Tempe Council Deadlocks on Marshall on Spence Student Housing; Grants Six-Month Continuance After Year-Long Debate
TEMPE, ARIZONA — June 5, 2026

Tempe Council Deadlocks on Marshall on Spence Student Housing; Grants Six-Month Continuance After Year-Long Debate

Tempe City Council meeting featured contentious split on Marshall on Spence 105-unit student housing project with council divided over housing supply vs. neighborhood traffic concerns, ultimately granting 6-month continuance; approved Legend City District rezoning and multiple zoning/code amendments.


Tempe Council Deadlocks on Marshall on Spence Student Housing; Grants Six-Month Continuance After Year-Long Debate

The Tempe City Council divided sharply on Wednesday night over a 105-unit, seven-story student housing project on East Spence Avenue, with Council Member Randy Keating championing housing supply against mounting community opposition and fire-code constraints, ultimately granting applicant Aptitude Development a six-month continuance to redesign. The vote—6-1, with Mayor Corey D Woods alone voting no—came after the applicant presented a heavily revised design featuring terraced facades, zero exits onto the narrow Spence corridor, and shuttle-ready amenities, yet fell short of the threshold Doreen Garlid and Council Members Arlene Chin and Nikki Amberg had signaled would secure their support.

The project at 1026 East Spence Avenue represents the collision of Tempe's stated housing goals and neighborhood-scale livability concerns in an infill corridor. The site, currently occupied by 1970s-era Tempe Palms Apartments (38 units), sits directly south of Aptitude's recently completed Phase 1 project on Apache Boulevard. Staff recommendation and Design Review Committee (DRC) approval notwithstanding, the application exposed fissures in the council's growth philosophy as new council members prepare to take office July 1.

Key Speeches

"I see where the tea leaves are going here, and I know how to count, but I just wanted to go on record and say that I do think this project should be approved. Staff has approved it. DRC approved it. They have gone out of their way to address concerns and have been good partners. My heart breaks for people under 40. We talk about a generation that can't afford to put a roof over their head, that can't afford to have kids, can't afford to get married, can't afford to start a family. If we can't approve this project here—on Apache, off the streetcar, off the light rail—you know, it just makes me sad." — Council Member Randy Keating

"This project is really good-looking and I appreciate what the developers have done in trying to make it work. It's just not right for this space. That street is not just residential. It's a narrow residential street. And even though you did put the two parking spots out there for Whimo, for Uber Eats and stuff, that's not where they're going to go. They're just going to stay on Spence and wait for the person to come down and get their food. And that's going to effectively turn Spence into a one-lane street." — Nikki Amberg

"I appreciate the fact that you're saying that people aren't going to exit, but those two spots out there, that traffic is going to go crazy. I sat on Spence four different times at four different times of day just to see what that traffic was going to look like. I've watched a car parked out there waiting for somebody. If you were to take this back and come back and put that first level at three and you do your stair step back, I would be much more likely to consider supporting it." — Doreen Garlid

"We've addressed every concern that you guys made last summer and we've addressed every concern from the community group. At a certain point, if we continue to make concessions, the building is going to look like the building that's there today. I don't think that is what anyone wants. I think we want to make the highest and best use of the land." — Zach Feldman, Aptitude Development

Timeline

Opposition

Number of speakers against: 3 (Phil Amarosce, Christian Curry, plus one virtual participant).

Main concerns:

  1. Traffic and street capacity: 269 bedrooms and only 89 parking spaces (0.33 ratio) on a 32-foot-wide, two-lane neighborhood street. Spence Avenue serves as a blocked-in thoroughfare for seven other streets and neighborhoods east of railroad tracks; ride-shares, deliveries, and move-ins will overwhelm the street despite "zero exits" claim.

  2. Parking-overflow spillover: Two 15-minute parallel-parking pullover spaces are insufficient; delivery vehicles (Uber Eats, Amazon, Whimo) will park illegally on Spence, creating effective one-lane congestion similar to Veterans Avenue apartments.

  3. Building-scale incompatibility: Seven-story, 90-foot height with minimal setbacks (34 feet from curb) incompatible with surrounding one-, two-, and three-story neighborhood character and existing apartment buildings on Spence and Apache, which are all four stories or fewer.

  4. Fire-code setback insufficiency: Fire ladder access constraints limit meaningful terracing; lower first-tier (three stories instead of four) would permit deeper stepbacks and more human-scale pedestrian feel, but applicant claims fire code prevents this.

  5. Density abuse and general-plan violation: 105 units on less than one acre exceeds General Plan 2050 target of 65 units per acre. MU4 zoning designation obtained via 120-square-foot ATM "retail," which one speaker termed "an abuse" and "a joke"—violating spirit of mixed-use zoning.

  6. Minimal neighborhood benefit: Project exclusively student housing (rentals, not ownership), with only 17% affordable workforce units. No affordable housing for permanent residents. ATM retail serves no neighborhood needs. Less landscaping (20% versus existing lush flood-irrigated setting) during Arizona heat crisis.

  7. Lack of genuine community engagement: Only 3 of 24 letters of support were from actual property owners; remaining 21 were renters/tenants with no long-term stake. No meaningful neighborhood listening sessions held since June 2025 despite council encouragement for dialogue.

Most compelling arguments: Christian Curry's assertion that after 364 days and five continuances, the project remained "almost identical" to last year's proposal—traffic "cosmetic patch" on an underlying density problem; Vice Mayor Garland's personal observation of Spence Avenue traffic congestion at multiple times of day, contrasted with applicant's traffic modeling.

Organized opposition: Safe Shalomar Campaign (separate item), Christian Curry representing former residents of nearby Tempe Micro Estates.

Support

Number of speakers in favor: 4 (William Rodriguez, Peter Mains, Noah James Markham, Chris Plit).

Main themes:

  1. Housing supply imperative: Tempe faces significant housing demand; infill projects on transit-rich corridors (Apache Boulevard with streetcar and light-rail access) are "smart planning" and essential to economic vitality and affordability.

  2. Phase 1 success: Applicant's recently completed Marshall on Apache project is "amazing," well-executed from ground up, and demonstrates developer competency.

  3. Appropriate zoning corridor: Tempe's General Plan 2050 redesignated the Apache-Spence block as mixed-use urban to support higher-density development. Project aligns with city vision.

  4. Pedestrian connectivity: Project provides direct pedestrian access to Apache transit benefits and reduces pressure on single-family neighborhoods. Only this developer can create internal connection between Phase 1 and Phase 2.

  5. Parking-ratio reasonableness: 0.33 parking spaces per bedroom is appropriate for transit-rich location and student population with lower car ownership.

  6. Retail-location realism: Spence is not a retail destination (high Apache vacancy and turnover); 120-square-foot ATM is honest acknowledgment of neighborhood context rather than speculative retail that would sit vacant.

Most compelling argument: Randy Keating testimony that housing crisis disproportionately affects under-40 demographic; his own home purchase at $235,000 (2015) would exceed affordability today despite doubled income, illustrating generational wealth crisis that infill housing projects address.

Letters of support: 25 letters received (24 announced initially, one late submission), including two neighbors directly south of project "who every time they look out their window or walk outside would see this project are in favor of the project."

Project Details

Vote Breakdown

Outcome & Next Steps

The Marshall on Spence project was granted a six-month continuance, expected to place the next hearing in late December 2026 or early January 2027 (exact date to be determined by staff publication procedures). The applicant accepted the continuance and pledged to work with incoming council members taking office July 1, 2026 (Council Member Elect Brook St. George and Council Member Elect Bobby Nichols, both congratulated by Corey D Woods at the start of the meeting). Vice Mayor Garland signaled that if the applicant reduces the first-tier height from four stories to three stories and implements deeper step-backs compliant with fire code, she would be "much more likely to consider supporting it." The Fire Marshal was directed to provide detailed fire-code analysis of the seven-story configuration and its ladder-access feasibility to inform any future redesign. No conditions were imposed on the continuance beyond the opportunity for new council members to weigh in and applicant to address fire-code and neighborhood livability concerns.

Controversies & Context

Housing crisis versus neighborhood livability: The Marshall on Spence debate crystallized Tempe's tension between addressing housing shortage (especially for renters and under-40 demographics) and preserving neighborhood character and street functionality. Randy Keating framed housing as a generational equity issue; Arlene Chin, Nikki Amberg, and Vice Mayor Garland countered that density-for-density's sake without addressing traffic and human-scale design failures the neighborhood. Corey D Woods' solo "no" vote suggested adherence to the prior year's council pledge that this would be the "last" continuance, but the 6-1 result overrode his objection.

Fire-code constraints on design: A secondary controversy emerged regarding the Fire Marshal's involvement and approval thresholds. Applicant claimed fire-ladder access off Spence Avenue necessitated the current step-back configuration; Vice Mayor Garland and Nikki Amberg challenged whether a three-story first-tier would truly violate fire code. The City Attorney deferred to the Fire Marshal, noting the applicant had not yet submitted a formal fire-code analysis. This unresolved technical question may shape the applicant's redesign during the six-month continuance.

Retail-activation checkbox: Arlene Chin explicitly criticized the 120-square-foot ATM as a violation of mixed-use zoning intent—reducing a public-benefit retail space to a compliance checkbox. Applicant countered that Apache Boulevard has high retail vacancy and turnover, making speculative retail economically unfeasible. The debate reflected broader tensions in Tempe over whether MU4 zoning should mandate neighborhood-serving commercial even in locations unsuitable for it.

Community engagement authenticity: Christian Curry challenged the legitimacy of the 25 letters of support, asserting that only 3 were from actual property owners and 21 were from renters with no long-term neighborhood stake. Applicant countered that the "vocal minority" of organized opposition should not drown out the "private majority" represented by letter-writers reluctant to speak publicly. This controversy surfaced broader questions about whose voices count in land-use decisions: property owners or residents (renters) more broadly.

Separate controversy—Shalomar ADU strategy: During public appearances (Item 6), Carl Strife (president of Safe Shalomar Campaign) thanked the council for supporting the neighborhood's successful opposition to a high-density rezoning for developer Brandon Lombardi (BB Living). However, Strife warned that Lombardi has signaled intent to build 160 homes on the property using SB 2720 ADU provisions—one house per acre (zoning-allowed) plus three ADUs per parcel, all rental. Strife characterized this as "an egregious misuse of SB 2720" and an end-run around neighborhood input. The council acknowledged the concern but took no action. This issue represents a post-rezoning-denial threat: if the ADU strategy proceeds, Shalomar residents vowed to oppose it.

Historic preservation and ownership transfer (First and Farmer): A separate first hearing (Item 8B3) addressed transfer of property interests and amended development agreement for the Gonzalez Martinez House at First Street and Farmer Avenue. Darlene Justice testified strongly in support, noting that prior joint city-developer efforts had stalled; transfer to a single owner is expected to unlock preservation and development. Justice also praised the council as "a great team" and criticized unnamed "people slandering" Corey D Woods, framing the issue within broader confidence in city leadership. The second and final hearing is scheduled for June 11, 2026.

Duration

Other Notable Items

Legend City District rezoning (Item 8C2): Four-building mixed-use residential/live-work development at 1600 North Priest Drive rezoned from commercial to MU4 with unanimous approval (6-0 on General Plan amendment requiring four of six votes; 7-0 on zoning and PAD). No public opposition or testimony. Applicant: Kendall Design Collaborative. Second and final hearing completed.

