Tempe continues Harvey ADU appeal pending zoning administrator opinion on state law preemption

Good evening everyone. Welcome to the Temp City Council regular council meeting. I just note I believe that uh council member Adams is going to be attending virtually. Also just want to make sure that we know that council meetings can be watched in real time via Cox Cable Channel 11 and at temp.gov/temple11. Members of the public may also attend the meeting virtually through Microsoft Teams.

If you have signed up to speak on items later on in the agenda, please note that as the presiding officer, I have the discretion to introduce items out of their regular order as listed on the agenda. I may change the order of items from time to time to accommodate scheduling to allow us to address items with a large number of speaker cards so those wishing to speak on those items don't have to wait until later in the meeting or to otherwise expedite the business of the meeting.

If you wish to speak on an agenda 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 item coming forward for council discussion. I will call your name when it's your turn for public comment. I'd now like to invite everyone who's able and willing to to stand to join me for 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 everyone. Tonight's agenda has a number of items that 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 in attendance for for those at near the entrance for those in attendance at tonight's meeting.

We will now play a video with the proper protocol for ensuring the appropriate conduct at city council meetings. The city of Tempe 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 otherwise 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 Tempe 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 Tempee'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 Puma Peiposh 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. Next of item number four, meeting minutes. Tonight I'll be assisted by Council Member Amber.

Council member Amber. Yes. Um, Mr. Mayor, I move to approve the city council meeting minutes in item 4 A1. It's been moved by council member Amber and seconded by council member Keading. Please vote. Council member Adams. Is Council Adams present? She's online. Yes, she's online. Council Adams, can you hear me? All right, that item passes six to zero with council member Adams absent. Next up, item 4B, acceptance of board, commission, and committee meeting minutes. Council member Amber. Yes, Mr.

Mayor. I move to accept the board commission and committee meeting minutes in items 4 B1 through 4B7. It's been moved by Council Member Amber. Do I have a second? Seconded by Council Member Chin. Please vote. Council member Adams. All right. And that item passes six to zero with Council Member Adams absent. Next up, reports and announcements. I'm going to go down. I've got a number of them this evening. Thank you. All right.

So, first up here we have item 5A1, National Charity League East Valley Service Day Proclamation. And let's see who's here for that one. Anyone here? Oh, come on forward. All right. So, this proclamation reads, "Whereas the National Charity League East Valley chapter is part of a national nonprofit organization founded in 1925 which fosters motherdaughter partnerships in grades 7 through 12 through community service, leadership development, and cultural experiences.

As of 2019, NCL had more than 270 chapters across 27 states with over 72,000 members contributing millions of hours annually. And whereas the young women of NCL East Valley have devoted substantial volunteer hours supporting food banks, shelters, senior centers, and other local nonprofits, demonstrating sustained leadership and civic responsibility.

And whereas historically many of these students achieved the President's Volunteer Service Award, a prestigious national honor instituted in 2003 by the President's Council on Service and Civic Participation to celebrate Americans who give exceptional volunteer service at bronze, silver, gold, and lifetime achievement levels.

And whereas the PBSA honors youth based on age and hours of service with teens earning bronze, silver, or gold awards starting at 50 hours per year and young adults requiring 250 plus hours for gold recipients receive a certificate, official pin or medallion and a letter from the president.

And whereas as of May 27th, 2025, Americanore has temporarily paused the PBSA program, preventing new applications or award orders through recipients with pending submissions prior to the pause that though I should say though recipients with pending submissions prior to the pause may still receive their rewards.

And whereas in light of this interruption, the exceptional volunteer achievements of these NCL East Valley young women deserve local acknowledgement to honor their civic contributions and encourage continued service in the spirit of PBSA's program intent. Now therefore, I, Corey Woods, mayor of the city of Tempe, Arizona, do hereby declare September 18th, 2025 as National Charity League East Valley Service Day in Tempe, Arizona. Let's come over. Do you mind if I say something?

So, just so folks know, mayor, so just so everybody knows, myself, uh, the vice mayor and our city manager are are all past NCL moms. My daughter actually graduated last year, so she's a freshman in college. So the leadership portion of uh NCL is working really well. I was going to say I'm a past president and I absolutely love the time with my daughter National Charity League. Thanks. Do you want you all to smile? One more like two. [Applause] All right. Next up, item 5 A2.

And actually, I've got duplicates here. I'm going to put that over there. the recognition of career ready intern Grace Wombcker. So, I want to invite the council to see if they can actually join us down here for this one. So, I'd like to take a moment to recognize uh someone very special who's been part of our team through this past summer in 2025. So, Grace, could you please join us up here in the front?

So, Grace Wombcker joined us through the Tempe Chambers Career Ready Internship Program and spent six weeks working with our council and council staff. Over that time, she contributed her energy, ideas, and hard work in ways that truly supported our office and the entire community. Grace, thank you for bringing such dedication and enthusiasm to your internship. We appreciate the time you spent with us, the projects you supported, and the perspective you brought to our work.

On behalf of the city of Tempe and of course the entire city council, we wish you the best in your future endeavors and we know that you're going to continue to do exceptional things. So, thank you [Applause] There we go. All right, everybody. Big smile. One more like that. All right. Next up here, item 53, ovarian cancer awareness month proclamation. Let's see. Is there anyone out here in the audience to receive that? Yes. Here we go. Come on down.

So this proclamation reads, "Whereas ovarian cancer was the fifth leading cause of cancer related death among women in the United States and the American Cancer Society estimates that in 2025 approximately 20,890 women will be diagnosed with ovarian cancer and 12,730 will die from the disease nationwide, including an estimated 470 new cases and 330 deaths in Arizona." And whereas a woman's lifetime risk of being diagnosed with ovarian cancer is approximately 1 in 91 and her lifetime risk of dying from the disease is approximately 1 in 143.

And whereas due to vague non-specific symptoms and the absence of a reliable early detection test, the majority of women are diagnosed at stage three or later when the cancer has already spread beyond the ovaries. And whereas although the 5-year survival rate for stage 1 ovarian cancer exceeds 90% only 15% of cases are diagnosed at this early stage, for those diagnosed in later stages, the 5-year survival rate drops below 30%.

And whereas while screening tools such as mammograms and pap tests exist for breast and cervical cancers, no equivalent screening test exists for ovarian cancer, making awareness of symptoms and risk factors essential for early intervention. And whereas increased public education about ovarian cancer can help save lives by promoting earlier diagnosis, supporting access to gynecologic oncology care and encouraging research funding for better detection and treatment options.

And whereas during this month, the city of Tempe joins all those affected by ovarian cancer, those currently battling, those who've lost their lives, their families and caregivers, and our dedicated health care professionals in raising awareness, promoting education, and fostering hope for earlier diagnosis, improved treatments, and ultimately a cure.

Now, therefore, I, Corey Woods, mayor of the city of Tempe, Arizona, do hereby declare September 2025 as ovarian cancer awareness month in Tempe, Arizona. two. One more like that. I know, as I've mentioned um many times before during my time down here, you know, my mother passed of ovarian cancer back in 2012, uh a couple of months before I got reelected to my second term on council.

And so, uh that's always a very emotional one for me to read personally, but obviously, and she was diagnosed at stage three because there were very vague symptoms at first that they didn't catch. Um, so obviously, you know, we do whatever we can to raise awareness here and hopefully at some point we can find a cure uh for this very deadly disease. Next up, item 5 A4. This one is for National Information Technology Professionals Day. I see Jared, I see you kind of getting up over there.

So, anyone else can come to join you or Fantastic. All right. So, this proclamation reads, "Whereas the city of Tempee acknowledges and appreciates the dedicated service of all information technology professionals citywide who safeguard our networks, applications, and technological infrastructure while ensuring the secure and efficient operation of critical systems.

And whereas the city of Tempe recognizes information technology professionals as integral contributors to our community whose expertise enhances the quality of life for residents and supports our mission to maintain Tempe as a desirable place to live, work, play, and visit.

And whereas the city of Tempee values the skilled contributions of information technology professionals in strengthening community communication infrastructure, enhancing organizational resilience, fostering connectivity through technology, and supporting initiatives that improve uh and promote equity, sustainability, and quality of life.

And whereas the city of Tempe will observe the third Tuesday of September as National Information Technology Professionals Day in recognition of these vital contributions to our community. And whereas the most important part of this day is taking the time to thank the information technology professionals who make modern life easier for all of us.

Now therefore, I Corey Woods, mayor of the city of Tempe, Arizona, do hereby declare September 18th, 2025 as National Information Technology Professionals Day in Tempe, Arizona. [Applause] Next up, I have the uh Tempy Police Department uh intelligence team if they'd like to join me up here. This is for uh national crime analysis and intelligence. Just as a note to really want to thank this team as well for all the work that they do.

Obviously, uh it's a very very uh very challenging time in our country and our in our world's history and obviously even some of the events that have happened here in the last two or three weeks. So, we just want to appreciate the Tempe Police Department and all the work that they do to keep each and every one of us safe.

And so this proclamation reads, "Whereas the crime analysis and intelligence center of the city of Tempe Police Department provides a dynamic role in enhancing public safety by identifying emergency emerging crime patterns and series through comprehensive data analysis. The CIC informs strategic decision-making, guiding the department's future operations, and helping to anticipate the evolving needs of the community.

Their deep understanding of the department's internal processes combined with strong communication ties to the surrounding agencies fosters a robust network of intelligence and resources. And whereas the CIC has completed 174 background and criminal history checks this year for investigations and employment. They have created 36 bulletins for the law enforcement community to assist with investigations and produced 373 data analysis products for the department, city management, and the community.

And whereas all requests were processed while providing real-time investigative support to several major crimes such as homicides, human trafficking, and street racing operations over the past year.

And whereas the CIC significantly contributed this past year to open data projects such as the city's data hub for providing calls for service, arrest, and use of force data, their knowledge and expertise with the department's data helped provide dynamic and informative data, elevating the city's commitment towards fostering transparency and accountability within the community.

And whereas the crime analysis and intelligence cent's unwavering commitment and expertise play a pivotal role in fostering a safer and more resilient temp. Now therefore, I, Corey Woods, mayor of the city of Tempe, Arizona, do hereby declare September 20th, 2025 as National Crime Analysis and Intelligence Day in Tempe, Arizona. Thank you. Thank you. Appreciate it. Thank you. All right. Next up, item 5 A6, natural forensic science, received by also the Temp forensic science team. Come on down.

All right. Good to see you all. All right. So, this proclamation reads, "Whereas the forensic services unit of the city of Tempe Police Department provides vital roles by processing crime scenes and examining and collecting critical evidence and impounding as well as analyzing and entering fingerprints. This unit ensures strong partnerships with investigative teams and forensic laboratories, ensuring communication and trust.

Whereas the forensic uh services unit reopened June 16th, 2025, it has already responded to 125 calls and processed 133 scenes. They have collected 407 latent prints, taken 16,976 photographs while providing coverage 16 hours most days of the week, and being on standby for emergencies.

And whereas the fingerprint specialist provides critical skills and analysis for the department's investigations, ensuring prisoners are identified correctly, criminal histories are accurate, as well as verifying potential applicants, accessing criminal history information for the department. This year, 6,938 prisoner prints were processed. An additional 980 prints were quality controlled for the department, and 439 new palm prints were added to the automated biometric information system.

And whereas the forensic services unit is committed to community engagement through outreach and educational events as well as youth mentorship, this unit inspires future generations and raises public awareness about science and the significance of forensic investigations. And whereas their work not only helps solve crimes, it builds bridges between law enforcement and the community it serves.

Now therefore, I, Corey Woods, mayor of the city of Tempe, Arizona, do hereby declare September 14th through the 20th, 2025 as National Forensic Science Week in Tempe, Arizona. [Applause] Proud of you guys. Thank you. And last up of the uh public proclamations this evening uh we have 2025 fire prevention week. So do I have folks here from Tempe Fire Medical Rescue like to come forward? All right.

So this proclamation reads, "Whereas the city of Tempee is committed to ensuring the safety and security of all those living and visiting the city of Tempe, fire remains a serious public safety concern both locally and nationally, and the presence of lithium ion batteries in many household devices introduces unique fire risks.

And whereas most of the electronics used in homes daily, including smartphones, tablets, laptops, power tools, ebikes, e- scooters, and toys are powered by lithium ion batteries, which if misused, damaged, or improperly charged can overheat, start a fire, or explode. And whereas the National Fire Protection Association reports an increase in battery related fires, underscoring the need for public education on the safe use of lithium ion batteries.

And whereas residents should follow three three key calls, say that three times fast, buy only listed products, charge batteries safely, and recycle them responsibly to prevent battery related fires. And whereas lithium-ion batteries store a large amount of energy in a small space, an improper use, such as overcharging, using off-brand chargers without safety certification, or exposing batteries to damage, can result in fire or explosion.

And the proper disposal and recycling of lithium ion batteries can help prevent environmental hazards and reduce fire risks in the home and community. And whereas City of Tempe Fire Medical Rescue Department members are dedicated to reducing the occurrence of fires through prevention, safety education, and community outreach.

And whereas the 2025 fire prevention week theme, charge into fire safety, lithium ion batteries in your home, serves to remind us of the importance of using, charging, and recycling lithium-ion batteries safely to reduce the risk of fires in homes and communities. Now, therefore, I, Corey Woods, mayor of the city of Tempe, Arizona, do hereby declare October 5th through the 11th, 2025 as 2025 fire prevention week in Tempe, Arizona. [Applause] All right. Thank you. Appreciate it. Absolutely.

Good to see you. Oh actually go ahead here and kind of get reorganized. this. All right, I think we're good here. All right, next up, item 588, serve your city. Tempe boards and commissions. So, Tempey's boards and commissions make important recommendations to the city council about all aspects of our community. You could play a key role in shaping the future of our city. There are 28 boards and commissions.

each connected to a special area of interest such as arts and culture, sustainability, veterans programs, and more. Serving takes only a few hours a month, and it's a great way to meet neighbors who share your interests. Right now, there are 62 openings on 70 on 17 boards and commissions that need to be filled before the end of this year. So, we need your help.

Boards and commissions especially in need of applications include the Aviation Commission, Commission on Disability Concerns, uh let's see, Desert Conservation Commission, Family Justice Commission, Industrial Development Authority, Joint Review Committee, Neighborhood Advisory Commission, particularly for residents living in the 85281, 85282, and 85283 zip codes, Risk Management, Trust Board, Technical Code, Advisory Board of Appeals, and the Veterans Commission.

So, if you're interested, please apply at tempe.gov/getinvolved by Friday, November 14th to be considered for appointment at the December 11th city council meeting. Once again, if you're interested, go to tempe.gov/getinvolved by Friday, November 14th. We're now going to actually play a video featuring board and commission members sharing why they choose to serve in this way.

I love serving on the sustainability and resiliency commission because I can help deliver a sustainable future for all of Tempe. [Music] We're so lucky to have such a beautiful city and uh being able to participate in that process and work with the city staff who are all incredible human beings who do so much work for the city. It's a opportunity to participate in civic life that I really enjoy.

I would definitely recommend serving on a Tempe board or commission to anyone who is interested in getting more involved in their community. We really need diverse voices on these boards and commissions. Whatever your expertise is, whatever your love is, whatever your desire is, I think you should give back. I think that before you leave this earth, you should serve.

And the city of Tempi has all kinds of boards, all kinds of interests, and I'm sure that there is a board that you might be interested in. So, I invite you to serve serve your city. For the record, I am taking her everywhere I go because I think she will get everyone to sign up for a border commission. We will have zero vacancies left by December 11th. All right.

So tonight, the city council will be considering appointments to the commission on disability concerns, family justice commission, historic preservation commission, and human relations commission as outlined on item 7A1 in tonight's agenda. Congratulations to Esther Montenegro, Lzette Rotor, Dr. Shireen Learner, and Madison Mortonson on their appointments. That's the end of my announcements. The next up we have item 5B, city manager reports and announcements. Madam, city manager. Thank you, Mr.

Mayor. No announcements this evening. Thank you. Thank you so much. All right. Well, that moves me then to item number six, public appearances. Before we move into public appearances, I wanted to take a moment to address campaign related activity, especially as we are now in the 2026 election season. City council meetings are open to the public and are a vital forum for civic engagement.

We welcome all individuals, including candidates, to speak on matters of public concern during the public comment portion of the meeting. However, because this is an official city council meeting that is both televised and live streamed using city resources, we ask all candidates, including any current council members, to refrain from electioneering or campaign related activity while participating in the meeting.

That means no discussing your candidacy, asking for votes or signatures, or displaying campaign materials such as signs, t-shirts, or literature while speaking. Thank you for helping us to maintain the integrity and neutrality of our public meetings. Which brings me to item number six. According to the Arizona open meeting law, the city council may only discuss, respond to, or take action on 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 once, and there is a limit of three minutes per speaker.

In the interest of allowing all members of the public to have an opportunity to speak, in the case that there are such a large number of persons intending to speak during the meeting that it may deprive other members of the public from the reasonable opportunity to speak, the mayor may limit each speaker to less than 3 minutes. Speakers present at the podium shall 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.

The city council is prohibited by state law from discussing, responding to, or taking action on matters raised during the call to 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. Individual members of the council may respond to criticism made by speakers. ask staff to review a matter or request a matter be placed on a future agenda.

