Phoenix City Council Formal Meeting - July 1, 2024

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good afternoon if you or good morning if you could please take your seats we will begin shortly e good morning welcome before today's city council meeting convenes we will have a uh convening of the Verdin Community facilities district will the clerk please call the role board member El Galindo he's here board member wado here board member hjj Washington here board member O'Brien here board member Pastor here board member Robinson here board member wearing here Vice chair Stark here chairwoman GGO here I will now open the public meeting do we have any com comments we do not we'll close the public hearing is there a motion to adopt resolution number v-4 approving the final District budget for fiscal year 242 five I move to approve resolution number v04 we have a motion a second roll call Galindo here I'm yes sorry wado yes hjge Washington yes O'Brien yes Pastor yes Robinson yes wearing yes Stark yes Gayo yes passes 90 next we move to the proposed tax levy for fiscal year 2425 I will open the public hearing do we have any comments we'll close the public hearing uh vice mayor do we have a motion on item six yes I move to approve resolution number b05 second we have a motion a second roll call Galindo Yes W yes hjge Washington yes O'Brien yes Pastor yes Robinson yes wearing Stark yes GGO yes passes 90 thank you so much this concludes the public meeting of the Virgin community facilities District Board of Directors we will now adjourn that meeting and we will turn to police chaplain Harry ston for an invocation before our formal meeting Madame mayor honorable members of the city council my prayer today is based upon Psalm 133 ver1 which reads how good and pleasant it is when brothers and live together in harmony May Harmony ever be the descriptive word that applies to the work accomplished here today let us pray Heavenly Father hear my prayer for Unity that we may all act in love towards each other as you first demonstrated your love to us may we consistently act with compassion kindness humility gentleness and patience toward one another living in unity with you and all of our brothers and sisters may we lay down the words that attack set aside our Grievances and forgive each other as you forgave us let your Unity fill this place so that we as brothers and sisters may make wise decisions that lead to Harmony which is both good and pleasant for all amen thank you councilman Robinson will you please lead us in the Pledge of Allegiance 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 chaplain seon thank you councilman Robinson and councilman Robinson would you please introduce a distinguished delegation that is with us today certainly thank you very much mayor um today we have with us and Hector zala is the um director of the Watts College of public service and Community Solutions within the program within the college itself is the Mandela fellows fellows program I believe it's about the 10th year that they are here there are about 25 fellow from 17 different African countries and they're here in the audience today I think they're here for a good portion of the month and then they'll be in DC learning more about American um how government is how government works at the local state and um Federal level so welcome to everybody today thank you very much for being here thank you councilman Robinson and to the delegates thank you for coming to Phoenix it is a real honor for us to host you and we hope that you have a great experience while you are here we'll now the formal meeting of the Phoenix City Council will the clerk call the role councilman Galindo here councilwoman wado councilwoman Hajj Washington here councilwoman O'Brien here councilwoman Pastor here councilman Robinson here councilman wearing vice mayor Stark here mayor geko here Mario baras is with us to provide interpretation Mario would introduce your team yes mayor thank you good morning my name is Mario wahas and I'm going to be serving as one of the two interpreters uh together with Elie DTE we'll be interpreting for our Spanish audience now I'll take a moment to introduce ourselves to our Spanish speaking audience thank you mayor thank you Mario will the city clerk please read the 24-hour paragraph the titles of the following ordinance and resolution numbers on the agenda were available to the public at least 24 hours prior to this council meeting and therefore may be read by title or agenda item only ordinances number G 7270 and 7272 through 7285 S 51069 and 51145 through 51165 and resolutions 22230 through 22232 thank you and now I'll turn to the City attorney to explain public comment thank you mayor members of the public may speak for up to 2 minutes to comment on agenda items comments must be related to the agenda item and the action being considered Ed by the council General comments that go beyond the scope of the agenda item must be made in the citizen comment session at the end of the agenda the city council and staff cannot discuss or comment on matters related to pending investigations claims or litigation additionally any members of the public who appear before Council in their capacity as a lobbyist must as required by Phoenix city code disclose this fact before addressing councel the city code requires speakers to present their comments in a respectful and courteous manner profane language threats or personal attacks on members of the public council members or staff are not allowed person who violates these rules will lose the opportunity to continue to speak thank you we'll begin with the meeting minutes councilman wearing do have a motion on item one second Motion in a second all those in favor say I I I vice mayor do we have a motion on item two I move to approve the May 11th 2022 minutes second all those in favor say I I I I passes unanimously councilwoman pass door do you have a motion on item three I move uh item number three of the approval of meeting minutes 525 2022 second a motion in a second all those in favor say I I I I passes unanimously councilwoman HUD Washington do you have a motion on item four motion to