Thank you everyone for being here. I think we need to build a bigger council chambers next time. With that, uh, welcome to our Mesa City Council meeting July 1st, 2025. Council member Heredi is unable to attend and he's excused. However, council member Goforth is participating by Zoom. Otherwise, all council members are present. We'll begin the meeting as we usually do with an invocation by Reverend Kelsey Martin with the Celebration of Life Presbyterian Church and followed by the Pledge of Allegiance. Would you please stand, Reverend? Right here. This one here, right in the center. All right. It is an honor and a delight to be here with you all. and I come to you as a Christian, but also as a newer leader in this local community. And I seek to support Mesa beyond the walls of my church and beyond the walls of my faith. And so, knowing that, I believe that prayer isn't exclusive to one faith or any faith, but rather prayer is how we open our hearts to ourselves, others, and the world around us. It is the way in which we are able to bring ourselves into the world compassionately. So with that being said, let me pray over us. God of many understandings, as people, we often find our hearts growing hardened. We can become overwhelmed with chaos and suffering, fighting and division. That we turn our hearts away from our neighbors and from our communities, both locally and beyond. And when the troubles seem too much to bear, when the division deepens and the violence increases, may our hearts stay open. As we gather in this space, may reme may we remember that a life of public service is a life of openheartedness. It is a life of determined care and commitment to the people of Mesa. May we have a desire to open our hearts to all community members and to listen regardless of political beliefs. And may our hearts stay open so we can more meaningfully work with those we wouldn't normally work with, eat with those we wouldn't normally eat with, and defend those we wouldn't normally defend. May this time here and now be a moment of respect, decency, and compassion towards all those who enter. Amen. Thank you, Reverend. Please join me in the pledge of allegiance. 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. Well, tonight's the uh beginning. We're swearing in a new police chief tonight, and we're appreciative of that. And we'll do the uh swearing in here very shortly. But with that, I want to also welcome any of the elected officials that are here to attending this event. So, for tonight, I'm going to come down and swear in our new police chief, Dan Butler, and then we'll go from there. Oh yeah, we'll do that first. Thank you. Hi. Good to see you. Ready, Chief? Yes, sir. Please raise your right hand and repeat after me. I, Dan Butler, do solemnly swear I, Dan Butler, do solemnly swear that I will support the Constitution of the United States that I will support the Constitution of the United States and the Constitution and laws of the state of Arizona and in the Constitution and laws of the state of Arizona that I will bear true faith and allegiance to the same that I will bear bear truth, faith, and allegiance to the same and defend them against all enemies. and defend them against all enemies, foreign and domestic. foreign and domestic. And that I will faithfully and impartially and that I will faithfully and impartially discharge the duties discharge the duties of the office of police chief of the office of police chief of the city of Mesa, Arizona. of the city of Mesa, Arizona. according to the best of my ability according to the best of my ability. So help me God. So help me God. Congratulations. Thank you, sir. [Applause] [Music] [Applause] photo. Come up here. Council. Council, you want to come down, please? Congratulations on your side. Congratulations. Remember who asked for this? Well Sat how about you and Chief How about your command staff? Your staff come up here. I'll join. We'll let We got ours whatever photos you want cuz you just So after this you we'll have you say a few words. Where's Chief cost at the left uniform? He looks nice and relaxed. This is me dressed up. Yeah. Yeah. Wait. Council one one more. Okay. Thank you, Chief. You have an acceptance speech now. Um, I don't think it's fair. Chief CS looks so relaxed and I'm so completely stressed out. You know, I I I think uh humility and gratitude is is what I'm feeling right now. You know, I look around the room and there's so many friends um from the past and the present. Um other agency heads, men and women that I used to work with, men and women that I serve with still, members of the community. Uh holy cow, it's it's uh I didn't expect that. So, I I I I made a little outline here so I wouldn't lose my place and uh with all of the excitement of this. Um, but I h I was having a funny conversation uh with Chief CS the other day and we actually were talking about um our council and the conversation was along the lines of how lucky we are in the city of Mesa to have a mayor, vice mayor, and council members who are all unique and all incredibly different, but they put their differences aside to come together for the service of our community. And I don't think I would want to be a police chief in anywhere but Mesa because of that. You guys lead with your hearts. And I don't feel like you get an opportunity to hear that enough. You hear a lot more of the criticism, but you put Mesa first and I am definitely appreciative of that. So, thank you. Um, Mr. Butler, they say the hardest thing for a city manager to do is select a police chief. And, uh, you didn't waver. you knew what you wanted to do and you made a decision and uh I am I am absolutely grateful that you put that faith in me to lead this organization and I will serve for the organization. Um the decisions I will make will make our community better within our police department. It will make our officers and our professional staff members better within our organization. So, thank you for your faith in me. U Chief Cost, you're looking all relaxed over there. I'm a little