Glendale · 2026-09-22 · case details pending
GLENDALE, ARIZONA — September 22, 2026

Glendale · 2026-09-22 · case details pending

Glendale City Council approved four rezoning ordinances including a 314-400 unit residential development (Capistrano PAD) and a controversial commercial amendment (5-2 split vote), while hosting heavily contested public hearing on Project Eagle 160-acre data center/power plant annexation amid resident opposition over inadequate setbacks and military compatibility concerns.


Glendale Approves Four Land-Use Amendments; Project Eagle Annexation Hearing Exposes Deep Resident Concerns Over Setbacks and Military Compatibility

Glendale City Council approved four rezoning ordinances on September 22, 2026—three unanimously and one by a contested 5-2 split—while hosting a heavily publicized public hearing on the controversial 160-acre Project Eagle data center and power generation facility annexation. The evening highlighted a fundamental tension between economic development and resident protection standards, with Waddell residents challenging the project's proposed setbacks and safety buffers as insufficient for a utility-scale industrial campus located just 2,000 feet from established neighborhoods.

Key Speeches

"I live right across the street from this property. I've been managing HOAs and condos for 26 years, so I deal with noise complaints every day from odors, barking animals, to noise in vehicles. I know from experience how difficult these problems are to fix once the use is already in place. These are uses that are not allowed today that will become permitted by right… I respectfully ask council to either remove these uses or change them to require a conditional use permit, so residents can be heard before any of them opens." — Doris Siefker, resident opposing Opus plus Talavi PAD

"This project includes a 700 megawatt power generation facility and millions of square feet of data center located only a short distance from established neighborhoods. That's approximately 2,000 feet. That's pretty damn close. Yet the proposed P.A.D. relies primarily on 75 foot setbacks, six foot high walls and limited landscaping as a transition for this massive industrial campus. In researching similar facilities throughout the valley, I looked at an SRP power plant near Warner Road and Val Vista Drive… they have 200-foot setbacks from Warner Road, 15 to 20-foot high berms around the entire site, an eight-foot block wall on top of that berm, and multiple rows of trees screening out the entire facility. If those protections were considered appropriate in Gilbert, why are Glendale residents being offered less protection for a project of this magnitude?" — Troy Mortensen, Waddell resident opposing Project Eagle

"Luke Air Force Base has raised concerns about this location and have continually stated that this project is a utility and not compatible… This developer has already gone back on their one air permit for the whole project promise when we were in front of the Maricopa County Air Quality Board. So we have little confidence that they will keep the words, the promises that they are making to you this evening and beyond." — Beth Mortenson, Waddell resident opposing Project Eagle

"This project has been before so many different boards and each time it's moved forward, it's passed. It has the Luke Air Force Base approval… This is already industrial. I'm sure you've each gone over there. It's an industrial area. That's not going to change… You have regulatory agencies that monitor things like the air quality, the sound, the light, etc… This is a good project and I encourage you to listen to the folks who oppose it, but also understand that this site is already zoned industrial and it's going to have something. And we do need data centers." — Lisa Everett, Surprise resident supporting Project Eagle

"Some of that is already included in the proposed plans. We have block wall along the north and east perimeters purposefully in those locations. We have landscaping where it's appropriate. That wall is a minimum of eight feet high… what was deemed appropriate setbacks, appropriate walls, appropriate landscaping, other screening mechanisms and so on, is all part of what's included in the county approval." — Ed Bull, representing Project Eagle developers

"Luke's letter that they issue as a part of the military compatibility process listed conditions of approval. In Glendale nomenclature, it would be akin to stipulations of approval in a zoning case… Within, I believe it was within 24 hours, written confirmation came back from my clients to Luke and the county, agreed to abide by all of those conditions. They cannot be satisfied pre-construction because many of them are construction or operational related, but each and every one of those conditions have been agreed to and will be satisfied." — Ed Bull, on Luke Air Force Base conditions

Timeline

Ordinance O-26-32 (51 Bells PAD):

Ordinance O-26-33 (Larkspur Energy Storage):

Ordinance O-26-34 (Opus plus Talavi PAD) — Contested Vote:

Ordinance O-26-35 (Capistrano PAD):

Project Eagle Annexation Public Hearing (AN-273):

Opposition

Number of speakers against: 4 speakers (Parsons, Troy Mortensen, Beth Mortenson, plus implicit Siefker opposition on Opus plus Talavi).

Main concerns (Project Eagle):

  1. Inadequate setbacks vs. industry standard: Proposed 75-foot setbacks insufficient compared to 200-foot setbacks at comparable SRP facility near Warner Road/Val Vista, Gilbert; 6-foot walls undersized relative to Gilbert's 8-foot block walls on top of 15–20-foot berms.

  2. Lack of earthen berms and dense landscaping: Proposed PAD does not require substantial berms; limited landscaping buffers; Gilbert SRP facility has multiple rows of trees; Project Eagle exempts portions of power generation facility from landscaping requirements.

  3. Military compatibility concerns unresolved: Luke Air Force Base issued conditional approval listing multiple conditions of approval; conditions not fully satisfied pre-construction (many are construction/operational); resident skepticism that promises will be kept (Beth Mortenson cited prior broken air permit promises).

  4. Proximity to residential neighborhoods: 2,000 feet from established Waddell neighborhoods; heavily used military flight corridor; pilot visibility, air quality, noise, electromagnetic interference, and potential risks from power generation facility.

  5. Air quality permit uncertainty: Second air permit for data center filed separately and currently under review by Maricopa County; final permit expected Q1–Q2 2027; combined facility air quality oversight unclear.

  6. Noise, light pollution, electromagnetic interference risks: General concerns raised by Beth Mortenson; no specific proposed mitigation levels stated.

  7. Developer credibility gap: Beth Mortenson stated developer "already gone back on their one air permit for the whole project promise when we were in front of the Maricopa County Air Quality Board."

Organized groups: Waddell residents coordinated public testimony (Troy and Beth Mortenson); no formal opposition coalition named.

Most compelling arguments:

Support

Number of speakers in favor: 1 speaker (Lisa Everett, Surprise resident).

Main arguments:

  1. Project has passed multiple regulatory boards: Project has been reviewed and approved by multiple agencies; Luke Air Force Base approval obtained; Board of Supervisors would have denied if it failed compatibility review.

  2. Annexation provides Glendale control: If not annexed, county retains jurisdiction; annexation gives city regulatory control over project; regulatory agencies monitor air quality, sound, light.

  3. Site already industrial: Property already zoned for industrial use; industrial area will not change; something will develop there regardless.

  4. National trend toward data center/power co-location: Data centers need substantial power; combined facilities encouraged nationally; addresses energy infrastructure need.

  5. Precedent for adjacent residential near power generation: Agua Freya power generation near new residential development at Northern Avenue; not as problematic as residents suggest.

  6. Developer responsiveness: Developer provides timely responses to inquiries (email responses within 24 hours cited).

  7. Tax benefits and jobs: Project generates tax dollars and economic benefits for Glendale; progress and community development.

Project Details

Project Eagle Annexation (AN-273)

Ordinance O-26-34 (Opus plus Talavi PAD)

Ordinance O-26-35 (Capistrano PAD)

Ordinance O-26-33 (Larkspur Energy Storage)

Ordinance O-26-32 (51 Bells PAD)

Vote Breakdown

Ordinance O-26-32 (51 Bells PAD)

Ordinance O-26-33 (Larkspur Energy Storage)

Ordinance O-26-34 (Opus plus Talavi PAD)

Ordinance O-26-35 (Capistrano PAD)

Project Eagle Annexation (AN-273)

Outcome & Next Steps

Opus plus Talavi (O-26-34): Approved 5-2 despite resident opposition from Doris Siefker; ordinance becomes effective; project advances to development and design review phases. Councilmembers Conches and Turner's no votes signal council division; Ray Malnar and Jerry Weiers stated berm maintenance and property management should be improved but did not require changes as conditions of approval.

Capistrano PAD (O-26-35): Approved unanimously; developer may now proceed with either 314-unit multifamily or 400-unit senior living option; project advances to detailed site planning and design review.

Larkspur Energy Storage (O-26-33): Approved unanimously as amended with third stipulation requiring financial contribution agreement for emergency services/HAZMAT response; battery storage project advances pending execution of emergency services agreement prior to permitting.

51 Bells PAD (O-26-32): Approved unanimously; existing commercial uses retained, additional selective commercial uses permitted; project advances to development review.

Project Eagle Annexation (AN-273): Public hearing closed; no vote taken. Staff indicated blank petition will be presented for council signature/approval, anticipated October 27, 2026. Subsequent rezoning ordinance (from M2 to PAD for data center/power plant campus) scheduled for October 27 voting meeting. Conditions of approval from Luke Air Force Base (conditional military compatibility permit) require developer agreement; developer (Ed Bull) stated written confirmation of acceptance provided to Luke and county within 24 hours of letter. Air quality permits: power plant permit issued June 2026; data center permit under review, expected Q1–Q2 2027. No vote on annexation itself at this hearing; public hearing format allows feedback only.