approve item number four second second all those in favor please say I I I I I passes unanimously thank you we next move to boards and commissions vice mayor do we have a motion yes I'd like to move to approve the mayor and city council boards and commission nominations second all those in favor please say I I now we will conduct a swearing in for our wonderful Commissioners who will advise us on a variety of different topics from transportation to pensions please raise your right hand and repeat after me I state your name I Sher would do solemnly swear do solemnly swear that I will support the Constitution of the United States I will support the Constitution of the United States and the Constitution and laws of the State of Arizona and the Constitution and laws of the State of Arizona that I will bear true faith and allegiance to the same that I will bear true faith and allegiance to the same and defend them against all enemies foreign and domestic and defend them against all enemies foreign domestics and that I will faithfully and impartially I will faithfully and impartially discharge the duties of the office of discharge the duties of the office of State your office the human traffing task force according to the best of my ability according to the best of my so help me God so help me God thank you for serving our community e thank you so much to our commissioners so many of our best ideas have come from our boards and commissions the city council provides an advisory role to the State of Arizona on liquor license applications and we'll go to that portion of the agenda next vice mayor do we have a motion I move to approve items 6 through 22 have a motion and a second all those in favor please say I I any oppos passes unanimously city clerk are we ready for ordinances resolutions new business planning and zoning yes mayor vice mayor yes I move to approve items 23 through 69 except the following items 25 26 35 and 65 through 68 noting that item 41 is being continued to August 26 2024 noting that item 69 is being continued to September 4th 2024 and can the clerk confirm if there are any other items that should be excluded for in-person public comment yes mayor and vice mayor also excluding items 45 and 54 that's excluding also items 45 and 54 thank you second thank you we have a motion and a second any comments roll call gind yes guado yes hudge Washington yes O'Brien yes Pastor yes Robinson yes wearing Stark yes GGO yes passes 90 today's council meeting has a lot of important work including 522 new units of housing in the city of Phoenix one of the most important is the adoption of the property tax levy for 25425 fiscal year open the public hearing we do not have any residents to comment we will close the public hearing the proposed Levy reduces the rate so it will be a tax rate reduction vice mayor item 26 do we have a motion yes I moved the adoption of the property tax Lev for 2024 2025 fiscal year second second we have a motion in second does anyone wish to comment roll call gind Vita yes wado yes hjge Washington yes O'Brien yes Pastor yes robinsson yes wearing yes Stark yes GGO yes passes 90 item 35 is next Wireless Communication Service accessory and Equipment vice mayor I move to approve second we have a motion and a second this item helps us with our wireless devices such as cell phones want to congratulate the city its department they have been working with finance and Bloomberg Associates which has provided consulting services to the City of Phoenix they've looked at how we are using Wireless and just within the fire department they were able to help us get a 42% decrease in Wireless spending year-over-year so we are trying to be smarter with the taxpayer dollars and I would love to recognize its and Bloomberg for the great work they are doing which will be applied across the city any additional comments roll call galinda yes wado yes HUD Washington yes O'Brien yes Pastor yes Robinson yes wearing Stark yes GGO yes yes passes 90 we next go to item 45 which is the South Mountain activity complex renovation a construction manager at risk Amendment do we have a motion I move to approve again we have a motion and a second we have public comment we'll have Jerry first followed by Tim morning Jerry Van gas um you know I know this is the last meeting of the uh the session this fiscal year uh but uh we always uh peruse the agenda items and anytime we see an amendment to a Parks agenda item it's a red flag usually it turns out to be a money grab in this case uh it's no different we're in the seventh year the seventh year of a fiveyear renovation plan at South Mountain Park to be ready for the Centennial in 2024 which is halfway through the project is 60% completed plus they've added on two new items you know SME the educ educational center and a trail head and they've also allocated another $10 million to the activity center which has sat there Valley rain has a contract for it they've done nothing in seven months we've got no answers it's a black hole down there there's nothing on the website Rangers Park Personnel public nobody has any an they're getting no answers as to why our attorneys have already start looking into this because in May in May this money was showing on the parks board agenda item has already allocated so what are you voting on today to cover your butt this is totally absurd and we're looking at some fraud here and our attorneys will be sending a bunch of public record request we're going to get to the bottom of this this isn't the only thing that's been happening down there and you've been hearing about that we've gone back four years to Illegal dumping of materials down there which has never been there are no answers on that either so we're going to get some answers thank you have handouts for everybody thank you good morning Council I I realize this is the last meeting of the year but I just want to follow up with what was Jerry was saying there was no City input there was no public input into all this money that's being spent at South Mountain my question is why not the public has a right to be putting their input into what is being spent especially at at the park and nothing has