Shalomar neighborhood victory and ADU threat: Safe Shalomar Campaign successfully defeated high-density rezoning for developer Brandon Lombardi (BB Living); however, community leaders warned that Lombardi may pursue 160 homes via ADU strategy (SB 2720 loophole), representing one house per acre plus three ADUs per parcel, all rentals. Council acknowledged concern but took no formal action. Community pledged to oppose if developer proceeds without compromise.

TOD parking update (Item 8B2): First hearing held on text amendment reducing parking requirements in Transportation Overlay District (Part 5, Chapter 6). Peter Mains testified in favor, calling parking requirements "a tax" on homeowners, renters, and businesses, especially problematic in dense downtown. Emphasized need to commit to transit support for car-light lifestyle. No opposition. Second and final hearing scheduled June 25, 2026.

First and Farmer LLC historic preservation (Item 8B3): First hearing held on transfer/abandonment of property interests and amended development agreement for Gonzalez Martinez House. Darlene Justice testified strongly in support; transfer to single owner expected to unlock preservation and development. Corey D Woods acknowledged city manager Rosa Chow's commitment to historic preservation. Second and final hearing scheduled June 11, 2026.

Zoning and development code amendments (Item 8C3): Second and final hearing on comprehensive updates to Part 4 Chapter 9 and Parts 3-7 (land uses, accessory structures, use permit standards, parking, landscape, lighting). No public testimony or opposition. Approved 6-0 with Jennifer Adams absent. Routine housekeeping.

Tempe Construction Code adoption (Item 8C4): Second and final hearing on ordinance repealing Chapters 8 and 14 and adopting comprehensive Tempe Construction Code. No public testimony. Routine code consolidation. Approved 7-0.

Downtown Enhanced Services Improvement District assessment (Item 8A1): Fiscal year 2026-27 annual assessment levying. No public testimony. Approved 6-0.

Security services contract renewals (Item 8B2): One-year renewals with Allied Universal Services, Team Security, and Windom Security Strategies for armed/unarmed security at city locations. No public testimony. Approved 6-0.

View source transcript ▼

Source: Tempe City Council - June 4, 2026 — June 5, 2026. Auto-generated YouTube transcript; may contain transcription errors.

Good evening everyone. Welcome to the Tempe City Council regular council meeting agenda. Just a couple of notes here. Uh Council Member Keading is attending virtually this evening. Council member Adams is also attending virtually this evening and Council Member Hajj is on her way. She's stuck upstairs doing something, but she will be here shortly. So, let's go to item number one, call to order. Council meetings can be watched in real time via Cox cable channel 11 and at tempe.gov/temp1.

Members of the public may also attend the meeting through m 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 the 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 these 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 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 is your turn for public comment.

I'd now like to invite everyone who's able and willing to stand uh to join me in a moment of silence followed by the pledge of allegiance. Thank you. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Thank you very much. We're now going to play a video conveying the city of Tempy's native land acknowledgement statement. So, we can't hear.

And there's like there's like another voice overlaying from memorial. The ancestral land of the Aamage stretches far beyond the boundaries of our city. The landscape is sacred to them, embodying cultural values that are integral to their identity and way of life. The autoipage continue to maintain a deep spiritual connection to this land. We embrace the responsibility of caring for these places and vow to uphold this commitment in all our actions. Great. Thank you very much.

Jason, if we identify what that sound might have been, just want to make sure it's not playing during the broadcast. So that came from. Okay. I don't know if anybody could hear it out there, but it was a combination of sounded like two separate videos. So, all right. So, all right. Next up, item number four. Uh, our meeting minutes were going to be assisted this evening by Council Member Keating. Council member Keating. Thank you, Mayor. I move we approve item 4 A1.

It's been moved by Council Member Keating. Do I have a second? Seconded by Council Member Chin. Please vote. Yes. Okay. And that item passes six to zero with council member Hajj absent. Next up, item 4B, acceptance of board, commission, and committee meeting minutes. Council member Keating. Thank you, Mayor. I move we approve items 4B1 through 4B11. Okay. It's been moved by council member Keating. Do I have a second? Seconded by council member Amber. Please vote. Yes. and council member Chin.

Oh, and that item passes six to zero with council member Hajj absent. Next up, I'm going to move a couple of items out of order uh this evening just to make sure we can get to a couple of things. The first item I'm going to move up is the consent agenda, which is item number seven. 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 council the city clerk will provide the council member with a disclosure form.

If you wish to speak on a public hearing item, please fill out a speaker card and submit your completed card to the city clerk prior to the agenda item coming forward for council discussion. I will call your name when it's your turn for public comment. This evening, the consent agenda is listed as miscellaneous items 7A1 through 7 A2, awards of bids and contracts, items 7B1 through 7B14 and resolutions items 7C1 through 7C10.

Just also want to note that I'm going to be pulling items 7C1 for separate consideration. Once again, any agenda item designated 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, council, any other items other than 7C1 that you'd like to have removed for separate consideration. Okay.

Seeing none, um can I have a motion on the consent agenda then with the exception of item 7C1 which is being removed? Uh it's been uh moved by Vice Mayor Garland. Do I have a second? Seconded by Council Member Amber. Please vote. Yes. I And that item passes six to zero with Council Member Hajj absent. That takes me to item 7C1, which is to adopt a resolution declaring the canvas of results for the May 19th, 2026 city of Tempe general election.

I just wanted to remove this for separate consideration. One of the CFR uh two new council members elect, I see Brook St. George in the back and uh council member elect Bobby Nichols, if you wouldn't mind standing up for a second.

just just wanted to uh on behalf of the entire council here congratulate you on your VICTORIES and we look forward to serving with you coming this coming July 1st in about a little less than four short weeks I guess but thank you for both being here this evening and once again congratulations with that being said anyone else any other comments or if not I can also look for a motion okay it's it's been moved by Vice Mayor Garlanda do I have a Seconded by council member Chin. Please vote. Yes.

I And that item passes six to zero with council member Hajj absent. All right. That means I'm going to go back to item five here, reports and announcements. First up, item 5A, mayor's reports and announcements. And I have a few this evening read. All right. Um maybe if the council would like to join me down to the front since there's a few fewer of us here. So a little bit more room. Thank you. All right. First of all, here item 51, Pride Month proclamation.

So, I'd like to invite our Tempe Pride members to join the council here. Come on down. And the beautiful Tempe Pride T-shirts. All right. So, this proclamation reads, "Whereas the city of Tempe is deeply committed to equality for all." And whereas throughout history, the LGBTQ plus community has fought tirelessly for equality and the rights and protections they deserve at home, at work, and in the public.

And whereas the fight for LGBTQ plus equality continues across Arizona, the United States, and the entire world. And the city of Tempe is a committed partner in this effort. And whereas in 2014, the Tempe City Council established protections for LGBTQ plus individuals from discrimination at home, work, and in public spaces, which were then enshrined by voters in 2015 in the city charter by an overwhelming majority.

Since the passage of these protections, the city of Tempe has received a perfect score on the human rights campaign's municipal equality index. And whereas the city of Tempe has an LGBTQ plus alliance called Tempe Pride and celebrates the great diversity of our employees, including those identifying as LGBTQ plus and joins them in celebrating Pride for who they are.

And whereas Tempe will proudly participate in pride events throughout the region with dignitaries, public safety officials, and city employees, all unified to support the LGBTQ plus community as they remember their history and commit to continuing the work towards true equality for all people, no matter who they are or who they love.

And whereas the city of Tempe is proud to celebrate Pride Month with the help of the downtown Tempy authority who is showing their support with special pride flags installed on lamp posts along Mill Avenue and the organization of the annual Tempe Pride Party which I will note is also this Saturday evening. Now therefore, I Corey Woods, mayor of the city of Tempe, Arizona to hereby declare June 2026 as Pride Month in Tempe, Arizona. Good. All right. Big smiles. Don't blink. One, two, three.

Like that. Don't blink. Don't blink is so funny. Yeah. It's funny that the human instinct when everybody says, "Don't blink." All I want to do is blink. Oh my god. Good. All right. NEXT UP, ITEM 5 A2, our Junth proclamation. So, I'd like to invite the African-American Advisory Committee members to join us up front if you are here. So this proclamation reads, "Whereas President Abraham Lincoln signed the Emancipation Proclamation on January 1st, 1863, formerly abolishing slavery.

And on June 19th, 1865, after two and a half years, the executive decree was finally fully enforced throughout the Confederate States when Union soldiers arrived in Galveston, Texas to ensure all enslaved people were declared legally free.

And whereas Junth has been called the second independence day for the United States and began a post-emancipation period where formerly enslaved people began the brutal journey of reunifying families, obtaining education, acquiring private property, and running for elected office. And whereas Junth is a day on which we as a society pay honor to those Americans who were enslaved and recognize the evils of slavery and how its aftermath has shaped our nation.

And whereas Junth is also a day of reflection and renewal as we show appreciation for the many valuable contributions and sacrifices made by African-Americans to our society.

And whereas the Tempe African-American Advisory Committee through the support of the Tempe History Museum, the Tempe Black Employee Alliance, and the Diversity, Equity, and Inclusion Office work together to celebrate Junth and honor our state and nation's strong African-American heritage and remember the lives of those who were enslaved as part of that history.

And whereas the transformative work of equity, inclusion, and reform must be shared by all in order to ensure the unalienable rights of all people to life, liberty, and the pursuit of happiness. And whereas Tempe recommits itself to the values of inclusion, equity, justice, and reform in recognition of this important day in our country's history. Now therefore, I, Corey Woods, mayor of the city of Tempe, Arizona, do hereby declare June 19th, 2026 as Junth in Tempe, ARIZONA. Big smiles.

All right. And one more that I've got here this evening, which reminds me, did you want me to tell a joke while you're going? No, just kidding. Just hold the mic. Oh, pictures, pictures. Dancy puffer. Okay. I was fully expecting Vice Mayor Garland to break out into song, but that did not happen. So, with that said, I'd now like to invite Miss Nancy Puffer to join us up here. WOOHOO!

SO, the Tempe Bike Hero Award recognizes individuals and organizations that aid in increasing awareness of bicycling and promoting bicycling as a viable mode of transportation in Tempe. This year, the Tempe Transportation Commission selected Nancy Puffer as the 2026 bike hero. Nancy has been a transformative force at advancing cycling advocacy and nurturing a vibrant bicycle culture in Tempee.

She is a dedicated volunteer with Bike Saviors where she serves on the board of directors as director of art. Through this role, she has found an extraordinary way to connect art, sustainability, and cycling in service to our community.

Using discarded bicycle parts from the bike savior scrap bin, Nancy creates original works of art through her venture, Third Wheel Bike Art, her creations transform old bicycle components into mirrors, jewelry, sculptures, decor, and one-of-a-kind statement pieces. Most impressively, Nancy donates 100% of the proceeds from these sales back to Bike Saviors. Nancy, go ahead. Nancy is also the lead organizer of the annual recycle art night benefiting bike saviors as well.

This unique event unites the arts and cycling communities and for the past two years Nancy has led this entirely volunteer-driven event and it's become one of Tempy's most creative grassroots community celebrations. Last year 54 local artists contributed more than 130 pieces of original bicycle themed art. Attendance reached close to 500 people and more than 60 cyclists rode to the event and used bike valet services.

