Tempe unanimously approves 651-unit Banyan North Tempe annexation; defers Rio East and marijuana regulation

evening everyone welcome to the tempe city council regular council meeting for thursday february 11 2021 the time is now 6 10 p.m sorry about being a little bit late we were just working on an executive session due to concerns over exposure to copa19 the city has implemented measures to protect our community including the closing of council chambers and limiting public attendance to electronic means only members of the public may view the live meeting proceedings on tempe channel 11 or attend the meeting virtually through cisco webex events by visiting tempe.gov clerk for more information first item on the agenda is item number one on a moment of silence let's just take a moment of silence please thank you very much next up item number two which is the pledge of allegiance i will go ahead and leave here i pledge allegiance to the flag 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 thank you very much next up item number three meeting minutes to assist this evening i've got council member adams councilmember adams let's see councilmember adams are you there i'm i'm trying to get there can you hear me now yep i can hear you can you okay i motion to approve uh item 3a all right great thank you so much uh it's been moved by council member conference remember adams excuse me for the approval of city council meeting minutes item 3a1 do i have a second hey mayor thank you councilmember arredondo savage all right with that said i'm going to go ahead and call for a roll call vote council member navarro hi council member garland i vice mayor keating councilmember arredondo savage councilmember adams hi mayor sorry no worries i council member qb okay let me just check here see if anyone has sent me a uh vote question is anyone allowed uh madam clerk are they allowed to vote by text by chance that would probably be a question for our city attorney okay uh madam attorney thank you mayor members of council the council rules of procedure in the open meeting law would allow by electronic means for council members to participate so i think in this instance it's fine okay uh let me just uh hold on here give me one second here okay uh vice mayor keating has voted yes and i'm just waiting on a council member cubing councilmember qb are you there i could see your thing there counselor keep me looks like you're unmuted but i can't hear you okay um with that said i'm going to go up i'm going to vote i as well counselor member queues at you councilmember qb okay uh okay that that motion passes six to zero can we try this oh is that you california i hear you mr mayor can you hear me this is like i could hear you now i was going to ask your vote on item three eight in meeting minutes aye okay great sorry passes unanimously seven to zero no worries a couple of members even with some technical problems no worries we worked through it next up is the acceptance of board commission and committee meeting minutes council member adams yes i moved to uh uh to approve uh item three b accepted a board commission and committee meeting minutes seconded by council member savage go ahead and call for a roll call vote here council member navarro aye councilmember cubie aye councilmember garland aye vice mayor keating let me just uh uh councilmember aridando savage hi mayor uh councilmember adams aye okay aye thank you we should wait for uh vice mayor keating here can you can you hear me yes i can hear you yep you're good i'm going to vote i as well um and i and also vice mayor keating votes i so that has been passed unanimously item 3b acceptance support commissioning committee meeting with this thank you very much next up we have item number four a here mayor's reports and announcements i don't have any next up item four b city manager's reports and announcements mr ching do you have it in this evening thank you uh mr mayor members of council can you hear me okay yes sir great uh i'm gonna have greg put a uh up on the screen here real quick just a reminder uh to everyone who's viewing tonight or future streaming views that we are looking to get nominations for the neighborhood awards coming up wednesday february 17 2021 staff wanted me to go ahead and put out that reminder and that's all i have thank you thank you very much mr city manager all right so next up is the consent agenda i wanted to announce to everyone obviously the public may actually hold up real quickly got a little ahead of myself here next up item five 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 by an asterisk and council members may remove any item for separate consideration or to declare a conflict of interest if a council member would like to declare a conflict at this time the city clerk will provide the council member with the disclosure form public may also submit written comments via the city of tempe speaker comment card system at tempe.gov clerk go ahead and start the consent agenda is announced as miscellaneous items five a one through five a six awards of bids and contracts items five b one through five b twenty three and resolutions item five c one through item five c ten once again any agenda item marked with an asterisk is a public hearing item and can be removed by a member of the public for separate consideration counsel are there any items that you would like removed for separate consideration this evening all right hearing none um madam clerk where any items are requested to be removed nothing for the consent agenda mayor all right hearing none that i will go ahead and call for the approval of the consent agenda do i have a motion so okay moved by councilmember qb seconded by council member arredondo savage to go ahead and call for a roll call vote council member navarro council member navarro okay councilmember qb council robert garland aye vice mayor keaton okay i'm looking he votes i as well um council member aridando savage hi mayor councilmember adams councilmember adams i'm here okay and i vote i as well the consent agenda has approved unanimously seven to zero okay next up here we're gonna go to the 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 obtain from voting on a matter and the city clerk will provide the council members with a disclosure forum at this time all right first item under the section is item 6a1 which is to award job order number 17 to action garden garden construction llc for the water line replacement asu campus phase one tyler mall from katie wallace's prom walk project located at 1151 south forest avenue we're getting a little bit of feedback should all council members please internet you're not thinking so great thank you so much everyone all right um let's see here uh item number okay so we're gonna go here uh anyone hear any comments or discussion from council all right uh madam clerk any uh any comment cards on this item nothing for this item there okay great all right we'll go ahead and call for a roll call vote council member navarro hi councilmember cubing hi councilmember garland aye vice mayor keating okay keyboard's eye as well council member arredondo savage aye mayor councilmember adams i'm there and i vote i as well i'm there yep okay i got you um item six a one passes seven to zero the next item under this agenda is six a two which is to hold a public hearing and adopt a resolution to add a monthly service rate for a 10 inch water meter in the schedule of charges rates deposits and fees for water services by amending appendix a schedule of fees and charges of the tempe city code is staff available to make a statement on this item i see terry here good evening mayor council i can make a brief statement on this item this is for a the addition of a 10 inch 10 inch meter to our schedule of rates and fees this is an existing meter that was inadvertently left out of the 2020 water and wastewater rate study was identified later and then we went back with our financial consultant and they performed an analysis and established established a fee associated with that meter this meter has been in service for many years but it was inadvertently left out of the data collection process as part of the 2020 rate study so this resolution is to include that back into the schedule of rates and fees so that we're squared away thank you great thank you so much terry uh madam clerk any comments received from the public on this item nothing for this item mayor thank you very much i'm gonna go ahead and close the public hearing council members need comments or discussions on item 682.

