Scottsdale · 2025-05-06 · council
City Council | Regular Meeting and Work Study - May 6, 2025
Summary
Summary of Decisions, Votes, and Notable Discussions
- Budget Presentation: The city council reviewed the proposed FY 2025-26 operating budget, totaling $2.27 billion, which includes a $885.5 million operating budget, a $952 million capital budget, and a $370.4 million contingency and reserves budget.
- Public Safety Funding: The budget proposes hiring 98 new positions, with 66 dedicated to public safety, including a $50 million payment towards the police pension unfunded liability.
- Pavement Improvement: The council allocated $42.9 million for pavement overlay projects, addressing deteriorating road conditions throughout the city.
- Wildlife Bridge Discussion: A motion to initiate a formal review of the development review board's decision regarding the design plans for a 191-unit townhome community was discussed and approved, with emphasis on improving design standards for developments in Scottsdale.
- Scottsdale Arts Funding: A motion was made to move $392,938 intended for Scottsdale Arts into contingency for further review, allowing for discussions on the appropriateness of this funding.
Overview
During the May 6, 2025, city council meeting, key topics included an in-depth review of the proposed FY 2025-26 budget, which outlined substantial allocations for public safety, infrastructure, and wildlife preservation. The council emphasized the importance of maintaining high design standards for new developments and ensuring that proposed projects align with the community's character. Public comments highlighted the necessity for the wildlife overpass and concerns regarding the city’s artistic funding allocation. Overall, the council demonstrated a commitment to fiscal responsibility while addressing community needs.
Follow-Up Actions or Deadlines
- May 20, 2025: Council will adopt the tentative budget, with the opportunity for further discussion on Scottsdale Arts and other budget allocations.
- Future Review of Development Review Board Decisions: The council will review the design plans for the 191-unit townhome community at a regularly scheduled meeting at least 30 days after the motion's approval.
- Further Analysis on Budget Allocations: Staff will provide detailed reports on staffing increases, police pay comparison, and the Scottsdale Arts funding before the next budget meeting.
Transcript
View transcript
As my fellow council members make their way to the dis, I'd like to Good evening. How did everyone enjoy this gorgeous day today? Very nice. Thanks for being here tonight. I'd like to call the May 6, 2025 city council regular meeting to order. City Clerk Lane, will you please conduct the roll call? Thank you, Mayor. Uh, Mayor Lisa Barowski, present. Vice Mayor Jandy Bosquez here. Council members Barry Graham here. Adam Quasman here. Kathy Littlefield here. Marian McCallen present. And Solange Whitehead here. City Manager Greg Kaitton here. City Attorney Sher Scott here. City Treasurer Sonia Andrews here. And the clerk is present. Thank you, mayor. Thank you. This evening we have Scottsdale Police Sergeant Eric BS and Officer Ray Wilburn as well as firefighter Eric Flores. If anyone requires their assistance, please let a member of the staff know. Uh at this time, I'd like to ask Councilman Barry Graham to lead us in the pledge of allegiance. Thank you, Mayor. Me, my honor. Pledge allegiance to the flag of the United States of America and to the republic for stands one nation under God, indivisible, with liberty and justice for all. Thank you, Councilman Graham. Uh, as and for the mayor's report this evening, we have um, as many of you know, we lost a very special and um, significant member of our community, Paul Messenger, last week. and uh he was such a powerful part of the community. I wanted to take a few minutes to recognize him. I understand we have a video and if I could get that started. You will all enjoy this very well-known man in Scottsdale. Without a doubt, our friend and colleague Paul Messenger has lived a life of achievement for over 90 years. Arriving in Scottsdale in 1942, Paul worked on his family's farm at Miller and Indian School Roads before and after school. At Scottsdale High, he was active in the 4H club, played on the tennis team, and served on the yearbook staff. He made friends for life among the class of 1948, including Bill Schrader, Rusty Lion, and his future wife, Kora Ross. Paul and Kora married in 1950, raised two sons, Ken and David, and established Messenger Mortuary on the family farm property in 1959. They also operated Scottsdale's first ambulance service. While growing their business, Paul always made time to give back to his community. He became a Scottsdale Charo in 1962, serving as a golf tournament chair, even though he doesn't play golf. treasurer, tabulating the allcash ticket receipts at Cubs spring training games, baseball chair, and patron. He was a member of the Elks Club, president of the Lions Club, and friends of the Scottsdale Public Library, and a longtime Scottsdale Chamber of Commerce board director. As a member of the Scottsdale Town Enrichment Program in the mid 1960s, he urged the creation of a junior college for Scottsdale. Paul co-chared the countywide bond election to raise $14 million for several community colleges, including Scottsdale's. He continues to help Scottsdale Community College celebrate its milestones. In 1971, Paul was appointed to fill a vacancy on the Scottsdale City Council, then was elected to a 4-year term, serving until 1976. During his tenure, the city grew through annexations, built its water department, opened the center for the arts and Vistad del Camino neighborhood center, expanded its park system, and began development of the Indian Bend Wash green belt flood control project. After city council, Paul successfully ran for a seat in the Arizona State Legislature, serving Scottsdale's District 28 from 1979 to 1985. For decades, Paul was a member of the Scottsdale Western Art Association. He helped ensure the yearling sculpture was funded for Civic Center Mall and one with the eagle was funded for the Scottsdale airport. Paul and Kora worked as a team on so many business and civic projects and received an impressive array of community honors. Sadly, he lost his beloved Kora in January 2020. Among the gifts Paul gives to Scottsdale is his storytelling about our history. He helped found the Scottsdale History Hall of Fame in 1994 and was himself inducted in 1995. He writes a memoir style history column for the Arizona Republic giving credit to the Scottsdale who created our cache and lifestyle. He also compiled many of his columns into a book. Paul was among a dedicated group who championed establishing a western museum in Scottsdale. It opened as Western Spirit, Scottsdale's Museum of the West in 2015. He and his family also urged creation of a history research center at Civic Center Library. Paul Messenger is one in a million. He's humble as heck. He has an encyclopedic memory for places and faces. He's tireless in his pursuit of community causes. He's the patriarch of a much admired, successful family business. But most of all, he's our treasured friend. Thanks, Paul, for all you've done to enrich our lives and make Scottsdale a great hometown and visitor destination. [Applause] In addition to all of the positions Paul Messenger held in the city, he was also known as uh a a force of big thinking and great ideas and a very graceful man, very very humble and uh we should all applaud his service to our community. And uh with that um we will miss Paul Messenger and our thoughts go my thoughts and prayers go out to his family. Tonight we have a presentation and recognition from Scottsdale Community Involvement Manager Joy Rine on the 2025 Scottsdale 101 101 citizenmy's graduates which I had uh Go ahead. Thank you. There's Joy. [Applause] Good evening. An immersive experience that awakens you to the pride and joy of being a citizen of Scottsdale. Discover what makes Scottsdale great and learn how you can be a part of it. Look behind the curtain. These are just two of the quotes created by our attendees during their latest session, and you will see more throughout this presentation. Government 101 Citizens Academy is just that. It's interactive, informative, and as another classmate mentioned, you just need to look behind the curtain to see what Scottsdale is all about. Good evening. I am Joy Racine, the community involvement manager with the Office of Citizen Service and Communications. Thank you, Mayor Barowski and members of council for allowing us to present tonight. This is a program that's been run for many years and it's near and dear to our hearts because it does allow us to look behind the curtain and it gives you everything you need to know about Scottsdale. Government 101 is designed to equip participants with the knowledge to actively engage in our community, understand local government, and network with other residents. It's everything you need to know. Over the course of nine weeks, 39 residents met once a week to hear from city leaders and department heads. They were able to ask questions, learn how departments operate, and gain a deeper understanding of what services they provide. Our carefully correct curated curriculum covers a wide range of topics from understanding the fundamentals of each department, exploring the intricacies of public policy, and gaining an appreciation of Scottsdale history. They were able to visit our north corpyard, the new fire training facility, Westworld, and the preserve. They heard about ways to get involved, volunteer, and they could network with each other. I could go on, but I'd rather end this presentation with you hearing from some of our academy members as they make their way down. Tonight, I have with me Martha West and Skylin Flores, and they are here to share a little bit about their experiences during the academy. Good evening, Mayor Barowski and members of council. I'm sorry for the slow walk, but it is just what it is. I have very short u comments to make. I first of all, I thank you for the opportunity to briefly describe my experience as a citizen academy participant. By way of background, I'm a retired City of Scottsdale employee and very recently I moved into Scottsdale as a new homeowner here in our community. The Citizens Academy experience was exceptional. We got to view city government directly from city staff who implement Scottsdale's vision and policies and regulations. We got an understanding of how city government works and we discovered ways where we can be part of government, part of the volunteerism of the community and find a way to give back to our community. For me, the key takeaways from this experience are twofold. Innovation and pride. We learned that innovation is in the DNA of this community. And there are so many examples large and small over the many years since 1951. But the top three for me are the creation and stewardship of the preserve, the operation of the whole neighborhood services team committed to citizen education and outreach. I think that is huge and quite extraordinary. And then of course the size and scope of our of our volunteerism here in Scottdale. We were told that the total number of volunteers exceeds exceeds the um employee numbers by more than 100%. I think that just that speaks volumes of who this community is. And then the second piece beyond innovation is pride. And we saw that pride in the community infused in all of the presentations made by the city staff members throughout our citizen academy. We do clearly live in an exceptional community and many thanks to all who brought our community to life for us. Thank you especially Joy. Thank you so much. Thank you. Good evening everyone. Uh my name is Skylin. I'm a recent resident of Scottsdale and currently a sustainability student at Arizona State University. Um, I just want to say this experience was beyond valuable to me. I think as a student, we never really have a lot of faith that our degree is going to work out. Um, and to see all of the different departments putting into practice what I get to learn in the classroom and see it implemented in reality and even more intricate and complicated than can be put on paper is pretty fulfilling. Um, makes me more passionate about government than I ever have been before. Um, and I just want to be grateful and be excited to live in a city that has had the foresight for so many years to invest in its citizens the way that Scottsdale has. So, thank you. Thank you. Congratulations to both of you and thank you for coming to share your experience with us tonight. And here in the audience, I do have additional members of our academy. So, if I could please ask you to stand to be [Applause] recognized and Mayor Barowski and members of the council, once again, thank you for allowing us to speak today, for recognizing this group, and for serving our city. Thank you. Thank you. Did Uh, Vice Mayor Dascus, I just wanted to say thank you so much for bringing your students here with us and students, thank you so much for your interest in the city of Scottsdale. Um, I'm a Scottsdale 101 Citizens Academy graduate as well. So, I have sat in your chair and and uh it is it is with so much pride that you learn about our city and and how intricate and involved and um how open uh the city is for its residents. So, I would just encourage you and and anyone else to participate in our citizens government academy, in our water academy, in our outstanding police academy, and then we also have a new prosecution academy that's a one day. So, uh thank you so much for your work, Joy. We really appreciate you and the opportunities that it brings to our citizens and our residents. So, thank you very much for coming tonight. [Applause] Thank you. And congratulations to all the graduates. Well done. Moving along. Uh during tonight's meeting, the council may make a motion to recess into an executive session if we need to obtain legal advice on any applicable item on the agenda. If authorized by the council, the executive session will be held immediately and will not be open to the public. The public meeting, however, would would resume right after the executive session concludes. Next is public comment, which is reserved for Scottsdale citizens, business owners, and/or property owners to comment on non-aggendaized items that are within the council's jurisdiction. No official council action can be taken on these items, and speakers are limited to three minutes to address the council. If you wish to speak but have not signed up yet, please see the city clerk. Uh we received only, let's see, six, five, excuse me, five uh requests for public comment on non-aggendaized items. And starting with Carla, I understand you've got some donated time and you will be speaking. Is that is that right, Carla? Do you have donated time? There's going to be three of us and we're going to try and stick to three minutes each or collectively total. Total. Oh, wow. Total. All right. [Laughter] Thank you. Now I have to do it. Okay. All right. Um, thank you for the opportunity to speak. I'm Carla, a preserved pioneer from over in Peaceful Valley. A few months ago, we heard that some council members were expressing concern about keeping the long planned and critically important Rio overpass in the budget. So, roughly a month ago, some preserve supporters started a citizens petition to help encourage council members to keep this important item in the preserve budget. Um, since then the budget review commission has come up with a reasonable path forward starting with a feasibility study and this is compatible with the intent of the petitions. So folks kept the petitions on the street and verbally updated signers as to the progress. All of this is to show council the very strong community support for connecting the northern and southern parts of the preserve in the smartest and most economically reasonable way as we go forward. Good evening council members and mayor Lisa Browski. I'm Sonni Kurtley. I'm speaking to you as a resident tonight, a 56-year resident living in southern Scottsdale. And I want you to know that it was so easy getting southern southern signatures. Some of my neighbors can't even see the mountains, but they're fully supporting the mountains. And it was so easy getting those signatures. The second thing is that the signatures are citywide. It isn't just, as I said, just a section of the north, section of the south. And then the most important thing is that there is absolutely no paid volunteers. We had so many people that wanted to volunteer to carry petitions and they were all over the city as you know. They were at Starbucks, they were at the grocery stores, they were knocking on your door. So no paid volunteers. So we hope you will support the feasibility study you'll learn about in agenda item 20. visitors. Good evening, honorable mayor Bowski and honorable city council member. My name is Johnley. I live at 11367 East Desert Vista Road in northern Scottsdale. And when I look out the uh southacing windows of our home, I'm privileged to look directly into the preserve and the northern flank of the Mcdal Mountains. It's why we bought our home there in the first place over a quarter of a century ago and why we have