Approximately $6,000 was raised for bike saviors and tempy sister cities also benefited through boutique sales. The event required the coordination of 86 volunteers and 13 partner organizations and businesses demonstrating NY's remarkable organizational skills and collaborative leadership. Nancy also hosts artistonly after hours nights and community art classes at Bike Saviors, welcoming members of the public into the shop for the very first time.

These events invite people to make art from bicycle parts, learn about cycling culture, and connect with a bicycle centered nonprofit in a creative and welcoming environment. In 2023, after developing balance complications, she transitioned from a traditional bicycle to a recumbent tadpole trike. Rather than stepping away from cycling, she embraced a new form of riding and became a visible example of resilience and accessibility. Nancy truly embodies what it takes to be a bike hero.

So once again, please give Nancy a huge round of applause for being our 2026 bike hero. All right, here we go. Big smiles everybody. One, two, three. One more like that. individual of Nancy real quick. Big smiles. One, two, three. Gotcha. Thank you. Congratulations. Thank you. All right. Next up, item 5B, city manager reports and announcements. Mr. Chief, Deputy City Manager, nothing, Mayor. Thank you very much. Appreciate it.

Which will take me to item number six, public appearances, let's go ahead here and get this started. Matter of fact, Mr. City attorney, is the uh meeting decorum just on the back here? Usually I have a big speech here, but none none this evening. I see. I'm trying to All right. Well, you know, it's totally fine. You all know what to do. So, you know, Mr. Mayor the video. Mr. Mayor the video says we're gonna do the video. Yes. Change change the order. I guess you know what?

I am so used to reading this for the last six years. I was just going to do it again, but you know what? Let's go ahead and just roll the video. Then the public appearances portion of the Tempe City Council agenda welcomes people to address the Tempe City Council on city related issues. Speakers will generally be taken in the order in which they have signed up to speak. No visual aids or pre-recorded materials are allowed. People may speak once during public appearances for up to three minutes.

If there is a large number of speakers, the mayor may limit the amount of time allotted for each person. The city council as a whole is prohibited by state law from discussing, responding to, or taking action on matters that are not on the current agenda. However, an individual council member may respond to criticism made by those who have addressed the public body, may ask the staff to review a matter, or may ask that a matter be put on a future agenda.

The city council rules of procedure provides everyone with an opportunity to speak. However, rules of decorum are in effect and behavior that disrupts, disturbs, or otherwise impedes the orderly conduct of any city council meeting is not permitted. This includes behavior at the podium, inside or adjacent to the council chambers. Speakers shall refrain from name calling, making personal or insulting comments, or slanderous remarks while addressing the city council or while attending the meeting.

Should a speaker become disorderly, action will be taken. First, the mayor may issue a verbal warning, and if the speaker continues disruptive behavior, the speaker will forfeit any remaining time for public comment and will be asked to leave the podium. Further disruption beyond that may result in removal from the council chambers and the mayor may ask security officers to remove the speaker.

If the speaker refuses to leave, security will warn the speaker that they are now trespassing and the next step is an arrest for disorderly conduct, trespassing, or both. If necessary to maintain order, the mayor may recess the meeting. Your right to address the Tempe City Council is important to us. These rules are intended to create an atmosphere that is conducive to thoughtful public speech. Thank you. All right. Thank you to the disembodied voice who uh read that.

So um first up here, okay, once again, I'm going to read these cards in the order in which I received them. And this evening, I'm going to start with Mario Martinez. Please come forward. State your name and city of residence. You have three minutes. My name is Mario Martinez. I live in Tempee. If I'm not interrupted, I can quickly complete my statement. When Corey was elected mayor, he pledged to uphold the law.

As the first African-American mayor of Tempe, Cory claimed that he was a wells suited leader who could effectively promote better police community relations and improve civil rights. In some respects, Corey has done the opposite. Corey established an official Tempe renaming committee for past members of the Ku Klux Clan who including those who served on this council. While I have always opposed groups such as the KKK, I saw no evidence that the KKK perpetrated three illegal meetings.

If Cory's records on illegal meetings is worse than the KKK, public concern is warranted. Corey promised better police community relations and improve civil rights. The CA Kate Tyranny and Connor Culver Queen Cersei alleged terrorist bomb threat proved uh Cory's lack of what Cory's lack of commitment to civil rights was. Connor Culver was most likely a highlevel deputy city manager who publicly voiced his disagreements with the current city manager.

When Kadi Tierney Tyranny referenced Connor Culver in a Queen Cersei meme, the city manager subordinates, including police chief Kenneth McCoy, claimed it was a terrorist bomb threat. The only thing that Chief McCoy proved with his felony and misdemeanor charges was is what happens to political opponents, includes who criticized the city manager.

The Queen Cersei debacle was an act of official Tempe political retaliation at taxpayer expenses because this council voted 7 to0 to give city manager Rosen Shiy a raise up to $370,000 per year. This vividly dis uh uh illustrates how the council enables the violation of our civil rights. Frankly, this is a key reason that two of you will no longer be here on the council effect of July 1st. Thank you. Next up, item number two, item two, person number two, excuse me.

Uh, Carl Strife, please come forward. State your name and city of residence. You have three minutes. Good evening, mayor, vice mayor, and council members. My name is Carl Strife. I live on Fairway Drive in Tempee. I'm a former paper boy for the Tempe Daily News and current president of the Shalomar Association and Safe Shalomar Campaign. I'm here tonight along with others to first and foremost thank the entire council for your support over the past two years.

Mayor Woods and Council Member Hajj have been with us since the word resoning. Different members of the council followed their own process of understanding with all council members ultimately expressing support of the Shalomar neighborhood. Thank you. We appreciate your willingness to each individually meet with us on multiple occasions, listening to us, validating our concerns, and sharing what you could and could not do in the situation we found ourselves in.

Like many city issues, this has complexities to it. Thank you for your availability, honesty, and willingness to treat us with dignity and respect. Challenging, let alone winning a reasonzoning fight is no small effort. This would not have been possible without the thousands of Tempe citizens that join the neighborhood in solidarity against a highdensity rental development in the center of one of Tempee's unique communities.

We're taking a moment to celebrate this long sought-after accomplishment. But winning a zoning battle while experiencing an ecosystem destruction is a devastating paradox. Watching as a part of Tempe, older than Quanis Park and one of the last open green spaces is deliberately destroyed is beyond disturbing and painful. We know the city council feels it as much as the rest of us.

We ask that you hold the property owners accountable for maintaining the property as any other Tempe property owner is required. We stopped the reszoning, but we know this is not over. This developer, Brandon Lombardi of BB Living, has indicated his intention to build 160 homes on the property. This is one house per acre as zoning allows, plus three ADUs on every parcel. His intention is to make them all rentals.

He hopes to bypass the neighborhood, the DRC, and all of you on the council, presenting this as a routine proposal for city planning staff review. This is an egregious misuse of SB 2720, the ADU bill, passed by the state legislature last year, but never intended to be a developer vehicle for creating a colony of ADUs. We hope that this will not go unchallenged by the city. Please understand, we are not anti-abu and we are not anti-affordable housing. Mr.

Lombardi is clearly moving to find a way anyway to destroy this neighborhood and get the density he desires. As a Tempe resident who has stated he cares so much about the city and is one of the good guys, we're not sure what the definition of a bad guy is. We anxiously await his newest proposal.

Though our preferred outcome is to find a way to preserve the green space with potentially some limited residential or commercial building, it is up to the owners and developer if they want to collaborate, compromise, and work together on a solution. If Mr. Lombardi together with the owners chooses to continue his myopic obsession with destroying Shalomar, we will be ready. And to them we say let's get it on. Thank you. All right. The next speaker I have is Noah James Markham.

Please come forward. State your name and city of residence. You have three minutes. This is only city council that I can really do this. Aloha mayor and to the rest of the city council. My name is Noah James Markham and I'm a great uh resident of Tempee. Congratulations to the new city council members that are replacing people on this board. It's amazing to see some happy people up on the city council.

Advocating for dis the disability community and how sick our system is and DS is a problem here especially because that actually people that want help and believe medicine does help our mental health. you know, it it's a it's a concern for me and uh you know, some people think that they can do it all on their own without medicine. Good for you.

Um also, there's a big thing about flop cameras right now that people are talking about and um it's not just in this city, but it's, you know, in other cities in Arizona, too. But I need to make sure that we do keep the flop cameras here because I know people may be a little worried about it because maybe they are uh doing something bad and maybe that's why they don't want the cameras to look at them.

Also, um my dad was talking to me about the Shalomar golf course and it was on the news one day. He told me about it and he was talking about the stinky fish. We didn't even think about the fish. I mean, that is something that really comes to my heart that these fish were dying in Shalomar, too. And now they could smell the stinky fish. And so that is a big concern for me on this Shalomar golf course.

Also, I know people in the Democratic party, especially me, I love the LGBTQ plus community, but this is something that needs to be addressed. and transgenders in private restrooms. We do need to make sure that they do have private restrooms here in Tempee and transgenders should not be playing in women's sports. Period. They are not women. They are men. Also, this is a big thing. Israel and Palestine both matter in this conflict.

If you do not know that both of them should not be starting a war. Also, downtown Milav needs to get the New Year's Eve party, and we need to get rid of those smoke shops downtown. So, these drug shops have been here for a long time before y'all took office. And why didn't you think about taking them away? Bad decisions. Mahalo and have a great one. Thank you. Okay, thank you. Okay, the next speaker I have is the Honorable Hugh Halman. Please come forward, state your name and city of residence.

You have three minutes. Good evening, mayor and council. I'm Do you want a specific one? Hugh Hullman, former mayor of the city of Tempe and a longtime resident. Continue to be. Very quickly, I'm just going to crib from a speech by our 26th president of the United States. It was an address to the Sarbone in Paris, France, titled Citizenship in the Republic. It was given on April 23rd, 1910.

I think the last part of the speech applies to the ladies and gentlemen at the deis and the first part to some we know well. Quote, there are many people who feel a kind of twisted pride in cynicism. There are many who continue who confine themselves to the criticism of the way others do what they do themselves dare not even attempt.

There's no more unhealthy being, no person less worthy of respect than the one who either really holds or fains to hold an attitude of sneering disbelief toward all that is great and lofty, whether in achievement or in the noble effort, which even if it fails, comes in second to achievement, a cynical habit of thought and speech, a readiness to criticize work which the critic never tries to perform. an intellectual aloofness which will not accept contact with life's realities.

All these are marks not of the possessor, as the possessor would fain to think, of superiority, but of weakness. They mark the people unfit to bear their part in the stern strife of living, who seek in an affectation of contempt for the achievements of others, to hide from others and from themselves their own weakness. The role is easy. There is none easier. save only the role of the person who sneers alike at both criticism and performance.

Yet it is not the critic who counts, not the person who points out how the strong one stumbles, or where the doer of deeds could have done them better. The credit belongs to the person who is actually in the arena whose face is marred by dust and sweat and blood who strives valiantly who heirs and come short again and again because there is no effort without error and shortcoming but who does actually strive to do the deeds. Who knows the great enthusiasms, the great devotions.

Who spends oneself in a worthy cause, who at the best knows in the end the triumph of high achievement, and who at the worst, if the person fails, at least fails, while daring greatly so that their place shall never be with those cold and timid souls who know neither victory nor defeat. I am grateful for all of your service to our community, for our staff's service to the community, and thank you for continuing to fight the good fight. Thank you. Okay, the next speak.