envious. Um but brother, you have been one heck of a friend and mentor to me. Um you know this last 6 years um you know you you allowed me to be me in our organization and leaders that I worked for in the past didn't allow me to do that when I would come to you with a crazy idea or something that we wanted to do. Um you said let's do it. Let's give it a try. And you had faith in me. Um and I and I am forever grateful for your leadership and your mentorship. I know I talked a little bit about it already with members of the community, but the pastors in the room, uh, the community leaders, they're all behind me. Um, I know they're behind me, not just right now, but as we move forward in this organization, and I thank them for being here and showing their support to me. Uh, and so many of them before anyone thought that I might be considered for the next police chief, they reached out to city management and expressed their support for me to be the next chief of Mesa. So, I am forever grateful for all of you behind me and for continuing to be behind me. Um, inside the organization, inside the Mesa Police Department, this message is for the men and women of the Mesa Police Department. Um, I have had a lot of people coming up to me. It's it's really overwhelming. Um, and they're just saying incredibly wonderful and kind things about me, to me, and I tell them this is not a me thing. This is a we thing. Um, we, the Mesa Police Department, wouldn't be in a position to have back-to-back internal chiefs if they didn't go out and serve day in and day out and they didn't lead with compassion. They didn't make our community the safest, second safest major city in the entire nation with a population greater 500,000. They are the reason that we are thriving in our community and I appreciate their support and I appreciate what they will continue to do for our community members. And I want to I want to speak directly to the community right now. Um you expect to be safe. You expect to be able to go to our parts parks and enjoy all of the things that the city of Mesa has to offer. And I can promise you we will continue to be relentless in our crime fighting. We will be relentless in ensuring that if you are a victim of a crime, you will receive justice. We're going to do it compassionately. We're going to lead with our hearts, but we will be relentless. and we will not stop until justice is served. Through that, we're going to be transparent, understand we're going to make mistakes, but we're going to fix those mistakes when we come upon them, and we're going to get better, and we're going to grow. And that is my promise to you. And finally, um my family, uh they're in the first couple of rows here. Um you know, with without family support, you know, there there's not much that a human being can do in life. And so, first I want to acknowledge my wife. um you know 15 years ago when I met her I was a sergeant in our organization and I was I was floating around um you know just enjoying myself having a good time you know working in in the g well I think I was working in policy and then I went right to the gang unit after I met her um but I was just enjoying police work I was enjoying chasing the bad guy and it's amazing what that right partner can do in your life and she has been that right part partner for me because from the moment I met her everything in my life came in direct focus and I'm here today 15 years later uh with multiple promotions because she was the stability in my life. So uh Chrissy I am incredibly thankful for you and all of the support and guidance you have given me. Um and then my um my three children that are here. Um Daniel, um his grandson, he is one of our Mesa cops. You saw him come up here with us. He's been on a couple of years. Um Harrison Porter, uh man, you guys, you you are what I do this for. um you know to to raise you all upright like it is the the journey of my life and I'm happy to serve with you. Um and then of course Lauren and my grandson um Daniel were so creative in this family. Um they're here also as well in addition to Tim who's one of our police officers and his wife and their daughter as well. So thank you guys so much. I appreciate this and uh I look forward to to serving with you. Thank you chief. Let's give him a round of applause. Well, this is an incredible moment. And if you want to stay for the rest of the council meeting, you can. Otherwise, you're free to leave. Um, and if you want to party, please go downstairs. We have a great area down there. Chief, take your entourage. And thank you. Thank you. Thank you so much. Eight. That's pretty hard to start yet. Um, can't even get him out the first. Mr. Christopher, before you start, uh, Fi and Fi is off consent. Five I Five I I and 8 A and B. Okay. I don't think we like heard her, but she's on there. Miss Go forth, are you present? Just confirming you're on Zoom still. I am. Thanks, Mayor. All right, just a few more, maybe a couple more minutes and we'll start back up. You would think we'd have some police officers for crowd control in here, but apparently they're busy. Mr. Christopher, why don't we begin? All right. Good evening, mayor and council members. These are the items on the consent agenda. All items listed with an asterisk will be considered as a group by the city council and will be enacted with one motion. There will be no separate discussion unless a council member or citizen request in which event the item will be removed from the consent agenda and considered as a separate item. Item three, approval of minutes of previous meetings as written. Item 4 A, act on liquor license application for the sacred pint, 214 West Main Street. Item 4B, act on liquor license application for Pacos Tacos, 144 South Mesa Drive. Item 5 A, approving job order master contracts for Pool Construction Services. Item 5B, approving three-year term contract with two-year renewal options for Jet Aviation Fuel for the Mesa Police Department. Item 5 C, approving three-year term contract with two-year renewal options for