Timeline to resolution:

Controversies & Context

Opus plus Talavi split vote controversy: The 5-2 approval signals meaningful council division over commercial uses adjacent to single-family residential and elementary school. Doris Siefker's opposition centered on specific incompatible uses (animal kennels, funeral homes, crematorium, towing business, social clubs) that would become permitted by right, eliminating future conditional use permit requirements and resident participation. Setback insufficiency (100–150 feet vs. larger buffers preferred) and berm/landscaping shortfalls were raised. Councilmember Turner voted no despite moving the ordinance—an unusual procedural choice suggesting internal ambivalence. Ray Malnar yes vote and post-vote explanation indicated skepticism of worst-case-scenario predictions but acknowledgment of berm maintenance concerns. No conditions of approval were imposed to increase setbacks or require enhanced landscaping.

Project Eagle military compatibility entanglement: Luke Air Force Base conditional approval is not final approval; conditions of approval remain unresolved until satisfied post-construction. Dr. Melissa Parsons (retired Air Force, Surprise resident) raised critical legal questions: (1) What is legally entitled under existing MCP 25007 county approval? (2) Do prior county/military reviews apply to the complete Project Eagle/Project Bacara configuration as currently proposed? (3) Which material Luke conditions remain unsatisfied? Developer Ed Bull stated acceptance of all Luke conditions within 24 hours but acknowledged many are construction/operational and cannot be satisfied pre-construction. Beth Mortenson's concern—"What happens when the promises made during this process aren't kept?"—directly challenged developer credibility based on prior broken air permit promises before Maricopa County Air Quality Board.

Air quality permit bifurcation and uncertainty: The power plant (Project Bacara) received its air quality permit in June 2026. The data center (Project Eagle) air quality permit was filed separately and remains under review as of the September 22 hearing. Air quality consultant James Westbrook stated the review includes combined facility analysis but final issuance not expected until Q1–Q2 2027. Councilmember Turner pressed Westbrook on timing and whether the permit covers the complete integrated facility; Westbrook deferred specific answers, stating he would provide clarification later. This gap in permit certainty (roughly 6 months post-hearing) raises questions about whether annexation should precede permit issuance.

Inadequate setback and screening standards (Project Eagle vs. Gilbert precedent): Troy Mortensen's comparison of Project Eagle's 75-foot setbacks and 6-foot walls to the SRP facility near Warner Road and Val Vista in Gilbert (200-foot setbacks, 15–20-foot berms, 8-foot block walls on berms, multiple tree rows) is the strongest comparative critique. The question—"If those protections were considered appropriate in Gilbert, why are Glendale residents being offered less protection?"—frames the issue as disparate protection standards within the Phoenix metro. Staff/developer response (Ed Bull) acknowledged 8-foot block walls and landscaping on north/east perimeters but did not commit to berms, increased setbacks, or multi-row dense landscaping. No stipulations requiring enhanced setbacks/screening were attached to the blank petition approval.

Developer credibility and prior commitments: Beth Mortenson's statement that the developer "already gone back on their one air permit for the whole project promise" before the Maricopa County Air Quality Board creates a trust deficit. If the combined facility was originally promised under one air permit and was later split into two permits (Project Bacara power plant and Project Eagle data center separately), residents perceive a material change. This perception, coupled with unresolved Luke conditions and pending air permits, fuels skepticism of developer assurances on setbacks, berms, and operational safeguards.

County vs. city jurisdiction and risk transfer: Dr. Parsons framed annexation as a potential shift of approval authority and development risk from Maricopa County to City of Glendale. If the project is "already entitled" under county zoning/military compatibility, what additional authority does Glendale gain? Conversely, if it is not fully entitled, what obligations does Glendale assume? This legal clarity question was not answered in the public hearing record and remains "pending" per Parsons' communication with city attorney.

Proximity to Luke Air Force Base and military flight corridor: The 160-acre site lies within the 75/80 noise contours of Luke Air Force Base and in a heavily used military flight corridor. Luke's conditional approval letter specified concerns about pilot visibility, air quality, noise, electromagnetic interference, and operational risks. Beth Mortenson and Troy Mortensen both raised military compatibility concerns. Developer and staff acknowledged Luke conditions but did not quantify noise levels, EMI exposure, or comparative risk analysis relative to other data center/power plant co-locations.

Economic development incentive pressure vs. resident protection: Lisa Everett's pro-project testimony and Jerry Weiers' closing comments (emphasizing special events success and city benefits) suggest council enthusiasm for economic development and tax revenue. However, resident testimony framed the decision as one that will affect Waddell residents "for decades" and that "growth and neighborhood protection are not mutually exclusive." The 5-2 split on Opus plus Talavi and Conches/Turner no votes signal at least two council members share resident skepticism about substandard protections.

Unresolved state preemption and MCP 25007 legal basis: Dr. Parsons referenced MCP 25007 (Maricopa County file number) and asked whether Arizona state law preempts or restricts Glendale's ability to impose conditions beyond county stipulations. City Attorney Gruber did not address this question during the hearing, and it remains unresolved in the public record.

Duration

Other Notable Items

Resolution R-26-99 (Salt River Project License) — Conflict of Interest Query: Dianna T. Guzman raised a question about potential conflict of interest for Lupe Conchas Jr. regarding a property use license from Salt River Project at 59th Avenue and Northern Avenue. City Attorney Gruber opined that political conflict determination is incumbent on the council member, not subject to attorney legal opinion. Conches confirmed no personal benefit greater than other citizens and voted aye; Resolution R-26-99 approved unanimously. Procedural note: Conches initially offered to rescind his motion out of respect for Guzman's concern, but Dianna T. Guzman and the Mayor declined, keeping Conches' motion in place.

Judge Nicholas de Piazza Reappointment Swearing-In: Presiding City Judge de Piazza was reappointed and sworn in at the meeting's opening. He thanked the city manager, judges Brown and Heller, and support staff, and acknowledged his wife's presence and support. Lupe Conchas Jr. and other council members praised his service and commitment to improving court operations and customer experience.

View source transcript ▼

Source: City Council Meeting September 22, 2026 — September 22, 2026. Auto-generated YouTube transcript; may contain transcription errors.

This meeting will be the only two members of the board. We will be the only one to two members of the board. The board is a meeting with the board. The board is a meeting with the board. The Good evening and welcome to our Glendale City Council meeting. If you would like to speak on any of the items that are on the agenda, please fill out a gold card and hand it to the police officer in the back of the room.

The mayor will call your name and when it's your turn to speak you can make your way to the podium. All speakers have three minutes. If you would like to talk about an item that's not on the agenda, please call your name and call your name. Please complete a blue speaker card and give that one to the officer in the back of the room. Items that are not on the agenda are heard at the end of the voting meeting. Glendale has seven city council members.

Mayor Jerry Wires, Vice Mayor Ray Malnar of the Saguaro District, Councilmember Leandro Baldinegro of the Ocotillo District, Councilmember Lupe Conchas of the Cactus District, Councilmember Diana Guzman of the Yucca District, Councilmember Lauren Tomachoff of the Cholla District, and Councilmember Bart Turner of the Barrel History. This meeting is streaming live on Glendale's Facebook and YouTube pages, as well as the city's cable television station, Glendale Channel 11.

Thank you for joining us. And good evening. Welcome to Glendale City Council meeting of September 22, 2026. This meeting is called to order. I'm not going to call roll call because everybody's here. If you see Councilmember Tomachoff not sitting to my left, that's because she's actually conducting herself on the meeting right now. Councilmember Tomachoff, can you hear me okay? I can hear you fine, Mayor. Thank you. Perfect.

Okay, next item on the agenda is going to be the prayer first and then our Pledge of Allegiance. I would ask everybody to stand. Remain standing after the prayer and then we'll do our pledge. A good friend of mine, Pastor David Toome with Bellevue Heights Church will lead us in invocation. Sir, it's all yours. Join me in prayer, please. We come before you with grateful hearts, loving and gracious Father, for the city of Grandale and for all who call this place home.

We give thanks for the richness and diversity of its people, for the families and neighbors who make this city their home, and for the many hands and hearts that contribute to its strength and its character. We give thanks for Glendale's businesses and entrepreneurs, for the workers who serve them, and for all who create jobs, opportunities, and places where people can gather and flourish.

We are grateful for our schools, our teachers, administrators, staff, students, and families, and for all who invest in the education future of the next generation. Father, we give thanks as well for the many communities of faith throughout Glendale and for the compassion, service, encouragement, and hope they offer to our neighbors in times of both joy and need. Bless, we pray, all who work for, serve, care for, and protect this city.