move by councilmember davar do i have a second thank you second by council member eredando savage i'm gonna go ahead and call for a roll call vote councilmember navarro hi councilmember qb i council member garland i vice mayor keating he votes yes council member arredondo savage hi councilmember adams hi and i vote i as well item six a two passes unanimously seven to zero the next item under the section is item six a three which is to approve an amendment to the five year sole source contract with renewal options with xylem view incorporated a delaware corporation originally the confluence group for implementation services for the expansion of the kona work order asset management system to create a comprehensive asset management solution counsel any comments or discussions on item 6a3 all right hearing none i'm gonna i would look for a motion it's removed moved by councilmember devara do i have a second second second seconded by councilmember garland i'm gonna go ahead and call for a roll call vote council member tomorrow all right councilman cubing i councilmember garland i vice mayor keating yes on that one uh councilmember arredondo savage hi councilmember adams i'm there and i vote i as well item 683 passes unanimously seven to zero the next item under the section is 6a4 which is to award a three-year contract to i.t partners for the lease purchase of vmware software and services that are used by the internal services department to support numerous software applications throughout the city counsel any comments or discussion on item 6a4 all right hearing none i'm going to look for a motion moved by councilmember navarro do i have a second second seconded by councilmember garland i would call for our roll call vote councilman carl all right councilmember qb aye councilmember garland i vice mayor keating looks like i there as well uh council member eridano savage aye man councilmember adams i'm here and i vote i as well that item passes unanimously seven to zero next step is item six a five which is to adopt a resolution amending the tempe city code appendix a table one a building permit fees table two 2a miscellaneous fees table 3a private development engineering fees 21 through 51 reinspection fee and chapter 35 zoning and development fees and by reference those fees and zoning and development code appendix h zoning and development fees to remove two existing fees private development engineering permit fees and document management fees and to include a new fee for technology and training to advance and sustain planning building safety neighborhood outreach and code enforcement customer service practices and technologies council members any comments or questions hearing none i'm going to go ahead and look to the council for a motion by council member of a second seconded by council garland i'm going to call for a roll call vote council member navarro hi councilmember cubing second i mean i councilmember garland i vice mayor keating i okay um council member eric domino savage aye councilmember adams i'm there and i vote i as well that motion passes seven to zero next item under this section is item six a6 which is to approve the utilization of one year omnia partners cooperative contracts with shi international corporation and cdw government llc for the purchase of software licensing support technology products and services to be overseen by the internal services department council mayor yes sorry to interrupt uh i spare keating is back as an attendee i just need the clerk to elevate him back up to panelists is there someone's mic on yes and i'll counsel i'll ask you to mute when you're not speaking just make sure we're not getting any background or feedback okay thank you councilman brevard all right and thank you mr ching as well all right um were there any comments or discussion on item 6a6 all right uh hearing none i'll look to the council for a motion moved moved by councilmember navarro seconded by council member qb i'm going to go ahead and call for a roll call vote council member navarro hi councilmember i'm councilmember garland i vice mayor keating yes council member arredondo savage hi councilmember adams i and i vote i as well item 6a6 passes unanimously 7-0 the next section on the non-consent agenda is ordinances and items for introduction and first hearing these items will be read and introduced tonight but no vote will be taken the second hearing and vote for these items is scheduled for march 25th 2021.

first up item 6b1 introduce and hold the first public hearing to adopt an ordinance for a zoning map amendment from hid to mu4 a planned area development overlay for an existing office building on lot one a new apartment community on lot 2 and new 13 500 square foot retail and restaurant uses on lot 3 to establish development standards and a development plan review for lots 2 and 3.

the site rio east is 14.2 acres located at 98 south river drive the applicant is quarles and brady i believe the applicant ben graf is available to make a statement mayor and council this is ben graff are you able to hear me yes sir go ahead wonderful uh for the record ben graf with the love from the corals and brady to north central avenue phoenix arizona we are here representing street lights residential as one of the core applicants but also the underlying land owner is tom leclaire with rio segal llc and also an underlying landowner is boyer development because of the office building as well i'm going to go ahead and share my screen and mayor could you please confirm that the council is able to see my screen yes mr graf we've got the screen up wonderful truly appreciate it um and thank you for everyone's ongoing efforts to make these online hearings work it's quite impressive every time i'm still not used to it uh thank you again mayor and council for uh your time and consideration tonight on our first agenda item um i am here speaking directly uh in regard to uh the application before you for a rezoning dpr approval in pad this is just a quick glimpse at the total team that we have involved in this butler design has led the design of the retail street lights residential on the multi-family and of course as i mentioned mr leclaire and mr evercube from boyer residential or boyer office is also deeply involved i'll move on to the way that this site is actually split up into three different applications uh we are moving from hiv to mu4 planned area development and then the dpr review itself the mayor did a good job going over the basic address and size i'll skip over that and i want to start off with i think was an exciting announcement that we were excited to share with the council tonight and i'll get into the details of our uh development plan in just a moment um but i don't need to obviously remind the council a very important hometown for all initiative uh that you uh recently approved in january um our project our development team looked very closely at this we worked with staff to understand how it could possibly uh be applied to this development and i'm happy to answer questions tonight but um the purpose of this slide is to inform the council and the public that this development team has decided proactively to be fully committed to the parameters and um i guess some of the requests you know hopes of this initiative it is a voluntary donation of course and we are committed as of tonight for the 20 donation based on the permitting fees for the multi-family residential and the 10 donation for our commercial aspect all going to the affordable housing fund um i personally am very excited to be part of a team that's taking part of this proactively we're happy to answer any questions you have about that but we did want to make that announcement and i believe that makes us the first project before council to take part in this initiative so this council is incredibly aware of why i'm showing these pictures but i can't help myself i show them every time this overall development at 101 202 was a landfill and it could have stayed perpetually as a landfill and we worked with the city we worked with the underlying landowner the environmental remediation was uh amazing on this site i actually got to see some of this compaction uh you know feel it shake your chest across the entire piece of property um and we've changed that to what's on the property today um a very exciting evolution the first phases of the rio 2100 involve the boyer office phase one of street lights residential to cameron which is up and running and currently leasing very successfully so this is similar to the product we're discussing tonight but i think we have some improvements and then the area before you this evening is the rio east in blue this is the new addition to the overall master plan community we're excited to bring it to council this is a kind of an idea of how in a site plan overlay the existing and new uses will fold in we have one unique aspect early on when boyer was getting approvals for the office portion on the north the city staff asked if they would be willing to come back later and pull this into an mu4 mixed-use zoning and boyer agreed to do that so we are pulling in an existing building into our zoning and the new aspects are the multi-family residential at 335 units and the retail along rio salado at 13 500 square feet this gives you an idea of where some of the underlying zoning is today we will be moving this from the heavy industrial to mu4 and of course most germaine to this discussion is the city's wish under its own general plan to turn this entire area into mixed use um that's why i believe one of the strongest recommendations we have for staff approval uh is in line with the general plan and the densities for this area keeping in mind that we're just we're just under the 65 dwelling units per acre with the 335 