transportation, landscape maintenance services for the Transportation Department. Item 5D, approving three-year term contract with two-year renewal options for crack seal services, materials, and rental equipment for the transportation department. Item 5E, approving dollar limit increase to the term contract for stage hand, temporary worker services for the arts and culture department. Item 5 F, approving three-year term contract with two-year renewal options for original equipment manufacturer, automotive, repair, and maintenance for light duty vehicles for the fleet services department. Item 5G, approving contract to purchase one inductively coupled plasma mass spectrometer for the water resources department. Item 5H, approving nine-month use of cooperative term contract for sewer collection system inspection services for the water resources department. Item 5 has been removed from the consent agenda. Item 5J, approving dollar limit increase to the term contract for library physical media materials for the library services department. Item 6 A, approving resolution authorizing continued negotiations and eminent domain for the acquisition of certain real property interest for the Elliot Road improvement project. Item 6B, approving resolution authorizing continued negotiations and eminent domain for the acquisition of certain real property for the Dobson Road pedestrian hybrid beacon project. Item 6 C approving resolution to adjust the compensation for the positions of presiding city magistrate and city magistrate. Item 7A, introduction of ordinance for proposed amendments to chapters 30, 31, and 87 of title 11 of the Mesa City Code pertaining to accessory dwelling units, detached accessory buildings or structures or home occupations. Item 7B, introduction of ordinance for zoning case 24-548 for property located west of the southwest corner of POS road and signal road. Site plan review for development of a freight truck, terminal, and warehouse. Item 7 C, introduction of ordinance for zoning case 25-163 for property located at 7561 East Baseline Road. This is for a major site plan modification and amending condition of approval number one for zoning case 97-48 to allow for expansion of a minor vehicle service and repair use. Item 7D, introduction of ordinance for zoning case 25-208 for property located at southeast corner of Southern Avenue and Signal but Road. Major site plan modification and amending condition of approval number one for zoning case 23-691 to allow for mixeduse development. Item 7E, introduction of ordinance for annexation case 25-49, annexing county rightway at the intersection of Elliot Road and Haw Road. Item 7F, introduction of ordinance for annexation case 25-293, annexing county ride ofway along South Signal Road and extending west along the future alignment of East Auto Drive. Items 7G, introduction of ordinance for annexation case 25-449, annexing county right ofway for a portion of the intersection of Elliot Road and Sausman Road. Items 8A and 8B have been removed from the consent agenda. Item 9A, approving ordinance for zoning case 24-1020 for property located at the southwest corner of Sausman Road in Main Street. This is for a reszone of Planet area development overlay and site plan review for 45 unit multiple residence development. Item 9B, approving ordinance for zoning case 24-1074 for property located at the southwest corner of Hampton Avenue and Clear View Avenue. Modification of a council use permit reszone with the bonus intensity zone overlay major site plan modification and removal of certain conditions of ordinance number 2732 to allow the expansion of a private school. Item 9 C approving ordinance for proposed or amendments to chapters 81 and 87 of the Mesa City Code pertaining to adaptive reuse permits. Item 9 D, approving ordinance for proposed amendments to chapter 25 of title 6 and chapter 31 of title 11 of the Mesa City Code pertaining to marijuana sales and facilities. Item 9E, approving ordinance for proposed amendments to chapters 56, 57, 58, 59, 60, 63, and 64 of title 11 of the Mesa City Code pertaining to form-based code. And item 9F, approving ordinance for proposed amendments to chapter 6 of title 9 and chapters 30, 66, and 87 of title 11 of the Mesa City Code pertaining to land divisions. Mayor and council members, these are the items in the consent agenda. Thank you, Mr. Christopher. Is there a motion? There we go. Thank you, Miss Spillsberry. Is there a second? Thank you, Miss Duff. Please cast your vote. Miss Go forth. How do you vote? Yes. Thank you. Um, it is unanimous. Mr. Adams, you haven't voted yet. Thank you. It's unanimous with Mr. Heridia absent. Thank you. We'll move back to item five. I [Applause] uh this is 25-0587 dollar limit increase to term contract for library books, spoken word, DVDs, and digital media. I have one request to speak. Alex Francic. Alex, you want to come forward, please? Thank you, mayor, council members. Happy Independence Week. Speaking on agenda item 5, regarding the proposed $700,000 increase for library books and media. Our family loves Mesa's libraries and my children enjoy visiting them often. However, like many parents, we are very concerned about the types of materials available, especially in the children's sections where some books and articles have been found to be inappropriate and overly sexually explicit. We'd appreciate more information about how this funding will be used. And in that, is there an oversight committee that reviews the materials being purchased? If so, what is the name of that committee if you can make that easy for us to find? And could you share how they determine which books to purchase and which books are not to be purchased? Is the decision-making process available to the public? Additionally, what role does the library association play in selecting books and other materials? We also want to ensure that the city is protected from potential legal issues such as those related to ARS 13-3505 regarding obscene prints and articles. We kindly ask for clear guidelines and oversight