Monday, February 03, 2020
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Eye On-The-Details > Approving and authorizing the City Manager to enter into a Communications License with Crown Castle Fiber LLC.
City Council Report
Date: February 10, 2020
To: City Council
Through: Kari Kent, Assistant City Manager
From: Elizabeth Huning, City Engineer
Marc Ahlstrom, Assistant City Engineer
Subject: Communication License Agreement for Crown Castle Fiber (Citywide)
Purpose and Recommendation
The purpose of this report is to request Council approval for a Communication License Agreement (License) for Crown Castle Fiber (Crown) for an initial five-year term with one additional automatic five-year renewal option.
The proposed non-exclusive License has a ten-year combined term.
Staff recommends that Council authorize the City Manager or his designee to execute this License on behalf of the City.
Background & Discussion
Crown applied for a License to work within the City’s rights of way and easements to install, operate, and maintain a conduit and fiber optic cable-based communications network.
Crown is a Competitive Local Exchange Carrier (CLEC) certified with the Arizona Corporation Commission to provide telecommunication services within the State.
Crown is a “carriers’ carrier” providing communication transport services for voice and data traffic through underground conduit and fiber optic cables and equipment, including antennas mounted on City owned streetlights.
Crown will build approximately 73 miles of conduit and fiber optic cables with a tentative construction start in May 2020. The project will be citywide.
The City will receive a phasing schedule in February 2020, at which time they will begin submitting for permits.
Alternatives
City Council could consider different licensing language.
Furthermore, City Council could choose not to authorize this License.
Fiscal Impact
Crown’s transactions with its customers will be subject to City transactional privilege taxes. Arizona State Statutes set parameters on license fees that local government may charge directly to telecommunication companies for the use of City property.
Specifically, facilities that provide intrastate telecommunications are exempt from the rights-of-way use fees. Crown has warranted that its system will be dedicated exclusively to providing services that are thus exempted by state statute.
Nevertheless, if at any time Crown cannot make such a warranty, it must pay the City’s annual per foot fee of $1.89 for any portion of its network carrying non-exempt services.
Crown will pay all permit, traffic control, and material testing fees related to the construction, installation, and maintenance of its network.
Crown paid $4,000 for the creation of the License which covers the City’s cost for processing this application.
Coordinated With
This License was coordinated with the City Attorney’s Office.
_________________________________________________________________________________
* Item 6-b 20-0150
Approving and authorizing the City Manager to enter into a Communications License with Crown Castle Fiber LLC.
The License will allow Crown Castle Fiber to construct and maintain a communications network in the public rights-of-way. (Citywide) *6-b
_________________________________________________________________________________
NOTE: The Agreement is 23 pages long
Date: February 10, 2020
To: City Council
Through: Kari Kent, Assistant City Manager
From: Elizabeth Huning, City Engineer
Marc Ahlstrom, Assistant City Engineer
Subject: Communication License Agreement for Crown Castle Fiber (Citywide)
Purpose and Recommendation
The purpose of this report is to request Council approval for a Communication License Agreement (License) for Crown Castle Fiber (Crown) for an initial five-year term with one additional automatic five-year renewal option.
The proposed non-exclusive License has a ten-year combined term.
Staff recommends that Council authorize the City Manager or his designee to execute this License on behalf of the City.
Background & Discussion
Crown applied for a License to work within the City’s rights of way and easements to install, operate, and maintain a conduit and fiber optic cable-based communications network.
Crown is a Competitive Local Exchange Carrier (CLEC) certified with the Arizona Corporation Commission to provide telecommunication services within the State.
Crown is a “carriers’ carrier” providing communication transport services for voice and data traffic through underground conduit and fiber optic cables and equipment, including antennas mounted on City owned streetlights.
Crown will build approximately 73 miles of conduit and fiber optic cables with a tentative construction start in May 2020. The project will be citywide.
The City will receive a phasing schedule in February 2020, at which time they will begin submitting for permits.
Alternatives
City Council could consider different licensing language.
Furthermore, City Council could choose not to authorize this License.
Fiscal Impact
Crown’s transactions with its customers will be subject to City transactional privilege taxes. Arizona State Statutes set parameters on license fees that local government may charge directly to telecommunication companies for the use of City property.
Specifically, facilities that provide intrastate telecommunications are exempt from the rights-of-way use fees. Crown has warranted that its system will be dedicated exclusively to providing services that are thus exempted by state statute.
Nevertheless, if at any time Crown cannot make such a warranty, it must pay the City’s annual per foot fee of $1.89 for any portion of its network carrying non-exempt services.