units and meeting full expectations of the of the general plan just another perspective to the west we have all of our existing mixed-use uses and to our east our existing and ongoing industrial uses just wanted to note that uh with the cameron i think we had three different reviews with this project i think we were up to five just in terms of resubmittals with the preliminary site plan and it really led to truly a phenomenal design that we're excited to share with you tonight all of the stipulations before you tonight from city staff were in full agreement with we're not asking the city to change or alter any of staff recommendations we come to you aligned with your community development department i believe in their goals for the site as well we talked about how the office is incorporated and of course already exists today constructed as you see here the only change is the designation to the underlying zoning for the office but we're not amending or tweaking any of the already approved design or development standards to the south are the 335 units four stories we have our parking garage at four and a half and wrapped by the building as you'll see shortly part of our design and also with the cameras design is to try to make that parking garage facility invisible from the public just another rendering of how the units play out again this is a market or a market plus rate uh development that's especially why we look so seriously at the hometown for all initiative so that we could provide a contribution and ongoing efforts to supporting affordable housing even though this specific project doesn't provide that type of unit so we've worked very closely on the design not only with staff but with our internal design team to really push forward some phenomenal materials um elevations and and uh just use of the land in a way that makes it architecturally exciting makes rio salado the type of welcoming doorway into the city off of the freeway that you would want and i think to best show that i will i will skip over some of our flat elevations but obviously we'll allow you to see those for a couple seconds here but our team has put together what is quite a quite phenomenal fly through and so just just really wanted to emphasize what what we're trying to accomplish here so you can see that the elements of this architecture are not flat we wanted to show just the depth of the facade you know highlight the shadow play especially from an environmental standpoint as we're coming up river here to look at how there's so much shade provided and i think there'll even be more abundance with actual real landscaping we've adjusted the scale of pedestrian by breaking down large lengths of the facade we have very large courtyards outdoor amenities there are two pools on this facility as opposed to one on mr crafty still we uh we lost your audio see uh mr graph before you keep going we've lost your audio uh can we see if we can try to get it back before we continue with the presentation here let's start a conspiracy theory about lasers what's happening tonight i'm going to pass on that one i move we skip the presentation there we can let's see i'll get i'll give uh i'm not sure i'm not sure which side the problem started with it was mr graphs or technical here one more time please i show his microphone enabled from our end so he may have lost connection on his end okay with that said well let's do this then um let's go uh madam clerk do we have any comment cards in this item and if we can get him back he can we can bring him back to finish the presentation later yes we do mr mayor i have two speakers first of which would be david brooks and i'm bringing him forward right now okay great thank you mr brooks your microphone should be enabled thank you uh madam clerk mr mayor and vice mayor can you hear me yes we can mr brooks thank you and thank you for a few minutes as well to the council members i represent or my name is david brooks i'm with the law firm of brooks and affiliates my address is 4320 east brown road a suite 111 in mesa arizona and i represent jerry brock uh kirsten lindell brian brock and their companies or entities brock family partnership and brock properties to llc i appear to oppose the requested change by the applicant and there are two fundamental reasons for our opposition the first is that the applicant and you heard that mr leclair is the owner underlying owner of the property one of his companies uh tellurian development company has failed to comply with prior conditions that this council imposed on it back in august of 2016 that's our first reason our second reason is related but it's a practical reason and that is public safety with respect to uh the traffic on rio salado and real river road i'll get to that more in a minute but let me go back to the failure to comply with prior conditions by way of authority for the council the zoning code for the city of tempe provides that the decision-making body or this council can withhold a requested approval if it determines that the current applicant has not fulfilled a previous condition or requirement from a previous approval granted to the applicant on the subject property and withholding the permit would encourage compliance or is necessary to protect the public from future non-compliance so built into the city's zoning code gives the council the authority to refuse an application like this one if it finds that the applicant has failed to comply with prior conditions and with that said i want to take the council back to august 4th 2016.

at that council meeting and i believe four members of the council who are currently on the council where at that meeting and i believe vice mayor keating it might have been your first meeting but at that council meeting the tellurian company asked the council to approve or confirm agreements that it had and that it assumed from the prior property owner mira vista that it would get a 40-year jiblet property property tax abatement as part of the process of moving forward and doing the remediation that mr graf mentioned earlier and as part of that discussion an amendment to that resolution was brought the amendment was focused on the problem of accessibility and circulation and the idea was you're going to develop this nice beautiful piece of property that has been remediated and parcels immediately adjacent to that property may have trouble accessing rio salado because of traffic and other reasons and so there was an amendment that was brought or a proposed amendment that was brought that would say that tellurian acknowledges and agrees that it shall use the commercial best effort efforts and agree to work with other owners to include a circulation plan for connectivity to benefit all adjacent parcels mr mr brook says your time's up i'll give you another 30 seconds to wrap up though okay so the the practical reality mr mayor is that the applicant has not complied with that obligation and because of that if the council were to approve this request without providing circulation access to my clients who are the brocs immediately to the east of this zoning request parcel um then you're going to have problems because my cam my clients uh access to rio salado is only like 150 feet from the light and sometimes when that light is red traffic backs up and covers my clients entrance so the whole process anticipated providing for circulation and the applicant hasn't done it and as a result your mr mayor and council members we oppose and would encourage you to consider that as you think about this over the next several weeks thank you mr brooks really appreciate it sorry for having to jump in there it's always awkward with this virtual technology of not being able to see people so i apologize uh on my end on that uh but thank you for coming and speaking this evening uh next up uh madam clerk i know we have one more speaker yes we do mayor and i apologize if i pronounce the name ryan i have adrian and mark you okay do we have adrian here adrian your microphone should be enabled mr mr mayor are you able to hear me this is adrian everqueue yes mr evercube uh go ahead uh mr mayor vice mayor thank you for the opportunity to speak uh my name is adrian evercue i'm a partner with the boyer company located at 4250 east indian school road um thank you everyone for uh for for gathering tonight and uh i appreciate uh the time and i'll try to keep it brief um the boyer company uh obviously has been involved with the rio 2100 park uh and and today we've we've developed five office buildings there that we're very proud of uh to build on what was a former dump site and uh and and has been able to create a lot of economic employment opportunities for the city um we uh when we developed the building that that is up and operational uh that's been there about a year which we call the phase 5 rio east building as a four-story building just north of the proposed apartments and retail that we're discussing tonight it was asked uh this the city asked me after we received the necessary approvals to come back in and uh obviously um get the clean this up with the with the what you see today and that we're asking permission on so that building's up uh we're very proud that the top floor is occupied by morgan stanley the bottom floor is being occupied by siemens and that is why i'm here today to talk about that hey uh we are uh excited that more opportunity will come for the employees in the park to have a place to live for both morgan stanley siemens freedom financial benchmark electronics there's various companies in there uh boyer has to date developed five buildings spent roughly 250 million dollars in development to allow this to happen and uh we're very proud of of of what you see there today and we're very hopeful that uh obviously um we'll receive the necessary