Tempe City Council Hears Extensive Public Testimony on Criminal Charges Against Homeless Advocate Austin

good evening everyone welcome to the Tempe city council regular council meeting item number one is call to order if you're here to actually oh first of all Council meetings can be watched in real time via Cox Cable channel 11 at tempe.gov temp1 members of the public may also attend the meeting virtually through Microsoft teams if you're here to speak on items designated as public hearing items later on in the agenda please know that you will have an opportunity to speak when I introduce those items at the time of their public hearing the city council will need to complete the other items of business leading up to those items so we appreciate your patience if you wish to speak on a public hearing item and you haven't filled out a speaker card yet please make sure to fill out and submit your completed card to the city clerk prior to the agenda item coming forward for Council discussion I will call your name when it is your turn for public comment I would now like everyone who's able and willing to stand to join me in a moment of silence followed by the Pledge of Allegiance thank you I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all thank you very much tonight's agenda has a number of items at the city Council must consider in order to conduct City business guidelines for conduct at City Council meetings are on the table near the entrance for those in attendance at tonight's meeting we're now going to play a video with the proper protocol for ensuring the appropriate conduct at City Council meetings the city of temp welcomes public comment at this time disruptive behavior will not be allowed continued disruptive behavior will lead to removal from the council chambers we need to be able to hear everyone in the room behavior that disrupts disturbs or other wise impedes the orderly conduct of any city council meeting is not helpful and is not permitted this includes Behavior both inside and outside of the council chambers should individuals inside the council chambers become disruptive so that City business is not able to be conducted the mayor will first ask that the individuals allow City business to be completed there will be time for public comment during the call to the audience portion of the meeting if no cooperation the mayor will issue a verbal warning and let them know that the continued disruptive behavior will lead to removal from the council chambers if there is still no cooperation the mayor will issue a second verbal warning and let them know that the continued disruptive behavior will lead to removal from the council chambers if there is no cooperation after asking and two verbal warnings then the mayor will ask security officers to remove only those individuals who are causing the disruption security Personnel should not engage in any way but only escort them from the council chambers if individuals refuse to leave security Personnel shall warn them that they are trespassing and that the next step will be arrest by a tempy police officer Tempe officers may have to arrest if individuals refuse to leave charges for trespass and disorderly conduct May apply as well as other charges should anyone be asked to be removed the mayor will recess the meeting thank you very much we're now going to play a video conveying the city of temp's native land acknowledgement statement we wish to acknowledge that Tempe is the homeland of the native people who have inhabited this landscape since time immemorial these ancestral lands of the aam known as Pima pipos known as the Maricopa and their ancestors extend far beyond our city this land continues to be spiritually connected to the aam of the Salt River Puma Maricopa Indian Community and hila River Indian Community we accept the responsibility of stewarding those places and solemnly pledge to consider this commitment in every action thank you very much we're going to now turn to item number four on the agenda which is our meeting minutes tonight I'll be assisted by council member Hajj council member hjj yeah mayor I submit to approval of item 4 a actually we don't have any uh anything 4 a this evening just 4 B okay so well I submit acceptance of items 4 B1 through 4 B6 okay second the motion it's been moved by Council MJ and seconded by vice mayor Adams please vote I and that item passes 6 to Zer with council member Bering absent all right next up here we're going to go to reports and announcements I have one here actually I have two announcements and I'm going to read this down here is Edgar olivo here this evening Mr olivo well in that case I will stay up here this is a proclamation for American Red Cross month and that reads whereas during American Red Cross month in March we recognize the compassion of people in Tempe and reaffirm our commitment to care for one another in times of Crisis and whereas this generous spirit is woven into the fabric of our community it advances the humanitarian Legacy of American Red Cross founder Clara Barton one of the most honored women in our country's history who nobly dedicated herself to alleviating suffering and whereas today kind-hearted individuals in our community exemplify Barton's commitment as they step up through the Arizona and New Mex me regions to provide a Beacon of Hope for our neighbors in need through their voluntary and selfless contributions they make a life-saving difference in people's Darkest Hours whether it's delivering shelter food and comfort during disasters providing critical blood donations for hospital patients supporting military families veterans and caregivers through the unique challenges of service saving lives with first aid CPR and other skills or delivering Aid in reconnecting loved ones separated by global crises and whereas here by we we hereby recognize this month of March in honor of all those who lead with their hearts to serve people in need and we ask Tempe residents to join in this commitment to strengthen our community and support the Red Cross in its humanitarian Mission now therefore I Corey Woods mayor of the city of Tempi Arizona to hereby declare March 2024 as American Red Cross month in Tempe Arizona and next up item 5 A2 Tempe board and commission appointments just want to congratulate Bill munch on his appointment to the Tempe fire and police public safety personnel retirement system board Mariah Justice Kathleen lamp and Christy Melcher on their appointments to the historic preservation commission honorable Amy Colman on her appointment to the judicial Advisory Board and Jim Foley on his appointment as a regular member on the Merit system board as outlined in item 7 A1 on this evening's agenda that ends my announcements I will look to item 5B city manager reports and announcements Madam city manager thank you mayor I have one announcement I would like to congratulate Sonia Blaine on her decision uh we're sad but I'm happy