been really discussed with the public we're taking now another $5 million for stuff that we're not even sure what they're doing in South Mountain and I think it's we're at a point that someone needs to start addressing and telling the public exactly what is being done down there how much is being spent down there what the money is being spent on so they have a clear understanding of exactly the usage of the money this was not even brought up to the Parks Board so I'm trying to figure out how they can spend this money and allocate this money if it has not even gone and through the correct procedures that is necessary for the spending of all this money at South Mountain so we're just trying to keep everyone honest here we're trying to keep everyone transparent and it doesn't seem like we're getting much in the transparency area especially with the city of Phoenix we have requested many different foyer requests and we haven't received any so I guess we're just going to keep going on our current route we'll just just submit more and probably have more meetings with more reporters to find out exactly why this isn't being done through the city thank you thank you that is our final public comment any questions roll call Galindo yes wado yes HUD Washington yes O'Brien yes Castor yes Robinson yes wearing yes Stark yes Gayo yes passes 90 we next go to item 54 which is a rezoning application at Cave Creek Road and Quail Avenue in District 2 we'll begin with public comment Spencer Freeman I'll just I'll keep it is it on yeah but if you want to May it since you're taller maybe move it up a little uh I I just wanted to know on the zoning is the zoning being completely changed down there is across the street from my house and everyone else like this so this is the last hearing on that zoning hearing yes this would be okay that's that's all I wanted to know thank you very much thank you do we have a motion or comments from second we have a motion and a second and May if someone from our team could um catch Spencer and and walk him through what's happening any comments roll call gind yes guado yes hjj Washington yes O'Brien yes Pastor yes Robinson yes wearing Stark yes goo yes passes 90 so uh Miss Mr Freeman I think there is someone at the back who could our Deputy city manager we're going straight to the top yes items 65 and 66 are related cases will have two votes but one public hearing it's related to the southeast corner of 19th Avenue and Baseline Road uh we'll open the public hearing uh we do not have any members of the public let me we have um Richard is here in support ailable to speak if necessary we will close the public hearing we'll first have a motion on item 65 and I'll turn to councilwoman HUD Washington thank you mayor I move to approve item 65 approve the Planning Commission recommendation and adopt the related resolution correct councilman HUD Washington your motion was per the planning perfect we have motion yes that is correct thank you we got a we did get a second councilman Galindo Al or the vice mayor um comments roll call alen yes wado yes hjj Washington yes O'Brien yes Pastor yes Robinson yes wearing yes Stark yes GGO yes passes 90 item 66 is next uh council do you have a motion to approve for the Planning Commission recommendation and adopt the related ordinance I will move to approve second we have a motion and a second roll call galinda yes wado yes HJ Washington yes O'Brien yes Pastor Robinson yes wearing yes Stark yes GGO yes passes 90 item 67 is a downtown code text Amendment do we need a public staff report we will open the public hearing uh Joan will be our first Speaker a uh veteran of City Planning including the Planning Commission thank you MoGo I appreciate that um I am here because this was such a confusing case all the way through so I would like to speak and make sure there are no questions on it as we did for a number of months um first I fully support what the Central City Village planning committee finally agreed to which is a much reduced area and the Planning Commission did as well um this was a confusing case because a applicant went to the planning department and asked for a zoning variance he did it for a lot on the east side of Central Avenue um not even in our neighborhood and suddenly we found oursel uh with a text amendment that covered a whole bunch of territory in the Roosevelt neighborhood and this text Amendment on top of the urban forum uh we saw no need for it in fact there was a lot of opposition solid opposition to it and all the properties they put down however I do want to put for the record that Mr um Duncan um is proposing a very nice development which we would probably support zoning variance probably would have worked on on this one does anyone have any questions for Joan and and we are always looking to improve our processes so thank you hopeful we will have some more robust changes to the downtown code coming up in in Fall that are we would be happy to be involved with those thank you wonderful thank you for your service with so many hats at the City of Phoenix thank youing believe that is all our speakers on this okay so Peter available to speak if necessary from Shepley bent on behalf of the applicant does anyone wish to hear from all right close the hearing and I will turn to councilman Galindo ala thank you mayor Joan thank you for being here and thank you for your leadership in the community it is greatly valued and with that mayor I move to approve per the planning commission's recommendation and to adopt the related ordinance second motion and a second any comments roll call delind yes wado yes hjj Washington yes O'Brien yes Pastor yes Robinson yes wearing Stark yes GGO yes passes 90 we next move to the northeast corner of 24th Street and Camel Back Road and we do not need a staff report on this one is that right we do don't okay then I'll introduce our planning director Josh berar for a staff report mayor members of the council thank you for the opport opportunity to present on this request I'll turn to our deputy director Trisha Gomes to walk the council through the request Trish thank you mayor members of the council item 68 is ph-2 d24 z- 86-66 