ~ -0 -0 House(Q ltJ)

~ o 0shye 0

I- M j~ Porch

---~U--I- - - - - r--- --- - - - - shy

9

~~====--=---~= =-=---==ide Entry Garages-l(om Front

5

Council Study Session Study Session June 17 2010 Attachment 3

Page 6 of8

11

ide Entry Garagesfr6mFront

12

6

Council Study Session Study Session June 172010 Attachment 3

Page 7 of 8

Public Comments Comments 6 C Raise Design Standards to Scottsdale Level

R Additional Design Standards Allowances for Sub-area Design Guidelines incorporated into Update

7 C Increase Open Space Requirements

R Mandatory Open Space reqs in Multiple Res and RSL districts

3

Public Comments Comments 8 C Regulate Portable Storage Containers rather

than Prohibit them (Existing exception allows during construction)

R Present Question to City Council

9 Several Comments from Homebuilders Association of Central Arizona (HBACA)

R Received HBACA Comments this morning Will study each one carefully and prepare a response by end of month

7

Council Study Session Study Session June 17 2010 Attachment 3

Page 8 of 8

Questions

PlanninglnfoMesaAzgov

wwwMesaAzgov

8

Page 9: COUNCIL MINUTES - Mesa, AZ

Study Session June 17 2010 Page 9

4 Acknowledge receipt of minutes of various boards and committees

Museum and Cultural Advisory Board meeting held May 12 2010

It was moved by Councilmember Somers seconded by Vice Mayor Jones that the above-listed minutes be acknowledged

Carried unanimously

5 Hear reports on meetings andor conferences attended

There were no reports on meetings andor conferences attended

6 Scheduling of meetings and general information

Deputy City Manager Jack Friedline stated that the meeting schedule is as follows

Thursday June 17 2010 Transportation amp Infrastructure Committee - Cancelled

Monday June 212010330 pm - Public Safety Committee

Monday June 212010 TBA - Study Session

Monday June 212010545 pm - Regular Council Meeting

Thursday June 24 2010 730 am - Study Session

Thursday July 1 2010 330 pm - Community amp Neighborhood Service Committee

Thursday July 12010 TBA - Study Session

Thursday July 12010545 pm - Regular Council Meeting

Tuesday and Wednesday July 2 and 3 2010 600 pm - Arizonas Celebration of Freedom

Tuesday July 62010400 pm -Audit amp Finance Committee

Thursday July 8 2010 TBA - Study Session

Thursday July 8 2010 545 pm - Regular Council Meeting

7 Items from citizens present

There were no items from citizens present

8 Convene an Executive Session

It was moved by Vice Mayor Jones seconded by Councilmember Somers that the Council adjourn the Study Session at 745 am and enter into an Executive Session

Study Session June 172010 Page 10

Mayor Smith declared the motion carried unanimously and an Executive Session was convened at 746 am

a Discussion or consultation with the City Attorney in order to consider the Citys position and instruct the City Attorney regarding the Citys position regarding contracts that are the subject of negotiations in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation (ARS sect38-43103A (4raquo Discussion or consultation with designated representatives of the City in order to consider the Citys position and instruct the Citys representatives regarding negotiations for the purchase sale or lease of real property (ARS sect38-43103A (7raquo

1 Fiesta District Police Substation 2 Larson v Mesa CV 2008-001010 3 Meet and Confer 4 Chicago Cubs Spring Training

9 Adjournment

Without objection the Study Session adjourned at 1115 am

SCOTT SMITH MAYOR

ATTEST

LINDA CROCKER CITY CLERK

I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Study Session of the City Council of Mesa Arizona held on the 17h day of June 2010 I further certify that the meeting was duly called and held and that a quorum was present

LINDA CROCKER CITY CLERK

pag (attachments - 3)

Study Session June 17 2010 Attachment 1

Page 1 of6

(~l bull~~

Crime Prevention Through Environmental Design (CPTED)

Convenience Store Ordinance

Presentation to City Council

June 17 2010

bullSeeking Direction

The Police Department is seeking direction from the City Council on

development of a new City ordinance governing convenience stores that would implement CPTED principles

1

Study Session June 17 2010 Attachment 1

Page 2of6

bullWhat is CPlED

A crime prevention philosophy based on the theory that proper design and effective use of the built environment can lead to a

reduction in crime

Background bull bull In June 2009 the Police Department gave a

presentation to the Public Safety Committee on a proposed CPTED ordinance and security plans

bull The Department met with key stakeholders

bull In March and May 2010 the department returned to the Public Safety Committee with refinements to the proposal

bull In MaYJ the Public Safety Committee recommended the proposal be b~ought to the full City Council for consideration

2

Study Session June 172010 Attachment 1

Page 3 of6

bullGoals To protect the health safety and welfare of the citizens of the City of Mesa by

bull Reducing crime and calls for service

bull Deterring crime through prevention

bull Increasing the successful prosecution of crime that occurs in convenience stores tn the city

bull Freeing up police resources

Statistics bullMESA CONVENIENCE STORES AT A GLANCE 2009

VCR THEFt$

I CFS PART 1 CRIMES

PART 1 ARRESTS

PART 2 ARRESTS

s_shylIFTS

OTHER THEFTS

I Citywide Totalgt I 3187elt1 18096 4 201117 4585 3330

I Tolalto shyConvenience Sto 81140 1747 184 476 15112 lt13

I Tolalf Top 10 110 576 76 134 546 Con~inc S~--

Percentage of Convennc 2_ 9 41 23 347 1_S Citywide

Pe~ofTop10

2~gt 183 IConvntCe $to to gt165 33_ 413 343 Total Convenncbullbullto

0 i prdna d $ubcltt tO Nnhcr f4w~d anMp---CFS ltitII COP TSISS call1~

- Othcr Ttl doa O[ ~tflvdt veJchr 8MI - CaeICuc Store dna i based 01 bull litlnI9~dcd br CriTIC PtClIlttion

I

3

Study Session June 17 2010 Attachment 1

Page 4 ot6

Proposal bull bull Require store registration

bull Annual

bull No registration fee

bull Display registration in stores

bull Penalties

bull Violations are civil offense

bull Warning for pt offense -- 14 days to correct

bull Fines of $250 - $500

(~l bull) pi Proposal

- Co

bull Police Department can inspect premises during business hours to ensure compliance

bull Surveillance cameras

bull Two color digital high resolution cameras inside the store

bull Two color or black and white digital high resolution cameras on the exterior of the building (parking lot andor gas pump area)

bull Maintain recorings for at least 30 calendar days

4

Study Session June 17 2010 Attachment 1

Page 50f6

Proposal bull Security

bull Provide-maintain-operate an alarm system

bull Silent panic or holdup alarm

bull Signage

bull Drop safe

bull Security signs and height markers

bull Maintain visibility - clear unobstructed view of cash register through all windows and public entrance doors

Proposal

bull Annual employee safety training

bull Trespass Enforcement Program participation - authorizes the police department to enforce all applicable trespass laws

bull Illumination of exterior entrances

bull Removal of graffiti within 48 hours

bull Beer coolers locked and beer floor displays secured 200 am to 600 am every day

5

Study Session June 17 2010 Attachment 1

Page 6 of6

Proposal bull bull Waiver option

bull Small stores in older buildings that may not be able to comply with the ordinance can apply to have a security plan in lieu of complying with elements of the ordinance

bull Stores in compliance but still experiencing high crime and excessive calls for service (beer runs robberies etc) could be requiredto comply with a security plan in addition to the ordinance

ouwn E

[sect6~ r~Ve Q

~ ~~Cgt Industry Concerns bull bull Stakeholders feel the new ordinance penalizes

all stores when the problem is limited to a very few

bull Stakeholders would like the City to pilot the new ordinance conducting an evaluation after an established time period to determine its effectiveness with the option of repealing the ordinance if it proves to be ineffective

6

Study Session June 17 2010

Law Of bees of Attachment 2

John K Mangum Pc Page 1 of 5

31B West Roosevelt Street Phoenix ArlZona 85003 (602) 252-5222 (602) 252-2508 (FAX)

To Chief Jo1m Meza

From Jo1m Mangum amp Trish Hart

Date June 102010

Re Mesa CPTED Ordinance

Cc Tim McCabe

o Urgent 0 For Review 0 Please Comment 0 Please Reply o Please Recycle

bull Comments

Based upon a complete review of the City ofMesa Proposed Convenience Store Ordinance Draft dated 4129110 the AFMA members asked us to present their issues and concerns with the draft The following list details those issues

Page 2

First paragraph line 6

Providing a penalty not to exceed $500 Based upon previous discussions on this issue we were told this language would be removed

Page 3

DEFINITIONS

Item 4middot Definition of Convenience Store

Our members are concerned that the definition as written does not apply to drug stores which also have late hours and sell the same type of products

Study Session June 17 2010 Attachment 2

Page 2 of 5

Page 4

AUTHORITY OF CHIEF

Will public hearings be held in connection with the drafting of the proposed rules for the CPTED ordinance Our clients would welcome the opportunity to be a part of those stakeholder meetings

Page 5

REGISTRATION REQUIRED FEES

b) Violation

Our clients are still extremely concerned about the fines structure As discussed In previous stakeholder meetings our clients believe a tiered fine structure would be a more appropriate manner in which to structure the fines associated with violations of the ordinance

c) Fee

Our clients would respectfully request this language taken out as it was agreed that there would not bea fee associated with this ordinance They believe if this language is kept in that a future council could add a fee at a later date We would also suggest that the City Attorney review ARS 9-50006 to determine if a fee would be allowed to be assessed

Page 9

SURVEILLANCE CAMERA SYSTEM VIDEO RECORDING AND STORAGE

1) Cameras

Our clients suggest the language should require cameras but not specifically detail in the language what type of picture must be produced They are concerned they could be found in violation for a pictureimage that does not specifically meet the standard as written In addition such a standard might preclude existing camera systems which wbuld result in the business owners having to purchase new equipment We believe the decision on what type of camera to purchase should be left to the store operator

bull Page 2

Study Session June 17 2010 Attachment 2

Page 3 of 5

Page 10

Subsection b) (3)

Change 30 days to either 2 weeks or 15 days

Our clients are concerned about the amount of video storage that stores would be required to have to store the required information The cost for storage is very expensive and will result in additional costs to the business owners In addition we would suggest that consideration be given to requiring the storage requirement to be limited to when an incident has occurred that required a police response

(4) Change 24 hours to1 week

Many store operators do not have the capability to make a copy of the required information without utilizing a third party provider to make the copy It can take 2-3 days to get a copy made to present to the Police We have also learned that only certain store employees have access to the digItal recordings so if that employee is out of town or away from the store a 24 hour timeframe would be a hardship on the store operator Our clients believe that one week would be a more appropriate timeframe

Page 11

STORE VISIBILITY

The small stores have significant issues with this section Many oOhe small stores are not configured in a way that would allow them to meet this requirement without significantly reducing their floor space or having to remodel the store If the store was forced to remodel in order to comply with these requirements it would be very costly especially to the small independent store operators

Page 11

EMPLOYEE SAFETY TRAINING TELEPHONE ACCESS

1) Training

Our clients have the following questions related to the training language

Does the training have to be annually Would it be possible to have an initial training and then a refresher course each year

bull Page 3

Study Session June 17 2010 Attachment 2

Page 4 of 5

Page 12

2) Requirement to be trained in a month

Most of the small stores do not have the ability to perform in store training For those stores that do not have in store training and plan to utilize the City of Mesa training will the City be available to train individuals on a monthly basis Perhaps the timeframe for training should be adjusted based upon the availbity of training

GENERAL SAFETY CONDITIONS

b) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

Page 13

(d) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

(e) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with installing locking mechanisms on the beer coolers

(f) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with netting beer displays and are not convinced that netting the beer displays will do much to reduce the beer runs

Other general concerns raised were

bull GrandfatheringCosts~ Our clients believe this ordinance should be applied in the Development Review Process If the ordinance is applied to new stores or is triggered when a store is remodeled the costs associated with complYIng could be built into the stores budget This ordinance will produce unplanned costs for stores that are already struggling in these tough economic times Our clients believe without grandfathering existing stores that the costs

bull Page4

Study Session June 17 2010 Attachment 2

Page 5 of 5

associated with compliance will be a significant burden to the store operators We are in the process of compiling an estimated cost per store for the implementation of the CPTED ordinance and we will provide you a copy as soon as it is available

bull Resources~ If our clients institutes all the practices in the ordinance will the City of Mesa allocate appropriate resources to respond for calls for service

bull Audit of Ordinance- Our clients would request that a review of the ordinance be completed within 1-2 years to evaluate the ordinance and determine if it is achieving the desired objectives If the ordinance is not meeting the objectives we would ask the City consider repealing the ordinance

We greatly appreciate your assistance with this issue and look forward to working together to find workable solutions If you have any questions please call Trish Hart or John Mangum at (602) 252-5222

bull Page 5

ouncil Study Session Study Session June 17 2010 Attachment 3

Page 1 of 8

~ -~ mesamiddotaz

Zoning Ordinance Update Progress Report

Public Comment Period

Presentation to

City Council Study Session

June 17 2010

~ -~ ~ Topical Public Workshops shy

Single Residence amp new RSL districtbull 412 Multiple Res amp General Landscapingbull 422 Commercial- Part 1 Retail amp Officebull 427 Commercial- Part 2 Transit Mixedbull 54 Use and Urban amp Parking Reqs

Industrial amp Telecomm Facilitiesbull 5113 Downtown and Infillbull 520

Single Residence RSLbull 52 5 Planned Area Developments amp

-Planned Community Districts

1

Council Study Session Study Session June 172010 Attachment 3

Page 2 of8

~=======-=----=======~

General Topic Public Workshops Superstition Community Room (CD-6) bull 61

bull 610 Fire Station 216 Community Room (CD-5)

Fire Station 206 Community Room (CD-2) bull 614 Fire Station 218 Community Room (CD-I) bull 615

Future Workshops bull June 29 Tuesday

Fire Station 202 Community Room (CD-4)

bull June 30 Wednesday La Casita Dobson Ranch (CD-3)

~ ~ BoardHearing Schedule bull Design Review Board

bull June 2 Recommendations Part 1

bull July 7 Recommendations - Part 2

bull Economic Development Advisory Board bull May 4 General OverviewChange Summary

bull Planning amp Zoning Board bull June 16 Public Hearing - Public Comments

bull July 21 Public Hearing Comments bull Prepare Revised Draft Zoning Ordinance bull August 18 Public Hearing - Recommendation

2

Council Study Session Study Session June 17 2010 Attachment 3

Page 30f8

Public Comments

Comments and Response

1 c Allow RV Parking in Single Residence Side Yards Longer than 30 Limit

R Allow 40 RVs on Lots Greater than 15000 sf keep at 30 for lots less than 15000 sf

2 C Allow Shallower Lots Depths in RS-6

R Adjust Min Lot Depth from 94 to 90

~ - __-

V-shy~~

Allowance of 40 RV in 15000 sf lot amp 30 RV in Lots less than 15000 sf

15000 sf Lot

-6000 sf Lot

RS-15 Lot House

t-

HouseIJIJ ~ II AAl-

JIPorch

I A

3

Council Study Session Study Session June 17 2010 Attachment 3

Page 4 of 8

Public Comments Comment and Response 3 C Allow Side Entry Garages to encroach into

Front Yard

R Present Options to PampZ Board and to City Council

4 C Reduce Options for Front or Rear Yard Encroachments - Too Dense R Leave as Proposed

5 C Encourage Underground Parking

R Density Bonus 7

Garage Placement in RS amp RSL

8

4

Council Study Session Study Session June 17 2010 Attachment 3

Page 5 of 8

Frant Entry v Garamiddot e Encroachment------==-=-

C oX Q)

ii E 9 -5

ltJ) (Q rJ) e OJ u

J2c

UJ c

middots -0

co ~ House ~ C

~ ~ -0 -0 House(Q ltJ)

~ o 0shye 0

I- M j~ Porch

---~U--I- - - - - r--- --- - - - - shy

9

~~====--=---~= =-=---==ide Entry Garages-l(om Front

5

Council Study Session Study Session June 17 2010 Attachment 3

Page 6 of8

11

ide Entry Garagesfr6mFront

12

6

Council Study Session Study Session June 172010 Attachment 3

Page 7 of 8

Public Comments Comments 6 C Raise Design Standards to Scottsdale Level

R Additional Design Standards Allowances for Sub-area Design Guidelines incorporated into Update

7 C Increase Open Space Requirements

R Mandatory Open Space reqs in Multiple Res and RSL districts

3

Public Comments Comments 8 C Regulate Portable Storage Containers rather

than Prohibit them (Existing exception allows during construction)

R Present Question to City Council

9 Several Comments from Homebuilders Association of Central Arizona (HBACA)

R Received HBACA Comments this morning Will study each one carefully and prepare a response by end of month

7

Council Study Session Study Session June 17 2010 Attachment 3

Page 8 of 8

Questions

PlanninglnfoMesaAzgov

wwwMesaAzgov

8

Page 10: COUNCIL MINUTES - Mesa, AZ

Study Session June 172010 Page 10

Mayor Smith declared the motion carried unanimously and an Executive Session was convened at 746 am

a Discussion or consultation with the City Attorney in order to consider the Citys position and instruct the City Attorney regarding the Citys position regarding contracts that are the subject of negotiations in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation (ARS sect38-43103A (4raquo Discussion or consultation with designated representatives of the City in order to consider the Citys position and instruct the Citys representatives regarding negotiations for the purchase sale or lease of real property (ARS sect38-43103A (7raquo

1 Fiesta District Police Substation 2 Larson v Mesa CV 2008-001010 3 Meet and Confer 4 Chicago Cubs Spring Training

9 Adjournment

Without objection the Study Session adjourned at 1115 am

SCOTT SMITH MAYOR

ATTEST

LINDA CROCKER CITY CLERK

I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Study Session of the City Council of Mesa Arizona held on the 17h day of June 2010 I further certify that the meeting was duly called and held and that a quorum was present

LINDA CROCKER CITY CLERK

pag (attachments - 3)

Study Session June 17 2010 Attachment 1

Page 1 of6

(~l bull~~

Crime Prevention Through Environmental Design (CPTED)

Convenience Store Ordinance

Presentation to City Council

June 17 2010

bullSeeking Direction

The Police Department is seeking direction from the City Council on

development of a new City ordinance governing convenience stores that would implement CPTED principles

1

Study Session June 17 2010 Attachment 1

Page 2of6

bullWhat is CPlED

A crime prevention philosophy based on the theory that proper design and effective use of the built environment can lead to a

reduction in crime

Background bull bull In June 2009 the Police Department gave a

presentation to the Public Safety Committee on a proposed CPTED ordinance and security plans

bull The Department met with key stakeholders

bull In March and May 2010 the department returned to the Public Safety Committee with refinements to the proposal

bull In MaYJ the Public Safety Committee recommended the proposal be b~ought to the full City Council for consideration