for her it's I know it's a tough decision she will be retiring after eight years um with our city and two years in this post as City attorney one of the things that I have known working with Sonia and I know there's many dear friends in the audience who are going to miss her terribly subject matter expertise on land use Economic Development housing human resources and funny as I'll get out um so the humor is always helpful in these very very tough meetings but honestly I have to publicly appreciate and acknowledge the friendship you have been a very strong role model woman in this organization and it it is very much appreciated Sonia thank you for your friendship the dedication to the people of this Workforce um and as always a true public servant with the work ethic that you have been exemplified you have exemplified to all of us we will miss [Applause] you thank you madam city manager next up item six public appearances according to the Arizona open meeting law the city council may only discuss matters listed Elsewhere on this agenda for discussion and legal action the purpose of the open call to the public is to allow individuals to address the city council on any issue within the jurisdiction of the city council no person shall speak more than one and there was a limit of 3 minutes per speaker speakers present at the podium must State their name and city of residence and provide a speaker Card members of the public shall refrain from making personal impertinent or slanderous remarks and from becoming boisterous while addressing the city council or while attending the meeting speakers will be taken first come first serve in the order in which the cards are received speakers visual aids and appearances by phone or recordings are not allowed council members are prohibited by state law from taking action on commenting or discussing a matter raised by a member of the public even if asked to do so by a member of the public so long as the subject discussed by the speaker is not listed as a specific agenda item for council's consideration for discussion and legal action at the conclusion of public appearances the council may ask the city manager to review a matter or place a matter on a future agenda uh before I get started too I wanted to turn to our City attorney who had a special uh remark for this evening as well thank you mayor I I would just like to make um have some words with members of the audience who might be here wanting to talk about a matter that is currently pending with uh a court uh council is unable to comment on any matter that's currently pending before a court and I did want you to know that just to manage your expectations if you do decide to come up to the podium for public comment thank you thank you madam City attorney with that I will get once again to the card here this evening I'm taking these in the order in which they received the first Speaker I have this evening is Scott Baron please come forward state your name and city of residence you have three minutes uh thank you very much uh Scott Baron and live in Tempe uh Mr Mayor and council members uh thank you very much for the opportunity to speak tonight um I would like to comment briefly on the prop proposed Renovations at Ken McDonald Golf Course that were recently made public I appreciate many ask aspects of this plan including an updated uh clubhouse I am concerned however with one aspect of the proposal which includes the construction of a very large parking lot that is adjacent to this new Clubhouse my first concern is the Green Space the city will be eliminating by creating a new parking lot the proposed parking lot will be built on what is currently a beautiful and very well utilized multi-acre shipping green you can go to Ken McDonald throughout the day and see this chip and green being used by everyone from regular players to beginners and perhaps most importantly uh children in junior clinics and high school golfers on Tempe Union uh golf teams this chipping green is a vital and free service at the course for people who want to take advantage of the course but may not be financially able or ready to play the course the written renovation proposal indicates that the chipping green will be relocated my study of the renovation rendering show no indication of a replacement chipping green as far as I can see the renderings show that the existing driving range and putting green are staying exactly where they currently stand and the existing chipping green is simply being eliminated where is the new chipping green going to be relocated at the golf course my second concern is that the new parking lot will essentially be in the backyard of several adjacent homes where these Combs currently have a gorgeous grass chipping green outside their fence they will now have a parking lot with from the words of a proposal a landscape buffer my final concern relates to effective space utilization the new parking lot shows 145 spaces the existing parking lot just south of the course has approximately 250 spaces with probably 100 that are used by the YMCA the new parking lot will create a situation where the city has many current spaces approximately 145 that will no longer be used this abandoned lot will be an ey sore um as the current lot will become virtually empty as visitors gravitate toward the new lot yes the new parking lot is slightly more convenient to the clubhouse is that convenience worth worth the cost of putting a black top surface in a place where we currently have grass is that convenience worth the cost of eliminating a service that is utilized by hundreds of players each week is that convenience worth the cost of abandoning a parking lot and thus creating an empty black top space I would like to conclude with request I ask that each of you take time in the near future to visit Ken McDonald and experience this chipping green to see its value you're likely going to see many citizens happily taking advantage of it and I think you'll agree that putting a black top surface space is not a good idea in that Cas thank you very much thank you so much appreciate it the next speaker I have this evening is jacqulyn Smith is jacqulyn Smith here okay seeing no one uh my third speaker this evening is Shir please come forward state your name and city of residence you have three minutes good evening uh my name is Shir James I'm a resident in auki but lived here in Tempe for many years I'm a board certified occupational therapist mother of two young boys an advocate for the homeless Community here in Tempe I stand here tonight deeply con connected to the city having Liv here for 15 years graduating from ASU working as a Tempe Public School educator and as an active member of my tempy Bas synagogue this city has shaped me into who I am today and it's important to speak out today on the crisis we're facing regarding increased homelessness homelessness in Arizona is up 30% since 2020 we all know there's no