it's located at the northeast corner of 24th Street in Camelback Road the subject site is located within the count back East Village core where developments with the greatest height and most intense uses should be located the subject site is also located within the Camelback East primary core specific plan which contains the regulatory development standards and designed guidelines for developments within the planning area the Camelback East primary core specific plan was adopted in 1991 and amended in 2006 the 2006 amendment process had significant significant Community input with approximately 30 meetings and public hearings majority of the subject site was approved for C2 highrise in 2006 subject to 10 stipulations as a part of the zoning approval as well as the camel's primary core specific plan Amendment the subject sight was was subject to the building height exhibit on the right where you can see the South half of the property is approved for 165 ft the 2006 conceptual site plan and elevations focused on phase one development of Two Towers which were buildings J and K indicated in purple6 elevations future Towers Beyond Phase 1 needed to conform to the building height exhibit and be reviewed through the planning hearing officer uh hearing process the request before you today is to review a new tower building P located on the Southeast portion of the property as outlined in stipulation 2 for a tower exceeding 112 ft the 2024 site plans depict the location of building p and slight variation in the footprint of the building depending on the mix of uses the elevations here are for illustrative of the 140 ft for option one and 165 ft for option two if this request is approved the next steps would be the plan review process professional staff conduct detailed reviews to ensure compliance with all stipulations codes ordinances and the celb back East primary core specific plan for example setbacks lot coverage and traffic studies the planning hearing officer recommended approval with modifications and add additional stipulations the Planning Commission recommended approval per the planning hearing officer recommendation by a vote of 8 to Z this case was appealed by a member of the community staff recommends approval uh per the planning commission's recommendations and happy to answer any questions thank you before we open the hearing any questions councilman Robinson mayor thank you very much um Josh and Trish thank you very much for the information this is one of these um situations where it was put in place some time ago back in 2006 and I believe and approved by Council and I believe Trish hit on that but in the last couple of weeks I've received a bunch of calls from folks who believe that there's an entire process that should the process should be revamped or redone or repeated but could you answer just a couple of questions for me if you go back one slide I think it's that particular one one more is what needs the next steps this particular process the plan review process is done by your particular office Josh and can you can you give us an idea of how stringent how strict it would be based on the original agreement mayor councilman Robinson members of the council it it will go through as as Miss Gomes testified a a thorough review by our not only our team within the Planning and Development Department brought our partners in Street Transportation uh fire we'll look at every aspect of the Camel Back East core specific plan the zoning ordinance and review it against any the approved stipulations and so all of those items would have to be addressed and deemed to be in compliant or a potential public hearing would be triggered well a little bit further on that on the traffic study let's say the traffic study comes back and there's something about it um can you tell us who would take care of whatever changes need to be made and how that process would proceed mayor councilman Robinson members of the council if in a scenario where the traffic study comes back and and says it's going to trigger uh you know a situation that might warrant uh further traffic mitigation the applicant would work with our Traffic Engineers and the street transportation department to respond so as an example there's a signal on 26th Street uh there could be a scenario where enhancements to that signal are made or other traffic control measures are installed around the surrounding property thank you very much mayor thank you very much for the time thank you so much um we will open the public hearing um each side will have five minutes the applicant can reserve time to reut within that 5 minute frame uh I believe we'll begin with EDB thank you mayor city council Ed 1850 North Central Avenue and as you know I'm a registered lobbyist I'm here on behalf of red and Midge uh the application is uh I don't seem to be on our presentation but in any event uh if someone can get me onto our presentation uh people here with me today from Red include uh Jeff mosnik Madison leak from our office is also here as you can imagine we're very pleased with the ph's recommendation the planning commission's unanimous recommendation in accordance and with staff's recommendation for approval as Josh and Trish touched on and as um as councilman Robinson elaborated on these cornerstones of this development have been in place since 2006 and they didn't happen just willy-nilly uh they happened they happened as a result of numerous meetings hearings and in a slide in a minute we'll detail some of that but with respect to the site itself it's at the northwest corner of uh 26th and and Camelback within the builtmore Fashion Park that's at the Northeast quadrant of 24th in camel back I think importantly is that and by the way on this aerial the builtmore fashion is outlined in in blue the proposed site for building p is outlined in green as you can see on some of the little stickers that are on there the closest single family home is over 800 ft away goals and objectives and so on were a big part of the numerous meetings that Trish touched on importantly I believe is the fact that in 2005 and then ultimately in 2006 this approval that involved an update to the