to keep our library safe and welcoming for all. Thank you. Thank you, Alex. Uh Mr. Butler, do we have any comments from our library team? Mayor, council, um, as as was stated, the the item tonight is a one-time increase in order to, um, adequately staff or to provide the materials for the for the Gateway Library, which will open in a few months. Um, so this, of course, does not include any change of policy or procedure about the ways that our libraries conduct business, but we'd be glad, library staff would be glad to follow up with with Alex to answer those questions and and go through how those selections are made. Okay. Thank you. All right. With that, I'll entertain a motion to approve item five. I Thank you, Miss Spillsberry, second by Mr. Summers. Cast your vote. Miss Goforth. Yes. Thank you. Okay. Motion passes unanimously with Mr. Heredia absent. Next, we'll move over to items uh 8, A, and B. I have three requests to speak. Uh Mr. Maples, would you come up? And then after Mr. Maples. We have Mr. Graph on deck. Thank you. Um, I'm Tom Maples. I'm here representing the Arizona chapter of 7x24 exchange and uh 60 member firms that are dedicated to the development of data center uh infrastructure and also supported by Imasons and by AFCOM and other organizations in the valley. Want to acknowledge that there's been a lot of hard work done in a record time about a week ago at planning commission. I think I said we're on the 10 yard line. We're not in the end zone yet. I'm sorry, but we're requesting a little more time to resolve a couple of issues. There's been progress made in the last week as well, but as planning commission pointed out several weeks ago, these projects that are current that are underway are envisioned are halfway through the process. Those are being resolved. I think I'm here talking about future development and trying to make a process and make regulations that would work for future projects. Um specifically in section two of the proposed ordinance is overly restrictive saying that it's only in GI and HI. uh continue to request uh continued use allowed in the light industrial subject to all of these new regulations that have been worked very hard and will be implemented. Um in 8.1 the definition that any development that has over 10% of an IT function is a data center. That's a really low number and I think you're really going to preclude advanced manufacturing and bluntly that's half of my job is advanced manufacturing and so I think that we talked a little bit at planning commission about where it is going and where the AI is going and stuff. So I would look at just that percentage. We've made some other progress on other other language in that section. In uh F.2 2, there's a requirement for separation of 400 ft from residential and there's screening and acoustics and facade and height. I I don't love 400 ft, but I I' I'd asked to look at that. I think the rest of it's been been uh worked on very hard. Something more than the code minimum or the zoning minimum, but less than 400 feet seems reasonable. I think Phoenix is 150 ft. But I in the in F8B and sorry for being specific. The MEP restrictions really counterdradict that and all the good work that's gone into all the definitions. Then in F.8B says and it the the MEP shall not be allowed next to residential. And the screening requirements were worked very hard on for substations and improved a lot and were not changed at all. and the MEP which is actually probably more important. So I would just look to say all the hard work that's been done on the substation look at that for screening of the MEP and all the hard work done for all the requirements of where MEP can be located should hold but this F8B really the wording just didn't catch up. They they cleaned up a bunch of other stuff but it it says the intent is to put it to the side or the back but it kept a bunch of old language that contradicts the the other section. So thank you very much. Thank you Tom. Mr. Graph and following him is um is it Sepund from Arizona Technology Councils after Mr. Graph. Thank you mayor members of the council. My name is Ben Graph with the law firm of Corals and Brady at 2 North Central Avenue Phoenix Arizona here representing Nova Holdings LLC. uh specifically in regard to their approved data center at the northwest corner of Warner and Ellsworth. Um as we look at these text amendments, uh there's broadly three categories that the city has been doing a good job evaluating. One would be land that that future data centers could be developed on, but you have no applications before you. Two would be developments that have obtained site plan approval and are moving forward. That's that's NOVA. And then three would be an existing builtout data center. And it's important that we examine how this looks at all three. But my focus with NOVA being my client is the second category of obtaining site plan approval. Now, mayor, you'll notice, or maybe you didn't, that I didn't check opposed or support. Um, NOVA did check opposed at the planning commission. Uh, I left that area blank tonight quite on purpose. Um we're we're not quite at the part where we can say we we support of course but um putting opposed would actually not acknowledge the amazing work uh with your staff, your city attorney's office, uh with the vice mayor that uh we've been pushing forward to really perfect this ordinance. Um so I do want to acknowledge that um Miss Kaposki Brown, uh Miss Phillips, um the assistant attorney Steedman in Mr. Smith in your office. They've been working incredibly close with us on all of these items moving forward. It's a much better ordinance than it was a couple weeks ago. Um the most recent change that I want to highlight was that it is now clarified that a conditional use permit, a council use permit or similar item, similar entitlement will not undo or negate your waiver. That's very important because it's possible that an existing data center would need to still apply for a council use permit or conditional use permit and under some