That being said, I can I will now get into the speakers. Uh the first speaker I have this evening is Mario Martinez. Please come forward, state your name and city of residence. Uh you have three minutes. Good evening. My name is Mario Martinez. I live in Tempe. In the city council meeting scheduled for August 28th, the recent park ordinance was on the agenda.

Mayor Cory Woods conveniently approved the cancellation of this meeting due to alleged threats not disclosed in a timely fashion at the meeting. Magically, since tonight is the first meeting since the park ordinance is off the agenda, suddenly these meetings aren't so dangerous anymore. There is a Tempe investigation about this.

All the city staff, Tempe city staff involved with this investigations are the subordinates of Corey andor his $370,000 per year city manager who recently got a uh received a $50,000 raise. Corey addresses this official as madam city manager. Due to Cory's uh mayoral weakness, this madam city manager metaphorically wears the pants in the city hall.

Corey states that the park ordinance was not intended to discriminate against those who assist the unhoused because there are around 200,000 residents in Tempe. The probability of being subject to legal action under the existing park ordinance is statistically quite low.

One person who is prosecuted under the existing park ordinance who was incidentally helping the unhoused was described by Corey in the cave people tape during one illegal meeting as a prominent member of the cave people who is also Cory's crazy uncle. This one individual had a 100% chance of getting prosecuted under the existing park ordinance and the rest attempting it's practically zero.

Corey, your administration has incessantly targeted those who uh uh uh assisted the unhoused, and you have incessantly weasled on this point. It is indisputable that the public officials who passed and flipped on the park ordinance, including Cory's high dollar madam city manager, were present at the well uh publicized three illegal city hall meetings.

uh their investigative words about the cancellation of the in-person public uh uh council meetings should definitely not be accepted at face value. Corey, you need to tell the truth for a change. Just asking when are you going to tell the truth for a change? I just want to know. Thank you. Yeah, you're not okay. I appreciate it. You really want me to answer that ridiculous question? Come here. Come on. Give me a break.

Well, you know, you could provide us with the uh uh Assistant Chief Swig actually gave an update to everyone watching that meeting about the status of the investigation during the September 2nd council meeting. Do not act like that didn't happen. So, why are you asking me to tell the truth when the assistant chief actually addressed this issue during that September 2nd council meeting? I'm I'm exact asking you to tell the truth on the whole investigation.

We still have not been informed why these meetings were canceled. the timing was very convenient. Your time your time is up and you will find out at the point that the Tempe police want You're the one that's talking to me. I'm just answering you. Your time is up. Well, I know that. Why don't you? What in the world? Next up, Brian Hernandez. Is Brian Hernandez here? Um, he is virtual, Miss Mayor. Oh, yes. Please uh state your name and city of residence. You have three minutes. Hey. Hey.

I don't know how I follow that, but it's uh Brian, her name is I apologize. I don't know how either. I'm just trying to save Shalomar over here. Uh be part of the team. So, uh appreciate you guys giving me an opportunity. Um you know, some of the stuff that I've been hearing has been great. A lot of memories. Um I'm kind of excited about Shalomar 2.0.

And um you know, I think that when you get a nice golf course, well-maintained, a nice restaurant, um nice pro shop, I think it'll be even that much greater for the community to come in. Um a couple bullet points that I wanted to hit on was there is an offer on the table, right? So if you have the majority of of Tempe wanting to keep it a golf course, you have an offer on the table from somebody that wants to buy it and keep it a golf course.

and the owners are obviously going to make a few million dollars or whatever the case may be, right? So, in my eyes, in my opinion, that's a win-winwin for everybody. Now, I don't know how you guys vote. I don't know much about your history or or you know who's quite frankly um you know on on the council, but I just wanted to jump in and and share that the traffic's going to be a nightmare.

Um I don't know if you guys have ever come out here 8 in the morning or 7:30 in the morning and looked at country club. um the one way in and the one way out doesn't make sense. It's going to be a cluster over here. And I just wanted to share that with me with you guys. Sorry, my daughter's giggling at me in the background. Um so, so I just wanted to share that with you guys.

I mean, it's really important for us to we can state how we feel about things and we can share with you uh some of the concerns, but you should come out and take a look and see what you think about the traffic of the people going to school down Country Club and some of those other other uh roads around the area are all going to be affected by that. One way in, one way out is a terrible. I think I mentioned it in an email. It's like putting a Costco on Mill Avenue. Thank you. Appreciate the time.

All right, guys. Thanks. Have a good night. Thank you. You You too. Thank you so much. All right. The next speaker I have this evening is Deborah Zjack. Oh, there she is. Please come forward. State your name and city of residence. You have three minutes. Hi everyone. Um, mayor council. My name is just just a little closer actually. That better? Yes. My name is Deborah Zjac, a North Temp North Tempe resident.

And the reason I'm um want to be here today, I want to talk about our website and recycling. And I regularly go to the city's website. There's I don't always go really um in depth on a lot of issues, but over the last couple years, I did go through there's a listing of the pay plans. If you go under government um human resources, careers, they have the pay plans there.

And going through that, um I noticed that there were some had asterisks like some people had there's nothing listed, there's asterisk, and other ones had a up arrow or plus sign. And as I scrolled down and wanted to see what they meant, I realized that for the asterisk, there was no key. It was left off. And when I called the city about that, I found out that those were due to the council appointments. You guys decide on those salaries and they did make the changes.

So the city did, you know, the staff did respond to that. Um, but what I'm wondering about, and when we talked last time, and I think I have the same list that you came up with, mayor, when we were talking about salaries, because I was surprised you included Glendale, but didn't include Mesa. And that's exactly what is on this.

And what I was wondering is if we could put those things, you know, where there's an asterisk rather than having those items separated out and so the salaries could be listed on those that are council appointed. I did notice that for the um 2526 listing, they did have them grouped as opposed to but an interesting thing they keep saying that this is an alphabetical listing. And if you look at it, it's not it'll go from I have brought my glasses here. It's just not alphabetical.

Custodian, library system, custodian, irrigate. Do you know what I mean? It's just if that's how you want to list it, that's fine. But don't have the heading list that it's alphabetical when it's not. So nothing really consequential, but I really think it should do that rather than because you said it's all public information and it is. I don't think the individual residents of the city need to look.

It should be easily available on the website if you want to be transparent as opposed to having to subscribe to the Arizona Republic to get it. The other thing about recycling, I'm a super I don't know trash person, you know, and I still see people and I talked to um I think it was Chris from the city and she might put it in the Tempe, you know, the thing in your water bill. People are still bagging their recycling. I still see it if I see my neighbors doing it. I go out there. No, no, no, no.

You know, or putting um soft plastic in there. And you know, even it's not just plastic bags. The stuff that's around your paper towels, toilet paper, all that could go into the you know, take it to Target, Walmart, you know, fries, wherever. That's it. I'm going to bring recycling up every time. Thank you. No, I appreciate it. The next speaker I have is Brook St. George. Please come forward. State your name and city of residence. You have three minutes. Hi, my name is Brook St.

George and I live in Tempee. Good evening, mayor and councel. Tonight, I want to talk about how Tempe can walk the walk and not just talk the talk when it comes to supporting older adults in our community. Programs like dementia friendly Tempe and age friendly Tempe sound wonderful on paper, but to truly work, they must be customized to the real people who live here with considerations given by age, language, health status, and neighborhood.

Imagine if every city employee, including the city manager, department heads, council, spent 24 hours as a resident in an assisted living or a skilled nursing facility. No titles, no shortcuts. You'd act immobile, rely on wheelchairs or lifts, eat the meals, wait for someone to come when you push the button for help to use the bathroom. You'd struggle with blindfolds to mimic vision lost here. Ear mush to mimic hearing loss, slippery showers, and tiny phone screens.

That is walking a mile in someone else's shoes. Only then could we come back together and ask, "What daily activities did you discover that you couldn't do? And how do those little things affect the work done here at our city for our older residents?" Technology adds another layer of stress. Many boomers and older generations are forced to navigate all digital systems, typing medical histories on tiny screens, signing legal paperwork in a 10-point font while being rushed into an exam room.

When I was a council assistant, I heard from a South Scottsdale resident who was struggling with Valley Metro's switch from paper to digital passes. The new system was difficult to navigate and confusing to her and her friends and resulted in increased transportation costs on her already very fixed income.

I want to quickly thank transit manager Sam Stevenson who stepped in, met up with her at the Tempe Transportation Center, and helped her regain access to the transit system she relied on for her daily needs. That's what walking the walk looks like, meeting people where they are. Tempeans choose this city because we love its small town atmosphere in the shadow of a big metro area.

We can preserve that friendliness by treating residents of all ages as individuals, not by telling them to just go to this website, text this number, or download this app. Tempy does a good job with programs and facilities for our aging population, but we can do more to effectively communicate with and work alongside these residents. The American Society on Aging offers training and certifications for those willing to learn.

Walking a mile in their shoes is the best teacher, and we can all be students. As we look ahead, I want to thank council members Garid, Keading, and Amber for creating the new subcommittee to update our five-year age friendly Tempe action plan. I hope that this type of hands-on education can be part of that plan. And I look forward to attending your next meeting this coming Tuesday.

I'd like to encourage Tempy residents aed 50 or older to make your opinions known by participating in the age friendly community survey before October 5th available at tempi.gov/ada and remind everyone that agism awareness day is coming up on October 9th. So it's a perfect time for all of us to commit to truly walking the talk for every generation in Tempi. Thank you. Thank you. Quick question, Mr. City Attorney.

Um, I got a text from someone who actually asked if they could speak during public comment right now, but I don't know exactly how that works. I wanted to make sure to get your your take on it before going forward. I think they can. They can. Okay. Not sure about if it's logistically. Okay. Uh, sorry. I'm not sure if it's logistically possible. Okay. Are they in the Let me um let me find it if they're in the uh in the room here.

We were remember we were thanking people who do all the technology before. So this is actually what this helps. So Oh. Oh, they they are. So the um the person in teams is either Robert or Bobby Nichols. Okay. Yes, we see him. And he should be able to unmute himself. Mr. Nichols, can you hear me? Yes, I can. There you go. Okay. Yeah. Please state your name and city of residence. You have three minutes. Great. My name is Bobby Nichols.

I'm a Tempe resident and a former arts and culture commissioner. I am very excited to see that the commissions are getting restaffed and new people are coming in. This is a great way to do civic engagement in Tempee. If you haven't thought about joining a commission before, you absolutely should. It is a very rewarding experience and you're going to meet a lot of interesting people who are very interested in their communities.

As a former arts and culture commissioner, I'm really excited to know that today we're going to be discussing some important arts and culture spaces in Tempe. One of the things that is important to our community is maintaining spaces for individual artists who are a little bit below the uh income level that would allow them to do this full-time to still have a space where they can present their art and show their work and make sure that they're building their communities together.

Uh and on the other side of that is in order to maintain a community where everybody has the opportunity to create in the way they want and express themselves in the way they want, we need to have a city that is affordable for everyone.

And that means having public housing and affordable housing, which is something that I believe the city should be spending its time on and its money on and be uh in a way that actually benefits everybody and allows for everyone to live in this hometown that we've built for everyone. And there's not much more than that. I'm just excited to see that this is going in this direction and I appreciate the time. Thank you so much. Appreciate it. All right, that's all the cards I have this evening.

Is there anyone else in the audience wishing to address the council during item number six, public appearances? If so, please get my attention. All right, seeing none, I will close that portion of the meeting and move on to item number let's see here. Oh, I had I had to take one item out of order this evening before we get to the consent agenda.

Uh, and that actually is item 8C1, which is to hold the second and final public hearing to adopt an ordinance for an amended planned area development overlay for Revalry located at 955 East University Drive to modify development standards related to parking for a new mixeduse development. The applicant is Sender Associates. Let's see here. So, I note that there will be printouts as opposed to slides. Um, first of all, I should ask, are there any additional comments from city staff on this?

Or do council members have any questions about the staff report? No. Okay. This is also a public hearing item. So, I will open up the public testimony portion of the public hearing. If there's anyone in the audience wishing to address the council on item 81, please get my attention now. All right. Seeing that, I will close the public testimony portion of the public hearing. Council members, any comments or discussion? So move.

Uh it's been moved by council member Hajj and seconded by council member Keading. Any further comments or questions? All right. All those uh please vote. I. And that item passes seven to zero. Next up, item number seven, 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 a disclosure form.

The consent agenda this evening is listed as miscellaneous items 7A1 through 7A11, awards of bids and contracts, items 7B1 through 7B11, and resolutions item 7C2 through 7C7 with the following exceptions. Item 7 A2 must be pulled for separate consideration due to council member comments, I believe that was council member Chin. Item 7 A6 must be pulled for separate consideration due to a council member recusal.

Item 7B4 must be pulled for separate consideration to allow for a public speaker request and item 7C1 must be pulled for separate consideration due to my own recusal at which point I will turn the meeting over to Vice Mayor Gara to preside over that item. Once again, any agenda item listed as 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, uh, council members, any agenda items that you'd like to have removed from the consent agenda for separate consideration. All right. So then we're going to go ahead. I'm going to ask for a motion then to approve the consent agenda with the exception once again of items 7 A2, 7 A6, 7B4, and 7C1. It's been moved by council member Heading and seconded by Council Member Adams. Please vote. Yes. And that item passes 7 to zero.

That brings me to item 7 A2 which was pulled by council member Chin which is to approve sponsoring downtown Tempe authorities 2026 open streets tempe event. Council member Chin. Thank you mayor. I just wanted to take a moment and thank a few people for their work on this. This was a project long and coming and I wanted to thank first some community partners.

Lori Foster from downtown Tempy authority, Michael Martin from Tempe Tourism, Cassandra Beavers from the Tempe Chamber, um from the city of Tempee, Mary Kate Nackey, Morgan Kennedy, Shauna Warner, Sue T, Lindseay Post, Shelley Syler, and Eric Single Speed Iverson. Um, that's the bike he rides. Uh, also, uh, Vice Mayor Garid and I spent a lot of time discussing this project with Jack Ketchum and Ryan Guzie.

It was really their brainchild and their idea and it came to fruition and if you attended, I think you saw what a great event it was. uh all ages, really great uh weather and we enjoyed all of the downtown area. We are hoping that it expands and continues and we just want to thank everyone for coming together working on a great project and making it happen. And with that, I'd like to submit it for approval. Second. Okay. It's been moved by Council Member Chin and seconded by Vice Mayor Garland.

Please vote. I. And that item passes 7 to zero. Next up, item 7 A6 is to hold a public hearing to recommend the approval of a series 6 bar liquor license for Castros on Baseline LLC doing business as Castros on Baseline located at 1807 East Baseline Road number 101, Tempe, Arizona 85283. Uh, this was I know Council Member Amber asked for this item to be pulled and she wants to declare a conflict. Do you? Yes, Mr. Mayor. Thank you.

I I am a part owner in this business, so I am declaring a conflict of interest. I'm going to take a little walk out here. Sounds good. She's going to take a walk. All right. Council members, any comments or discussion on item 76? Motion to approve. It's been moved by Council Member Haj. And who was the second over here? Council Oh, Council Member Adams. Thank you, me. Appreciate that. All those in favor, please vote.

I And uh that item passes six to zero with council member Anberg recusing herself. All right. Next up here, item Hey, she's back. Item uh 7B4, which is to approve one-year contract renewals with artistic land management, dusty landscaping, an appropriate name, uh and King's Landscape and Maintenance for the installation of landscaping and irrigation materials for street beautifification and right-of-way landscaping projects for the transportation and sustainability department.

I've got a speaker card here. Uh Miss Dejac, please come forward. State your name and city of residence. You again have three minutes. Deborah Ajac, North Tempe resident. I want to say I don't have any issue. I'm glad all this is happening. I like it all. My thing that I'm concerned about is, you know, I live in that area um where the whole Scottsdale road is being um improved. And I've talked to Eric about this. I mean, the that project's been going on for what, over what, five years now?

Long time. Long time. During COVID, I remember meetings and I've talked to Eric. My real concern were the medians. And I also asked about is there going to be something at Continental and Scottsdale Road that's like right where Scottsdale and Tempe mean? And I was told, are we doing anything? Because on the Scottsdale side there's all kind of there's artwork. There's the sidewalk has is decorated. And I was told no money. I get so mad, man.

No money because I'm like, we've got $480,000 here for various things and we've got this major project on Scottsdale Road and there's no money to do some improvement. So, that's all. I'm happy with what we're doing. I wish there was some money made for that. That's all. Thank you, Miss AJ. Appreciate it. All right. Also, is there anyone else in the in the audience who'd like to address the council on item 74? If so, please get my attention. All right.

Seeing none, I will go ahead and close the public testimony portion of the public hearing. Council members, any comments for city staff or any questions? So move. Okay. It's been moved by council member Haj. Do I have a second? Second. Seconded by council member Keading. Please vote. I. And that item passes seven to zero. Next up, item 7C1, which is an uh let's see, which is an item that I'm going to be recusing myself from.

Uh I have been on the Friendship Village Tempe board for over 10 years, even though I don't have any fiduciary stake and am a total 100% volunteer just for the appearance. I want to make sure that I'm not voting on this item. So, I like council Amber will be taking a walk right now. All right. So we're going to go to 7C1.

It's adopt a resolution approving and authorizing the in issuance of the industrial development authority of the city of Tempe revenue and refunding bonds in an original aggregate principal amount not to exceed 125 million for the benefit of Tempe Life Care Village Incorporated doing business as Friendship Village of Tempe and Arizona Nonprofit Corporation. Uh the mayor has removed that item and he has stepped out of the room and he has recused himself.