simple solution to end homelessness but we also know there are things we can do to make things better and to help those who are truly suffering I specifically want to talk about Austin Davis and the incredible support he's providing to our homeless Community through his weekly feeds as well as his ongoing support he provides for the homeless these gatherings are more than meals they offer a gateway to essential Services detox programs housing assistance and trustworthy support I've seen firsthand how he works tiously to help people get off the streets I know that the city's taking steps aimed to increase homelessness such as hiring security guards as well as Park Rangers I believe the city's intentions are good but this is not the way to help solve the problem we're facing I propose a more constructive approach why not provide support to the homelessness in to the homeless instead of giving them citations and kicking them out of parks why aren't we sending Navigators or social workers to the parks to help get these services to the to the people who really need them this could be a costeffective way to genuinely support those in need aligning more closely with temp's tempe's Community Values through my weekly volunteer work with the arys foundation here in tempy over the past six months I've witnessed the power of offering a helping hand we provide more than just food we offer health care support addiction resources and a sense of belonging I built real relationships with people living on the streets I know they're hurting and that they need support and love this is about more than just addressing homelessness it's about fostering a community that uplifts every member I've seen firsthand people come to these feeds week after week their lives slowly improving due to the support that we provide to them temp's facing a growing need for affordable housing which exacerbates the homelessness crisis instead of distancing ourselves from this issue let's tackle it head-on supporting initiative like Austin's that offer real tangible help thank you for considering this approach to nurture more inclusive supportive and United Tempe thank you thank you the next speaker I have is Tiffany good is Tiffany good here this evening all right seeing none the next speaker I have is Jessica walburn Jessica walburn yes sir oh yes okay great thank you please state your name and city of residence you have three minutes thank you good evening my name is Jessica walburn senp resident good evening council members I am here to address an issue that I have come across in Tempe my name is Jessica wurn I'm a Tempe resident and I live across the street from papao Park where there is a large unhoused community I'm also the Outreach coordinator for a local nonprofit called AA and HPI for equity and um I stand here um in representation for them as well I'll begin tonight with proverbs 31 8-9 speak up for those who cannot speak for themselves for the rights of all who are destitute speak up and judge fairly defend the rights of the poor and the needy as you all are aware my friend and the Good Samaritan Austin Davis with a hugs has received numerous citations for food sharing in our public parks demanding that he stop feeding the poor hungry and unhoused with the amount of citation it has now led him to criminal charges which he is potentially facing jail time Austin should not be facing charges for addressing our unhoused folks most urgent needs the business owners and homeowners who do not relate to our adversities have been the voice of false accusations and shallow complaints also known as lies about what's happening at these feeds with over 300 unhoused community members here in Tempe and no food sharing programs are you really expecting us to let our people God's people starve and be ignored as if they do not exist in Luke 31 through 11 it reads what should we do then the crowd asked John answered anyone with two shirts should share one who with who has none and anyone who has food should do the same in addition to a hugs my coffee and donuts program through the organization which also served the UN house folks was shut down and other Church groups doing feeds were also shut down we are living in a time where we are divided the rich and the poor the truth is God created us all to love as he loves us so what is the solution it's Unity solidarity coming together at one table to include representation from Community organizations folks with the lived experience our youth the elderly and of course our city leadership we know how the City of Tempe loves to be recognized for being the first the best and the most improved so I invite you to be the only the only ones who dare be righteous and just I ask that the charges be dropped against Austin Davis and that we welcome an alternative approach to be considered thank you thank you so much the next speaker I have is Mario Martinez please come forward state your name in place of residence we have three minutes good evening my name is Mario Martinez I live in Tempe I question whether criminal charges against Austin Davis are warranted as for the mayor police and prosecutors this is not who are considering these charges this is not the first time they screwed up uh let's see I was arrested I was arrested for DUI which carried mandatory jail time and I was convicted of zero DUI offenses and the case was so weak that they didn't go to even go to court for for uh for DUI offenses when you arrest people for DUI and don't even take it to trial one of two things happen you either arrested the wrong person or you let a potential DUI potential DUI driver who could be a killer you let him off either way you either way the police and the prosecutors involved in this case as well as the mayor who's supposed to oversee them are a bunch of DUI uh enforcement losers it's no wonder we have a DUI problem here in 10p Believe It or Not crime really does happen in 10p I happen to be uh let's see I have two broken teeth in my uh right now that I paid $44,000 for over the last 37 years that was a result of a DUI related assault okay I know what it's like to be there and now I got to pay 10,000 12,000 to get off on a DUI charge that I never committed and then you guys you're you're considering you're considering uh uh charging Mr uh uh Austin Mr Austin U I forget his last name I'm sorry with this I mean you are you are Prosecuting the wrong people that's all there is to it right in my neighborhood where they arrested me for DUI there uh there was a lady that drove through the uh let's see through the window of a Verizon store jammed her uh and pinned she crashed through it and then she uh let's see she pinned the the uh sales clerk against the wall it was horrible the tempy police they should they should at least arrest her you know if they arrest her before that happened we wouldn't have this casual I don't I know that doesn't you know that's a high order but this is ridiculous the