2

Study Session June 172010 Attachment 1

Page 3 of6

bullGoals To protect the health safety and welfare of the citizens of the City of Mesa by

bull Reducing crime and calls for service

bull Deterring crime through prevention

bull Increasing the successful prosecution of crime that occurs in convenience stores tn the city

bull Freeing up police resources

Statistics bullMESA CONVENIENCE STORES AT A GLANCE 2009

VCR THEFt$

I CFS PART 1 CRIMES

PART 1 ARRESTS

PART 2 ARRESTS

s_shylIFTS

OTHER THEFTS

I Citywide Totalgt I 3187elt1 18096 4 201117 4585 3330

I Tolalto shyConvenience Sto 81140 1747 184 476 15112 lt13

I Tolalf Top 10 110 576 76 134 546 Con~inc S~--

Percentage of Convennc 2_ 9 41 23 347 1_S Citywide

Pe~ofTop10

2~gt 183 IConvntCe $to to gt165 33_ 413 343 Total Convenncbullbullto

0 i prdna d $ubcltt tO Nnhcr f4w~d anMp---CFS ltitII COP TSISS call1~

- Othcr Ttl doa O[ ~tflvdt veJchr 8MI - CaeICuc Store dna i based 01 bull litlnI9~dcd br CriTIC PtClIlttion

I

3

Study Session June 17 2010 Attachment 1

Page 4 ot6

Proposal bull bull Require store registration

bull Annual

bull No registration fee

bull Display registration in stores

bull Penalties

bull Violations are civil offense

bull Warning for pt offense -- 14 days to correct

bull Fines of $250 - $500

(~l bull) pi Proposal

- Co

bull Police Department can inspect premises during business hours to ensure compliance

bull Surveillance cameras

bull Two color digital high resolution cameras inside the store

bull Two color or black and white digital high resolution cameras on the exterior of the building (parking lot andor gas pump area)

bull Maintain recorings for at least 30 calendar days

4

Study Session June 17 2010 Attachment 1

Page 50f6

Proposal bull Security

bull Provide-maintain-operate an alarm system

bull Silent panic or holdup alarm

bull Signage

bull Drop safe

bull Security signs and height markers

bull Maintain visibility - clear unobstructed view of cash register through all windows and public entrance doors

Proposal

bull Annual employee safety training

bull Trespass Enforcement Program participation - authorizes the police department to enforce all applicable trespass laws

bull Illumination of exterior entrances

bull Removal of graffiti within 48 hours

bull Beer coolers locked and beer floor displays secured 200 am to 600 am every day

5

Study Session June 17 2010 Attachment 1

Page 6 of6

Proposal bull bull Waiver option

bull Small stores in older buildings that may not be able to comply with the ordinance can apply to have a security plan in lieu of complying with elements of the ordinance

bull Stores in compliance but still experiencing high crime and excessive calls for service (beer runs robberies etc) could be requiredto comply with a security plan in addition to the ordinance

ouwn E

[sect6~ r~Ve Q

~ ~~Cgt Industry Concerns bull bull Stakeholders feel the new ordinance penalizes

all stores when the problem is limited to a very few

bull Stakeholders would like the City to pilot the new ordinance conducting an evaluation after an established time period to determine its effectiveness with the option of repealing the ordinance if it proves to be ineffective

6

Study Session June 17 2010

Law Of bees of Attachment 2

John K Mangum Pc Page 1 of 5

31B West Roosevelt Street Phoenix ArlZona 85003 (602) 252-5222 (602) 252-2508 (FAX)

To Chief Jo1m Meza

From Jo1m Mangum amp Trish Hart

Date June 102010

Re Mesa CPTED Ordinance

Cc Tim McCabe

o Urgent 0 For Review 0 Please Comment 0 Please Reply o Please Recycle

bull Comments

Based upon a complete review of the City ofMesa Proposed Convenience Store Ordinance Draft dated 4129110 the AFMA members asked us to present their issues and concerns with the draft The following list details those issues

Page 2

First paragraph line 6

Providing a penalty not to exceed $500 Based upon previous discussions on this issue we were told this language would be removed

Page 3

DEFINITIONS

Item 4middot Definition of Convenience Store

Our members are concerned that the definition as written does not apply to drug stores which also have late hours and sell the same type of products

Study Session June 17 2010 Attachment 2

Page 2 of 5

Page 4

AUTHORITY OF CHIEF

Will public hearings be held in connection with the drafting of the proposed rules for the CPTED ordinance Our clients would welcome the opportunity to be a part of those stakeholder meetings

Page 5

REGISTRATION REQUIRED FEES

b) Violation

Our clients are still extremely concerned about the fines structure As discussed In previous stakeholder meetings our clients believe a tiered fine structure would be a more appropriate manner in which to structure the fines associated with violations of the ordinance

c) Fee

Our clients would respectfully request this language taken out as it was agreed that there would not bea fee associated with this ordinance They believe if this language is kept in that a future council could add a fee at a later date We would also suggest that the City Attorney review ARS 9-50006 to determine if a fee would be allowed to be assessed

Page 9

SURVEILLANCE CAMERA SYSTEM VIDEO RECORDING AND STORAGE

1) Cameras

Our clients suggest the language should require cameras but not specifically detail in the language what type of picture must be produced They are concerned they could be found in violation for a pictureimage that does not specifically meet the standard as written In addition such a standard might preclude existing camera systems which wbuld result in the business owners having to purchase new equipment We believe the decision on what type of camera to purchase should be left to the store operator

bull Page 2

Study Session June 17 2010 Attachment 2

Page 3 of 5

Page 10

Subsection b) (3)

Change 30 days to either 2 weeks or 15 days

Our clients are concerned about the amount of video storage that stores would be required to have to store the required information The cost for storage is very expensive and will result in additional costs to the business owners In addition we would suggest that consideration be given to requiring the storage requirement to be limited to when an incident has occurred that required a police response

(4) Change 24 hours to1 week

Many store operators do not have the capability to make a copy of the required information without utilizing a third party provider to make the copy It can take 2-3 days to get a copy made to present to the Police We have also learned that only certain store employees have access to the digItal recordings so if that employee is out of town or away from the store a 24 hour timeframe would be a hardship on the store operator Our clients believe that one week would be a more appropriate timeframe

Page 11

STORE VISIBILITY

The small stores have significant issues with this section Many oOhe small stores are not configured in a way that would allow them to meet this requirement without significantly reducing their floor space or having to remodel the store If the store was forced to remodel in order to comply with these requirements it would be very costly especially to the small independent store operators

Page 11

EMPLOYEE SAFETY TRAINING TELEPHONE ACCESS

1) Training

Our clients have the following questions related to the training language

Does the training have to be annually Would it be possible to have an initial training and then a refresher course each year

bull Page 3

Study Session June 17 2010 Attachment 2

Page 4 of 5

Page 12

2) Requirement to be trained in a month

Most of the small stores do not have the ability to perform in store training For those stores that do not have in store training and plan to utilize the City of Mesa training will the City be available to train individuals on a monthly basis Perhaps the timeframe for training should be adjusted based upon the availbity of training

GENERAL SAFETY CONDITIONS

b) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

Page 13

(d) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

(e) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with installing locking mechanisms on the beer coolers

(f) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with netting beer displays and are not convinced that netting the beer displays will do much to reduce the beer runs

Other general concerns raised were

bull GrandfatheringCosts~ Our clients believe this ordinance should be applied in the Development Review Process If the ordinance is applied to new stores or is triggered when a store is remodeled the costs associated with complYIng could be built into the stores budget This ordinance will produce unplanned costs for stores that are already struggling in these tough economic times Our clients believe without grandfathering existing stores that the costs

bull Page4

Study Session June 17 2010 Attachment 2

Page 5 of 5

associated with compliance will be a significant burden to the store operators We are in the process of compiling an estimated cost per store for the implementation of the CPTED ordinance and we will provide you a copy as soon as it is available

bull Resources~ If our clients institutes all the practices in the ordinance will the City of Mesa allocate appropriate resources to respond for calls for service

bull Audit of Ordinance- Our clients would request that a review of the ordinance be completed within 1-2 years to evaluate the ordinance and determine if it is achieving the desired objectives If the ordinance is not meeting the objectives we would ask the City consider repealing the ordinance

We greatly appreciate your assistance with this issue and look forward to working together to find workable solutions If you have any questions please call Trish Hart or John Mangum at (602) 252-5222

bull Page 5

ouncil Study Session Study Session June 17 2010 Attachment 3

Page 1 of 8

~ -~ mesamiddotaz

Zoning Ordinance Update Progress Report

Public Comment Period

Presentation to

City Council Study Session

June 17 2010

~ -~ ~ Topical Public Workshops shy

Single Residence amp new RSL districtbull 412 Multiple Res amp General Landscapingbull 422 Commercial- Part 1 Retail amp Officebull 427 Commercial- Part 2 Transit Mixedbull 54 Use and Urban amp Parking Reqs

Industrial amp Telecomm Facilitiesbull 5113 Downtown and Infillbull 520

Single Residence RSLbull 52 5 Planned Area Developments amp

-Planned Community Districts

1

Council Study Session Study Session June 172010 Attachment 3

Page 2 of8

~=======-=----=======~

General Topic Public Workshops Superstition Community Room (CD-6) bull 61

bull 610 Fire Station 216 Community Room (CD-5)

Fire Station 206 Community Room (CD-2) bull 614 Fire Station 218 Community Room (CD-I) bull 615

Future Workshops bull June 29 Tuesday

Fire Station 202 Community Room (CD-4)

bull June 30 Wednesday La Casita Dobson Ranch (CD-3)

~ ~ BoardHearing Schedule bull Design Review Board

bull June 2 Recommendations Part 1

bull July 7 Recommendations - Part 2

bull Economic Development Advisory Board bull May 4 General OverviewChange Summary

bull Planning amp Zoning Board bull June 16 Public Hearing - Public Comments

bull July 21 Public Hearing Comments bull Prepare Revised Draft Zoning Ordinance bull August 18 Public Hearing - Recommendation

2

Council Study Session Study Session June 17 2010 Attachment 3

Page 30f8

Public Comments

Comments and Response

1 c Allow RV Parking in Single Residence Side Yards Longer than 30 Limit

R Allow 40 RVs on Lots Greater than 15000 sf keep at 30 for lots less than 15000 sf

2 C Allow Shallower Lots Depths in RS-6

R Adjust Min Lot Depth from 94 to 90

~ - __-

V-shy~~

Allowance of 40 RV in 15000 sf lot amp 30 RV in Lots less than 15000 sf

15000 sf Lot

-6000 sf Lot

RS-15 Lot House

t-

HouseIJIJ ~ II AAl-

JIPorch

I A

3

Council Study Session Study Session June 17 2010 Attachment 3

Page 4 of 8

Public Comments Comment and Response 3 C Allow Side Entry Garages to encroach into

Front Yard

R Present Options to PampZ Board and to City Council

4 C Reduce Options for Front or Rear Yard Encroachments - Too Dense R Leave as Proposed

5 C Encourage Underground Parking

R Density Bonus 7

Garage Placement in RS amp RSL

8

4

Council Study Session Study Session June 17 2010 Attachment 3

Page 5 of 8

Frant Entry v Garamiddot e Encroachment------==-=-

C oX Q)

ii E 9 -5

ltJ) (Q rJ) e OJ u

J2c

UJ c

middots -0

co ~ House ~ C

~ ~ -0 -0 House(Q ltJ)

~ o 0shye 0

I- M j~ Porch

---~U--I- - - - - r--- --- - - - - shy

9

~~====--=---~= =-=---==ide Entry Garages-l(om Front

5

Council Study Session Study Session June 17 2010 Attachment 3

Page 6 of8

11

ide Entry Garagesfr6mFront

12

6

Council Study Session Study Session June 172010 Attachment 3

Page 7 of 8

Public Comments Comments 6 C Raise Design Standards to Scottsdale Level

R Additional Design Standards Allowances for Sub-area Design Guidelines incorporated into Update

7 C Increase Open Space Requirements

R Mandatory Open Space reqs in Multiple Res and RSL districts

3

Public Comments Comments 8 C Regulate Portable Storage Containers rather

than Prohibit them (Existing exception allows during construction)

R Present Question to City Council

9 Several Comments from Homebuilders Association of Central Arizona (HBACA)

R Received HBACA Comments this morning Will study each one carefully and prepare a response by end of month

7

Council Study Session Study Session June 17 2010 Attachment 3

Page 8 of 8

Questions

PlanninglnfoMesaAzgov

wwwMesaAzgov

8

Page 11: COUNCIL MINUTES - Mesa, AZ

Study Session June 17 2010 Attachment 1

Page 1 of6

(~l bull~~

Crime Prevention Through Environmental Design (CPTED)

Convenience Store Ordinance

Presentation to City Council

June 17 2010

bullSeeking Direction

The Police Department is seeking direction from the City Council on

development of a new City ordinance governing convenience stores that would implement CPTED principles

1

Study Session June 17 2010 Attachment 1

Page 2of6

bullWhat is CPlED

A crime prevention philosophy based on the theory that proper design and effective use of the built environment can lead to a

reduction in crime

Background bull bull In June 2009 the Police Department gave a

presentation to the Public Safety Committee on a proposed CPTED ordinance and security plans

bull The Department met with key stakeholders

bull In March and May 2010 the department returned to the Public Safety Committee with refinements to the proposal

bull In MaYJ the Public Safety Committee recommended the proposal be b~ought to the full City Council for consideration

2

Study Session June 172010 Attachment 1

Page 3 of6

bullGoals To protect the health safety and welfare of the citizens of the City of Mesa by

bull Reducing crime and calls for service

bull Deterring crime through prevention

bull Increasing the successful prosecution of crime that occurs in convenience stores tn the city

bull Freeing up police resources

Statistics bullMESA CONVENIENCE STORES AT A GLANCE 2009

VCR THEFt$

I CFS PART 1 CRIMES

PART 1 ARRESTS

PART 2 ARRESTS

s_shylIFTS

OTHER THEFTS

I Citywide Totalgt I 3187elt1 18096 4 201117 4585 3330

I Tolalto shyConvenience Sto 81140 1747 184 476 15112 lt13

I Tolalf Top 10 110 576 76 134 546 Con~inc S~--

Percentage of Convennc 2_ 9 41 23 347 1_S Citywide

Pe~ofTop10

2~gt 183 IConvntCe $to to gt165 33_ 413 343 Total Convenncbullbullto

0 i prdna d $ubcltt tO Nnhcr f4w~d anMp---CFS ltitII COP TSISS call1~

- Othcr Ttl doa O[ ~tflvdt veJchr 8MI - CaeICuc Store dna i based 01 bull litlnI9~dcd br CriTIC PtClIlttion

I

3

Study Session June 17 2010 Attachment 1

Page 4 ot6

Proposal bull bull Require store registration

bull Annual

bull No registration fee

bull Display registration in stores

bull Penalties

bull Violations are civil offense

bull Warning for pt offense -- 14 days to correct

bull Fines of $250 - $500

(~l bull) pi Proposal

- Co

bull Police Department can inspect premises during business hours to ensure compliance

bull Surveillance cameras

bull Two color digital high resolution cameras inside the store

bull Two color or black and white digital high resolution cameras on the exterior of the building (parking lot andor gas pump area)

bull Maintain recorings for at least 30 calendar days

4

Study Session June 17 2010 Attachment 1

Page 50f6

Proposal bull Security

bull Provide-maintain-operate an alarm system

bull Silent panic or holdup alarm

bull Signage

bull Drop safe

bull Security signs and height markers

bull Maintain visibility - clear unobstructed view of cash register through all windows and public entrance doors

Proposal

bull Annual employee safety training

bull Trespass Enforcement Program participation - authorizes the police department to enforce all applicable trespass laws

bull Illumination of exterior entrances

bull Removal of graffiti within 48 hours

bull Beer coolers locked and beer floor displays secured 200 am to 600 am every day

5

Study Session June 17 2010 Attachment 1

Page 6 of6

Proposal bull bull Waiver option

bull Small stores in older buildings that may not be able to comply with the ordinance can apply to have a security plan in lieu of complying with elements of the ordinance

bull Stores in compliance but still experiencing high crime and excessive calls for service (beer runs robberies etc) could be requiredto comply with a security plan in addition to the ordinance

ouwn E

[sect6~ r~Ve Q

~ ~~Cgt Industry Concerns bull bull Stakeholders feel the new ordinance penalizes

all stores when the problem is limited to a very few

bull Stakeholders would like the City to pilot the new ordinance conducting an evaluation after an established time period to determine its effectiveness with the option of repealing the ordinance if it proves to be ineffective

6

Study Session June 17 2010

Law Of bees of Attachment 2

John K Mangum Pc Page 1 of 5

31B West Roosevelt Street Phoenix ArlZona 85003 (602) 252-5222 (602) 252-2508 (FAX)

To Chief Jo1m Meza

From Jo1m Mangum amp Trish Hart

Date June 102010

Re Mesa CPTED Ordinance

Cc Tim McCabe

o Urgent 0 For Review 0 Please Comment 0 Please Reply o Please Recycle

bull Comments

Based upon a complete review of the City ofMesa Proposed Convenience Store Ordinance Draft dated 4129110 the AFMA members asked us to present their issues and concerns with the draft The following list details those issues

Page 2

First paragraph line 6

Providing a penalty not to exceed $500 Based upon previous discussions on this issue we were told this language would be removed

Page 3

DEFINITIONS

Item 4middot Definition of Convenience Store

Our members are concerned that the definition as written does not apply to drug stores which also have late hours and sell the same type of products

Study Session June 17 2010 Attachment 2

Page 2 of 5

Page 4

AUTHORITY OF CHIEF

Will public hearings be held in connection with the drafting of the proposed rules for the CPTED ordinance Our clients would welcome the opportunity to be a part of those stakeholder meetings

Page 5

REGISTRATION REQUIRED FEES

b) Violation

Our clients are still extremely concerned about the fines structure As discussed In previous stakeholder meetings our clients believe a tiered fine structure would be a more appropriate manner in which to structure the fines associated with violations of the ordinance

c) Fee

Our clients would respectfully request this language taken out as it was agreed that there would not bea fee associated with this ordinance They believe if this language is kept in that a future council could add a fee at a later date We would also suggest that the City Attorney review ARS 9-50006 to determine if a fee would be allowed to be assessed

Page 9

SURVEILLANCE CAMERA SYSTEM VIDEO RECORDING AND STORAGE

1) Cameras

Our clients suggest the language should require cameras but not specifically detail in the language what type of picture must be produced They are concerned they could be found in violation for a pictureimage that does not specifically meet the standard as written In addition such a standard might preclude existing camera systems which wbuld result in the business owners having to purchase new equipment We believe the decision on what type of camera to purchase should be left to the store operator

bull Page 2

Study Session June 17 2010 Attachment 2

Page 3 of 5

Page 10

Subsection b) (3)

Change 30 days to either 2 weeks or 15 days

Our clients are concerned about the amount of video storage that stores would be required to have to store the required information The cost for storage is very expensive and will result in additional costs to the business owners In addition we would suggest that consideration be given to requiring the storage requirement to be limited to when an incident has occurred that required a police response

(4) Change 24 hours to1 week

Many store operators do not have the capability to make a copy of the required information without utilizing a third party provider to make the copy It can take 2-3 days to get a copy made to present to the Police We have also learned that only certain store employees have access to the digItal recordings so if that employee is out of town or away from the store a 24 hour timeframe would be a hardship on the store operator Our clients believe that one week would be a more appropriate timeframe