Watch over our first responders, law enforcement officers, firefighters, emergency personnel, public workers, employees, educators, healthcare workers, volunteers, and all whose daily work helps Glendale remain safe, Strong and welcoming. Grant them strength for their responsibilities, protection in their service, and wisdom and compassion in every decision they make. And today, we especially lift up the Glendale City Council.

Grant each council member wisdom, patience, humility and courage and a spirit of cooperation as they carry the responsibilities entrusted to them. Help them listen carefully, deliberately, deliberate thoughtfully, and lead with integrity and a genuine concern for the people they serve.

As Glendale looks toward the future, guide its leaders in building a city where families can thrive, businesses can grow, children can learn, neighbors can care for one another, and every person can find dignity, opportunity, and a sense of belonging.

May the decisions made in this chamber be guided by wisdom strengthened by mutual respect and grounded in a sincere desire to serve the common good Bless the city of Glendale Father and all who dedicate themselves to its service May Glendale continue to grow not only in prosperity but also in compassion unity understanding and hope With gratitude for all that has been, faith for all that is, and hope for all that lies ahead, we offer this prayer in the name of our Creator. Amen. Amen.

Please join me in our Pledge of Allegiance to our nation. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. I don't know where that was coming. That was long. Oh. Okay, next item is on our agenda is a consideration of the minutes for the September 8, 2026 voting meeting. Council members, any corrections or additions to the minutes?

Seeing none, can I get a motion to approve? Mayor, I move we approve the minutes of September 8, 2026. Second. I have a motion from Councilmember Turner, second from Councilmember Guzman to approve the minutes. All in favor, please signify by saying aye. Aye. Any opposed, say nay. I do have it. So ordered. Swearing in for reappointment, presiding city judge Nicholas de Piazza. Sir, if you will meet me up at the podium, we'll come down and we'll get this done.

Okay, if you would, sir, hold up your right hand. State aye your name.

I, Nicholas Dupiazak, repeat after me, do solemnly swear that I will support the Constitution of the United States, and the Constitution and laws of the State of Arizona, that I will bear truth, faith, and allegiance to the same, and defend them against all enemies, foreign and domestic, and that I will faithfully and impartially discharge the duties, I will faithfully and impartially discharge the duties of the presiding judge. Of the Glendale City Court, Maricopa County. Presiding judge.

Presiding judge. There you go. Let's do this all over so we don't mess up. And then I will faithfully and impartially discharge the duties of presiding judge. And then I will faithfully and impartially discharge the duties of presiding judge. And impartially. I am impartial discharge in terms of the presiding judge of the Glendale City Court in Maricopa County, State of Arizona, according to the best of my ability, so held me down. Congratulations. That was my fault, not his fault.

So, anyway, we need to sign this real quick, and then I understand you have a few words yourself. The problem is that both of us know it by heart and then you start getting ahead of yourself and start saying it. I'll give this to the clerk. You have the podium, sir. All right. So I promise this will take less than two minutes. First, I'd like to say thank you to the mayor and council for your confidence, your trust, and your continued support.

I can't tell you how much that means to me and how much I appreciate it. Thank you. Secondly, I'd like to say thank you to some people in the audience. I wouldn't be here today and we would not be doing as well as we do if it were not for the leadership and for the judges and staff of the Glendale City Court. I was pleased to see our judges are all here today. Thank you so much for being here. And the leadership is here. We have Brown, Heller, and Brown.

They are the folks that really make it happen every single day and make it happen so well. And also members of our support staff that are there to make sure that people are heard and justice is done. Thank you so much for being here and thanks for your support every single day. And the other thing I'll say, she came far to be here with us today and I'll take this brief opportunity to embarrass her.

There a woman here who was with me when I took my first oath and that was on the same day of the year It was September 22nd a few years ago and I took the oath of office for the United States Navy And here we are just a few years later, and she's watching me take the oath again. And I am so fortunate that she was there then, and I am so fortunate that she is still here with me today. My wife left more years than I will share with you.

Frank, thank you so much for being here and for being my support. I kept it under two minutes. Thank you all very much for being here today. Judge. Okay, my day just got better. We're going to move on to consent agenda items 3 through 15. Items on the consent agenda, they're a routine in nature that have been previously studied by this council at a workshop session. Now the items are intended to be acted upon in one motion by this council. Do we have any speaker cards on any of these items?

No sir. Thank you. May I get a motion to approve consent agenda items 3 through 15? Mayor, I move to approve items 3 through 15. Second. Okay, I have a motion to Council Member Balnegro, a second to Council Member Guzman to approve consent in agenda items 3 through 15. All in favor, please signify by saying aye. Aye. Aye. Aye. Any opposed, say nay. If you guys have it, do have it, that motion carries. Moving on to item 16 through 22. Ms. Barr, would you read number by title?

Item 16, resolution number R, 26-98, a resolution of the council of the city of Glendale, Maricopa County, Arizona, authorizing and directing the entering into of an intergovernmental agreement with the town of Santan Valley for the use of the AZTACC Central application for access and the ability to interact with statewide tax data provided by the Arizona Department of Revenue.

Item 17, resolution number R, 26-99, a resolution of the council of the city of Glendale, Maricopa County, Arizona, authorizing the city manager to execute and accept a property use license from Salt River Project Agricultural Improvement and Power District at the intersection of 59th Avenue and Northern Avenue.

Item 18, resolution number R, 26-100, a resolution of the council of the city of Glendale, Maricopa County, Arizona, Authorizing and directing the entering into a services agreement between Native American Connections, Inc. and City of Glendale concerning the West Valley Shelter Collaborative.

Item 19, Resolution Number R-26-101, a resolution to Council of the City of Glendale, Maricopa County, Arizona, authorizing and directing payment of the annual amortized equipment and dispatch costs for fiscal year 2026-2027, Pursuant to Intergovernmental Agreement No. 106007 with the City of Phoenix pertaining to participation in the Phoenix Fire Department Regional Service System in order to more effectively provide emergency fire, medical, and other services. Item 20, Resolution No.

R, 26-102. A resolution of the Council of the City of Glendale, Maricopa County, Arizona, authorizing, entering into of Amendment No. 1 to the Intergovernmental Agreement with Deer Valley Unified School District for School Resource Officer Services during the 2026-2027 school year.

Item 21, resolution number R-26-103, a resolution of council of the city of Glendale, Maricopa County, Arizona, authorizing the entry into of amendment number one to the intergovernmental agreement with the Peoria Unified School District for school resource officer services during the 2026-2027 school year.

And item 22, resolution number R, 26-104, a resolution to council of the city of Glendale, Maricopa County, Arizona, authorizing and directing the entering into of an intergovernmental agreement with the city of Goodyear for the installation, operation, and maintenance of a signal at Camelback Road and Cotton Lane intersection in the city of Goodyear. That concludes the consent resolutions. Thank you. I have no speaker cards on any of those items. May I have a motion, please? Yes, Mayor.

I move to approve consent resolutions number 16 through 22. Excuse me, Mayor. I believe Resolution, Consent Relution Item 17 deals with Salt River Project. Council Member Quenches would not need to recuse himself on that. After further review of the item, no, Council Member McGuizman. Could you explain why?

Yes, so this is something that the resolution is executing and accepting something that has come to the city of Glendale in terms of the 59th Avenue and Northern property use license agreement And so that is this resolution is to allow our city manager to accept and execute what has already been been provided through through the Salt River Project Improvement and Power District ma Okay can we get a legal opinion on that Mr. Gruber?

Mayor and Council and Councilmember Guzman, this came to my attention too late for me to weigh into the specifics and facts and Conflict of interest is, incumbents is not just a legal conflict of interest, but a political one as well. So typically it's incumbent on the council member to make the determination about whether there's a political conflict of interest. And I don't, I didn't have an opportunity to form a legal opinion about the conflict in this case.

I, uh, we've never had this situation. I would, Councilmember Guzman, I would think it is incumbent upon the particular council member to make that decision himself. If he chooses that he doesn't believe it's a conflict, then we're going to take a regular vote. And at that point, if it comes up later as an issue, then we'll deal with it later. But right now, we're going to leave it up to the council member. Okay. All right. Mayor. Go ahead.

As a form of decorum and respect for the councilwoman and for the city council, I would like to rescind my motion and ask the councilwoman to present the motion to the council. Thank you. I actually don't feel that's necessary. I don't think it makes any difference. Okay. Thank you. You have an issue with that? No. Okay. Okay. You look like you got something on your mind. I do, Mayor. May I ask a question of Councilmember Conches, if he does not mind? At this point? That's up to him. Yes, sir.