never considered leaving. Uh I don't have a lot to add to the comments already made by my colleagues here, but I do want to take this opportunity to recognize and thank the volunteers who gave generously of their time and energy as uh to help circulate this petition and also to the many Scottsdale residents who enthusiastically stepped forward to add their signatures in support of it. Our volunteers carried the petitions to meetings, concerts, farmers markets, and other public events. They held house parties for friends and family and took the petition doortodoor in their neighborhoods and they spent their Saturdays and Sunday mornings at the trail heads talking to uh numerous users of the preserve residents as well as many non-residents who choose to visit our city uh in part because of the preserve. I'm pleased to report that what we found throughout this process is unddeinished appreciation and support for our beautiful preserve. People throughout Scottsdale are passionate about the preserve. People understand its value and its importance for our community and the need to keep the preserve and its wildlife healthy, both as an attraction and as a responsibility to future generations. When we began this process just over a month ago, we thought optimistically that maybe if everybody worked really hard, we might be able to gather a couple thousand signatures in the short time allotted. But in the end, we easily surpassed that number with a grand total of 2,843 Scottsdale residents adding their names in support. So, we hope that Scottsdale City Council will take our petition and the expressed opinion of so many Scottsdale residents into account during the budget deliberations. And in conclusion, we respectfully ask the city manager to provide us with a written response to our petition. And we thank you for your time and consideration. Thank you. Thank you all. And what was your name, sir? John. John, you're on my list. Okay. Deal. John Aley. Yes. Oh, John. What? What's your last name? Different. Different. Different. Okay. Thank you. You were not on my list, but thank you for speaking to us. Okay. Appreciate it. Thank you. Uh, Councilwoman Solange Whitehead. Yeah. You know, I'll just jump in. I mean, already a few minutes into this meeting, we've seen what Scottsdale is, and that is uh engaged citizens. We had discussed a 101 class which is amazing. And then this for anybody who wants to know what 2800 petitions in a very short uh signatures in a short amount of time looks like here it is. I I just feel indebted to a community that cares so much about our city and our wildlife and our preserve. So thank you guys. Thank you. Next up, Dan Dan Isac, followed by an Kelliano and John De. Good evening, Dan Isaac, address on record. At the last council meeting, Mr. Quasman asked for a point of order because he didn't like my pointing out inconvenient facts. He claimed that residents must refer to council members by title and cannot address individual council members directly. I'm happy to have him point out those rules since I found no such requirement in my searches. In fact, the rules anticipate addressing individual council members as they explicitly give council members the right to respond to a comment about them when the comment is finished. I'm shocked that since you are an attorney, Adam, you have such a profound misunderstanding of the rules of procedure. There are two primary rules to which public comments must adhere is recited at each meeting. To summarize, no personal attacks and the topic must be within the purview of the city council. My comments have been specific statements about actions taken and statements made by council members in their official capacity and often during council meetings. Therefore, they meet the requirement of being within the council's purview. And while my comments are direct and blunt, they are not personal attacks. There is no name calling, no poratives, just comments about observed behaviors and statements. I will contrast that, Adam, with the public comments by French Thompson in February and in March. You might remember that for the better part of six minutes across two meetings, he personally attacked me. He called me liar almost a dozen times among other peoratives along with objectively false statements. Thompson's comments not only violate the prohibition of personal attacks, but I don't believe the his opinion of my character is within the council's purview. Yet, Adam, you sat and did nothing in either of those two meetings. But now you would like to limit my rights to address the council because my views don't align with yours. Adam, you voluntarily took an oath of office to follow the council laws, including meeting requirements. You don't get to pick and choose how those are applied based on whether you like them. If you're unwilling or unable to do so, you could always resign and step down from the deis. Otherwise, please at least pretend to be objective and not make up rules that don't exist. Adam, you and your squad can certainly change the rules to control language and dialogue, although I would caution that history has not been kind to public officials trying to limit speech. Moreover, rules when applied inconsistently can expose the city and individuals to lawsuits and ethics complaints. Just ask Barry. One last thought. My father, who recently passed, impressed upon me that respect has to be earned. Despite being a medical doctor, he aborted the formal the formality of honorifics when people addressed him. In that spirit, I will save titles for those who have earned them. That is why I will use them for Mayor Bowski, Council Member Whitehead, and Council Member McAllen, even if I don't agree with all of their comments or votes. When the others fulfill their obligations to all of the residents of Scottsdale, I will use titles. Thank you. Thank you. Sorry to hear about your father. Uh, mayor. Oh, yes. Do you want to say something? Well, if I can just make one remark. We're free to say whatever we want, but I do want to I do want to second Adam's comment from last week about titles and and points of order and decorum, mayor, if that can be enforced. Thank you. Thanks for your input. Appreciate it. Uh, next. And oh, no. I I go ahead, Councilman Clausman. Yeah, I want to put let's put this to rest. So I first of all, Mr. Isac, I apologize to you. I think you're right. I think that the that if I missed somebody who did not provide the decorum that I think is the standard of this body and I didn't say anything and you were insulted, you're my boss. I think everyone in this room is my boss. And you're right. And I apologize for that. and I deeply deeply uh wish my condolences for the passing of your father. Here is what I would like to say in terms of how we address the council. I would like every everybody those here especially who was part of the Scottsdale Academy. You're going to see how uh how uh Mr. Kaitton and how the member and how when experts come and testify, they're going they're going to address a public body. There is a decorum that how and this is how it works. You speak what's called through the chair. So madame mayor I'm may I show them how they speak through the chair and you do it by saying madame mayor members of the council or madame mayor um Mr. Graham. That's how that's the usual standard of practice in any public body whether it's a state legislature or a city council. It's that type of formality that I think is important when so that we don't devolve into just some sort of mob uh craziness. I apologize for making an example out of Mr. Isac. I think that the decorum nonetheless should be observed. It's the same reason why I wear a coat and tie in this meeting. I would love to wear a polo shirt, especially if I had guns like yours. Seriously. Um thank you. Thank you. Thank you, Madam Mayor. I appreciate it. You know, as the chair of this body, I'm happy to enforce the rules as I see fit. So, having squables about it and wasting taxpayer time, citizens that come down here to listen to uh productive business, I don't think is necessary to have a tutorial for how to address the body because I think it's intentional and that in that case, you know, to each their own. It's not my choice, not your choice, but we cannot control everyone that comes to talk to us. So, thank you for that. But moving right along, I'd like to move on to an Kabiano. Seeing no an can I is John Deal here? All right. Okay, be patient. I'm old. I have bad lungs. Last month, I came to this council meeting to say a few words about the subject I'm going to talk about today. It was a DEI meeting. That was a mistake. I couldn't take it. I left after hearing 40 people talk. The issue today is the 40 94 mini home project uh that uh called Papago Village. It was approved by the council early then not by it was approved by the planning commission early this year. Uh the area was occupied by by Bud Systems for many years but was never reused. It's been abandoned for about five or six years. It was uh used until 89 it was classified as residential and uh then it was changed and when it was changed to residential many of the uh residents nearby uh went before the council the the planning commission saying that it was a uh it was a uh incon it was an erosion of the residential character of the area. Uh when the when the uh when the resoning was approved, the planning commission put a note in the file saying to the extent that this amendment to the zoning map may be inconsistent with the adopted comprehensive general plan, this amendment shall constitute an amendment to that plan. Think of that. I kid you not. Note that the Papule Village project is built squarely on top of Camp Puma, which was part of the old P camp. Not that anybody knows what campaim was. Uh okay. SR zoning is classified under commercial and industrial but it it can be a lot of things. It can be uh it can be uh churches, offices, labs, daycare centers, vet clinics and everything else. But anyway, it's it can be used for dwellings. it considered medium density. Of course, medium d nothing says medium density like the 10 units per acre that will constitute u papal village. Okay. And now the important part of this uh the papa village is just another insult to residents by developers and the city bureaucrats. I want to speak of a serious issue. Oak Street cannot handle the increase in the traffic. The topography is deadly. Though the project area has been abandoned for years and satellite images never show more than 40 vehicles, the required traffic study claims that the development with 140 residents and 168 parking spaces will generate 45 to 50% less trips per month per day than an empty lot. Welcome to the magical world of Scotsio zone. Oak is a unique road. Its boundaries and top topography make it a strange mixture of minor arterial collector and local street. It is a rough two-lane road with no sidewalks, no medium, no landscaping, no lateral buffer areas, and a very uneven rough shoulder areas. It gets worse. The intersection of 60th and Oak is deadly. There are dips on all sides. You cannot see the cards sometimes until they're 30 yards away. Uh this whole thing is a grave accident. waiting to happen. Thank you very much. You guys have a good night. Thank you, Mr. Dale. That concludes public comment on non-aggendaized items. And I would like now like to entertain a motion to approve the regular meeting minutes of March 18th, 2025, special meeting minutes of April 8th, 2025, and the executive session minutes of April 8th, 2025. So moved. Second. All those in favor? Thank you. Next, we have our consent agenda items 1 through 19. Do any members of the city council have any items on the consent agenda that they would like to move to the regular agenda? Mayor, Councilwoman Whitehead. Yeah, I would like to move item five and 19 to the regular agenda. Okay. Five and 19. And seeing no other requests, I don't see any. Uh there are no public speakers. Is that right, Clerk Lane? on the consent agenda items. Uh, mayor, the only I the only item that wasn't pulled was item 14. We do have one speaker, Roger Luri, and that is on consent for item 14. Okay, I see that. Roger Lurri. Looks like somebody left their glasses up here. Good evening, Mayor Barasi, members of the council. I'm Roger Lurri, chair of the Human Services Advisory Commission, and I'm here to speak in support of consent agenda item 14 that calls for the adoption of resolution 13405 approving the commission's funding recommendations for human services. These recommendations reflect the unanimous agreement of our commission after a careful and comprehensive review of over 700 pages of proposals. The breakdown is as follows. $180,000 for Scottsdale Cares. This is a program made possible by the generosity of our residents who choose to donate $1 each month on their utility bill. This program's been in place for 30 years and has raised over $5 million in support of human services needs. This year, we received 22 proposals with funding requests totaling 360,000, double the amount that we were able to fund. The programs recommended address a wide range of essential services for 436 unduplicated individuals, including services such as homelessness, youth and family support, emergency rental and legal assistance, services for individuals with intellectual disabilities, neurode divergent challenges, and persons with autism. Then uh we're asking for approval of 80,000 in general funds to support Scottsdale Community Partners providing brown bag meals to 125 seniors. Jewish family and children services offering counseling to 75 low-income seniors. A new leaf sheltering 12 individuals impacted by domestic violence. and the Scottsdale YMCA providing transportation to 50 homebound seniors. Last 130,000 from Salt River Puma Maricopa Indian Community SRP MIC to support home delivered and congregate meals for seniors. Uh we really thank the SRPMIC for their generous grant funding this. We appreciate the ongoing support of the council and community's com commitment to improving lives across Scottsdale. Um, and we feel that these services are a lifeline for many that we serve during these turbulent times and uh want to continue the partnership with these nonprofit agencies. Thank you. Thank you, Mr. Luri. So with that uh we will take up the consent agenda with uh the absence of items five and 19. May I have a motion to approve consent agenda items 1 through 19 with 1 through 18 with the exception of five. So moved five and 19. Right. Five. One through 18. Now one through 18 with the exception of five. Second. being creative. All those in favor, indicate your vote. Thank you. Those items passed pass. And now I'd like to take up item number five uh in order without putting those at the back of the agenda. Is there anyone here to speak on item five? That is poor poor decisions. Is there staff presentation? Yes. Applicant presentation. Thank you, mayor, mayor, and council members. I'm Casey Stany with the Scottsdale Planning Department here to present case 9P 2024, poor decisions, patio and kitchen. And you can see the site location here. are generally located in the Fifth Avenue district of Oldtown. And closer up, specifically uh on Craftsman's Court, it is just west of that Fifth Avenue parking garage. And it has the zoning designation of downtown with the downtown overlay. So the request before the council today is to adopt resolution 13349 approving a conditional use permit for a bar use on this roughly 2700 square foot establishment. So before we get into the specifics of this particular application, it probably makes sense to go down memory lane a little bit and look at some of the history both in terms of this specific site and kind of bars in general. So in the 1960s the subject site was zoned C2 commercial. Then in 2001 uh it was reszoned to the newly created downtown district which then two years after that had the downtown overlay put on top of that. In 1991 this site was operating as a coffee shop and it also attained a cup for live entertainment for that which remains to this day unchanged. However, in 2000 there's there have been a few different uses over the years. In 2000, the Dose Gringo's operator uh started operating with a series 6 liquor license, which is traditionally bars. However, at that time, we did not require conditional use permits for bars. A couple years later, they added a second floor and they also acquired the parcel to the south uh for a ground floor patio for that restaurant bar. And then in 2004, the city said, "Okay, you know what? We want to start requiring all new bars to go through the conditional use process. This one of course exempt out having already been existing. Uh then in 2020 and in the 2020s there were several operators. Uh they were operating as a restaurant and so that effectively kind of removed that that quote unquote grandfather status of theirs and their their bar use was so-called abandoned. So jump to today. Like I mentioned, uh, a restaurant currently. They want to go back to a bar again. There's no new construction specifically proposed with this. However, there is obviously an existing twostory building, top floor patio, and uh, a sizable ground floor patio. So, the building is about 2,300 ft of gross floor area and then an additional 5,300 square ft of patio space. And because