So I ask the council members, are there any comments or discussion on this item? So to approve. All right. The item has been moved by council member Keing, second by council member Hodgej. Um we will go ahead and take our vote. Thank you, Council Member um Adams. We go ahead and take our vote. All right, that um item passes seven to zero or six to zero with Mayor Woods recusing himself from this. Thank you very much, Mayor. All right, we'll turn it back over to you. And there you go. Thank you.

Thank you very much, Vice Mayor. Appreciate that. Which means we are now done with the consent agenda this evening, which brings me to item 8, non-consent agenda. All items listed on the non-consent agenda will be considered separately. Agenda items scheduled for introduction and first public hearing will be heard, but will not be voted upon at this meeting. Agenda items 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 the section is 8A1 which is to hold a public hearing for an appeal of the development review commission's decision to approve a use permit to allow a detached two-story accessory dwelling unit. Um yes uh ADU build Harvey residence located at 36 East Cairo drive. The appellant is Dawn Sinclair.

The original applicant is 3C consult contract contracting LLC. Also I should note this is a quasi judicial item. So the city council sits as a quasi judicial body when hearing appeals. In this situation the city council will conduct the public hearing in a similar fashion to that of an appellet court. Preming contact with the city council on quasi judicial matters is prohibited.

Any materials or conversations concerning the item shall only be presented to the city council at the scheduled public hearing. Per the zoning and development code, an appeal shall be limited to the issues raised in the petition. Issues not raised in the petition for an appeal are not considered.

Tonight's public hearing is an appeal of the development review commission's decision to approve a use permit to allow a secondtory accessory dwelling unit for the Harvey residence located at 36 East Cairo Drive. The appeal was filed by Dawn Sinclair. The original applicant is 3C contracting LLC. So I'd now like to ask Don Sinclair to make a presentation. Good evening. My name is Don Sinclair. I'm the appellant. Let's start with the standing issue. Staff says I lack standing.

That I don't have the legal right to be standing up here and talking to you. They say that I can only be agrieved and bring this appeal if I live within 300 ft of the Cairo project. They are wrong. They are wrong on many counts. First of all, there is a legal principle called collateral estoppel that prevents the issue of whether I have standing as to the Cairo ADU based on where I live from being litigated before this council or anywhere else.

And that's because the board of adjustment has already made a decision about that. When the zoning administrator decided to keep you from hearing my appeal as to the height issue, I appealed to the board. The exact same staff who is arguing standing in this case made the exact same argument about the exact same property and used pretty much the exact same language in their presentation to the board as they did in their report to you.

Had the board decided that I lacked standing, the board would have had to have dismissed the matter. They did not do that. They took a vote. That means the board of adjustment decided that I have standing. Pursuant to city ordinance, this council does not have jurisdiction to review or change that decision. That power belongs to the superior court. That's the review of the board of adjustment.

If the city of Tempee disagreed with the board of adjustments decision that I had standing, they should have appealed. The city opted not to appeal to superior court. As a matter of law, collateral estoppel applies. This issue is precluded from being litigated in front of this body or any other body ever. Now, there are lots of other reasons why staff is wrong. First, staff ignored the disjunctive word or in the state statute that they cited.

The statute says a person agreved by a decision of the legislative body or board or a taxpayer within 300 ft can appeal. Not just a taxpayer within 300 ft. Second, the criteria for evaluating a use permit pretty much defines who is agrieved. It's far broader than someone who is just within 300 ft of the proposed use.

The ordinance says that the proposed use must not be detrimental to persons residing or working in the vicinity, to adjacent property, comma, to the neighborhood, comma, or to the public welfare in general. It does not say detrimental to someone within 300 ft. if the proposed use that the DRC approved is detrimental to any one of those persons or groups that person has standing.

Third, one of the factors for determining whether the proposed use is detrimental is whether the use contributes to deterioration of the neighborhood or downgrading of property values. Your ordinance does not define the neighborhood as just the area within 300 ft of the proposed use, nor does it limit the downgrading of property values to properties within 300 ft of the proposed use.

Fourth, staff seems to think that my being half a mile away doesn't qualify me to stand up here and talk to you, but they have no problem using properties half a mile away from the proposed use to justify their recommendations. You can't have it both ways. Half a mile is good or it's not. Even though the Cairo ADU is half a mile away from me, it's in what I and hundreds of others think of as our neighborhood collectively.

When I decided to leave Shalomar a decade ago and move to Broadmore, I didn't say, "Boy, I'm only going to buy a house that's within the Broadmore neighborhood association." For me, and I suspect for most people who are looking to live in the Broadmore, we look in the area between Broadway and Southern and between Mill and Rural. It's what we're calling Greater Broadmore. And what happens in Greater Broadmore affects me and my investments in my house. other people agree with me.

You have copies of all of these in your materials. Now the see if I can make this work. This shows 302 signed appeal petitions. The agenda packet only has 294. A slide for 294 because people came to us after the last meeting and said, "Hey, we heard about this.

We are concerned about this." These people, all of these 302 people who signed this, they live in all areas of greater Broadmore, all but 15 of them live more than 300 ft away from the Cairo ADU, but they all believe the Cairo ADU is in their neighborhood. That's why they signed these. They are worried about this. We are all part of Greater Broadmore.

If you dismiss this for standing, you are telling all of these people that their voices don't matter because the person who brought the appeal lives more than 300 ft away. Should we just throw all these away right now? Do you want to tell the people who came out in the heat to talk to you that they don't matter because I live more than 300 feet away? Now, we do have a substitute appellant if necessary. If you've read the petitions, you know that everyone who signed it said they join the appeal.

That makes them appellants, too. 15 of those people live within 300 ft of the Cairo ADU. Here's a document from one of them, a gentleman named Matt Pat, who is here today, that says that he knows he's an appellant and he's appointing me as his as his representative. So if you think I don't have standing as appellent on my own right, I'm substituting him and I'm up here speaking as his lawyer and making the case for this matter.

Now I've been trying really, really, really hard to understand why community development seems absolutely hellbent on keeping you folks from hearing this. First, the zoning administrator decided with no statutory authority whatsoever that part of my appeal wasn't going to you because he didn't think it had merit. He thought it was moot. Then when I appealed that decision, the staff decided that the board shouldn't hear the appeal of the zoning administrator because I lacked standing.

And now they're coming to you. staff is coming to you and saying, "Don't hear the rest of it either." And I got to tell you, both staff reports sound a lot more like a piece of advocacy than they do city staff making factual presentations. Now, I know I'm limited to 15 minutes, but I would like to request some additional time on that.

To me, it doesn't seem very fair that I lose about what I'm guessing is about a third of my time to argue about why I should have the right to be up here, especially when staff knows they've lost this argument before. There's a real due process concern if you don't allow me to have the full 15 minutes to make my case. So, that said, let me dive into the merits of this appeal. A two-story structure just isn't compatible with the character of Greater Broadmore, and it conflicts with city policy.

Virtually every house in Greater Broadmore is singlestory. That's not it. Okay, here's what Tempee looks like. 78% are single family, singlestory. Greater Broadmore is 96.2% singlestory. New Vista, that's the neighborhood association where the Cairo ADU is located, is 99% singlestory. I do want to make a brief comment about deed restrictions. Um, I know a lot of the neighbors are concerned about the deed restrictions. I understand the city cannot enforce those.

Deed restrictions are a contract between owners in the subdivision. The neighbors in the subdivision can and may well choose to, I don't know, sue the applicant in superior court to enforce the restrictions. But those deed restrictions are nonetheless relevant because they tell you about the intended nature of the neighborhood and the expectations of the people who bought there. The deed restrictions for the subdivision where the Cairo property is located limit all structures to one story.

That tells you that the subdivision clearly was intended to be singlestory. And given that the owners haven't amended the deed restrictions, it appears that they believe that that neighborhood should stay singlestory. Now, the city itself sort of formally defined the character of greater Broadmore as singlestory when it included greater broadmore in the cultural resources area. Okay.

The general plan says that the cultural resources area CRA is a residential area that is culturally significant to the character of the respective neighborhoods. The general plan says the houses are post World War II modern homes. Here's what the CRA looked like in 2003. It did not include all of Broadmore. It included the sections that you can see in pink. It stayed that way in the general plan 10 years later, which tells us that the city intended to protect that area.

This is an area they thought was important. Then in 2023, apparently the city thought that preserving the character of Greater Broadmore was important enough that it added almost all of the rest of Greater Broadmore to the CRA. It doubled the size of the area that we call Greater Broadmore that was encompassed within the the CRA. I understand that that's a zoning concept. I understand that has to do with density, but it does in fact define the nature of the neighborhood.

Temppiece general plan says those are postworld war II homes that are worth protecting. The city reaffirmed that character when it adopted the Alama character plan character area plan in 2016. The city said that the architecture design in the Alama character area plan may be the most homogeneous of any character area in the community. That means that singlestory mid-century home is the rule rather than the exception in greater Broadmore.

City policy goals and objectives which are something that planning the DRC and all of you have to consider when you make your decision. The policy goals and objectives are to preserve the character of neighborhoods. The general plan is city policy and one of the guiding principles of the general plan is open quotes preservation of neighborhood character and tangible pieces of cultural importance. Close quotes. The Alama character area plan is also part of city policy.

And that plan says that preservation of Alama's core midcentury, excuse me, post-war neighborhoods is the central placemaking and planning goal to balance future growth. The general plan and the Alama character area plan are supposed to guide planners and the DRC and you in your analysis and decision making. staff in the DRC seem not to have considered either the CRA or the Alama character area plan with respect to the Cairo ADU.

A second story just does not square with the singlestory character of Greater Broadmore. The Cairo ADU just is not consistent with the general plan's goals and objectives of preserving the character of neighborhoods. This is a singlestory neighborhood. It conflicts with the city's goals and objectives. Now, staff acknowledge that all but one house in the immediate adjacent area, the New Vista Neighborhood Association, is singlestory.

Notwithstanding that they think I shouldn't be here because I live more I live a half a mile away from the Cairo ADU. They expanded their comparables area to a half a mile and thus found 16 more two-story houses to bolster their conclusion that a two-story ADU in the new Vista Neighborhood Association was fine. But none of those 16 can be considered precedents for a Cairo twostory.

And the reason is that for 13 of those 16, the criteria that was then in effect, the criteria that had to be considered when those projects were done are different than what you have to consider. And that is, bear with me, four of those 13 were built before the city created the cultural resources area or adopted the Alama character area plan. Obviously, you didn't have to think about it because they didn't exist. Eight of the 13 are in presidential estates.

Presidential estates is not part of a CRA. So, that's not a consideration. One house, the one on college, is currently in the CRA, but it was not in the cultural resources area back in when that addition was approved. For the other three, staff didn't evaluate the proposals because those owners just decided they weren't going to get use permits. Those aren't really fair comparisons because we don't know what the city would have done. We don't know that the city didn't approve them basically.

So bottom line is for these 16 staff in the DRC and the then sitting council didn't have to consider the city's policy and goals of protecting the character of the CRA or the alamter character area because those areas simply didn't exist. But city policy says you need to consider them now.

Staff also concluded that the Cairo second story is okay because the ADU will be at the back of the property and there's an alley behind it and there will only be small windows rather than uh big ones looking out at the neighbors. Just because a second story is at the back of the property or there's an alley behind it doesn't make it compatible with the neighborhood. It's still two stories. The neighborhood isn't. There's no way around it.

Second stories change the essential character of Greater Broadmore. Changing the essential character of Greater Broadmore is not consistent with the city's goals and it is not does not support the general plan. Staff is also wrong when it comes to property values. Now the owner in his application only discussed the impact of the ADU as a whole and only on his property. Staff only discussed the impact on assessed value, i.e. property tax revenue.

Neither of those things is the full measure of property value. When homeowners think of property value, they think of what they can sell their houses for. I'm pretty sure when you're thinking about what your house is worth, you're not thinking in terms of its assessed value. and how much tax revenue it's going to kick off. You're thinking about what you're going to be able to sell it for. Lots of people want to live in Greater Broadmore because of its post World War II singlestory character.

Not so much if they've got a two-story in front of them, behind them, on either side of them. Prices go down, houses take longer to sell, both of which have real life financial consequences for homeowners. All in all, the second story harms the property values of the 302 people, 303 including me, who oppose a second story and everyone else who lives in Greater Broadmore. Let's look at some of the other relevant approval criteria. New Vista is now heavily rentals.

There are up to five or six cars per rental. That means more traffic on college, on rural, on mill. Those are streets used by everybody in greater Broadmore. There's lots of street parking on both sides of the street. So, the streets are effectively one way. That endangers kids, and it makes it really difficult for fire and police to respond. They're speeding messy properties, loud parties.

Twostory ADUs make those problems worse because they're increasing density even more, and they're putting a lot of stress on 60 plus year old sewer and water lines. Now, staff says you shouldn't consider traffic and parking because you can't regulate parking for ADUs. We're not asking you to regulate parking. We're asking you to consider the impact of greater density on traffic and parking, which is something the ordinance requires that you do.

Now, the applicant says this is just a single bedroom. There's no real impact on parking or traffic or noise. But as staff acknowledges, those lots could be converted to two bedrooms. That means the owner would add windows that look out onto neighbors yards. It means more of these nuisances. All in all, the second story doesn't meet the approval criteria in the ordinances.

It is detrimental to the people living in Greater Broadmore, the in the vicinity of the ADU and to Greater Broadmore as a neighborhood. need to get me back online. And just note, you've got four more minutes. So, and that was from the when you started the actual presentation. So, okay. This is a note that one of the petition signers attached to the petition when when it was given to me. Shouldn't the people approving these projects be fired?

This reflects the frustration of a good number of the people who signed the petition. They've been hearing the city talk about the goals and policies of preserving the character of neighborhoods for over 20 years and can't understand how this thing is ever getting approved. Now, there's an alternative that meets everybody's needs and wants. The entire second story as proposed is two lofts intended totally for storage. 1,610 cubic feet of storage space.

The alternative that meets everybody's requirements is a bigger footprint. There's room for up to 7 feet towards the alley, up to three feet towards the house that meets required setbacks. They could do a height of 15 feet to match the neighborhood. Leave the center part open as it is currently designed. That gives them 2,128 cubic feet of storage space in addition to the living space. This is what that would look like.

Okay, this picture shows what a top ridge line of 15 ft would look like the proposal that we are making as opposed to 18 ft. This is why it's win-win. The owner lose not loses nothing but some space in his backyard. The neighbors win because the character of the neighborhood doesn't change. They don't need to worry about somebody, you know, popping windows in there and converting those lofts. The city gains the same one unit of additional housing and has the same assessed value. Everybody wins.

Um, the city has made preserving greater Broadmore and other culturally significant neighborhoods a policy. When you ran for office, each and every one of you said you supported preserving Tempee's unique neighborhoods. Mayor Woods, until Monday, the priorities section of your page on the city website said you would be working tirelessly to improve community development standards to attract business investment and protect neighborhoods. That's not there anymore. That's no longer on your website.

I hope that doesn't mean you're no longer prioritizing neighborhoods. Councilwoman Chin, I read an interview in 2008 where you talked about the importance of neighborhoods and why you were willing to pay more money to live in Tempe. We hope you still feel that way. Councilwoman Hajj, you recently responded to questions about an issue in another unique neighborhood saying you will not support any project that is not supported by the community and neighborhood.

That should apply to Greater Broadmore as well. The city of Phoenix recently faced the same issue, an oversized ADU that was not compatible with the neighborhood. Phoenix listened to the neighbors and they voted unanimously not to approve the ADU. We are asking that you do the same. Look at the approval criteria. Listen to the neighbors. Listen to all those people who took the time to sign these and who are here tonight. Many of them are here tonight.

grant the appeal and deny the permit for a second story. Thank you for your consideration and attention. You got it. Thank you. Appreciate it. Um, Mr. City Attorney, I've got a question, actually, a couple of questions, but I know we've got the uh applicants representative coming up to make a presentation as well, but I one of the questions I can I think I can ask out here. The other question, frankly, might require an executive session.

Quite honestly, what I'm a little confused about in this situation is so I know that there was a law that was passed by the state legislature and signed into law by the governor regarding uh accessory dwelling units. And I know it basically required that uh it allowed for someone to have one attached ADU and one detached ADU on their property.

I don't remember it sort of distinguishing between a one-story ADU or a two-story and and and here's why I'm bringing this up because what I'm confused about a little bit is see I know we're we're talking about a use permit process this evening that we're kind of going through but I even sometimes frankly question whether or not the use permit process is applicable given the given current state law.

Now, granted, you may not be able to opine on that and I we may have to go into executive session, but I just wanted to kind of put that out there because this is, you know, kind of the second quasi judicial hearing we've had with this sort of same subject matter. And so, I'm just a little bit confused about how our current practices line up with what state law was and clearly what the intention of the legislature was. Uh, thank you, mayor. Yes, you are correct.

The state law, which is ARS9461.18, if you're uh keeping score, um is uh does entitle a uh single family residents to one attached as well as one detached uh ad ADU as a what they call a matter of right or as a permissive use. The language in the state statute as a permissive use that means uh under the state statute that uh the city can't approve a use permit requirement.