Crown will pay all permit, traffic control, and material testing fees related to the construction, installation, and maintenance of its network.
Crown paid $4,000 for the creation of the License which covers the City’s cost for processing this application.
Coordinated With
This License was coordinated with the City Attorney’s Office.
_________________________________________________________________________________
* Item 6-b 20-0150 Approving and authorizing the City Manager to enter into a Communications License with Crown Castle Fiber LLC.
The License will allow Crown Castle Fiber to construct and maintain a communications network in the public rights-of-way. (Citywide) *6-b
| File #: | 20-0150 |
| Type: | Resolution | Status: | Agenda Ready |
| In control: | City Council |
| On agenda: | 2/10/2020 |
| Title: | Approving and authorizing the City Manager to enter into a Communications License with Crown Castle Fiber LLC. The License will allow Crown Castle Fiber to construct and maintain a communications network in the public rights-of-way. (Citywide) |
| Attachments: | 1. Council Report, 2. Exhibit A to the Council Report - Location Map, 3. Resolution, 4. Agreement |
NOTE: The Agreement is 23 pages long
"Cranes in the Sky" Here In Mesa? Both Hizzoner John Giles + Jeff McVay, Director of Downtown Transformation Like That Phrase
But, but, but :
What is it really?
Crane in the sky Jeff McVay was quoted on [SEC Mesa Drive/Main Street]
“It’s our first crane in the air in downtown Mesa, which is an exciting time,’’ said Jeff McVay, Mesa’s manager of downtown transformation, alluding to The Grove’s status as the first major downtown redevelopment project . . .
In the latest episode of Song Exploder, Solange Knowles breaks down the creation of her gorgeous standout song from A Seat at the Table, “Cranes in the Sky.”
Solange has long travelled to Miami to seek creative refuge and serenity, but, as she explains on the podcast, the city had fallen into a maze of new construction: “Miami was going through a surge just like a lot of America… there was just so much real estate development at that time.
Literally eveywhere I looked around had a crane in the sky. You could not look at a street without dozens and dozens of them. It felt really heavy to me.”
It was that image that helped to inspire the direction and the feeling of the song:
“The heaviness and the weightiness and kind of, even, the eyesoreness of seeing all of these cranes be so disruptive in this space that I found peace in,.."
IN ANOTHER INTERVIEW WITH HER OLDER SISTER
"I remember looking up and seeing all of these cranes in the sky," she said.
"They were so heavy and such an eyesore, and not what I identified with peace and refuge.
"I remember thinking of it as an analogy for my transition—this idea of building up, up, up that was going on in our country at the time, all of this excessive building, and not really dealing with what was in front of us."
What is it really?
Crane in the sky Jeff McVay was quoted on [SEC Mesa Drive/Main Street]
“It’s our first crane in the air in downtown Mesa, which is an exciting time,’’ said Jeff McVay, Mesa’s manager of downtown transformation, alluding to The Grove’s status as the first major downtown redevelopment project . . .
Downtown Mesa’s revolution in full throttle
By Jim Walsh, Tribune Staff Writer
East Valley Tribune | 2020-02-02T01:00:00-07:
"The Grove on Main Street is rapidly rising on the eastern edge of downtown Mesa. Together with an exhaustive renovation of the Mesa Arizona Tempe grounds, construction of Arizona State University’s building and a nearby new “urban neigborhood”, The Grove will radically transform the downtown landscape.
Courtesy of City Creek Reserve
________________________________________________________________
Solange Breaks Down Her Hit Song
‘Cranes in the Sky’ (Listen)
by Hilton Dresden
bbook.com | January 15, 2017

Solange has long travelled to Miami to seek creative refuge and serenity, but, as she explains on the podcast, the city had fallen into a maze of new construction: “Miami was going through a surge just like a lot of America… there was just so much real estate development at that time.
Literally eveywhere I looked around had a crane in the sky. You could not look at a street without dozens and dozens of them. It felt really heavy to me.”
It was that image that helped to inspire the direction and the feeling of the song:
“The heaviness and the weightiness and kind of, even, the eyesoreness of seeing all of these cranes be so disruptive in this space that I found peace in,.."
IN ANOTHER INTERVIEW WITH HER OLDER SISTER
Beyonce Interviewed Solange & Revealed The Real Meaning Behind 'Cranes In The Sky'
11 January 2017, 11:17 | Updated: 11 January 2017, 11:26
In the candid interview, Solange opened up about her standout single 'Cranes In The Sky', revealing the song was written eight years ago. . . "I remember looking up and seeing all of these cranes in the sky," she said.