we're bringing things up to kind of the current code here, going to the bar use this time does require additional parking. It would be 24 spaces and uh those would be uh across the street with remote parking. And you can see here uh to the southwest of the subject site in yellow, the area in red is where the remote parking would be. And I want to clarify that there were a couple of errors in the report and in the stipulations that erroneously identified 4,200 craftsmen, which is a flower shop, as being a party to the parking agreement. That is not the case. However, they still do have the 26 parking spaces, two more than they need uh at the area in red. Here's a look at the site plan. The areas shaded in gray are kind of the more uh interior enclosed spaces and the the area in white on the the right half of the of the parcels uh is the outdoor patio. And then for the floor plan, we're looking at the first floor here. Top half of this image is the more traditional enclosed bar area. South half or the the bottom half of this image is that first floor patio. And then if we throw the second floor on there, you can see on the top half mainly open air patio as well. The city did do its standard notification which is notifying all property owners within 750 ft of the subject site. We have heard gotten a variety of public comments a lot in the last 24 hours both in support and in opposition which you should have. That said, this this was uh recommended for approval unanimously at planning commission at the April meeting. So, that concludes the staff presentation. I do want to note that we also do have uh a member of the the police force here that can handle if we need to some of the conversation about the police elements that have been brought up by some of the members of the public. Thank you. Thank you. Does the applicant want to take the next word? Thanks for getting that presentation up. Good evening, mayor, members of the council. For the record, my name is Lauren Proper Potter, PO Box 1833, Temppee, Arizona 85280. And I'm here tonight on behalf of Poor Decisions. Casey and I have almost the exact same presentation except for that I have a a long section that walks through all of the required elements for use permits that are in the code. Um, in the interest of sparing you all of that, I'm going to try to keep my presentation brief this evening, although I'm happy to go back and walk through anything that any of you would like to discuss here. So again, Casey explained the nature of the request. We're here today ultimately because my client needs to obtain a series 6 liquor license from the state to continue operating in this location. He's been open for two years. We've had no noise issues, no complaints. Um, he's been a very good neighbor. We have lots of support. We're very proud of the relationships that Jackson and his wife have established with the other property owners on Craftsman. Um, as Casey kind of showed you, this is the site. This is a map that shows where the support that we have is located. We kept it really specific to our most immediately adjacent neighbors. We think those are the people that are most impacted by the granting of this request. And as you can see, there's overwhelming support here, not only from property owners, but also from the majority of their tenants. Uh we're very lucky to have a number of those people here this evening to speak in support if the council would like to hear from them. And then as well we have a number of Scottsdale residents and patrons of poor decisions. If y'all would just raise your hands if you are here and you've registered to speak in support this evening. Um all of these people are more than happy to tell you their amazing experiences at poor decisions if you'd like to hear from them. Although again we're happy to keep this uh meeting as as short as possible tonight on this item. Again Casey stole my thunder here on my history slide. So I won't get into this. Although I will note dose gringo did open in 1996. So, uh, there was a bar use here for, uh, about 20 years. So, it's historically been a bar use. Again, Casey let you all know that the planning commission did unanimously support this item. We are very happy to have worked with your staff to um, obtain a recommendation of approval from them as well. And we worked specifically through some additional stipulations here to shore up my client's commitment to operate this as a restaurant during the day. And then as the sales sort of gear a little bit more alcohol focused in the evening that changes. But so we wanted to make sure that the the residents on the street, the property owners, the tenants, that everybody understood there's a commitment here to continue operating as a restaurant during the day. And so the stipulations that we've come up with require lunch to be served. Um it limits the hours of operation some days of the week. No cover will be charged. And I think this is probably the most important stipulation. And I know that there's a a property owner on the street who has had some concerns with the lack of enforcability uh against a different operator, not my client, but another bar um that he's had some issues with. And that's the great thing about the conditional use permit. It gives the council an opportunity to provide teeth to your staff, to your police department here to make sure that these operators are being responsible and being good neighbors. But we've got another layer here. We have direct stakeholders on the street with an ability to control who goes in here and to ensure that there's proper behavior. And so this stipulation requires the parking spaces to all come from one specific property owner directly across the street. I understand there's a a typo in the stipulation, so I kind of crossed that out. I think that'll need to be modified ultimately. Um, but the intent is that they all come from a singular property owner. That's hard to do. 26 parking spaces anywhere in Oldtown. It's not easy to come by parking. Um and be the property owner is here tonight to speak in support. He's so strongly in support. He is giving my client these parking spaces free of charge. They're valuable and that's that shores up his belief in my client. He's aware that that my client is a good operator. They have a great relationship on the street and it gives a private property owner additional teeth. So beyond the city enforcement mechanisms, if Joe doesn't like the way Jackson looks at him on Sunday, he can terminate the parking agreement on Monday. 30 days, that's it. So it's a very strong incentive to my client to continue to be a good neighbor. And he's made that commitment um to his neighbors on the street, to you all. And there's some additional stipulations that we would like to offer up this evening to shore up the commitment that my client has to continue to be a good neighbor on this street. one of these. I'm not aware of any uh operator that has a CUP in Oldtown or elsewhere that's agreed to this stipulation, but we're going to agree to a noise level limit and that 75 dB will agree that we will not be exceeding that. That would be a violation. Um right now the noise ordinance is not enforcable in Oldtown unless you're in a certain proximity to single family residential. So, it's an additional enforcement mechanism for the city. Um, and then I I have proposed a stipulation that I think staff would like worded a little differently. We've agreed to come back in a year for a review. I believe the ultimate stipulation that your staff um would find acceptable is that this use permit expires in one year. So, my client has one year to demonstrate that with a series 6 liquor license allows him to just remove the pressure of food sales from his business. He will continue to be a good operator. And if he's not, he only has one year. he'll be before you. That license will expire unless it's renewed by you all. So, um I'm happy to walk through some of the additional requirements for the use permits if you'd like to get into kind of the nitty-gritty zoning ordinance stuff. I highly doubt anyone's interested in that, but um I was told by the clerk that I will be sharing my time this evening with my client. I would like to introduce him to y'all and just have an opportunity for him to um let you know the commitment that he's made to Scottsdale with his business. So, Jackson, if you and Mo'Nique want to just uh come up here and say a few words. You have four minutes, but do not feel obligated to use them all, please. Madame Mayor, council, thank you for hearing us. Uh my name is Jackson Armstrong, my wife Monnique. Um I will talk briefly. Um, we have been in the industry for 28 years now. I've been an operator, manager or owner for over 20 years now. I have owned restaurants, never owned a bar bar. Um, the only reason that we are going to have to do this as a compliance issue with the state. Um, it is important for me to be a good member of the community. We have owned these restaurants in Chandler. Um, we have uh this has been a dream for us to own something in Oldtown Scottsdale. Scottsdale is the mecca of good restaurants, nice hospitality environments. This became a um a dream come true a couple years ago through our um our amazing landlord to be honest with you because there was a lot of people vying for that for that building. Um that being said, we have it has been a very tough two years in that location. Um with uh with the streets being shut down for the the hotels being built with um just the history of that building of the last tenant, we have had to deal with um scraping some of the uh yeah the ick as she says off from the last building that caused a lot of problems for that street. It is important for me to be a good member of that street, a good neighbor to that street. Um, and the truth, the reality is if we are not issued an a permit here, we will be closed. And that means everything that we have put in. And I will tell you, we have sold our businesses in Chandler to financially support this. I am not um a member of these large entertainment groups in Scottsdale that have unlimited funding behind them. This is we work in that that building. I scrub toilets and mop every every day. My wife cooked in the kitchen all day today. So, this isn't an investment. This is a way of living for us. So, for me, it would be devastating to not be able to move on. I am more than interested to um work with any of our neighbors. Um we have a lot of support. We have a lot of support from um business owners, patrons. It's important to me um to get along with our neighbors. I don't want to be a thorn to anybody. And I want this place to be a place to celebrate and commiserate. If something is great, you come and celebrate. If it's something bad, you come and commiserate because you've got a family environment to do that. We are a family establishment. We have kids that come in with their families to watch soccer. We do um a lot for the community as in fundraising um for different charities. We want to be a part of it and um we've tried to demonstrate to be good community members. That's our intent. I hope I hope that we can be there for a long time. Thank you. Thank you, Councilman Graham. Do you have questions? No. Just a question about the parking and thank you for the presentation. The there's 26 spots in that agreement you you cited. Correct. Yes, Council Member Graham. And then if they like you you kind of made a joke like you know if he looks at me the wrong way, I can cancel it, right? I certainly hope that Mr. Garrett Jiola doesn't actually do that. I didn't want to give him any ideas, but um the agreement does have a 30-day termination clause. No no reason at all necessary. Well, I'm just saying if he decided, hey, I don't like the way like what will you do to meet the parking requirement? As the stipulation is crafted, uh there we would have to come to staff and find an additional 24 parking spaces in the area. Your ordinance requires that those spaces come from within 600 ft. I know for a fact that there's um only one or two other places that those could come from and it would be very difficult to come by and it would be incredibly expensive. So, practically speaking, Council Member Graham um my client would likely not be able to make those spaces up. And so, as a result, Mr. Garola has a pretty significant amount of control over making sure that the user that goes in this space is abiding by uh these stipulations and continuing to be a good neighbor. Can you uh can you I mean not tonight, but can you send us a a copy of the agreement, parking agreement that you said you Yes, council member Graham, happy to do it. And not only will I send you a copy of it, it'll get recorded. Um your zoning administrator will sign off on that and those are recorded documents, so it'll be public, but I will get you a copy of it for sure. Very good. Thank you. Yes. Thank you. Thank you. I'll take the speakers now. Joe Graola Jr. I thought you just said, "Meroski, members of the council, my name is Joe Garajiola Jr., my sister and I own the building at 4160 North Craftsman Court, which is essentially across the street from Poor Decisions. Um, prior to she and I owning it, my parents owned the building uh since the 1980s. So we have been on craftsman court for 40 years and as they say we have seen them come and seen them go. I am here tonight to speak in support of poor decisions and in that regard I would make three points to the council. Number one, as you have heard, they have been there for two years. And in that time, in my observation, they have been good operators and good neighbors, which stands in stark contrast to the prior operator who quite literally cost me a tenant. One of my tenants declined to renew her lease and specifically said it's because of what was going on across the street. So if poor decisions leaves and somebody else comes in, who are they? What do they do? I don't know. I know them. I've watched them. So this is an instance where I much prefer the known to the unknown. Number two, when I was made aware that there was a lot of conversation going on up and down the block about this permit, uh I met face to face with all of my principal tenants, three of whom have groundfloor spaces, so directly across the street. And I discussed my feelings, my observations, why I thought it was in our benefit for poor decisions to stay there. And I can tell you that among my three big tenants, there is no opposition to this permit. And number three, and you have heard about it, the parking agreement, um it does contain language that says we can terminate that agreement without reason or cause. And um Mayor Baronsky, Councilman Graham, it's a joke, but it's not a joke. Okay? If something were to happen, and I do not for a second believe it will, but if something were to happen, I would not hesitate, and I have told Jackson this, he's heard it from day one, I would not hesitate to terminate that agreement if something was going on that was negatively affecting our tenants. And as you have heard, without the parking, there is no license. And without the license, there is no business. So, I think it is fair to say that they are highly incentivized to not have anything go wrong so that I pull the plug on this thing. I think they're good operators. I think they're great neighbors. Uh, I hope they stay for a long time and are very successful. Thank you. Thank you, Glenn Shep. Well, let's show and tell today. It's the first lease, at least that I know of, in Scottsdale. Um, old town, obviously. This one is dated 45. So, Scottsdale wasn't even a city then till 52. If any of you like to see it afterwards, just let me know. We've been here a while. Mayor, honorable madam, mayor and council members. We've been here a while. Um, my great-grandfather is here when Arizona became a state. He's in law enforcement up in northern Arizona. Moved here after the family had a miscarriage, be closer to doctors. Um my grandfather on my dad's side started working out in high school uh Earl Ship at Buyer Market. 