sections of the code a a substation requires that. So, we certainly wouldn't want to negate that. Two areas that I would ask the council to please continue to review between now and final action would be we do find it odd that this ordinance removes the council's ability to make amendments to the P AD standards. It typically is within the discretion of this council to make such amendments and you would still be able to approve on a case-byase basis. It would allow flexibility to be able to be more compatible with neighborhoods. Um the other is we are seeking a bit more clarification that minor site plan amendments on approved site plans would fall under the prior development standards. Um we certainly have the relationship with staff and the process with staff where we feel confident that in most cases that would occur through the normal process but codifying that would be helpful. And uh that's all I have to say. I do appreciate all the feedback. I appreciate uh the work with staff and and thank you vice mayor for uh for your orchestration of the communication on this issue as well. Thank you Mr. Graph. With that um just one more. Yeah, one more. I know you pronounced your name at the planning and zone meeting but I forgot it by between there. No worries, mayor. Uh my name is Sepand Alazada here with the Arizona Technology Council uh located at 2800 North Central Avenue Sweet 1530. And uh like Mr. Graph, I am here to just comment on the ordinance. So you know when I think of Mesa, you know, I think of economic ingenuity, economic innovation, a welcoming business climate. Uh there are reasons why these data centers are coming to Mesa and it's because of these you know Meta could have gone anywhere in the country but they chose to come to the city of Mesa you know as we develop our 21st century economy uh based in advanced manufacturing innovation artificial intelligence etc. You know, we have to remember that we can't have that without data centers. They come together. They're part and parcel. They're it's a partnership. You have if you want an economy based in AI, you have to have data centers to process all this information. And these data centers are coming here and are delivering thousands of construction jobs, hundreds of facility jobs, and millions in tax revenues. And these revenues are being used for public safety, public safety, the police department, fire department, our parks, our roads, etc. So, they're really, really contributing to the city of Mesa. Tonight, you're going to vote on these critical zoning ordinance amendments. Uh, you're going to define data centers, where they can be built, um, you know, setbacks, etc. All I want you to do is keep in mind that this process has been in overdrive. development services has done its best over the past few weeks. They've met with stakeholders. I I've emailed all of you and we're very very grateful for the whole process, but there are just still some critical questions that have been unanswered like the ones Mr. Graph pointed out and the ones Mr. Maples pointed out. So, please keep that in mind as you vote on this. You know, that said, as you all move forward with this new language, please also keep in mind that sometimes we're going to need some release valves from the ordinance ordinances language on a case-byase basis for data centers. Data centers are evolving. Uh they're becoming more better and more responsible stewards of water and energy, and so they are doing their best to keep up and evolve and be beneficial to the communities they serve. So, with that, I'm very, very grateful for this. Very, very grateful for development services, the city attorney staff. Uh, we're moving forward. As Mr. Maple said, we're almost there. Uh, but let's keep in mind, data centers are doing great things for the city of Mesa, state of Arizona, and uh, let's just keep working together to advance our city's economy. Thank you. Thank you, sir. Appreciate that. And, and just for note, this is for introduction tonight for those speakers. and then we'll actually vote on the ordinance next July 8th. Uh, Miss Brown, is there anything you'd like to respond? I heard a waivers uh question mark on waivers site plan whether it's a minor or major within that and some MVP next to residential. So, you want to cover some of those? Sure. Mayor, uh, council, um, we'll start with the, um, that the data centers are only allowed in the DI and the AI district. Again, with the waiver, anyone in the LI district today can put the waiver in place and then that data center would be allowed in in that district um, as a warehouse and and uh, and storage the way that it is today. So, that waiver covers those properties in the LI today if if that is filed with with the property. How long does that waiver last? That waiver lasts for they have to apply for it within three years. Once they've applied for it, it goes in perpetuity with the land unless the property is reszoned. Okay. So, um the second was about the 10% of the IT function. One of the things that we did um based on our based on some additional conversation is instead of it being part of the building, it's actually the gross square footage of the buildings on site. So, that 10% actually has increased based on that new language. um the separation acoustics, facade heights. Um all of these things really are to try to protect the current residential areas, those current sensitive receptors that are um proximate to the data centers with the me the mechanical equipment and it being screened and and um its location. Again, that's about the the noise, the look of it, and how it potentially impacts those residential areas. So they all work hand in hand to try to protect those uh sensitive areas. Um with the approved site plans with the minor and the major amendment, those that are minor amendments under the current code. There there are criteria for what is a minor amendment. What is a major amendment? those that would be minor amendments would would not have to follow the new development standards, but those that are major would