approvals with what what we see and obviously it is a site with that was once a dump site surrounded by a lot of industrial and uh i believe it's now one of the best if not the best business parks in the city of tempe and uh you know if if this does not meet the approval of the city i i we would be disappointed in that it would remain heavy industrial and obviously heavy industrial is not a real good use when you have tenants like morgan stanley and siemens benchmark electronics all those different things because the last thing we want to see is is heavy industrial happening around what we believe is uh isn't a great project so um i appreciate your time tonight i appreciate uh everything uh that you guys are considering and and thank you again great thank you very much really appreciate it with that said i'm gonna go back and circle back to mr graf to see if he'd like to finish the presentation i know he got cut off wonderful mayor council can you hear me again yes sir wonderful hey thanks for your patience uh with the audio issue um but i never left you so i heard everything so didn't leave you hanging appreciate the patience um i'll go through the next few slides and um and then i'll address some of these uh items that have come up and then we have other members of the team here as well that can help answer any questions that the mayor and council may have so i hope you could see through the fly through just the quality of the development the materials um just the articulation of the building and and really what you're going to see as the front facade facing rio salado it it's just exactly what the city ordered for the mu4 evolution of this site so in addition to that i i think a couple questions that come up as we are working with the city on what types of amenities we are providing on this site and this exhibit is really helpful for that because it shows that we've gone above and beyond in addition obviously to our surrounding landscaping areas for walking dogs which of course would be required regardless we have various areas of private seating lounge space open fire pits dog walking parks we have two separate pools which were direct comments that we have received from the cameron and other projects that kind of the dual pools uh in different areas would be highly required uh and very amenitized for our you know our our residents and our tenants and overall this just creates kind of a master little community which of course the goal of you know speaking of boyer's office is to have these residents work live and play in this area ideally somebody would have very low use for cars and be able to work and patronize the different areas around i'd be remiss if i didn't quickly go over the residential sorry the retail portion again 13 500 square feet but this has been a really responsible endeavor because we're thinking about the pandemic and we're thinking about where this will play out when these buildings come to fruition and so we have an outdoor patio we have two drive-through uses capable for this site and the entire circulation is set up for a curbside pickup if we are still afflicted with the pandemic at the level we are today so we think this is a viable plan it will allow for various retail restaurant use we all know how successful the new spinatos location has been we have boyar office tenants and residents of the cameron patronizing these exact places as of today and it's really the final component to true mixed use i'll i'll stop here for now in terms of the formal presentation and i'll go ahead and turn and discuss some of the comments we received you know what i'd like to state on the record to start is you know i i've been doing this long enough to be able to say that it's it's surprising to have a litigator opposing our case um it really gets to the heart of the issue at hand which is this is a land use zoning and best use evaluation by the city for what was once a landfill and what will now become residential retail and supported office and unlike the type of opposition that we may face from legitimate neighborhood associations and other areas this opposition seems to come in focused entirely on the pending litigation the lawsuit that's been filed against the underlying landowner and i understand the severity of those concerns but the question of whether a forced access point at this stage in development could hinge on whether this case is approved or denied in my legal opinion doesn't seem to be an appropriate question there have been ongoing negotiations and discussions between these parties this is a classic case of two private land owners that do in fact you know do intend need to work something out right now unfortunately it will be worked out in litigation but these are typically the things that we see resolved in private agreements um and not through measures through the city and let me give you just an off off the wall example quickly i recently assisted a client who needed to rezone their property but they didn't have enough parking on site and in order for them to even get close to rezoning the site they were going to need shared parking agreement with their neighbor and if that neighbor wasn't willing to provide that or if that was at a cost or a price point that my client wasn't willing to proceed with it wouldn't have been appropriate for my client to then ask the city to force that individual to provide the parking you see that has to be determined through private development negotiations between the parties and and that's really what we're trying to emphasize here today um we also can't imagine from a planning standpoint that a forced access point could be viable between a mixed-use development and the adjacent industrial the indus the adjacent industrial is ongoing successful we are appropriately buffered from that use they are appropriately buffered from us and we have a way to stay compatible when and if until mr brock's property is rezoned if that's his choice to mixed use with compatible mixed uses so again we have multiple people that can answer questions tonight um but i i'm i'm fairly you know passionate about the fact that we have a solid land use case it meets the legal tests for a pad it meets the legal tests for a rezoning and for a dpr we have unanimous approval from the drc full support from city staff and we've worked tirelessly to bring every parcel on this site to fruition so with that mayor and council i will end my presentation and i would be happy to answer any questions or andy abraham from our team could also be made a panelist to answer any questions specific um to the pending litigation or what's been said today all right great thank you mr graham i appreciate the presentation this evening uh it's a reminder to the public uh this is only the first public hearing we're not going to take final disposition until march 25th but with that said i'm going to go ahead and look to counsel if they have any comments or questions sorry mr mayor it's lauren yes councilmember cubie yes can i ask ryan levesque to stand up and zoom in um and and webex in and just uh could he answer a question just about staff staff opinion of the the connection between the uh request for access and this zoning issue is there a connection to be made and i do remember the conversation we had in 2016 about how we wanted best faith efforts to um proceed and that we hope there would be an agreement but i don't recall the exact particulars does it really weigh into this decision um before us yes sir thank you mayor council member qibi ryan levine deputy director in the planning division um uh when that agreement was established it was part of the development agreement so it was not a zoning action request coming before at that time but i know in the past there have been good faith efforts moving forward specifically this lot site there was a previous owner in a previous multi-family development that was proposing a future connection to the north that then ultimately as a result of boyer purchasing the property and developing for a new office building has provided that connection so with the current layout there are no proposed changes to the site circulation both development sites both the multi-family and the commercial access off the padlock to the existing private drive and that driveway is connected to the signalized intersection along rio salado so it looks like there's opportunity on the north portions of the property because the private drive is aligned and adjacent to the east side of the property it looks like there is still potential opportunities to work in a reasonable commercial opportunity for future development to connect with one another on these properties thank you thank you ryan any other council members have any comments or questions for either mr graf before or for staff all right here we go once again uh just as i said before uh this is only the first public hearing for this the council will not be taking uh a final vote on this item until march 25th so with that said we're going to go ahead and move on mr graf thank you for the presentation and thank you to all the speakers this evening thank you mayor thank you council all right next up is item 62 which is to introduce and hold the first public hearing to adopt an ordinance authorizing the mayor to execute a development and disposition agreement with art space projects incorporated a minnesota non-profit corporation matter clerk were there any comments received from the public on this item for this item mayor great thanks i'm gonna go ahead and close the public hearing counsel any comments or discussion oh all right hearing none once again i'm going to remind everyone that we're not taking a vote here this evening this is going to be voted on uh on march 25th during the second and final public hearing all right