1935 Mr. Buyers came to him and said, "I'd like to sell you the market." Well, my granddad said, "I don't have the money." Uh well, Earl, just take it and I'll give you the inventory with it and when you uh make it back, you just pay me back. I guess that was an early carryback loan. This lease was for a gift shop on the patio of that Earl's Market. So, I know a lot of you have second jobs. So, thank you for your time. Heck, some of you might even have lives outside of city council. Um, I've worked a lot of jobs myself when I was young. worked in hospitality in Austria. Uh service industry worked in uh uh after college uh served in South Korea uh as a intelligence linguist low-level voice intercept north of Soul. Um thankfully never saw any friends pass away. Um worked in the entertainment industry, commercials and film and TV. worked in property management for my family since I could push a lawnmower. Um, of all the jobs I've had, all of those have been jobs that require hard work. And as a property manager and a property owner and a stakeholder in Scottsdale, I think some of the I've I'd have to say that um rest our tenants. We own mostly retail and uh restaurant commercial holdings, very few residential. Um, I'd have to say that rent restaurant tours are a special breed and I'm not sure that they do have a life outside their job. It is their life. It's their livelihood. And that's why I'd like to say we're behind Jackson 100%. We looked long and hard for him. Someone like him. Jackson was a patron of Doingos as was I and uh he brings that vision and of that nostalgia of Oldtown and uh we're here for it. Take care. Thank you, Mr. Ship. If you'd like to see Jackson's lease, it's grown quite a bit. Yes, it has. Thank you. We'll call up Megan Corollo and Sandra Singh after that. Megan. Megan, Sandra. H. All right. Did we lose the mayor? She just had to step away. I'm vice mayor, so we can proceed. Uh, I'm Megan Corollo. I've been a resident of Scottsdale. My address is 9416 North 80th Place in Scottsdale, Arizona 85258. Um, good evening, Vice Mayor. The honorable mayor has stepped out and council members. Um, I own Flower Bar located on Craftsman Court directly across the street from Poor Decisions. I've been a resident of Scottsdale since 2007. I started my business in Scottsdale in 2011. And in 2017, I was able to acquire the building on Craftsman Court, which is now home to my floral design studio. As you know from my email, I'm opposed to this permit as it puts a bar directly across the street from my business and changes the very fabric of a part of the city that I call home. I know it was a bar. Um, just because it has been a bar doesn't mean it should continue to be a bar again in the future. Um, Craftsman Court isn't just another street in Scottsdale. It's a cornerstone of Scottsdale's identity and it's where you can find luxury retailers, boutiques, fine dining, art galleries, small businesses like mine, and unique residences. As a small business owner, some of you know that life. Um, there are a lot of times when you're at your business more than you're at your house. And my family will attest to this. My studio is my second home. And I know I'm not the only business owner that spends the long hours on Craftsman Court because I see my neighbors in the parking lots late at night and on the streets driving home. When I chose to invest in this location, I did so based on Scottsdale's plan. A city plan that outlined the purpose and vision for this area of Oldtown. One centered on unique retail, upscale dining, art, and a walkable street. I've invested hundreds of thousands of dollars into my property and business to complement this area of Oldtown because it's a different kind of Scottsdale. It has a small town feel that is charming and deeply local. There's a reason the Kimy Project is investing $150 million at the end of the street. It's because of our charm, not the bar scene. And that's why another bar doesn't fit in this area. At the planning and zoning meeting, several assertions were made that don't reflect reality. It was stated that the community largely supports this change, but myself and 17 other business owners, tenants, and property owners have expressed opposition. 17 isn't a minority. It's a clear voice from the heart of this district in this neighborhood. From people who have been there longer than just a few years, and people will keep who will continue to be there for many more years to come. Restaurants can make it in this area. The proof is literally in all the surrounding neighborhood dining spots that are thriving. From bre breakfast spots like Chop Shop in its flagship location to Citizen Public House and its three plus decades of success. I love the idea of a restaurant being across the street for my business. Who wouldn't? And I'm far more likely to visit a restaurant for lunch than I am a bar. If the concept is not going to change, then the applicant doesn't need a bar license. They just need a a different concept. Allowing a bar here would unravel the delicate balance and charm of Craftsman Court. We're proud to be a destination for families, for art lovers, for tourists looking to stroll and explore, not just party. A single permit may seem small, but their ripple effects will be significant and lasting. Let's protect what makes Scottsdale special and invest in long-term success over short-term gains. I urge you to not approve this permit. Thank you, Sandra Singh. Followed by Steve Johnson. Good evening to all. My name is Sandra Singh and um I am the owner with my husband of the Taj Mahal which is on 4225 North Craftsman Court and we're are neighbors to the poor decisions. We have been there for it's going to be nine years this next summer and we are so happy to be part of that street. Um and we have seen um we were there when those gringoes was there and they didn't did they do do an amazing job and then we had the neighbors that were there the bad ones and um I understand where if anybody is against this um because of the bad neighbors I can understand that. But with that being said, um Jackson and his wife have been uh taking care of this place the last two years and we and I'm here not to take sides, you know, because we like to like we like to be a good neighbor. And my husband didn't even want to even come here because he's just like I don't want to take sides. Like I don't want to do that. And it's not it's not about that for me. The reason I am here today is because I am a person that believes in what's either it's either right or it's wrong. And I had to speak my words today and say that I have no problem with them um continuing to run this place next door poor decisions. I trust that they will not uh make it a place of what it used to be when that old landlord was there. Um I can say that I've never had have to call had to call the police department or have had any issues with even the music being too loud. I we've never had any problems with them at all in the last two years. So, I don't see why it would change if you were to um continue letting them u do their business. Um with that being said, I also trust the law enforcement and the liquor department. If they were to like become a problem, they could easily get their liquor license snatched. Like you would shut them down and I trust you that you would do that. So, and so there's like regulations and laws and rules that they would have to like still apply to. And so then I'm not worried about it. You know, if they were to become a problem, then they would be shut down. So with that being said, I do support um them to be continued in business because for me as the restaurant owner next door, it is important that we don't have an empty building next door. It is a very big building and yeah you can say it might be a hot spot but really it is a big spot and it's might who knows you might stay empty for a while and I and they bring business to us just as we bring business to them people come in for dinner you know before heading over to next door and have a drink and listen to the the music or vice versa you know they go there to listen to the music and then they want to come have food over at the Taj Mahal so it helps us you know so Um, with that being said, yeah, just hopefully they can continue to be our neighbors. Thank you for your time. Thank you very much, Steve Johnson. Uh, good evening, Mayor and Council. Uh Steve Johnson. I've owned the property on Craftsman Court for uh 26 years now. I live there. I run my business from there and I have a retail tenant there. Um I have a long history with the ups and downs of this street and at one time we had five bars on our street which was an absolute nightmare and very difficult for all the surrounding businesses. Over the years, the city has developed the uh nine distinct districts and, you know, opened up the entertainment district, which is, you know, full of bars. And that's when most of the bars gravitated off our street and we kind of regained our street and it's evolved into more of a um unique specialty area and stuff. Um, I've sent many emails on the opposition of the conditional use permit for this bar, totally backing up my statements with facts and history and how the city handles um, situations with the bars. And I hope you take all that into consideration. Uh, there was a lot of gray area and gray comments made with the presentation on this and I just hope you do your due diligence and and look into that. I see I feel the city's creating a very slippery slope and passing this. You know, one day they might say, "Yeah, we we just want this." And then who knows, a month from now they can change their model again and now they have the CUP and then all of our hands are tied. And again, my experience of dealing with the city with CUPs, they turned a blind eye very often on this situation. Um, I think you all have run on a wonderful catchphrase of the quality of life of Scottsdale and you want to improve it and make it even better and passing this will totally go against that. Um, Megan and I spent many days going around talking to all of the businesses on the street um for their feedback. Most were totally unaware of that this is going on. And um I hope that you take the um opinions of the 17 people that signed in opposition of this as opposed to um some patrons which have a totally different perspective. Of course, a patron would want the restaurant and bar to exist, but the people that have to continue to do their business around it are the ones that have to deal with this. And it takes an incredible amount of our time to have to deal with the city. if things go south and I just, you know, hope to God it doesn't go south. U I'm all for having a great restaurant. That's what we were sold on two years ago. I think that's fantastic. I don't think any of us neighbors should have to pay the price because their built business model hasn't worked for them and applying for a bar now. Thank you. Thank you very much. And that was the last speaker on item number five, Councilwoman Whitehead. Thank you, mayor. I I just want to thank everybody who spoke and and everybody who wrote as well. I mean, again, this is what defines Scottsdale. We are definitely engaged. And I also think what I like about Scottsdale is not only are we engaged, but we are kind of a solutionoriented community. And the fact that we had the government, you know, the the elected officials, the staff, the private property owners who's been here for two generations, it's just been a good process. I I also want to say I want to thank everybody who has a small business in this area and in any area I it is such a risk. It is such a it is such an investment of everything you own and that's the case for uh Megan her business as well as um as well as Jackson. So, um, I really admire people who do it because nobody wants to go visit a town that has just a bunch of Kmarts. And I know they're out of business, but you know, fill in the blank big box store. We want to go to small businesses that are unique and cool. And certainly both the flower shop um and and uh this poor decisions are very unique and interesting. Also, um this is a case where everybody involved I know and I like um Steve and I go way back. He's been uh we've been communicating since I got elected and he's taken me on tours and we've had a lot of successes. But I do want to um I'm going to offer a compromise to get us to where I think we need to be. But I think the general public doesn't understand a cup is not zoning. When when an applicant comes to us with a zoning case, we can say no for any reason we want. We can say no because we don't like what the city manager is wearing today. You know, we literally have a lot of leeway. We don't have that leeway with a cup, a conditional use permit. Um this this city council, this body can deny it if it's an inappropriate use for that site. And as we know, this site was a bar for 20 years. And I also want to say the site didn't change. The city's bureaucracy changed. So in 2004, the city required a cup. So that liquor license, whether it's six or 12, we don't we don't have any say of that. as they as they pointed out, that's the state determination of which license you have, not us. But we added this level of bureaucracy called a cup, and that was intended to protect the public against a use that is inappropriate in an area. But what we have here is the possibility that if we don't approve this cup, we're actually using something to protect the public. We're using it to hurt the public. Because if we tell a business they can't be in business anymore when they're absolutely in the right location and this is a use that has you know been used over and over again for for this for a bar then then we're doing damage. So it's always that balancing act. We want the regulations to protect the public but we as the leaders as the elected leaders we have to protect against the misuse of these regulations. And so that's what I see here. Now that said, Scott's still special. We always like to bring everybody together and we did have a lot of, you know, questions. So, um, noise and and I want to tell you noise isn't just an issue by the entertainment district. We get noise complaints everywhere, okay? People don't like noise unless maybe they're making it. So um the but back to the noise this applicant has offered us again in a mixeduse area we don't that our sound ordinance that it doesn't apply it applies in McCormack Ranch right so this applicant has agreed to stipulate noise and Steve's right it's hard to enforce but you know it is it is a stipulation and his cup will depend on it um he also has very generously offered to allow um to allow me or to allow anyone on council to um to amend this uh request to limit the cup to expire in six months. That's a very short period of time. Um this has been a very stressful 48 hours for this business, these business owners. And I don't want the next six months to be stressful. I want them to be solutionoriented because again this is a business that belongs in this location based on the zoning and based on past uses. So this council has very little what we have the power to do is come up with stipulations based on the input of the residents who are concerned and for the right reasons are concerned to make sure everybody gets along. That's really our power. And so, uh, with that, let me put on my glasses. I am going to make a motion, and that doesn't mean everybody else can speak, but I'm going to make a motion on item five and request that the conditional use permit criteria have been met and adopt resolution number 13349, approving the conditional use permit for bar use of a 2700 foot establishment with downtown retail specialty type one, downtown overlay DRS-1 zoning. Um, but I'm going to add these stipulations. First, I'm going to strike the one address, 4,200 Craftsman Court for the parking. Strike that. Um, add a stipulation that noise levels from this establishment shall not exceed 75 dB when measured from the west side of Craftsman Court. So, that would be the opposite side of the uh that would be where the businesses are that are concerned. and also um put a term of conditional. I'm getting notes. Oh, one year. Okay. Okay. We're going to go over that one year. So, uh and that gives us more time. So, this conditional use permit is valid for one year unless it is first amended or renewed. So I think that's really a collaboration of the leaders up here, our staff which are our superpower and all the people in that neighborhood. So I hope I get a second second. And can I speak to that? Yes, Councilwoman Mckllen. Okay, I want to speak to that. Um, I appreciate uh a lot of what Councilwoman Whitehead said about small businesses and everybody pouring, no pun intended, pouring their lives into their small businesses. I'm a small business owner also. And uh but I I really believe that like what um Councilman Quasman said and what Councilwoman Whitehead proposed, the one year gives you the time to prove what you've told us. And hopefully to all of your neighbors, those 17 neighbors will come back next year and say, "You guys are rock stars." And um that's why we do that. Uh, I also would like to commend um uh the blend ship for coming and showing the lease. And for those of you who may not be Scottsdale natives, Earls was the shopping store. Like that's where you grocery shop. And to think that Blenn is here showing us the original grocery store of Scottsdale where I went as a kid is so very cool. So, thank you for sharing that. And um that's my second. Thank you, Councilman Clausman. Thank you, Madame Mayor. So, I want to be very clear on this on the one-year stipulation. Um this is not a punt so that in a year from in a year from now, it's just a wave off and it's fine. And this one year means something. There's going to be teeth to this. And I want to be clear that I believe in you. I believe in the entrepreneurial spirit. I believe in the success of anybody who works like you do, like your beautiful wife does. I want to make sure that this is right for the community. I trust your landlord. I trust your neighbors. But I want to make sure we want to make sure that this is right for Scottsdale. And one year conditional means one year conditional. I just want to be I just just so that everybody knows and everybody's aware that if that if we if if you don't end meet your end of the bargain that's it. Thank you. Thank you Councilman Graham. Councilman Thank you, Mayor. Councilman Quasman put in words what I was thinking. He kind of organized my thoughts. Um so I'm a reluctant yes tonight and