reason I couldn't do the walk and turn is because I have a hip replace ment okay and I also have uh let's see I had a ruptured appendix at the time and then here you are you know Prosecuting uh uh uh Austin here this is this is not right this is not where our resources should be be put uh put in he is just trying to help the PE people and I think that we should do that do your job for a change Corey and show up next speaker is Lonnie mlin please come forward St name place of residence you have three minutes hi my name is Lonnie McGloin I am a temp resident I'm here as proof that Austin hugs heals he put his arms around me and not once but twice has kept my family off the streets through the grace of God I am thankful to have met him him in honor to serve by his side I was released from prison in May after 15 years and I also have a history of substance abuse I consider the people he helps my brothers and sisters and I'm here to I'm here to be their voice I have heard so many stories if hate crimes against the homeless and I know that no human deserves to be treated like that Austin is not a criminal he is a he is only doing God's work in loving our neighbors as he loves himself thank you so much appreciate it thank you the next speaker I have this evening is Darlene Justice please come forward state your name and place of residence you have three minutes hello my name is Darlene Justice I've lived in tes and since 1965 uh I'm here to discuss uh 7 C1 the canvas of election results mayor Corey Woods you have the most outstanding leadership and direction for Tempe your award-winning housing initiatives are great your unrelenting support of historic preservation is wonderful too thank you very much saving tempy's history and most important buildings Doran Garland thank you for awakening the leadership and the City of Tempe regarding indigenous people and the importance of tempy citizens and their children knowing this history Randy keading thank you very much for supporting the annexation of the north tempy neighbor North tempy County Island along with a couple other people sitting here Joel and Jennifer uh thank you for your support of the pap Park pre preserve as many did and also the desert Conservation Commission which has a Native American commissioner thank you to Nikki Amberg for you for her experience and wonderful ideas especially the collaboration within the cities that are that are going under the same types of issues I think that's a great idea I've heard a lot of things about the homeless and that I want to thank you all for care 7even and hope I have used that and calls them many times and they have helped people get their ID theyve helped them get places to stay theyve helped with them in many T many different ways I even have a little card that has phone numbers on it from the timy police department that I've handed out to people in timy to call Hope and Care 7 thank you very much for purchasing motels and that can be transitional housing and and that I'm sorry for some of the things that have people had the feelings that they have but people need real help to get off the street and I think that tempy is supplying that I was going to come up here and say I'm not allowed to have props if I could I'd have planing it's a beautiful day in the neighborhood and I think it is and I think that more work of groups together in that and dealing with homeless we've we've seen a lot of other sides of things too in the park and I just want to thank you though for being here and for being strong thank you very much thank you so much the next speaker I have is Dean padr please come forward state your name and place of residence you have three minutes mayor council members thank you so much for allowing me to talk tonight U my name is Dean Pedra and I am a phoenix resident um I'm here to talk and and in my support of Austin Davis and Arizona hugs to feed homeless individuals here in Tempe and I want to to share with you a short story of a homeless youth youth that I've been working with for the last 12 years it's here in Tampe and the uh Austin's Austin's uh uh ability to help us get him into care um just as a just kind of set the stage um although I'm not a tampi resident I've been closely involved and was an early board member in Mulligan's Manor and that's a LGBT group home the first in Arizona that opened up here in Tempe several years ago um the individual I'm going to talk about his name is Joe and he was one of one of Jenny's first kids and um and incidentally Mulligan's manner is truly a home anyway uh Joe was a youth but due to um underly mental illness and childhood trauma he exited from poster Care at 17 from a level one group Palm he's been homeless here in tampy ever since um I became involved early on with him because of my associate with Mulligans and and has been a behavioral health Advocate as he transitioned out of foster care uh last year I became his Guardian unfortunately because of our foster care system gives kids coming out of foster care unrestricted funds Joe is also a meth addict um so now he's facing he's dual diagnos is he's facing mental illness uh as well as drug addiction in fact last fall he overdosed on Fentanyl and if it wasn't for the life-saving action of a Tempe Police Officer he would have died so I think that officer temp PD and the City of Tempe for supporting the Naran team unfortunately Joe is really an 11year old in a 23-year-old body and That's where Austin comes in I have over 200 emails from Austin over last year in his numerous efforts to help Joe he's given him birthday presents food clothing he when he has underlying paranoia Austin will find somebody that sits with him and cares for him that night I was shocked tonight his Guardian to find out when I talked to to Austin Austin has helped him get into foster excuse me get into detox sober living and residential treatment time I did not realize an embarrassed to say his Guardian I didn't I know Austin did that eight or 10 times this last year alone he's in he's part of our support team with his with his co-workers at life well I say this because Austin sets a relationship in a tone and works a level of trust with individuals Joe has Defiance disorder he is really struggling under secured care legislation we could get him into an involuntary treatment but those programs don't yet exist in Arizona so he's yours He's Mine He's Austin he's life Wells I urge you to support and help these individuals they really need your Care thank you time thank you the next speaker I have is Jim Freedom please state your name and city of residence you have three minutes I am Jim Freedom i a president of birth I'm here today in support of Austin Davis and in protest of your unethical actions against him I heard the complaints from a few residents in this building a couple months ago so I went to investigate what was going on for myself I spent several Sundays with Austin at the park observing for