next up agenda items item 61-63 are scheduled for second hearing second public hearing and final adoption were read and introduced on january 14 2021 and items 64-67 were read and introduced on january 28 2021 so votes on all seven items will be taken tonight next up here item 61 is to hold the second and final public hearing to event chapter 2 article 5 division 20 section 2-365 regarding membership on the tempe veterans commission is staff available to make a statement on this item all right seeing none i'm gonna go ahead and say i'm out of clerk any comments from the public on this item nothing for this item there okay anyone from council wishing to speak motion to approve move by council for a second thank you very much okay i moved by councilmember navarro believe seconded uh by councilmember arredondo savage you go ahead and call for a roll call vote uh council beveravaro hi councilmember qb aye councilmember garland i vice mayor keating yes councilmember arredondo savage councilmember eridano savage hi mayor councilmember adams hi there and i vote i as well item 61 passes unanimously seven to zero the next item under the section is item six c2 which is the whole the second and final public hearing to adopt an ordinance authorizing the dedication of right-of-way eastman and certain city-owned land related to the mcclintock drive widening improvements project for use as public right-of-way and authorizing the city engineer to execute a declaration memorializing such dedication and related documents were there any comments received on this item madam clerk none for this item mayor all right i'm going to close the public hearing was that a motion i heard yes mayor moved to approve moved by vice president seconded by uh councilmember arredondo savage i'm gonna go ahead and take a roll call vote council member navarro hi councilmember cubie hi councilmember garland aye vice mayor keating yes council member eridano savage hi councilmember adams hi and i vote i as well item 62 passes unanimously 7-0 the next item next item under the section is item 63 which is to hold the second and final public hearing to adopt an ordinance amending tempe city code chapter 2 article 7 relating to the risk management trust board by amending section 2-505 relating to members is staff available to make a statement on this item all right seeing none um uh actually i see i see tom dunsing uh tom do you have a uh comment on this item merry members of council good evening can you hear me mayor yes sir great great this is a request to hold a second and final public hearing related to the risk management trust board amendment of the city code these are just technical technical corrections to specifically identify city staff as our cfo and to be members of the board and it also addresses the terms of the city staff and council member and with that i'd certainly be happy to answer any questions great thank you so much mr dunsing really appreciate it all right um council any comments uh on this item actually i should ask first were there any comments from the public on the side none for this item mayor okay uh council many comments or questions no movie referral move approval all right now okay move by council member eric the seven seconded by vice mayor uh i'll go ahead and call for a roll call vote councilmember navarro councilmember qb aye councilmember garland aye vice mayor keating yes councilmember eredato savage aye councilmember adams i and i vote i as well item 63 passes unanimously 7-0 the next item under the section is item which is to hold the second and final public hearing to adopted ordinance extending and increasing the corporate limits of the city of tempe maricopa county state of arizona pursuant to the provisions of title 9 chapter 4 article 7 arizona revised statutes as amended by annexing 17.332 plus or minus acres of properties located in an area south of east carry road west of north miller road and north of east gilbert drive i have any statements by staff on this are we good all right madam clerk uh any comments received from the public on this item nothing from the public on this side of mayor but i do have julian present okay great thank you so much um any members of council who wish to comment on this item move to approve yes mr mayor this is this is councilman member adams okay let's do this then comment sure listen there's a motion on the table i'll need to get a second first then i can go to council comments so there was a motion by my vice mayor keating to approve seconded by councilmember adams counselor adams i'll turn it over to you all second okay so thank you very much mr mayor i just want to thank i i want to thank uh vice mayor keating and councilmember navarro for their hard work and helping on this project i want to thank community leaders kim gaffney loza and darlene justice for their help i also want to thank charles humantle and the developer who took the risk on this project and is willing to uh to uh to go forward with it and finally i want to thank our amazing staff that uh carried the water for this project uh and i just really am excited to make this happen so thank you mr mayor thank you councilmember adams anyone else counsel any uh comments before we take a vote all right seeing that i'm gonna go ahead and take a roll call vote here council member navarro councilmember navarro hi councilmember cubie council member garland hi vice mayor keating yes councilmember aridano savage hi councilmember adams councilmember adams hi and i vote i as well that item passes unanimously seven to zero the next item under the section is item 65 which is to hold the second and final public hearing to adopt an ordinance for a zoning map amendment from ag to mu4 at a planned area development overlay to establish development standards a public hearing to adopt a resolution authorizing a zoning plan an authorized a general plan projected density map amendment from medium to high density which is up to 25 dwelling units per acre to high density limited which is up to 45 dwelling units per acre and a development plan review for a new four to five story development containing 651 dwelling units with commercial along with five live work units for banyan north tempe located at 1255 east carry road the applicant is hill mantle and affiliates a resolution authorizing the general plan amendment requires at least a two-thirds council majority vote which is five out of seven council members for approval is the applicant available to make a statement mr humental and i should also ask from council uh i know mr humano gave a a presentation during the first public hearing do we wish to have another one this evening or a brief one i'll make a motion to approve mr mayor without the presentation i would like to check at that mayor but i would just ask for uh just a fur transparency just a a short overview that sounds good okay thank you councilmember amber now to savage mr hillman all yes in fact in the first hearing i believe one of the council members has asked for a 45-minute presentation and so we're we're certainly prepared to give that but uh before i do i'm sorry that was four to five minutes very well council member dondo we listen we try to listen carefully so we can give that presentation as well but before i do um the council is very kind last uh last meeting and said some some nice things i want to say some things as well this has been a very difficult road a very challenging case bringing multiple owners in to the city of tempe we all know the history of how challenging that can be and i want to say that we wouldn't do it without leadership from a number of people and it's worth taking a few minutes to talk about uh because i think it's an important change in what is not part of tempe but is one of the worst areas inside of tempe and we're really proud to be able to be part of this transformation first councilman adams uh you and the mayor have been phenomenal in taking this this case and helping us all get to a place that's a win for everyone it's worth pointing out that about a year ago this was a case that staff didn't support and it looks like we will now get to a point where we have strong community support strong staff support and hopefully strong support from the council from a staff perspective we wouldn't be here without uh donna kennedy um and and so i really appreciate her support but also the community has been really involved kim gaffney and darlene justice and elaine caraway have all been willing to sit down with us take their time and help us come up with a project that works for everyone there have been others too but those three in particular have been really helpful one of the things i would like to say mr mayor and particularly council member adams one of the things that was a struggle for everyone is we understood and still understand the city's goals for housing and so this was a challenge because of the environmental impacts on the site the need to bring pretty outdated properties up to code and to do it in a way that creates the kind of environment that everyone wants this is not one of those projects unfortunately where we could make affordable housing a component of it however we have understood the goals and desires of the city we understand how important it is to the city i mean it was i think ms gaffney who pointed out that while it was maybe something she didn't want in her neighborhood uh in this particular project that this is a project that needed to move forward now rather than wait that it was important to even kim to find other ways to do it and because of that we are going to we are pledging here today to be part of of your hometown for all and so we'll be providing a voluntary donation as a result of that so that while we're meeting our goals and the city's goals for this