"They were so heavy and such an eyesore, and not what I identified with peace and refuge.
"I remember thinking of it as an analogy for my transition—this idea of building up, up, up that was going on in our country at the time, all of this excessive building, and not really dealing with what was in front of us."
>> Heads Up On This One!! TENTATIVE AGENDA Mesa City Council Meeting Mon 10 Feb 2020
Time to takes a closer look at just some of the action items on the Tentative Agenda that was printed last Thursday 01/30/20.
Let's skip the 12 liquor licenses and 1 bingo license.
There are 5 contracts - take a look (Item 5)
2 Resolutions:
Take a look at Item 6-b - The License will allow Crown Castle Fiber to construct and maintain a communications network in the public rights-of-way. (Citywide)
Source:
Council, Committee & Board Research Center > Click or Tap Here
________________________________________________________________________________
YOU CAN FIND MEETING DETAILS from the
MesaLegistar Calendar for February 2020
Click or Tap HERE
You are encouraged to use that available resource to find out ahead of time - more than a week before next Monday's City Council Meeting.
Take the time to get informed and access what's there for attachments.
If you might have questions, comments, concerns or issues please contact either the mayor, or any of the other six councilmembers that get paid to represent you.
_________________________________________________
6 Take action on the following resolutions:
* Item 6-a 20-0140
Approving and authorizing the City Manager to enter into an Airport Development Reimbursable Grant Agreement with the Arizona Department of Transportation (ADOT) Multimodal Planning Division Aeronautics Group for rehabilitation of the Higley Ramp-East at Falcon Field Airport.
* Item 6-b 20-0150
Approving and authorizing the City Manager to enter into a Communications License with Crown Castle Fiber LLC.
The License will allow Crown Castle Fiber to construct and maintain a communications network in the public rights-of-way. (Citywide) *6-b
________________________________________________________________________
7 Introduction of the following ordinances relating to the Hawes Crossing development, and setting February 24, 2020 as the date of the public hearing on these ordinances:
_________________________________________________________________________
This map shows the different areas near Phoenix-Mesa Gateway Airport where housing is allowed and forbidden. The area in pink is where it is banned and the yellow is an area where special permits are required. Hawes crossing, the area shaded by dots, is in Aircraft Overflight Area 3, where housing is allowed despite noise […]
Read More →
BLOGGER NOTE: In a different report 27 Oct 2019 Councilman Kevin Thompson, whose fast-growing District 6 includes Hawes Crossing, said he is planning to vote no to protect the airport.
Jason Barney of Gilbert, another property owner in the area, said, “I see this part of Mesa as a jewel for future development. Right now, this whole area is locked up by the zoning. This project unlocks that.’’
The plan does not detail what kind of housing is being considered. Nor does it mention the name of any developer.
_________________________________________________________________________
Item 7-a
20-0101 ZON17-00606 (District 6)
Within the 3200 through 4000 blocks of South Hawes Road (west side), the 3200 through 3600 blocks of South 80th street (east side), the 3600 through 4000 blocks of the South 80th Street alignment (east and west sides), the 7700 through 8400 blocks East Elliot road (south side), the 8100 through 8400 blocks of East Elliot Road (north side), the 8400 through 8800 blocks of East Warner Road (north side), and the 8100 through 8600 blocks of East Warner Road (south side).
Rezone from AG and LI to RS-6, RSL-4.0, RSL-2.5, RM-5, LC, GC, MX and LI with a PAD Overlay.

This request will establish the “Hawes Crossing” PAD to guide the future review of specific plans of development.
APPLICANT:
Jordan Rose, Rose Law Group
OWNERS:
Staff Recommendation: Approval with conditions
P&Z Board Recommendation: Adoption (Vote: 3-2)
Planning and Zoning Board member Jeffrey Crockett, joined with Tim Boyle in voting no. Chairwoman Michelle Dahlke and members Jessica Sarkissian and Deanna Villanueva-Saucedo voted yes.
(595± acres).
Rezone from AG to RSL-4.0, RSL-2.5, RM-5, OC, LC, GC, LI, and MX with a PAD Overlay. This request will establish the ‘Hawes Crossing’ PAD to guide the future review of specific plans of development.
Jordan Rose, Rose Law Group, applicant;
Arizona State Land Department, owner.
Staff Recommendation: Approval with conditions
P&Z Board Recommendation: Approval with conditions (Vote: 3-2)
(319.9± acres).