specific plan and the c2hr zoning was unanimously approved by the village committee the Planning Commission and the City Council on the specific plan unanimously approved by the village committee the Planning Commission and the City Council on the C2 highrise in addition to all of the other public meetings there were seven hearings that involved this property critical to that had to do with height goals and objectives uses so on and so forth and they identified within the core core gradient and various development areas of which builtmore Fashion Park is the most intense is identified as being a location for the most uh intense uses the greatest height uh and diversity and so on that will occur in this core we are not asking to change any of that the pH application provided some clarity as to how to move forward to the next step that was identified which is the plan review processes the exhibits that are on the screen were both shown to you before it identifies this site as being appropriate for up to 165 ft of height based upon satisfying various incentives this pH application that we processed as I indicated is in accordance with the specific plan it's in accordance with the c2hr zoning it didn't change any of the heights any of the incentives any of the uses all of that's in accordance with what was approved and been on the books and publicly bable for 18 years we went way and above and beyond neighborhood Outreach that's required the yellow highlighted line at the top is what's required by the city's rules and processes everything below that is extra Outreach that we did in conclusion we appreciate the planning commission's recommendation the staff recommendation the ph's recommendation all of which we believe are correct in accordance with what should occur here on this site we thank you and it'll stand for questions now or later if you have them any questions for Ed now uh we have two appellants Crystal and Robert uh we'll leave it to them to decide how to divide up the five minutes but I only see Rob well I don't see Crystal so you get the whole five minutes we have Crystal all right five minutes is yours excellent got to set this up for a short guy um I'm Robert Marino 2575 East Camelback Road uh 85016 thank you for the opportunity and the time to speak today uh I'm here today representing the esplanad a neighboring property to the proposed project uh We've submitted several letters in opposition to this application throughout the process and have expressed a variety of some of concerns around it I'll be brief today and I won't reiterate uh many of those concerns because I believe ultimately this uh really boils down to something very simple uh We've stated numerous times that we're not an anti-development organization we are actually quite the opposite we are currently underway with a major revitalization of the espan uh which amounts to more than $45 million of investment we're not opposing this site for development we are not asking for a denial of this application we are simply asking that this project under goes the review of the East Camelback Village planning committee we understand the applicant does not control the VPC and the chairperson of that board unilaterally chose to not review this case something a former Village chairperson testified before the city planning committee several weeks ago describing that choice as a dereliction of Duty for a project of this magnitude and furthermore the he actually recommended that there be a codified requirement around what vpcs choose to review and not review because it leaves so much latitude uh the only reason we're here today is because as we understood the rezoning from 2006 there was an agreement made that any project looking to tap bonus Heights based on the stipulations in the rezoning a process where at just stated there were many many meetings there was an agreement that if anyone were to tap into those bonus Heights it would go to the village for a public review uh now a single individual chose not to review the project seemingly disenfranchising many members of the community of a forum where the project details can be discussed and reviewed in a fome manner the council can Rectify this by sending the project back to the VPC and I would ask that you take that into consideration when making your recommendation thank you for the time today thank you before I close the public hearing any questions for either I'll close the public public hearing and I will turn to councilman Robinson thank you mayor you know with all the attention surrounding this particular um development and all the work that has been done I think the presentation by staff really gives us a a broad overview of the work that has been accomplished over the years and the work that the developer has done and reaching out to the neighborhood and I get where Mr Marino is coming from but at this point I'd like to make a motion to approve per the Planning Commission recommendation second motion and a second any comments roll call councilwoman pestor I just have one question in the process um and as the gentleman said stated uh he was not opposing um PPC the chair has the ability or authority to decide what goes on the agenda uh this case was heard and I remember voting on it I say 2006 uh and so I'm making assumption which I don't like to make an assumption but that the chair at that time everything we voted on it's just now coming back for review and then went on to the Planning Commission and then now it's here today mayor councilwoman Pastor your uh assessment is correct again in this instance the chair uh using his authority declined to hear the case at the VPC but it did receive a full hearing before the planning hearing officer and Planning Commission which recommended approval now before the council okay thank you appreciate it thank you roll callind Yes W yes hjj Washington yes O'Brien yes Pastor yes Robinson yes wearing Stark yes GGO yes passes 90 thank you uh we will adjourn shortly but wanted to invite the Mandela fellows if you would like to come behind the podium we would love to do a photo with you and with that we are adjourned have a happy and safe Fourth of July I