Okay, then uh that is actually all the speakers I have this evening that are signed up. Is there anyone else in the audience wishing to address the council? If so, can you please get my attention? Okay, seeing none. Oh. Oh, yes. Yes. Okay. Yes. Please come forward. State your name and city of residence. You have three minutes. Uh, good evening, Mayor Woods and members of the city council. My name is Chris Plit and I'm a resident of Chandler, Arizona.

However, my family's business has been on Mil for nearly 40 years. I'm here tonight to express my strong support for the Marshall and Spence. Tempe continues to face significant housing demand and expanding our housing supply must remain a priority. Every thoughtfully planned housing development helps address that need by providing more opportunities for residents. Marshall and Spence represents a type of responsible growth that benefits Tempe as a project brings new housing to an infill site.

This corridor is highly connected, walkable, and positioned to accommodate new housing, directing growth to locations like this is a smart planning decision that strengthens Tempee's long-term economic vitality and sustainability. As a longtime business owner and community member, I believe projects like the Marshall and Spencer essential to ensuring Tempe remains a vibrant, accessible, and competitive city for future generations.

I respectfully ask for your support and a favorable favorable vote on the marshall expense. Thank you for your time and consideration. Thank you. All right. Is there anyone else in the audience wishing to address the council? If so, can you please get my attention? All right. Seeing none, I will move on to the non-consent agenda. I'm actually going to move a couple of items up here. We typically try to move things up where there are people here to speak.

So this evening, I'm going to go ahead and take item 8 C1, which is to hold the second and final public hearing to adopt an ordinance for a zoning map amendment from R4 and CSS to MU4, a planned area development overlay to establish development standards and a development plan review for a new sevenstory mixeduse development consisting of 105 dwelling units on 888 acres for the Marshall on Spence located at 1026 East Spence Avenue. The applicant is CHA Consulting.

Is the applicant's representative Anthony Vital here? All right. Good evening. No, we're good. Good evening, Mayor Woods, city council members. My name is Anthony Vitali. I'm here with my colleague Ben Herrell from CHA Consulting. We are the civil engineers for the project. Along with us is Zach Feldman from Aptitude Development and other members of our team representing the architect is BKV Group and we have Civ as our traffic consultant.

We are here to present the proposed development, the Marshall on Spence for the second time at the city council meeting. We are seeking approval for reszoning of the site and establishing a PAD. I'd like to take a moment to thank the city planning, the community development departments that have worked with us on both the Marshall Tempe and the Marshall Onspence projects.

Aptitude as a developer has a proven track record around the country for delivering highquality residences with student focus with their most recent success here in Tempe on Apache Boulevard. The Marshall Antempi project. It is currently under construction and nearing completion. The project site we are presenting tonight is located on East Spence A directly south of Aptitude's first project.

During this presentation, I might refer to the first project on Apache as phase one and this project on Spence as phase two. So, where is the site located in reference to the surrounding area? The city block between Apache and Spence is currently developed with some large blocktob block developments uh all the way to Royal Road, the Vale. Neighboring us is the district. Further to the east is Parkplace Tempe and followed by the Nexa.

Along the south side of Spence, there's been a recent redevelopment with two three-story buildings for residential use just southeast of our project. Tempy's general plan 2050 has redefined the land between Apache and Spence to mixeduse urban with the intent to support higher density development in this area. On phase one, we had to request a change in land use under the old general plan. On phase two, we no longer need to this request. We are only asking for a zone change on the property.

We are requesting that the reszoning is the same as we did on phase one to an MU4 mixeduse high density. The existing property right now is split with commercial and residential zoning. The proposed development sits on a small parcel under 1 acre in size, a narrow parcel which is 125 ft wide. We propose 105 units, 269 bedrooms, and a parking ratio the same as we have on phase 1 at 31 spaces per bed. We received DRC approval in May 25 with the same design criteria.

In more detail, the unit mix has studios and onebedrooms up to fivebedroom unit styles. We've provided floor plans that show how the fourbedroom units can be converted into two-bedroom units in the future if needed. Like the phase one project, again, we have a proposed parking ratio of 31. This will include on our project 89 parking spaces in the garages with 84 dedicated and assigned to the tenants at lease.

The remaining spaces will be for guest guest pass parking and we will provide three EV ready spaces within the mix. For the tenants, we are also providing a secured bike storage room that can hold at least 130 bikes on the first floor. So, the existing site, as you may know, has the Tempe Palms Apartments. This was built in the 1970s. It has 38 units with a mix of one and two bedroom styles.

The existing sidewalk is right against the curb line, and the landscaping for this site is mainly out front. At the front edge, there's a narrow driveway leading to an open surface lot in the back that is all pavement right now. So, why are we here? Last time, there was three main comments that we heard from the city council. Aptitude and the design team have refined the building's front facade on Spencave, addressed traffic concerns, and have reached out to members of the neighborhood.

So we'll review the design of the site frontage, the building setback, the floor steps backs, and changes that we've made. So measuring from the street line, the property line of the parcel is 14 ft away from the curb. Then the proposed building is another 20 ft back from that property line on floors 1 through 4, making the floors one through four sit at 34 feet from the road edge.

So, our latest design change, we've added a third terrace on the sixth level and pushed the seventh floor back from the street. Each of the stepbacks in the building, levels four, five, and six, they have about a 5ft step each, creating terraces for the tenants. On this slide, we can see the Marshall Spence in relation to other projects in the same neighborhood and neighboring us. The district as measured is set back 25 ft from the curb line.

1020 Spence is set back 33 feet and our proposed project is set behind those at 34 ft to the curb. Then with the latest change, our top floor, top parapit is now almost 50 feet from the curb line. I'll go through the design progression of the building and recap how the city and neighborhood stakeholders input have shaped this project.

In initial design concept back in 24, we had eightstory building with 15 ft set back from the property line and no steps or articulation in the front of the building. Uh the rest of these slides will show uh renderings of the site either looking in a northeast or northwest direction. So in this revision we brought in the idea of four stories on the frontage, two terraces. We provided an eighth floor penthouse style and we had two driveways with an in-n-out circulation.

On this iteration, with input from the city uh staff and engineering, we reduced the design down to one driveway for in-n-out traffic. We brought the building height down to seven stories. The first and second stories are parking levels, but were cleverly concealed to make it look like we have a residential facade to increase the curb appeal.

In another iteration, again with direct input from the neighborhood stakeholders, an improved color palette and materials were chosen for the project and presented and then approved by the DRC. The approved design did have a vehicle connection between our phase one and phase 2 projects without any restriction on traffic circulation. This design as you see it was approved by the DRC unanimously and then presented to the city council last June.

So, what has changed from then to now and how are we responding to your comments and concerns? Since the first city council meeting, we've had multiple discussions with the city engineer, city planning, city community, the community development department, and the other neighborhood stakeholders. So, our first change that we're showing before you tonight is stepping back the seventh floor by five feet by five feet. We've created a positive visual with more uniform terracing on the building.

We've changed the Spence a driveway to entrance only and all tenants will exit onto Apache Boulevard through phase one. We worked with the city and we've designed pullover areas on Spence for two short-term parallel parking spaces on Spence. We've improved the sidewalk design and we've accommodated a bus shuttle waiting area. Those are very important points that we'll expand on more in a minute. So, what does this building look like if it was constructed from a pedestrian perspective?

With credit to our architect VKV, we produced these photorealistic images to give you a sense of the pedestrian experience. In the pedestrian space, the design is really giving a four-story feel. This is very much in line with the other large block-to-block developments along Spence. By integrating the additional terrace, we've created a continuous plane sloping back from the parapit of the fourth floor and visually diminishing the building's height from view.

Some other architectural elements to point out are the canopy over the lobby entrance for shade. And then again, you can see the design of the first and second stories that are parking levels being concealed with matching facade of the floors above. On the south and west side of the buildings, we've designed in solar shades on the windows to reduce the solar gain.

And as I said, with direct input from multiple parties, we've chosen an attractive color and materials palette that go together to create a high-end quality development welcoming to the tenants and neighbors. For this project, the same civil engineer and architect have worked on both phase one and two. We have a very well-coordinated design and we can integrate the two buildings together.

The developer is committed to delivering a sustainable components to their building such as installing light fixtures with down lighting and shielding, providing smart irrigation design and drought tolerant plants. And on this site, we've landscaped just over 20% of the site on all sides compared to the existing building. We've selected low VOCC materials that will improve the indoor air quality for our tenants.

I'd like to now turn it over to my colleague Ben Herrell to talk about the traffic in the neighborhood. So, at the last meeting, there were really three major traffic concerns brought to us. One was exit trips on Spence causing a backup on Rural Road. Another was the width of the street and potential cars pulling over deliveries, Uber Eats, drop offs, Amazon blocking the street, only one vehicle being able to pass at a time due to the width of the street.

And the third was pedestrian and cyclist safety. So in order to address this, all traffic is now exiting up through phase one onto Apache Boulevard. This is something that no other developer would a be able to do on this parcel and eliminates all exiting on dispense causing backups at rural road with Spence and as well as Terrace Road on Apache if they were to go to the other direction. There are also two off- streetet 15minute parking spaces where delivery vehicles can pull off.

They're not blocking traffic anymore and it's 15-minute restriction. So, it's a quick delivery only. It wouldn't be permanent parking. That also pulls vehicles out of the roadway when parked for cyclist safety. As you'll see in this figure, all trips exit onto Apache, which was a major request of the neighboring uh residential property owners.

There's also pedestrian access through the two properties to all of the public transportation options along Apache, which again is something that only our development team can provide. As you'll see in this breakdown, the existing site has 74 trips exiting on Spence every day. A typical multifamily development with 80 units if you went with a smaller project on the site would have 155 trips all exiting on dispense congesting the street. Our project has zero trips exiting on Spence.

Another concern brought up was parking throughout the single family neighborhoods. As you'll see on this figure, there are several no parking and parking by permit only signs throughout the neighborhood. Community outreach was the third request of this board. Our development team, Zach Feldman, walked door to door and knocked on doors, talk to people. Obviously, there are several public hearings that we are required to hold with the city. We felt that wasn't enough.

We went door to door as I mentioned. 24 actually 25 letters of support. One came in last minute. And I think the most impressive thing of this was the two neighbors directly south that every time they look out their window or walk outside would see this project are in favor of the project. As you'll see on this figure, all of the yellow dots are where we received letters of support from. So to finalize just a couple things that our project can do that no other development would be able to do.

all exit trips or no exit trips on dispense tenant access to the Apache corridor directly through phase one which provides access to all the great public transportation benefits that Tempe has along Apache um fire truck access to Apache and all solid waste would be on Apache no trash trucks would be coming down Spence to serve this project as mentioned it's also in line with the Tempe 2050 general plan you have a tremendous staff here that has recommended approval of the project and the DRC also unanimously recommended approval for the project.

Thank you. Thank you. Appreciate it. Anyone on council have any questions? Council member Chin. Thank you, Mayor. It's been a while since we've seen you, so I have some questions and apologies in advance if you've answered them before, but it's been nearly a year since we've seen you. Um, question about uh I'm looking to staff for a nod right now. This is mixed use and there is a requirement for retail, correct? Tell me about that. What are your plans?