piece the city can find other ways to move forward on its goals for affordable housing and really respect the council for making that a priority and and recognizing that maybe it can't happen in the same way in every case but finding a way that that we could move forward and also help that goal on this site i'm happy to provide the full presentation but as an overall summary and then i will turn to councilman eridando and member erdando and see if if that's sufficient you know this is a roughly 16 acre site the the site has been in the county for ever and it's it's really become dilapidated it has become as you heard from some of the neighbors in the last meeting a real source of criminal activity today the tempe police department and the tempe fire department don't have jurisdiction neither does code enforcement and so tempe isn't able to make this unsightly area live up to the standards that tempe uh we're also proud of in tempe and so instead we're proposing a residential project roughly 650 units and we really spent a lot of time working staff not only in the design of the building but i think equally important on the design of both miller and curry and some of the other streets and amenities we've added a dog park that will be open to the public but we've also really focused on on the pedestrian activity of course we're trying to create a great environment for our residents the people who will live in the building but we've also kept the focus on the appearance and the livability of the project for those who just happen to be walking by mr mayor members of the council i'm happy to give a more detailed presentation i don't want to overstay my welcome having heard such great things in the past but we do have a presentation we're prepared to provide if you'd like it thank you mr hule mantle uh i should i'll turn to council member arrow savage is that sufficient for you would you like a little bit more nope that's good mayor thank you sounds good just checking with you thank you all right um i know we've got uh darlene justice here who like to comment from the public uh can we elevate her to uh speaker certainly mayor i didn't have a speaker card for her so i'll get her elevated she got me right in the chat over here so i i saw her comment wanted to make sure i acknowledged her got it we don't normally manage the chat but right now i have her unmuted and darlene go ahead and take the floor hi thank you so very much i've been really frustrated i've been trying to to get in and it didn't seem to work but it did thank you mr mr mayor i really appreciate it absolutely i just want to thank you all i thank you mayor of tempe i thank the city council i thank jennifer adams for spearheading a lot of this i know she was told at some point under another administration it's never going to happen to annex and to build out starting in the county island i've lived in tempe for over 55 years i've watched this area go down and down and down uh the city uh to county island and we've worked very hard with north to b neighborhood association and surrounding neighbors to try to bring some sanity in the county island especially along gilbert there are good businesses in the county island but there's also a lot of negligent businesses and we have had real problems with homeless and they really aren't being served properly in this area either so um people coming down the 202 look over to the county island and think they're looking into tempe and they see this horrible graffiti which that maricopa county doesn't even have an ordinance against this is a huge thing for our community i want to thank you all i thank charles humantle for helping to put all this together i think the develop please excuse me the development is beautiful and i just want to take this chance to thank you all it's been a very long day in our household today so excuse my uh worstness uh i don't have the virus anyway thank you all very much and um i'm really proud to live in tempe today uh i probably and i would um i'm gonna try to speak at the end of the night on one other little thing but uh again thank you thank you mr mayor for letting me to speak and i'll try to get in at the at the end with the uh public comment thank you very much you got it thank you miss justice really appreciated and thank you for all of your uh work and stewardship of the uh north tempe neighborhood association in that entire region for uh so many years now so just thank you so much let's see here wanted to uh let's see matt clerk any other uh members of the public who wish to speak on this item not for this item there okay i'll go ahead and close the public hearing of a turn to the council and see if we have any comments or discussions from council members um i'll make a couple of quick comments just in case anyone wants to jump in a minute uh echoing a lot of what's already been said this evening i wanted to thank a few people uh first of all to uh councilmember jennifer adams uh for your hard work uh working on the not only the annexation but also the banyan project i know one of the first things you and i talked about when i started uh as mayor was you know cory this is really something that i want to get done i think it's going to be huge for the neighborhood uh they clearly want it to happen and i really support it and i know you threw a lot of uh weight and support behind getting this done so i wanted to thank you for first having that conversation with me uh and for obviously really staying true to this and really continuing to push uh until this got done i do think this is going to be a real game changer uh for north tempe um to uh darlene justice and kim gaffney loser uh why i spoke with uh very directly about this i know uh elaine caraway as well just wanted to thank them for their advocacy they've all been very active in the north tempe neighborhoods for such a long period of time uh and this is one of those really good projects that i do think is going to help to transform that county island area and it's going to help to really continue to uplift the entire region so i wanted to thank them for their support and for uh continuing to sort of forcefully uh but very politely advocate for the council for the change they want to see in their own neighborhood i really appreciate all the times i get a chance to meet with them and i just really appreciate their support of this project uh and also to charles hillmantle for uh putting this together i mean obviously uh this hasn't been done because it's a project to put together um and so the fact of the matter that you were able to work with uh with your client and to work with the neighbors in north tempe to actually get this across the finish line just wanted to thank you for your uh stewardship and making sure that we put together a good deal uh on behalf of the client but obviously most importantly on behalf of the door tempe neighbors who wanted to thank him as well publicly um anyone else from council want to speak on this item so here's the deal we've got actually interestingly enough we have three votes on this item which is actually a little bit different than we normally would do um i don't know if we and also i think let's say counselors if we're not speaking can we mute four seconds but i'm hearing some background that's okay so the first vote here is going to be on the zoning map amendment and the planned area development overlay so i'm going to ask for a motion on the ordinance for a zoning map amendment and a planned area development overlay and then a second so i heard the motion was made by councilmember devaro do i have a second second seconded by ice bear keating all right uh so i'm gonna go ahead and call for a roll call vote council member devorah councilmember qb aye councilmember garland hi vice mayor keating yes councilmember aridando 7 hi councilmember adams councilmember adams thank you mr mayor i is that an eyeball adams just looking for an eye an eye vote from you hold on one second here i apologize everyone watching for some of the technical difficulties this evening we've uh never had these kinds of challenges but we're going to work through it so i'm just going to go to uh councilman says one more time for you whatever are you an eye on the project here hi mr mayor yes mr ching i'm looking i i i see that she's not one of the panelists at the moment she might be restarting her connection or something like that so might just be a second okay give me one just give me one quick okay i'm gonna hold the vote for one more minute here just to let her get back in okay i'm gonna have to go ahead and move forward then here um so that mo so i vote i as well that motion passes six to zero okay second vote here is the second of the general plan projected density map amendment i'm going to go ahead and ask for a motion on that one removed move by council member devorah do i have a second second seconded by council member arredondo savage i'm going to go ahead and call for a roll call vote councilmember navarro all right councilmember cubie aye councilmember garland aye vice mayor keating yes council member arredondo savage hi and let's see uh it's councilmember adams back in not yet mayor oh yep i got a yes okay perfect uh so i'm going to go ahead so i get an i there so that and i vote i as well that motion passes seven to zero question actually too um madam clerk uh councilmember adams also indicated she meant to vote yes on the previous item with that would that work to record it that way we can amend that record okay it's great so let me just go back and just quickly say for the record that the first vote there uh passes seven to zero and the second vote passes seven to zero and then the third vote here is for the development plan review i'm going to ask for a motion on the development plan review so moved moved