Initiated by the applicant, Jordan Rose, Rose Law Group
Owners:
(659.4± acres).
Initiated by the applicant, Jordan Rose, Rose Law Group, for the owners, State of Arizona.
1102 East University Drive (0.46± acres). Located west of Stapley Drive on the north side of University Drive. Rezone from RM-4 to NC. This request will allow for the expansion of existing personal services (hair salons) within an existing building. Nicole Posten-Thompson, On-Pointe Architecture, applicant; 1102 E University LLC, owner.
________________________________________________________________________________
Let's skip the 12 liquor licenses and 1 bingo license.
There are 5 contracts - take a look (Item 5)
2 Resolutions:
Take a look at Item 6-b - The License will allow Crown Castle Fiber to construct and maintain a communications network in the public rights-of-way. (Citywide)
Source:
Council, Committee & Board Research Center > Click or Tap Here
________________________________________________________________________________
YOU CAN FIND MEETING DETAILS from the
MesaLegistar Calendar for February 2020
Click or Tap HERE
You are encouraged to use that available resource to find out ahead of time - more than a week before next Monday's City Council Meeting.
Take the time to get informed and access what's there for attachments.
If you might have questions, comments, concerns or issues please contact either the mayor, or any of the other six councilmembers that get paid to represent you.
_________________________________________________
6 Take action on the following resolutions:
* Item 6-a 20-0140
Approving and authorizing the City Manager to enter into an Airport Development Reimbursable Grant Agreement with the Arizona Department of Transportation (ADOT) Multimodal Planning Division Aeronautics Group for rehabilitation of the Higley Ramp-East at Falcon Field Airport.
The total estimated cost for this project is $800,000, with ADOT paying 90% ($720,000). The remaining 10% ($80,000) is the responsibility of the City and is funded by the Falcon Field Airport Enterprise Fund. (District 5) *6-a
* Item 6-b 20-0150
Approving and authorizing the City Manager to enter into a Communications License with Crown Castle Fiber LLC.
The License will allow Crown Castle Fiber to construct and maintain a communications network in the public rights-of-way. (Citywide) *6-b
| File #: | 20-0150 |
| Type: | Resolution | Status: | Agenda Ready |
| In control: | City Council |
| On agenda: | 2/10/2020 |
| Title: | Approving and authorizing the City Manager to enter into a Communications License with Crown Castle Fiber LLC. The License will allow Crown Castle Fiber to construct and maintain a communications network in the public rights-of-way. (Citywide) |
| Attachments: | 1. Council Report, 2. Exhibit A to the Council Report - Location Map, 3. Resolution, 4. Agreement |
7 Introduction of the following ordinances relating to the Hawes Crossing development, and setting February 24, 2020 as the date of the public hearing on these ordinances:
_________________________________________________________________________
INSERT:
This map shows the different areas near Phoenix-Mesa Gateway Airport where housing is allowed and forbidden. The area in pink is where it is banned and the yellow is an area where special permits are required. Hawes crossing, the area shaded by dots, is in Aircraft Overflight Area 3, where housing is allowed despite noise […]
Read More →
BLOGGER NOTE: In a different report 27 Oct 2019 Councilman Kevin Thompson, whose fast-growing District 6 includes Hawes Crossing, said he is planning to vote no to protect the airport.
Jason Barney of Gilbert, another property owner in the area, said, “I see this part of Mesa as a jewel for future development. Right now, this whole area is locked up by the zoning. This project unlocks that.’’
The plan does not detail what kind of housing is being considered. Nor does it mention the name of any developer.
_________________________________________________________________________
Item 7-a
20-0101 ZON17-00606 (District 6)
Within the 3200 through 4000 blocks of South Hawes Road (west side), the 3200 through 3600 blocks of South 80th street (east side), the 3600 through 4000 blocks of the South 80th Street alignment (east and west sides), the 7700 through 8400 blocks East Elliot road (south side), the 8100 through 8400 blocks of East Elliot Road (north side), the 8400 through 8800 blocks of East Warner Road (north side), and the 8100 through 8600 blocks of East Warner Road (south side).
Rezone from AG and LI to RS-6, RSL-4.0, RSL-2.5, RM-5, LC, GC, MX and LI with a PAD Overlay.

This request will establish the “Hawes Crossing” PAD to guide the future review of specific plans of development.