many hours each time searching for evidence of trash drugs needles or crimes those are the claims of the few residents but those claims are based on homeless stereotypes not facts related to Austin Davis giving away food in fact it was you the city governments that forced hundreds of homeless people out of their riverbottom encampments and into the parks in downtown areas you made that happen because you wanted a new stadium in that area if there has been an increase in trash or crime it is directly related to the decisions you've made in this room and now you're trying to blame the results of your actions on a person you know can't afford to properly defend themselves the person you're attempting to punish does more than give away food he provides friendship information advice and connections to resources you don't care that he does these things you only care that he does them without a permit you want paid for his efforts it's pathetic it's not only that of course you want to be able to dictate exactly how when and where this man puts food on a table to let people eat you try he tried to pay for your permission and you told him he must stop while you think about it for up to 6 months forcing him to stop as you attempted to do while he applied for your permit and as you are still trying to do with five pending charges against him would leave you with a homeless population that's now desperate to find a new source of food and other resources some of them desperate enough to steal food to eat can you comprehend how that would make you the cause of that effect I believe you do understand that you just don't care because you'll score another plea bargain for the city you know what he's doing is not causing harm that's why you're forced to resort to specially crafted city codes that clearly and arrogantly violate the fundamental principles of Freedom you tried to intimidate him into stopping by sending cops multiple times you escalated your intimidation by forcing him into the plea bargain assembly line that is the court and you continue your intimidation with your new cameraa station 30 yards from the picnic that is meant to make them uncomfortable and insecure so much taxpayer money spent tens of thousands of dollars if not more between the cops judges lawyers Office Clerks and many other costs all this cost to us the residents because some guy is giving away food without your permission in this situation you are nothing more than a bully picking on a small charity that you know you can beat I hate bullies stop it next up Amanda Everett please come forward St your in place of residence you have three minutes hello my name is Amanda I've lived in Tempe for over 7 years now and in the East Valley my entire life uh I'm here to ask the city to drop the charges against Austin Davis an organizer with ay hugs and pursue more productive measures to help our unhoused neighbors such as a compassionate housing first approach earlier this meeting mayor Woods we heard you declare this month American Red Cross month where you quote recognize the compassion of the people in Tempe and reaffirm our commitment to care for one another in times of Crisis I can think of nothing that embodies the spirit of this month more than the work that a hugs does I'm happy to hear as one of the previous speakers has said that you all have made some changes to help the homeless however however as I'm also sure you're aware there are still massive gaps that organizations like easy hugs fill as a Tempe resident I value the well-being of my house unhoused neighbors more than permits if I wasn't fortunate enough to have friends and family with the resources and kindness to help me in the past I could easily be in need of the resources an organization like a hugs provides in fact the vast majority of tempy residents like most Americans are only a few missed paychecks away from losing shelter I understand rules are often in place for good reasons such as the public good but at times like these when they become a hindrance to public good we should stop and consider the choice to apply them so aggressively in my opinion the good a hugs is doing to help alleviate the Pains of a growing housing crisis which is driven by things like Mass private Equity Home purchases landlords fixing rent prices and the double blow of corporate GED inflation and wage stagnation those that good is far more important than some paperwork and Merit special consideration thank you for your time today thank you the next speaker is Adrien mestas if I pronounce that correctly yes excellent please come forward state your name and place of residence you have three minutes hello my name is Adrien mesus um a resident here in temp Arizona um I would just like to speak on behalf of Austin Davis that um he has done so much wonderful things I mean he has brought food to us when we're out there cold he brings us blankets clothing whatever is needed you know he's a very great person and I speak on his behalf if you could please just like I don't have no written notes or anything like that I'm just doing this off of my heart and off my mind you know like like they were saying about the Red Cross you know if you could bring forth like some hood and some things I'm I'm right now I'm over in Motel 6 and I'm sure appreciative with with all that but then there's more that can be done if I'm very educated and well educated person and if you guys can bring forth something else besides that to open up jobs things that are more educational things that we can look for to to to do to open up these things and you know if you could please just like drop his charges because he's doing so much and that's all I got to say thank you so much appreciate it thank you the next speaker I have is Kansas Kansas please come forward state your name and place of residence you have three minutes hello uh my name is Kansas um I live in Mesa but I just recently moved there from Tempe um I've worked uh with Austin Davis uh first as a volunteer but then as a part of a hugs since November uh 2021 uh so that's coming up on three years now okay and I you know I know how he operates and I know how a hugs operates and I promise you that uh these citations are misdirected Austin spends countless hours out there uh cleaning the park and being with the people um you know all these complaints from citizens about needles and trash uh um you know that's not Austin's fault and that's not a hugs fault um you know like what the homeless po first of all I think the numbers of the needles were bloated I really don't think there's as many as those people are saying um but on top of that you know a hugs only gets people off the streets only cleans up the park we are not the ones making that mess and it is not uh and is not our fault um I have filled in for Austin on some Sundays where he has to step out of town and I have to run the Sunday Feed and let me tell you we're out there until like 9900 p.m.