So, um it does bring it just to the second story issue, but um the the city would need to make sure that this um particular uh homeowner was able to as a matter of right have one ADU detached and one ADU attached qu and I don't know if you can actually answer this question, but I know Miss Sinclair talked about collected the stoppple. Can you define that just in without, you know, getting into giving legal advice, just a legal definition of what that actually means?

cuz I'm not aware of that term. I can address that. Yes. Um first, I don't recall the board of adjustment making any determination. I did attend that hearing. I don't recall that board of adjustment making any determination as to whether she had standing or not. Um regardless, um the board of adjustment actually upheld the uh zoning administrator's decision in that case.

uh Miss Sinclair could have but did not appeal that to the superior court uh as she could have which means that because there was no appeal and there there was no reason for the city to appeal because the decision was to uphold the board of adjustment there wouldn't be a collateral stop application in this case regardless. So okay sounds good that actually answers my question. Um anyone else before we go to the applicants repres uh thank you Mr.

Mayor Eric, again, I'm not much sure what the rules are in terms of e session, and you can answer this question, but Miss Cler referred to some of the folks that had signed that petition that they had joined her appeal. Is that something that they can do legally? Uh, council member, mayor, council member Amberg, in my opinion, no. Uh, looking at the zoning and development code, it does require that an appeal be filed within, I believe, 14 days.

and I'll look to Ryan um for this particular uh at any longest would be 30 days but I believe it's 14. So appeal time is lapsed. Um there's been nothing filed with the city uh as anyone other as appellent other than uh Miss Sinclair. So uh as far as I'm concerned that's the appellant that you would be examining for standing. Okay. Okay. Sounds good. Uh anyone else on council before we go to the next portion of the hearing? Okay.

Um, let me see then if the applicant's representative Tim Linklater from 3C uh Contracting would like to make a presentation as well. Thank you, honorable council members and and mayor. Can you lift the microphone up a little bit extra? Okay. Thank you, uh, distinguished and honorable council members and mayor. Um, I'm not a lawyer as the previous uh speaker was, so I will do my best to be as clear and concise as possible.

Um, our approach in standing for this matter does begin with the state's decision to allow ADUs in residential zoning districts where municipalities had 74 75,000 or more um people living and residing in that municipality. And we also are aware of the recent decision, I believe it was by the zoning uh review uh I don't know if it was the DRC to in to remove the special use requirement for the B the 15T build height for those ADUs.

And so there's a lot of criteria that I can present here on this specific application, but a couple of the facts that I would like to point out to you are that we are falling within those guidelines. Um, this build height of 18 feet falls under the now allowable 30 foot build height for this particular type of structure. Um, if we were to remove these lofts out of this the design, the exterior structure wouldn't change in any way, shape or form. Um, it is only at 18 ft.

So, it is only 13 ft above the previous limitation of uh build height on this type of structure. And uh I just want to present a few data points that I feel are important. Um my client, the owner of the home at 36 East Cairo, has a son that's already residing in the home and he's been living there obviously with his parents. Uh he grew up there and this occupancy, this this structure would be built for him to reside there.

A lot of the in recent inflation and the rental rates that have increased have made it hard for younger single single individuals to obtain uh places to reside and so they decided that it would be uh a worthy investment to build this structure to allow their son to reside there. No future or or additional occupants will be added to the neighborhood. There won't be any additional vehicles that are added.

there won't be any additional traffic uh for the then other than those that already live at the property.

Um I am aware of the other case that was on college that did not go through for the uh two-story ADU and I was here present to hear some of the the case that was presented for that meeting and I I am aware that there are five structures around that particular area which is directly across from the appellants residence that are of a second story that are are two-story structures including one that's right next door to her residence on college um which is just south of her residence which is a very large full height two-story structure that's within the the greater Broadmore area as she explained um around our neighborhood that the planning review has put together some uh information around our neighborhood that I believe there are a handful of additional two-story structures and I know that she referenced some of those.

I don't have the history on all of those, but I I don't believe that we are setting a precedence uh for building two-story structures in the neighborhood and um the design of the home, just so you're aware, the architectural finish will match the main home's exterior. We went to great lengths to try to eliminate privacy concerns. There really isn't a second story inside the structure.

There are two loft areas that are above a firstf floor room and above the first floor restroom that are going to be used for storage. There isn't a second floor that somebody can stand on with visible windows. There are no privacy concerns to the neighbors around this property. Um again, as I mentioned previously, the 18t build height that's in the plans is well under the 30 foot build height limitation. I also live in the neighborhood. I live across the street from 36 East Cairo. Okay.

So, I'm I'm also in the neighborhood and I'm part of the community. Uh, as I mentioned, if the loft was removed, it wouldn't change the exterior features of the build. And that is the presentation that we have. Great. Thank you so much. Uh, anyone up here any questions? All right. Hearing none. Okay. Sounds good. We'll call you back up at the end. So, thank you. All right. I'm now going to open up the uh public testimony portion of the public hearing on this item.

And once again, I'm going to uh take folks in the order in which I received the cards. So, the first speaker I have this evening is Elizabeth Stewart. Oh, and she's virtual. Yes. Miss Stewart, can you hear me? Yes, I can hear you. Can you hear me? Yes. Please state your name and city of residence. You have three minutes. Thank you. Mayor Woods, member of the council, my name is Elizabeth Stewart. I live about a fourth a mile away from the applicant.

This is about preserving the symmetry and character of the new Vista neighborhood. At the core of that character is the uniformity and compatibility of the one-story single family residences mandated by the deed restrictions. The staff report dismisses the deed restriction by stating that the city is not responsible enforcing deed restrictions.

There's a big difference between enforcing the deed restriction in court and considering the one-story restriction in determining such factors as compatibility with existing surrounding structures, deterioration of the neighborhood, and downgrading of property values. The one-story restriction established the original character of the neighborhood and set the standards for compatibility with the surrounding properties for the purpose of maintaining property values.

The one-story restriction has been respected by the homeowners for over 65 years. As a consequence, there are no twostory houses or ADUs within a fourth mile radius of the applicant. The city's refusal to consider deed restrictions is not a neutral position. It conveys a message that deed restrictions don't matter.

It assists, enables, and encourage applicants to disregard them and disadvantages the surrounding homeowners by disrupting the status quo of the neighborhood and it destroys the primary defining character of the neighborhood. This directly leads to the deterioration of the neighborhood and degrades property values. Denying the appeal will lead to the proliferation of two-story ADUs in New Vista.

The city will then use this and other two-story ADUs in New Vista as comparables in nearby areas of Brentwood Cavalier and Broadmore which will destroy the one-story single family character of the entire greater Broadmore area. What the city should do, I believe, in the future, is as part of their application for a permit, they should ask the applicant if they have checked their title to see whether or not it has a deed restriction.

And if it does, they should suggest that they might want to consult with an attorney before they proceed. A lot of these problems could be avoided by those simple questions. And as far as the uh applicant saying that nothing would change if the second story was removed, well, a lot could change. It would prevent a twotory in the future. I'm I'm sorry. That's time. I'm sorry. Thank you. Okay. The next speaker I have is Jack Serret or Surret. Please come forward.

State your name and city of residence. You have three minutes. My name is Jack Serret. I'm here this evening to address the uh council on behalf of Baldo um Bessich who was he he asked me he couldn't make it because he was here for the last time that got cancelled had a a uh business mute trip he had to go on. So, I'm going to read his his speech in so it's it's not not my voice is. All right. Good evening.

My name is Baldo Bessich and I serve as president of the new Vista Neighborhood Association. I'm here to urge you to overturn the approval of the two-story ADU at 36 East Cairo. I've walked our streets and talked to neighbors so that I could share their overwhelming message. Over 50% of the homeowners signed a petition opposing this decision. We're not against ADUs. We support one-story ADUs, but two-story structure is different.

It would set a precedent that damages the character and charm of our singlestory neighborhood, compromise privacy with or without windows, and it would be a disruption to the current aesthetic and hurt property values. This is also about honoring the history and integrity of our community. Our neighborhood is designated cultural resource area and deed restrictions limit dwellings to single story. My family has deep roots here.

I have purchased my home from my great aunt and uncle, original owners in Tempee. My wife and I are raising our three children here. I graduated from Tempe High and my wife from Corona Delaw. We believe in Tempe and will not join the greater migration of young families to Gilbert. According to this two-story ADU directly undermines the city's own character area plan for the Alama area.

The plan calls for celebrating neighborhood identity and promoting historic and cultural resources and maintaining authentic character of post-war singlestory subdivisions, promoting preservation of existing building structures and flood irrigated post-war neighborhoods, protecting Tempe's history as the foundation for authentic placemaking. A two-story ADU does the opposite. It erodess the oasis in the desert and the city in the garden identity.

The plan highlights it diminishes our views, increases congestion, and accelerates investor-driven rentals that bring more cars, noise, trash, and strain on our neighborhood. Please do not approve a violation of our land rights. This is about whether Tempe will follow its own vision and protect the neighborhoods it promised to preserve in the 2050 general plan. Please stand with us in keeping those promises. Thank you. Thank you. The next speaker I have is Kathy Nolton. Please come forward.

State your name and city of residence. You have three minutes. Hi, I'm Kathy Nolton. I'm from Tempe, Arizona. Um, unfortunately Jack didn't have a chance to tell you about this street. This is our street. This is what it looks like with rentals. You know, one lane you can get through. There's a rental right across from my house. There are six cars. Now, maybe the fact that this particular twostory ADU is just going to have the one person, I don't buy it.

This is going to open up a door for all those investors to come in and to get more rentals. Now, if they can get six in the house across from mine, how many do you think they're going to get in a twostory? Well, I just want you to know this is making our neighborhood very difficult to live in. I think there is a privacy issue. I've had two friends in the past that have had to sell their houses because their neighbors decided they wanted two stories.

So, it happens and I sure don't want it to happen to me. And as I was talking to people on Cairo, because I was I was getting petitions, one of the people said to me, you know, you're making me think because I have two young daughters. So, you know, be very careful about opening the door for this. You know, it is setting it will set a precedence. And um once that happens, I think we're going to see big changes in our neighborhood.

And right now, our neighborhood, the whole area, about 50% are invested investors. They're not families. They're investors. And they're going to see how many they can get in to a twostory ADU. And then our streets are going to look worse than these. So, am I concerned about a two-story ADU? You bet I am. You know, I cannot believe that the committee that looked at this did not take into account the deed restrictions. I can't believe that they fought to keep us from coming to you to discuss this.

I really do not want to see this continue and get worse because it will and I hope that you will take that into consideration. Thank you. Thank you, Mr. Anderson. Before I go to the next person, am I allowed to ask a question about the deed restriction issue that's been raised by a few of the speakers? Is that something you're able to opine on here or does that have to be in executive session?

Uh, mayor, if you'd like, I can I can just give it the cities generally doesn't can enforce the private deed restrictions. So, from a city's uh perspective, uh those deed restrictions, they may be enforceable, they may be not. We we just simply don't know. We don't have that in front of us and we don't have the authority to enforce them.

So that uh my opinion would be it wouldn't preclude further enforcement of them if there was uh to that but that would be a matter that would be resolved in the superior court rather than the city council chambers. So Okay, sounds good. Thank you. All right, the next speaker I have is Michael Zamora. Please come forward. State your name and city of residence. You have three minutes. Thank you. My name is Mike Zamora. I live in Tempe near the Cairo project and I'm here to support the appeal.

The overall Tempe housing supply isn't about Nimbi, not in my backyard versus Yimi, yes, in my backyard. It is about responsible urban planning and urban growth where density is located at key locations where transportations and amenity infrastructure exist. This enables the city's diverse demographics of single people, young couples, families, and empty nesters to live in communities which fit their needs and their desires.

It is about turning the It isn't about turning the whole city into one homogeneous urban jungle. It is about respecting what has made Tempe a desirable place to live while also allowing it to grow and flourish. Isn't that the reason each of you decided to move and live in Tempe many years ago? Isn't that the reason you decided to serve on the city council to help benefit your citizens, your constituents, and the reason you'll probably choose to run for reelection?

Isn't that the reason why the city staff has chosen to live in Tempe? why they chose a planning career and why they decided to work for the city of Tempee and continue to work for the city of Tempee. Tempe is one of the original cities in the valley. It has flourished over time because it has grown wisely and has respected its origins, its roots, its heritage. Shouldn't you do the same now? Place density and height where it'll do the most good.

that is on the main arteries and the various vacant and adaptive reuse tracks of land. Not in historic singlestory, single family cultural resource area neighborhoods which you have all helped establish and endorsed in the 2050 general plan which was derived from the 2030 and the 2040 general plan. Please don't place height and density where it doesn't exist and where it will harm the character and desiraability of a neighborhood and the community.

I urge you to vote to support the appeal and vacate the use permits. Thank you very much. Thank you. The next speaker I have is Steve BS. Please come forward. State your name and city of residence. You have three minutes. Good evening. My name is Steve BS. I live in Tempe. I live in the the subject neighborhood. My great-grandmother was born in Tempe in 1883. Her parents and grandparents were good friends of our founder Charles Hayden.

I would like to speak to something that is important to all of us and that is building our sense of community. I think that there's three things that we look at here when we're talking about um a building project. We need to have the right zoning. We need to have the the right um safety compliance with the building code. And the land needs to permit it. Now, the city is regulating two of those. They're not regulating the other.

I should clarify that the legislative act I think there was some confusion from the applicant's presentation that um that legislation was directed specifically at cities. So it's only addressing the zoning and and the building code. It does not address the land. The land restrictions are still there. Now we keep hearing about the city doesn't enforce the land restrictions. Okay, that's right. But the city has a lot to do with the building of the sense of community.

So let's take a look at the path that the city is on right now where you ignore the the the land restrictions and so somebody gets a valid build permit, they build it, it goes up two stories, the fellow land owners feel harmed, they they have to rise up together and they have to sue their fellow neighbor. They have to go to court. and you now have anger and hatred. And then the judge reads the deed restriction and asks the project owner, "You didn't know you had these restrictions. I'm sorry.

You have to tear down the second story. Now there's a huge financial loss. This this is this is a a a wonderful building project gone disaster. We have we have everybody unhappy and hating each other. How about if we flip it around? Others have recommended. What if we just did a slight amendment to our process, the city, when the project application comes in, you're not regulating the the land.

You're just taking a peak, look at it first and say with what they're proposing to do, does the land permit it? And at that point, you see that it doesn't. Then you advise the applicant, your land doesn't permit this, or at least it's our opinion. Would you please come back with an amended proposal that will satisfy your land? then they can do their job and and it keeps the neighborhood in harmony because we don't end up where because you don't help in this process.

We end up with neighbors fighting neighbors. I respectfully ask that you um vacate the permit for this project for these reasons and also that you amend the process for building permit applications. Thank you. Thank you. The next speaker I have is Shirley BS. Please come forward. State your name and city of residence. You have three minutes. My name is Shirley BS and I live in Tempi.

After monthsl long search of the valley, my husband and I chose to purchase our home in the new Vista Mach 8 neighborhood exactly 40 years ago this week. How has the community evolved over that period? To know where a community is heading, it is useful to look back at where we have been. During our first 10 years here, lots of children were in the neighborhood having fun together after school. Nearly all the homes were owner occupied. Neighbors knew and helped each other.

There was a sense of belonging and a feeling of community. It was strong. I could knock on just about any door and the neighbor would answer. The street had an inviting look, pretty much void of parked cars. Over the past 30 years, things have changed a lot. We have almost no children on our street. Bedrooms are filled with rent paying adults rather than children. Consequently, we have streets lined with parked cars down both sides, no longer sustaining two-way traffic.

The new Vista neighborhood overall is about 50% rentals. Now, people living in the rentals are generally not interested in getting acquainted with neighbors. If I knock on a door now, only about 20% would answer. We see and feel a substantial loss of the sense of community. This decline seems to be accelerating. We need your help in strengthening our cultural resource area and preserving the unique spirit of Tempe that has attracted people to want to make Tempe their home.

I respectfully ask that you vacate the two-story building permit. Thank you. The next speaker I have is Kimberly Winston. Please state your name and city of residence. You have three minutes. Hi, my name is Kimberly Winston. I live in Tempe. Uh I'm a professor of real estate at a local university, but tonight I'm here as a private citizen and resident of the New Vista neighborhood. I'd like to express my opposition to the construction of a twostory ADU at 36 East Cairo Drive.

By approving the two-story ADU, the property owner along with the city are circumventing the contractual arrangement the property owner has with other property owners in the subdivision as per the deed restrictions the property is subject to and are disrupting the social cohesion of the neighborhood. Now, sections three and four of the deed restrictions that cover 36 East Cairo drive specifically for refer to outuildings on the property.

In section three, the deed restrictions specifically say that an outbuilding can be built, but no such quarter shall be rented or used for income purposes. These buildings will be limited to two rooms in a bath. Section four specifies that no struct structures shall be erected, altered, placed, or permitted to remain on any of said lots other than one detached single family dwelling, garage, and out building not to exceed one story in height.

These restrictions run with the property regardless of ownership and constitute an agreement between individual property owners and the surrounding property owners in the subdivision. Properties in the neighborhood, including 36 East Cairo Drive, are and were purchased subject to these to these restrictions. I purchased my property subject to these restrictions, and I expect my neighbors to abide by them.