Page 11

STORE VISIBILITY

The small stores have significant issues with this section Many oOhe small stores are not configured in a way that would allow them to meet this requirement without significantly reducing their floor space or having to remodel the store If the store was forced to remodel in order to comply with these requirements it would be very costly especially to the small independent store operators

Page 11

EMPLOYEE SAFETY TRAINING TELEPHONE ACCESS

1) Training

Our clients have the following questions related to the training language

Does the training have to be annually Would it be possible to have an initial training and then a refresher course each year

bull Page 3

Study Session June 17 2010 Attachment 2

Page 4 of 5

Page 12

2) Requirement to be trained in a month

Most of the small stores do not have the ability to perform in store training For those stores that do not have in store training and plan to utilize the City of Mesa training will the City be available to train individuals on a monthly basis Perhaps the timeframe for training should be adjusted based upon the availbity of training

GENERAL SAFETY CONDITIONS

b) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

Page 13

(d) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

(e) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with installing locking mechanisms on the beer coolers

(f) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with netting beer displays and are not convinced that netting the beer displays will do much to reduce the beer runs

Other general concerns raised were

bull GrandfatheringCosts~ Our clients believe this ordinance should be applied in the Development Review Process If the ordinance is applied to new stores or is triggered when a store is remodeled the costs associated with complYIng could be built into the stores budget This ordinance will produce unplanned costs for stores that are already struggling in these tough economic times Our clients believe without grandfathering existing stores that the costs

bull Page4

Study Session June 17 2010 Attachment 2

Page 5 of 5

associated with compliance will be a significant burden to the store operators We are in the process of compiling an estimated cost per store for the implementation of the CPTED ordinance and we will provide you a copy as soon as it is available

bull Resources~ If our clients institutes all the practices in the ordinance will the City of Mesa allocate appropriate resources to respond for calls for service

bull Audit of Ordinance- Our clients would request that a review of the ordinance be completed within 1-2 years to evaluate the ordinance and determine if it is achieving the desired objectives If the ordinance is not meeting the objectives we would ask the City consider repealing the ordinance

We greatly appreciate your assistance with this issue and look forward to working together to find workable solutions If you have any questions please call Trish Hart or John Mangum at (602) 252-5222

bull Page 5

ouncil Study Session Study Session June 17 2010 Attachment 3

Page 1 of 8

~ -~ mesamiddotaz

Zoning Ordinance Update Progress Report

Public Comment Period

Presentation to

City Council Study Session

June 17 2010

~ -~ ~ Topical Public Workshops shy

Single Residence amp new RSL districtbull 412 Multiple Res amp General Landscapingbull 422 Commercial- Part 1 Retail amp Officebull 427 Commercial- Part 2 Transit Mixedbull 54 Use and Urban amp Parking Reqs

Industrial amp Telecomm Facilitiesbull 5113 Downtown and Infillbull 520

Single Residence RSLbull 52 5 Planned Area Developments amp

-Planned Community Districts

1

Council Study Session Study Session June 172010 Attachment 3

Page 2 of8

~=======-=----=======~

General Topic Public Workshops Superstition Community Room (CD-6) bull 61

bull 610 Fire Station 216 Community Room (CD-5)

Fire Station 206 Community Room (CD-2) bull 614 Fire Station 218 Community Room (CD-I) bull 615

Future Workshops bull June 29 Tuesday

Fire Station 202 Community Room (CD-4)

bull June 30 Wednesday La Casita Dobson Ranch (CD-3)

~ ~ BoardHearing Schedule bull Design Review Board

bull June 2 Recommendations Part 1

bull July 7 Recommendations - Part 2

bull Economic Development Advisory Board bull May 4 General OverviewChange Summary

bull Planning amp Zoning Board bull June 16 Public Hearing - Public Comments

bull July 21 Public Hearing Comments bull Prepare Revised Draft Zoning Ordinance bull August 18 Public Hearing - Recommendation

2

Council Study Session Study Session June 17 2010 Attachment 3

Page 30f8

Public Comments

Comments and Response

1 c Allow RV Parking in Single Residence Side Yards Longer than 30 Limit

R Allow 40 RVs on Lots Greater than 15000 sf keep at 30 for lots less than 15000 sf

2 C Allow Shallower Lots Depths in RS-6

R Adjust Min Lot Depth from 94 to 90

~ - __-

V-shy~~

Allowance of 40 RV in 15000 sf lot amp 30 RV in Lots less than 15000 sf

15000 sf Lot

-6000 sf Lot

RS-15 Lot House

t-

HouseIJIJ ~ II AAl-

JIPorch

I A

3

Council Study Session Study Session June 17 2010 Attachment 3

Page 4 of 8

Public Comments Comment and Response 3 C Allow Side Entry Garages to encroach into

Front Yard

R Present Options to PampZ Board and to City Council

4 C Reduce Options for Front or Rear Yard Encroachments - Too Dense R Leave as Proposed

5 C Encourage Underground Parking

R Density Bonus 7

Garage Placement in RS amp RSL

8

4

Council Study Session Study Session June 17 2010 Attachment 3

Page 5 of 8

Frant Entry v Garamiddot e Encroachment------==-=-

C oX Q)

ii E 9 -5

ltJ) (Q rJ) e OJ u

J2c

UJ c

middots -0

co ~ House ~ C

~ ~ -0 -0 House(Q ltJ)

~ o 0shye 0

I- M j~ Porch

---~U--I- - - - - r--- --- - - - - shy

9

~~====--=---~= =-=---==ide Entry Garages-l(om Front

5

Council Study Session Study Session June 17 2010 Attachment 3

Page 6 of8

11

ide Entry Garagesfr6mFront

12

6

Council Study Session Study Session June 172010 Attachment 3

Page 7 of 8

Public Comments Comments 6 C Raise Design Standards to Scottsdale Level

R Additional Design Standards Allowances for Sub-area Design Guidelines incorporated into Update

7 C Increase Open Space Requirements

R Mandatory Open Space reqs in Multiple Res and RSL districts

3

Public Comments Comments 8 C Regulate Portable Storage Containers rather

than Prohibit them (Existing exception allows during construction)

R Present Question to City Council

9 Several Comments from Homebuilders Association of Central Arizona (HBACA)

R Received HBACA Comments this morning Will study each one carefully and prepare a response by end of month

7

Council Study Session Study Session June 17 2010 Attachment 3

Page 8 of 8

Questions

PlanninglnfoMesaAzgov

wwwMesaAzgov

8

Page 12: COUNCIL MINUTES - Mesa, AZ

Study Session June 17 2010 Attachment 1

Page 2of6

bullWhat is CPlED

A crime prevention philosophy based on the theory that proper design and effective use of the built environment can lead to a

reduction in crime

Background bull bull In June 2009 the Police Department gave a

presentation to the Public Safety Committee on a proposed CPTED ordinance and security plans

bull The Department met with key stakeholders

bull In March and May 2010 the department returned to the Public Safety Committee with refinements to the proposal

bull In MaYJ the Public Safety Committee recommended the proposal be b~ought to the full City Council for consideration

2

Study Session June 172010 Attachment 1

Page 3 of6

bullGoals To protect the health safety and welfare of the citizens of the City of Mesa by

bull Reducing crime and calls for service

bull Deterring crime through prevention

bull Increasing the successful prosecution of crime that occurs in convenience stores tn the city

bull Freeing up police resources

Statistics bullMESA CONVENIENCE STORES AT A GLANCE 2009

VCR THEFt$

I CFS PART 1 CRIMES

PART 1 ARRESTS

PART 2 ARRESTS

s_shylIFTS

OTHER THEFTS

I Citywide Totalgt I 3187elt1 18096 4 201117 4585 3330

I Tolalto shyConvenience Sto 81140 1747 184 476 15112 lt13

I Tolalf Top 10 110 576 76 134 546 Con~inc S~--

Percentage of Convennc 2_ 9 41 23 347 1_S Citywide

Pe~ofTop10

2~gt 183 IConvntCe $to to gt165 33_ 413 343 Total Convenncbullbullto

0 i prdna d $ubcltt tO Nnhcr f4w~d anMp---CFS ltitII COP TSISS call1~

- Othcr Ttl doa O[ ~tflvdt veJchr 8MI - CaeICuc Store dna i based 01 bull litlnI9~dcd br CriTIC PtClIlttion

I

3

Study Session June 17 2010 Attachment 1

Page 4 ot6

Proposal bull bull Require store registration

bull Annual

bull No registration fee

bull Display registration in stores

bull Penalties

bull Violations are civil offense

bull Warning for pt offense -- 14 days to correct

bull Fines of $250 - $500

(~l bull) pi Proposal

- Co

bull Police Department can inspect premises during business hours to ensure compliance

bull Surveillance cameras

bull Two color digital high resolution cameras inside the store

bull Two color or black and white digital high resolution cameras on the exterior of the building (parking lot andor gas pump area)

bull Maintain recorings for at least 30 calendar days

4

Study Session June 17 2010 Attachment 1

Page 50f6

Proposal bull Security

bull Provide-maintain-operate an alarm system

bull Silent panic or holdup alarm

bull Signage

bull Drop safe

bull Security signs and height markers

bull Maintain visibility - clear unobstructed view of cash register through all windows and public entrance doors

Proposal

bull Annual employee safety training

bull Trespass Enforcement Program participation - authorizes the police department to enforce all applicable trespass laws

bull Illumination of exterior entrances

bull Removal of graffiti within 48 hours

bull Beer coolers locked and beer floor displays secured 200 am to 600 am every day

5

Study Session June 17 2010 Attachment 1

Page 6 of6

Proposal bull bull Waiver option

bull Small stores in older buildings that may not be able to comply with the ordinance can apply to have a security plan in lieu of complying with elements of the ordinance

bull Stores in compliance but still experiencing high crime and excessive calls for service (beer runs robberies etc) could be requiredto comply with a security plan in addition to the ordinance

ouwn E

[sect6~ r~Ve Q

~ ~~Cgt Industry Concerns bull bull Stakeholders feel the new ordinance penalizes

all stores when the problem is limited to a very few

bull Stakeholders would like the City to pilot the new ordinance conducting an evaluation after an established time period to determine its effectiveness with the option of repealing the ordinance if it proves to be ineffective

6

Study Session June 17 2010

Law Of bees of Attachment 2

John K Mangum Pc Page 1 of 5

31B West Roosevelt Street Phoenix ArlZona 85003 (602) 252-5222 (602) 252-2508 (FAX)

To Chief Jo1m Meza

From Jo1m Mangum amp Trish Hart

Date June 102010

Re Mesa CPTED Ordinance

Cc Tim McCabe

o Urgent 0 For Review 0 Please Comment 0 Please Reply o Please Recycle

bull Comments

Based upon a complete review of the City ofMesa Proposed Convenience Store Ordinance Draft dated 4129110 the AFMA members asked us to present their issues and concerns with the draft The following list details those issues

Page 2

First paragraph line 6

Providing a penalty not to exceed $500 Based upon previous discussions on this issue we were told this language would be removed

Page 3

DEFINITIONS

Item 4middot Definition of Convenience Store

Our members are concerned that the definition as written does not apply to drug stores which also have late hours and sell the same type of products

Study Session June 17 2010 Attachment 2

Page 2 of 5

Page 4

AUTHORITY OF CHIEF

Will public hearings be held in connection with the drafting of the proposed rules for the CPTED ordinance Our clients would welcome the opportunity to be a part of those stakeholder meetings

Page 5

REGISTRATION REQUIRED FEES

b) Violation

Our clients are still extremely concerned about the fines structure As discussed In previous stakeholder meetings our clients believe a tiered fine structure would be a more appropriate manner in which to structure the fines associated with violations of the ordinance

c) Fee

Our clients would respectfully request this language taken out as it was agreed that there would not bea fee associated with this ordinance They believe if this language is kept in that a future council could add a fee at a later date We would also suggest that the City Attorney review ARS 9-50006 to determine if a fee would be allowed to be assessed

Page 9

SURVEILLANCE CAMERA SYSTEM VIDEO RECORDING AND STORAGE

1) Cameras

Our clients suggest the language should require cameras but not specifically detail in the language what type of picture must be produced They are concerned they could be found in violation for a pictureimage that does not specifically meet the standard as written In addition such a standard might preclude existing camera systems which wbuld result in the business owners having to purchase new equipment We believe the decision on what type of camera to purchase should be left to the store operator

bull Page 2

Study Session June 17 2010 Attachment 2

Page 3 of 5

Page 10

Subsection b) (3)

Change 30 days to either 2 weeks or 15 days

Our clients are concerned about the amount of video storage that stores would be required to have to store the required information The cost for storage is very expensive and will result in additional costs to the business owners In addition we would suggest that consideration be given to requiring the storage requirement to be limited to when an incident has occurred that required a police response

(4) Change 24 hours to1 week

Many store operators do not have the capability to make a copy of the required information without utilizing a third party provider to make the copy It can take 2-3 days to get a copy made to present to the Police We have also learned that only certain store employees have access to the digItal recordings so if that employee is out of town or away from the store a 24 hour timeframe would be a hardship on the store operator Our clients believe that one week would be a more appropriate timeframe

Page 11

STORE VISIBILITY

The small stores have significant issues with this section Many oOhe small stores are not configured in a way that would allow them to meet this requirement without significantly reducing their floor space or having to remodel the store If the store was forced to remodel in order to comply with these requirements it would be very costly especially to the small independent store operators

Page 11

EMPLOYEE SAFETY TRAINING TELEPHONE ACCESS

1) Training

Our clients have the following questions related to the training language

Does the training have to be annually Would it be possible to have an initial training and then a refresher course each year

bull Page 3

Study Session June 17 2010 Attachment 2

Page 4 of 5

Page 12

2) Requirement to be trained in a month

Most of the small stores do not have the ability to perform in store training For those stores that do not have in store training and plan to utilize the City of Mesa training will the City be available to train individuals on a monthly basis Perhaps the timeframe for training should be adjusted based upon the availbity of training

GENERAL SAFETY CONDITIONS

b) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

Page 13

(d) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

(e) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with installing locking mechanisms on the beer coolers

(f) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with netting beer displays and are not convinced that netting the beer displays will do much to reduce the beer runs

Other general concerns raised were

bull GrandfatheringCosts~ Our clients believe this ordinance should be applied in the Development Review Process If the ordinance is applied to new stores or is triggered when a store is remodeled the costs associated with complYIng could be built into the stores budget This ordinance will produce unplanned costs for stores that are already struggling in these tough economic times Our clients believe without grandfathering existing stores that the costs

bull Page4

Study Session June 17 2010 Attachment 2

Page 5 of 5

associated with compliance will be a significant burden to the store operators We are in the process of compiling an estimated cost per store for the implementation of the CPTED ordinance and we will provide you a copy as soon as it is available

bull Resources~ If our clients institutes all the practices in the ordinance will the City of Mesa allocate appropriate resources to respond for calls for service

bull Audit of Ordinance- Our clients would request that a review of the ordinance be completed within 1-2 years to evaluate the ordinance and determine if it is achieving the desired objectives If the ordinance is not meeting the objectives we would ask the City consider repealing the ordinance

We greatly appreciate your assistance with this issue and look forward to working together to find workable solutions If you have any questions please call Trish Hart or John Mangum at (602) 252-5222

bull Page 5

ouncil Study Session Study Session June 17 2010 Attachment 3

Page 1 of 8

~ -~ mesamiddotaz

Zoning Ordinance Update Progress Report

Public Comment Period

Presentation to

City Council Study Session

June 17 2010

~ -~ ~ Topical Public Workshops shy

Single Residence amp new RSL districtbull 412 Multiple Res amp General Landscapingbull 422 Commercial- Part 1 Retail amp Officebull 427 Commercial- Part 2 Transit Mixedbull 54 Use and Urban amp Parking Reqs

Industrial amp Telecomm Facilitiesbull 5113 Downtown and Infillbull 520

Single Residence RSLbull 52 5 Planned Area Developments amp

-Planned Community Districts

1

Council Study Session Study Session June 172010 Attachment 3

Page 2 of8

~=======-=----=======~

General Topic Public Workshops Superstition Community Room (CD-6) bull 61

bull 610 Fire Station 216 Community Room (CD-5)

Fire Station 206 Community Room (CD-2) bull 614 Fire Station 218 Community Room (CD-I) bull 615

Future Workshops bull June 29 Tuesday

Fire Station 202 Community Room (CD-4)

bull June 30 Wednesday La Casita Dobson Ranch (CD-3)

~ ~ BoardHearing Schedule bull Design Review Board

bull June 2 Recommendations Part 1

bull July 7 Recommendations - Part 2

bull Economic Development Advisory Board bull May 4 General OverviewChange Summary

bull Planning amp Zoning Board bull June 16 Public Hearing - Public Comments

bull July 21 Public Hearing Comments bull Prepare Revised Draft Zoning Ordinance bull August 18 Public Hearing - Recommendation

2

Council Study Session Study Session June 17 2010 Attachment 3

Page 30f8

Public Comments

Comments and Response

1 c Allow RV Parking in Single Residence Side Yards Longer than 30 Limit

R Allow 40 RVs on Lots Greater than 15000 sf keep at 30 for lots less than 15000 sf

2 C Allow Shallower Lots Depths in RS-6

R Adjust Min Lot Depth from 94 to 90

~ - __-

V-shy~~

Allowance of 40 RV in 15000 sf lot amp 30 RV in Lots less than 15000 sf

15000 sf Lot

-6000 sf Lot

RS-15 Lot House

t-

HouseIJIJ ~ II AAl-

JIPorch

I A

3

Council Study Session Study Session June 17 2010 Attachment 3

Page 4 of 8

Public Comments Comment and Response 3 C Allow Side Entry Garages to encroach into

Front Yard

R Present Options to PampZ Board and to City Council

4 C Reduce Options for Front or Rear Yard Encroachments - Too Dense R Leave as Proposed

5 C Encourage Underground Parking

R Density Bonus 7

Garage Placement in RS amp RSL

8

4

Council Study Session Study Session June 17 2010 Attachment 3

Page 5 of 8

Frant Entry v Garamiddot e Encroachment------==-=-

C oX Q)

ii E 9 -5

ltJ) (Q rJ) e OJ u

J2c

UJ c

middots -0

co ~ House ~ C

~ ~ -0 -0 House(Q ltJ)

~ o 0shye 0

I- M j~ Porch

---~U--I- - - - - r--- --- - - - - shy

9

~~====--=---~= =-=---==ide Entry Garages-l(om Front

5

Council Study Session Study Session June 17 2010 Attachment 3

Page 6 of8

11

ide Entry Garagesfr6mFront

12

6

Council Study Session Study Session June 172010 Attachment 3

Page 7 of 8

Public Comments Comments 6 C Raise Design Standards to Scottsdale Level

R Additional Design Standards Allowances for Sub-area Design Guidelines incorporated into Update

7 C Increase Open Space Requirements

R Mandatory Open Space reqs in Multiple Res and RSL districts

3

Public Comments Comments 8 C Regulate Portable Storage Containers rather

than Prohibit them (Existing exception allows during construction)

R Present Question to City Council

9 Several Comments from Homebuilders Association of Central Arizona (HBACA)

R Received HBACA Comments this morning Will study each one carefully and prepare a response by end of month