at night just cleaning trash some not even trash that uh our guests made so all all these complaints are misdirected and you know and I see you guys uh or I see the police and cracking down on not just us but other organizations and churches you know uh trying to feed the Homeless population here in Tempe and I think that's insane I mean you know like where it really comes down to is a difference in values right uh you know Austin applied for this permit you asked him to stop while you considered it and he kept going because you can't just rip a resource out of someone who's needy you know they they need that resource they rely on it week to week um and so he kept going and then you denied him for uh disobeying the orders and the wait time but really what that tells the people here in the city is that you value obeying this ordinance more than you value these people's lives because they are relying on Austin and he can't just stop I mean that would be unethical for him to stop um and nobody wants to live in a city that values ordinances over people's lives so I urge you to use all your power uh to change course on this and drop the charges on Austin thank you thank you that's all the cards I have this evening uh I want to ask is there anyone else in the audience who wishes oh yes Mr K please come forward and state your name and place of Resident you have three minutes hi my name is carway I've been a citizen in my neighborhood caver Hills for 25 plus years prior to that almost 5 years looking for somebody to sell their house in my neighborhood uh I've been listening to a lot of this and I've been very vocal about the feeding in the Parks uh I've heard hey we've been out there all night cleaning up but what you don't realize is what happens an hour later two hours later it gets trashed out uh just recently well today one of my neighbors is concerned about there's a drug addict behind her home acting like a dog so she had to call the police she's tired of having all this everybody on this day has worked for almost four years to help my neighborhood get cleaned up last year around Thanksgiving we had a total switch we started getting more and more people coming by my house I shouldn't have 74 plus people coming by my home doing fenel on the sidewalk or using a crackpipe on the sidewalk or passed out in my flower bed none of our neighbors should have that when you talk about money look at all the money that the city has poured in to try to clean up my neighborhood and make it safer for the residents when you feed you have to insulate your communities around there this is not what's happening with these people once you feed them these guys going their way they're left to defend for themselves I had I met Jesus today again on the corner of scottd melus just some shorts on tell me he's Jesus and I'm like roll my window up because I'm he's leaning into my window and I'm waiting for the light to change the problem is if you're going to feed it needs to be away from neighborhoods my neighborhood is the first closest one with the acception the one to the east of there the condos I can tell you right now there's 188 homes in my neighborhood 186 Plus hours would support this decision to ban these feedings till you get some control over these individuals that are doing this if they're going to be defant and refusing to cooperate and then when you say they're not helping these people everybody that's asked for help in city of tempy have they not been helped these are service resistant individuals that don't want housing they want everything else but that and when it comes to these call them lies they're not lies I tell you anybody want to come live in my neighborhood Austin drives down my street if he sees somebody he stops gives them whatever they need that is encouraging these individuals to come into my neighborhood goes to the QT he goes up Scottdale Road this type of behavior is not helping the situation there are programs in City of Tempe to help these individuals their service resistance they don't want housing and if they do want housing it's because of the barriers they want to do the drugs and so forth that's time thank you thank you so much all right is there anyone else in the audience wishing to address the city council if so please get my attention all right seeing thatone I will close that portion of the meeting and move to item number seven which is our consent agenda all items listed on the consent agenda will be considered as a group and will be enacted with one motion by the city council unless an item is removed for separate consideration members of the public May remove public hearing items for separate consideration public hearing items are designated as public hearing item at the beginning of the item title council members May remove any item for separate consideration or to declare a conflict of interest if a council member would like to declare a conflict at this time the city clerk will provide the council member with the disclosure form if you wish to speak on a public hearing item please fill out a speaker card and submit your completed card to the city clerk prior to the agenda item coming forward for Council discussion I will call your name when it is your turn for public comment this evening the consent agenda is as listed miscellaneous items 7 A1 through 787 Awards of bids and contracts items 7b1 through 7 B16 and resolutions items 7 C1 through 7 C2 once again any agenda item that's designated as a public hearing item can be removed by a member of the public for separate consideration if anyone would like to have a public hearing item removed please get my attention now all right seeing none I will look to our clerk here to see if there are any comments received from the public wishing to address the city council on a consent agenda public hearing item nothing on this section thank you thank you madam clerk Council any other agenda items that you'd like to have removed from the consent agenda for separate consideration so move okay it's been moved by council member hodj second seconded by vice mayor Adams please vote and Council Rod coming it's coming and that item passes 6 to zero with council member keing absent that means I will move on to the non-consent agenda all non all items listed on the non-consent agenda will be considered separately agenda item scheduled for introduction in first public hearing will be heard but will not be voted upon at this meeting agenda item scheduled for second public hearing and final adoption will be voted upon tonight council members who may have a conflict of interest May abstain from voting on a matter and the city clerk will provide the council members with a disclosure form at this time the first item under this section which is 8A miscellaneous items bids contracts and resolutions is 8 A1 which is to a one-year contract with four one-year renewal options to Express Scripts Incorporated who will provide Pharmacy benefits management services for eligible city employees and their dependents to be administered by the human resource department Council any comments or questions so it's been moved by Council Brad do have a second seconded by Council M dearo please vote and that item passes 6 to0 with council member keing absent the next item under the section is 8 A2 which is to award job order number two to Caliente Construction Incorporated for the facility renovation Tempe fire medical rescue burn building project located at 1340 East University Drive Council any comments or discussion been moved by Council M dvaro and seconded by council member chin please vote and that item passes six to zero with Council ofing absent the last item under the section is 8 A3 which is to award the Construction contract to auin Garder Construction LLC for the downtown streetscape improvements M Avenue Rio solato Parkway to University Drive project Council any comments or discussion been moved by council member hod seconded by council member chin please vote and that item passes six to zero with council member keing absent the next section on the non-consent agenda is I ordinances and items for introduction in first hearing the items under the section will be read and introduced tonight but no votes will be taken the second hearing and votes