Furthermore, the ADU law confirms that existing deed restrictions on 36 Kairo East Cairo drive supersede the right to build a two-story ADU by stating, and I quote, "This section does not prohibit restrictive covenants concerning accessory dwelling units entered into between private parties." Now, by passing zoning laws that contradict restrictions of public record, the city is really upending social cohesion by pitting neighbor against neighbor as is the case here.

That's all I have to say tonight. So, thank you for your time. Thank you very much. Appreciate it. Before I get to the last speaker, Mr. Anderson, one other question here regarding the the deed restrictions. Do your understanding. Do the deed restrictions that are in place, and I know you say the city doesn't enforce those, but are the deed restrictions in place, do those trump state law in some way, shape, or form?

Because I do know as an example with um the ADU law didn't apply to areas that are, you know, governed by a homeowners association or HOA is is so they were basically exempted from that statewide law. Do the deed restrictions play that kind of role in this situation even though these are neighborhoods that are not governed by HOA of basically kind of trumping that state law because there was some other kind of land use restriction already in place.

Uh mayor yes this the speaker is correct that the uh statute that we spoken of does have a uh recogni I would I may not use the term trump but it does have an exception that preserves that there are restrictive covenants. uh it's just an issue of what those mean and whether they're enforcable and and issues like that that would be resolved between private parties.

It doesn't change the fact that it gets resolved in superior court not necessarily in the C but it if they are truly applicable restrictions then they would be recognized under the state law. So okay thank you. Uh the last speaker I have here uh is Joan Faith. Please come forward. State your name and city of residence. You have three minutes. Thank you. Good evening. My name is Joan Faith. I'm a real estate broker here in Tempe. I live in Tempe, Arizona.

I've had my real estate license for 29 and a half years. So I think I have a little bit of knowledge in what goes on with the real estate and the property values here. Tonight I'm here to speak to you about regulations and the impact to our neighborhood sales and values and the quality of life. As far as property values are concerned, other cities are concerned as well.

I have a small snippet from the Durango Color newspaper that said real estate values will come down and they're talking about the additional dwelling unit. They will not go up. People do not like and will not pay high prices for being cramped together. They may be short-term benefits if the proposal now before the council is adopted, but in the long term, the overuse of utilities, lack of parking, increased noise, more garbage cans overcrowding etc.

will most likely lower real estate values and the stability of the neighborhood. Personally, at my home, every night, my Cox Communications internet drops at exactly 8:00. Every single night, when I talked to the Cox technician about this, he said it's due to the high volume of people working from home and the overwhelming need for internet internet services. So, every night I get up, I reset my internet box. If I'm not home, I cannot reset it. My internet is down and so are my security cameras.

So now it's a safety issue. Okay. I purchased my home as many of you have knowing I am protected from twostory homes looking down into my backyard. Now the city of Tempe and the investors are trying to take away our privacy in our backyards. I did not sign up for a two-story rental unit looking down in my backyard while my grandchildren are playing back there. I don't think that's what any of us had purchased our homes hoping for.

We must keep our neighborhoods a family neighborhood and not just another ASU dorm. These are our homes. This is where we leave. We live and we can't allow that to happen. So, thank you for your time. Thank you. I appreciate it. Thank you. Appreciate it. All right. That's all the speaker cards I have this evening on that item. Is there anyone else in the audience wishing to address the council on this item? If so, please get my attention. Okay.

Seeing none, I'll close the public testimony portion of the public hearing. Um, this once again puts me in a very interesting situation because uh I'm not allowed to make motions, but I actually do have a question that I absolutely know is of a legal nature. Um, so I'm curious if anyone on the council would frankly humor me by helping me to adjourn into executive session so I could ask this question. Okay, it's been moved by council Hajj, seconded by Vice Mayor Garland.

Uh all those in favor uh well please say I. I. Any opposed? All right. So we are going to go into executive session and we'll be right back. This will be quick be back here with all of you. So uh I'm going to go ahead and reconvene this meeting at 8:17 p.m. Uh the public testimony portion was already closed. Um I'm going to I'm going to go through this process here though. We have two more things.

Uh does so Don Sinclair who was the appellent uh does is she have any further commentary or any kind of a summary statement or are you okay with what you presented? I'll give you a little bit. Okay. [Laughter] I've never seen a microphone. Just to clarify a couple of matters. you were asking about the overlay of state law with the ordinances. So essentially, as I understand and I I think as Mr.

Anderson has said before, state law precludes you from doing anything with respect to an ADU that you do not do with a single family home. Which means that your ordinances say that a single family home requires a use permit for a second story. That means a use permit for a second story on an ADU is allowable. And everybody seems to think that this is a twotory. Nobody has said, "Hey, a use permit is not required." The planners have said this is a twotory.

Um certainly the zoning administrator thinks it's a a two-story. If he didn't, he probably would have pulled the appeal on on the twotory part of of my appeal. Um talking about collateral estoppel as a legal doctrine it means that an issue was fully and fairly litigated as between the same parties and a final decision was rendered. So in this case, we had before the board of adjustment an opportunity both the city the planner and I had an opportunity to fairly and fully litigate our positions.

We are the same parties to the issue that has been presented to you. Now the board of adjustment necessarily made a decision about standing. Okay? If they had decided I didn't have standing, they would have dismissed the appeal of the zoning administrator's decision because if I don't have standing, they don't have a party. They don't have a controversy. They don't have a matter in controversy.

So the minute they decided to vote on my appeal, they are saying we believe that there are two people here, two parties who don't agree. They have a matter in controversy and we are going to vote on that. We believe these people are properly before us because if I wasn't properly there, they would never have voted. Consequently, full and fair opportunity to litigate as between the same parties to the issue that is before you. And it has been already decided by the board.

That's why I'm saying the board decided it. The city decided not to appeal the standing part. Ergo, I am properly before you now because the board of adjustment has made that decision for you. um the the deed restriction issue, deed restrictions. You guys can't enforce deed restrictions. We all know that. Um the relevance of those deed restrictions is that you guys have to make a decision about whether or not a second story is compatible with the neighborhood.

If it's not, it's detrimental to the neighborhood. Those are the criteria. All the deed restrictions do is give you an idea of what the character of the neighborhood is that you're evaluating the second story against. And in this case, the character of the neighborhood according to the deed restrictions is single story. So the deed restrictions can inform your decision even if you cannot enforce them.

They're only enforcable as between the parties in a civil suit and I don't know what the neighbors will would do in this case. Um I hadn't heard anything from the applicant about why our suggested alternative wouldn't work. They can certainly do a single story and I hadn't heard anything about no that won't work. You could deny, you could grant the appeal, deny the permit, and they can go ahead and fill their entire backyard with an ADU. As someone said, we're not anti-ADU.

If someone wants to, like I said, fill their entire backyard with an ADU, have at it. As long as it's singlestory, because that's what my neighborhood is about. That's what our neighborhood is about. Um, I think that's all I have. Thank you. Thank you. All right. Let me next then go to see uh if the representants representative uh Tim if you have any follow-up comments or if you're good. All good. Okay. All right. That brings us then to council comments or discussion.

So on my end here, um, and I kind of alluded to this when we first started talking about it. Here's sort of my challenge in this whole situation. I'm looking for some kind of definitive statement about what is sort of the superseding doctrine that we have to follow as a city council.

And from my perspective, so on one hand, I completely understand the resident's concerns about neighborhood character and property value and thing of things of that nature and saying we're not against ADUs specifically. We're just against twotory ADUs that we think don't fit the character of the neighborhood. I totally totally understand that and I can actually understand and really respect that that that argument.

The central issue I still have though is sort of my understanding and I'm not an attorney myself, but I but my understanding of the state law that was passed and what direction that gave to Arizona's 91 cities and towns regarding what we were allowed to use uh as criteria to either approve or deny. My understanding of that law was basically, as we talked about before, Mr.

Anderson about, you know, one one attached ADU, one detached ADU, and that cities had very few tools to actually restrict a homeowner as long as they were living on the property from the ability to do exactly what we just talked about. And so that's where I'm personally having my conflict.

I I I hear what the neighbors are saying and obviously to the point of 303 people who've signed that petition who are clearly concerned about this, but I'm concerned about making sure that whatever decision we make is actually in compliance with state law. So from my perspective once again, you know, I can't make I can't make any motions due to Robert's rules of order, but I'm going to put this out there just like I did before we went into executive session.

My preference would be to continue the case uh to a to a a date certain so the residents know exactly when we're going to be coming back. Not continuing it without a date.

So you're kind of just sort of left in limbo to wonder when we're going to consider this again, but frankly to continue this case so I can actually ask or so we can actually ask the zoning administrator for a definitive opinion on sort of how we do things in the city of Tempe and how we have for so long, but sort of how that actually plays with state law to make sure that whatever decision we make, it's one that we know will stand that we're not going.

Now granted, I understand this is America and people could appeal one side or the other regardless of what actually happens, no matter how definitive the decision is or the opinion is, but I would like to have something that really is truly definitive about what we are allowed to do as a council. And so that's why my preference would be to continue this two a date certain to make sure that I can get a further opinion from the zoning administrator about what we should be doing.

So that's that's that's my statement, but once again, I don't have the ability to make motions. So, I will now open up things to my colleagues to see what their comments are or if there's a motion for something. Uh, council, vice oh. Oh, I was just going to make I was just going to make some comments. Um, you know, it's it's interesting when these things come before us. The thing that, um, I instantly start to think about is if I was living in that neighborhood, what would that be like for me?

um if I was the person who was applying for this ADU, what would it feel like to me um in that position? And I always think um that you know the best thing you want is to raise your your your family in a neighborhood where people get along and you have great neighbors and you can go ask for a cup of sugar.

Although you said 20% might open the door and say yes, but you know, just even having that 20% I it's nice to be able to have that type of community um or have a feeling of that type of community in your neighborhood. Uh the last time we heard an issue like this, I stated almost exactly the same thing.

If I was the person who applied for this and there were 3003 or 304 people in my neighborhood that said they are not happy with this, I would change my mind in a heartbeat because if I'm trying to build a life and want to live in that community, um it would be really hard for me to continue to live in that community and feel like I really belonged if 304 people that live around me were not happy with what I was doing, you know.

And one of the things I think somebody said something earlier that I think about also is, you know, it getting a second opinion or figuring out how this all works is probably the right thing because I don't like the idea of pitting neighbors against neighbors. It should never have to be like that. Um, and the last thing is that's something I think about all the time is, you know, just because you can build it or somebody comes back with an opinion says that you can build it, should you build it?

should you build that in the neighborhood when you have when there's possibly possibility to have other options. So, um I'm just going to kind of just leave it there. I just I I just have to think and try to put myself in the place of the neighbors living around it and try to put myself in the place of the person who's appealing and I would be thinking about this a lot different if I were one of them. Thanks. Thank you. Thank you very much, Council Hamburg. Yes. Thank you. Uh Mr.

Mayor, you know, Vice Mayor, I I absolutely agree with you that if I were in the position of the person that's actually applying for this permit, I would I over 300 uh of my neighbors telling me that they're not super excited about what I'm doing. I I just don't in my heart think that I could do it. But having said that, you know, I take my role sitting up here and it this judicial role, I take it very seriously. I'm the newest person on council.

You know, I joke like we've never had these quasi judicial things before I before I came on council. Now they seem to be like every other month. Um so thank you for that. Uh but this decision to me it's not based on this project. It's not based on my heart. What my heart is telling me. I am absolutely sympathized with every single person that signed that petition with every single person that got up here and spoke against it.

But I've got to listen to our lawyers because that's what I was elected to do. And I absolutely feel strongly that we've got to look at this from a legal standpoint because that is what we're being asked sitting up here as a council. And as such, I mean, I hate to say this, but I just do not I've listened to, you know, Miss Sinclair. I've listened to our attorneys. And when you say city staff, I'm not talking about the community development department.

I'm talking about the city attorney's office. And having listened to them, I just do not feel like Miss Sinclair has the legal right to appeal this case. And having said that, I'm going to make the uh motion to deny the appeal. Okay. It's been moved by council member Amberg to deny the appeal. Is there a second? Second. It's been seconded by counciling. All right. Uh any further comments or questions from council? All right.

Um before we vote, uh I'm just going to quickly explain my vote on this. Um the reason why and I totally respect everything that council member Amberg said and I really thought it was very very well stated. Um I'm going to vote no on this only because my thing is I really want to get that opinion from the zoning administrator and we may be able to get it anyway even if this does pass. But that's my only reason to sort of my my request for sort of more time.

But at the same time I respect what council said. I thought it was very well stated. So um but that just wanted to explain why I'll be voting no. So, anyone else? Mayor, I just want to Yes, please. I just want to be clear. We we can get that opinion regardless, right? I want to make sure before I vote uh that is the case. Mayor, council member uh Keing. Yeah, the zoning administrator under the state law as well as the city code is empowered to interpret the zoning code.

So, um periodically there are opinions issued and that's kind of the daily function is to interpret and apply the zoning codes. So, um, we, uh, zoning administrator certainly can issue a formal opinion which would then go through potentially a board of adjustment process after that. Thank you very much. Okay. Thank you.

So the motion basically on the floor from council member Amberg was based on what's in front of me right here for our quasi judicial hearing is to deny the appeal of the DRC's decision find which is to find in favor of the DRC and the original applicant and effectively approve the use permit which would allow the project to move forward. Council is that correct or okay um all right uh any other comments or questions? So a yes vote will deny the appeal of DRC. Okay. Anyone else? All right.

hearing then. Uh, please vote. Oh, no. No. Randy, yep. So, Council Member Amber, uh, did the motion and Council Keing did the second to deny the appeal. So, okay, please vote. Uh, Council Member Adams, nay. Okay. So, that motion fails 5 to two. uh with council member Amberg and council member uh Keading dissenting. All right. So, moving forward, uh is there a different motion on the table? Mayor, I'll make a motion to support the appeal. Okay. So, I'll second. Okay.

is the move is to approve the appeal of the DRC's decision which is to find in favor of the appellant uh and effectively deny the use permit which would prevent the development project from moving forward without further changes to the site plan. Well, mayor uh so I would say it's been moved by Vice Mayor Garwood, seconded by council council.

Um, I guess I have I don't want to go back to e session, but I have a legal question about if we deny the appeal and the zoning administrator says you're not legally allowed to do that, then what happens? Mr. Anderson, I'll look to you. Do we have to go back and talk? Uh, that's a a difficult question um because there would still potentially be other legal proceedings. So, if if the appeal were denied, we'd have to take a look at that. I'm not sure I can answer that question.

I apologize for right now. So if the vote to deny the appeal fails, can we still continue it in lie of clarification of our legal powers here? Council member Kee, if I think if I understand a question, if you voted to deny the appeal, um then you would be uh granting the the DRC granted the use permit. So yeah, if you denied the appeal, then the use permit would be granted and it would be somewhat moot. Right. Right.

What what I meant to say was if if we if we vote down the approval of the appeal, can we then still continue it to get the clarification that we're seeking to prevent future legal troubles that we may walk right into? Uh, Mayor Woods, Council Member Keing, in that scenario, my recommendation be that you continue as the mayor suggested.

Um, because that if you want the clarification to affect this appeal, it would be better to continue this and then direct the zoning administrator to issue a formal opinion and and then come back, have the council come back after that. So, I I know the answers to these questions. I'm saying them so the public, you know. So then there is a motion to approve the appeal. So I cannot make a motion to continue it to seek further legal clarification. Is that correct?

Uh mayor, council member, technically I believe, if I'm correct here, now Mr. Anderson always tells me privately I should have been a lawyer. So we're going to we're going to see how much this actually applies here, but technically a continuence motion would actually supersede the approved. Correct. That's correct, Mayor.

both a alternative motion or motion would and I sorry about I'm just following Robert's rules so just want to make sure I didn't know that Vice Mayor Garland has not kicked me under the table here so oh come on okay so the motion has been made to continue um by by council member Keing and the second was by council member Hajj any further comments or questions on that item all right Uh then the motion is so so once again I'm going to read this just to make sure and actually let me ask you Mr.

City attorney the option here is to continue the case to a future date certain. So do we need a future date certain right now? Uh mayor I my recommendation I think is to continue it until after the zoning administrator opinion is resolved.

uh because that will take some time and I'm not sure that we could we we might have a problem that uh if we select a date certain that doesn't give enough time for the zoning administrator to do a full evaluation issue an opinion and then there would be rights to appeal that to the board of adjustments. So my recommended motion would be to uh continue it until uh the proceedings res regarding the formal zoning administrator opinion are resolved. Okay. So I just make a new motion. Yeah.

All right. I'll do it. May I move we continue this item until the zoning administrator has time to render an opinion on our legal authorities on this case. I second it. Actually, I think it was already sec. Okay. Seconded by Sorry. Okay. Oh, no. It's okay. It's It was a new It was a new motion. So, it was moved by Council Member Keing and seconded by Council Member Adams. Uh any further comments or questions on that on that motion? Okay. All those in favor uh please vote. Yes.

And that motion passes 7 to zero. Okay. So, we will as soon just for the uh residents who are here, we will get the opinion from the zoning administrator and then we will make sure to communicate back to you when when it's coming back. So, okay. Mayor. Yes. Council, she's trying to get Oh, yes. I'm sorry. seems to be um can you come to the microphone for a second because it might end up being a question for our city attorney, but but go for it. It's not really a question.