7

Council Study Session Study Session June 17 2010 Attachment 3

Page 8 of 8

Questions

PlanninglnfoMesaAzgov

wwwMesaAzgov

8

Page 13: COUNCIL MINUTES - Mesa, AZ

Study Session June 172010 Attachment 1

Page 3 of6

bullGoals To protect the health safety and welfare of the citizens of the City of Mesa by

bull Reducing crime and calls for service

bull Deterring crime through prevention

bull Increasing the successful prosecution of crime that occurs in convenience stores tn the city

bull Freeing up police resources

Statistics bullMESA CONVENIENCE STORES AT A GLANCE 2009

VCR THEFt$

I CFS PART 1 CRIMES

PART 1 ARRESTS

PART 2 ARRESTS

s_shylIFTS

OTHER THEFTS

I Citywide Totalgt I 3187elt1 18096 4 201117 4585 3330

I Tolalto shyConvenience Sto 81140 1747 184 476 15112 lt13

I Tolalf Top 10 110 576 76 134 546 Con~inc S~--

Percentage of Convennc 2_ 9 41 23 347 1_S Citywide

Pe~ofTop10

2~gt 183 IConvntCe $to to gt165 33_ 413 343 Total Convenncbullbullto

0 i prdna d $ubcltt tO Nnhcr f4w~d anMp---CFS ltitII COP TSISS call1~

- Othcr Ttl doa O[ ~tflvdt veJchr 8MI - CaeICuc Store dna i based 01 bull litlnI9~dcd br CriTIC PtClIlttion

I

3

Study Session June 17 2010 Attachment 1

Page 4 ot6

Proposal bull bull Require store registration

bull Annual

bull No registration fee

bull Display registration in stores

bull Penalties

bull Violations are civil offense

bull Warning for pt offense -- 14 days to correct

bull Fines of $250 - $500

(~l bull) pi Proposal

- Co

bull Police Department can inspect premises during business hours to ensure compliance

bull Surveillance cameras

bull Two color digital high resolution cameras inside the store

bull Two color or black and white digital high resolution cameras on the exterior of the building (parking lot andor gas pump area)

bull Maintain recorings for at least 30 calendar days

4

Study Session June 17 2010 Attachment 1

Page 50f6

Proposal bull Security

bull Provide-maintain-operate an alarm system

bull Silent panic or holdup alarm

bull Signage

bull Drop safe

bull Security signs and height markers

bull Maintain visibility - clear unobstructed view of cash register through all windows and public entrance doors

Proposal

bull Annual employee safety training

bull Trespass Enforcement Program participation - authorizes the police department to enforce all applicable trespass laws

bull Illumination of exterior entrances

bull Removal of graffiti within 48 hours

bull Beer coolers locked and beer floor displays secured 200 am to 600 am every day

5

Study Session June 17 2010 Attachment 1

Page 6 of6

Proposal bull bull Waiver option

bull Small stores in older buildings that may not be able to comply with the ordinance can apply to have a security plan in lieu of complying with elements of the ordinance

bull Stores in compliance but still experiencing high crime and excessive calls for service (beer runs robberies etc) could be requiredto comply with a security plan in addition to the ordinance

ouwn E

[sect6~ r~Ve Q

~ ~~Cgt Industry Concerns bull bull Stakeholders feel the new ordinance penalizes

all stores when the problem is limited to a very few

bull Stakeholders would like the City to pilot the new ordinance conducting an evaluation after an established time period to determine its effectiveness with the option of repealing the ordinance if it proves to be ineffective

6

Study Session June 17 2010

Law Of bees of Attachment 2

John K Mangum Pc Page 1 of 5

31B West Roosevelt Street Phoenix ArlZona 85003 (602) 252-5222 (602) 252-2508 (FAX)

To Chief Jo1m Meza

From Jo1m Mangum amp Trish Hart

Date June 102010

Re Mesa CPTED Ordinance

Cc Tim McCabe

o Urgent 0 For Review 0 Please Comment 0 Please Reply o Please Recycle

bull Comments

Based upon a complete review of the City ofMesa Proposed Convenience Store Ordinance Draft dated 4129110 the AFMA members asked us to present their issues and concerns with the draft The following list details those issues

Page 2

First paragraph line 6

Providing a penalty not to exceed $500 Based upon previous discussions on this issue we were told this language would be removed

Page 3

DEFINITIONS

Item 4middot Definition of Convenience Store

Our members are concerned that the definition as written does not apply to drug stores which also have late hours and sell the same type of products

Study Session June 17 2010 Attachment 2

Page 2 of 5

Page 4

AUTHORITY OF CHIEF

Will public hearings be held in connection with the drafting of the proposed rules for the CPTED ordinance Our clients would welcome the opportunity to be a part of those stakeholder meetings

Page 5

REGISTRATION REQUIRED FEES

b) Violation

Our clients are still extremely concerned about the fines structure As discussed In previous stakeholder meetings our clients believe a tiered fine structure would be a more appropriate manner in which to structure the fines associated with violations of the ordinance

c) Fee

Our clients would respectfully request this language taken out as it was agreed that there would not bea fee associated with this ordinance They believe if this language is kept in that a future council could add a fee at a later date We would also suggest that the City Attorney review ARS 9-50006 to determine if a fee would be allowed to be assessed

Page 9

SURVEILLANCE CAMERA SYSTEM VIDEO RECORDING AND STORAGE

1) Cameras

Our clients suggest the language should require cameras but not specifically detail in the language what type of picture must be produced They are concerned they could be found in violation for a pictureimage that does not specifically meet the standard as written In addition such a standard might preclude existing camera systems which wbuld result in the business owners having to purchase new equipment We believe the decision on what type of camera to purchase should be left to the store operator

bull Page 2

Study Session June 17 2010 Attachment 2

Page 3 of 5

Page 10

Subsection b) (3)

Change 30 days to either 2 weeks or 15 days

Our clients are concerned about the amount of video storage that stores would be required to have to store the required information The cost for storage is very expensive and will result in additional costs to the business owners In addition we would suggest that consideration be given to requiring the storage requirement to be limited to when an incident has occurred that required a police response

(4) Change 24 hours to1 week

Many store operators do not have the capability to make a copy of the required information without utilizing a third party provider to make the copy It can take 2-3 days to get a copy made to present to the Police We have also learned that only certain store employees have access to the digItal recordings so if that employee is out of town or away from the store a 24 hour timeframe would be a hardship on the store operator Our clients believe that one week would be a more appropriate timeframe

Page 11

STORE VISIBILITY

The small stores have significant issues with this section Many oOhe small stores are not configured in a way that would allow them to meet this requirement without significantly reducing their floor space or having to remodel the store If the store was forced to remodel in order to comply with these requirements it would be very costly especially to the small independent store operators

Page 11

EMPLOYEE SAFETY TRAINING TELEPHONE ACCESS

1) Training

Our clients have the following questions related to the training language

Does the training have to be annually Would it be possible to have an initial training and then a refresher course each year

bull Page 3

Study Session June 17 2010 Attachment 2

Page 4 of 5

Page 12

2) Requirement to be trained in a month

Most of the small stores do not have the ability to perform in store training For those stores that do not have in store training and plan to utilize the City of Mesa training will the City be available to train individuals on a monthly basis Perhaps the timeframe for training should be adjusted based upon the availbity of training

GENERAL SAFETY CONDITIONS

b) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

Page 13

(d) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

(e) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with installing locking mechanisms on the beer coolers

(f) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with netting beer displays and are not convinced that netting the beer displays will do much to reduce the beer runs

Other general concerns raised were

bull GrandfatheringCosts~ Our clients believe this ordinance should be applied in the Development Review Process If the ordinance is applied to new stores or is triggered when a store is remodeled the costs associated with complYIng could be built into the stores budget This ordinance will produce unplanned costs for stores that are already struggling in these tough economic times Our clients believe without grandfathering existing stores that the costs

bull Page4

Study Session June 17 2010 Attachment 2

Page 5 of 5

associated with compliance will be a significant burden to the store operators We are in the process of compiling an estimated cost per store for the implementation of the CPTED ordinance and we will provide you a copy as soon as it is available

bull Resources~ If our clients institutes all the practices in the ordinance will the City of Mesa allocate appropriate resources to respond for calls for service

bull Audit of Ordinance- Our clients would request that a review of the ordinance be completed within 1-2 years to evaluate the ordinance and determine if it is achieving the desired objectives If the ordinance is not meeting the objectives we would ask the City consider repealing the ordinance

We greatly appreciate your assistance with this issue and look forward to working together to find workable solutions If you have any questions please call Trish Hart or John Mangum at (602) 252-5222

bull Page 5

ouncil Study Session Study Session June 17 2010 Attachment 3

Page 1 of 8

~ -~ mesamiddotaz

Zoning Ordinance Update Progress Report

Public Comment Period

Presentation to

City Council Study Session

June 17 2010

~ -~ ~ Topical Public Workshops shy

Single Residence amp new RSL districtbull 412 Multiple Res amp General Landscapingbull 422 Commercial- Part 1 Retail amp Officebull 427 Commercial- Part 2 Transit Mixedbull 54 Use and Urban amp Parking Reqs

Industrial amp Telecomm Facilitiesbull 5113 Downtown and Infillbull 520

Single Residence RSLbull 52 5 Planned Area Developments amp

-Planned Community Districts

1

Council Study Session Study Session June 172010 Attachment 3

Page 2 of8

~=======-=----=======~

General Topic Public Workshops Superstition Community Room (CD-6) bull 61

bull 610 Fire Station 216 Community Room (CD-5)

Fire Station 206 Community Room (CD-2) bull 614 Fire Station 218 Community Room (CD-I) bull 615

Future Workshops bull June 29 Tuesday

Fire Station 202 Community Room (CD-4)

bull June 30 Wednesday La Casita Dobson Ranch (CD-3)

~ ~ BoardHearing Schedule bull Design Review Board

bull June 2 Recommendations Part 1

bull July 7 Recommendations - Part 2

bull Economic Development Advisory Board bull May 4 General OverviewChange Summary

bull Planning amp Zoning Board bull June 16 Public Hearing - Public Comments

bull July 21 Public Hearing Comments bull Prepare Revised Draft Zoning Ordinance bull August 18 Public Hearing - Recommendation

2

Council Study Session Study Session June 17 2010 Attachment 3

Page 30f8

Public Comments

Comments and Response

1 c Allow RV Parking in Single Residence Side Yards Longer than 30 Limit

R Allow 40 RVs on Lots Greater than 15000 sf keep at 30 for lots less than 15000 sf

2 C Allow Shallower Lots Depths in RS-6

R Adjust Min Lot Depth from 94 to 90

~ - __-

V-shy~~

Allowance of 40 RV in 15000 sf lot amp 30 RV in Lots less than 15000 sf

15000 sf Lot

-6000 sf Lot

RS-15 Lot House

t-

HouseIJIJ ~ II AAl-

JIPorch

I A

3

Council Study Session Study Session June 17 2010 Attachment 3

Page 4 of 8

Public Comments Comment and Response 3 C Allow Side Entry Garages to encroach into

Front Yard

R Present Options to PampZ Board and to City Council

4 C Reduce Options for Front or Rear Yard Encroachments - Too Dense R Leave as Proposed

5 C Encourage Underground Parking

R Density Bonus 7

Garage Placement in RS amp RSL

8

4

Council Study Session Study Session June 17 2010 Attachment 3

Page 5 of 8

Frant Entry v Garamiddot e Encroachment------==-=-

C oX Q)

ii E 9 -5

ltJ) (Q rJ) e OJ u

J2c

UJ c

middots -0

co ~ House ~ C

~ ~ -0 -0 House(Q ltJ)

~ o 0shye 0

I- M j~ Porch

---~U--I- - - - - r--- --- - - - - shy

9

~~====--=---~= =-=---==ide Entry Garages-l(om Front

5

Council Study Session Study Session June 17 2010 Attachment 3

Page 6 of8

11

ide Entry Garagesfr6mFront

12

6

Council Study Session Study Session June 172010 Attachment 3

Page 7 of 8

Public Comments Comments 6 C Raise Design Standards to Scottsdale Level

R Additional Design Standards Allowances for Sub-area Design Guidelines incorporated into Update

7 C Increase Open Space Requirements

R Mandatory Open Space reqs in Multiple Res and RSL districts

3

Public Comments Comments 8 C Regulate Portable Storage Containers rather

than Prohibit them (Existing exception allows during construction)

R Present Question to City Council

9 Several Comments from Homebuilders Association of Central Arizona (HBACA)

R Received HBACA Comments this morning Will study each one carefully and prepare a response by end of month

7

Council Study Session Study Session June 17 2010 Attachment 3

Page 8 of 8

Questions

PlanninglnfoMesaAzgov

wwwMesaAzgov

8

Page 14: COUNCIL MINUTES - Mesa, AZ

Study Session June 17 2010 Attachment 1

Page 4 ot6

Proposal bull bull Require store registration

bull Annual

bull No registration fee

bull Display registration in stores

bull Penalties

bull Violations are civil offense

bull Warning for pt offense -- 14 days to correct

bull Fines of $250 - $500

(~l bull) pi Proposal

- Co

bull Police Department can inspect premises during business hours to ensure compliance

bull Surveillance cameras

bull Two color digital high resolution cameras inside the store

bull Two color or black and white digital high resolution cameras on the exterior of the building (parking lot andor gas pump area)

bull Maintain recorings for at least 30 calendar days

4

Study Session June 17 2010 Attachment 1

Page 50f6

Proposal bull Security

bull Provide-maintain-operate an alarm system

bull Silent panic or holdup alarm

bull Signage

bull Drop safe

bull Security signs and height markers

bull Maintain visibility - clear unobstructed view of cash register through all windows and public entrance doors

Proposal

bull Annual employee safety training

bull Trespass Enforcement Program participation - authorizes the police department to enforce all applicable trespass laws

bull Illumination of exterior entrances

bull Removal of graffiti within 48 hours

bull Beer coolers locked and beer floor displays secured 200 am to 600 am every day

5

Study Session June 17 2010 Attachment 1

Page 6 of6

Proposal bull bull Waiver option

bull Small stores in older buildings that may not be able to comply with the ordinance can apply to have a security plan in lieu of complying with elements of the ordinance

bull Stores in compliance but still experiencing high crime and excessive calls for service (beer runs robberies etc) could be requiredto comply with a security plan in addition to the ordinance

ouwn E

[sect6~ r~Ve Q

~ ~~Cgt Industry Concerns bull bull Stakeholders feel the new ordinance penalizes

all stores when the problem is limited to a very few

bull Stakeholders would like the City to pilot the new ordinance conducting an evaluation after an established time period to determine its effectiveness with the option of repealing the ordinance if it proves to be ineffective

6

Study Session June 17 2010

Law Of bees of Attachment 2

John K Mangum Pc Page 1 of 5

31B West Roosevelt Street Phoenix ArlZona 85003 (602) 252-5222 (602) 252-2508 (FAX)

To Chief Jo1m Meza

From Jo1m Mangum amp Trish Hart

Date June 102010

Re Mesa CPTED Ordinance

Cc Tim McCabe

o Urgent 0 For Review 0 Please Comment 0 Please Reply o Please Recycle

bull Comments

Based upon a complete review of the City ofMesa Proposed Convenience Store Ordinance Draft dated 4129110 the AFMA members asked us to present their issues and concerns with the draft The following list details those issues

Page 2

First paragraph line 6

Providing a penalty not to exceed $500 Based upon previous discussions on this issue we were told this language would be removed

Page 3

DEFINITIONS

Item 4middot Definition of Convenience Store

Our members are concerned that the definition as written does not apply to drug stores which also have late hours and sell the same type of products

Study Session June 17 2010 Attachment 2

Page 2 of 5

Page 4

AUTHORITY OF CHIEF

Will public hearings be held in connection with the drafting of the proposed rules for the CPTED ordinance Our clients would welcome the opportunity to be a part of those stakeholder meetings

Page 5

REGISTRATION REQUIRED FEES

b) Violation

Our clients are still extremely concerned about the fines structure As discussed In previous stakeholder meetings our clients believe a tiered fine structure would be a more appropriate manner in which to structure the fines associated with violations of the ordinance

c) Fee

Our clients would respectfully request this language taken out as it was agreed that there would not bea fee associated with this ordinance They believe if this language is kept in that a future council could add a fee at a later date We would also suggest that the City Attorney review ARS 9-50006 to determine if a fee would be allowed to be assessed

Page 9

SURVEILLANCE CAMERA SYSTEM VIDEO RECORDING AND STORAGE

1) Cameras

Our clients suggest the language should require cameras but not specifically detail in the language what type of picture must be produced They are concerned they could be found in violation for a pictureimage that does not specifically meet the standard as written In addition such a standard might preclude existing camera systems which wbuld result in the business owners having to purchase new equipment We believe the decision on what type of camera to purchase should be left to the store operator

bull Page 2

Study Session June 17 2010 Attachment 2

Page 3 of 5

Page 10

Subsection b) (3)

Change 30 days to either 2 weeks or 15 days

Our clients are concerned about the amount of video storage that stores would be required to have to store the required information The cost for storage is very expensive and will result in additional costs to the business owners In addition we would suggest that consideration be given to requiring the storage requirement to be limited to when an incident has occurred that required a police response

(4) Change 24 hours to1 week

Many store operators do not have the capability to make a copy of the required information without utilizing a third party provider to make the copy It can take 2-3 days to get a copy made to present to the Police We have also learned that only certain store employees have access to the digItal recordings so if that employee is out of town or away from the store a 24 hour timeframe would be a hardship on the store operator Our clients believe that one week would be a more appropriate timeframe

Page 11

STORE VISIBILITY

The small stores have significant issues with this section Many oOhe small stores are not configured in a way that would allow them to meet this requirement without significantly reducing their floor space or having to remodel the store If the store was forced to remodel in order to comply with these requirements it would be very costly especially to the small independent store operators

Page 11

EMPLOYEE SAFETY TRAINING TELEPHONE ACCESS

1) Training

Our clients have the following questions related to the training language

Does the training have to be annually Would it be possible to have an initial training and then a refresher course each year

bull Page 3

Study Session June 17 2010 Attachment 2

Page 4 of 5

Page 12

2) Requirement to be trained in a month

Most of the small stores do not have the ability to perform in store training For those stores that do not have in store training and plan to utilize the City of Mesa training will the City be available to train individuals on a monthly basis Perhaps the timeframe for training should be adjusted based upon the availbity of training

GENERAL SAFETY CONDITIONS

b) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

Page 13

(d) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

(e) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with installing locking mechanisms on the beer coolers

(f) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with netting beer displays and are not convinced that netting the beer displays will do much to reduce the beer runs

Other general concerns raised were

bull GrandfatheringCosts~ Our clients believe this ordinance should be applied in the Development Review Process If the ordinance is applied to new stores or is triggered when a store is remodeled the costs associated with complYIng could be built into the stores budget This ordinance will produce unplanned costs for stores that are already struggling in these tough economic times Our clients believe without grandfathering existing stores that the costs

bull Page4

Study Session June 17 2010 Attachment 2

Page 5 of 5

associated with compliance will be a significant burden to the store operators We are in the process of compiling an estimated cost per store for the implementation of the CPTED ordinance and we will provide you a copy as soon as it is available

bull Resources~ If our clients institutes all the practices in the ordinance will the City of Mesa allocate appropriate resources to respond for calls for service

bull Audit of Ordinance- Our clients would request that a review of the ordinance be completed within 1-2 years to evaluate the ordinance and determine if it is achieving the desired objectives If the ordinance is not meeting the objectives we would ask the City consider repealing the ordinance