Thank you, Councilmember. Do you in any way personally benefit whether this motion passes any more than any other citizen of the City of Glendale? No, sir. Thank you. Okay, we have a motion. I have a got a second. Second. You're seconding the motion, okay. Okay, we have motion and a second. Consent resolution to item 16 through 22. All in favor sign up by saying aye. Aye. Any opposed, say nay. Aye. Motion carries. Land development actions. Ms.

Barter, would you read item number 23 by title, Ordinance 026-32.

Ordinance number O, 26-32, an ordinance of the Council of the City of Glendale, Maricopa County, Arizona, rezoning 37 acres located at the southwest corner of Bell Road and 51st Avenue from M1 Light Industrial and BP Business Park to PAD Planned Area Development for a development plan entitled 51 Bells Planned Area Development, amending the zoning map, providing for an effective date, and ordering that a certified copy of the ordinance be recorded. Public hearing required.

Thank you, Mayor, members of the council. Tonight we have Alex Larimer, senior planner with Development Services. Alex, hold on one second. Public hearing is now open on item number 23. Go ahead, sir. Thank you, Mr. Manager, Mayor of Council, before you use land use action, item request is to rezone the subject property from Light Industrial and Business Park to Planned Area Development. The PED will allow development to retain existing- Hold on one sec.

I need folks that are not on your microphone, turn them off please. Thank you, go ahead. Thank you. The PED will allow the development to retain existing entitlements and add additional selective commercial uses. The subject property is located, the 37 acre site is located at the southwest corner of 51st Avenue and Bell Road and is bisected by Phelps Road. The development is in the Saguaro District.

Surrounding zonings include planned area development to the north, single family residential to the south, planned area development and business park to the west, and planned shopping center and residential on the city of Phoenix side. The subject property has historically been used for commercial, office, warehousing, and business park uses. To the north, the property is being used for retail, restaurant, hospital, and office uses. To the south, residential uses.

To the west, self-storage in the AAA campus parking lot. And to the east, on the City of Phoenix side, place of worship and residential uses. The existing development has multiple points of access along Bell Road, Phelps Road, 51st Avenue, and 53rd Avenue. The zoning action will establish the necessary regulatory framework for on-site land uses and future redevelopment opportunities.

The PEDA will retain the existing land uses, reinstate commercial uses historically allowed on-site, and establish additional The site plan before you depicts the existing development conditions, including access points, parking areas, building location, with 13 existing commercial buildings on the north parcel and four buildings on the south parcel.

The PED provides modified supplementary use regulations to allow flexibility for uses that are already established on site and to mitigate specific land uses from adjacent senior family residential development. The item was shared by the Planning Commission on August 27, 2026. The Commission forwarded a recommendation of approval for ZO125-12 with the stipulation included within your staff report. Mayor Council, this concludes my presentation. I'll be happy to answer any questions.

Questions from the Council? Council member Tomachop, any questions? Yes, no mayor. Thank you. Okay. Anyone else needing to speak on this item? Public hearing is now closed. Can I have a motion for item number 23, please? Mayor, Before we get to that, I want to verify the stipulations that were approved by the Planning Commission. Was that just the two or was that all three of the ones we had a memo on? From Mr. Bancher. I'm sorry. I'm confused.

Mayor, Council, the item before you only has one stipulation. Yeah, okay. Okay, so it had just one. Okay. Very good. With that, I, Mayor, I move that we approve ordinance number 026-32. Second. Okay, I have a motion from the vice mayor, a second from Councilmember Guzman, to approve the recommended, recommended action. I can't say that. I will conduct a roll call vote. Councilmember Baldenegra, how do you vote? Aye. Councilmember Conscious, how do you vote? Councilmember Guzman, how do you vote?

Councilmember Tomachev, how do you vote? Councilmember Turner, how do you vote? Vice Mayor, how do you vote? Chair votes aye, that motion carries. Ms. Barr, would you read item number 24, ordinance 026-33? Your microphone's not on. Ordinance number 026-33, an ordinance of the Council of the City of Glendale, Maricopa County, Arizona, City, Arizona.

Rezoning approximately 37 acres located at the northeast corner of Cotton Lane and Olive Avenue from Planned Area Development, PAD, to Planned Area Development, PAD, for a development plan entitled Larkspur Energy Storage, amending the zoning map, providing for an effective date, and ordering that a certified copy of the ordinance is recorded. Public hearing require. Thank you, Mayor, members of the council, Sydney Tirella, Senior Planner Development Services, will present on this.

One second before you start off. Public hearing is now open on item number 24. Go ahead. Thank you, Mr. Banger. Good evening, Mayor and Council. This is a request to amend the Parkway West 303 PAD with the intention of developing a battery energy storage system. The properties to the north and east are also within the Parkway 303 West PAD. West is within the Cotton 303 Industrial PAD and to the south is within Maricopa County.

The subject property and the property to the north are currently used for agricultural purposes. To the east is an APS substation, to the west across Cotton Lane is an industrial development, and to the south across Olive Avenue is a commercial plant nursery. This conceptual site plan includes one access point on Cotton Lane, which will be gated and accessed on an as-needed basis by employees.

No permanent employees will be on site, with the majority of the land to be occupied by battery containers, shown in green. The applicant proposes an on-site substation, shown in yellow, which is co-located with the existing APS substation directly to the east. This concludes the presentation of the proposal. These stipulations which are included in your packet were recommended by Planning Commission.

There's an additional stipulation that's proposed by the City of Glendale that follows the Planning Commission's recommendation, which is that the applicant slash developer will enter into an agreement with the city of Glendale setting forth applicant slash developers financial contribution for the development of a specialized emergency services response including hazmat services to serve the proposed best project Applicant slash developer must enter into this agreement with the city of Glendale prior to issuance of any right of way utility or building permits by the city of Glendale and or Maricopa County for the proposed best use Please note that should you choose to approve the application It should be with the two stipulations recommended by Planning Commission and this additional stipulation read into record.

With that, that concludes my presentation. I'm available for any questions at this time. Any questions? The applicant has agreed to both stipulations? Mr. Mayor, yes. Okay, very good. Mayor? Good. Has the applicant agreed to the third stipulation? Mayor, council members, yes they have. Thank you. Okay. Anyone else needing to speak on this item? Okay. The public hearing is now closed. May I have a motion for item number 24? Yes, Mayor. Move to approve ordinance number 026-33. Second. Okay.

I have a motion from Council Member Guzman. Second from the vice mayor. Mayor, excuse me. If we do move to approve this, it should be noted that the ordinance 2633 is as amended with the third stipulation. Yeah. So if we can revise the motion. Okay, let's go ahead and redo your motion. You can say I move as stated. I move as stated. Mr. Gruber, are you good with that? Mayor and Council, that's fine. Okay. Now can I get a second? Second. Okay.

So we have a motion from Councilmember Guzman as stated. We have a second to approve the recommended action. Roll call vote. Councilmember Baldniger, how do you vote? Aye. Councilmember Conscious, how do you vote? Aye. Councilmember Guzman, how do you vote? Aye. Councilmember Tomachoff, how do you vote? Aye. Councilmember Turner, how do you vote? Aye. Vice Mayor, how do you vote? Aye. Chair votes that motion carries. Thank you. Moving on to Ordinance 026-34. Ms.

Bauer, would you read that by number and title? Ordinance 026-34, an ordinance of the Council of the City of Glendale, Maricopa County, Arizona, Rezoning six acres located at 16305 North 56th Avenue from Planned Area Development P.A.D. to Planned Area Development P.A.D. for a development plan entitled Opus plus Talavi P.A.D. amendment, amending the zoning map, providing for an effective date and ordering that a certified copy of the ordinance is recorded. Public hearing required.

Thank you, Mayor. Members of the council. We have Sydney Tarrilla, Senior Planner Development Services, to present on this. Okay, public hearing is now open on item number 25. Ma'am. Thank you again, Mr. Banger. Good evening again, Mayor and Council. This is a proposal to amend a portion of the Tlavi Business Park PAD to allow for a mix of light industrial and commercial uses. The property is zoned PAD and the properties to the north and west are also within the Tlavi Business Park PAD.

The property to the east is zoned for single-family residential with a planned residential development overlay. To the south is zoned for suburban residential also with the planned residential development overlay. North and west of the property are professional office uses. To the east is an elementary school and to the south is a single-family residential subdivision. With that, that concludes my presentation. I'm available for any questions at this time. Questions? Do we have any speakers? No.

Yes, sir. You have a card for number 25. Okay. For item 25, Doris Siefker, are you here? Yes, sir. All right, so I can see by what you wrote down. I don't need your address publicly. I just need you to state the district that you live in if you know it, if not just your main crossroads. I live at Raymo Morris District. Okay, again, if you don't know it, then just say your main crossroads. State your name and then you have three minutes, ma'am. Thank you. Good evening, Mayor and Council.