have to follow the new development standards because you're you're making a major modification to your site plan. um and about removing the ability of the um council to be able to amend the planned area development um standards. There is a a a one of the regulations is that the PAD or I'm sorry that the deviations cannot be modified through a PAD and that's because we're trying to set a minimum standard again to protect the areas that surround the data centers. And I think those were all of the questions that I heard tonight. Really good overview. Council, any questions? Mr. Adams. Mayor, if I may, um I think my question is probably best directed to our economic development director, if she's if she's in the audience. Oh, there she is. Uh while you're making your way up here, Jay, um Miss O'Donnell, several observations. I think in in the from a 50,000 foot view, the real question here is how much of a good thing is enough? And I wonder if you would mind commenting on this issue. We're we're grateful to have the data centers that we now have. Obviously, we have some in the pipeline, but um taken from the broader perspective of our economic development plans are efforts to attract high wage quality, highquality jobs. Um, where are we at with that? When do we hit saturation? Are we there or are we I think that's the real issue here in my view is how much of a good thing is enough? Mayor, council member Adams, thank you for the opportunity. Uh, Jonnell, economic development director for the city. Uh, to answer your question, um, broadly speaking, um, and I've made these comments uh before about balance and a diversified economy. That is one of the things that we strive to achieve in the office of economic development. Making sure that we're being intentional and deliberate about the kinds of companies we're attracting, the industries that we are attracting. Um, and our focus is really creating high wage jobs. Um, and and attracting companies that really provide that that highquality job. Um, in terms of looking at the number of data centers that we do have in Mesa, we've been, uh, I think really strategic about ensuring that we're not prohibiting data center development, but we are, um, directing them and steering them into appropriate locations based on their use. Um there are opportunity costs that we look at with any development that's coming online and making sure that we are trying to achieve the highest and best use for the land for the community for the residents surrounding those those projects that we're attracting. Um so I think that that when we look at our community in relation to other communities in the state um the data center coalition had made the comment uh a week or two ago that you know there are 60 data centers currently in the state of Arizona. We have 15 in Mesa existing or coming online. So we already have a very large amount of density of data centers and I think it's it's safe to say that there are other communities who could and would uh be welcoming to data centers as well. We just again want the ability to have some balance and to be able to continue to diversify our economy. And when you look at the land mass that the data centers are using compared to other projects like advanced manufacturers, the job count for the data centers is much lower per acre if that's one of the measures that you're using compared to what an advanced manufacturer is using per acre. So that's one variable that we've used to look at that. Um and obviously there are others um in terms of capital investment, but we do feel like when you're looking at higher density, highquality job counts. Um we still need to preserve some of that land for the advanced manufacturers and other technology research and development, biosciences, uh pharmaceutical companies, uh and the list goes on. Thank you, Mayor. Just one other question if I may. Um, and this may be a question for both you, Miss O'Donnell, and Miss Brown. Um, I I've heard quite a bit of um request for additional time. I've not really heard specifics about what that additional time would accomplish. So, I guess my question is from the city's perspective, what else is there to invest additional time in? Maybe maybe I'll jump in, mayor and council member Adams and say that. And no, we appreciate and and we appreciate the comments tonight that um I think uh planning staff and city attorney's office and economic development and others have worked tirelessly to try to refine this over uh the course of the last month since we've had that out publicly. There's been countless individual one-on-one meetings to try to address all the specific and individualized concerns that are unique to each site and to try to make sure that that's reflected in the language that's before you tonight. I I would say that I I do strongly believe we have a good product, but we're always open to further discussion. We can always make some changes tonight if we make some in the future. If we move forward with this um and council were to approve this next Tuesday if that doesn't mean the dialogue has to stop. Uh this is a living document. We can make changes just like we are tonight. So um if if we're you know using one of the analogies, if we're if we're on the 5yard line, that still doesn't mean that we need to just stop. we we could move forward with this and if we need some tweaks in the future, we can certainly do that. But I I believe uh uh staff staff believes this is a good product and reflects a lot of the great discussion and dialogue that we've had with industry over the last few weeks. Thank you, Mr. Butler. That's all I have. Mayor, thank you. Thank you. I'm I'm just going to add that based on hearing 60 data centers in Arizona and 15 are here in Mesa, that's 25% of all data centers in in Mesa, Arizona. And and we have done a great job in attracting data centers and we're just putting some guard rails about future development sites for them. So I support the ordinance at this time and uh we have seven more days. Mr. graph and others, you know, if you want