We greatly appreciate your assistance with this issue and look forward to working together to find workable solutions If you have any questions please call Trish Hart or John Mangum at (602) 252-5222

bull Page 5

ouncil Study Session Study Session June 17 2010 Attachment 3

Page 1 of 8

~ -~ mesamiddotaz

Zoning Ordinance Update Progress Report

Public Comment Period

Presentation to

City Council Study Session

June 17 2010

~ -~ ~ Topical Public Workshops shy

Single Residence amp new RSL districtbull 412 Multiple Res amp General Landscapingbull 422 Commercial- Part 1 Retail amp Officebull 427 Commercial- Part 2 Transit Mixedbull 54 Use and Urban amp Parking Reqs

Industrial amp Telecomm Facilitiesbull 5113 Downtown and Infillbull 520

Single Residence RSLbull 52 5 Planned Area Developments amp

-Planned Community Districts

1

Council Study Session Study Session June 172010 Attachment 3

Page 2 of8

~=======-=----=======~

General Topic Public Workshops Superstition Community Room (CD-6) bull 61

bull 610 Fire Station 216 Community Room (CD-5)

Fire Station 206 Community Room (CD-2) bull 614 Fire Station 218 Community Room (CD-I) bull 615

Future Workshops bull June 29 Tuesday

Fire Station 202 Community Room (CD-4)

bull June 30 Wednesday La Casita Dobson Ranch (CD-3)

~ ~ BoardHearing Schedule bull Design Review Board

bull June 2 Recommendations Part 1

bull July 7 Recommendations - Part 2

bull Economic Development Advisory Board bull May 4 General OverviewChange Summary

bull Planning amp Zoning Board bull June 16 Public Hearing - Public Comments

bull July 21 Public Hearing Comments bull Prepare Revised Draft Zoning Ordinance bull August 18 Public Hearing - Recommendation

2

Council Study Session Study Session June 17 2010 Attachment 3

Page 30f8

Public Comments

Comments and Response

1 c Allow RV Parking in Single Residence Side Yards Longer than 30 Limit

R Allow 40 RVs on Lots Greater than 15000 sf keep at 30 for lots less than 15000 sf

2 C Allow Shallower Lots Depths in RS-6

R Adjust Min Lot Depth from 94 to 90

~ - __-

V-shy~~

Allowance of 40 RV in 15000 sf lot amp 30 RV in Lots less than 15000 sf

15000 sf Lot

-6000 sf Lot

RS-15 Lot House

t-

HouseIJIJ ~ II AAl-

JIPorch

I A

3

Council Study Session Study Session June 17 2010 Attachment 3

Page 4 of 8

Public Comments Comment and Response 3 C Allow Side Entry Garages to encroach into

Front Yard

R Present Options to PampZ Board and to City Council

4 C Reduce Options for Front or Rear Yard Encroachments - Too Dense R Leave as Proposed

5 C Encourage Underground Parking

R Density Bonus 7

Garage Placement in RS amp RSL

8

4

Council Study Session Study Session June 17 2010 Attachment 3

Page 5 of 8

Frant Entry v Garamiddot e Encroachment------==-=-

C oX Q)

ii E 9 -5

ltJ) (Q rJ) e OJ u

J2c

UJ c

middots -0

co ~ House ~ C

~ ~ -0 -0 House(Q ltJ)

~ o 0shye 0

I- M j~ Porch

---~U--I- - - - - r--- --- - - - - shy

9

~~====--=---~= =-=---==ide Entry Garages-l(om Front

5

Council Study Session Study Session June 17 2010 Attachment 3

Page 6 of8

11

ide Entry Garagesfr6mFront

12

6

Council Study Session Study Session June 172010 Attachment 3

Page 7 of 8

Public Comments Comments 6 C Raise Design Standards to Scottsdale Level

R Additional Design Standards Allowances for Sub-area Design Guidelines incorporated into Update

7 C Increase Open Space Requirements

R Mandatory Open Space reqs in Multiple Res and RSL districts

3

Public Comments Comments 8 C Regulate Portable Storage Containers rather

than Prohibit them (Existing exception allows during construction)

R Present Question to City Council

9 Several Comments from Homebuilders Association of Central Arizona (HBACA)

R Received HBACA Comments this morning Will study each one carefully and prepare a response by end of month

7

Council Study Session Study Session June 17 2010 Attachment 3

Page 8 of 8

Questions

PlanninglnfoMesaAzgov

wwwMesaAzgov

8

Page 15: COUNCIL MINUTES - Mesa, AZ

Study Session June 17 2010 Attachment 1

Page 50f6

Proposal bull Security

bull Provide-maintain-operate an alarm system

bull Silent panic or holdup alarm

bull Signage

bull Drop safe

bull Security signs and height markers

bull Maintain visibility - clear unobstructed view of cash register through all windows and public entrance doors

Proposal

bull Annual employee safety training

bull Trespass Enforcement Program participation - authorizes the police department to enforce all applicable trespass laws

bull Illumination of exterior entrances

bull Removal of graffiti within 48 hours

bull Beer coolers locked and beer floor displays secured 200 am to 600 am every day

5

Study Session June 17 2010 Attachment 1

Page 6 of6

Proposal bull bull Waiver option

bull Small stores in older buildings that may not be able to comply with the ordinance can apply to have a security plan in lieu of complying with elements of the ordinance

bull Stores in compliance but still experiencing high crime and excessive calls for service (beer runs robberies etc) could be requiredto comply with a security plan in addition to the ordinance

ouwn E

[sect6~ r~Ve Q

~ ~~Cgt Industry Concerns bull bull Stakeholders feel the new ordinance penalizes

all stores when the problem is limited to a very few

bull Stakeholders would like the City to pilot the new ordinance conducting an evaluation after an established time period to determine its effectiveness with the option of repealing the ordinance if it proves to be ineffective

6

Study Session June 17 2010

Law Of bees of Attachment 2

John K Mangum Pc Page 1 of 5

31B West Roosevelt Street Phoenix ArlZona 85003 (602) 252-5222 (602) 252-2508 (FAX)

To Chief Jo1m Meza

From Jo1m Mangum amp Trish Hart

Date June 102010

Re Mesa CPTED Ordinance

Cc Tim McCabe

o Urgent 0 For Review 0 Please Comment 0 Please Reply o Please Recycle

bull Comments

Based upon a complete review of the City ofMesa Proposed Convenience Store Ordinance Draft dated 4129110 the AFMA members asked us to present their issues and concerns with the draft The following list details those issues

Page 2

First paragraph line 6

Providing a penalty not to exceed $500 Based upon previous discussions on this issue we were told this language would be removed

Page 3

DEFINITIONS

Item 4middot Definition of Convenience Store

Our members are concerned that the definition as written does not apply to drug stores which also have late hours and sell the same type of products

Study Session June 17 2010 Attachment 2

Page 2 of 5

Page 4

AUTHORITY OF CHIEF

Will public hearings be held in connection with the drafting of the proposed rules for the CPTED ordinance Our clients would welcome the opportunity to be a part of those stakeholder meetings

Page 5

REGISTRATION REQUIRED FEES

b) Violation

Our clients are still extremely concerned about the fines structure As discussed In previous stakeholder meetings our clients believe a tiered fine structure would be a more appropriate manner in which to structure the fines associated with violations of the ordinance

c) Fee

Our clients would respectfully request this language taken out as it was agreed that there would not bea fee associated with this ordinance They believe if this language is kept in that a future council could add a fee at a later date We would also suggest that the City Attorney review ARS 9-50006 to determine if a fee would be allowed to be assessed

Page 9

SURVEILLANCE CAMERA SYSTEM VIDEO RECORDING AND STORAGE

1) Cameras

Our clients suggest the language should require cameras but not specifically detail in the language what type of picture must be produced They are concerned they could be found in violation for a pictureimage that does not specifically meet the standard as written In addition such a standard might preclude existing camera systems which wbuld result in the business owners having to purchase new equipment We believe the decision on what type of camera to purchase should be left to the store operator

bull Page 2

Study Session June 17 2010 Attachment 2

Page 3 of 5

Page 10

Subsection b) (3)

Change 30 days to either 2 weeks or 15 days

Our clients are concerned about the amount of video storage that stores would be required to have to store the required information The cost for storage is very expensive and will result in additional costs to the business owners In addition we would suggest that consideration be given to requiring the storage requirement to be limited to when an incident has occurred that required a police response

(4) Change 24 hours to1 week

Many store operators do not have the capability to make a copy of the required information without utilizing a third party provider to make the copy It can take 2-3 days to get a copy made to present to the Police We have also learned that only certain store employees have access to the digItal recordings so if that employee is out of town or away from the store a 24 hour timeframe would be a hardship on the store operator Our clients believe that one week would be a more appropriate timeframe

Page 11

STORE VISIBILITY

The small stores have significant issues with this section Many oOhe small stores are not configured in a way that would allow them to meet this requirement without significantly reducing their floor space or having to remodel the store If the store was forced to remodel in order to comply with these requirements it would be very costly especially to the small independent store operators

Page 11

EMPLOYEE SAFETY TRAINING TELEPHONE ACCESS

1) Training

Our clients have the following questions related to the training language

Does the training have to be annually Would it be possible to have an initial training and then a refresher course each year

bull Page 3

Study Session June 17 2010 Attachment 2

Page 4 of 5

Page 12

2) Requirement to be trained in a month

Most of the small stores do not have the ability to perform in store training For those stores that do not have in store training and plan to utilize the City of Mesa training will the City be available to train individuals on a monthly basis Perhaps the timeframe for training should be adjusted based upon the availbity of training

GENERAL SAFETY CONDITIONS

b) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

Page 13

(d) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

(e) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with installing locking mechanisms on the beer coolers

(f) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with netting beer displays and are not convinced that netting the beer displays will do much to reduce the beer runs

Other general concerns raised were

bull GrandfatheringCosts~ Our clients believe this ordinance should be applied in the Development Review Process If the ordinance is applied to new stores or is triggered when a store is remodeled the costs associated with complYIng could be built into the stores budget This ordinance will produce unplanned costs for stores that are already struggling in these tough economic times Our clients believe without grandfathering existing stores that the costs

bull Page4

Study Session June 17 2010 Attachment 2

Page 5 of 5

associated with compliance will be a significant burden to the store operators We are in the process of compiling an estimated cost per store for the implementation of the CPTED ordinance and we will provide you a copy as soon as it is available

bull Resources~ If our clients institutes all the practices in the ordinance will the City of Mesa allocate appropriate resources to respond for calls for service

bull Audit of Ordinance- Our clients would request that a review of the ordinance be completed within 1-2 years to evaluate the ordinance and determine if it is achieving the desired objectives If the ordinance is not meeting the objectives we would ask the City consider repealing the ordinance

We greatly appreciate your assistance with this issue and look forward to working together to find workable solutions If you have any questions please call Trish Hart or John Mangum at (602) 252-5222

bull Page 5

ouncil Study Session Study Session June 17 2010 Attachment 3

Page 1 of 8

~ -~ mesamiddotaz

Zoning Ordinance Update Progress Report

Public Comment Period

Presentation to

City Council Study Session

June 17 2010

~ -~ ~ Topical Public Workshops shy

Single Residence amp new RSL districtbull 412 Multiple Res amp General Landscapingbull 422 Commercial- Part 1 Retail amp Officebull 427 Commercial- Part 2 Transit Mixedbull 54 Use and Urban amp Parking Reqs

Industrial amp Telecomm Facilitiesbull 5113 Downtown and Infillbull 520

Single Residence RSLbull 52 5 Planned Area Developments amp

-Planned Community Districts

1

Council Study Session Study Session June 172010 Attachment 3

Page 2 of8

~=======-=----=======~

General Topic Public Workshops Superstition Community Room (CD-6) bull 61

bull 610 Fire Station 216 Community Room (CD-5)

Fire Station 206 Community Room (CD-2) bull 614 Fire Station 218 Community Room (CD-I) bull 615

Future Workshops bull June 29 Tuesday

Fire Station 202 Community Room (CD-4)

bull June 30 Wednesday La Casita Dobson Ranch (CD-3)

~ ~ BoardHearing Schedule bull Design Review Board

bull June 2 Recommendations Part 1

bull July 7 Recommendations - Part 2

bull Economic Development Advisory Board bull May 4 General OverviewChange Summary

bull Planning amp Zoning Board bull June 16 Public Hearing - Public Comments

bull July 21 Public Hearing Comments bull Prepare Revised Draft Zoning Ordinance bull August 18 Public Hearing - Recommendation

2

Council Study Session Study Session June 17 2010 Attachment 3

Page 30f8

Public Comments

Comments and Response

1 c Allow RV Parking in Single Residence Side Yards Longer than 30 Limit

R Allow 40 RVs on Lots Greater than 15000 sf keep at 30 for lots less than 15000 sf

2 C Allow Shallower Lots Depths in RS-6

R Adjust Min Lot Depth from 94 to 90

~ - __-

V-shy~~

Allowance of 40 RV in 15000 sf lot amp 30 RV in Lots less than 15000 sf

15000 sf Lot

-6000 sf Lot

RS-15 Lot House

t-

HouseIJIJ ~ II AAl-

JIPorch

I A

3

Council Study Session Study Session June 17 2010 Attachment 3

Page 4 of 8

Public Comments Comment and Response 3 C Allow Side Entry Garages to encroach into

Front Yard

R Present Options to PampZ Board and to City Council

4 C Reduce Options for Front or Rear Yard Encroachments - Too Dense R Leave as Proposed

5 C Encourage Underground Parking

R Density Bonus 7

Garage Placement in RS amp RSL

8

4

Council Study Session Study Session June 17 2010 Attachment 3

Page 5 of 8

Frant Entry v Garamiddot e Encroachment------==-=-

C oX Q)

ii E 9 -5

ltJ) (Q rJ) e OJ u

J2c

UJ c

middots -0

co ~ House ~ C

~ ~ -0 -0 House(Q ltJ)

~ o 0shye 0

I- M j~ Porch

---~U--I- - - - - r--- --- - - - - shy

9

~~====--=---~= =-=---==ide Entry Garages-l(om Front

5

Council Study Session Study Session June 17 2010 Attachment 3

Page 6 of8

11

ide Entry Garagesfr6mFront

12

6

Council Study Session Study Session June 172010 Attachment 3

Page 7 of 8

Public Comments Comments 6 C Raise Design Standards to Scottsdale Level

R Additional Design Standards Allowances for Sub-area Design Guidelines incorporated into Update

7 C Increase Open Space Requirements

R Mandatory Open Space reqs in Multiple Res and RSL districts

3

Public Comments Comments 8 C Regulate Portable Storage Containers rather

than Prohibit them (Existing exception allows during construction)

R Present Question to City Council

9 Several Comments from Homebuilders Association of Central Arizona (HBACA)

R Received HBACA Comments this morning Will study each one carefully and prepare a response by end of month

7

Council Study Session Study Session June 17 2010 Attachment 3

Page 8 of 8

Questions

PlanninglnfoMesaAzgov

wwwMesaAzgov

8

Page 16: COUNCIL MINUTES - Mesa, AZ

Study Session June 17 2010 Attachment 1

Page 6 of6

Proposal bull bull Waiver option

bull Small stores in older buildings that may not be able to comply with the ordinance can apply to have a security plan in lieu of complying with elements of the ordinance

bull Stores in compliance but still experiencing high crime and excessive calls for service (beer runs robberies etc) could be requiredto comply with a security plan in addition to the ordinance

ouwn E

[sect6~ r~Ve Q

~ ~~Cgt Industry Concerns bull bull Stakeholders feel the new ordinance penalizes

all stores when the problem is limited to a very few

bull Stakeholders would like the City to pilot the new ordinance conducting an evaluation after an established time period to determine its effectiveness with the option of repealing the ordinance if it proves to be ineffective

6

Study Session June 17 2010

Law Of bees of Attachment 2

John K Mangum Pc Page 1 of 5

31B West Roosevelt Street Phoenix ArlZona 85003 (602) 252-5222 (602) 252-2508 (FAX)

To Chief Jo1m Meza

From Jo1m Mangum amp Trish Hart

Date June 102010

Re Mesa CPTED Ordinance

Cc Tim McCabe

o Urgent 0 For Review 0 Please Comment 0 Please Reply o Please Recycle

bull Comments

Based upon a complete review of the City ofMesa Proposed Convenience Store Ordinance Draft dated 4129110 the AFMA members asked us to present their issues and concerns with the draft The following list details those issues

Page 2

First paragraph line 6

Providing a penalty not to exceed $500 Based upon previous discussions on this issue we were told this language would be removed

Page 3

DEFINITIONS

Item 4middot Definition of Convenience Store

Our members are concerned that the definition as written does not apply to drug stores which also have late hours and sell the same type of products

Study Session June 17 2010 Attachment 2

Page 2 of 5

Page 4

AUTHORITY OF CHIEF

Will public hearings be held in connection with the drafting of the proposed rules for the CPTED ordinance Our clients would welcome the opportunity to be a part of those stakeholder meetings

Page 5

REGISTRATION REQUIRED FEES

b) Violation

Our clients are still extremely concerned about the fines structure As discussed In previous stakeholder meetings our clients believe a tiered fine structure would be a more appropriate manner in which to structure the fines associated with violations of the ordinance

c) Fee

Our clients would respectfully request this language taken out as it was agreed that there would not bea fee associated with this ordinance They believe if this language is kept in that a future council could add a fee at a later date We would also suggest that the City Attorney review ARS 9-50006 to determine if a fee would be allowed to be assessed

Page 9

SURVEILLANCE CAMERA SYSTEM VIDEO RECORDING AND STORAGE

1) Cameras

Our clients suggest the language should require cameras but not specifically detail in the language what type of picture must be produced They are concerned they could be found in violation for a pictureimage that does not specifically meet the standard as written In addition such a standard might preclude existing camera systems which wbuld result in the business owners having to purchase new equipment We believe the decision on what type of camera to purchase should be left to the store operator

bull Page 2

Study Session June 17 2010 Attachment 2

Page 3 of 5

Page 10

Subsection b) (3)

Change 30 days to either 2 weeks or 15 days

Our clients are concerned about the amount of video storage that stores would be required to have to store the required information The cost for storage is very expensive and will result in additional costs to the business owners In addition we would suggest that consideration be given to requiring the storage requirement to be limited to when an incident has occurred that required a police response

(4) Change 24 hours to1 week

Many store operators do not have the capability to make a copy of the required information without utilizing a third party provider to make the copy It can take 2-3 days to get a copy made to present to the Police We have also learned that only certain store employees have access to the digItal recordings so if that employee is out of town or away from the store a 24 hour timeframe would be a hardship on the store operator Our clients believe that one week would be a more appropriate timeframe

Page 11

STORE VISIBILITY

The small stores have significant issues with this section Many oOhe small stores are not configured in a way that would allow them to meet this requirement without significantly reducing their floor space or having to remodel the store If the store was forced to remodel in order to comply with these requirements it would be very costly especially to the small independent store operators