by vice mayor keating do i have a second second seconded by councilmember garland i'm going to go call for a roll call vote councilmember tavaro hi councilmember cubie aye councilmember garland aye vice mayor keating yes councilmember arredondo savage hi councilmember adams has indicated she votes i as well and i vote i2 and that motion so that means item 65 all three motions pass unanimously seven to zero thank you very much mayor thank you very much council thank you so much mr gilman next up is item 66 which is to hold the second and final public hearing to adopt an ordinance for a co-text amendment consisting of changes with the zoning and development code section 3-426 medical marijuana and other related sections for the regulation of recreational marijuana in compliance with the smart and safe arizona act for marijuana initiative proposition 207 the applicant is the city of tempe does the staff care to make a statement on this item mayor thank you ryan levick here with deputy director of community development planning division um at the first hearing we had some input comments from councilmember qb regarding uh the medical marijuana separation requirements for cultivation facilities the question was asked is to look into what the separation requirements or availability of land would look like if we remove the separation requirements from the cultivation facilities and in just a second i'm going to share my screen and show you uh we've provided as part of the attachments in the updated packet are you able to see on my screen yes ryan okay so this map represents the current separation requirement for medical marijuana cultivation it shows the land area in gray that's available for cultivation as currently drafted or as currently written in the code cultivation facilities are allowed to cluster and be near one another so there's no separation requirement from one cultivation to another and this accounts for approximately over acres of land available within the city of tempe for cultivation only facilities in general industrial and heavy industrial zoning districts if we were to remove the separation requirements and still allow the cultivation facilities in general industrial and heavy industrial zoning districts this map depicts the areas that would be eligible for those locations in tempe which accounts for close to 5000 acres of land available staff is recommending uh in concert with the city attorney's office that we seek action on the current draft ordinance as presented but if council wants to consider moving forward future direction on the changes to medical marijuana cultivation facilities we can certainly bring that item back for a future co-text amendment and adoption request thank you and if you have any questions at this time i am available thank you ryan uh dude matt o'clock i'm going to ask for the council were there any comments uh received the public regarding this item mayor i do have one request to speak from andrew myers okay sounds good mr myers uh feel free to go ahead whenever you're ready your microphone should be thank you thank you mr mayor uh members of council i appreciate the opportunity to speak my name is andrew myers i'm representing copper state farms who recently acquired a marijuana dispensary and cultivation facility at 2424 west university i'm here to support the ordinance and the proposed zoning changes and i just want to thank uh staff and council um ryan in particular uh for a thoughtful and diligent effort in creating uh what we think is a truly fair and equitable regulatory framework and uh we really look forward to our future with the city of tempe so thank you very much for all of your effort much appreciated great thank you andrew really appreciate it all right uh council any members want to uh address this item comments are discussed oh mayor this is robin i i just want to say thanks for the work and um i'm happy to move approval of the way it's presented but not opposed to looking at you know maybe within a year and see what happens if there's changes to be made but um yeah i'd like to make a motion that we move forward as staff recommended thank you second thank you okay uh moved by councilmember aridano savage seconded by vice mayor keating i'm going to go ahead and call for a roll call councilman mr mayor i have my hand sorry i had my hand up before oh i'm sorry i didn't see it go for it yeah i just want to thank ryan for doing all that work and uh knowing that we have 12 a capacity of 1200 acres that's wow that's a lot and 5 000.

i don't see the need to move to that and i also learned recently that if you increase cultivation you don't necessarily bring in more tax dollars because you tax at the point of sale not at the point of where you grow it so that also cemented um my understanding so i am happy to support this so thank you great thank you councilmember qb sorry about missing you earlier um okay i'm gonna go ahead and call for that roll call vote again uh councilmember navarro hi councilmember qb aye member garland aye vice mayor keating yes council member donald savage aye council member adams hi and i vote i as well item six c6 passes seven to zero the last item under the section is item 67 which is to hold the second and final public hearing to adopt an ordinance for revisions to the tempe city code by adding a new chapter 22a for the regulation of marijuana on public property is staff available to make a statement on this perhaps ryan thank you mayor this is this is judy uh the city attorney judy bowman if that's okay i'll go ahead and introduce this or perhaps judy thank you mayor i wanted to let the mayor and council the public know that this proposed regulation for regulating the use consumption possession of marijuana on public property is consistent with state law and other local jurisdictions we have looked at the cities of chandler gilbert scottsdale and mesa and i also wanted to let the folks know that we have commander hill from the tempe police department as well as vanessa cuevas our police legal advisor available should any questions be raised thank you great thank you so much judy really appreciate it um madam clerk any uh comments received from the public on this item mayor i do have one comment card to be read into the record okay comes from mr david sokolowski resident of tempe he writes based on the language of this law ten people criminalize possession of marijuana on city property like bus stops the usa has a long history of using laws like this in combination with stop and frisk to target and discriminate against black people and people without housing due to recent events in tempe and the necessity of a police advisory board i am concerned how this law will disproportionately impact some members of our community the city should adopt policies that reduce the harm of drug use in society we must focus on safe responsible and appropriate strategies when adjusting to legalization of marijuana for example free bus rides on 420 would discourage dui through policies that focus on harm reduction versus punishment we can be more effective at creating safe and open spaces for communication that allow our community to effectively address drug use in our society without criminalizing some of our most vulnerable residents tempe police would be using valuable resources to stop and frisk people for having a marijuana edible and that doesn't seem to be consistent with the goals of the police advisory board and that's it mayor great thank you so much all right uh council any comments or discussion on this item so it's a civil misdemeanor it's not criminal is that right um maybe judy could answer that i i don't believe it's a it would be a criminal violation madam city attorney can you address that sure thank you i'm sorry i'll go ahead and also what is the amount of the misdemeanor uh what would it cost and is it for someone possessing or someone using in a public space thank you council member so the prohibition on public property i'm sorry are you speaking oh okay the prohibition on public property includes possession smoking consuming sale or distribution the storing cultivation manufacture or production of marijuana marijuana products on property that is occupied owned controlled or operated by the city this would also prohibit smoking marijuana in an open space or in a public place in the city which is again consistent with the language of the smart and safe initiative that has passed so the penalty is a class one misdemeanor a set forth in the tempe city code section 1-7-a and um i'm sorry what what was your other question i think the question about i think the question was uh is it is it a civil or criminal penalty and what is the amount of the fine yes so it is a class one misdemeanor and i believe that could result in a fine up to twenty five hundred dollars i will defer to commander hale if he has um additional information at the ready yeah i don't have any additional information regarding the fine that would be set by the courts but it's anywhere from zero as judy said up to 2500 well um mr mayor then i i would like to voice objection to that i just if you're possessing marijuana it's legal to own it and if you're possessing a bottle of wine on a city bus would you would there be a violation or a civil misdemeanor that doesn't seem to make sense to me but perhaps you can explain it more commander hale why possession using why is possession something to be punished for a um possession of cannabis which would be legal american council we've been working with the industry we recognize that in terms of whether citizens have voted to support the legalization marijuana and working with the industry collaboratively to adopt these responsible zoning and other regulations to support the healthy growth of the industry this is one of