What's the square footage and what are the retail plans? So, on our project, we do understand that we're on Spence. It's not a large uh draw for people walking by and we don't have a lot of room for cars to pull over, but we are proposing with the recommendation and approval of the DRC, it's 120 square ft and the space in the lobby adjacent would be an ATM use. What? An ATM use. An ATM is your retail. That's in this case. Yes. Because you have 120 feet allotted for this. 120 square feet. Yes.

Okay. Those are my questions right now. Okay. Sounds good. Anyone else on the council? Any questions? Okay. Sounds good. Yep. Then we'll come on back. Absolutely. Sounds good. Okay. Well, we'll go ahead and open up the uh public hearing portion. We can call you back later if there are additional questions. Thank you. All right. All right. So, this once again is a public hearing item. So, I'm going to go ahead and open up the public testimony portion.

I do have a few speakers here this evening who signed up. The first speaker I have is virtual. Uh, William Rodriguez. Mr. Mayor, I have enabled his mic. Okay. Mr. Mr. Rodriguez, can you hear me? Mr. Rodriguez, can you uh try to unmute? Oh, there we go. There you go. Uh, perfect. Please, uh, state your name and city of residence. You have three minutes. Hi, my name is William Rodriguez. Uh, my city of residence is Phoenix, Arizona.

Um, but my brother and I do own a house very close to this parcel um on Bonardan uh 1424 South Bonardan. Um, I believe this project is exactly the type of development that aligns with Temp's long-term vision for growth. U as Arizona State University continues to attract students from across the country, the need for quality housing near campus continues to increase.

The Marshall and Spence will provide modern student housing within walking distance of the campus while helping to reduce the pressure on surrounding residential neighborhoods. When my brother and I bought the house um that we have, we literally went out in the front yard, looked north, and saw cranes, and we're like, "This is where we want to be because of all the development that's happening there." Um the project that they did facing Apache is amazing.

I've ridden by it a lot of times on my scooter. Um, I watched it from the ground up and it it's been done very well the entire way through and I'm excited to see this one happen. Temp is full of progress and this is part of the progress that Tempe needs. As far as the retail on Spence, I heard the councilwoman um question that a little bit. In my opinion, Spence isn't really a great retail spot. So, having just a small area for an ATM machine is perfect.

This is mostly residential and I I really think that's what needs to be there. And my discussions with the developers, they're on top of everything. I think they're going to do a great job and we 100% support this and hope that the city council votes in favor of it. Thank you. Okay, the next speaker I have is Peter Mains. Please come forward. State your name and city of residents. You have three minutes.

Hi, uh, my name is Peter Mains and I I read the staff report and I also think it's a wonderful project. I think, you know, eight stories is a is a good height. I'm not concerned about uh being overdeveloped and I think, you know, the more the marrier. The the fact is when more people move in, we get network effects where all of our property is is more valuable and we all win because we are able to share ideas. We're able to do more commerce.

I I also don't know that um you know, as the last speaker indicated, that retail would necessarily be a good fit on that road. I'm not terribly concerned either way, if they put more retail, I think that's great, but I think the project is is very strong as it is. Um I think the the low parking, not no parking, is an excellent choice. Um and uh I I I I'm glad that this project is looks like it's moving forward quickly and not just being reszoned. Thank you very much. Appreciate it.

Okay, the next speaker I have this evening is Phil Amarosce. Please come forward. State your name and city of residence. You have three minutes. Phil, just in case there's a there's a little button on the right if you want to lower it a little bit as well. So, that's okay. All right. Um, good evening, Mayor and Council. Phil Amarosi, 50-year resident of Tempe. After a year of continuences, this enormous student housing project is, as the talking heads would say, the same as it ever was.

It's still seven stories, 90 ft high with 269 bedrooms and only 89 parking spaces. People have horse properties that are bigger than that. He wants this in a neighborhood, but nowhere else in the city have we approved something this large in a neighborhood. Let's not start. Tempe said they off data. So, let's start with the zoning map amendment that he wants to change from R4 and CSS to the MU4 zoning change. To get that designation, he'll put an ATM in a closet and call it retail space.

That's an abuse. If he doesn't want retail, then he shouldn't ask for the maximum zoning change. They'll get their unlimited density so he can cram 105 units on less than an acre of land. And then the general plan actually only calls for 65 units an acre. So he's even cramming more in there.

There he wants uh P A so that the building can be seven stories and 90 ft high when there are only two other fourstory buildings on Spence and everything else in the Gentilly neighborhood is one, two or three stories. Then they're not all student housing but students are free to live there. Even the apartments that he mentions on Apache aren't 90 feet high. So why is he doing it on this little street? He wants to reduce the landscaping to 20%.

Gentill is a lush area with flood irrigation with Arizona heating up. Why do we really want less landscaping? That's not compatible. It's supposed to mitigate the impacts on land use, water use, and transportation. But bedrooms and services that go with it only makes the impact worse because seven other streets and the neighborhood to the east also have to use Spence Road. They're all blocked in by the railroad tracks. And Spence is only a two two-lane neighborhood street, only 32 feet wide.

I notice he mentions that there's no exit traffic, but he doesn't talk about the entry traffic that would happen with 105 269 bedrooms. That's off the charts. Development should be in the public interest. This will only be in the developer's interests. The public living around this colossal project will suffer for decades. And only 17% of the planned units in our area are affordable workforce or market rate.

The rest is all exclusively student housing, but student housing gets rented out by the bed and it's strictly for students. We need to build for all people. There's a housing shortage. So, let's start building for everybody, not just pop in for a semester students that have no discretionary income. Maybe KB Homes that is now headquartered here can help us. Let's leave student housing to ASU. They have 300 acres at Rio Salada. Thank you. Thank you. Okay.

The next speaker I have is Christian Curry. Please come forward. State your name and city of residence. You have three minutes. Short people problem. I I know the feeling. Uh good afternoon, Mayor Woods, Vice Mayor Garland, and council members. For the record, Christian Curry, former resident of Tempe Micro Estates, uh here in continued opposition of this proposed project. Uh we stood here 364 days ago.

Uh and at that meeting, I believe that you provided the applicant a clear directive uh to meet with the residents, to meet with city staff, and to come to the table on the issues of parking congestion uh and community impact. And unfortunately, a year and not one, not two, not three, not four, but five continuous requests later, we are standing here today staring at a project that looks almost identical to what was presented to us last June. Uh traffic remains a major issue.

Several of you at the last meeting expressed concerns about the existing conditions on Spence Avenue. Right. The developer stated that they've changed the traffic positioning of of traffic offflowing onto Spence. Um but I want to note that that is a cosmetic patch uh to an underlying issue regarding the density. That is not uh an architectural change. Um all those they still continue to point as that as their main entry.

uh all of those ride shares, all those deliveries, all those moveins, all those temporary stays will still continue to flow onto an already impacted Spence Avenue. Uh the question about zoning, uh several of you brought that up last time and the question about whether or not this truly meets the intent of an MU4 zoning, uh pointing to a 120 ft ATM space, which quite frankly, there are master closets and master bedroom closets that are larger than 120 ft.

Uh that is a joke uh for commercial space. Um lastly, I'm disappointed to see that the applicant chose not to follow through with the community engagement that you all encouraged at the last meeting. To my knowledge, there's been no meaningful neighborhood meetings or listening sessions that have occurred since last June. Uh instead of engaging directly with the residents, uh the applicant has relied on collecting signatures and presenting them as evidence of community support.

of which I want to note that only three of the 24 I guess now 25 signatures are legitimate residents of those properties that signed and that's public data that can be found on the county website on anywhere. The remaining 21 are likely tenants or or renters. And don't get me wrong, I fully believe that tenants should have a voice as well uh when it comes to this. However, there's a large distinction to be made uh between a tenant uh and a property owner.

uh a tenant can quite literally choose to get up and leave tomorrow morning if they wished. Um residents, property owners, unfortunately are not granted that easy access and have to live uh with the long-term effects of a poorly planned development. Uh tonight, I respectfully ask that you hold the applicant accountable to those expectations that were established at that June 5th meeting a full year ago. The neighborhood deserves better. This city deserves better. Thank you. Thank you.

That's all the speaker cards I have on that item for this evening. Is there anyone else in the audience wishing to address the council on item 8 C1? If so, can you please get my attention? Yes, please come forward. State your name and city of residents. You have three minutes. Aloha, mayor, and to the rest of the city council. My name is Noah James Markham and I am a resident of Tempe. Um, I really do like this one actually.

This is really nice because I don't know if the city of Tempe really understands um that the street car is really it's it's awesome to ride on. I like to ride on it and I like to be on the rail too. So this would be close accessible for people with disabilities could get on that um street car and the light rail too. Um and maybe we should be thinking about more section 8 kind of housing around there. I would like to see more nicer section 8 apartments around. So, um, this would be good.

Um, so yeah, thank you so much, Mahalo. Thank you. Is there anyone else in the audience wishing to address the council on item 8C1? If so, please get my attention. All right, seeing none, I'll go ahead and close the public testimony portion of the public hearing. Uh, I'll now turn to the council to see if you have any additional questions, whether it's for the applicant or for staff or just comments. Yes, council member Chin. Thank you, mayor.

Another comment and let's go back to the um the retail that and the reason why I brought it up is I serve on a subcommittee with a few other of my council colleagues to address uh this zoning requirement and uh the issue that it's raised in our community uh about um people who will use this zoning but leave it empty or simply as a checkbox um and with no intention of activating that space and frankly I think um people are tired of that.

Uh if I may take this opportunity to remind people that there are two main benefits in this case and I'll use this example of why that's important and why um the concept of a 120 square ft simply to check a box and throw an ATM in there to me is ridiculous. Um there are residents that you in this building you would plan to have residents that would need services. I did not and I don't think the intention of this would be to bring more traffic in to to uh frequent these retail spaces.

What about the residents that would need uh these services and it would decrease travel? That would be a secondary benefit. In addition, the fact that you are going to be neighbors with people who already live there. You have to think about the retail space as possibly a form of public benefit so that neighbors can walk to a store or a coffee shop or whatever uh is intended to be there.

I'm sure they um could use the ATM, but I'm not that to me is is almost in a sense disrespectful of that uh of that concept. And so I would uh I would have asked you to think more broadly and deeply and a little more creatively and how to incorporate that into the project. Thank you, Council Chib. Hello. My name is Zach Felman. Um, can I have a chance to uh address some of the comments or do you guys want to make additional comments and then maybe we can talk through them?

Are you with the are you at the project? Okay, sounds good. Okay. Wanted to make sure it wasn't public comment. So, yes, go ahead. Not public comment. Uh, sincerely appreciate the feedback. Um, I totally understand your point regarding retail. You know, a lot of things that we try and do when looking at a neighborhood is is it a retail quarter? Is it appropriate?

One of the things we noticed even on Apache is there's quite a lot of turnover with the retail and there's a lot of vacancy throughout the years.

We don't think putting a large retail space that might not be the best use there whether an ATM or uh other uses we've considered such as a canteen store which is very similar to an Amazon Go kind of as you mentioned it might be good for residents of the building or the surrounding neighborhood but there is already a large vacancy issue and a lot of turnover on uh Apache specifically which is a much more uh pedestrian corridor um so it's something that we're actively taking into consideration but um I appreciate the comment but I did want to address that directly.