to make some more comments and work with our staff. I think we provide concier service for the attorneys and everybody getting these things done very uh speedily so that you understand where we where we're at as a city. But with that, I'll entertain a motion. Mayor, can we take items 8A and 8B as one motion? That if that's good. All right. Yes, we can. Make a motion for uh 8 a.m. B to be uh approved for introduction. All right. I have a second by Miss Spillsberry. Please cast your vote. Miss Go forth. How do you vote? Yes. Okay. The voting is unanimous with Mr. Ready absent. Thank you everyone. With that, we'll move over to items 10A and 10B are to take action on two resolutions for the proposed development known as Medina Station. One resolution involves necessary statutory findings for retail tax incentive agreements and the other is to approve the development agreement. Miss Mosley, are there any blue cards for this item? Uh, no cards have been received for this item. Mayor, thank you. Do any council members want to discuss? I believe Miss Go forth, you want to make a comment? I do. I have a comment, please. Thanks, Mayor. Yeah, the time's yours. Okay. Thank you. When I ran for city council, I made it very clear one of my priorities was to attract higher quality retail and restaurants for Mesa. The residents in my district frequently go to restaurants outside of Mesa to eat. This is a problem for several reasons. First, my constituents are asking for quality restaurants near their communities. Second, it depletes our tax base. Our primary funding source to run the city is from sales tax. When our residents spend their money in surrounding cities, it hurts Mesa. Second, we want to attract, as we've heard, high wage jobs. We want to be a city where you can live, work, play, and learn. Jobs follow talent and we must build a city that is highly desirable to the talented people who will attract and fill the jobs. Mesa has some great dining options, but residents are looking for experiential dining. They want to go to restaurants where they can feel and enjoy the atmosphere and the surroundings, the vibe if you will. Gather with friends, hang out, run into friends, maybe even go to two places in one night by walking next door to a different restaurant. In furtherance of this priority, the council approved the hiring of the retail coach and other constituents, sorry, consultants to help us attract the highquality places our residents want. We're also working on new redevelopment policies so that we have attractive up-to-date places for them to locate. As other surrounding cities had to do at the beginning of their retail attraction initiatives, we are offering reimbursement in incentives to the developer so that he can go to these restaurants, the brands that our residents are asking for and offer them lower costs to offset the risk of an unknown market. Unfortunately, the reality right now is that we are an unproven market in this space. This development is the first step in changing that. Simon CRA, the developer of this project, understands this objective and is already delivering on it. Restaurant row or galley alley will provide the dining experiences District 5 and other Mesa residents are looking for, quality and local. Make no mistake, this goal, the goal is to get to the point where we don't have to have an incentive program to attract highquality places, restaurants that our residents want. I'm excited about this development. I want to thank everyone involved for making it happen and working on this development agreement and I look forward to what it brings to Mesa. Thanks, Mayor. Thank you, council member. Is there any other comments? Miss Duff? Um, I do have a couple of comments. Um, you know, I was looking at this over the weekend and I went to the Medina Station's website and um I noticed some of the uh retailers that they have commitments from and that's Boot Barn uh Cafe Zupas, Dick Sporting Goods, which we know Einstein Brothers, Good Vets, Hawaiian Brothers, US Bank, and there's a logo here. I'm not sure what that is. Oh, that's Zara Nails. So um I just want to confirm that some part of the five upscale restaurants or midscale service restaurants are not going to be understood to be Hawaiian Brothers or Cafe Zupas. I certainly assume not Einstein. That would be one of, you know, more of a fast food. Um I don't know if the developer is here. I just have concerns when I look at these national brand names that are they the quality of retailers that we're looking for and maybe Miss Go forth knows the answer as well. Well, okay, Kelly, Council Member Depp, do we have the representative for the developer here? All right, we have both of you. Great answer. Oh, no. Come, Reese, you can come up. We've got three microphones there. So, um, mayor, council members, Kelly Whitmore, a deputy city attorney. Just to clarify, and you'll forgive me, I ran up the stairs to come up here to answer these questions. Um, the development agreement is very specific about the types of restaurants that qualify as a restaurant that would receive the tax or the tax um, incentive. So, I'll let Ree talk a little bit about that, but it isn't that it could be any restaurant. I shouldn't have run up the stairs. Um it was um it was it it's very specific restaurants that meet a requirement that there have to be a hundred less locations nationally in the United States. It has to be midclass or highquality restaurants. They also can't be located within 10 miles of the location in the city of Mesa. The one exception is Mesa Gateway Airport because there is a location they're looking at that's from Mesa Gateway. But I'll let Ree expand. Well, Mr. Mayor, members of the council, Reese Anderson. Pleasure always to be with you. And my address for your record is 1744 South Val Vista. Here tonight with Simon CR and Mr. Josh Simon, who's with his family, so we'll cut him a little bit of grace as he's honoring that commitment in his life. So, I can't explain it much better than what Kelly just did, but those parameters are