Page 11

EMPLOYEE SAFETY TRAINING TELEPHONE ACCESS

1) Training

Our clients have the following questions related to the training language

Does the training have to be annually Would it be possible to have an initial training and then a refresher course each year

bull Page 3

Study Session June 17 2010 Attachment 2

Page 4 of 5

Page 12

2) Requirement to be trained in a month

Most of the small stores do not have the ability to perform in store training For those stores that do not have in store training and plan to utilize the City of Mesa training will the City be available to train individuals on a monthly basis Perhaps the timeframe for training should be adjusted based upon the availbity of training

GENERAL SAFETY CONDITIONS

b) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

Page 13

(d) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

(e) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with installing locking mechanisms on the beer coolers

(f) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with netting beer displays and are not convinced that netting the beer displays will do much to reduce the beer runs

Other general concerns raised were

bull GrandfatheringCosts~ Our clients believe this ordinance should be applied in the Development Review Process If the ordinance is applied to new stores or is triggered when a store is remodeled the costs associated with complYIng could be built into the stores budget This ordinance will produce unplanned costs for stores that are already struggling in these tough economic times Our clients believe without grandfathering existing stores that the costs

bull Page4

Study Session June 17 2010 Attachment 2

Page 5 of 5

associated with compliance will be a significant burden to the store operators We are in the process of compiling an estimated cost per store for the implementation of the CPTED ordinance and we will provide you a copy as soon as it is available

bull Resources~ If our clients institutes all the practices in the ordinance will the City of Mesa allocate appropriate resources to respond for calls for service

bull Audit of Ordinance- Our clients would request that a review of the ordinance be completed within 1-2 years to evaluate the ordinance and determine if it is achieving the desired objectives If the ordinance is not meeting the objectives we would ask the City consider repealing the ordinance

We greatly appreciate your assistance with this issue and look forward to working together to find workable solutions If you have any questions please call Trish Hart or John Mangum at (602) 252-5222

bull Page 5

ouncil Study Session Study Session June 17 2010 Attachment 3

Page 1 of 8

~ -~ mesamiddotaz

Zoning Ordinance Update Progress Report

Public Comment Period

Presentation to

City Council Study Session

June 17 2010

~ -~ ~ Topical Public Workshops shy

Single Residence amp new RSL districtbull 412 Multiple Res amp General Landscapingbull 422 Commercial- Part 1 Retail amp Officebull 427 Commercial- Part 2 Transit Mixedbull 54 Use and Urban amp Parking Reqs

Industrial amp Telecomm Facilitiesbull 5113 Downtown and Infillbull 520

Single Residence RSLbull 52 5 Planned Area Developments amp

-Planned Community Districts

1

Council Study Session Study Session June 172010 Attachment 3

Page 2 of8

~=======-=----=======~

General Topic Public Workshops Superstition Community Room (CD-6) bull 61

bull 610 Fire Station 216 Community Room (CD-5)

Fire Station 206 Community Room (CD-2) bull 614 Fire Station 218 Community Room (CD-I) bull 615

Future Workshops bull June 29 Tuesday

Fire Station 202 Community Room (CD-4)

bull June 30 Wednesday La Casita Dobson Ranch (CD-3)

~ ~ BoardHearing Schedule bull Design Review Board

bull June 2 Recommendations Part 1

bull July 7 Recommendations - Part 2

bull Economic Development Advisory Board bull May 4 General OverviewChange Summary

bull Planning amp Zoning Board bull June 16 Public Hearing - Public Comments

bull July 21 Public Hearing Comments bull Prepare Revised Draft Zoning Ordinance bull August 18 Public Hearing - Recommendation

2

Council Study Session Study Session June 17 2010 Attachment 3

Page 30f8

Public Comments

Comments and Response

1 c Allow RV Parking in Single Residence Side Yards Longer than 30 Limit

R Allow 40 RVs on Lots Greater than 15000 sf keep at 30 for lots less than 15000 sf

2 C Allow Shallower Lots Depths in RS-6

R Adjust Min Lot Depth from 94 to 90

~ - __-

V-shy~~

Allowance of 40 RV in 15000 sf lot amp 30 RV in Lots less than 15000 sf

15000 sf Lot

-6000 sf Lot

RS-15 Lot House

t-

HouseIJIJ ~ II AAl-

JIPorch

I A

3

Council Study Session Study Session June 17 2010 Attachment 3

Page 4 of 8

Public Comments Comment and Response 3 C Allow Side Entry Garages to encroach into

Front Yard

R Present Options to PampZ Board and to City Council

4 C Reduce Options for Front or Rear Yard Encroachments - Too Dense R Leave as Proposed

5 C Encourage Underground Parking

R Density Bonus 7

Garage Placement in RS amp RSL

8

4

Council Study Session Study Session June 17 2010 Attachment 3

Page 5 of 8

Frant Entry v Garamiddot e Encroachment------==-=-

C oX Q)

ii E 9 -5

ltJ) (Q rJ) e OJ u

J2c

UJ c

middots -0

co ~ House ~ C

~ ~ -0 -0 House(Q ltJ)

~ o 0shye 0

I- M j~ Porch

---~U--I- - - - - r--- --- - - - - shy

9

~~====--=---~= =-=---==ide Entry Garages-l(om Front

5

Council Study Session Study Session June 17 2010 Attachment 3

Page 6 of8

11

ide Entry Garagesfr6mFront

12

6

Council Study Session Study Session June 172010 Attachment 3

Page 7 of 8

Public Comments Comments 6 C Raise Design Standards to Scottsdale Level

R Additional Design Standards Allowances for Sub-area Design Guidelines incorporated into Update

7 C Increase Open Space Requirements

R Mandatory Open Space reqs in Multiple Res and RSL districts

3

Public Comments Comments 8 C Regulate Portable Storage Containers rather

than Prohibit them (Existing exception allows during construction)

R Present Question to City Council

9 Several Comments from Homebuilders Association of Central Arizona (HBACA)

R Received HBACA Comments this morning Will study each one carefully and prepare a response by end of month

7

Council Study Session Study Session June 17 2010 Attachment 3

Page 8 of 8

Questions

PlanninglnfoMesaAzgov

wwwMesaAzgov

8

Page 17: COUNCIL MINUTES - Mesa, AZ

Study Session June 17 2010

Law Of bees of Attachment 2

John K Mangum Pc Page 1 of 5

31B West Roosevelt Street Phoenix ArlZona 85003 (602) 252-5222 (602) 252-2508 (FAX)

To Chief Jo1m Meza

From Jo1m Mangum amp Trish Hart

Date June 102010

Re Mesa CPTED Ordinance

Cc Tim McCabe

o Urgent 0 For Review 0 Please Comment 0 Please Reply o Please Recycle

bull Comments

Based upon a complete review of the City ofMesa Proposed Convenience Store Ordinance Draft dated 4129110 the AFMA members asked us to present their issues and concerns with the draft The following list details those issues

Page 2

First paragraph line 6

Providing a penalty not to exceed $500 Based upon previous discussions on this issue we were told this language would be removed

Page 3

DEFINITIONS

Item 4middot Definition of Convenience Store

Our members are concerned that the definition as written does not apply to drug stores which also have late hours and sell the same type of products

Study Session June 17 2010 Attachment 2

Page 2 of 5

Page 4

AUTHORITY OF CHIEF

Will public hearings be held in connection with the drafting of the proposed rules for the CPTED ordinance Our clients would welcome the opportunity to be a part of those stakeholder meetings

Page 5

REGISTRATION REQUIRED FEES

b) Violation

Our clients are still extremely concerned about the fines structure As discussed In previous stakeholder meetings our clients believe a tiered fine structure would be a more appropriate manner in which to structure the fines associated with violations of the ordinance

c) Fee

Our clients would respectfully request this language taken out as it was agreed that there would not bea fee associated with this ordinance They believe if this language is kept in that a future council could add a fee at a later date We would also suggest that the City Attorney review ARS 9-50006 to determine if a fee would be allowed to be assessed

Page 9

SURVEILLANCE CAMERA SYSTEM VIDEO RECORDING AND STORAGE

1) Cameras

Our clients suggest the language should require cameras but not specifically detail in the language what type of picture must be produced They are concerned they could be found in violation for a pictureimage that does not specifically meet the standard as written In addition such a standard might preclude existing camera systems which wbuld result in the business owners having to purchase new equipment We believe the decision on what type of camera to purchase should be left to the store operator

bull Page 2

Study Session June 17 2010 Attachment 2

Page 3 of 5

Page 10

Subsection b) (3)

Change 30 days to either 2 weeks or 15 days

Our clients are concerned about the amount of video storage that stores would be required to have to store the required information The cost for storage is very expensive and will result in additional costs to the business owners In addition we would suggest that consideration be given to requiring the storage requirement to be limited to when an incident has occurred that required a police response

(4) Change 24 hours to1 week

Many store operators do not have the capability to make a copy of the required information without utilizing a third party provider to make the copy It can take 2-3 days to get a copy made to present to the Police We have also learned that only certain store employees have access to the digItal recordings so if that employee is out of town or away from the store a 24 hour timeframe would be a hardship on the store operator Our clients believe that one week would be a more appropriate timeframe

Page 11

STORE VISIBILITY

The small stores have significant issues with this section Many oOhe small stores are not configured in a way that would allow them to meet this requirement without significantly reducing their floor space or having to remodel the store If the store was forced to remodel in order to comply with these requirements it would be very costly especially to the small independent store operators

Page 11

EMPLOYEE SAFETY TRAINING TELEPHONE ACCESS

1) Training

Our clients have the following questions related to the training language

Does the training have to be annually Would it be possible to have an initial training and then a refresher course each year

bull Page 3

Study Session June 17 2010 Attachment 2

Page 4 of 5

Page 12

2) Requirement to be trained in a month

Most of the small stores do not have the ability to perform in store training For those stores that do not have in store training and plan to utilize the City of Mesa training will the City be available to train individuals on a monthly basis Perhaps the timeframe for training should be adjusted based upon the availbity of training

GENERAL SAFETY CONDITIONS

b) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

Page 13

(d) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

(e) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with installing locking mechanisms on the beer coolers

(f) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with netting beer displays and are not convinced that netting the beer displays will do much to reduce the beer runs

Other general concerns raised were

bull GrandfatheringCosts~ Our clients believe this ordinance should be applied in the Development Review Process If the ordinance is applied to new stores or is triggered when a store is remodeled the costs associated with complYIng could be built into the stores budget This ordinance will produce unplanned costs for stores that are already struggling in these tough economic times Our clients believe without grandfathering existing stores that the costs

bull Page4

Study Session June 17 2010 Attachment 2

Page 5 of 5

associated with compliance will be a significant burden to the store operators We are in the process of compiling an estimated cost per store for the implementation of the CPTED ordinance and we will provide you a copy as soon as it is available

bull Resources~ If our clients institutes all the practices in the ordinance will the City of Mesa allocate appropriate resources to respond for calls for service

bull Audit of Ordinance- Our clients would request that a review of the ordinance be completed within 1-2 years to evaluate the ordinance and determine if it is achieving the desired objectives If the ordinance is not meeting the objectives we would ask the City consider repealing the ordinance

We greatly appreciate your assistance with this issue and look forward to working together to find workable solutions If you have any questions please call Trish Hart or John Mangum at (602) 252-5222

bull Page 5

ouncil Study Session Study Session June 17 2010 Attachment 3

Page 1 of 8

~ -~ mesamiddotaz

Zoning Ordinance Update Progress Report

Public Comment Period

Presentation to

City Council Study Session

June 17 2010

~ -~ ~ Topical Public Workshops shy

Single Residence amp new RSL districtbull 412 Multiple Res amp General Landscapingbull 422 Commercial- Part 1 Retail amp Officebull 427 Commercial- Part 2 Transit Mixedbull 54 Use and Urban amp Parking Reqs

Industrial amp Telecomm Facilitiesbull 5113 Downtown and Infillbull 520

Single Residence RSLbull 52 5 Planned Area Developments amp

-Planned Community Districts

1

Council Study Session Study Session June 172010 Attachment 3

Page 2 of8

~=======-=----=======~

General Topic Public Workshops Superstition Community Room (CD-6) bull 61

bull 610 Fire Station 216 Community Room (CD-5)

Fire Station 206 Community Room (CD-2) bull 614 Fire Station 218 Community Room (CD-I) bull 615

Future Workshops bull June 29 Tuesday

Fire Station 202 Community Room (CD-4)

bull June 30 Wednesday La Casita Dobson Ranch (CD-3)

~ ~ BoardHearing Schedule bull Design Review Board

bull June 2 Recommendations Part 1

bull July 7 Recommendations - Part 2

bull Economic Development Advisory Board bull May 4 General OverviewChange Summary

bull Planning amp Zoning Board bull June 16 Public Hearing - Public Comments

bull July 21 Public Hearing Comments bull Prepare Revised Draft Zoning Ordinance bull August 18 Public Hearing - Recommendation

2

Council Study Session Study Session June 17 2010 Attachment 3

Page 30f8

Public Comments

Comments and Response

1 c Allow RV Parking in Single Residence Side Yards Longer than 30 Limit

R Allow 40 RVs on Lots Greater than 15000 sf keep at 30 for lots less than 15000 sf

2 C Allow Shallower Lots Depths in RS-6

R Adjust Min Lot Depth from 94 to 90

~ - __-

V-shy~~

Allowance of 40 RV in 15000 sf lot amp 30 RV in Lots less than 15000 sf

15000 sf Lot

-6000 sf Lot

RS-15 Lot House

t-

HouseIJIJ ~ II AAl-

JIPorch

I A

3

Council Study Session Study Session June 17 2010 Attachment 3

Page 4 of 8

Public Comments Comment and Response 3 C Allow Side Entry Garages to encroach into

Front Yard

R Present Options to PampZ Board and to City Council

4 C Reduce Options for Front or Rear Yard Encroachments - Too Dense R Leave as Proposed

5 C Encourage Underground Parking

R Density Bonus 7

Garage Placement in RS amp RSL

8

4

Council Study Session Study Session June 17 2010 Attachment 3

Page 5 of 8

Frant Entry v Garamiddot e Encroachment------==-=-

C oX Q)

ii E 9 -5

ltJ) (Q rJ) e OJ u

J2c

UJ c

middots -0

co ~ House ~ C

~ ~ -0 -0 House(Q ltJ)

~ o 0shye 0

I- M j~ Porch

---~U--I- - - - - r--- --- - - - - shy

9

~~====--=---~= =-=---==ide Entry Garages-l(om Front

5

Council Study Session Study Session June 17 2010 Attachment 3

Page 6 of8

11

ide Entry Garagesfr6mFront

12

6

Council Study Session Study Session June 172010 Attachment 3

Page 7 of 8

Public Comments Comments 6 C Raise Design Standards to Scottsdale Level

R Additional Design Standards Allowances for Sub-area Design Guidelines incorporated into Update

7 C Increase Open Space Requirements

R Mandatory Open Space reqs in Multiple Res and RSL districts

3

Public Comments Comments 8 C Regulate Portable Storage Containers rather

than Prohibit them (Existing exception allows during construction)

R Present Question to City Council

9 Several Comments from Homebuilders Association of Central Arizona (HBACA)

R Received HBACA Comments this morning Will study each one carefully and prepare a response by end of month

7

Council Study Session Study Session June 17 2010 Attachment 3

Page 8 of 8

Questions

PlanninglnfoMesaAzgov

wwwMesaAzgov

8

Page 18: COUNCIL MINUTES - Mesa, AZ

Study Session June 17 2010 Attachment 2

Page 2 of 5

Page 4

AUTHORITY OF CHIEF

Will public hearings be held in connection with the drafting of the proposed rules for the CPTED ordinance Our clients would welcome the opportunity to be a part of those stakeholder meetings

Page 5

REGISTRATION REQUIRED FEES

b) Violation

Our clients are still extremely concerned about the fines structure As discussed In previous stakeholder meetings our clients believe a tiered fine structure would be a more appropriate manner in which to structure the fines associated with violations of the ordinance

c) Fee

Our clients would respectfully request this language taken out as it was agreed that there would not bea fee associated with this ordinance They believe if this language is kept in that a future council could add a fee at a later date We would also suggest that the City Attorney review ARS 9-50006 to determine if a fee would be allowed to be assessed

Page 9

SURVEILLANCE CAMERA SYSTEM VIDEO RECORDING AND STORAGE

1) Cameras

Our clients suggest the language should require cameras but not specifically detail in the language what type of picture must be produced They are concerned they could be found in violation for a pictureimage that does not specifically meet the standard as written In addition such a standard might preclude existing camera systems which wbuld result in the business owners having to purchase new equipment We believe the decision on what type of camera to purchase should be left to the store operator

bull Page 2

Study Session June 17 2010 Attachment 2

Page 3 of 5

Page 10

Subsection b) (3)

Change 30 days to either 2 weeks or 15 days

Our clients are concerned about the amount of video storage that stores would be required to have to store the required information The cost for storage is very expensive and will result in additional costs to the business owners In addition we would suggest that consideration be given to requiring the storage requirement to be limited to when an incident has occurred that required a police response

(4) Change 24 hours to1 week

Many store operators do not have the capability to make a copy of the required information without utilizing a third party provider to make the copy It can take 2-3 days to get a copy made to present to the Police We have also learned that only certain store employees have access to the digItal recordings so if that employee is out of town or away from the store a 24 hour timeframe would be a hardship on the store operator Our clients believe that one week would be a more appropriate timeframe

Page 11

STORE VISIBILITY

The small stores have significant issues with this section Many oOhe small stores are not configured in a way that would allow them to meet this requirement without significantly reducing their floor space or having to remodel the store If the store was forced to remodel in order to comply with these requirements it would be very costly especially to the small independent store operators

Page 11

EMPLOYEE SAFETY TRAINING TELEPHONE ACCESS

1) Training

Our clients have the following questions related to the training language

Does the training have to be annually Would it be possible to have an initial training and then a refresher course each year

bull Page 3

Study Session June 17 2010 Attachment 2

Page 4 of 5

Page 12

2) Requirement to be trained in a month

Most of the small stores do not have the ability to perform in store training For those stores that do not have in store training and plan to utilize the City of Mesa training will the City be available to train individuals on a monthly basis Perhaps the timeframe for training should be adjusted based upon the availbity of training

GENERAL SAFETY CONDITIONS

b) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

Page 13

(d) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

(e) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with installing locking mechanisms on the beer coolers

(f) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with netting beer displays and are not convinced that netting the beer displays will do much to reduce the beer runs

Other general concerns raised were

bull GrandfatheringCosts~ Our clients believe this ordinance should be applied in the Development Review Process If the ordinance is applied to new stores or is triggered when a store is remodeled the costs associated with complYIng could be built into the stores budget This ordinance will produce unplanned costs for stores that are already struggling in these tough economic times Our clients believe without grandfathering existing stores that the costs

bull Page4

Study Session June 17 2010 Attachment 2

Page 5 of 5

associated with compliance will be a significant burden to the store operators We are in the process of compiling an estimated cost per store for the implementation of the CPTED ordinance and we will provide you a copy as soon as it is available

bull Resources~ If our clients institutes all the practices in the ordinance will the City of Mesa allocate appropriate resources to respond for calls for service

bull Audit of Ordinance- Our clients would request that a review of the ordinance be completed within 1-2 years to evaluate the ordinance and determine if it is achieving the desired objectives If the ordinance is not meeting the objectives we would ask the City consider repealing the ordinance