APPLICANT:
Jordan Rose, Rose Law Group
OWNERS:
Circle G Investments 402 LLC,
Van Rijn Jody/Pieter,
AG Land Investors LP/ETAL,
Feenstra Charles L/Barbara M. TR, John & Brenda Van Otterloo Family Trust/ETAL,
Maynard Billy W/Nora D, Maynard Dianne,
Mesa-Casa Grande Land Co LLC,
Rijlaarsdam Jacob/Mary TR, Stechnij H/Glenda TR/ETAL,
Tuffly Frederick M.,
P&Z Board Recommendation: Adoption (Vote: 3-2)
Planning and Zoning Board member Jeffrey Crockett, joined with Tim Boyle in voting no. Chairwoman Michelle Dahlke and members Jessica Sarkissian and Deanna Villanueva-Saucedo voted yes.
*7-a
Page 6 City of Mesa Printed on 1/30/2020
February 10, 2020City Council Meeting Agenda - Tentative
*Item 7-b 20-0103
ZON17-00607 (District 6)
Within the 8000 through 8400 blocks of East Warner Road (north side), the 4000 through 4400 blocks of the South Hawes Road alignment (west side), the 8400 through 8800 blocks of East Elliot Road (south side), the 3600 through 4000 blocks of the South Hawes Road alignment (east side), the 8800 through 9200 blocks of East Elliot Road (south side), the 8800 through 9200 blocks of East Warner Road (north side), and the 3600 through 4400 blocks of South Ellsworth Road (west side) ZON17-00607 (District 6)
(595± acres).
Rezone from AG to RSL-4.0, RSL-2.5, RM-5, OC, LC, GC, LI, and MX with a PAD Overlay. This request will establish the ‘Hawes Crossing’ PAD to guide the future review of specific plans of development.
Jordan Rose, Rose Law Group, applicant;
Arizona State Land Department, owner.
Staff Recommendation: Approval with conditions
*7-b
*Item 7-c 20-0118
ANX18-00788 (District 6)
Annexing property located south of Elliot Road and west of Ellsworth Road ANX18-00788 (District 6)
(319.9± acres).
Initiated by the applicant, Jordan Rose, Rose Law Group
Owners:
- Stechnij H/Glenda TR/Etal,
- Feenstra Charles L/Barbara M TR,
- Robo Land, LLC./Etal,
- Charles Feenstra Dairy, LLC.,
- Mesa-Casa Grande Land Co, LLC.,
- Van Rijn Dairy, and Dairy Van Rijn.
*7-c
_________________________________________________________________________
* Item 7-d 20-0119
ANX19-00420 (District 6)
Annexing property located south of Elliot Road and west of Ellsworth Road ANX19-00420 (District 6)
(659.4± acres).
Initiated by the applicant, Jordan Rose, Rose Law Group, for the owners, State of Arizona.
*7-d
__________________________________________________________________________
8 Introduction of the following ordinances and setting February 24, 2020 as the date of the public hearing on these ordinances:
20-0142 ZON19-00834 (District 4) 1102 East University Drive (0.46± acres). Located west of Stapley Drive on the north side of University Drive. Rezone from RM-4 to NC. This request will allow for the expansion of existing personal services (hair salons) within an existing building. Nicole Posten-Thompson, On-Pointe Architecture, applicant; 1102 E University LLC, owner.
Staff Recommendation: Approval with conditions
P&Z Board Recommendation: Approval with conditions
*8-a
Page 7 City of Mesa Printed on 1/30/2020
February 10, 2020City Council Meeting Agenda - Tentative
9 Take action on the following resolution declaring terms/rates/fees/charges to be a public record and available to the public, and introducing the following ordinance to modify City-owned non-residential water utility services terms/rates/fees/charges and setting February 24, 2020 as the date of the public hearing on this ordinance:
20-0178 A resolution declaring proposed terms/rates/fees/charges for water utility services to be a public record. (Citywide) *9-a
20-0035 An ordinance modifying terms/rates/fees/charges for non-residential water utility services. (Citywide) *9-b
10 Discuss, receive public comment, and take action on the following ordinance:
20-0073 Amending Title 11, the Zoning Ordinance, of the Mesa City Code, by adding Chapter 15: Leisure and Recreation Zone District to Article 2: Base Zone; and by adding the Leisure and Recreation Base Zone to Chapter 3: Designation of Zoning Districts, Zoning Map, and Boundaries to Article 1: Introductory Provisions. (Citywide)
This amendment allows for entitled property to be zoned specifically for either public or private recreational uses as a stand-alone unique zoning district, geared towards parks and open space recreational uses.
Staff Recommendation: Approval
P&Z Board Recommendation: Approval________________________________________________________________________________
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