Okay. Thank you very much. To my knowledge, I don't think there's any other active retail inspections. Okay. Thank you. All right. Anyone else on council? Any other comments? Uh, Vice Mayor Garland, I have a question. So, um, the packet that we get as council members and anybody else has access to these agenda packets, um, has has the details and information that you guys are providing for us to look at.

So, I I am looking at one of the pages that has the description of um the schematics of the building. I don't know what the proper word is, but it's showing the the lot line step back. And then it shows four stories and then it goes back 5' 6 in. Then the next story goes back four feet 6 in and that's it. That's a co total of 10. When this originally came to me, I was really concerned about this and I thought that the stepbacks needed to be quite a bit farther back.

very similar to what's gonna be replacing the moxy on the corner of Rural and um and Spence because it just it was too blocky. It was too straight up. It was too looking into the neighbors across the street and it and I was told that that's something that you guys are going to looking at. What I'm looking at here, it it's not there. So, I saw that you guys showed something different, but that's not at all what's in the official document that I have in front of me.

I believe they in included the initial submission. There's also a step back between the sixth and seventh floor. And also in that same staff packet, it does mention how it is the maximum step back above the fourth and fifth floor allowable by fire code. The difference with the veil is you have access off of rural where a fire truck can get their ladder up to residents on the eighth floor off of rural.

We don't have that because it's a very narrow lot and you're going to be fighting fires off of Spence. So in order to meet the fire code, that's not an option on this property. The step back was off of Spence also. The step back was setting off of Spence. Yes. But when you go to when the fire department arrives at the property, they can access the seventh and eighth floor of that building off of a rural. It's coming off of the side fire. I don't know if we can go back to the presentation.

I can that would be helpful. Thank you. So the step back, yes, is off of Spence, but that seventh and eighth floor step back, the fire truck is going to be parked along um Rural Road with their ladder extending up. There's no step back off of Rural. If you have this, if they did not have, if rural road wasn't there, they would not have been able to do that and meet fire code because obviously the ladder can't extend and bend over the upper stories. It's got to be at a straight line. Okay.

So, if the if the if the front of the building that's on Spence was three stories instead of four, you would have had that step back. that the step back that I would have liked to have seen farther as you go up could happen if it was three stories instead of four. No. Could you go to that? Is that next slide? So, the fire truck can pull up onto the street and if it has to go onto the sidewalk, but as it extends its ladder, it has to reach every floor.

Um, so if you take the building and put it back and have a large angle in it, the ladder will hit that terrace and not be able to reach the windows on the really far set back building windows. Um, did did you did you ask the fire department about that? We've met with the fire department. We've drawn up that the threetory camp wouldn't work. We still couldn't reach the upper floors if they keep getting pushed back farther from the road.

The fire truck has to stage on Spence and can only reach so far into the site. Council Amber. Um, so let me ask you, if you were to do a threetory and you do the setbacks the way that the fire truck, the fire department asks you to do, that just means you wouldn't have a sevenstory building. If you topped it at five or six stories, you'd be okay, right? You could still do the seventh story. It just has to be at that one one incline, if that makes sense. The five feet per story. Okay. All right.

Anyone else on council? Any comments or questions? No. Okay, I think we're getting some clarification over here on an item. Who can we ask? Can you go ask somebody? Sure. I Well, uh, Mr. Mr. Mayor, Chief Dep uh, Council, let me go to Chief Deputy Ree and I'll come to you. So, yes. Uh, Mr.

Mayor, members of council, I spoke with both uh Chief Karman as well as the fire marshal today and he would need David Fabach, our fire marshall, would need something sub submitted indicating exactly what is being proposed so he could then apply all of the fire code to it to then be able to determine if they would operationally be effective or not. but he does not have anything that was proposed at that time. Okay. Thank you. Uh Council Adams.

Uh well, the fire the fire thing is a big deal to me. Um so we need to get that straightened out. Uh but I'm in favor of this project. I think it um has a lot of benefits. The staff is in favor of the project. They have gone over it over and over for a year now and they are comfortable with the project and I'm going to support my staff um who I'm very proud of and to have worked with for 38 years. So, good job staff and the DRC also approved this project.

So, I don't see any major red flags with it and I do insist that we get the fire situation figured out, but it sounds like uh we already have worked most of it out. So, I will be voting yes on this project. Thank you very much, Mr. Mayor. Okay. Thank you. Anyone else? Further comments or questions? Mayor, I'll explain my vote once. Yeah, let's go to uh counciling. Then I'll go to council member. Uh thank you, mayor. I'll I'll go after council member Amber. Okay, council. Glad I vote. Go for it.

Okay. Thank you, Mr. Mayor. Um I'm going to be voting no. This project is really good-looking and I appreciate what the developers have done in terms of trying to make it work. It's just not right for this space. Um fourstory block. It that street is not just residential. It's a narrow residential street. And even though you did put the two parking spots on there for people to for Whimo, for Uber Eats and stuff, that's not where they're going to go.

They're just going to stay on Spence and wait for the person to come down and get their food or wait for the, you know, the person to come down and get in their car. And that's going to effectively turn Spence into a one street, one lane street.

Um, whenever I leave here, whenever I go home and I'm on Veterans and there is one lane and a bike lane, I would say 25% of the time there is a Whimo parked in front of that that apartment complex there blocking half of the street and you have to basically like try to inch your way around it. They're they're not going to just in reality, they're not going to uh abide by that.

And I've got three kids that are in school that are in college and I promise you not a single one of them actually uses cash. Uh they Vinmo, they Apple Pay, they don't use cash anymore.

Um, and I understand the the fire setbacks, but one of the things that I had talked to you guys about way back in the day is that I would be much more comfortable if it that first story was just three uh was three stories because again that it just looks so bad on a residential street to have just that straight up. So I with that I'm just going to vote no. Okay. Thank you, Council Member Amber. Council Bkit. Uh, thank you, Mayor.

Uh, I mean, look, I I see where the tea leaves are going here, and I know how to count, but I I just wanted to go on record and just say that, you know, I I do think this project should be approved for the reasons that that were stated. Staff has approved it. DRC approved it.

they have gone out of their way to address um some concerns and um ha have been good partners and it has been delayed for a long time but that's sometimes part of the political process as everyone knows I've told this story before and I just kind of want to shed some light on my thinking here when I was first elected um in 2016 if you can believe it mayor uh you know the the Arizona Republic did a story on me and they said Keading wants to bring a millennial perspective to to to city government.

And the thing I kept talking about in that article and you can look it up on the Arizona Republic is the need for housing supply. And unfortunately, that need has not changed. And while our current housing crisis is not completely supply demand driven, it is largely supply and demand driven. And I I was fortunate to buy my house from a house flipper who paid $109,000 for it. Fixed it up over a year and sold it to me for $235,000 11 years ago.

And I was able to afford the house barely at the time. And the truth of the matter is today, Mayor, I make double if not more what I made in 2015. And I couldn't afford my house today. And mayor, my house is not a big house. I It's more or less a large apartment, right? So, my heart breaks for the the people under 40. We talk about people under 40 now as having the problems that that the youth typically has. We talked about broke college kids.

We're talking about a generation that can't afford to put a roof over their head, that can't afford to have kids, can't afford to get married, can't afford to start a family, has to is is is retirement insecure, can't afford health care. And as you know, I am the youngest member of council and I'm also the senior member of council and I I told Mr. Nichols this the council member elect Nichols this the other day.

I I'm disappointed I won't be able to call myself the youngest member of council anymore. But often when the city needed to trot out, you know, the young guy, they would send me right to to go these things. When when I got elected, uh downtown Temp authority asked me to help them start a young professionals group for Tempe. So my heart just breaks for the next generation when when I see that these problems and I'm not accusing us or anyone of causing these problems.

Um but my heart breaks for the next generation and soon it will be Mr. Council Member Elect Nichols's responsibility to go to these kids and say, "Hey guys, we can't help you." And I wish that wasn't the case. Uh particularly at this site, it's on Apache. It's off uh the street car, the light rail. I mean, that's why the light rail or excuse me, the street car goes down that corridor.

Originally, it was supposed to go from downtown to the library, but to get the federal funding, they said, "No, this is your this is your development corridor. This so we had to change the path to do that." And I don't think there's anyone in the audience or or on the dis that would argue that the the the street car going down Apache has completely revitalized that area. That area looks completely different today as it did in 2015. It was it Apache was not famous in 2015. It was infamous.

So to me, if we can't approve this project here, um you know, it just it just makes me sad. And and I'll and I'll leave and and again, this is no shade at anybody. I I will I will leave um you know, what a story I told when I talked to um Tempe um leadership.

We had me uh vice member Garland and council member Amber were there and I was talking about a housing podcast I enjoyed and and what and one of the comments has always stuck with me from I don't even remember who who said it but he said he said you know it's funny because everyone is struggling to afford a house but then as soon as you get a house you become really concerned about traffic. So I will be voting yes on this project and I hope my colleagues will join me. Thank you.

Thank you, Council Biti. Any other comments? Yes, Vice Mayor Garland. I just want to say I I appreciate what um what Council Member Biting was saying. I have four kids and I know what it's like for them to struggle to try to find someplace to live. So, I completely understand what he's talking about about home ownership and how important that is. Um but what I wanted to say is I I think this with the changes and the color schemes and things you're doing, I think it looks great.

I think those things are fine. I I sat on Spence and I think last time this came before us, I had mentioned I had sat down there four different times at four different times a day just to see what that traffic was going to look like. I appreciate the fact that you're saying that it's people aren't going to out exit, but those two spots out there, that traffic is going to go crazy. I agree with council member Amber.

You know, you get a Whimo stuck out there and that those people do not have a lot of way to get around that traffic. I've watched it. I I saw a car parked out there and stopped waiting for somebody. So I I recognized that, you know, again, my my concern was not only the traffic, but it was also that stairst step back because I had seen the drawing from the place, the veil. Um, and so you're saying that it's a fire issue. If it was a lower first tier by one level, it wouldn't be that way.

If you were to take this back, I'm going to be voting no on this. If you were to take this back and come back and put that first level at three and you do your stair step back, I would be much more likely to consider to support it. Um, but I won't be supporting it tonight. Thank you. Thank you, Council Chin. Thank you, Mayor. Um, there are several things about this project I really like. I think it looks very nice. I like the connectivity.

I like how you changed the in only and no out onto Spence. I appreciate that. There are just too many other issues that um that I can't get around right now. and in some other form. You know, I if possible, I'd love to see another type of project that looks like this. It looks great. Um, and if I may take a moment to remind everyone, this is student housing rentals, not houses. We're not talking about home ownership here. We're talking about rentals. Thank you, mayor. Thank you. Anyone else?

Council Barrage. Okay. Hello. Okay. I guess I was listening to my colleagues and and when the facts of it on both sides cuz I I was kind of swing in the middle. I see both. I see the need. There is a need, but I also know the neighborhood is not completely supporting it. at the same time. And um one of the things we did say as a council is that we would listen to the the impact of our neighborhoods versus we also have to balance that with the need of um housing.

And for me, as I said, it could have went either way for me, but seeing that I I can look at my colleagues, it's already I I can count that it's going to um go down. I just hope that if it does that you guys come back with something that maybe would work because we do need the housing. We are in a housing crisis no matter if it's rental ownership, whatever, we need to be able to put our bodies in in in housing.