We greatly appreciate your assistance with this issue and look forward to working together to find workable solutions If you have any questions please call Trish Hart or John Mangum at (602) 252-5222

bull Page 5

ouncil Study Session Study Session June 17 2010 Attachment 3

Page 1 of 8

~ -~ mesamiddotaz

Zoning Ordinance Update Progress Report

Public Comment Period

Presentation to

City Council Study Session

June 17 2010

~ -~ ~ Topical Public Workshops shy

Single Residence amp new RSL districtbull 412 Multiple Res amp General Landscapingbull 422 Commercial- Part 1 Retail amp Officebull 427 Commercial- Part 2 Transit Mixedbull 54 Use and Urban amp Parking Reqs

Industrial amp Telecomm Facilitiesbull 5113 Downtown and Infillbull 520

Single Residence RSLbull 52 5 Planned Area Developments amp

-Planned Community Districts

1

Council Study Session Study Session June 172010 Attachment 3

Page 2 of8

~=======-=----=======~

General Topic Public Workshops Superstition Community Room (CD-6) bull 61

bull 610 Fire Station 216 Community Room (CD-5)

Fire Station 206 Community Room (CD-2) bull 614 Fire Station 218 Community Room (CD-I) bull 615

Future Workshops bull June 29 Tuesday

Fire Station 202 Community Room (CD-4)

bull June 30 Wednesday La Casita Dobson Ranch (CD-3)

~ ~ BoardHearing Schedule bull Design Review Board

bull June 2 Recommendations Part 1

bull July 7 Recommendations - Part 2

bull Economic Development Advisory Board bull May 4 General OverviewChange Summary

bull Planning amp Zoning Board bull June 16 Public Hearing - Public Comments

bull July 21 Public Hearing Comments bull Prepare Revised Draft Zoning Ordinance bull August 18 Public Hearing - Recommendation

2

Council Study Session Study Session June 17 2010 Attachment 3

Page 30f8

Public Comments

Comments and Response

1 c Allow RV Parking in Single Residence Side Yards Longer than 30 Limit

R Allow 40 RVs on Lots Greater than 15000 sf keep at 30 for lots less than 15000 sf

2 C Allow Shallower Lots Depths in RS-6

R Adjust Min Lot Depth from 94 to 90

~ - __-

V-shy~~

Allowance of 40 RV in 15000 sf lot amp 30 RV in Lots less than 15000 sf

15000 sf Lot

-6000 sf Lot

RS-15 Lot House

t-

HouseIJIJ ~ II AAl-

JIPorch

I A

3

Council Study Session Study Session June 17 2010 Attachment 3

Page 4 of 8

Public Comments Comment and Response 3 C Allow Side Entry Garages to encroach into

Front Yard

R Present Options to PampZ Board and to City Council

4 C Reduce Options for Front or Rear Yard Encroachments - Too Dense R Leave as Proposed

5 C Encourage Underground Parking

R Density Bonus 7

Garage Placement in RS amp RSL

8

4

Council Study Session Study Session June 17 2010 Attachment 3

Page 5 of 8

Frant Entry v Garamiddot e Encroachment------==-=-

C oX Q)

ii E 9 -5

ltJ) (Q rJ) e OJ u

J2c

UJ c

middots -0

co ~ House ~ C

~ ~ -0 -0 House(Q ltJ)

~ o 0shye 0

I- M j~ Porch

---~U--I- - - - - r--- --- - - - - shy

9

~~====--=---~= =-=---==ide Entry Garages-l(om Front

5

Council Study Session Study Session June 17 2010 Attachment 3

Page 6 of8

11

ide Entry Garagesfr6mFront

12

6

Council Study Session Study Session June 172010 Attachment 3

Page 7 of 8

Public Comments Comments 6 C Raise Design Standards to Scottsdale Level

R Additional Design Standards Allowances for Sub-area Design Guidelines incorporated into Update

7 C Increase Open Space Requirements

R Mandatory Open Space reqs in Multiple Res and RSL districts

3

Public Comments Comments 8 C Regulate Portable Storage Containers rather

than Prohibit them (Existing exception allows during construction)

R Present Question to City Council

9 Several Comments from Homebuilders Association of Central Arizona (HBACA)

R Received HBACA Comments this morning Will study each one carefully and prepare a response by end of month

7

Council Study Session Study Session June 17 2010 Attachment 3

Page 8 of 8

Questions

PlanninglnfoMesaAzgov

wwwMesaAzgov

8

Page 19: COUNCIL MINUTES - Mesa, AZ

Study Session June 17 2010 Attachment 2

Page 3 of 5

Page 10

Subsection b) (3)

Change 30 days to either 2 weeks or 15 days

Our clients are concerned about the amount of video storage that stores would be required to have to store the required information The cost for storage is very expensive and will result in additional costs to the business owners In addition we would suggest that consideration be given to requiring the storage requirement to be limited to when an incident has occurred that required a police response

(4) Change 24 hours to1 week

Many store operators do not have the capability to make a copy of the required information without utilizing a third party provider to make the copy It can take 2-3 days to get a copy made to present to the Police We have also learned that only certain store employees have access to the digItal recordings so if that employee is out of town or away from the store a 24 hour timeframe would be a hardship on the store operator Our clients believe that one week would be a more appropriate timeframe

Page 11

STORE VISIBILITY

The small stores have significant issues with this section Many oOhe small stores are not configured in a way that would allow them to meet this requirement without significantly reducing their floor space or having to remodel the store If the store was forced to remodel in order to comply with these requirements it would be very costly especially to the small independent store operators

Page 11

EMPLOYEE SAFETY TRAINING TELEPHONE ACCESS

1) Training

Our clients have the following questions related to the training language

Does the training have to be annually Would it be possible to have an initial training and then a refresher course each year

bull Page 3

Study Session June 17 2010 Attachment 2

Page 4 of 5

Page 12

2) Requirement to be trained in a month

Most of the small stores do not have the ability to perform in store training For those stores that do not have in store training and plan to utilize the City of Mesa training will the City be available to train individuals on a monthly basis Perhaps the timeframe for training should be adjusted based upon the availbity of training

GENERAL SAFETY CONDITIONS

b) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

Page 13

(d) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

(e) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with installing locking mechanisms on the beer coolers

(f) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with netting beer displays and are not convinced that netting the beer displays will do much to reduce the beer runs

Other general concerns raised were

bull GrandfatheringCosts~ Our clients believe this ordinance should be applied in the Development Review Process If the ordinance is applied to new stores or is triggered when a store is remodeled the costs associated with complYIng could be built into the stores budget This ordinance will produce unplanned costs for stores that are already struggling in these tough economic times Our clients believe without grandfathering existing stores that the costs

bull Page4

Study Session June 17 2010 Attachment 2

Page 5 of 5

associated with compliance will be a significant burden to the store operators We are in the process of compiling an estimated cost per store for the implementation of the CPTED ordinance and we will provide you a copy as soon as it is available

bull Resources~ If our clients institutes all the practices in the ordinance will the City of Mesa allocate appropriate resources to respond for calls for service

bull Audit of Ordinance- Our clients would request that a review of the ordinance be completed within 1-2 years to evaluate the ordinance and determine if it is achieving the desired objectives If the ordinance is not meeting the objectives we would ask the City consider repealing the ordinance

We greatly appreciate your assistance with this issue and look forward to working together to find workable solutions If you have any questions please call Trish Hart or John Mangum at (602) 252-5222

bull Page 5

ouncil Study Session Study Session June 17 2010 Attachment 3

Page 1 of 8

~ -~ mesamiddotaz

Zoning Ordinance Update Progress Report

Public Comment Period

Presentation to

City Council Study Session

June 17 2010

~ -~ ~ Topical Public Workshops shy

Single Residence amp new RSL districtbull 412 Multiple Res amp General Landscapingbull 422 Commercial- Part 1 Retail amp Officebull 427 Commercial- Part 2 Transit Mixedbull 54 Use and Urban amp Parking Reqs

Industrial amp Telecomm Facilitiesbull 5113 Downtown and Infillbull 520

Single Residence RSLbull 52 5 Planned Area Developments amp

-Planned Community Districts

1

Council Study Session Study Session June 172010 Attachment 3

Page 2 of8

~=======-=----=======~

General Topic Public Workshops Superstition Community Room (CD-6) bull 61

bull 610 Fire Station 216 Community Room (CD-5)

Fire Station 206 Community Room (CD-2) bull 614 Fire Station 218 Community Room (CD-I) bull 615

Future Workshops bull June 29 Tuesday

Fire Station 202 Community Room (CD-4)

bull June 30 Wednesday La Casita Dobson Ranch (CD-3)

~ ~ BoardHearing Schedule bull Design Review Board

bull June 2 Recommendations Part 1

bull July 7 Recommendations - Part 2

bull Economic Development Advisory Board bull May 4 General OverviewChange Summary

bull Planning amp Zoning Board bull June 16 Public Hearing - Public Comments

bull July 21 Public Hearing Comments bull Prepare Revised Draft Zoning Ordinance bull August 18 Public Hearing - Recommendation

2

Council Study Session Study Session June 17 2010 Attachment 3

Page 30f8

Public Comments

Comments and Response

1 c Allow RV Parking in Single Residence Side Yards Longer than 30 Limit

R Allow 40 RVs on Lots Greater than 15000 sf keep at 30 for lots less than 15000 sf

2 C Allow Shallower Lots Depths in RS-6

R Adjust Min Lot Depth from 94 to 90

~ - __-

V-shy~~

Allowance of 40 RV in 15000 sf lot amp 30 RV in Lots less than 15000 sf

15000 sf Lot

-6000 sf Lot

RS-15 Lot House

t-

HouseIJIJ ~ II AAl-

JIPorch

I A

3

Council Study Session Study Session June 17 2010 Attachment 3

Page 4 of 8

Public Comments Comment and Response 3 C Allow Side Entry Garages to encroach into

Front Yard

R Present Options to PampZ Board and to City Council

4 C Reduce Options for Front or Rear Yard Encroachments - Too Dense R Leave as Proposed

5 C Encourage Underground Parking

R Density Bonus 7

Garage Placement in RS amp RSL

8

4

Council Study Session Study Session June 17 2010 Attachment 3

Page 5 of 8

Frant Entry v Garamiddot e Encroachment------==-=-

C oX Q)

ii E 9 -5

ltJ) (Q rJ) e OJ u

J2c

UJ c

middots -0

co ~ House ~ C

~ ~ -0 -0 House(Q ltJ)

~ o 0shye 0

I- M j~ Porch

---~U--I- - - - - r--- --- - - - - shy

9

~~====--=---~= =-=---==ide Entry Garages-l(om Front

5

Council Study Session Study Session June 17 2010 Attachment 3

Page 6 of8

11

ide Entry Garagesfr6mFront

12

6

Council Study Session Study Session June 172010 Attachment 3

Page 7 of 8

Public Comments Comments 6 C Raise Design Standards to Scottsdale Level

R Additional Design Standards Allowances for Sub-area Design Guidelines incorporated into Update

7 C Increase Open Space Requirements

R Mandatory Open Space reqs in Multiple Res and RSL districts

3

Public Comments Comments 8 C Regulate Portable Storage Containers rather

than Prohibit them (Existing exception allows during construction)

R Present Question to City Council

9 Several Comments from Homebuilders Association of Central Arizona (HBACA)

R Received HBACA Comments this morning Will study each one carefully and prepare a response by end of month

7

Council Study Session Study Session June 17 2010 Attachment 3

Page 8 of 8

Questions

PlanninglnfoMesaAzgov

wwwMesaAzgov

8

Page 20: COUNCIL MINUTES - Mesa, AZ

Study Session June 17 2010 Attachment 2

Page 4 of 5

Page 12

2) Requirement to be trained in a month

Most of the small stores do not have the ability to perform in store training For those stores that do not have in store training and plan to utilize the City of Mesa training will the City be available to train individuals on a monthly basis Perhaps the timeframe for training should be adjusted based upon the availbity of training

GENERAL SAFETY CONDITIONS

b) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

Page 13

(d) Change within 48 hours to in a reasonable amount of time

Our client believes the suggested language is better suited for the objective

(e) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with installing locking mechanisms on the beer coolers

(f) Strike Saturday insert Sunday Strike 200 am to 1000am (Sunday)

This language needs to be changed to conform to new state law In addition our clients are concerned about the costs associated with netting beer displays and are not convinced that netting the beer displays will do much to reduce the beer runs

Other general concerns raised were

bull GrandfatheringCosts~ Our clients believe this ordinance should be applied in the Development Review Process If the ordinance is applied to new stores or is triggered when a store is remodeled the costs associated with complYIng could be built into the stores budget This ordinance will produce unplanned costs for stores that are already struggling in these tough economic times Our clients believe without grandfathering existing stores that the costs

bull Page4

Study Session June 17 2010 Attachment 2

Page 5 of 5

associated with compliance will be a significant burden to the store operators We are in the process of compiling an estimated cost per store for the implementation of the CPTED ordinance and we will provide you a copy as soon as it is available

bull Resources~ If our clients institutes all the practices in the ordinance will the City of Mesa allocate appropriate resources to respond for calls for service

bull Audit of Ordinance- Our clients would request that a review of the ordinance be completed within 1-2 years to evaluate the ordinance and determine if it is achieving the desired objectives If the ordinance is not meeting the objectives we would ask the City consider repealing the ordinance

We greatly appreciate your assistance with this issue and look forward to working together to find workable solutions If you have any questions please call Trish Hart or John Mangum at (602) 252-5222

bull Page 5

ouncil Study Session Study Session June 17 2010 Attachment 3

Page 1 of 8

~ -~ mesamiddotaz

Zoning Ordinance Update Progress Report

Public Comment Period

Presentation to

City Council Study Session

June 17 2010

~ -~ ~ Topical Public Workshops shy

Single Residence amp new RSL districtbull 412 Multiple Res amp General Landscapingbull 422 Commercial- Part 1 Retail amp Officebull 427 Commercial- Part 2 Transit Mixedbull 54 Use and Urban amp Parking Reqs

Industrial amp Telecomm Facilitiesbull 5113 Downtown and Infillbull 520

Single Residence RSLbull 52 5 Planned Area Developments amp

-Planned Community Districts

1

Council Study Session Study Session June 172010 Attachment 3

Page 2 of8

~=======-=----=======~

General Topic Public Workshops Superstition Community Room (CD-6) bull 61

bull 610 Fire Station 216 Community Room (CD-5)

Fire Station 206 Community Room (CD-2) bull 614 Fire Station 218 Community Room (CD-I) bull 615

Future Workshops bull June 29 Tuesday

Fire Station 202 Community Room (CD-4)

bull June 30 Wednesday La Casita Dobson Ranch (CD-3)

~ ~ BoardHearing Schedule bull Design Review Board

bull June 2 Recommendations Part 1

bull July 7 Recommendations - Part 2

bull Economic Development Advisory Board bull May 4 General OverviewChange Summary

bull Planning amp Zoning Board bull June 16 Public Hearing - Public Comments

bull July 21 Public Hearing Comments bull Prepare Revised Draft Zoning Ordinance bull August 18 Public Hearing - Recommendation

2

Council Study Session Study Session June 17 2010 Attachment 3

Page 30f8

Public Comments

Comments and Response

1 c Allow RV Parking in Single Residence Side Yards Longer than 30 Limit

R Allow 40 RVs on Lots Greater than 15000 sf keep at 30 for lots less than 15000 sf

2 C Allow Shallower Lots Depths in RS-6

R Adjust Min Lot Depth from 94 to 90

~ - __-

V-shy~~

Allowance of 40 RV in 15000 sf lot amp 30 RV in Lots less than 15000 sf

15000 sf Lot

-6000 sf Lot

RS-15 Lot House

t-

HouseIJIJ ~ II AAl-

JIPorch

I A

3

Council Study Session Study Session June 17 2010 Attachment 3

Page 4 of 8

Public Comments Comment and Response 3 C Allow Side Entry Garages to encroach into

Front Yard

R Present Options to PampZ Board and to City Council

4 C Reduce Options for Front or Rear Yard Encroachments - Too Dense R Leave as Proposed

5 C Encourage Underground Parking

R Density Bonus 7

Garage Placement in RS amp RSL

8

4

Council Study Session Study Session June 17 2010 Attachment 3

Page 5 of 8

Frant Entry v Garamiddot e Encroachment------==-=-

C oX Q)

ii E 9 -5

ltJ) (Q rJ) e OJ u

J2c

UJ c

middots -0

co ~ House ~ C

~ ~ -0 -0 House(Q ltJ)

~ o 0shye 0

I- M j~ Porch

---~U--I- - - - - r--- --- - - - - shy

9

~~====--=---~= =-=---==ide Entry Garages-l(om Front

5

Council Study Session Study Session June 17 2010 Attachment 3

Page 6 of8

11

ide Entry Garagesfr6mFront

12

6

Council Study Session Study Session June 172010 Attachment 3

Page 7 of 8

Public Comments Comments 6 C Raise Design Standards to Scottsdale Level

R Additional Design Standards Allowances for Sub-area Design Guidelines incorporated into Update

7 C Increase Open Space Requirements

R Mandatory Open Space reqs in Multiple Res and RSL districts

3

Public Comments Comments 8 C Regulate Portable Storage Containers rather

than Prohibit them (Existing exception allows during construction)

R Present Question to City Council

9 Several Comments from Homebuilders Association of Central Arizona (HBACA)

R Received HBACA Comments this morning Will study each one carefully and prepare a response by end of month

7

Council Study Session Study Session June 17 2010 Attachment 3

Page 8 of 8

Questions

PlanninglnfoMesaAzgov

wwwMesaAzgov

8

Page 21: COUNCIL MINUTES - Mesa, AZ

Study Session June 17 2010 Attachment 2

Page 5 of 5

associated with compliance will be a significant burden to the store operators We are in the process of compiling an estimated cost per store for the implementation of the CPTED ordinance and we will provide you a copy as soon as it is available

bull Resources~ If our clients institutes all the practices in the ordinance will the City of Mesa allocate appropriate resources to respond for calls for service

bull Audit of Ordinance- Our clients would request that a review of the ordinance be completed within 1-2 years to evaluate the ordinance and determine if it is achieving the desired objectives If the ordinance is not meeting the objectives we would ask the City consider repealing the ordinance

We greatly appreciate your assistance with this issue and look forward to working together to find workable solutions If you have any questions please call Trish Hart or John Mangum at (602) 252-5222

bull Page 5

ouncil Study Session Study Session June 17 2010 Attachment 3

Page 1 of 8

~ -~ mesamiddotaz

Zoning Ordinance Update Progress Report

Public Comment Period

Presentation to

City Council Study Session

June 17 2010

~ -~ ~ Topical Public Workshops shy

Single Residence amp new RSL districtbull 412 Multiple Res amp General Landscapingbull 422 Commercial- Part 1 Retail amp Officebull 427 Commercial- Part 2 Transit Mixedbull 54 Use and Urban amp Parking Reqs

Industrial amp Telecomm Facilitiesbull 5113 Downtown and Infillbull 520

Single Residence RSLbull 52 5 Planned Area Developments amp

-Planned Community Districts

1

Council Study Session Study Session June 172010 Attachment 3

Page 2 of8

~=======-=----=======~

General Topic Public Workshops Superstition Community Room (CD-6) bull 61

bull 610 Fire Station 216 Community Room (CD-5)