My name is Doris Sieferker. I live right across the street from this property. I also own, I've been managing HOAs and condos for 26 years, so I deal with nooses complaint every day from odors, barking animals, to noise in vehicles. I know from experience how difficult these problems are to fix once the use is already in place. I understand this land is part of a business park, and I'm not asking to stop it from being developed.

I asking you not to prove the uses that don belong across the street from homes and next to elementary school staff has confirmed that no tenant has been identified so the useless is the only thing that tells neighbors what could move in Once that passes those uses cannot open another public hearing. Under this amendment, several uses that are not allowed today will become permitted by right.

This includes a social club, funeral home, an animal kennel, shelter, outdoor animal training, towing business, major auto repair, social club, The club can bring late night activity. Crematorium towing business can bring up additional conditions. So the setbacks for the others are about 100 to 150 feet with existing berm and paradise lane only provided. This is a family neighborhood. Our homes are directly across the street. My parents bought this house in 76. I grew up in this house.

There are two nearby parks, including a playground, children play every day, and they are not uses that belong in this setting. I would ask each of you to consider whether you would want these across the street from your home. I respectfully ask council to either remove these uses or change them to require a conditional use permit, so residents can be heard before any of them opens. I also understand the additional landscaping be required on the berm along Paradise Land.

My understanding is the original plan called for at least 20% of the borough that was agreed upon 40 years ago, and that should be at least be honored. Thank you. Okay, thank you. I have no other speaker card on this item, so public hearing is now closed. Can I get a motion for item number 25, please? Mayor, I move we pass and adopt ordinance 026-34 and wavering reading beyond the title. Second.

I have a motion to councilmember Turner, second councilmember Guzman to approve the recommended action. A roll call vote. Councilmember Baldinegro, how do you vote? Aye. Councilmember Conscious, how do you vote? No. Councilmember Guzman, how do you vote? Aye. Councilmember Tomachoff, how do you vote? Aye. Councilmember Turner, how do you vote? I vote no. Vice Mayor, how do you vote? I'd like to explain my vote. Go ahead. I can understand the concern that was presented here tonight.

I wish I'd have known a little bit more to investigate it further, but from what I understand of the project, I don't believe that many of these things that you're concerned about will come to fruition. I do believe that the berm situation, that the management company needs to take better care of that and make sure that it's done properly, because it's been a concern over the years, and I would request that that be done. But overall, I see this as for the use that's going in there.

I don't see that it will be any of the concerns that you have. And so with that, I vote aye. Vice Mayor Milner votes aye. Chairman votes aye. Motion carries. Ms. Bauer, would you please read item number 26 by title, Ordinance 026-35.

Ordinance number 026-35, an ordinance of the council of the city of Glendale, Maricopa County, amending the Capistrano planned area development for 7.5 acres located west of the northwest corner of 91st Avenue and Zanjara Boulevard, amending the zoning map, providing for an effective date, and ordering that a certified copy of the ordinance is recorded. Public hearing required. Thank you, Mayor.

Members of the council, Alex Larmus, senior planner, development services will present on this matter. Public hearing is now open on item number 26. Go ahead, sir. Thank you, Mr. Badger. Mayor of council, before you. There's a request to amend the existing Decapistrano planned area development to establish flexible regulations for on-site development and modified entitlements. The 7.5 acre site is located west of the northwest corner of 91st Avenue and Zanhurra Boulevard.

The subject property, along with adjacent properties to the south, east, and west, are zoned planned area development. The property to the north is zoned agriculture. Properties currently vacant. Signed improvements were initiated in 2008. The existing three-story building has been unused since its construction.

Poverty to the north are currently being used as a parking area for the Desert Diamond Casino Poverty to the east is vacant land in the Maryland West Gate Apartments Poverty to the south is the Palo Verde Cancer Treatment Center and Poverty to the west is the Zone Apartments Said Axis is shared with the Palo Verde Cancer Treatment Center along the south along Zanhera Boulevard Go ahead The antenna of the PED will include mixed development which will include high multifamily residential development or senior living facility which may include independent living assisted living and memory care Both residential uses may include commercial or professional uses at a limited scale as an accessory use.

The PED narrative includes two conceptual site plans for the residential options with a multifamily development to the left of your screen and the senior care facility to the right. Both residential options will repurpose the existing three-story building. The multifamily residential community will include 314 units with additional phasing will include a construction of a four-story building along the north and west property boundaries.

In the case of the senior living community, this option will accommodate for 400 units across a range of senior residential and care options, with addition of a five-story building along the west property boundary. This item was heard before the Planning Commission on August 27, 2026. The commission forwarded a recommendation of approval for ZON 2603, subject to the stipulations within the staff report. Council, this concludes my presentation. Any questions?

We have anybody that would like to speak on this item? Public hearing is now closed. Can I get a motion for item number 26, please? Mayor, I move to approve ordinance number 026-35. Second. Okay, I have a motion from Council Member Baldenaguer, a second from Mr. Conscious. To approve the recommended action, we'll do a roll call vote. Councilmember Balnegar, how do you vote? Aye. Councilmember Conscious, how do you vote? Aye. Councilmember Guzman, how do you vote? Aye.

Councilmember Tomachev, how do you vote? Aye. Councilmember Turner, how do you vote? Aye. Vice Mayor, how do you vote? Aye. Chair votes aye. The motion carries unanimous. Ms. Bauer, would you read item 27 by title, item number 27, AN-273. AN-273, Project Eagle annexation of approximately 160 acres located west of the northwest corner of Litchfield Road and Olive Avenue. Public hearing required. Thank you, Mayor and members of the council.

We have Sydney Tyrellit, Senior Planner, Development Services, to present on this matter. The hearing is now open on item number 27. Thank you, Mr. Banger. Mayor and Council, this is a presentation for the blank petition for AN273. No action is required by Council. This item provides an opportunity for the public to provide feedback in a public hearing setting on this annexation.

The property includes approximately 160 acres and is located west of the northwest corner of Butchfield Road and Olive Avenue. Within the county, the zoning is IND3, or heavy industrial, with an approved military compatibility permit. The most equivalent city of Glendale zoning is M2, also for heavy industrial uses, and will be applied upon annexation. The applicant proposes to subsequently rezone the property from M2 to planned area development for a data center campus and generation facility.

This map shows the annexations currently in the queue, with the subject property highlighted in red. This site is within the 75 and 80 noise contours of Luke Air Force Base. The majority of the site and structures are within the 80 noise contour, including the gas turbines and substation. The annexation is bordered by the city of Glendale to the west and south and bordered by Maricopa County to the north and east.

The site is proposed to be accessed to the west by Hatcher Road, to the south via Olive Avenue across the BNSF Rail, and in the future phases to the north by the extension of the 143rd Avenue alignment to Peoria Avenue. The site is anticipated to develop in phases with data centers and turbines as phases one and two, with turbines coming online as the data centers are constructed. The third phase is an APS substation in the northeastern corner of the site.

This concludes my presentation for the AN273 blank petition. Please note that the adoption of this annexation application and the accompanying rezoning is anticipated to come back before you at the October 27th hearing. All right. Questions from the council? Seeing none. I do have some speaker cards. For those in the audience that want to I'll speak on this item. You'll have three minutes. We have a timer. I'm going to ask that you stick with that.

I need your name when you come up to the podium. If you do not live in the city of Glendale, I need to know the city you live in. If you live in the city of Glendale, either tell us the district. If you know it, if not, give us the main crossroads, please. We're going to start off with Melissa Parsons. Are you here? Good evening, sir and councilmembers. My name is Dr. Melissa Parsons. I am a surprise resident, and I'm here today as a retired Air Force officer and 24-year veteran.

I live approximately one mile from the proposed location. Tonight you're being asked to consider annexation of approximately 160 acres associated with Project Eagle, but before you consider annexing this property, I respectfully ask you apply three decision tests. What is legally entitled? What prior reviews still apply? And what obligations remain unresolved? First, what is legally entitled on this property?

I recently sent a message to the city attorney to identify the legal basis for statements that this project is already entitled, including what MCP 25007, which is the Maricopa County file number, authorizes and which additional approvals would be required without Glendale annexation. I was referred to the Maricopa County attorney and that clarification remains pending.

That distinction is material because annexation may shift approval authority, municipal obligations and development risk to Glendale. The county records identifies the industrial 3 zoning, but there is also a parcel on this property that is zoned for rural 43, which I saw was not identified here tonight. Those are county classifications, but they are part Part of the existing land use record Glendale is inheriting or will be inheriting should you choose to annex it.

Second, do the prior reviews apply to the project now before the City of Glendale? The project reviewed through the county as Project Bacara included a large natural gas generation facility, data center development originally with two facilities now showing three on the project plan, A substation, which I can't seem to find any records that APS has obligated to build, and additional generation infrastructure.