um we're watching you. I'm just kidding. But seriously, no, I'm just kidding. Seriously, uh it's um our downtown is so special and when you introduce elements in one area that don't belong, the speakers are right. I mean, it can just it can just change it. it can adversely change it. And so tonight, I'm a reluctant yes and revisiting for a year. Thank you, Councilwoman Littlefield. Thank you, Mayor. Um, I'll duplicate what Councilman Graham just said. I was coming in here thinking no way. I am a reluctant yes because of what has been presented to us tonight. But you have a year to prove yourself. Thank you. I don't see any other speakers, but good luck. Sounds like Sounds like you're in good shape. We'll come see you see your new place. Uh all those in favor of passing uh item number five, poor decision cup, indicate your vote. All right, moving right along. [Applause] Next we move to uh what was consent agenda item 19 um regarding authorizing a resolution or adopting a resolution to authorize outside legal services contract related to acts on legislation. Yeah, I I just wanted to speak to this and um hang on, let me I forgot my iPad. Um I I just want to offer my colleagues um a motion to um continue this item. and my reasons are many, but I'm just going to keep it simple. Um, I don't think this is a I I don't think it's ripe. I don't think the law hasn't come into effect. We um still have opportunities to communicate with Axon. Oh, there are public speakers on this item, I believe. Should we have the public speakers first? Yes, but you jumped in to tell us why you took it off the consent agenda. Yeah. Okay. I'm and I'd like to hear from the speakers. Thank you. All right. Uh there are four people that have indicated their wish to speak on this item. I'll start with Dan Isaac, then Andrew Greybar, Dr. Sandra Ole, and Nick Vanhe. Long time no see. uh Dan Isaac address on record. The people who ran on fiscal responsibility after pushing away millions in road funds after risking tourism dollars because of ideology who want to spend 21 mill million dollars on an unneeded parking structure ruining the most historic part of Oldtown and who didn't want to spend money for an election so we could know the actual will of the people regarding Axon now want to spend multiple six figures to continue their assault on a local company and residents need to understand that this initial approval is just the first trunch. Some estimates are that they want to spend a million dollar or more for their vendetta, spending $875 per hour for the lead attorney. So, just to reiterate, we wouldn't spend money on an election this year that would have conclusively shown whether residents support the development. But now you want to spend even more to fight the recently passed bipartisan bill that would not have been necessary had we held the election this year. And before you claim this is about fighting legislative overreach, did we hire outside counsel and spend seven figures to fight the other ones that our state legislature imposed on the city of Scottsdale? the one that prevents us from regulating STRs, the ADU override, the multif family zoning override, the ESA expansion, school funding limits, and so forth. No, we didn't. But somehow trying to drive out a company that contributes billions to the state of Arizona and has supported our public our police department is somehow a good expenditure in your eyes. Your decision some of your decisions are truly remarkable and not in a good way. Thank you. Thank you Andrew Greybar. Good evening, Madame Mayor, members of the council, and staff. I'm here to ask you to please reject item number 19, allocating $200,000 of taxpayer contingency to fighting SP543. I am a regular unaffiliated South Scottsdale resident here advocating for integrity and common sense instead of instead of singing my 2-year-old daughter to bed tonight. And it's for reasons like that that you don't see people like me here at these meetings because we elected you to make good decisions in ourstead rather than in the interest of the view from our backyard or the traffic on our drive to AJ's. The people who would propose those oppositions are always going to be here. They are a very homogeneous demographic. And if one thing is clear to me is that their limit their interests are incredibly limited. Not jobs, not housing, not economic diversity, not advanced manufacturing, not amenities, mostly just traffic. And if it was just that, I wouldn't be here. I'm here because of the rampant and pervasive misinformation of their campaign, starting with the $100 million lie. It is seen throughout all of their statements to the press. It is seen throughout their social media campaigns and it's seen throughout their comments um here in the council chambers. Here's how they arrive at that math. 74 acres times $24 million or 20 million I'm sorry $2 million per acre equals $148 million minus what Axon paid for it is 49 which is 49.1 million equals 98.9 million not 100 but what is 1.1 million to people who don't have any interest in telling the truth number two their signature campaign here's the man who was arrested while collecting signature at bashes. Uh here is a comment from a resident that I received saying that they had signature gatherers come to their homes five times despite being sent away when told they didn't want to sign. Number three, the source of the funding. TA's advocates will not reveal the source of $430,000 worth of funding raised to gather signatures that they paid $6 to 8 per signature for. Number four, the housing crisis. I could spend 10 minutes on it. I trust you guys to acknowledge that it exists and to take take steps to tackle it here in Scottsdale. And number five, the reimbursements. Given that Bob Littlefield sits used to sit on city council, I find it shameful that he would represent routine and ordinary reimbursements for the construction of Mayo and Hayden uh as conspiracy with the council and the council staff. And as someone in the industrial business, I actually find it laughable that given this project would return to its industrial zoning, they would ask for truck more truck traffic. So, I ask you to please take into consideration the state's mandate that we tackle the housing crisis and preserve a manufacturer in Scottsdale instead of spending 600,200 2 million of taxpayer funds to fight SB1543 on behalf of the Nimbies who would oppose this project. Thank you, Dr. Sandra Ol. Good evening, Mayor Browski and council members. I'm a resident of Scottsdale Stonebrook, which is the community of homes that is just south of the Axon development. We are the residents most directly impacted by this project. When I first heard When I first found out that Axon wanted to add housing and retail to its campus, I was shocked and upset to put it mildly, especially considering the scale. I wrote letters to the editors speaking out against it. I went to city council meetings and but as the project evolved and the city negotiated some really important concessions that would make a meaningful impact on our neighborhood. It became more palatable. The buildings closest to us would be lower and there would be a greater setback. They added a burm and would limit Axon Way and 82nd Street to our community. The project was approved in December and I accepted it because if you're going to buy property next to undeveloped land, you have to expect it's going to get developed eventually. You might be surprised to hear that I was actually quite concerned when the petition started going around to squash it. I didn't sign the petition, but many residents who lived nowhere near the land did. Axon's request for the change in zoning is what actually gave the city leverage and the ability to negotiate and make it better. If Axon now did not build their campus, the land would revert back to light industrial, which means there's no reason that an Amazon fulfillment center or something like the MAC development on Princess and the 101 couldn't go there. 300 semitruck trips in and out of there a day, that's what I read, in my opinion, is much worse than a multi-billion dollar company providing jobs, housing, and tax dollars to our city. Unfortunately, the city wouldn't push up the vote, so Axon had no choice, felt it had no choice but to go to the state. I'm here tonight to urge the city council to vote not to spend $200,000 to explore a lawsuit and then potentially millions more from there. It just doesn't make any sense to me to spend all of that tax money to fight a bill that would bring jobs and tax dollars to our city and state. Leadership doesn't mean always making the most popular decision, but the better decision. And these decisions can be quite difficult because the choices aren't perfect. Lastly, Axon says they want to be a good neighbor, and I do hope that they will be and honor the concessions they agreed to in December regarding our community. Thank you. Thank you, Nick Vanhe. Mayor Bowski and members of the city council, thank you for the time this evening. My name is Nick Van Hefty. Uh I live at 8088 East Maria Drive in the Scottsdale Stone Brook 2 subdivision with my wife and my two young daughters. As you know, as my neighbor so eloquently just put, um our neighborhood is the south southern border of the Axon development. Um, I'm here today to just respectfully urge that you do not continue down this path of seeking litig litigation against the state um on the on bill uh SB543 that the governor just signed. I recognize that the intent of this is to protect the residents of this city, but please protect those that are closest to this development. The first plan by Axon wasn't great. I' I've been here for years, every meeting. It wasn't great, but they came back to the table. They worked with us as a neighborhood. They negotiated with us. They negotiated with some of the council members here, and they brought back something that was better, that we liked, that we felt part of. If you guys move forward with this, you're going to take that away from us. We worked hard. We spent a lot of time here. I spent hours in this building that I could have spent with my children. And we as an or as a community didn't like this at first. I'll admit that. But things have changed. And I would tell you that there are very few people in our neighborhood that still are against this. Many that absolutely want it. And most people are just indifferent. They have better things to do and better things to worry about. And they just simply don't see an importance in it. So, you know, as a taxpayer here in Scottsdale, we've got really crazy economic times upon us. And I can think of a lot better things to do with our taxpayer money than chase down litigation against an amazing company and truly ruin a neighborhood for a bunch of really great people. So I urge you to vote against this um continuation of this litigation against the state. Thank you very much for your time. Thank you. I don't see any more speakers and I don't see any presentation. Oh, you have other comments. Okay. I I see you. Okay. Yeah. I I'm gonna um first of all, once again, thank you to all the speakers and I also see uh former Councilwoman Janick in the audience. Uh you know, we spent and I know Councilwoman Littlefield also spent I don't know how many hours, okay, granted, my kids are grown, so I didn't miss out on any dinners with them, but we spent a lot of time um getting to the point that we got to last year with Axon. And the concessions they made were so so important to me because we have Scottsdale. We've always aimed to make sure development isn't just good enough, it's good enough to raise the bar for everybody around that that parcel, which is what we did. Was it perfect? No, no, no, it was not perfect. But it I it absolutely and my the residents really mo the majority of the residents can't get everybody on board but the majority of residents felt for sure that this would raise their property values. Besides that, how did we get here? The referendum happened and I also had I'll be honest some bad experiences. I mean I kind of know what the referendum was about and some of the things these paid petitioners told me were like anyway not true. Um, but that doesn't matter. It was a referendum and it is it deserves to go on the ballot. However, it deserved to go on the ballot right away. It deserved to go on the ballot so that the very people who signed it would also get to vote on it this year. And I get that my colleagues wanted to save the $600,000 it costs for a special election. Point of order. Point of order. We, Madame Mayor, this is not on topic. We are we are simply voting We are simply voting on approval of of legal expenses. Okay, that is that is actually quite accurate. I will accept that. But I'm asking I would like to point out that the $600,000 saved and not putting a special election on this year will be invisible compared to the cost of legal action, especially when this law hasn't even gone into effect. The legislature isn't even out of session. So, I am going to make a motion to um continue this item number 19 until a date um to be determined based on uh here we go. Let me So I am motioning I make a motion to not adopt but to continue resolution number 13415 until a uh a date to be determined. Second. Councilman Clausman. Yeah. I'm not gonna I don't want to speak to the motion. I just have a couple questions. First of all, um uh Attorney Scott, can I just ask you a couple questions? 200,000. What's the reasoning behind the 200,000? Could it be 100,000? Could it be 50,000? What's your reasoning in terms of in terms of the number that you chose? I'm sorry, I did not speak through the chair there. I noticed, Madame Mayor, Madam Scott, 200,000 100,000. What's the reason? Um, Mayor Bowski and um, Councilman Quasman, uh, the reasoning is that we need to get through the end of this fiscal year. Uh, this outside council does charge $875 an hour. Um, the estimate is somewhere between 100 and 200,000 and so I estimate it high. um so that we didn't go over that amount to do all of the initial work to evaluate um the case and the theories of the case etc. Um thank you returned for an executive session with the council. Um those are all the expenses that are included in that $200,000 number. And and thank you Miss Scott. Does that does that allocation and that budgeting does that um is that a guarantee of a law of a legal action being filed by the city of Scottsdale? No, it is not. Okay. And and would you say that in in uh whether it's a whether it's a corporate to corporate um dispute or any type of constitutional challenge that might occur? Um, is it would would you recommend seeking legal counsel and ensuring that all our options are available to us or none available to us in terms of getting the full view of the view screen of uh of the lay of the land in a in after a uh after a new bill is passed. Mayor Barowski, uh, Councilman Quasman, if if the council is considering, uh, legal action moving forward, yes, I I would definitely advise the council to study that, uh, with the help of, u expertise and outside counsel at length before making that final decision moving forward. And can you can you please, Madam Chair, um Miss Scott, can you please talk about um Dominic Dre and and his background and why he might be a good choice for this council? Uh well, m Mr. Dre, I I interviewed several lawyers prior to uh recommending Dominic Dre. He's with an excellent firm of Greenberg Trrowig. He is a former solicitor general uh for the state of Arizona, meaning he had the top litigator position um appointed by the attorney general for the state of Arizona. Um he does a lot of constitutional work and a lot of appellet work. Um he he has a very impressive uh deep resume in these types of areas. Thank you. And and just, Madame Mayor, before we before we vote on anything, I just want to I just want to say to the members of the press that are here and members of the public, I want to reiterate I believe in a deal with Axon. I believe in a compromise. I we are in we are in contact as recently as last week, we will speak. And I believe that we will find a compromise that works. But the fact that everybody here is talking about Axon in my opinion belies the fact that there's a possibility that the legislation that was passed that was known as the Axon bill might be special legislation and unconstitutional and the only people the only way we're going to be able to have that information whether we make an action or not and I hope we don't I think we could absolutely come with a compro come to a compromise is to seek counsel. Axon has counsel. Why can't we have the council that gives us the type of legal the the legal uh understanding and the knowledge as everybody else? Unfortunately, it costs a lot of money, but welcome to the world of corporate law and welcome to the world of high stakes appellet leg uh litigation. Um I think that we're getting one of the best and I think that I think a $200,000 budget does not mean a $200,000 expenditure. I think that we could do this for a lot cheaper than $200,000. I think that I look forward to hearing and learning about what the constitutionality of the legislature. This is beyond act. I truly truly want the the public to understand that this is not actually about axon. This is about the citizens