So, um, that's just my comeback on it is that I would hope that even if it doesn't pass that you do try to find something that would work because we do need the housing in that area for students and everyone else. Thank you. Sounds good. Thank you, Council H. Council. Uh, sorry, Council Member Haj, didn't mean to cut you off. Um, to that point then, mayor, um, if if we vote this down, they will not be able to bring a project back for for some time. It's my understanding it's at least a year.

I if the applicant is immuneable to this, could we not say, "Hey, you know what? Go and make the revisions that we've heard today, you know, and hopefully they won't change between now and next time they bring it back and and give them an opportunity to to do something different." Thank you, Council McKini.

I think the only challenge in the situation is that, you know, when we spoke at the last council meeting before and we've, you know, had a number of different continuences, one of the motions that we voted on as a group was that this was the last time that this was going to come before council and that there wouldn't be any further continuences granted for any reason whatsoever.

And so given the fact that that is what we voted on and frankly pledged to the residents who were sitting in the audience and watching at home, I would feel much more comfortable with frankly uh going forward with that and making sure that we're following through on what we told our residents at the last regular council meeting. But I can Did anyone on my on the council feel any differently than me? Mr. Mayor. Oh. Uh let me let me go. Let me go. Okay. Let me go.

Council member Go to Council Member Keing. Yeah. Sorry. I I didn't I thought he was done. I apologize. No, ma'am. I appreciate that. I I I guess we we could just ask the applicant if they'd even be interested in that. And if they would, I would make a motion to continue it until, you know, whenever whenever is the time that they would think that they would need. But if they're not even interested in it, that's fine. We can just we can be done with it.

Let me let me So, um, Council Member Adams, I'm going to go to the applicant and then I will come right back to you. Can I Okay, sounds good. I'll answer that directly. And again, I appreciate all the comment. It's sincerely appreciated. Um, again, I think before we even came before you, we were dealing with city staff and had plenty of comment from planning. And I think that's why we tried to show the design progression in the original presentation.

Um, it started off as a large hulking building. And immediately we got told, hey, probably not going to fly. Doesn't make sense here. And we said, great, I appreciate the feedback. We don't want to put forward a project that will not have support, that the community will not enjoy, that will not make us a good steward of the land for many years to come, probably long beyond when you guys sit on council and I'm involved on this side of the aisle. Right.

And as it progressed, we dropped the the frontage down. We got rid of town houses. We handled the parking. And I can tell you, it wasn't just your comments. It wasn't just staff comments. It was private meetings with community members and stakeholders throughout throughout throughout. And I can tell you every single time there was a comment, we made the adjustment.

And every single time we made the adjustment and as we continue to have these neighborhood groups, it was always more and it was always more and it was always more and it was never a honest if you do this, we're really excited about what you're putting forward. And I think one of the main things to take away from that is there's been continual refinement. And the last uh June um the main feedback I think it was council member Amber said pedestrian feel, right?

And we made a huge concession to try and make pedestrian, right? And and I can understand the comment about four stories, but if someone's walking down the street and if you look on the image on the right, you don't notice that it's seven stories or that it's as I think a con was hulking. It it really is not. And there's significant architectural integrity that went into trying to make it feel part of the community.

The other piece of it that I think is worth noting is the two community members that spoke tonight, we've spoken to countless times. nothing that we've ever proposed has been enough for them. And and that's okay. Not everyone has to like every project. I don't like every project. That's totally fine. That's what makes America great.

But the fact that we have 24 letters of support, there were four people that came out tonight, both virtually and in public to voice their support from the project, I think it's a disservice to the community to let the vocal minority drown out the private majority. A lot of people aren't comfortable coming up here and speaking in public, but it doesn't mean they think it's a bad project.

And to have two people who we've negotiated with for years, this has been a 3 to four year process, but you only you've been seeing it for about two doesn't make it a project that represents a community from a negative standpoint. And I think the letters of support really prove that. So, thank you. Thank you, Council Adams. Thank you, Mr. Mayor. I just want to uh I just want to comment on Ry's comment about I agree about I think we don't need to be boxing ourselves in.

I mean, I know we made uh a decision a year ago, but it's been a year. They've there's been a lot of changes to this project for the better, in my opinion. They've tried to really listen to the community, and I would be very um supportive of of uh letting them listen to the community a little bit more and see if we can make something work and mold it to what the community wants. and and uh just having a taking a break on this and and uh relooking at it down the f down the road.

Thank you very much, Mr. Mayor. Thank you. So, quick comment, council member Kiting, before we go forward with anything. I know you had made a reference about a continuence motion and just as a note sort of Robert's rules, one of my favorite things to talk about is how a continuence motion actually supersedes any kind of approval or denial motion because I'm a total student council nerd from back in the day.

So my question to council member Keing before we go forward with either an up or down vote is is that a motion that you'd like to make just to make sure if we you do we would get that we would do that before we get to any other motions that would be made by any other member council. Uh mayor I wasn't clear and if they could just give a thumbs up or thumbs down from the applicant if they're even interested in that.

So I I'll tell you we are interested in continuence because we want to build a great project. I think the frustration from our end is that we've addressed every concern that you guys made last summer and we've addressed every concern from the community group and if we continue to have continuences, as much as I appreciate all of your time, if we continue to make concessions, at a certain point it's going to look like the building that's there today.

And you know, I I don't think that is what anyone wants. I think we want to make the highest and best use for the land. So, we can request a continuence, but I I think based on the feedback today, the changes that are being requested, I don't know how they can be accommodated without completely changing the project indefinitely. So, um I mean, if if that's a request of the city council, we can certainly take another look at it.

But, you know, every comment that was made last year, which was pedestrian feel, we completely changed the setbacks of the building. And if you look at the image on the right, the ped to me, the pedestrian feels pretty good. If you talk about the traffic, we completely reworked the building in a way that most developers would never make that kind of concession and only we can make to have traffic exit on to Spence and community feedback. There's 24 letters of support.

There were four people that came out in public tonight. Again, I would urge you to not let the vocal minority drown out the private majority. Let me let me say this and and I'm going to get to the brass. Sorry, mayor. No, no, go for last tax and I and I'm you know I'm passionate about housing and always happens. So so this should surprise nobody. This vote to to to the applicant. This vote is going to fail. Your project is going to fail.

There are new council members taking office at the end of August. You have opportunity to to change the project. Maybe mitigate some concerns from from the vice mayor and from from council members Chin and and Amber. Do you want an opportunity? Do you want an opportunity to do that or do you want to vote now and be done with it? Uh, I appreciate the feedback. If if that's the case, we would ask for a continuence. Thank you, sir.

Mayor, and that that then I would ask then um a continuence be made. Let's call it six months for the new council members to take office, get educated on the project, and we can let them weigh in on this when the time comes. Okay. Thank you. That motion. Okay. Thank you, Council Member Keing. So, the motion and just as a quick note, for some reason, my screen timed out and uh the voting went away. So, I I seconded that motion. Yes. Yes. Yes. Yes. I don't know if you heard them. Yes.

No, definitely. Mo Yeah. So, motion may Yeah. Just all of a sudden just blinked out. Um I will then just have to I guess vote by voice until we can I guess I guess Miss Chavez, how are you? It looked like someone was trying to access my system and it timed out. So, all right. Give us give us 30 seconds here. And my phone died. I got to go back to my Oh, okay. You can just yell it out to me from the uh 310 622 and we're back. Thank you. Uh thank you, Tana Chavez. All right.

So, the motion has been made by council member Keating for a continuence for six months is what he said and the second was made by council member Adams. Any further comments or questions on the continuence motion. Okay. If not, please vote. Actually, I will go to let me do the uh folks who are virtual here. Uh council member Keading. Yes. Council member Adams. Yes. Okay. Does everyone else actually now just I'll just do a voice vote here. Uh council member Amber. Hi. Uh okay. Council Chin. Hi.

Council uh Vice Mayor Garland. Hi. Council Raj. Hi. And I vote no. So that motion to continue passes 6 to one with me voting no. Okay. A six-month continuence. Yes. So, we're going to need to uh have a conversation then with staff regarding how we would actually go about doing this and uh and figuring out appropriate date. Mr. City Attorney, uh Mayor, the the motion was just for a continuence.

So, what we would probably need to do is just we'll find a date and then they'll just have to do their publication procedures. You can leave that open. We'll just have to republish notice the of the hearing when it's set. So you don't necessarily have to do a date certain at this time. So Okay. Sounds good. Thank you very much. Okay. Thank you. All right.

Let's go next up here to let's go ahead and go to item 8B3 to introduce and hold the first public hearing to adopt an ordinance authorizing the transfer and or abandonment of various property interests and authorizing the city manager to execute an amended development agreement and additional documents associated with First and Farmer LLC and the project located at First Street and Farmer Avenue and authorizing the waiver of any reversionary considerations with respect to zoning and development case number DS230661 PL2 230127 Z O N2300000008 P A D23010 Council members, any comments or questions for staff on this item?

Oh, this is a first hearing, so can we have to resend that motion? Okay, this is also a public hearing item. So, if there's any uh public testimony, I'm going to take that now. And actually, I have one card here uh and that's Darlene Justice. Please come forward, state your name and city of residence. You have three minutes. How do we do this? Hi, my name is Darlene Justice. I live in Tempee and I want to say that I am so happy for this.

I really hope that you all vote for it and support it because the Gonzalez Martinez House needs help. We've tried to help it. The city's tried to help it. Developer tried to help it, but it was a lot of nobody had the bull by the horns and by going through this process and transferring ownership as is planned. So, one person has that responsibility, it'll it'll things will happen. I want to thank the city of Tempi mayor and council for your support of uh historic preservation.

Please let Rosa know sir. Um but I also want to take just a moment to tell you you guys have been a great group. You are have been the heart of Tempee for a long time and great things have happened. There are great things happening throughout Tempee. We had passed a bond. That bond, three bonds, and instead of things sitting idly by till almost the five years are up, uh things are happening all around Tempee. I'm very proud to have lived here since 1965. I've seen a lot of changes.

I've seen a lot of things go this way and that way, but you've made a great team. And Mr. Woods, you are a diverse person. You care about everybody and I'm very upset with people that are slandering you and people that are slandering this mayor and council because you have been a great team and Tempi has been on a very good track and I I hope and pray that we continue in that way. But I'm very sad to see some of you leaving. And the things that you brought to Tempi have been great.

And I just want to say that people in Tempi know and we're all going to be watching and hoping that things continue to go at the rate and speed and caring you care about historic preservation. I know you're going to be talking about the bond, about the taxation. We have to continue with the schooling of young children. This has made such a big difference in Tempi. Transportation, uh, Tempe police and fire. We have strong leadership throughout Tempee. Um, you're doing the right thing.

I wrote a little few questions about this and first thing before 8:00 this morning, I had a call from staff concerned. Did I have concerns about this process? I just want to say thank you very much and I support the Gonzalez Martinez the project that they have planned for this and for it to finally be preserved. Thank you and God bless you all. Thank you Miss Justice. Greatly appreciate. And before you go to just want to know uh I got a note from our city manager Mrs.

Chowy who also to tell you thank you. She is online as well this evening. So she says thank you as well. Oh she's been a great manager. That's why we got everything happening right away. Thank you very much. Thank you. All right, that was the only card I had for item 8B3. Is there anyone else wishing to address the council on 8B3? Please get my attention. Okay, seeing none, I'll close the public testimony portion of the public hearing. Um, let's see.