It has since been separated from when it was initially presented to the residents a year ago into two projects, Project Eagle and Project Bacara. Before annexation, I would hope that the council would know whether the existing county and military compatibility determinations apply to the complete development as it exists today. not simply to an earlier configuration or individual components. And the third question I have is which material conditions remain unresolved?

The record hopefully identifies whether Luke Air Force Base compatibility conditions have been satisfied and specify the remaining requirements for water supply, air permits, electrical infrastructure, utility service, and developmental approval. Luke Air Force Base did not blanketly approve this military compatibility permit. It was conditionally approved. Conditional approval is not final satisfaction, and unresolved conditions remain relevant to this annexation decision.

And that brings me to the most important consideration for you tonight. What authority, obligation and risk does Glendale assume through annexation? If this development is already fully entitled, then what additional authority or development pathway does annexation provide? Ma'am, I'm going to hold you up one second. Okay. Your time actually ran over, but that's not why I'm stopping you. Okay. I don't believe that I gaveled this as a public hearing right now.

I'm going to do that if you want to reach. Oh, okay. Okay. So public hearing is open. If you want to read all that again, you can. I think everybody's already heard you, but that's I'm leaving that up to you. And it's recorded on the record. It's already recorded. Yes. No, I'll just go ahead and continue where I am. I'm going to give you about 30 seconds. Then we're going to have to wrap it up. Okay.

So if this development is already fully entitled, then what additional authority or development pathway does annexation provide for Glendale? If it is not fully entitled, then council would hopefully understand precisely what remains to be approved and what responsibilities Glendale assumes before voting to bring this property into the city.

I raise these questions before tonight and the answers should be documented in the public record before, not after Glendale assumes authority and responsibility for the property. I'm not asking council to decide the zoning case. Obviously there's another meeting for that. We do need to wrap it up now. Okay, I'm asking you to require a clear legal, regulatory and military compatibility foundation before acting on annexation.

Thank you Thank you Thank you Okay I would ask Troy Mortensen to come up Again state the city you live in if it not Glendale If it is Glendale just give us your crossroads You have three minutes sir Go ahead Good evening, Mayor and Councilmembers. My name is Troy Mortensen. I'm a resident of Waddell. I was born and raised in Glendale, went to preschool literally across the street there at the church, I graduated high school in Glendale, completed my Eagle project for the city of Glendale.

I've been invested in Glendale. I live about 2,000 feet from the proposed annexation. I've lived there with my family and raised my kids there for the past 19 years. First, I want to say I oppose this project and do not believe this particular project is being developed in the right area. We can debate studies and facts, but I'm here tonight to respectfully ask that with any approvals you require stronger protections for existing residents.

I want to be clear, I'm not opposed to economic development. My concern is that the proposed protections for the nearby neighborhoods are simply not adequate for the development of the size. This project includes a 700 megawatt power generation facility and millions of square feet of data center located only a short distance from established neighborhoods. That's approximately 2000 feet. That's pretty damn close. Yet the proposed P. A. D.

relies on primarily on 75 foot setbacks, six foot high walls and limited landscaping as a transition for this massive industrial campus. When was the last power plant the city has approved? Does anyone on this council have any experience with development of a project of this scale? I don't know that answer, but I think maybe no because I haven't seen any other power plants. In researching similar facilities throughout the valley, I looked in Gilbert.

I looked at an SRP power plant near Warner Road and Val Vista Drive that was developed prior to any adjacent residential neighborhoods. There, that facility is substantially, the setbacks of that facility are substantially larger. They're 200-foot feet setback from Warner Road. From the property lines, they also have 15 to 20-foot high berms around the entire site. They have an eight-foot block wall on top of that berm. They have multiple rows of trees screening out the entire facility.

If those protections were considered appropriate in Gilbert, why are Glendale residents being offered less protection for a project of this magnitude? The PID does not require berms. It does not require substantial landscape buffers. It even exempts portions of the power generation facility from landscaping requirements. Once this zoning is approved, residents will live with the consequences for decades. Why would the city of Glendale allow this?

Because we're in the West Valley, we can accept substandard design standards? I don't think so. I'm asking the council to require larger setbacks, the 200-foot setbacks, substantial earth berms, dense multi-use landscaping, and stronger screening standards. You need to investigate this further. This isn't just a standard zoning project that's going to just run through here. Growth and neighborhood protection are not mutually exclusive. We can have both. And your time's up, sir. Okay. Thank you.

Is your wife want to speak next? Yeah. Beth Mortenson? Mortenson? Again, for the record, state your name, the city that you live in. You have three minutes. Okay. Good evening, Mayor and Council members. My name is Beth Mortenson, and like my husband said, We live in Waddell, 2,000 feet from this Project Eagle site. I understand that tonight's vote is about annexation and that a more detailed zoning and in the planning planning and zoning discussion will take place on Thursday.

So I'm not here tonight to ask you to solve those issues. I'm here because I want you to understand what this decision means for families who are already living around this property. I oppose this project, but I also understand that it may move forward. If it does, we're asking the council to make sure that protecting the people who live next to it is part of the conversation from the very beginning.

Luke Air Force Base has raised concerns about this location and have continually stated that this project is a utility and not compatible. These include pilot visibility, air quality, noise, electromagnetic interference, and the potential risks associated with the power generation facility. This area is also part of a heavily used military flight corridor. So I want to ask you to think beyond tonight's annexation discussion. What happens when the promises made during this process aren't kept?

This developer has already gone back on their one air permit for the whole project promise when we were in front of the Maricopa County Air Quality Board So we have little confidence that they will keep the words that the promises that they are making to you this evening and beyond So what happens to residents like me when these promises are broken Who can we talk to And what standards are being put in place now so that we have things to fall back on when we see things happening We have already experienced issues with this annexation strip development, including drag racing and light pollution.

With a project of this size, I don't want us to discover years from now that the project, the protections we needed were never actually required. On Thursday, we will be back for planning and zoning, but I'm asking for my concerns to be carried forward. Please consider the meaningful protections, a 200-foot setback, substantial block walls, earthen beams, berms, and dense multi-rail landscaping, stronger lighting, noise controls, and others.

We may not live in the city of Glendale, but we live with the consequences of this decision every day. We are your neighbors. We deserve to matter in this decision and we deserve to know that our safety and quality of life will be protected, not just promised. We know the pride from the city of Glendale and we are asking you to protect your good name and us with higher standards and make them rise to you. Our safety is in your hands. Thank you. Thank you. Okay, Liz Everett, are you here?

Again, same thing, if you do not live in Glendale, the city you're from, your name, and if you live in Glendale, your crossroads, you have three minutes. Go ahead. I'm Lisa Everett, and I live in Surprise, and I'm speaking in favor of this project. I sent you guys an email a while back with factual information regarding data centers, and I hope that you reviewed it and you found it helpful. I know you're not making a decision this evening, but I just wanted to share a few things.

This project has been before so many different boards and each time it's moved forward, it's passed. It has the Luke Air Force Base approval. Otherwise, the Board of Supervisors would have said no. I'm not real clear all of the benefits that you guys are going to have once you annex this, but you're going to get tax dollars and you're going to get control. This is already industrial. I'm sure you've each gone over there. It's an industrial area. That's not going to change.

The people who are concerned about this, I hear them and I understand their concerns. But if not this project, what would they accept? The reality is you guys will have control over this project if you annex this land. And I think that's very important. Um, because, yes, we do need to hear citizen concerns, but we also have regulatory agencies that monitor things like the air quality, the sound, the light, etc.

As for the concerns of the power generation, Agua Freya is right down northern, and they're building new homes right next to it. It's not as scary as people think. Change is hard. It's different. But the reality is the sky is not falling. This is progress. This is community. Industry follows connectivity. This is a good project. And the developers have been amazing. You speak with them and they give you answers.

You send an email, you have an email within 24 hours with the answer to your question. It's amazing. I think it's a great project and I encourage you to listen to the folks who oppose it, but also understand that this site is already zoned industrial and it's going to have something. And we do need data centers. So I appreciate your time and I appreciate your thoughtful consideration. Thank you. That concludes of the speaker list.

The people that brought this forward, do you need to speak or would you like to speak? It's like asking a politician if they want to speak, right? State for the record your name sir who you represent Mayor my name Ed Bull I represent the property owners and the proposed developers of the site I happy to speak to annexation issues or respond to questions from the council.

You know the pre-annexation development agreement, you know we're strip annexed, you know lots of other things that have occurred on this property, and I agree with everything that staff said here tonight in their staff memo. I can supplement that if you want, or I can simply sit down and ask that you allow staff to provide my clients with a blank petition for signature. We'll get it back in and we'll see you again in about a month. Any questions from the council? Go ahead. Thank you, Mayor.