It's a favor to ask you guys, all of you, when you set the date for this. Could I have the ability to file a motion to continue if necessary? Here's what's been happening is I have a lot of travel planned. I am only a part-time lawyer. And what happened last time is it got set, the hearing got set for a day that I was going to be out of country. And I was told there was no way to continue it, that I would have to appear from out of country.

And to do a presentation on teams when you can't see somebody from out of country is difficult. I was told that there is no mechanism for a motion to continue. Let me is a con scheduling concern for me. Let me look to I guess our city attorney and maybe Mr. Tammy Levich about what how would we accommodate her concern. Uh mayor, we are uh going to be going through probably some proceedings.

Um certainly the community development department since it's not continued to a date certain can coordinate scheduling um if the council prefers and I don't but I'll let community developments speak for themselves. In the case of the the one is because there's some some statutory time or code timelines that uh fell in line with the summer break that the July 1st meeting was or the July meeting was kind of to get something done within a required time frame.

But uh we won't be on that same clock at this. So perhaps I could just do it this way. Is it possible for me to give you the dates that I'm not available and we could perhaps schedule when if you'd like to chat with either Mr. Tammy Levage or Mr. Bake they can they can chat with you about that. So thank you very much. Wonderful. Thank you. Appreciate it. Okay. All right.

Next up here, item 8 A2, which is to request a development plan review for a new 26-story mixeduse development consisting of 373 dwelling units and commercial uses on 67 acres for 16 East University located at 16 East University Drive. The applicant is Sender Associates Chartered. Miss Sender is in the audience in case there's any questions from council. Uh so council, any questions or comments for either Miss Sender or for members of staff? No, no, no. Okay. All right.

Um, I also do not have any speaker cards on this item. Um, but is there anyone in the audience wishing to address the council on item 882? All right. Seeing none, that'll close that portion of the hearing. Uh, given that there's no uh comments or conversation, I can look for a motion on item 82. It's been moved by Council Member Haj and seconded by Council Member Keating. Please vote. Council Adams I. And that item passes 7 to zero.

Next item under the section is 8A3 which is to approve a contract increase with Paul's Ace Hardware, Ferguson Enterprises, Boss Lighting, and Granger for the purchase of maintenance, repair, and operations equipment and parts. Council members, any comments or discussion? Motion to approve. They do a great job. All right, it's been moved by council member Adams. Do I have a second? Second. Seconded by council member Keading. Please vote. I. And that item passes seven to zero.

The next item under the section is 8A4, which is to approve the utilization of one-year state of Arizona contracts with Fishial Company, Greybar Electric Incorporated, Level 7 Technologies LLC doing business as Aspen Technologies, Premise1 Incorporated, Teltech Networks Incorporated, and Corporate Technology Solutions LLC for data and telecommunications, cabling, fiber optic installation, and repair services in city buildings and streets in alignment with the capital improvement plans for traffic, sewer, and water projects.

It's been moved by council member Keating and seconded by council member Hajj. Please vote. Council member Adams. I. And that item passes 7 to zero. The next item under the section is 85, which is to approve the utilization of a one-year state of Arizona cooperative contract with Motorola Solutions Incorporated for two-way radios, parts, and related related repair and maintenance services for the city's public safety uh radio systems. Council members, any comments to approve?

It's been moved by council member Adams. Do I have a second? Seconded by council member Hajj. Please vote. Yes. And that item passes 7 to zero. The next item under the section is 8A6, which is to approve a two-year contract renewal with Worldwide Technology LLC and ITP Consulting Incorporated doing business as IT partners for Huelet Packard Enterprise Computers, servers, and related enterprise products and services. Council members, any comments or discussion?

It's been moved by council member Keig and seconded by council member Hajj. Please vote. I. And that item passes 7 to zero. The next item under the section is 8A7 which is to approve the utilization of a source well cooperative contract with E1 Incorporated for the purchase of five engine pumper apparatus for the Tempe Fire Medical Rescue Department. Council it's been moved by council member Adams and seconded by council member Amber. Hi. And that uh council chin.

Oh, and that item passes seven to zero. The next item under the section is 8A88, which is to adopt a resolution authorizing the mayor to sign an intergovernmental agreement with the regional public transportation authority for the lease of the East Valley bus operations and maintenance facility, otherwise known as Eve Bomb. Council members, any comments or discuss? Motion. Motion to approve. It's been moved by Vice Mayor Garland and seconded by Council Member Adams. Please vote. I.

And that item passes 7 to zero. The last item under the section is 8A9, which is to award a construction contract to AJP Electric Incorporated for project number 6007081B, bicycle and pedestrian improvements, Kyne Road, Roosevelt Street, Farmer Avenue. Motion to approve. Been moved by council member Keig and seconded by council member Hajj. Please vote I. And that item passes 7 to zero. So the next section on the non-consent agenda is ordinances and items for introduction and first hearing.

The items under the section will be read and introduced tonight, but no substantive votes will be taken. The second hearing and votes are scheduled for October 16th, 2025. The first item under the section is 8B1, which is to introduce and hold the first public hearing to adopt an ordinance for a zoning map amendment from CSS to MU4 for approximately 14 acres for Dell Plaza mixed use located at 3,400 South Mill Avenue. The applicant is Gamage and Burnham PLC. Uh Montel, good seeing you.

Great to see you, mayor, members of the council. For your record, Montel, Law Firm of Gamage and Burnham, my city of residence is Tempe. Um I'm just going to go through this quickly. Um hopefully won't last long. Um I am here on behalf of Desert Biking Development and Guina affiliated developers. As you know, this is just the beginning of the Denell Plaza process. We've been certainly working with you and your staff last couple of years.

We have a development agreement done and our first step, next step is to reszone the property. This shows the subject site. It's not all the property, but the property that we have development rights for. and something to her. But no more Jason. My thing went away. Anyway, but oh, there it is. So, um, just quickly, the site is zoned CS. Anyway, the site is zone CSS. Fine. I can do it manual. Yeah, site is zone CSS, which as you know allows for retail services and shopping.

As you know, as we've worked closely with the city, we want to put residential there to allow some affordable housing, market rate, mixed use housing. So, we are reszoning the site to MU4, which is consistent with the general plan, density, and residential. Okay.

Anyway, so as you know, the general plan that was approved by the city um and the voters have up to 45 dwelling units an acre, which is kind of where we're looking at in the future where our request was really just to do the zoning just to reszone to MU4 so we can start talking about to some of our partners about doing residential. But our first part is we'll talk about the shared vision for Denell Plaza.

As you know, we've been working on a joint city and development agreement to deliver the workforce attainable housing at Denell Plaza have public open space, cultural preservation, and creative spaces. You know, it's important to us to preserve the site's historic role in the Tempe and Music Arts community. Spend a lot of time with the local artists and the Tempe Music and Arts Coalition. Yak tap room or an entertainment venue will be preserved.

These are some slides that kind of show you what we're trying to do in terms of you have open space. Our first plan is to kind of work on the retail that's along southern where Yucka is. Do a little bit of adaptive reuse. That's something we can start as we start working through some other things. Well, some public art as well. So, open space features just to give you a sense we made available to the public. We're going to have shaded areas. We're just going to support a greener Tempe.

We'll have sustainable infrastructure. I know the vice mayor is very supportive of a lot of sustainability and we we will have community benefits that will be enforced by restrictive covenants. You know, as I said at the DRC and I've said all along, this is just the beginning of the process. Our next step is to have community meetings, talk to the public and talk to the community, the greater community, both the arts community and the neighborhoods about what they'd like to see.

But I think everybody agrees that we want to start seeing some more retail, some activation, some open space. So, with that, happy to answer any questions. Sounds good. Thank you so much. Uh, council, any comments or questions for Miss Vos? Uh, Vice Mayor, I just want to say one thing that every time this comes before me, I'm going to probably say the same thing, but I I appreciate all the work that's gone into this. It's been a long time with lots of people involved. So, thank you so much.

Um, and I but I want to make sure that when the decisions that we make that we continue to make sure we think about the arts culture, of course, the music and and the art culture that that is there that has been a part of that for a really long time. that has been continuing to grow. It's spectacular. I was telling somebody earlier today that um my best friend started doing bike art um with used bike parts and they she got a show.

She put something in there at Dell Plaza and now she's um at an art show in in Mesa. So, it's great. It's amazing what this has been able to foster and foster for people moving forward. So, um I just want to say thank you so much for bringing this. I'm glad we're taking this first step to move forward. Great. Well, thank you. Thank you, uh Council Kitty. Thank you, Mayor.

Yeah, I just wanted to, you know, I guess echo council member or vice mayor Garland's comments as far as I know you're engaging with the community and you'll continue to do so as this finally comes to fruition after we've talked about ever since I've been here probably since Corey first took office uh 2008 I believe it was.

So, you know, I'm very glad that something is happening and that we're doing it kind of, you know, in an inclusive way that we're making sure that we're including the voices that that this space is so important to. And just on a personal note, I think it looks great, these renderings. I mean, this is this is pretty cool stuff. So, um I'm looking forward to continuing the conversation and and whatever project comes to fruition, having the buyin of the larger community. Yeah. Thank you.

Yeah, I think working in phases is something that that works well that we can just start the zoning. Um as I said at the DRC, just so everybody understands, we can start the retail and certainly some of these open space areas, but without having MU4, we couldn't do any residential.

we were having just in this market, you know, we were reaching out to different developers, different residential developers and without having some sort of knowing that the city wants real residential there and reszoning, you know. So, we appreciate your the opportunity to kind of try to get some residential here. I I agree. I think it's I think it's a very smart approach because it kind of shows like what what is transitioning to, right?

Like what what we're improving the space right away before we start building out different projects on it. So I think it's a a very smart way to go about it. Good. Thank you, council Hajj. Thank you. Um great presentation. Um growing up on Priest and Southern that's my neighborhood. So Yucka Tap Room was right there. I saw Denell Plaza almost every day before I actually they went right up Southern to go down Mill to actually go to my high school every day.

So not only did I pass it for four years straight going to school every day, it's just been a part of my life. I like the fact that we are including all spaces in there, not the neighborhoods, the you know, we're not losing the whole enrichment of what Denell Plaza is.

And I honestly believe that no matter what is in there, I think Yucka Tapum was like the base of it and it's will continue on to be that base because that's what a lot of people remember who we live in that neighborhood is in that neighborhood. That's something that everybody um relates even if they went there or not went there, they know that's a major part of it.

So I am just excited like as every of my colleagues say I'm excited to see the next adventures and keeping you know just thinking about that but I want to just put a shot out there. So when the arts program come back make sure that we add Tempih High and Mcccleintoch High School for some of their to get arts in there in a younger batch of things too. Our youth art should be included in there also. Oh yeah that's a great idea. Thank you. Thank you Mr. Mayor. Yes. Council Adams. Yes. Thank you.

Uh yeah, I'm I'm really excited about this project and I love it that we're going to include arts and music uh to it and the AC tap room and so I just I'm I'm uh very excited and supportive and I appreciate uh Miss Vase uh really working with people and seeing what they want and taking their time and doing things in faces. I mean that's really what we are about in Tempe.

listening to the neighborhoods, listen to the folks, and uh so I'm I'm very pleased with the the direction that we're going in this. Thank you very much. Thank you. Anyone else? Yeah, council. Yes. Thank you, Mr. Mayor. Um I absolutely agree with everything that everybody said, but I also want to uh thank the members of the community. Uh they have been incredibly helpful and incredibly vocal on what they want and what they don't want here.

and looking at the pictures at some of the community meetings that have already been held. I mean, there are just a lot of a lot of people that show up, which is not normal. So, keep up the good work, but helpful. That's very helpful. Yeah. Thank you. Uh I've got some com, but I'll wait until after everyone's done. So, excellent. Thank you so much. Appreciate it. Thanks. All right. Let me go ahead and open this public uh testimony portion up of this public hearing. Um let's see.

I'm going to start once again in the order in which I received the cards. First one is from Dion Romero. Please come forward. State your name and city of residence. You have three minutes. Last time we saw each other, there was a large historic home being moved down the street together. So, good evening, Mayor Woods, uh, and council members. My name is Dion Romero. I am a resident of the city of Tempee.

Uh I am a local historian and I am a member of numerous historical groups across the greater Phoenix metro area. I am here to speak on item 8B1, the zoning map amendment for Danielle Plaza and its transition from commercial or potential transition from commercial shopping to mixeduse high density. In a city evolving as quickly as Tempee, Daniel Plaza should serve as a reminder that local character matters just as much as economic growth.

For years, this unassuming commercial strip has served as a canvas for local expression, a refuge for artists, musicians, and a symbol of communitydriven identity. As Tempe continues to expand, spaces like this are at risk of being overlooked or erased. Mixeduse zoning can work and work well when properly planned and integrated. However, when used as a speculative tool, it tends to undermine the very local character cities like Tempe claim they want to protect.

I want to ask the council to consider the consequences of this ordinance, specifically the potential displacement of small businesses in favor of national trains and other fashionable marketefficient uses. This replaces the gritty community-made charm for modernist redeveloped glass and steel boxes that appeal to outside developers and not locals. Preserving and investing in Danielle Plaza isn't just about saving old buildings.

It's about honoring the soul of a city that has always made room for ex the experimental and the diverse. Danielle Plaza deserves to be recognized not only for what it has been, but for what it continues to be, a living, breathing part of Tempee's identity. Thank you very much. Thank you so much. Appreciate it. The next speaker I have this evening is Rob Moore. Please come forward. State your name and city of residence. You have three minutes.

It's always difficult to speak after such an eloquent speaker um comes before you. Um uh Rob Moore, Tempe, Arizona, Mayor and Council. It goes without saying that at this point um that the redevelopment of Dell Plaza offers a special opportunity for Tempee if done thoughtfully and effectively engages the community within the process.

As the voters have already approved the requested land use and density within 2050 general plan, it's not much of a mystery that the result will likely pass in October. At the same time, this is a significant step for the neighborhood and it's the first highdensity mixeduse designation along southern a the Southern Avenue corridor.

So how this project is facilitated and its result will have a major impact on how the public supports future redevelopment of neighborhood commercial centers across the city as we enter into new chapter of incorporating density into our suburban fabric.

Uh with this in mind, I hope you will encourage the development team to share how they intend to take on the special responsibility uh but also look inward on how the city of Tempe can use this project as a mean to enhance its own redevelopment methods, practices, and process as we continue to evolve as a community and explore new development solutions for Tempe for Tempee's future um that build with our local small business and cultural scenes. Thank you.

Um and just one more note since I have a little time. Um Darlene mentioned the bike show which is which is really great. Um and I I also want to uh reference uh um Desert Viking is here tonight, one of the developers and um they were the ones who actually provided that space for take for us to take advantage of that opportunity and as part of an activation program for the plaza. Um and I would take that as a good indicator of of uh the type of engagement we've had so far.

we have a long way to go, but I wanted to give him credit too for for that engagement with the community to make that possible. So, thank you. Thank you, Mr. Moore. Really quick thing to Mr. uh uh Mills, I should say this too about Rob.

Um just for a lot of folks in here know him, you know, he was the person who kind of started up a lot of the kind of arts and culture activation at Denell Plaza, which has now been continued by uh Jacqueline and Haley and Keelin, who are kind of continuing that, and I've attended shows when both of them have been running it. So, I really appreciate even before the project has come forward, there's a level of activation that our community obviously loves.

Uh, and I've gone to several of the shows and many times there are well over a hundred people there who are really enjoying themselves. So, I wanted to thank you for your work in getting that going. And also, um, Niels, I don't know if I you you don't mind coming up for one quick second.

Sorry to kind of call you out, but I know one of the things that the first couple of speakers mentioned was regarding, you know, kind of a commitment to local businesses and not sort of corporate chains and things of that nature. And just if you wanted to introduce yourself and kind of talk about some of the businesses that you've been involved with. Sure. Uh, thank you, mayor, and uh, council. Microphone a little bit. Oh, the table will come up too, actually. That's handy.

Well, and and and I'll Well, don't leave me for modulo. I have the same issue. So, um I I was going to say just and before you even start, even to uh Mr. Moore's point, you know, clearly this kind of project has the ability to set some kind of a precedent for how we're going to handle um mixeduse development that's obviously further south of Apache or further south of downtown. And one of the reasons why I'm very comfortable going forward with this is because of your involvement in this project.

I know you yourself, Mr. Gwina, but can you talk a little bit about your background and kind of credentials and what you've been involved with? Uh uh Mr. Mayor and city council, I'd be happy to. I appreciate the opportunity to speak today. Um yeah, we're very proud of uh being involved in this project. We see a lot of passion uh throughout the community. Uh we had a uh a neighborhood meeting not too long ago. I think there was over 50 people that showed up and and uh quite a few spoke.

Um as far as my background as owner of Desert Viking Development, um we kind of have a niche in the market. Uh we we started 28 years ago or so. Um it's all blur, but um we in in all those years that uh I don't think I've done any other uh type of tenant than than mom and pop businesses. It's all local driven. And that was my passion when I started the business uh in 97.

And uh and I started in downtown Chandler when that uh area had been boarded up for over 30 years um except for maybe three or four businesses. And you know, I don't know if anybody's been down there recently, but it's uh it's fully occupied. It's all local um businesses.

Um, and it's a it's it was a neat journey because there I I didn't own it all and we talked to our neighbors, we worked with our neighbors, we set a direction that we all bought into and everybody's honored that over the years and I think that, you know, it sets a a a precedence for for what we can do in in Denell Plaza.