right for referendum and the citizens right to have a stake in their own democracy. something that has been part of Scottsdale up until la uh a month ago, three weeks ago. So, with that, I want to make I want I want this council to understand that getting legal advice is not a bad thing. All it is is just getting leg as an attorney, I'll tell you, getting legal advice is just getting legal advice. That's it. Thank you, Councilman Quasman. I'm going to chime in here because there's been quite a few um I think misunderstandings uh from the speakers and first of all I don't know what you're talking about or what someone else is talking about. We never considered the question of an early election. We never took a vote on that. So um quoting us as not being willing to do that is just false. Uh certainly had it come before us, it would have been well thoughtfully contemplated and perhaps approved. Uh 1535 SB 1535 trumps your development development agreement at Stonebrook. That's the result of it. So at this point based on what we know and again we're lawyers. We don't do this kind of work. uh this person that we're looking at retaining does do this kind of kind of work and we need the advice that you all need and deserve. At this point, 1535 appears to be an anything goes project at the Axon site. And because Axon representatives have not been meaningfully engaged with the city about quote unquote compromising, which I believe should happen, and that's the goal for me, that we come out with as good of a project as you think there was, Stone Brook residents, or preferably much better. So, um, there are many issu Oh, aside from Axon, as Councilman Quasman said quite a few times, this is very bad legislation for our community. So, there are other sites in Scottsdale trust, Arizona State Trust sites that would potentially be further impacted by this. So, we need we need to know where we stand versus the rhetoric of, you know, what's gone on in the press and Axon's spin on things. Um, I would really like the opportunity to be in a position to come back to the table, negotiate a great situation with Axon and the city and and overturn 1535. That's my goal. So, uh, with that, I know there's Councilman Graham and Coun Councilwoman Whitehead, uh, that still want to speak. So, I'll turn to Councilman Graham. Thank you, Mayor. There were a lot of very good comments up here that were made. Uh, the mayor made some good points. Councilman Quasman made some excellent points. Right now, as we sit here, there is a motion on the table that's been seconded by Councilwoman Whitehead. A motion to not do anything. I believe residents deserve for us to hire the best legal minds to look into this legislation in all legal avenues to protect our residents and to protect their rights. The motion on the table to do to continue means we won't even consider our options that we're putting our head in the sand. The motion on the table is waving the white flag of surrender. The motion on the table from Councilwoman Whitehead is a motion to retreat. The motion on the table sends the message that we are afraid to stand up for you and to stand up for Scottsdale. So, I'm sure some of us were considering to making an alternate motion, but I would like to vote for the motion to go through so we can put see where people stand on the record and put it in black and white for you to see where your elected representatives stand on this issue. Thank you. Okay, Councilwoman Whitehead. Thank you, Mayor. Well, I knew I wasn't going to be the popular one on this one. We are representing the citizens when we choose to have a relationship with a corporate neighbor that doesn't involve expensive lawyers. The 200,000 doesn't buy us anything any decision on whether this legislation uh will, you know, pass muster with a judge. It's just a it's just a um a review. This type of legal action will cost taxpayers millions of dollars. And I want to stress that the residents of this community are not united behind even wanting to challenge the uh project that was approved. Um I think the the people that I spoke to at Axon and many of the residents of the neighbor Stone Brook, they wanted this on the ballot and the mayor's right. Um, I read in plenty of uh social media posts that this was going to be postponed to 2026. I think Councilman Graham was even quoted as saying this we're going to save $600,000. I get it. But Councilman Graham was also quoted in the pay in the paper, I think yesterday, saying this is just the start. This is just the down payment. $200,000 of your taxpayer dollars being spent to fight a corporation that brings the highest paying jobs to this city has been an unbelievable neighbor and has made expensive concessions. So, if you're trying to repair a relationship in your family, you don't start by hiring a lawyer. You start by talking to them. And that's all I'm asking for. You know, maybe we should have meters here for how many dollars we spend every single council meeting. Okay? So, I'm not head in the sand. I spent three years on this. I had the neighbors show up that initially were opposed to this project and they showed up last year with Councilwoman Janick and the uh five others on that council and spoke in support of this project. What you heard tonight are residents who spoke in support of this project. So sure, there's residents who don't, but I don't know any residents who want us to waste money before we sit down with the with the applicant, we sit down with Axon and see even though we lost, we lost at the legislature, but we have a good corporate neighbor and I know they want to continue to be a good neighbor. Let's sit down and talk instead of spending their money and having their board watch them waste their revenue on legal action and instead of spending taxpayer dollars just as a down payment $200,000. Give me a break. Just let's take time. Let's pause. Let's stop with the point, shoot, aim type of policym. Let's pause. Let's wait for the legislation to let's to the legislature to wrap up. Let's wait for this law to even go into effect. And in that time frame, let's sit down and talk about all those concessions and see what we can get. And if we're not satisfied, guess what? Lawyers are always willing to be hired. So, thank you, Councilwoman Mckllen. Thank you, Mayor. Um, I would just like to say that most of the letters I received over the past two weeks about this agenda were telling us, "Do not waste our tax dollars. Quit throwing away our money on a company that's been a good neighbor." Um, I would agree. Uh, I would like to sit down with Axon. I would like them to come to the table. And there are questions. We don't know how this legislation is going to affect us. And I get that, but wasting more money and throwing away more money um is not the answer. Um I'll just stop with that. Councilman Quasman. Yeah, it just it the righteous indignation that it's coming from certain members of this body is just ridiculous. Axon is corporate counsel. Guess what? They got lawyers. Like big surprise. They got I guarantee you they got a legal opinion that said this bill either is going to hold up in court or it's not. There's the question is that Scottsdale has a right to know. And you said that we don't know the answer. Members of this board of this body just said we don't know the answer. Well, guess what? Let's find out the answer. I I I don't understand why it's such a hard point to figure out to speak with an expert about something. I It is It would be wonderful. It would be wonderful if every city had a an amazing constitutional attorney that has had that has had decades of practice in appellet law at both the state and federal levels. Guess what? Cities don't have that. So, we got to hire somebody to figure out where we're at. Once we figure out where we're at, then then we're able to figure out how a deal can be formed. That's the reality of the situation. Doesn't hurt anybody. Doesn't insult anybody. I somebody said here, "Ready, aim, fire." By not acting, you're actually fired. You're just out. You're just done. Like, I'm I'm done. I'm fired. But the ready means, let's get an expert. The aim is can that expert take us to where we want to be? Guess what? There's a chance that the answer's no. And therefore, you have to we then we come up with other options. But I'm not going, we represent the people. I don't represent a corporation. I represent people, including the members of that corporation who live here. We We owe it to We don't owe corporate entities anything. We owe the people who live here everything. I want to make sure that our partners have all of the information when we represent them. And again, I can't be the neigh the the the person who reaches out and shakes a hand to make a deal with somebody if I'm hamstrung on the information that I have. I refuse to not have enough information going in. Hire a lawyer. Trust me, it's the right thing to do. And then make your deal. Thanks. Let's go ahead and vote on the motion that's on the table, please. All those in favor, indicate by I. That motion fails. Mayor, I'd like to change my vote to a no on that. That was a mistake. I apologize. That was a just wrong. Too late. Too late. Fat fingered that one. Okay, that motion fails. And uh moving forward, I just also want to add to this discussion before I entertain another motion. Um hiring a lawyer, I think one of the most valuable things for for me and the city is we'll actually have a person that we've all directed to get engaged in the process, the negotiation, the analysis. and uh sorry to say that has been hugely lacking during the legislative process. So I think this is a much better approach whether we engage in litigation or we don't. Um it's someone that will go carry point on the entire situation moving forward and I think that's a wise decision and I think a vote uh to engage this individual uh is a good one. So with that, I'll entertain a motion if anyone has one. I'll make a motion to adopt resolution 1313415. Second. I would like to propose a friendly amendment to your motion and I would like to cap our investment our our authorization at $100,000 and I think that you know that would make me feel a lot more comfortable to get this solid legal opinion because I know what that takes to give a good legal opinion. Probably won't take $100,000 hopefully. So, I'd like to offer that and if it's acceptable. Before I accept that, I'll I'll um invite the city attorney to give a response to that. I think that uh outside council would definitely be able to return to the city council um for an executive session to talk to the council about the case. The if you're talking about to get to a preliminary opinion, yes, I think that would be sufficient um to go beyond a preliminary opinion. We'll I'll just have to if the council wants to move forward, we'll just have to keep bringing this matter back to the council. Very well. Uh friendly friendly um friendly amendment amendment accepted if the seconder accepts. So do do you want to speak to this now? Okay. Yeah. Thank you. Thank you, Madam Mayor. Councilman Graham. Okay. Thank you, Madam Mayor. Again, I think that's a wise decision. I think that was a wise amendment. I think that's right. I think that again this is not litigation. This is seeking an opinion and it's okay to seek an opinion and we can get it done for 100. I like spending less on lawyers if we don't have to. And so and so this should get us this should get us across the finish line and make us sure that we know where we're where we stand. Seeing no other speakers, uh I would like to take a vote. Everyone in favor of engaging with the revised amount of $100,000 Greenberg charg on the acts on matter indicate your vote by I. And that mo motion does pass. All right. Moving right along. Next we have item 20 which is the presentation discussion and possible direction to staff regarding the proposed fiscal year 202526 operating budget and capital improvement plan. Presenting this evening is Sonia Andrews, city treasurer and Scott Selin, budget department director. Thank you mayor and council. Um it's kind of difficult to follow that previous conversation with the presentation of the budget, but I will try to keep it interesting. Um we're very pleased to present next year's budget and capital improvement plan to you tonight. I am going to present the first half of the presentation and pass it over to our um budget director Scott Cellin to present the second half of the presentation. Next slide. So the budget takes months to develop starting in October and it goes through many levels of review and this year we have the new budget review commission that also assisted with reviewing the proposed budget before we are in front of you tonight. The entire proposed budget is published on our website so citizens can access the entire budget and citizens can also provide input later this month when we present the tenative budget to you and also um when we pro uh present the final budget for adoption in June. Next slide. Before I start, I'd like to thank the budget staff and the department staff who spent an enormous amount of time working together to put this budget together for you. And I would also like to uh thank the budget review commission and city council for your input and guidance on the budget. Next slide. The budget adoption is a multi-step process. Tonight is the presentation of the proposed budget. The council is not asked to adopt the budget tonight, but council may give us direction on specific items in the proposed budget. Council will be asked to adopt the tenative budget on May 20th. um before adopting the final budget on June 10th. Next slide. Our proposed budget for next fiscal year is 2,27.9 million or 2.2 billion consisting of an operating budget of 885.5 million, a capital budget of 952 million, and a contingency and reserves budget of 370.4 million. Next, next slide. Our operating budget increased from the prior year and that is because we proposed 98 new positions or full-time equivalents we call FTEES in the proposed budget and that includes 66 public safety personnel and 32 other positions citywide. Our budget also includes salary adjustments for our employees for market and merit and step increases. 3% for merit and 5% for step for those employees who are in the STEP program. Our budget anticipates an 8.9% increase in health care costs. And we also included in our budget implementation of phase two of our ambulance services. Restaffing of a fire truck. That's 15 staff for the fire truck in the south station. We also included in our budget the expenditures related to the new 0.15 park and preserve tax. And there's also other increases such as technology increases and other inflationary cost increases such as for our water purchase of water from cap and also electricity. Next slide. What is important to note is that even though our operating budget increased about 40% of that increase is paid for by new or dedicated revenue sources for example as I mentioned earlier the new 0.15 park and preserve tax new ambulance revenue since we're launching the second phase of our ambulance service and also water sewer and solid waste rate increases. Another important thing to note is that there are items in our operating budget that show up as increases, but they're really just one-time items and not ongoing items. So, they're not really true ongoing increases to our operating budget, but they do show up as increases. The first one is the proposed additional payment to our PSPRS, which is our public safety pension. We are proposing the use of our reserves that we have set aside specifically to pay down the public safety unfunded liability. We're proposing proposing to use 50 million of those reserves. They show up in our operating budget. The second item is the fleet acquisition budget carry forward. Because of the long lead times in acquiring vehicles these days, we are not able to use all our budget in our fleet acquisition budget this year. So we have to carry forward that budget of 12 million to next year so that we can spend the budget next year. And the last thing is we are also proposing reclassifying certain capital items items that we were budgeted for in the capital budget to our operating. The largest piece of that is our engineering and project management group um previously known as our CPM or capital project management team. and they were included in our capital budget and allocated to the capital projects. We decided that to provide more transparency in the budget and to uh simplify the allocation of that overhead, we would move that department into the operating budget. Next slide. Our capital budget decreased overall. First of all, we increased our street overlay budget to address the street overlay issues and that is from the discussions with our budget review commission. Uh they uh recommended doing so and under the direction of the city manager, the proposed budget includes 42.9 million for street overlay this year. And we also talked about the reclass of the additional of the certain capital costs to the operating budget. And we also realigned the capital budget with our cash flow. Meaning we pushed some of our capital budgets to the outer years instead of to next years to better align with what we expect and how we expect to spend our capital dollars. So overall