The concerns or the, for lack of a better understanding, recommendations that the Mortensen's brought up. If I may ask this, is that possible to implement those in the future? Is it what they were asking for? Taller walls or burn trees, things like that. Their concerns or what they asked for, is that something that could be done and worked into the project itself? Mayor, Councilmember, some of that is already included in the proposed plans.

As we were going through the county processes and we have county stipulations similar to what your zoning stipulations would be, we have block wall along the north and east perimeters purposefully in those locations. We have landscaping where it's appropriate. That wall is a minimum of eight feet high. The landscaping palette is part of what's being reviewed through your design review processes.

So some of the things that they're requesting, maybe not to the degree they're requesting them, but what was deemed appropriate setbacks, appropriate walls, appropriate landscaping, other screening mechanisms and so on, is all part of what's included in the county approval and as part of what's being reviewed. being brought forward in your design review analysis. You good? I do have one question. It was stated that Luke had some issues. It was my understanding Luke does not have issues.

Would you set the record straight, please? So Luke's letter that they issue as a part of the military compatibility process listed conditions of approval. In Glendale nomenclature, it would be akin to stipulations of approval in a zoning case. The conditions of approval for various kinds of things. Minimum, you know, don't have smoke, don't have ponds that attract birds, various things like that.

Within, I believe it was within 24 hours, written confirmation came back from my clients to Luke and the county, agreed to abide by all of those conditions. They cannot be satisfied pre-construction because many of them are construction or operational related, but each and every one of those conditions have been agreed to and will be satisfied. Okay, thank you. Go ahead. Just one question.

It was kind of insinuated in the conversations earlier that this project could be a problem as development happens around it, and in particular residential. Correct me if I'm wrong, but my understanding is there's a pretty big distance between the property and the next available property that could develop for residential. Could you comment on that? Yes, Mayor, Vice Mayor, you're absolutely correct.

The areas general, there's multiple jurisdictions in the area, general plans for each of them consistent with state statute calls for non-residential uses for actually considerable distance north of Peoria to the north. Some of the homes that exist could not be built today. There is statutory limitations. There are general plan limitations. There are zoning limitations on what can occur around us. As was mentioned by the support speaker, this has been identified as an industrial area.

That's all that can be developed adjacent to this site is industrial, just like we worked on years ago to the west and southwest for Glendale industrial preables, additional development to the north and to the east will also be industrial in nature. Okay, thank you very much. Yeah. Another question? Go ahead. Well, hold on, Mr Turner. Go ahead. Thank you, Mayor.

Mr Boll, we've received a communication from a resident in the area that raises the question about two parcels with different zoning, One being zoned industrial 3, heavy industrial, and the other zoning being R43, which is one residence per acre. I think I understand it and why there's minimal conflict, but could you explain that to us? Yes. I don't know how to put an aerial up from staff's presentation, but if you wanted me to, I could, but as we can.

But the 160 acres, as you know, has a railroad track and power lines along the south and running up the east perimeters of the site. There's a strip of R43 along the eastern edge. It's a railroad line, it's power lines. The development envelope of the site, let's say 155-ish acres of the 160 acres, is zoned industrial 3 MCP, which is industrial 3 with a military compatibility permit. The R43 is not a part of the development envelope, but it's a part of the overall 160 acres. Mayor, Mr.

Poulthin, if I understand you, 155 of the 160 acres is zoned industrial and 5 acres plus or minus, maybe large plus or minus is zoned residential. Mayor, Councilmember, I'm guessing at the 5 acres, but that is my... Right, I won't hold it to that specifically, but and then as I look at the aerial photograph on the assessor's website, it appears that that parcel that is zoned residential is almost a mile long and maybe 20 to 30 feet wide, so not really developable for residential purposes.

It just seems like a remainder parcel of something else. It. I don't know all the history behind it, but it is a narrow sliver and every every statutory limitation and county restriction, general plan guidance, everything that I'm aware of would prohibit residential development actually occurring on that strip. Okay. Thank you. Thank you, Mayor. Mr. Bowles, we have on the email that we received from the other resident, it stated here that a second air permit, is that correct, has been filed?

Just want clarity on that. They state here that the amount of emissions or let's see, even though even now as they have filed for a second air permit, has there been a second air permit been filed? Can I have some help? Come up to your right. You'll need to introduce yourself. But as you know, there's been through a number of hearings and presentations through the line sighting committee, the corporation commission process and through the county. Right.

And it's the county that typically engages in the active monitoring and regulation of air quality. Right. And air quality permits and so on. I can speak the language, but I don't understand the details underlying it, so I'd like the expert to answer your question because I want you to get the right answer. Okay, thank you. He looks like he knows. And I look like I don't. I understand. Announce yourself, sir, and speak into the microphone if you would. Good evening, Mayor Councilor.

I'm James Westbrook and I'm the air quality consultant for Project Bacara and for Project Eagle.

Yes originally there was an air permit application filed for Project PACARA the power plant That air permit was issued Within that issuance from the Maricopa County Air Quality Department there was a presumption that the data center is a combined facility with the power plant Subsequent to that issuance of the air permit for the power plant, the application for the data center, which lagged in development, therefore was submitted later, was submitted to the Air Quality Department.

That application is currently under review, and as I said, currently the review is including both facilities combined. Okay. Alright, thank you. One permit. Thank you. Any other questions? Mayor. Go ahead. When do we anticipate that air quality permit to show its results or to be approved? That should stay handy. Can you repeat the question please? Yes, when do we anticipate the air quality permits that are being under review right now to be either approved or denied or to have a response back?

We're being told that the data center final permit should be issued by either the first quarter of 2027 or beginning of second quarter 2027. That's the current estimate. Air permit for the Jimco has already been issued. That's correct. Yeah, repeat that, so everybody can hear. The air permit for the electric generation facility was issued a few months ago. End of June 2026. And was that under Project Bacara or Project Eagle?

The...it would have been Bacara because the electric generation facility is Bacara. The data center is Eagle. Thank you for that clarification. One more question I have is, can you tell us where else in the country has a project like Project Bacara or Project Eagle been done successfully? Is your question where on the same site someone has done data centers with an adjacent power generation facility?

Yes, or if you could just highlight the successes that your company and your clients have had in other states or municipalities through this process? You want to speak to that? I can speak to... I'm encouraged to do it as we go forward. Yeah, there is a trend, as you probably know, to have generation sources near data centers and large sources of power load. I'm personally working on several projects throughout the country that have this kind of configuration, so it's not unique.

What I'm trying to get in terms of my questions, Mayor, thank you. Mr. Mayor, if I could ask another follow-up question. What I'm trying to get at in terms of this is, is this the first time that this type of big-scale project, power generation plant and data center together has been done across the country in history? Mayor, council member, I don't... I personally cannot cite an example of where this has been done.

When if if you approve the annexation and we're back or you approve issuance of the blank petition and we're back in the zoning case, I will get answers to that if there aren't people in the room tonight with those answers. What I do know is we traditionally did power plants and entirely separately from that we traditionally did data centers.

And I know that part of what's being encouraged now nationally is that data centers bring power to the grid, which and other requests that come along with it, which is exactly what we're doing here. So as was mentioned, I believe it's an evolving trend that's encouraged from national on down. How many are actually built? I can't answer standing here now. I'll get you the answer, but I can't answer tonight. Thank you, man. All right. Anyone else? Thank you. Okay.

With that, our public hearing is closed. Thank you. There is no vote on this So we going to go ahead and move on to council comments and suggestions There is no vote you say Because it says an ordinance and there is an ordinance No there no vote Okay Public hearing. Public hearing. Okay, so if you're here for that, there is no vote. That'll be later. Next is the council comments and suggestions. We'll start off with Mr. Baldinegro. Thank you, Mayor.

I'd like to invite everyone here listening abroad for this Saturday, September 26th, from noon to 7, La Fiesta and Art Crawl of the Glendale. Mariachi Aguilar, Power Drive Band, live art with mini murals, DJs and children's activities. And this is a free event. We suggest that you park at the parking structure at 58th Avenue in Palmaire. Make your way down to 58th Avenue between Glendale and Glen. It's going to be a lot of fun. We did La Fiesta of Glendale last year.

This year we started a bunch of Sunday brunch art crawls and this year we're going to add to both of them together. So we encourage everyone to come down. It is a free event and to kind of, it's to, it's been a cultural month. From September 15th to October 15th, we really want everyone to come down. to kind of come down and see what it's all about. I also would like to put on my hat. So I am happy that ASU was able to be victorious in the Union Jet Classic in London against the Kansas Jayhawks.