We certainly recognize the history and the community involvement, the arts, the music, um, and and the the the passion that the neighborhood has for for seeing something special go into that center. And, uh, and I I I tend to, uh, I will work hard to honor that. I will work hard to uh with with Eric uh the co-developer on this and and make sure that we we bring something forward in the hopefully near uh near future. We'll that will present more details of what we can develop on that site.

But we you know the the idea is to to drive home uh local businesses and to support the arts and to have open space to have event space and so on. Um and then also to to uh to honor the request to to have some low-income housing and affordable attainable housing and so on. So um it has been a lot of public meetings uh throughout this process. It started with an RFP before I got involved. Then it was an RFQ that I got involved in.

Then a development uh agreement process that was, you know, brought in front of council again and a whole bunch of other steps along the way. So, we've had a lot of opportunities to be in front of um the community and get input and and suggestions and so on and that's going to continue. We we'll have a lot more dialogue going forward. Thank you. Appreciate that. Thank you. Great. Next speaker and thank you for indulging me because he is the next speaker here.

Uh Philip Gates, please come forward. State your name and city of residence. You have three minutes. So glad you raised that. Uh good evening, Mr. Mayor. Uh members of the council. Um for the record, my name is Philip Yates and I am the president for the Neighborhood Association of Riverside. I am cautiously optimistic about moving forward with this project. I'm not sure exactly what it means to have the uh affordable housing in the area.

I would like to hear more about that um before the next meeting when we actually make the uh decision as to whether to make this a mixeduse for uh because I would think that um we could probably do some amendments to the CSS that it is already now.

I'm not sure if we would have to go to the um the zoning administrator or who we would have to go to in the city of Tempe to find out some of the answers to those questions, but um I would like to see more from the uh applicant about the uh affordable housing that has been proposed for the area.

uh we really didn't in the uh meeting in um July discuss what those were, what the uh what those restrictions were going to be, how much the uh apartments would would be if they were to be approved and and built. U and so for that reason, I think that uh you know, we all deserve to know exactly what's going to go in. Um, so far as uh the arts go and the music scene goes, yucka tap room and everything else is there now.

Um, I would love to see that all be preserved and uh hopefully with this that can be uh and again going back to the MU4 and having some amendments done to that. I think that that would um it would keep it from winding up being and this has happened before uh sometime in the future uh that it be not done and then sold to somebody else and utilized with the MU4 uh and uh hopefully you know with some kind of an amendment we could avoid that.

Uh, and with that, I'll I'll close unless anybody has any questions for me. Thank you for your time. Sounds good. No, thank you. Appreciate it. Next speaker I have this evening is Joel Stern. Please come forward. State your name and city of residence. You have three minutes. Good evening, mayor and council. Uh, my name is Joel Stern. I live in Tempee. I am the chair of the Dramadary Neighborhood Association and the vice chair of the neighborhood advisory commission.

Uh if you're not familiar with Dramaderry, we are the closest northern neighborhood to Denell Plaza. So um I have uh an immense uh uh you know love for Denell Plaza. It is my neighborhood and this project I believe moving forward will be transformative for that neighborhood and all the neighborhoods that are in that area.

This could literally change you know not only you know how we we are perceived come you know my my big thing is as long as I've lived in Tempe Denell Plaza has been a wasteland. The only bright spot is what Rob Moore has been doing, the Yucket Tap room, uh, now the the TAMC. Um, they're doing great great things. I truly believe that that character will stay, but we desperately need the affordable housing piece. We need a we need it to be a different space.

And my biggest hope is that this is the kickstarter to the Makers District, right? This is something that you guys have have put in place, but this could absolutely be like kind of a crowning jewel. You know, we already have Tempe Town Lake in the north. This can be, you know, another crowning jewel for Tempe and then also create more art spaces um you know, more restaurants in that that area. Um I'm holy wholly excited about this project.

I believe in the vision that Rodney and Neil's and Eric have. Um I've been part of numerous meetings. Um the the ASU uh students that put put kind of a plan together. It is amazing. So again, thank you. Thank you uh for for anybody that's supporting it tonight. I didn't even hear what that was. Thank you, Mr. Star. appreciate it. Oh. All right. The uh last speaker I have on my uh card this evening is Tristan Hayne. Is Tristan Hayne here? Oh, I'm sorry. Come on forward. My apologies. Okay.

Please state your name and city of residence. You have three minutes. Uh, my name is Tristan. Live in Tempee. Um, there's like so many of them. Thank you, Miss Bos. Oh, thanks. Um, so I have hung out with the mayor a bit at Rocket Space before and clearly everyone here and in the past meetings has made it super clear how important Dan Plaza is in a very deep deep way. I can't even really articulate how important it is to me to all of you with words.

Um, but like the mayor was saying earlier, the events there are just amazing and I hope all of you will spend some time in your busy schedules to check out some of the events, especially in the beginning of November, so that each of you can really feel how important and special it is as well. Um, and I think within the community, a little bit of what I hear is like maybe this group of people is like a little bit hesitant to change or they just don't want things to be different.

And I just think that when there's something so special and after watching the environment in Tempe change, when you're like a pedestrian on rural, you can hardly see the sky anymore. And when I moved here in 2018, it was like very different in that area. So, it's changing in a very rapid pace. And I don't I think that all of us don't want to see Denel Plaza be these huge giganto skyscrapers one day.

And one of my dear family friends actually shared a story with me the other day that she used to frequent Danel Plaza in the 70s and how much she enjoyed her time there. And I was so excited to just hear this like personal story about someone who's at Dan Plaza. But the second thing I thought is when I'm older, is it just going to be this like huge place where like 5,000 people live and high density? High density.

I don't know anything about any of this stuff, but I do know how important the space is and like I said, how rapidly everything is changing. So hopefully you guys will come to some events and check it out and see how special it is because it really is. And if in like 25 years or whatever, I heard that's kind of like the timing for this. I don't think it's really going to take 25 years, but if it does, I'll be like 50.

So I really hope that it's not a bunch of skyscrapers and stuff because I'll cry my eyes out. And it's a very very special place. I'm not as well spoken as some of my peers at Deno Plaza, but the way I feel about it is so so special and I hope that I can show that in many many many years from now. So, bye-bye. Thanks. Thank you. You actually spoke very well. We only laughed because you we're glad you'll be 50, but you made all of us feel very old. That was all it was. So, but thank you.

You're great. Uh the next speaker I have in the queue is Jack and Swan, who I know is online. Hello. Can you hear me? Yes. Can you please state your name and city of residence? You have three minutes. My name is Jacqueline Spawn. My city of residence is Tempe, Arizona. Good evening, mayor and council. Thank you for your service and consideration. I'm an advocate that volunteers as both president of TAMY and chair of the Tempe Art and Culture Commission.

I've been a patron at Denal for many, many years, but in recently helped found Tamy, which aims to support cultural incubation hubs in Tempe with a goal of creating paid opportunities and make low barrier of entry inclusive environments where emerging artists can mix and mingle with seasoned professionals to learn and grow. We've started our mission at the iconic Rocket Space Gallery. Our space acts as a bridge where all people can find fun, thought-provoking conversations and connections.

Since we began our programming in June, we've hosted four art exhibitions, 34 events, displaying 657 works of temporary art across three locations featuring 329 artists and 61 performers, which much with much more planned through the end of the year. Our collection of work from the summer is valued at over $297,558, bringing immense cultural wealth um to the pockets of artists and performers.

We have welcomed over 2,700 visitors since June 13th and spending related to our events has contributed over $94,000 to the local economy u as well as about 3100 in local taxes. Uh we've launched our first music festival and art walk as part of Tempe Noise Takeover, but I believe our true impact was best described by Bruce Boyd, a participating artist. My show at Rocker Space Gallery was life-changing.

It is impossible for an independent, unrepresented, small artist like myself to get into galleries and to have Tamy set up the show was a blessing. Finally, I was able to show all my work in a large space. During the art opening, I met people I never would have had a chance to even get an audience with, including some Harvey hitters uh in the Phoenix art community. I suddenly had hundreds of eyes on my work and tons of interest in my story.

I went from virtually unknown artists to someone who now has no less than four upcoming gallery shows in Arizona and one in Colorado. The value of this experience at Rocket Space Gallery has been phenomenal. None of these accomplishments would have been possible without the support we've been given by the community. Robert Moore, Mayor Woods, City Staff, Desert Viking, Ericina, or the beautiful artists and musicians that have trusted us to be good stewards of their work and performances.

We are enabled and empowered by the applicants for reasonzoning to see success and quickly. The vision for Denell Plaza is one that I support. The project includes cultural amenities for the general public, affordable housing, room for new businesses, hopefully a fully functioning art gallery, and more public art than we have today.

This is a special project, and I'm confident it can be amazing, contribute to tremendously temp cultural renaissance, and I encourage the council to approve the application for resoning when the time comes. Thank you very much. Thank you. All right, that's all the cards I have this evening. Uh, yes, Mr. Palmer, please come forward. State your name and city of residence. You have three minutes. Uh yes, good evening, mayor and council.

I I actually did not plan on intend uh to speak tonight, but I am going to speak really quickly. I am going to remind you, Mayor Woods, that I am a strong supporter of commercial development in Tempe, but I question certain aspects of the development that you know could and should take place.

One of the major concerns that I have about um Denell Plaza is that this is a a generation precedent setting uh process that is going to have ramifications all throughout Tempe probably 20 years down the road. And one of the things that I do not feel that is very uh transparent about this and I'd like to um remind Council Member Amberg that one of her tenants in her election was transparency. And I do do not feel that this is a this is a drip drip drip process.

I am a 25-y year homeowner um one block north of Denell Plaza as in the same neighborhood as Joel Stern. Um I have lived in Tempe since 1963 and Denell Plaza has been a problem for Tempe in my opinion ever since. So I'm very excited about what is the possibility. But the things that are are not being talked about yet is how it's going to impact the neighborhood, how it's going to impact traffic.

Um, Mel Vase, all due respect, in her presentation at at Denell Plaza, she dropped a little bombshell that, you know, there was the potential for a hotel. Well, you know, that's all fine and good to consider that um certain aspects of the development, you know, haven't been worked out. I'm I'm totally aware of that. But this is a precedent setting development for the rest of Tempee for a generation.

And I just hope that it's not like this drip drip drip and the community is disappointed in the end. Thank you. Thank you. Appreciate it. All right, that's all the speakers that I have this. Is there anyone else in the audience wishing to address the council on item 8B1? If so, please get my attention. Yes, please come forward. Please state your name and city of residence. You have three minutes. My name is Brianna Gross. I am a resident of Phoenix, Arizona.

Um, I'm just going to read something that I submitted at the previous uh meeting, but didn't go off the cuff a little bit about it. Uh, my name is Brienne Gross. I run the Cuban Phoenix. I have long been passionate about Tempe, and I recently got asked to organize Tempe Noise Takeover at Rocket Space this year. I also put on Powers Out, the 7th anniversary celebration of Denil of the Denell project this year. I have lived in Tempee since 2011.

Despite recently being priced out and forced to find affordable rent in Phoenix, I believe greenwriting high density development would bring in uh overpriced condos and apartments that we see near ASU and Milav uh that have all but destroyed most of the mom and pop shops that have made residents move here in the first place.

I believe that yucka tap room, double nickels, skyhigh and more would be threatened by any highdensity development as I have seen that happened to both Tempe and Phoenix in uh both the residential and business sector. Uh high density it brings it brings residents that are not really interested in that sort of stuff and it ends up killing local bars, venues, mom and pop shops and businesses of all kind.

Uh those residents that move to those highdensity apartments seem to get bored with the so-called arts and entertainment district they thought that they moved to and then move away within five years, leaving empty condos and apartments everywhere. Uh I've been priced out of Tempe four times because of this kind of stuff. This is the city that I love the most. I'd love to get back here someday. If we vote on high density for Denell uh Plaza, it should be affordable.

And when I say affordable, I mean like $1,000 for a twobedroom, $800 for a onebedroom because we are now above the I believe 1.1% above the national average here at Arizona. And that's the first time ever. So it would be nice if uh we could all enjoy Tempe again. It would be nice if the reason the property values are the way they are still mattered because right now it's just becoming a bland city with nothing to really move here for. So, thank you. Thank you. All right.

Is there anyone else in the audience wishing to address the council on this item? If so, please get my attention. All right. Seeing none, I will close the public testimony portion of the public hearing. Council members, any comments or discussion? All right. Seeing none, um, you know, I have comments, but I can actually save them till the next hearing just in the interest of time. So, just want to reiterate the second and final public hearing on this item is scheduled for October 16th, 2025.

The next item under the section is 8B2, which is to introduce and hold the first public hearing to adopt an ordinance for an amended plan amended planned area development overlay for minima located at 5454 South Beck Avenue for a new mixeduse development consisting of 72 dwelling units and commercial uh uses on 2.9 acres. The applicant is with Morris Bow PLC. Uh is there a presentation? Miss Blame, welcome. Hello. Hi, good evening.

I know you guys had quite a night, so I'm going to be very brief with this and just give you kind of the highlights. Uh, so this project does have a little history. Initially, this started with a completely different development team. It's changed hands a couple of times. So, here we are. It's from 2021 initially. Uh, so we're happy to bring this forward and we thank staff.

We've worked with them quite a lot over the last year that we've been a part of this and we really appreciate the insights that they have had. So, it's just south of baseline just east of I 10. Some site context, it's about a 3 acre site next to some storage and industrial multifamily residential as well and uh single family to the south and then as you know baseline is the hub for commercial.

It is consistent with the zoning and general plan and we're here to request a development plan review which was approved at the DRC on September 9th uh unanimously as well as a PAD overlay uh amendment to the existing PA AD. So, a little bit more on the site plan. Again, 3acre site. There is a kind of a strange curve on Beck Avenue that impacts some of the setbacks um which I'll talk about on the next slide for uh why we're requesting a PAD overlay.

Uh it's a mixeduse project, kind of a horizontal mixeduse project of 72 units, two-bedroom each with the central amenity space. And um something a little unique on this is at the uh northeast corner there's a commercial space as well. Um, and we kind of foresee some sweet offices there, really small offices with one or two people. Uh, the height is at two stories.

The max allowed actually in this district is 50 ft, but we felt with the scale of the residential to the south and some of the storage to the north, this was a nice uh scale for the area. Um there's a lot of pedestrian pathways through the site uh connecting to the central amenity space and it is a gated community with two access points off of Beck. Um some of the deviations we're requesting as mentioned there's kind of a weird curve on Beck Avenue which required the parking setback.

We actually are increasing the landscaping area about 12% from the previously approved P A. We're also increasing bike parking. Um, and then there's another PD deviation about pedestrian path separation um, from buildings. And this was really we needed to allow more pedestrian connections within the site. Um, finally, the parking reduction. We had Y2K engineering do a parking analysis for the site.

Because it's a mixeduse project, the time of day the commercial would be used versus the residential, they actually work well together. So they saw the demand at being 142 spaces required. So that's what we're proposing on the site. Here's a landscape plan. As mentioned, uh we're increasing the landscaping 12%. A lot of landscaping along Beck Avenue and around the perimeter. Uh this is the previously propo proposed elevations and I'll just say they were bold in this.

Um so we've definitely meldted it better to the context of the area. Um, so this is kind of what you're seeing here. And I know staff had a couple of uh recommended recommended stipulations on these as well, which we're very comfortable with including. And um in summary, um we thank Tempe planning staff for all the work that they've done with us on this. Um they really helped us kind of address some of the design elements as well as safety concerns with the previous design.

Um it's consistent with the zoning district and general plan designation. It's appropriate with the context of the area. Um proposing much needed housing and some additional small office space in the area. Um and this housing we're really seeing as a workforce housing product um not necessarily luxury. Um and then we are requesting some minor deviations due to the lot shape and some of the other uh needs for the proposal. So those were the highlights.

So happy to answer any questions that you guys may have. Sounds good. Thank you so much. Anyone from council? Any comments or questions? Uh Vice Mayor Garland. So you just said that it's going to be workforce housing. Correct. Okay. Thank you. Okay. Anyone else on council comments, questions? All right. I don't have any either, so I guess I'll go ahead and go to the public testimony portion. All right. So this is a public hearing item.

So, if there's anyone in the audience wishing to address the council on item 8B2, please get my attention now. All right. Seeing none, I will close the public testimony portion of the public hearing. Council members, any additional comments or discussion? All right. Seeing none, the second and final public hearing on this item is scheduled for October 16th, 2025.

The next item under the section is 8B3, which is to introduce and hold the first public hearing to adopt an ordinance for an amended planned area development overlay for Hayden Lane Town Homes located at 1825 East Hayden Lane for a new 3-unit single family residential town home development with three accessory dwelling units. The applicant is JCR Collective. All right, let's see here. Uh, is there a presentation from the applicant? Yes, please come forward. Good evening.

My name is Chris Davidson uh with JCR Collective. I'm the architect for the Hayden Lane Town Homes. Uh general project team contact information. I'll skip over that. Uh the Hayden Lane Town Home project proposes three new town homes with associated dwelling units and parking. Uh this development proposes transform a vacant lot into much needed housing, adding both diversity and density to the neighborhood. Uh these updates improv ability, optimize the site and respond to today's housing needs.