Council members, any comments or discussion on this item? This is only the first hearing. All right, seeing none, the second and final public hearing on this item is scheduled for June 11th, 2026.

Next up, let's go to item 8B2, which is to introduce and hold the first public hearing to adopt an ordinance for a zoning and development code text amendment for TOD parking update for changes to part 5, chapter 6, transportation overlay district consisting of reductions in the overlay parking requirements. The applicant is the city of Tempee. Thank you very much. All right, let's see here. Um, council members, any comments or questions for staff before we open the public hearing?

All right, seeing none, I will go ahead and open up the public testimony portion. And Peter Mains, you are my one and only card this evening. Please come forward, state your name and city of residence. You have three minutes. Hi, Peter Mains. Um, I am uh from Tempe, Arizona. And I didn't know if this would be controversial or not, but I just wanted to weigh in that I think this is a very good idea. The the reality is that parking requirements are a tax.

There are attacks on homeowners, on renters, on businesses, and especially in our dense downtown area. We want to make that as prosperous as possible. We want to make it more affordable to live there, to do business there. And uh but one one thing I would I would say is that to make this truly successful, we need to commit to the transit that will support the carlight uh way of life here in central temp. So, I hope you take that in consideration and and I wish you all the best. Thank you.

Thank you so much. Okay, that's the only card I have on item 8B2. If there's anyone else in the audience wishing to address the council, 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? This is only the first public hearing. Okay, seeing none, the second and final public hearing on this item is scheduled for June 25th, 2026. Now, I'm going to try to go back and take the rest in order here.

Which takes me to item 8A1 under miscellaneous items, bids, contracts, and resolutions, which is to hold a public hearing to adopt a resolution levying the fiscal year 202627 annual assessment for the city of Tempe downtown Tempe enhanced services improvement district, ruling on objections, making corrections, approving a new district map, and approving modified assessments. This is a public hearing item, so if the city public testimony, can you get my attention?

Okay, seeing none, I'll close the public testimony portion of the public hearing. Council members, any comments or discussion? Okay, seeing none, uh I will look for a motion on item 8A1. It's been moved by Council Member Hajj. Seconded by Vice Mayor Garland. Please vote. Yes. Thank you, Council Adams. Is she still uh on? I should ask Madam Clerk. Yes, I still see she still there. Uh council member Adams, can you hear me? All right. Well, I'm just going to go ahead.

That that item passes six to zero with council member Adams absent. The last item under the section is 882, which is to approve one-year contract renewals with Allied Universal Services, Team Security, and Windom Security Strategies Today LLC for armed and unarmed security officer services at various city locations. Council members, any comments or discussion? Seeing none, is there a motion on item 882? It's been moved by Council Member Hajj, seconded by Vice Mayor Garland. Please vote. Yes.

And is council member Adams there? I'll look to you one more time, madam clerk. I apologize. Mr. Mayor, I do see her in the audience has the ability to unmute. Then I'm going to go ahead then once again that passes 6 to zero with council member Adams absent. The next section on the non-consent agenda is ordinances 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 hearings and votes are scheduled for June 25th, 2026, except for item 8B3, which is taken earlier, and that will be on June 11th, 2026. So, the first item under the section is 8B1, which is to introduce and hold the first public hearing to adopt an ordinance amending Tempe City Code Chapter 14A-11 violations. The applicant is the city of Tempee. Council members, any uh questions for staff regarding item 8B1? Okay. Uh, this also is a public hearing item as well.

So, if there's any public testimony on this item from any of the audience, please get my attention. All right. Seeing none, I will close the public testimony portion of the public hearing. Uh, council, any final comments? Okay. Seeing none, the second and final public hearing on this item is scheduled for June 25th, 2026.

That takes me to item 8B4, which is the last item in the section, which is to introduce and hold the first public hearing to adopt an ordinance authorizing the abandonments of various public easements located on the north side of University Drive and the east side of 52nd Street for 1920 West University Drive, which is the Sky Harbor Innovation Park. This is a public hearing item as well. If there's any uh public testimony, can you please get my attention?

Okay, seeing that'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 June 25th, 2026. All right, moving forward.

Let's go to item 8 C2, which is to hold the second and final public hearing to adopt a resolution for a general plan land use and residential density map amendment from commercial to mixeduse high and an ordinance for a zoning map amendment and an amended planned area development for Legend City District at Papago Park Center located at 1600 North Priest Drive for a new mixeduse development containing four buildings of residential and live work units.

The applicant is Kendall Design Collaborative. Just a note too, this resolation res resolation revelation resolution authorizing the general plan amendment requires at least a twoth3 city council majority which means five out of seven votes for approval. Just as a note, uh Mr. City Attorney, if uh council member Adams is not back, how many votes do I need? I know I'm asking you to do math after 8:00 p.m. My apologies, sir. Yes, 2/3 vote. So, six votes. Well, it's five.

It was five out of seven before. So So five out of six. Four. All right. All right. Four out of six. See, I know. I was, you know. All right. Council members, any questions for the applicant? I see Mr. Rosen sitting in the audience. Anybody have any questions here on item 82? I also know just for um public transparency, we did have a full presentation at the first public hearing. Just want to let folks in the audience and those watching at home know.

I didn't see council uh with any questions here. So, let's go ahead and open up the public testimony portion. Is there anyone in the audience wishing to address the council on item 8 C2? If so, can you please get my attention? Okay. Seeing none, I'll close the public testimony portion of the public hearing. Uh council, any comments or discussion? Okay. So, once again, this item is going to require two votes. The first votes on the general plan land use and residential density map amendment.

So, is there a motion on that item? It's been moved by council member Hodgej. Do I have a second? Seconded by council member Amber. Please vote. Yes. And Vice Mayor Garland. Council member Adams. And that item passes 6 to zero with council member Adams abs. Mayor, if I may, I want to clarify for the record. Um I think it's moved at this point, but just so we have a clear record. No, there's a second vote.

So, you know, for the general plan amendment is it is twothirds of the the total council, not necessarily present. So, I misspoke. So, it would be five out of six because of the it would be still be based on the seven member council. Okay. I wanted to make sure that was clear in case it comes up in the future. I appreciate that, sir. Thank you so much. All right. Next up here, the second vote is on the zoning map amendment and amended planned area development. So, is there a motion on that item?

It's been moved by council member Hodgej. Do I have a second? Is that second? Okay. It's seconded by council member Chin. I was a little worried there for a second. All right. Um, any further comments or questions on this item? If not, please vote. This once again, this item only requires a simple majority for approval. So, please vote. Yes. Uh, by Oh, there you go. Okay. And that item passes 7 to zero. All right.

The next section uh next item under the section is 8 C3 which is to hold the second and final public hearing to adopt two related ordinances. Ordinance number uh 02026.22 and ordinance number 02026.23 for the Tempe zoning and development code including amendments to part 4 chapter 9 and amendments to part 3, part 4, part 6 and part 7 pertaining to updates for land uses corrections and clarifications.

Reorganization for accessory structures, reorganization of use permit standards criteria, general development standards, parking standards, landscape and lighting, and update to applications and definitions. The applicant is the city of Tempe. Council members, any questions for staff on this item. Okay, seeing none, this is also a public hearing item. So, if there's any public testimony on this item, can you please get my attention at this time?

Okay, seeing none, I'll close the public testimony portion of the public hearing. Uh, council, if there's not any further comments or questions, I'll entertain a motion. So, move. It's been moved by council member Hajj like pretty much every other vote this evening. Thank you, Council. Uh, do I have a second? Seconded by Council Member Amber. Please vote. Yes. And Council Member Adams. Council member Adams. Okay, that item passes 6 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 Tempe City Code Chapter 8 and chapter 14 by repealing the existing chapter 8 relating to buildings and building regulations and chapter 14 relating to fire prevention and protection and adopting the Tempe construction code which consists of the Tempe administrative code and all the other codes as listed in the agenda materials for this item.

Uh, council, any comments or questions for staff on item 8C4? Okay, seeing none, this is also a public hearing item. So, if there's any public testimony on item 8C4, please get my attention. Okay, seeing none, I will close the public testimony portion of the public hearing. Council, if there's no further comments or discussion, can I get a motion on item 8C4? It's been moved by Vice Mayor Garland. Do I have a second? Seconded by Council Member Hajj. Please vote. Yes. Yes.

And that item passes 7 to zero. The last item under the section is HC5 which is to hold the second and final public hearing to adopt an ordinance authorizing the abandonment of portions of the waterline easements located on the north side of Weber Drive and the west side of Mcccleintoch Drive for 1480 North Mcccleintoch Drive which is the OM Tempe Industrial Park. This is also a public hearing item. So if there's any public testimony, can you please get my attention?

Okay, seeing that I'll close the public testimony portion of the public hearing. Council members, any comments or discussion? Okay. If not, I'll look for a motion on item 8C5. It's been moved by Vice Mayor Garwood and seconded by Council Member Hajj. Please vote. Yes. Okay. And Council Adams. All right. And that item passes six to zero with Council Member Adams. Oh, that item passes 7 to zero. Done. Right under the wire.

All right, that brings me to item nine, current events, council announcements, and future agenda items. Just want to note that council members can ask that an agenda item be added to a future council meeting during their allotted time, but in accordance with the open meeting law, there should be no discussion on the item other than to clarify the request. So, I'm going to go ahead this evening and start with Council Member Keating. No announcements. Mayor, thank you. Thank you very much.

Uh, Council Member Adams. No announcements. Thank you, Mr. Mayor. Thank you, Council Member Chin. No announcements, Mr. Mayor. Thank you very much, Council Member Hodgej. No announcements. Thank you, Mr. Mayor. Thank you very much, Council Member Anberg. No announcements. Thank you very much, Vice Mayor Garland. I have 23. Oh, okay. No, just like Michael Jordan. No announcements. Thank you. Okay, thank you very much.

Um, my only announcement is uh a very early happy birthday to my father who will turn 87 on June 17th. So, uh, I would say I love you, Dad. I'm sure, but I'm sure you're not watching this meeting, but I still love you anyway. So, hope yes, Council Barrage, and wish every father a happy Father's Day because that's coming up before our next meeting. Yes, that's true. That would also apply to my father. So, yes, thank you very much. All right, that brings me to item number 10, public appearances.

So, rules for speaking during the second public appearances item shall be the same as stated earlier for the first public appearances item. Question, madame clerk, is Katherine Dorne here? Yes, she is. Okay, sounds good. Um, Miss Dorne, can you hear me? Okay, Miss Dorne, can you hear me? And maybe can you unmute? All right. Um, Miss Dorne, can you hear me? If so, can you uh try to unmute? Okay. Madame Clerk, she's still there, but just not able to unmute. Um, yeah, she has the ability.

She just has to Okay. I'm going to try one more time here. Uh, Miss Dorne, uh, if you can hear me, could you, uh, go ahead and unmute. Okay. Going once. Okay. Um, madame clerk, um, let's see any other cards that we had from before. None additional. Okay, sounds good. Then I will look to folks in the audience here. Is anyone in the audience wishing to address the council under item 10? Okay, seeing none, uh the next item here is adjournment.

The next regular city council meeting will be on June 11th, 2026. Uh council, we've got two other quick meetings to do, but this meeting is adjourned at 8:12 p.m. Thank you everyone.