for these items are scheduled for April 4th 2024 first item under the section is 8b1 which is to introduce and hold the first public hearing to adopt an ordinance authorizing the granting of a license agreement for utilities to cellco partnership DBA Verizon Wireless over certain city-owned land on West Court West Westcourt Way and authorizing the mayor or his designate to execute an easement agreement and related documents this is a public hearing item so I'll check to see ises there anyone wants to address the Council on this item this evening I would be shocked but I got to check anyway because it's my job all right seeing that I'll close the public hearing portion Council any comments or discussion all right hearing none the second and final public hearing on this item is scheduled for April 4th 2024 the last item under the section is 8b2 which is to hold the second public hearing to adopt an ordinance for a planned area development overlay to modify heightened building requirement heightened parking requirements and a development plan review for a new 14-story mixed use development consisting of 239 dwelling units and ground floor commercial uses on 049 acres for college and 7th mixed use located at 706 South College Avenue the applicant is gamage and Burnham PLC and I see mja lvas good evening good evening Mr Mayor members of the council for your record M lvas law firm of gamage and Burnham I was here uh last two weeks ago to talk about seventh in college mixed use on the first public hearing and I know we were still working out some parking and some height so if we have come to an agreement I really want to thank Ryan and Jeff who have been great and super helpful in this process and and all of you to talk about it so we're back for another first public hearing we've made kind of a run like a legislative edit that I wanted to go through with you so just as a brief I know we talked about it for anybody who wasn't here this is at 7th in college so the site of where the Student Book Center is and College Street Deli for those of you who remember and yes yes as all of us do because that's what I think of it as anyway and we're going to bring restaurants back not the College Street Deli but something better but so we're very excited but an effort to kind of move this along um what we're what we have kind of agreed to is we're going to increase the height of the building a little bit to 14 stories at 30 units which will allow us to pay for additional parking and so we'll get to the parking number that the staff is comfortable with and we are comfortable with so we will be having a 14-story building with 239 multif family residential units you can see the mix we've increased the studios a little bit and some of the two bedrooms went down a little bit and then what we'll do is we'll have 87 parking spaces um on-site vehicle parking spaces in two levels that'll include EV the compact spaces and the one APS space and we feel very comfortable with that parking number it's a number that I know Jeff and Ryan wanted get to a 0.27 it's a number that we feel comfortable with um and then we've increased our bicycle parking spaces a little bit to accommodate the units and so I'm happy to go through a longer presentation if you'd like but I'm happy to answer any questions we've spend some time and we feel good about the parking okay sounds good thank you Miss BOS Council M hod thank you for the presentation I don't think we need another um another full one on it but um when you were talking about the parking um thank you for getting there because that's exactly what um you know as we are some most of us requested when the parking is that going to be how's that parking going to be because I know we were talking about underground or is it going to be top of ground how's that going to work Everything's Going Underground so yes so may Mr mayor council member hod what we will be doing is having two levels underground okay and so when we the what we talked about is the same building you know at ground level a lot of restaurants and so the the additional underground was a little bit more expensive so we added some more units to help us kind of overcome the cost obviously that comes with more parking but it helps a second level thank you sounds good Vice May Adams yes I'm comfortable uh with how you've done this and I really appreciate everybody working together and working it out well thank you and I appreciate your patience you wonder Council chin thank you mayor I want to Echo those sentiments thank you for working with our staff on this no well thank you excellent all right anything else I could just personally I want to say thank you to Sonia I've already said it to her before but you going to be missed as you know so anyway I'm glad I was at your last meeting thank you very much thank you Miss Boss appreciate it this is also a public hearing so I'll check to see if there's anyone in the audience wishing to address the city council on this item speakers would have up to three minutes is there anyone in the audience who wants to talk about this all right seeing none council members any further comments or discussion all right seeing none once again the third and final public hearing so once we were going to a third hearing which is not usual but this was a major change of adding a 14th floor adding a second level of underground parking uh that will create a third public hearing which will take place on April 4th 2024 where a final vote will take place the next section on the non-consent agenda is ordinances and items for second hearing and final adoption there are no items under this section this evening so that brings us to item number nine current events Council announcements and future agenda items council members May request that an agenda item be added to a future council meeting meeting during their allotted time but in accordance with the open meeting law there should be no discussion on the item other than to clarify the request let's see this evening we're going to start here council member chin no El all right thank you next up council member Garland hi thank you mayor um I just want to say I'm sorry that I'm not there today but my husband whisked me away on a anniversary trip our 31st anniversary was yesterday so I'm sorry I'm not there with you I just want to explain why I'm not there but I also wanted to say um Sonia I GNA miss you um have appreciated the opportunity to work with you and to learn from you and to learn with you um since I have been on Council so I just want to say thank you so much we're going to miss you when you're gone I've especially enjoyed the conversations um about our grandchildren and I am so glad that you're going to have more opportunity to spend with yours so just wanted to say thank you for everything you've done thank you thank you council member very very much thank you Council garet Council hod um yeah I want to first start off with uh talking about my famous and love for Sonia Blaine I love you so much I I don't think I found anybody as feisty as me but you so you mirror me on that you know I'm going to miss our conversations I'm going to miss our talks I love you lady there's no replacement for you and also want to give a congratulations to our mayor me and council member chin said he was a slacker because he only got what 94% what happened to that other 6% we just want to know um you know slacker um congratulations mayor congratulations council member garlet on your Victory I'm happy to serve with you again you make sure you tell Scott happy anniversary and that I love you guys um also go ahead I'm sorry I said I will okay um also congratulations to council member Keon who is now hoping to be gambling right now we hope he wins we hope he wins um and also we I would like uh another um congratulations to Nikki Amber our new council member so congratulations on that um and I have my couple of announcements um come join me on April 13th for breakfast with Bretta it's going to be at uh caac is going to be a fun one it's a tempy pedal Plaza is going to be about bicycles so enjoy the breakfast food and learn about how the city and T is going to promote multi moderate Transportation so that's going to be a good one and as I said April 13th from 11:00 a.m.