clearly set forth in the DA. And the reason that you're seeing a lot of those restaurants listed there is because those are uh tenants that have signed up to be on that site but not within restaurant galley, right? Restaurant row. That's the key point. And what you're seeing there is that the uh development agreement really ties to the major major anchors and to those restaurants. So there is not a reimbursement from what you might that the list some of the list that you gave that you see on the on the website. So, the best way to sum it up without I'm happy to go more specific is really those items they're coming and they're great, but those are not the subject of the DA other than Dicks. Other than yeah, of course, Dicks and the other major tenants there. And um I'm sure Kelly could pull open the presentation that they have that's there as part of your packet. And there's a great map there that shows and I'll just I'll just hold it up so you can see uh Council Member Duff. But really that cross-hatching that you see there are the eligible areas. The rest of them are great to have and you need them as part of that development, but they're not eligible for reimbursement under the DA. And and just to clarify, mayor and council, so that would mean that those particular restaurants are not eligible under the what we call the retail sales tax portion of the reimbursement. They are eligible for the construction sales tax portion. So the entire property is eligible for that as long as they meet the conditions precedent. It's just that retail sales tax portion that's very specific to the retail anchors and to restaurant row. Thank you. We good, Miss Goforth? Did you want to respond? No, I think they they clarified it well. Okay. Thank you. Any other council members? Okay. Uh we'll do two separate motions. Um and so we'll entertain a motion for to approve item 10A. Is there a motion for that? Thank you, Mr. Adams. Thank you, Miss Spillsberry. Please cast your vote. Miss Goforth. Yes. Okay. Motion passes unanimously with Mr. Heredia absent. Again, there is there a motion to approve item 10B? Thank you, Miss Spillsberry. Thank you, Mr. Summers. Please cast your vote. Miss Goforth. Yes. Did it not take? Oh, it did not. Okay, motion passes unanimously with Mr. Heredia absent. Thank you everyone. Uh item 10 is from item citizen present and currently we have one person to speak. Cassandra Winchester. Cassandra, you want to come forward? You have three minutes to speak and um time is yours. Here you come. Thank you, Cassandra. Thank you for having Whoops. Sorry. Thank you for having me. Um, my name is Cassie Winchester. I go by Cassie. Um, and my address is 3833 East Decator Street, Mesa Arizona. I'm here tonight to urge the city of Mesa to withdraw from its 287G agreement to end all cooperation with ICE. Mesa PD's goal is to protect and serve all residents regardless of immigration status. Continued cooperation with ICE is incompatible with that goal. When Mesa signed this agreement in 2009, ICE followed defined procedures and guidelines. They protected civil liberties and upheld professional conduct. That is no longer the case. ICE has become an agency of fear, separating families and routinely violating civil liberties provided to all people by the first, fourth, fifth, and sixth amendment of the US Constitution. Today, I want to share a story of Kareem Dave uh Diaz, a former 24-year resident of Mesa. Kareem came to Mesa with her family when she was just 10 years old. At 13, she started working to help her family achieve their dream of a better life. Eventually, she got married, had two children, and now she's a single mom working hard to provide the same dream for her kids. On June 6th, she was unlawfully taken from her job at oregano in Mesa and deported to Mexico 3 days later with no due process afforded to her. She was a legal permanent resident with an approved work permit and ICE still took her. Her family did not know what happened to her until she called them from Mexico the following Monday. During President Trump's second term, there has been an emphasis on deporting dangerous criminals. Yet Kareem is not a criminal. She is not dangerous. She was at work just trying to provide for her family. 70% of immigrants being held at detention centers across the country have no criminal history. Kareem's 14-year-old son is now living with her in Mexico, but Kareem's daughter is still in Mesa being cared for by her grandmother. Kareem's story is not unique. It's just another example of the unlawful misuse of power by the Trump administration to meet a quota when what this country really needs is an affordable and viable pathway to citizenship. Immigrants are small business owners. Their doctor their children have gone on to become teachers, nurses, law enforcement officers, doctors, members of the military, and so much more. They have value and Mesa has benefited from their contributions to this city. I ask you to withdraw Mesa from the 287G agreement and end all cooperation with ICE. ICS's actions undermine Mesa PD's duty to protect and serve Mesa's re residents. We must choose humanity over fear and ensure that Mesa is a city that protects its residents regardless of immigration status. Thank you so much. Thank you very much for your comments. [Applause] Thank you. Since this is not an agendaized item, we can't respond to you. So, we appreciate your comments and and they're heard with that. Uh, Miss Mosley, do you have any other requests to speak? I do, Mayor. Blue cards to read. I have six cards received um really with the same comments that were just spoken about withdrawing from the agreement and they do not wish to speak, but they would like their names on record. Nolan Guy, Jillian Ryan, Amber Campos, D McDonald, Cecilia Campos, and Vicky Drake. Thank you very much. With that, that's all the items we have for tonight's meeting. I'll entertain a motion to adjourn. Thank you, Mr. Adams. Thank you, Vice Mayor. All in favor say I. I. Miss Goofford. I Thank you. Meeting adjourned. Have a good evening.