Uh the inclusion of ADUs I think supports flexible options for families, retail or potential uh rentals rather or potential work for home use. As part of this, there's an existing PAD overlay. We're asking for three revisions to that uh existing uh overlay. The first is a reduction to landscape area from 30% to 20%. Uh the reason for this reduction is to add three additional uh surface parking stalls.

Uh the second is a reduction to set back which really has to respond to the fact that the site is angled at both the alley and along the rideway. So along the west portion of it, it's slightly narrower and along the east portion it's slightly wider. Um the big ask I suppose is that the increase of floor area uh from 7200 to 8,335 square ft as well as the addition of increasing the bedroom count from 9 to 12. This of course would allow for the ADU units.

The site itself is located right off of Hayden Lane. Uh as I mentioned is vacant at this point in time. Uh the surrounding area is fairly mixed in nature with both multifamily uses and single family uses. Uh to the north we have the painland apartments. To the west we have uh a smaller scale multifamily development of a couple duplexes and then to the south and to the east we have some single family residential uh site plan itself with the ride ofway improvements and things like that.

We are widening the sidewalks uh from 4T to 6 ft, adding a transit stop along the rideway. Uh improving the entire alley uh basically uh paving that around the perimeter of our site. Uh vehicular access is provided again off that alley uh with two stalls in each garage and one surface parking for a total of nine stalls. Um along the uh west side we have some patio areas and things like that for the ADU units um that we'll talk about here in a little bit further.

Landscape plan wise it's uh really a uh the plan is to basically use a pallet that is native drought tolerant species. Uh the concept is that that each one's kind of broken up into two zones. The first is of course along the rideway where we're using the planting to buffer um between the public and private and then of course in the perimeter areas where we have the courtyards. Uh it serves two purposes.

One is to uh provide some privacy for each of those units as well as screening from our neighbors there to the west. First floor here at the ADU. Each of them is a one-bedroom, one bath unit approximately 800 square ft. Uh the town home has the garage and a main entry at that level. On the second floor, it is a three-bedroom, two- bath town home unit with open living area, a private balcony that is screened.

Overall, the concept for the plan was to basically erode the mass to make it more friendly to the surrounding area. There's kind of a large mix of twotory, one-story buildings. So the idea was to kind of create something that kind of blended between the two. Um we use modulation of the roof and materiality changes to kind of highlight where we're stepping in and out on the frontage.

This kind of highlights what I was talking about that between the buffering between that public and private space uh and how we're buffering again yet again from uh the western property line with our neighbors. material pallet. Pretty straightforward stucco uh with some composite uh fiber or composite siding or wood siding. Uh this uses an accent to kind of offset specific window insets and entry. Uh proposing to use standing sea metal roof.

Um elevation wise, the tallest pitch on the entire project is 26 ft. The floor to floor from each floor is 10 ft. The general height of the roof is around 21 ft 6 in. Um we on the north facade we utilize that extra height to incorporate some transom light to incorporate and bring light further into the space. Uh you know making those units a little bit more livable. This is the east elevation. Uh so this is along the alleyway facing uh between the the neighbors there.

So, we have the garage access and of course the parking there at the entry uh entry areas for both units. South elevation, not a lot of glazing for obvious reasons. So, uh west elevation, we use the same sort of technique to um just kind of create larger patios, make everything a little bit more livable and uh you know try to respond to some of that character. This is a general courtyard elevation. Uh, that kind of closes the the general presentation.

Um, at this point, I think I just open it for questions. There were some comments that I had addressed, but I'd probably just hear your feedback first. Sounds good. Thank you for the presentation. Uh, anyone from council? Any comments? Uh, yes, Council Brand. Yes. Thank you, Mr. Mayor. I do have some questions. So, um, if I heard you right, you're going to have nine car stalls right? Yes. Uh, you're going to have 12 bedrooms, right? Yes. Where are the rest of those cars going to be?

And I don't know if this is maybe a question for staff like is there street parking available where these these are going to be built or I mean because I'm assuming you're probably going to have a bunch of college students there. Each of them will have a car. So where are the rest of the cars going to go? Hello Mr. Levake and Mr. Tammy Levich. here. Council member Hamburg.

Uh the zoning development code requires for the single family units, which are three-bedroom units, requires two parking spaces for those. So, those are part of the garage units. The ADUs do not have a a parking requirement yet. The um the applicant is looking to accommodate guest parking space area there. They either could be used by guests of the residents or it could be used by the ADU uh rental units there in that spaces.

So that that collectively is a total of the the nine spaces provided for the site that's required by code. So they're required by code to have six spaces total on site and they're providing a total of nine. Okay. Thank you. Um Mr. Mayor, I understand that's what it's required by code, but I mean being realistic here. We're no there's going to be more than nine cars. So what is the parking like on the street? Can they park there?

I know to the north of it they're apartment complexes, but where are the rest of the cars going to be? I believe on street parking is allowed on street has has enough adequate width for that for today's use. Um haven't seen any major congestions in the area with with parking specifically. Um there has been some redevelopment have have been occurring in this area.

You've got some larger apartments on the north side of the street and some other infill developments that have been occurring but um it's been it's been a slow process over time for this area. We should also note that we are adding uh the trans the orbit transit stop right in front of the property as well. Thank you. Uh Vice Mayor Gar. So I um I did you say so these are town homes. So these are home ownership. Yeah.

Are you going to be owning them or you the initial plan is that the owner will hold it I think for a certain duration of years but then he his intent is to be sold off individually. So each town home ADU would be sold as a single unit. Okay. And I have been down this road a lot and this is probably so add of me.

But the very very very first thing I ever voted on when I was on council is like four lots away from this and it was we were doing this virtually because we weren't on the dis because of COVID and we denied this gentleman and I just didn't trust what he was going that he was actually going to be listening. So I drive by this probably every three months just to see what's going on down the street. So, I have seen there's rarely ever street parking.

There's rarely ever all the times I've been down this road, there's hardly ever anybody on that road. Just a comment. Thank you. Yeah. Thank you. Thank you. Anyone else? I was just going to say and I very rarely speak, you know, very substantively during a first public hearing, but I just wanted to say these are beautiful. Thank you. Like I'm just going to be very honest as as the kids would say, these are fire. Um like I really like these. Like when can I move in?

So, um, but seriously, they they're they're just it's it really is a great a very very exceptionally well-designed product. I mean, I I just love what you've done, and this is phenomenal. So, thank you. I appreciate that. Thank you. Yes. Uh, Coun, Mr. Mayor, with, you know, as the mom of four kids, they would these would be low-key fire. Oh, low-key fire. Wait a second. Oh, man. I can't win tonight. All right. Um, I'm going to open up the public testimony portion of the public hearing here.

Uh, is there anyone in the audience wishing to address the council on item 8B3? If so, please get my attention. All right. Seeing none, I'll close the public testimony portion of the public hearing. Council members, any further comments or discussion? Yes. Oh. Oh, yes. Yes. Yes. I have a Let me go back. I need to reopen the Thank you, Mr. Sims. I need to reopen the public hearing portion or the public testimony portion. I've got one person online uh and it's James Beachch. Mr.

Beach, can you hear me? Yes, sir, I can. My apologies for that. Please state your name and city of residence. You have three minutes. My name is James Beachch. I'm a resident of Tempee. My wife and I live at the home directly adjacent to the planned development. Uh although we're not opposed to development of this lot uh per se, uh our concern is the impact uh on the prop our property and the properties immediately surrounding um with the density of the project.

um immediately surrounding uh us and our neighbors with the six families living in a condensed space with limited parking in a small alley being the only entrance and egress for automobiles. The proposed height of 26 ft means that a good deal of privacy is lost to the adjacent property owners and tenants such as ourselves. And we find this a disturbing precedent. Introducing 12 bedrooms onto the 1.1 acre site exceeds that of adjacent singlestory properties.

The increased density is a primary source of our opposition. Uh potentially 12 residents could mean 12 cars with only nine dedicated parking spaces. Coming and going at all hours just mere feet from our property. Uh we talked about parking. The council talked about pro parking. uh what is expected in the plan and what's going to happen are two different things. So chances are if you have 12 bedrooms, you could have 12 cars and no plan for them to park.

It'll have this project will have a negative impact on our quality of life and our sense of safety. And we ask that the council reject the plan as it is and reduce the total of number total number of units from six to three at the very least. Thank you. Thank you so much. Once again, this is a public hearing item. Uh so if there's anyone else who'd like to give any public testimony at this time, please get my attention. All right.

Seeing that, I'll close the public testimony portion of the public hearing. Um let's see. And once again, council members, the second and final public hearing on this item is scheduled for October 16th, 2025.

The next item under the section is 8B4, which is to introduce and hold the first public hearing to adopt an ordinance authorizing the city manager to negotiate and execute a lease agreement for lease of certain of city-owned rail property located at 1519 East Apache Boulevard in Tempe, Arizona, subject to approval of the lease terms by the city attorney, Mr. Anderson. This is also a public hearing item. So, if there's any public testimony, uh, please get my attention.

All right, seeing none, I'll close the public testimony portion of the public hearing. Council members, any comments or discussion? All right, hearing none, the second and final public hearing on this item is scheduled for October 16th, 2025.

The next item under the section is 8B5, which is to introduce and hold the first public hearing to adopt an ordinance authorizing the city manager to negotiate and execute a lease agreement for lease of city-owned commercial property located at 525 South Mill Avenue in Tempe, Arizona, subject to approval of the lease terms by the city attorney, or otherwise known tonight as council member Chin's favorite item. So, let's see.

This is a public hearing item, so I'm going to see if there's any public testimony at this time. Uh, if so, please get my attention. All right, seeing that I'll close the public testimony portion of the public hearing. Council members, any comments or discussion? All right, hearing none, the second and final public hearing on this item is scheduled for October 16th, 2025.

The last item under the section is 8B6, which is to introduce and hold the first public hearing to adopt an ordinance authorizing the waterline easement abandonment located on the south side of University Drive, east of Rural Road and north of the 8th Street alignment. This is also a public hearing item. So, I'm going to open the floor right now and see if there's any public testimony on this item. If so, please get my attention.

Seeing that, I'll close the public testimony portion of the public hearing. Council members, any comments or discussion? Seeing none, the second and final public hearing on this item is scheduled for October 16th, 2025. Next up, last section on the non-consent agenda is ordinances and items for second hearing and final adoption. So, votes on these items will be taken tonight.

8C1 was already covered in an earlier portion of the meeting, which brings me to item 8 C2, which is to hold the second and final public hearing to adopt an ordinance for a code text amendment within the Tempy zoning and development code amending section 6-315 related to adaptive reuse of commercial office and mixeduse buildings for multifamily development. The amendment intends to comply with the mandates and provisions of Arizona House Bill 2110. Council, any comments or questions for staff?

Second. Oh, actually I gotta go to the I gota go to public comment first. Uh so let's see. Is there anyone in the audience wishing to address the council on this item? If so, please get my attention. All right. Seeing none, I'll close the public testimony portion of the public hearing. Vice Mayor Okay. It's been moved by Vice Mayor Garland and seconded by her by Council Member Keating, please vote. Yes. Yeah, mine's uh a little stalled, too. So, I'm going to vote yes as well.

That item passes 6 to zero with council member Adams absent. There we go. All right. Next up, 8C3. Hold the second and final public hearing to adopt an ordinance amending Tempe City Code Chapter 12, articles 2 and 3 relating to drainage and flood control by amending sections 12-6 through 12-35 relating to flood plane management and repealing section 12-36 relating to floodways. Council, any comments or questions for city staff on item 8C3? Okay. Uh, this is also a public hearing item.

Is anyone wishing to give any public testimony on item 83? If so, please get my attention now. Seeing none, I'll close the public testimony portion of the public hearing. Council members, any comments or discussion? Moved by Council Member Haj and seconded by Council Member Keating. Please vote. And that item passes six to zero with Council Member Adams absent.

The next item under the section is 8C4, which is to hold the second and final public hearing to adopt an ordinance amending the Tempe City Code, Chapter 2, Article 5, Division 6, Section 2-225 to add youth members to the Human Relations Commission Council. Any comments or questions for staff on this item? All right. This is also a public hearing item. So, if there's any public testimony on item 8C4, please get my attention now.

Seeing none, I'll close the public testimony portion of the public hearing. Council members, any comments? Oh, moved by council member Hajj. Do I have a second? Second. Seconded by council member Amber, please vote. And that item passes 6 to zero with council member Adams absent.

Next up, item 8C5, hold the second and final public hearing to adopt an ordinance to transfer budget appropriation from fund 31, water wastewater fund, to fund 35, solid waste fund, to provide sufficient appropriation for debt service payments. This is also a public hearing item. Anyone in the audience wishing to address the council on this item? Get my attention now. Seeing none, I'll close the public testimony portion of the public hearing. Council members, any comments or discussion?

It's been moved by council member Keating, seconded by council member Chin. Please vote. That item passes 6 to zero with council member Adams absent. The next section on the next item under the section is 8C6, which is to hold the second and final public hearing to adopt an ordinance to transfer cash from fund 35 solid waste fund to fund 34 solid waste capital improvement program to provide sufficient funding for CIP project number 3407449. This is also a public hearing item.

Anyone in the audience wishing to address the council on this item, please get my attention now. Seeing none, I'll close the public testimony portion of the public hearing. Council members, any comments or discussion? It's been moved by council member Hajj. Second. Sorry. I think it was seconded by council member Keating as well. Please vote. That item also passes six to zero with council member Adams absent.

The next item under the section is 8 C7, which is to hold the second and final public hearing to adopt an ordinance to transfer cash from fund 39 transit fund to fund 60 transit capital improvement program to provide sufficient funding for CIP project number 6010499. This is also a public hearing item. So if anyone wants to address the council on this item, get my attention now. Okay, seeing none, I'll close the public testimony portion of the public hearing.

Council members, any comments or discussion? Do I have a motion? It's been moved by Vice Mayor Garland and seconded by Council Member Keating. Again, please vote. And that item passes six to zero with Council Member Adams absent. The last item under the section is 8C8, which is to hold the second and final public hearing to adopt an ordinance authorizing the partial abandonment of a public waterline easement located on the west side of Smith Road and south side of Third Street.

This is also a public hearing item. If there's anyone in the audience wishing to address the council, please get my attention. Seeing none, I'll close the public testimony portion of the public hearing. Council member, any comments or discussion? It's been moved by council member Hajj and seconded by council member Keading. Please vote. And that item passes six to zero with council member Adams absent.

That brings me 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 during their aotted time, but in accordance with the open meeting law, there should be no discussion on the item other than to clarify the request. So this evening, I'm going to start with Vice Mayor Garland. All right. Thank you very much. I think we just have the age friendly community survey.

So if you are over 50, there might be a couple of you out in the audience right now. If you're over 50, we'd love it if you could take this survey. That'll help us make a decision on what our age friendly action plan is going to look like for the next five years. Thank you. Thank you, Vice Mayor. Wow. Yeah. Uh, Council Bakitig next. Yeah, I love the speed there. Um, I have a slide. I want to wish my girlfriend Cassidy a happy birthday.

Mayor Woods would be happy to know that I took that picture on an Android phone with much superior to product. You knew I liked you. No filter, anything. That's just how how great it is. Anyway, happy birthday, Cassidy. Uh, that's it. Thank you, Mayor. Thank you, Council Pini. Uh, next up, Council Member Chin. All right. Next up, Council Member Hodgej. Yes, I do have my um first and my first meeting. Mike, Mike, Mike. Oh my god, I'm tired.

Um I have my first um an animal awareness cruelty uh subcommittee meeting. It will be on Tuesday, September 30th at 1 p.m. in the Tempy City Hall. And we have Vice Mayor Garlet and Council Member Adam joining me on this subcommittee. Uh next up I have my OC. Uh October 18th I have my breakfast with Berdetta. It's at the Tempy Beach Park. Um there will be a it's a United Movement 5K run walk honoring domest um honoring domestic violence survivors, cancer survivors.

We will also have over 50 community resources on site and a blood drive and a food truck. And last but not least, myself, Vice Mayor Garlet, and Mayor Woods was out last Wednesday, early morning watching the Walker House be moved. It was a uh phenomenal view to watch. I mean, there was and there were people, we had actually had people out looking at that. So, it was um it was a sight to be seen. And last but not least, this is um Hispanic Heritages Month.

I wish everybody a happy headpanic carriage this month. Thank you. Thank you. Next up, Council Member Amber. Yes. Thank you, Mr. Mayor. Talking about my favorite things, uh, dogs and cats, even more than I like talking about my kids. Uh, so Lost Our Home brunch. Mark your calendars for the Lost Our Home 16th annual day brunch on Saturday, November the 1st at the Omni in Scottsdale. Unfortunately, uh, Lost Our Homes, an organization right in Tempe that holds a special place in my heart.

They're dedicated to bridging the gap between people in crisis and the pets that have no place to go. So, the theme this year is grateful tales and hopeful hearts, capturing the emotional bond between pets and their families. If you want to go, I will be there. I'm gonna buy a table. Let me know. Uh, if you want to buy a ticket, go to www.lo.lossarhome.org. Thank you. Thank you. And I don't have any announcements this evening, which brings me to item number 10, public appearances.

Is there anyone in the audience who would like to address the city council? If so, please come forward and state your name and city of residence for the record. Seeing none, I will move on to item number 11, which is adjournment. The next scheduled regular city council meeting is going to be on October 16th, 2025. We are adjourned at 9:49 p.m. Have a good night, everyone.