the regulations that we've tried to adopt that is not only consistent with other other jurisdictions but also consistent with the arizona safe and final parts of the arizona smart city arizona act so we are proposing that this is just to be consistent and it brings about the safety for everybody involved including the citizens who were voting for the regulation and those that did not as well as bring safety and reduce liability for the city so why wouldn't that does phoenix also follow that same path the city of phoenix because that wasn't mentioned as one of the cities that has taken up a similar kind of prohibition thank you councilmember um several of the cities that we looked at are in different stages of proposing legislation regulations if you will and so the ones that we found that had gone through the process already and that we could report on uh more chandler gilbert mesa scottsdale it is possible that um the city of phoenix may have something proposed but i don't know if they have actually voted on or adopted that yet we can certainly look into that and report back well um mr mayor i just like to conclude i have genuine concerns what about a low-income resident who is taking the bus to a facility uh and purchases cannabis and then gets on the bus and somehow gets a civil misdemeanor for possession like to me what you're concerned or we're most concerned about is possibly used you don't allow people to drink from an open container on a bus you don't allow people to drink in a park without a permit so i just have a real concern that this could be used and would disproportionately affect people who are um we'll ride ride our transportation system for one so i mean i'll be voting no but i would maybe hope we could continue this to look at this more seriously because i'm very concerned about how cannabis which is legal could be um you could get up to a 2500 fine for for possessing some on a bus on a city bus thank you councilmember qb um let me just ask um perhaps ryan um is there a is this on a specific deadline right now like if this is not approved this evening uh just by chance is that going to create some kind of an issue in terms of our compliance i mean i'm assuming no given the fact that you know as our city attorney said that there are still other uh jurisdictions that are in the process of frankly working on this right now so i'm assuming that we might even be a little bit ahead of where they are so i'm just curious as to like from a timing standpoint uh you know if this happens to be delayed to the march 25th meeting is that going to cause some kind of major interruption or get us out of compliance sure mayor members of the council we certainly met our timing deadline expectations with the inaction of the zoning changes related to the kotex amendment and maybe judy can speak on whether or not there's any concerns with delays regarding the enforcement aspect of the city code sure thank you for that ryan if it is the consensus of the council to postpone this uh vote until march 25th we would have no concern or objection to doing that and we could provide additional information to the council with regard to other jurisdictions at that time okay thank you judy uh any other members of council any comments or questions on this item mayor yes uh kevin yeah i would just move to postpone this until the next council meeting and uh get some further information okay uh if it's been moved to uh postponed this till the next meeting by councilmember navarre do i have a second second seconded by council member cubie go councilmember garland hi vice mayor keating yes councilmember arredondo savage hi councilmember adams councilmember adams that i vote i as well uh given the fact this is only a continuation that that item passes six to zero with counsel for adam's absence and we'll just continue that item until the march 25th 2021 meeting all right next up item number seven uh current events council announcements and future agenda items i'm going to go ahead and call on uh council member navarro thank you mayor i want to wish you mayor happy valentine's day and the citizens of tempe i also want to wish my wife a happy birthday which is on valentine's day which means i have to pay for two things thanks thank you councilmember navarro i love you too uh councilmember qb nothing mr mayor stay safe everyone thank you councilmember councilmember garland nothing mary thank you thank you councilmember adams vice mayor keating nothing for me mayor thank you thank you councilmember aridando savage well i got a 45 minute presentation mayor i hope you don't mind let's do this okay are you ready then no i i just have one quick announcement not other i mean obviously joel being the suck up that he is happy valentine's day mayor to you and to all my colleagues and everybody out there hope you have a nice safe fun valentine's day um but you know i know everybody is you know struggling right now and i think one of the things that uh you know i just want to remind people is the city of tempe does a lot of things really well and i know a lot of our families and individuals you know are suffering with somebody in their in their life that has dementia and uh us being a dementia friendly tempe i don't want people to forget that we have a lot of resources and information and can answer all the questions that you may have and so please don't you know do please don't hesitate to reach out uh to this to the city and to our individuals i can certainly help we have a workshop coming up on 310 that's going to talk about driving and dimension i know that's always kind of an issue and tempe accelerates which is really good you can learn a little bit about what our programs are doing selectively to really make change in our community and i would encourage people that maybe hasn't had an opportunity to sit in on a tempe accelerates to take that time to do that now that it's virtual it's kind of one of those things that i think everybody can take a part of and it's really just good to see the moving parts of things that we can do uh to really accelerate our our programs and make different changes in in tempe so i just want to remind people that uh you know dementia happens everywhere and if you know somebody or have a loved one um and you're a caregiver or whatever it may be and you have some questions or concerns that need some help and assistance you know please remember uh to to lean on us and that's why we're here so thank you mayor thank you councilmember arredondo savage uh i don't have any announcements uh next up uh item eight is public appearances so matchmail was scheduled under public appearances this evening however he advised me yesterday he wished to be removed from scheduled public appearances portion of this meeting uh i was going to ask um our city attorney and our city clerk are we able to take unscheduled public appearances right now mayor we can and this is a public announcement i do want to note that we do usually ask for a speaker card to be submitted via tempe.gov forward slash clerk verbally earlier miss justice did request to speak at the end of the meeting and that'll be up to your discretion mayor but for open meeting law purposes and record keeping we do require those speaker cards normally okay sounds good madam clerk thank you appreciate that i was today uh yeah we can definitely let this justice speak uh we won't be able to engage on this item since it would be an unscheduled public appearance but uh i can recognize this justice as soon as she's ready to go forward thank you you had three minutes so thank you very much again i want to thank you for item 5c 10 which was not a public item uh and and that but that's for mr ken singh his wife lee and his son kr singh meadows is a new contract and i really really thank you so very much i think that's going to help us keep him in north tempe for a tip for us and for everybody right now he's he will have the ability to have events and dinners concerts glamping uh he's going to have an area where he can plant actually maybe sporting events and different community events this is really really important because mr singh has organic fruits and vegetables we all need things like this this is a pandemic that's been going on i i was a little upset earlier i'll tell you i have a granddaughter who's has a little grandbaby who's 18 months old my granddaughter is in the hospital right now getting rim disappear she's got the virus and thank god that they're going to give her this and send her home i was overseeing mr singh earlier today not knowing that my granddaughter that this was going forward with her but i've he he blessed me with some of his wonderful organic fruits and vegetables from my daughter who you all know i have a daughter too that's going through things every one of us we're all above ground thank god and thank god for people like mr singh thank god for people like you mr mayor and city council people for giving us a wonderful place to live in tempe thank you again for your votes thank you for the unanimous vote and thank you lauren for and that too for the development in the county island i'm not going to take any more of your time but i just wanted to say and and i'm sorry that i didn't fill out a card i signed up this morning but i thought i was going to get back earlier today and and do that so i've been scrambling trying to get on and and i thank you very much for giving me this opportunity and happy valentine's to all of you because it's looking up for us too thank you thank you miss justice happy valentine's day to you and bill as well thank you but that said we don't have anything left on the agenda so we're going to go ahead and adjourn at 7 50 p.m council we still have an executive session to finish so let's go ahead and switch over to our next platform