My friend Brian Ward is the defensive coordinator for Arizona State University. City and I both graduated from Glendale Apollo High School and we are proud of the class of 1991. And history was made, that was the first college football game at Wembley Stadium. So there are two things about me, those of you who have gotten to know me over the past couple years, two things that will never change. I am a Glendale boy and I'm a Sun Devil.

So I'm happy for all the team, the staff, the trainers, the coaches, the families that went, and all the supporters of the school that went and also were in London to participate, contribute, and to chair on our team. And last I was surprised at Saturday morning at 3 in the morning I got a phone call, and you never get good phone calls at 3 in the morning. I was pretty nervous because my parents are older and I was out of town.

So I answer the phone and my friend Steve McNabb says, I am really, really sorry to call you this early in the morning, but what size t-shirt do you want because I'm here at the game. And I'm blessed to have really good people and friends in my family, in my circle, that think about me when they're across the pond and doing other things. So I feel very, very special and I wanted to say again, La Fiesta this Saturday. We look forward to seeing you all there. And go Devils. Council member Contras.

Yes, Mayor. First, I want to congratulate and say how proud I am of the reappointment of Judge DePiazza. Thank you so much for your service to Glendale. Thank you very much for improving court operations and the customer experience there. We appreciate you continuing to serve the people with distinction. Also, I wanted to comment on some of the consent agenda items that I wanted to highlight.

For example, number 10 is the authorization to increase the expenditure authority to Vincere physician groups, which means we have screenings for our firefighters for early cancer detection. And I think that's extremely important for our firefighters and our first responders to ensure that they do not have cancer.

And if they do have early signs of that, that it's being taken care of immediately because we want to make sure that our firefighters and that our public safety officers are taken care of. Also, I wanted to highlight number 18, which is the service agreement with Native American Connections. Native American Connections brings proven expertise in outreach, case management, rental and utility assistance, and other vital supports that support and stabilize families here in Glendale.

So thank you very much to the council for approving those consent agenda items and those agreements to help improve our community. Thank you, Mayor. Councilmember Guzman? Yes, Mayor, I have a couple things. As you know, we are celebrating National Hispanic Heritage Month. It's observed each year from September 15th through October 15th, and it honors the history, cultures, and lasting contributions of Hispanic Americans in our nation.

From the earliest chapters of our nation's story through military service, farms, factories, public safety, classrooms, laboratories, courts, and neighborhoods, Hispanic Americans have helped build the nation we share. As we mark this month we give thanks for that heritage and for the families who continue to strengthen our communities with faith resilience and hope During our workshop our city manager had mentioned the success that TKO Noche UFC event was I went to that.

It was quite interesting, a little bloody, but it was very much a success, And we did make history, not just for UFC but for the Desert Diamond Arena. The event was the highest grossing domestic fight night date in UF history, and the highest grossing date for the Desert Diamond Arena. I believe the arena attendance was sold out, over 17,000 seats, and the gate total was over $4.4 million.

And that doesn't even include all of the additional sales and food, drinks, merchandise and other incidentals that were sold and bought at Westgate. The revenue from this event will be great for Glendale and I want to thank our economic development team for bringing this event to Glendale and negotiating the deal with TKO. One last thing, I will be having a, it's not a district meeting, it's a neighborhood meeting for Allen Ranch, which is way in the southwest corner of the city of Glendale.

We're going to be having the meeting at the high school close by. It's called Canyon View High School. And if you go to the city calendar, you can get all of the information there. We'll be having fire, police, emergency management. And we will also be having a representative from QTS because they have a data center right by their development also to answer questions. Thank you, Mayor. Thank you. Council Member Tomaschoff, have you anything?

Yes, Mayor, I'd like to remind residents, CHOIA residents or any residents that are interested, ADOT is coming out on Wednesday, October 7th to Foothills Recreation and Aquatic Center to provide an update on the Loop 101 project from I-17 to 75th Avenue. So obviously, CHOI residents, but any residents interested in getting an update from ADOT, and also our transportation staff will be on and to answer questions also. And also, congratulations to Jeff G. Piazza. Thank you, Mayor. Thank you.

Councilmember Turner? Thank you, Mayor. Just one thing to add. Two weeks ago, I did a save the date for an upcoming district meeting, and tonight I'm going to change the date. So for those of you who might have written down the date from two weeks ago, the date for my district meeting is now changed to November 5th at 5 o'clock. And with more details to follow, thank you. Thank you, Mayor. Thank you, Mayor.

It was an honor for me last week to attend the Arizona Christian University that received the National Association of Intercollegiate Athletics Award. They received the character award and basically it demonstrates a commitment to the five core values of integrity, respect and responsibility, sportsmanship and servant leadership. This recognition is well earned and reflects a commitment to living out the values that make ACU exceptional.

ACU's influence enriches Glendale, strengthens family and sets an example for future generations. It is a meaningful moment for the university and a proud moment for the City of Glendale. Also, I held a district meeting last week. It was well attended and I want to thank a lot of the groups that attended and presented first to the transportation or the water department.

They came in and talked about the water situation, conservation, and many other highlights which were really beneficial for the residents to hear about. Code compliance explained the process of reviewing our new care program, which provides assistance for elderly residents and others who can't afford to take care of issues with code compliance. We also had a discussion by our police department about e-bike safety, and also our police chief gave us a lot of information about FLOT cameras.

It was overall a very, very well attended meeting, and I want to thank staff for coming out and providing all the information they did to the residents. Okay, and I'm just going to bring up Sunday, the Vietnamese community held their annual moon festival out here just It's literally right out here and phenomenal, just phenomenal success. The staff was on top of it, did a great job.

It's their fourth annual, although they haven't done it the last couple of years because of all the remodeling that's happened, but they were incredibly happy. A lot of great things said when I was here, but more importantly, the staff did such an incredible job handling that. So I'm looking forward to a lot more people seeing what City of Glendale has to offer for special events.

And I think that you'd be very, very surprised on how efficient, how well, and how nice of a product that can be put out. So I'd encourage you, if you're interested in doing an event, contact our parks, talk with them, and see what's available for you. With that, we have two citizens' comments cards. I'm going to ask Petronica Clark, if you're here, you are here, if you'll come up.

I need you to state your name when you get to the microphone, the district that you live in, and then we'll give you three minutes, okay? Yes. Whenever you get up there. Okay. My name is Petronica Clark. And I live in the Barrel District, 8450. Okay, so...

My community is a planned community, Las Casas Contentes, and it a 90 community per the subdivision However in 2017 the city council allowed a replat of this community A developer came in and bought some vacant lots Apparently the community wasn finished 20 buildings were constructed 20 town homes and 70 lots were left empty He replatted and the city allowed him to engulf the tracks, tracks A, B, C, and D.

These tracks are, in a planned community, a track is a separately designated piece of land shown on the subdivision plot that is usually not one of the individual residential lots. So, especially Track C, it was reserved for pool and clubhouse. This developer that you gave the right to replat the community took over the tracks, which included common areas, and he now uses Track C, the clubhouse, as a commercial business. He runs his leasing and rental business in this.

I see that back when you had the meeting on December 12, 2017, it stated that residents were, here, just a moment. It says a citizen participation plan was not required for this application so it was granted approval was granted without citizens participating there are 20 residents that lived in this community at the time and you did not consult them it says here the applicant contacted 20 homeowners on multiple occasions for feedback.

Approval of this request would allow for vacant infill site and related infrastructure to be developed in an established area in the city of Glendale and council member Bart Turner you stated there was financial exposure for the residents and and the developer. I assure you it's only for the developer. He does not allow us to use the clubhouse or the pool as we should. He is what I would call a tyrant in the community.

Okay, we're three minutes is up, but I don't know if you've already talked with your council member. If you haven't, you might want to get with him at a time as convenient for both of you and let him move forward with some of your concerns. Thank you. Thank you. Okay, James Dybler. You know how it works, James. My name is James. I had to stall over. I apologize for the mistake. Hi, my name is James Dybler. I live in Phoenix, Arizona.

Today I speaking to you regarding the Rich Mark event at the Glendale Civic Center There were a lot of Glendale Wessons who were unhappy with the Civic Center event It will be hosted by the Church of the Moon of Arizona. Additionally, Glendale residents worried that witchcraft may cause misphoism unless or evil. The Glendale Civic Center will attract a background, including drug dealers. There are plans to protest this event by Glendale residents, Barbara Reese's Barnett.

This event will take place on Sunday, October 25, 2026 at 11 a.m. The Glendale Police Department need to monitor the Sifr Center event. Finally, Glendale need to approve a tax incentive for the wild sharing company in Waymo. Winnell would pick up the Glendale Westlands, Arizona corners band and Glendale Community College students. Waymo is a way of the future of right sharing services in Arizona. Thank you for taking the time and considering this matter. Thank you James.

There'd be no further business for the council tonight. I'd like to thank everyone for attending. Have a safe drive going home. We're adjourned.