to 1 p.m.

and also you're invited um to our uh T City Atty amazing housing service team we got our landlord um our TIY housing staff TIY Historic Museum I'm I'm sorry I can't even read today but we do have our um amazing housing team is going to be doing a presentation with our if you're a landlord and that's on March 26 from 2:30 to 4: I just want to thank the tempy Diablos uh for our charity thank you so much from Tim as uh as a city council member and also as a governing board member thank you so much for that and my last and final one is on March 30th for kuas Park we do have our Easter scramble um that's going to be fun for our children all come out it's on March 30th from 8:00 a to 10 p.m.

and it's right next to our North soccer field and also K tempy beautiful will be hosting a part cleanup at 9:30 on that same day and I think that is the end of my announcements thank you sounds good thank you so much next up Council raro oh thank you mayor um just real quick I'll probably mention this next meeting but uh the 37th annual first year spawners picnic uh is going to be Thursday April 11th from 6:00 to 8:00 P.M that's at Kanas Park and um it's an every year thing it's a great opportunity for First Responders to get together and just kind of share um some stories and whatnot but tempy St Luke's puts it on and and Sheila who's the uh coordinator of this whole thing she's been around for forever as an RN at timy St Luke's and I think everyone in the Community knows her um or has touches with her if they've come in the Tempe um from other cities so that's going to be the uh Thursday April 11th from 6:00 to 800 p.m.

and then for Sonia what a treasure I I have to tell you I you know I have I've really enjoyed you as our attorney you are a straight shooter you're you're spoton with things you great you give us always great information you always have a balanced opinion I appreciate you so much uh just what you have helped us with and we've had some difficult um stuff right so um your guidance has been um very known and not only just here in this Council been reflected in the community and with people that have worked with you and I know other um people with different sides of development or even with um our prosecution and judges and courts and everything like that I mean you've really served us well and we really appreciate I can't believe you're leaving but I have to say I'm jealous and I hope you enjoy it thank you thank ccar next up vice mayor Adams yes thank thank you Mr Mayor um the first thing is uh I want my first announcement is the Arizona Theater Company um they are a new partner at Tempe Center for the Arts and the Acoustics are perfect in that venue so I really appreciate um them being at ATC being our partner and they are putting on world class plays world class plays they are amazing so um a shout out to them please consider going to the mo or to the theater it's wonderful uh and we have a new uh opening night for master class and it starts on Saturday March 30th and you can buy tickets at Tempe Center for the arts.com my second announcement is um tcaa one of my favorite uh nonprofit agencies um they're having their annual fundraiser on April 5th from 6:30 to 9:30 please attend to raise money for our most vulnerable residents in our community you can purchase tickets at Tempe action.org to our amazing City attorney um I love you and thank you for all of your support and guidance you have a very level head and uh I just really appreciate all everything you've done done for me and and for our for our city and our residents so thanks thanks for serving and best of luck in your retirement and I will be calling you for lunches I want to congratulate our um mayor Woods for his his amazing Victory ran out of pose because everyone knew no one could beat him so I'm just really proud of you Corey I love serving with you and I do listen to you and I also I do I I was accused of not listening I was accus it's it's an inside joke but it's great I was accused of not listening to the mayor earlier but I do I promise and uh I want to congratulate Nikki Amberg uh you ran a hard campaign and I also um Randy keading and Dorene Garland for their victories and I look forward to serving with all of you and and that ends my announcements thank you Mr Mayor thank you vice mayor all right and just I just wanted to like everybody else say uh Sonia thank you for everything and we love you very much and thank you for all the work you've done on behalf of this community you are going to be greatly missed so thank you so much you know exactly how I feel about you so I will not repeat it in public because you told me not to so next up item number 10 here public appearances is there any of the audience you'd like to address the city council uh I've got one actually I've got a couple here at the end uh the first one I have is Shelby Alman is Shelby alond here okay um and the last person I have here is Erica Harper is Erica Harper available all right seeing none is there anyone else in the audience here wishing wishing to address the city council on item number 10 public appearances if so please get my attention all right seeing none that brings us to item number 11 which is adjournment the next regular scheduled council meeting is on April 4th 2024 we are adjourned thank you very much everyone have a good evening