our capital budget decreased because of these reasons. Next slide. So here are the key numbers of our proposed budget compared to the current year and also compared to the last year's budget. There's a lot of numbers on this slide, so I'll take you through it. Starting from the bottom of the slide, you'll see that the overall budget decreased by 3.8% compared to the current year. Right above that total budget line at the bottom, you'll see that our reserves and contingencies decreased mainly due to using the 50 million for the police pension unfunded liability payment and also using reserves for capital projects as well as uh we unappropriated some of those reserves and contingencies as well. And above that line, you'll see as we talked about our capital budget decreased by 116 million. And then walking up the slide, you'll see that our operating budget shows an increase of 124 million. But if we dissect that 124 million, you'll see that the three items we talked about earlier that show up as increases, but are really one-time items are shown on on the slide here. So when we remove that, the true increase in our ongoing operating budget is 6.5% that you see at the top of the slide. And as I mentioned earlier, about 40% of that 6.5% increase is covered by new and dedicated revenue sources. Um the one thing I wanted to mention is that we believe that our budget is structurally balanced and even though the budget has increased especially on the operating side is fully covered by the revenues we project. Next slide. So this is an important slide to show that it shows that our budget is structurally balanced which I mentioned earlier. The revenues are covering the proposed expenditures and we're very focused on that every time we put the budget together. The first line is our general fund is our largest operating fund with a proposed ongoing expense of 410 million next year. We project revenues of 423 million to cover those expenses. The water and sewer fund is on Nick's largest operating fund and as you can see that the projected revenues comfortably cover the operating expenses that we project. The excess or difference goes to capital improvements and the same goes with all the other funds listed on this slide. These are all our funds. In total, the excess revenues over expenses are primarily used for capital projects or reserved for future use. So overall we project revenues of 961,000 uh million to cover proposed expenses of 886 million next year. We feel really comfortable that our proposed budget is structurally balanced and financially sound. Next slide. So our general fund is our largest operating fund. So I wanted to dive into more details of on the general fund revenues and expenses in these next few slides. This slide gives you a big picture of our general fund revenues and expenses over the last 10 years and what we anticipate over the next five years. As you can see on the left side of the graph, the green line representing our revenues and the red line representing our operating expenses were pretty close. There wasn't a huge difference between revenue expenses. We usually budget pretty close to our expense our revenues. Then revenue growth started increasing and expenditures were not increasing as fast as revenues. And in fact, revenues grew significantly so much so that we created quite a bit of excess revenues over expenditures, which is what you see as the bubble in the middle. And then as expected, we started seeing revenues come back down slowly while expenses are still increasing but not exceeding that revenue line. And that is where our budget is for next year. And for the next five years, we expect that revenue and expenses will go back to where there's not a significant difference between revenues and expenses. And yet we project that our revenues will continue to be below the revenue line. So we are structurally balanced. We have been structurally balanced for the last 10 years and moving forward to the next five years. So let me dive into the reasons why our revenue picture looks like this. What that big bubble in the middle is and why our expenditures have increased the way it's shown on this slide. So moving on to the next slide. I know there's a lot of information on this slide, but there are some important things for you to know. First of all, we had a lot of one-time revenues since the pandemic because of all the reasons listed on the top left corner in the green above. We had significant pandemic buying and spending. We had fe federal stimulus dollars, a housing market surge, one-time land sales, interest earnings that significantly increased, and also inflation revenues. So as inflation went up, our revenues also went up along the way. Most of these revenues, in fact, all of them except for the inflation revenues are one-time and not ongoing revenues. So we do expect and we have been expecting revenue, the revenue line to start trending down. And we were careful not to increase ongoing expenses too quickly because of that. Secondly, we also had some initial personnel savings when the pandemic started and as a result, you can see that the red line was pretty flat initially because there was a um the the the expenditures weren't increasing because of the personnel savings, the vacancy savings and we were also kind of falling behind with market wages actually. So that's where the divide started and that bubble started to form which kind of created a fund balance buildup. Then starting in 2223 because we fell behind the market with our wages, we had to do some market catchup. We also started ex uh seeing the police PSPRS pension unfunded liability problems and that increased significantly during that time as well. We also launched our new ambulance service and we staffed some new fire stations. So that's why you see the red line, the expenditure line growing starting in 2223 to 2324. We also increased FTEEs as our population and visitors grew. Now, we don't expect to see the same rate of growth in our expenditures continue because some of these are one-time and as I'll explain to you later, we're going to address that PSPRS unfunded liability problem which will create some expenditure savings for us. Um, I think the important point here that I want to make is we created we we have this bubble. We expect the revenues to start coming down and we have this expenditure increase to catch up with the market to address our pension expense and to address our ambulance and new services but we do not expect that revenue line to exceed the I'm sorry the expenditure line to exceed the revenue line. So I think that's the important point you need to understand here. Even though we anticipate the revenues coming down and our expenditures going up, we still expect the revenue uh the expenditures to be under the revenues as we have put our proposed budget together and we expect that difference to continue the revenues being above the expenditures. So next slide. So what did we do with this big bubble that we had all the excess revenues that we collected that we didn't spend? We used it for one-time items which are capital projects and addressing that unfunded liability pension um unfunded liability. So the blue bars here as you can see prior to that bubble forming we uh the general fund transfers about a little over 10 million for capital improvements. Then during that uh point in time where we accumulated a lot of excess revenues, we were transferring significantly more to fund capital projects. And we also started the orange bars show the uh payment to address the PSPRS unfunded liability. We also started doing that in uh fiscal year 22. And you can see for the proposed budget, we continue to propose transferring 49 million of our reserves and excess revenues for capital and we propose spending 50 million of our reserves to continue to pay down that PSPRS police uh unfunded liability. We are extremely focused on and disciplined about spending one-time revenues on one-time expenses. And we project that after that, as the revenue and expenditure line goes back to where there's not a whole lot of difference, we will return to where we were before where we are spending a little over um 10 million on capital each year from the general fund. Next slide. This is a really busy slide, but this is where I explain why are we uh proposing 50 million for uh paying down that pension liability. So the top portion of the slide is an excerpt from our latest actuarial report. If you look at the two red circles on the slide, the first circle shows our um contribution percent of payroll that we have to pay that we're required to pay into the police pension for next year. It's 52.55%. That means for every $100,000 of officer salaries, we have to pay 52,550 into the pension. And the second red circle there, you'll see it's if we pay 50 million into the plan, pay down the unfunded liability, we will be able to reduce that percent of payroll to 40.25%. So that means for every 100,000 of officer salaries we'll be able to save 12,300 basic. So the numbers at the bottom of the slide shows if we paid 50 million we for the tier 1 tier 2 employees we would be able to save over 4 million a year and for the tier three employees we would be able to save another 1.7 to2 million a year. Tier one and tier 2 employees are the officers that were hired before 2012 for 12 tier one and between 2012 and July of 2017 for tier 2. And for the tier three employees, those are the officers hired after July of 2017. And for each of these tiers, there's just some differences in the factors of how they calculate retirement and benefits. So really that that's just the different tiers that was uh created by PSPRS. But we are really able to save and reduce our budget with the 50 million proposed additional payment. Now aside from budget savings um the 50 million also helps us be in a better position when we compete for salaries uh with our peer cities. So next slide. We are financially disadvantaged with these high contribution rates when compared to our peer cities. Without making the 50 million um PSPRS payment, next year our tier one tier 2 contribution rate is 52.55% and our tier 3 contribution rate is 47%. Compared to all of our peer cities, that is significantly higher. And why that matters is next slide. We are often competitive with salaries with our police officers. So for every thousand dollars of salary increase we have to give in order to remain competitive we pay significantly more for tier one tier two for every$,000 of salary increase we pay $526 whereas Chandler only has to pay $25 for a $1,000 salary increase. Next slide. For tier three that's the same. we pay significantly more to remain competitive with our current rate. So that is why we're proposing a 50 million um contribution to our police pension to pay down those unfunded liabilities. Next slide. I didn't spend a lot of time talking about revenues. I would like to go back and talk a little bit about the revenues we project for the coming year. As we discussed, we expect revenues to decrease in 2526 because of the loss of residential rental tax, the implementation of the state flat tax and also we believe that we are looking at an uh slight economic slowdown right now. And that's why we projected the decline in um revenues. And again, even though we project a decline in revenues, our revenue increases do not exceed the revenues that we project. Um, next slide. And we I wanted to touch on this. We didn't project a further decline in revenues because of the strong economy that we have in Scottsdale. Our population continues to grow. We have a very diverse economy. We have strong employment. We have strong household income. And we have a lot of new developments like the MAC Innovation Center, ASM, and some strong developments that will keep our economy going. But we are facing quite a bit of economic uncertainties with inflation, tariffs, consumer confidence, macroeconomic policies, and actions that the state legislature can take that would impact our revenues. Next slide. Sales tax is our largest source of revenues, our local sales tax. What we're projecting is you can see on this slide that with the loss of residential rental tax we are projecting a slight decrease for fiscal year 2526 and that would be offset by sustained consumer spending this year. And so for next year we will continue to see that impact um of the lo I'm sorry the loss of residential rental tax actually started this year. So that 178 actually includes half a year of that residential rental loss, but it was offset by strong consumer spending. Next fiscal year, we're projecting the second half of that or a full year of that residential rental loss. And then what we project is a slow and gradual return to normal growth over the next five years in our sales tax. Next slide. state. Uh the Scottsdale maintains one of the lowest sales tax rates in the valley and we're very proud of that. It's at 1.7%. We maintain this low sales tax rate and we're able to pro provide the services to our citizens and we're very proud of that. Next slide. State shared taxes, state shared sales tax, state shared income tax. Um that's our second largest source of revenues in the general fund. We expect a decrease because there's a state flat because of the state flat tax. Our estimate is that we would lose about 8 to 10 million from the uh state flat tax which kind of started in fiscal year 2425 and roll into 2526 as well. And then we project the state share to also gradually increase back to a normal growth trend. Now with the revenue losses and the economic uncertainties, we will have to rely on our reserves to cushion us against any other additional uncertainties. Next slide. So in the proposed budget, we have increased our rainy day funds and also proposed some additional revenue loss reserves. Given our uh very uncertain economic environment, we are proposing the increase in these reserves and rainy day funds in the event of some future economic fallout. And that's the last of my slide. I can take any questions before I hand it over to our budget director. No questions. Thank you. I don't see any questions at this time. Okay. Thank you. Good evening, mayor, members of the city council. Um, Scott Selene, budget director, city of Scottsdale. I'm very happy to be here this evening to talk about the operating budget in a little bit more detail. As I go through the slides, I'll stop periodically to allow you to ask any questions that you might have. Operating budget is just over $885 million. The proposed budget has 98 new full-time equivalent positions. This table shows the breakout of those 98 new FTE positions by department. The middle column there shows the number of positions that are funded by the general fund. And then the right column shows the number of positions that are funded by other funds. that could include uh transportation fund.15% park and preserve tax, ambulance fund, and any other special revenue funds. Just a couple things I would point out on this slide is that just under half of the proposed 98 new positions are funded by the general fund. And of the 98 new proposed positions, 66 of the 98 are for police and fire. This slide shows a table of FTE changes by department um with the number of FTEEs for fiscal year 2425, the change and then the FY2526 proposed FTE number. Again, the change column shows the total of 98 FTE positions that are as part of the proposed budget from this year to next year. This slide shows the uh number of FTEEs per 10,000 residents. Um goes back about 15 years or so, 20 years. Uh you'll see the maximum the highest level it gets is about 12.7 just before the recession. And you can see how that number goes along uh throughout time. If the the inclusion of the 98 new FTE positions would bring that total of 11.2 FTE per 10,000 residents. I've also included some tourism visitor information on these slides to just reinforce the importance of taking into account not only population growth but also tourism growth um because our FTEES provide services to both. The general fund operating budget is $460 million. About half of it goes to police and fire. You see the $50 million PSPRS contribution down there in the lower left and then the other city departments as listed on the pie chart. Next, I'm going to take a quick look at a few department operating budgets, mainly those that receive um FTE in the proposed budget. We'll start first with the fire department. There are 44 total new FTEEs as part of the proposed budget. 