Fire Station 206 Community Room (CD-2) bull 614 Fire Station 218 Community Room (CD-I) bull 615

Future Workshops bull June 29 Tuesday

Fire Station 202 Community Room (CD-4)

bull June 30 Wednesday La Casita Dobson Ranch (CD-3)

~ ~ BoardHearing Schedule bull Design Review Board

bull June 2 Recommendations Part 1

bull July 7 Recommendations - Part 2

bull Economic Development Advisory Board bull May 4 General OverviewChange Summary

bull Planning amp Zoning Board bull June 16 Public Hearing - Public Comments

bull July 21 Public Hearing Comments bull Prepare Revised Draft Zoning Ordinance bull August 18 Public Hearing - Recommendation

2

Council Study Session Study Session June 17 2010 Attachment 3

Page 30f8

Public Comments

Comments and Response

1 c Allow RV Parking in Single Residence Side Yards Longer than 30 Limit

R Allow 40 RVs on Lots Greater than 15000 sf keep at 30 for lots less than 15000 sf

2 C Allow Shallower Lots Depths in RS-6

R Adjust Min Lot Depth from 94 to 90

~ - __-

V-shy~~

Allowance of 40 RV in 15000 sf lot amp 30 RV in Lots less than 15000 sf

15000 sf Lot

-6000 sf Lot

RS-15 Lot House

t-

HouseIJIJ ~ II AAl-

JIPorch

I A

3

Council Study Session Study Session June 17 2010 Attachment 3

Page 4 of 8

Public Comments Comment and Response 3 C Allow Side Entry Garages to encroach into

Front Yard

R Present Options to PampZ Board and to City Council

4 C Reduce Options for Front or Rear Yard Encroachments - Too Dense R Leave as Proposed

5 C Encourage Underground Parking

R Density Bonus 7

Garage Placement in RS amp RSL

8

4

Council Study Session Study Session June 17 2010 Attachment 3

Page 5 of 8

Frant Entry v Garamiddot e Encroachment------==-=-

C oX Q)

ii E 9 -5

ltJ) (Q rJ) e OJ u

J2c

UJ c

middots -0

co ~ House ~ C

~ ~ -0 -0 House(Q ltJ)

~ o 0shye 0

I- M j~ Porch

---~U--I- - - - - r--- --- - - - - shy

9

~~====--=---~= =-=---==ide Entry Garages-l(om Front

5

Council Study Session Study Session June 17 2010 Attachment 3

Page 6 of8

11

ide Entry Garagesfr6mFront

12

6

Council Study Session Study Session June 172010 Attachment 3

Page 7 of 8

Public Comments Comments 6 C Raise Design Standards to Scottsdale Level

R Additional Design Standards Allowances for Sub-area Design Guidelines incorporated into Update

7 C Increase Open Space Requirements

R Mandatory Open Space reqs in Multiple Res and RSL districts

3

Public Comments Comments 8 C Regulate Portable Storage Containers rather

than Prohibit them (Existing exception allows during construction)

R Present Question to City Council

9 Several Comments from Homebuilders Association of Central Arizona (HBACA)

R Received HBACA Comments this morning Will study each one carefully and prepare a response by end of month

7

Council Study Session Study Session June 17 2010 Attachment 3

Page 8 of 8

Questions

PlanninglnfoMesaAzgov

wwwMesaAzgov

8

Page 22: COUNCIL MINUTES - Mesa, AZ

ouncil Study Session Study Session June 17 2010 Attachment 3

Page 1 of 8

~ -~ mesamiddotaz

Zoning Ordinance Update Progress Report

Public Comment Period

Presentation to

City Council Study Session

June 17 2010

~ -~ ~ Topical Public Workshops shy

Single Residence amp new RSL districtbull 412 Multiple Res amp General Landscapingbull 422 Commercial- Part 1 Retail amp Officebull 427 Commercial- Part 2 Transit Mixedbull 54 Use and Urban amp Parking Reqs

Industrial amp Telecomm Facilitiesbull 5113 Downtown and Infillbull 520

Single Residence RSLbull 52 5 Planned Area Developments amp

-Planned Community Districts

1

Council Study Session Study Session June 172010 Attachment 3

Page 2 of8

~=======-=----=======~

General Topic Public Workshops Superstition Community Room (CD-6) bull 61

bull 610 Fire Station 216 Community Room (CD-5)

Fire Station 206 Community Room (CD-2) bull 614 Fire Station 218 Community Room (CD-I) bull 615

Future Workshops bull June 29 Tuesday

Fire Station 202 Community Room (CD-4)

bull June 30 Wednesday La Casita Dobson Ranch (CD-3)

~ ~ BoardHearing Schedule bull Design Review Board

bull June 2 Recommendations Part 1

bull July 7 Recommendations - Part 2

bull Economic Development Advisory Board bull May 4 General OverviewChange Summary

bull Planning amp Zoning Board bull June 16 Public Hearing - Public Comments

bull July 21 Public Hearing Comments bull Prepare Revised Draft Zoning Ordinance bull August 18 Public Hearing - Recommendation

2

Council Study Session Study Session June 17 2010 Attachment 3

Page 30f8

Public Comments

Comments and Response

1 c Allow RV Parking in Single Residence Side Yards Longer than 30 Limit

R Allow 40 RVs on Lots Greater than 15000 sf keep at 30 for lots less than 15000 sf

2 C Allow Shallower Lots Depths in RS-6

R Adjust Min Lot Depth from 94 to 90

~ - __-

V-shy~~

Allowance of 40 RV in 15000 sf lot amp 30 RV in Lots less than 15000 sf

15000 sf Lot

-6000 sf Lot

RS-15 Lot House

t-

HouseIJIJ ~ II AAl-

JIPorch

I A

3

Council Study Session Study Session June 17 2010 Attachment 3

Page 4 of 8

Public Comments Comment and Response 3 C Allow Side Entry Garages to encroach into

Front Yard

R Present Options to PampZ Board and to City Council

4 C Reduce Options for Front or Rear Yard Encroachments - Too Dense R Leave as Proposed

5 C Encourage Underground Parking

R Density Bonus 7

Garage Placement in RS amp RSL

8

4

Council Study Session Study Session June 17 2010 Attachment 3

Page 5 of 8

Frant Entry v Garamiddot e Encroachment------==-=-

C oX Q)

ii E 9 -5

ltJ) (Q rJ) e OJ u

J2c

UJ c

middots -0

co ~ House ~ C

~ ~ -0 -0 House(Q ltJ)

~ o 0shye 0

I- M j~ Porch

---~U--I- - - - - r--- --- - - - - shy

9

~~====--=---~= =-=---==ide Entry Garages-l(om Front

5

Council Study Session Study Session June 17 2010 Attachment 3

Page 6 of8

11

ide Entry Garagesfr6mFront

12

6

Council Study Session Study Session June 172010 Attachment 3

Page 7 of 8

Public Comments Comments 6 C Raise Design Standards to Scottsdale Level

R Additional Design Standards Allowances for Sub-area Design Guidelines incorporated into Update

7 C Increase Open Space Requirements

R Mandatory Open Space reqs in Multiple Res and RSL districts

3

Public Comments Comments 8 C Regulate Portable Storage Containers rather

than Prohibit them (Existing exception allows during construction)

R Present Question to City Council

9 Several Comments from Homebuilders Association of Central Arizona (HBACA)

R Received HBACA Comments this morning Will study each one carefully and prepare a response by end of month

7

Council Study Session Study Session June 17 2010 Attachment 3

Page 8 of 8

Questions

PlanninglnfoMesaAzgov

wwwMesaAzgov

8

Page 23: COUNCIL MINUTES - Mesa, AZ

Council Study Session Study Session June 172010 Attachment 3

Page 2 of8

~=======-=----=======~

General Topic Public Workshops Superstition Community Room (CD-6) bull 61

bull 610 Fire Station 216 Community Room (CD-5)

Fire Station 206 Community Room (CD-2) bull 614 Fire Station 218 Community Room (CD-I) bull 615

Future Workshops bull June 29 Tuesday

Fire Station 202 Community Room (CD-4)

bull June 30 Wednesday La Casita Dobson Ranch (CD-3)

~ ~ BoardHearing Schedule bull Design Review Board

bull June 2 Recommendations Part 1

bull July 7 Recommendations - Part 2

bull Economic Development Advisory Board bull May 4 General OverviewChange Summary

bull Planning amp Zoning Board bull June 16 Public Hearing - Public Comments

bull July 21 Public Hearing Comments bull Prepare Revised Draft Zoning Ordinance bull August 18 Public Hearing - Recommendation

2

Council Study Session Study Session June 17 2010 Attachment 3

Page 30f8

Public Comments

Comments and Response

1 c Allow RV Parking in Single Residence Side Yards Longer than 30 Limit

R Allow 40 RVs on Lots Greater than 15000 sf keep at 30 for lots less than 15000 sf

2 C Allow Shallower Lots Depths in RS-6

R Adjust Min Lot Depth from 94 to 90

~ - __-

V-shy~~

Allowance of 40 RV in 15000 sf lot amp 30 RV in Lots less than 15000 sf

15000 sf Lot

-6000 sf Lot

RS-15 Lot House

t-

HouseIJIJ ~ II AAl-

JIPorch

I A

3

Council Study Session Study Session June 17 2010 Attachment 3

Page 4 of 8

Public Comments Comment and Response 3 C Allow Side Entry Garages to encroach into

Front Yard

R Present Options to PampZ Board and to City Council

4 C Reduce Options for Front or Rear Yard Encroachments - Too Dense R Leave as Proposed

5 C Encourage Underground Parking

R Density Bonus 7

Garage Placement in RS amp RSL

8

4

Council Study Session Study Session June 17 2010 Attachment 3

Page 5 of 8

Frant Entry v Garamiddot e Encroachment------==-=-

C oX Q)

ii E 9 -5

ltJ) (Q rJ) e OJ u

J2c

UJ c

middots -0

co ~ House ~ C

~ ~ -0 -0 House(Q ltJ)

~ o 0shye 0

I- M j~ Porch

---~U--I- - - - - r--- --- - - - - shy

9

~~====--=---~= =-=---==ide Entry Garages-l(om Front

5

Council Study Session Study Session June 17 2010 Attachment 3

Page 6 of8

11

ide Entry Garagesfr6mFront

12

6

Council Study Session Study Session June 172010 Attachment 3

Page 7 of 8

Public Comments Comments 6 C Raise Design Standards to Scottsdale Level

R Additional Design Standards Allowances for Sub-area Design Guidelines incorporated into Update

7 C Increase Open Space Requirements

R Mandatory Open Space reqs in Multiple Res and RSL districts

3

Public Comments Comments 8 C Regulate Portable Storage Containers rather

than Prohibit them (Existing exception allows during construction)

R Present Question to City Council

9 Several Comments from Homebuilders Association of Central Arizona (HBACA)

R Received HBACA Comments this morning Will study each one carefully and prepare a response by end of month

7

Council Study Session Study Session June 17 2010 Attachment 3

Page 8 of 8

Questions

PlanninglnfoMesaAzgov

wwwMesaAzgov

8

Page 24: COUNCIL MINUTES - Mesa, AZ

Council Study Session Study Session June 17 2010 Attachment 3

Page 30f8

Public Comments

Comments and Response

1 c Allow RV Parking in Single Residence Side Yards Longer than 30 Limit

R Allow 40 RVs on Lots Greater than 15000 sf keep at 30 for lots less than 15000 sf

2 C Allow Shallower Lots Depths in RS-6

R Adjust Min Lot Depth from 94 to 90

~ - __-

V-shy~~

Allowance of 40 RV in 15000 sf lot amp 30 RV in Lots less than 15000 sf

15000 sf Lot

-6000 sf Lot

RS-15 Lot House

t-

HouseIJIJ ~ II AAl-

JIPorch

I A

3

Council Study Session Study Session June 17 2010 Attachment 3

Page 4 of 8

Public Comments Comment and Response 3 C Allow Side Entry Garages to encroach into

Front Yard

R Present Options to PampZ Board and to City Council

4 C Reduce Options for Front or Rear Yard Encroachments - Too Dense R Leave as Proposed

5 C Encourage Underground Parking

R Density Bonus 7

Garage Placement in RS amp RSL

8

4

Council Study Session Study Session June 17 2010 Attachment 3

Page 5 of 8

Frant Entry v Garamiddot e Encroachment------==-=-

C oX Q)

ii E 9 -5

ltJ) (Q rJ) e OJ u

J2c

UJ c

middots -0

co ~ House ~ C

~ ~ -0 -0 House(Q ltJ)

~ o 0shye 0

I- M j~ Porch

---~U--I- - - - - r--- --- - - - - shy

9

~~====--=---~= =-=---==ide Entry Garages-l(om Front

5

Council Study Session Study Session June 17 2010 Attachment 3

Page 6 of8

11

ide Entry Garagesfr6mFront

12

6

Council Study Session Study Session June 172010 Attachment 3

Page 7 of 8

Public Comments Comments 6 C Raise Design Standards to Scottsdale Level

R Additional Design Standards Allowances for Sub-area Design Guidelines incorporated into Update

7 C Increase Open Space Requirements

R Mandatory Open Space reqs in Multiple Res and RSL districts

3

Public Comments Comments 8 C Regulate Portable Storage Containers rather

than Prohibit them (Existing exception allows during construction)

R Present Question to City Council

9 Several Comments from Homebuilders Association of Central Arizona (HBACA)

R Received HBACA Comments this morning Will study each one carefully and prepare a response by end of month

7

Council Study Session Study Session June 17 2010 Attachment 3

Page 8 of 8

Questions

PlanninglnfoMesaAzgov

wwwMesaAzgov

8

Page 25: COUNCIL MINUTES - Mesa, AZ

Council Study Session Study Session June 17 2010 Attachment 3

Page 4 of 8

Public Comments Comment and Response 3 C Allow Side Entry Garages to encroach into

Front Yard

R Present Options to PampZ Board and to City Council

4 C Reduce Options for Front or Rear Yard Encroachments - Too Dense R Leave as Proposed

5 C Encourage Underground Parking

R Density Bonus 7

Garage Placement in RS amp RSL

8

4

Council Study Session Study Session June 17 2010 Attachment 3

Page 5 of 8

Frant Entry v Garamiddot e Encroachment------==-=-

C oX Q)

ii E 9 -5

ltJ) (Q rJ) e OJ u

J2c

UJ c

middots -0

co ~ House ~ C

~ ~ -0 -0 House(Q ltJ)

~ o 0shye 0

I- M j~ Porch

---~U--I- - - - - r--- --- - - - - shy

9

~~====--=---~= =-=---==ide Entry Garages-l(om Front

5

Council Study Session Study Session June 17 2010 Attachment 3

Page 6 of8

11

ide Entry Garagesfr6mFront

12

6

Council Study Session Study Session June 172010 Attachment 3

Page 7 of 8

Public Comments Comments 6 C Raise Design Standards to Scottsdale Level

R Additional Design Standards Allowances for Sub-area Design Guidelines incorporated into Update

7 C Increase Open Space Requirements

R Mandatory Open Space reqs in Multiple Res and RSL districts

3

Public Comments Comments 8 C Regulate Portable Storage Containers rather

than Prohibit them (Existing exception allows during construction)

R Present Question to City Council

9 Several Comments from Homebuilders Association of Central Arizona (HBACA)

R Received HBACA Comments this morning Will study each one carefully and prepare a response by end of month

7

Council Study Session Study Session June 17 2010 Attachment 3

Page 8 of 8

Questions

PlanninglnfoMesaAzgov

wwwMesaAzgov

8

Page 26: COUNCIL MINUTES - Mesa, AZ

Council Study Session Study Session June 17 2010 Attachment 3

Page 5 of 8

Frant Entry v Garamiddot e Encroachment------==-=-

C oX Q)

ii E 9 -5

ltJ) (Q rJ) e OJ u

J2c

UJ c

middots -0

co ~ House ~ C

~ ~ -0 -0 House(Q ltJ)

~ o 0shye 0

I- M j~ Porch

---~U--I- - - - - r--- --- - - - - shy

9

~~====--=---~= =-=---==ide Entry Garages-l(om Front

5

Council Study Session Study Session June 17 2010 Attachment 3

Page 6 of8

11

ide Entry Garagesfr6mFront

12

6

Council Study Session Study Session June 172010 Attachment 3

Page 7 of 8

Public Comments Comments 6 C Raise Design Standards to Scottsdale Level

R Additional Design Standards Allowances for Sub-area Design Guidelines incorporated into Update

7 C Increase Open Space Requirements

R Mandatory Open Space reqs in Multiple Res and RSL districts

3

Public Comments Comments 8 C Regulate Portable Storage Containers rather

than Prohibit them (Existing exception allows during construction)

R Present Question to City Council

9 Several Comments from Homebuilders Association of Central Arizona (HBACA)

R Received HBACA Comments this morning Will study each one carefully and prepare a response by end of month

7

Council Study Session Study Session June 17 2010 Attachment 3

Page 8 of 8

Questions

PlanninglnfoMesaAzgov

wwwMesaAzgov

8

Page 27: COUNCIL MINUTES - Mesa, AZ

Council Study Session Study Session June 17 2010 Attachment 3

Page 6 of8

11

ide Entry Garagesfr6mFront

12

6

Council Study Session Study Session June 172010 Attachment 3

Page 7 of 8

Public Comments Comments 6 C Raise Design Standards to Scottsdale Level

R Additional Design Standards Allowances for Sub-area Design Guidelines incorporated into Update

7 C Increase Open Space Requirements

R Mandatory Open Space reqs in Multiple Res and RSL districts

3

Public Comments Comments 8 C Regulate Portable Storage Containers rather

than Prohibit them (Existing exception allows during construction)

R Present Question to City Council

9 Several Comments from Homebuilders Association of Central Arizona (HBACA)

R Received HBACA Comments this morning Will study each one carefully and prepare a response by end of month

7

Council Study Session Study Session June 17 2010 Attachment 3

Page 8 of 8

Questions

PlanninglnfoMesaAzgov

wwwMesaAzgov

8

Page 28: COUNCIL MINUTES - Mesa, AZ

Council Study Session Study Session June 172010 Attachment 3

Page 7 of 8

Public Comments Comments 6 C Raise Design Standards to Scottsdale Level

R Additional Design Standards Allowances for Sub-area Design Guidelines incorporated into Update

7 C Increase Open Space Requirements

R Mandatory Open Space reqs in Multiple Res and RSL districts

3

Public Comments Comments 8 C Regulate Portable Storage Containers rather

than Prohibit them (Existing exception allows during construction)

R Present Question to City Council

9 Several Comments from Homebuilders Association of Central Arizona (HBACA)

R Received HBACA Comments this morning Will study each one carefully and prepare a response by end of month

7

Council Study Session Study Session June 17 2010 Attachment 3

Page 8 of 8

Questions

PlanninglnfoMesaAzgov

wwwMesaAzgov

8

Page 29: COUNCIL MINUTES - Mesa, AZ

Council Study Session Study Session June 17 2010 Attachment 3

Page 8 of 8

Questions

PlanninglnfoMesaAzgov

wwwMesaAzgov

8