25 of those go towards ambulance phase 2. We'll talk about that on the next slide in a little bit more detail. Fire station 601 restaffing. Uh some staff from fire station 601 were redeployed to different parts of the city to meet demand and the proposed budget restores the staffing at fire station 601. Then we have four park and preserve positions that are funded by the new 0.15% uh park and preserve tax. As you all know, uh, Scottsdale Fire is providing ambulance service to citizens in a phased approach. Phase one, which is currently live, is at fire stations 602, 608, and 615. Those stations are indicated on the map by a blue star with the number one on them. Phase two, which is scheduled to go live in December of 2025, those locations have the red stars with the number two on them. And then phase three is scheduled to go live in December of 2026. Moving on to police department. Um 22 new FTEEs as part of the police department budget. Nine sworn and 13 civilian. Looking at the sworn side, there are three school resource officers. Four park ranger personnel. Those are funded by the 0.15% tax. A lieutenant and a digital forensics detective. On the civilian side, we'll be adding dispatch personnel, real-time crime center personnel, two records personnel, and a property and evidence technician. Parks and recreation, a total FTE increase of nine positions. Uh, seven of them are funded by the 0.15% park and preserve tax. two FTE from the general fund which is mostly part-time hours for the two new sports complexes and leisure education which is supported by user fees. We had two new parks, Ashler Hills and Thompson Peak Dog Park. And with those new parks come additional acreage for mowing. My understanding is it's 29 extra acres for mowing. This slide here shows a breakout of the 0.15% park and preserve tax. the table, each column is for an allocation of that tax in the upcoming fiscal year. Uh I call your attention to the right hand side of the slide, the total column. We anticipate $25.2 million in revenue next year. The first allocation of that is for some Westworld drainage debt that we anticipate next year about 750,000. And then after that, the remaining revenue is allocated according to the percentages in the revenue allocation row, which is the exact allocation that was originally passed as in the council ordinance. So going back to the total column, we $25 million in revenue. We anticipate about 11 million in expenditures, 4.8 million in reserves and contingencies per the city's financial policies, $5 million transfer to the CIP, and then 3.6 6 million in what we're calling unappropriated balance. There's a few things, couple of things going on there in the unappropriated balance number. First, takes a little bit of time to ramp up hiring. And then second, some of the proposed uses for this funding are large enough that we effectively need to save up over several years to get enough money to to do the project. Next, we're going to take a quick look at the transportation fund. Excuse me, Scott. I'm sorry, Councilwoman Debas, sorry, Vice Mayor Dasquez has a question. Thank you, Scott. I just wanted to clarify, um, my understanding was for the fire department that a fire truck was expected to be early on in the expenditures. Is that what that 1.7 million is for? Uh, Mayor Barowski, Vice Mayor Dowskis, um, I I'm not certain. I would defer that perhaps that the city treasurer could shed some light on that. Um, Mayor Barowski, Vice uh, Mayor Dasquez, are you referring to the rest staffing of the 60 uh, 601 firet truck or or the purchase of a firet truck? Can you repeat your question? Sure. Sure. So, it was my understanding from the fire department that part of their um allocation from the 490 was a fire truck, a a a truck. So, yeah. So, I'm sorry. Um no, let me correct that. Thank you for clarifying that question. The allocation of the Prop 490, which is the 0.15 park and preserve tax for fire, is for fire mitigation and technical rescue. That Prop 490 money is not used for the fire truck and is not used for the restaffing. Okay. But we do have allocations for that. Yes, that is coming from the general fund. Okay. All right. Good. Thank you. Thank you. Uh Councilman Quasman, a couple slides ago you were talking about new parks. Um, is that with 490 money? Am I Uh, I'm sorry that you were talking about new parks. Was it Ashford Hills? It's bond. Okay, that's bonded. Answer. Colleagues took care of that. Thank you. Thank you. Okay, moving on. We're going to take a look at the transportation fund, which is one of our largest special revenue funds. This fund receives uh 0.2% sales tax money revenue as well as uh highway user revenue fund money and gas tax money that's distributed by the state. Uh this graph shows the revenues in the green line historically going back about 15 years. The operating expenditures are in the blue bars and the transfers to the CIP are the orange bars. And if you look at the if you look historically, you see kind of a similar story to what um the city treasur was describing about the general fund. You see revenues and expenditures tracking fairly closely and then you see them start to break a little bit around fiscal year 18, 19, and then throughout the pandemic years where the revenues kind of bumped up but the expenditures did not exactly follow suit. So what that resulted in is a buildup of fund balance over those years. And then you see in fiscal 2324 and a few years after that that the the uh transfers to CIP start to exceed the revenue line. That's where we are utilizing that fund balance that had been built up during uh the previous years. Just want to emphasize before moving on that the transportation fund is structurally balanced. The revenues are sufficient to cover the operating expenditures and all expenditures above the revenue line have been allocated to the CIP for use in future years. There's been a lot of discussion about pavement overlay and about the pavement condition index or the PCI as it's known. This slide shows the expenditures that we have made on pavement overlay for the last several years. Initially in the uh initially we were going to have $14.9 million for this purpose in the proposed budget. That's the gray bar kind of in the middle. After some deliberation, including with the budget review commission, um our city manager reallocated some resources to increase that total to $42.9 million next year. And then you see the future years uh at the right hand side of the slide. Here's a quick look at our operating budget for our enterprise funds. Just under $200 million. About 80% of it is water and water reclamation fund and solid waste and aviation make up the rest. This is a quick look at the water wastewater enterprise fund. Kind of a similar um to the transportation fund. Revenues with the green line, operating expenditures in blue, and CIP transfers in orange. And over time you see the that the revenues are covering both the operating expenditures and the capital expenditures and that we've maintained you know roughly the same amount of allocation between operating and capital over the previous years. Here's a quick look at some of the factors that are driving increases in the water and sewer operating budget. We're seeing increased cost in electric utilities, cap water purchase costs, water treatment, chemical costs, and then we have some additional debt service. So before I move on to the capital budget, I'd be happy to pause and take any questions that you might have or if not, I'll just keep going. Don't see any, Scott. Thank you. Our proposed capital budget for next year is $952 million. This is a table that shows that $952 million broken up by by category. Essentially, I'll start at the bottom on the total capital budget line. Um, of that $952 million that's proposed for next year, $519 million comes from carry forwards from previous years, while 433 comes from new requests essentially. And then a couple of the categories, community facilities, uh, decreases by about $30 million next year compared to this year, mostly due to completed projects. Then water and water reclamation. We realigned the cash flow with some of our projects and that resulted in a few projects being pushed further out. So the result of that is a decrease of $128 million. Last thing I'll call attention to on the total line is that our proposed budget of 952 million is 11% lower than our current year, fiscal year 2425 capital budget. This is the five-year capital improvement plan totals um total of $2.2 billion. And you see the break up by breakout by category there. Just under a billion dollars for water and water reclamation, 500 million for transportation. You can see the the remaining divisions by category on the pie chart. What I'm going to do now is very briefly highlight um several projects in our capital improvement plan. Uh this is basically just information that can be found in the book. Each uh project will have the same funding slide off to the side which shows the amount of money that we have spent to date as of February of 2025 when we had to finalize the proposed budget. We have the five-year the amount of funding for each of the following five years and then a five-year total project budget at the bottom. So this project is for water treatment facility improvements. It's going to improve aging components at our water treatment facilities. The funding amount is about $82 million over the next 5 years. This project will design and construct deep well recharge and recovery facilities to ensure that the drinking water aquifer that we rely on is sustainable both short-term and long-term. This project will increase booster pumping capacity at a cap water treatment plant. Total 5-year project budget of $28.7 million. This project will update our aging sewer system. It'll add new lines, treatment plant work, and it'll rehabilitate some sewer manholes. And you see the 5-year total budget of just under $70 million. This project is for the design and construction of plant modifications at the Scottsdale Water Campus and at the Gayy Ranch wastewater treatment facility. We'll move on to a few transportation projects. We've spoken already about pavement overlay. Just want to emphasize that next year we're investing $43 million um in pavement overlay and a total 5-year investment of $110.7 million to uh improve pavement condition around the city. This project will repair the reinforced concrete wall along the canal between Indian School and Thomas roads. This project is an ALCP project. Um it's funded by the 0.1% transportation sales tax and the regional ALCP sales tax. It's for the design and construction to improve safety capacity and um accessibility on Puma Road between Los Pedress and Stage Coach Pass. Total 5-year budget of just over 33 million. This next project is similar to the last project I just talked about. Um again, an ALCP project for Puma Road between Dynamite Boulevard and Las Pedras. uh getting close to the end here. So, as we've talked about several times, the budget review commission um provided a lot of recommendations at the council working session back on April 22nd. The items that you're seeing on this slide here are the items that they recommended that relate to the 2526 budget and we're listing them here to communicate that they will be included in the tenative budget in two weeks when we present that. Um, and then finally, this just shows the next step in the budget process. Um, two weeks from today, May 20th, is the tenative budget adoption. And I believe that takes me to the end. So, I'd be happy to entertain any questions. I believe we've got city staff here that would be able to answer any more detailed technical questions. I think we'll go go ahead and take the, uh, public comments on this agenda item before we open it up for discussion, unless anyone had questions. Did anyone have Okay, Dr. Sonnie Curtley, followed by Betty Janick, Freda Hartman, Harold Back. Good evening again. This time I'm Sononnie. This time I'm Sonnie Curtley speaking as a member of the board of directors of COGS Coalition of Greater Scottsdale. I sound like Tula Bankhead. You don't even know who that is, do you? Coalition of Greater Scottsdale is referring to the uh wildlife overpass on Rio Verdie Drive and we strongly support it. Our members support it. Uh it's a wonderful concept, been around for over 20 years, and we certainly encourage you this evening to vote unanimously to have it in this year's budget. And like I said the last time I was the microphone, you don't want me to keep coming back. Thank you. Thank you, Betty Janick. Good evening, Mayor and City Council. My name is Betty Janick and my address is on record. Um, this is a letter I'm reading for Howard Meyer who is another preserve pioneer very similar to Carla. We are blessed that we have those people as part of our community. Mayor and councel, with regard to the wildlife bridge over Dynamite Boulevard, Riovery Drive, I understand a recommendation from the budget committee is to get a legal opinion on what they perceive to be a Prop 420 prohibition to building the bridge and using preserve funds to do it. is the author of the charter change Prop 420 put in place. I can tell you that is absolutely not true. Prop 420 does not prohibit building trails or other improvements, especially those improvements that were in the preserve plan way before Prop 420 was even conceived, which is exactly what Dr. Curtley referred to. This overpass was always in the plan and is always a trail. So nothing in Prop 420 prohibits building it or using preserve funds to do it. If you do obtain a legal opinion that says anything different, Protect Our Preserve, an organization I am president of, will challenge that opinion because we do not believe anything of the linguid in the language of the charter change prohibits building that bridge. And since we drafted that change, we can testify on the intent if necessary. on the overpass trail itself. I am not opposed to doing the feasibility study and no legal opinion is needed to proceed with the study. There is something in Prop 420 that prohibits the study. Sorry, there is nothing in Prop 420 that prohibits the study as it is part of the expense for the overpass project. The study may provide information on the timing of construction or possible cost savings. In either case, preserve funds can be used to build it. On another related topic, I understand the budget commission is considering sunsetting the second preserve tax. On that, voters approve that tax to raise money to buy land for the preserve and to fund improvements to it. And those uses not only have not gone away, the tax will not raise near enough money to even acquire the RA remaining land in the preserve boundary in excess of 4,000 acres that has already been reszoned for higher intensity development. So if the intent is to end the tax anytime before its expiration date, that change would require voter approval as it would negate what voters already approved. Eliminating that tax would not impact your budget. just would slightly lower the city's sales t sales tax which is already among the lowest in the valley which I think we've heard many times thank you for your service to the community and attention to this subject Howard and then my own comment to preserve is our much loved pristine desert let us ensure it is cared for in a manner that protects all life within. Thank you. Thank you. That was really well timed. Right by the bell, Freda Hartman. Good evening, Mayor Moroski, Vice Mayor, and Council members. I'm Dr. Freda Hartman. I live at 12106 East Weathersfield Drive in Scottsdale. U 18-year resident of Scottsdale. I also chair the Scottsdale Library Board and I'm representing the board today to raise your awareness about a CIP budget request for FY2526 that did not make the cut for your review and decision in the current CIP review process. Uh it is estimated at a cost of $810,000 and it is for a second mainf floor restroom for Civic Center Library. Let me give you some background on this just briefly. The main floor of Civic Center Library has one restroom located on the far east side of the floor and that's all there is on that one floor. The total floor space is 103,000 square ft. And so it's quite a long walk when one is on the west side where there is no restroom and go to the east side where there is. Patients uh rather the the patrons also must have to walk through various areas of the library that are fairly busy. children's areas, teens areas, the uh cafe, the main lobby, the information area, all of these are between where they are and where they want to go. The lower level restroom is available, but it is accessible through stairs and and uh elevators, so it's not quite as easy necessarily. These uh particular situations impact mostly the patrons who have mobility challenges and the patrons with families. And I'm happy to say there are a lot of patrons with families who bring their their children's in and they really have a hard time trying to to to navigate. Um our public libraries are really centers of our community. I think we've talked about that a number of times and they're important to Scottsdale. And so the library board does support strongly this request for an additional restroom on the main floor of the civic center library and that would be on the west side of the library and we ask for your future consideration and support of it as well. Thank you. Thank you very much, Harold [Music] Beck. Good evening, mayor, city councilors. I'm Harold Back from the 68th Street Sidewalk Association. A budget is a moral document. People can look at it. It represents a pile of numbers. But most importantly, it represents a statement of values. The values of this council, the values of this community, and the values of our city. When we look at the numbers presented this evening, it's quite extraordinary. But buried in those budgets is a budget for a small project for a small strip of road between Camelback and Indian School along 68th Street. It is a treacherous and deadly part of the city that we enjoy. It is critically important that that budget get approved so that the urgent need of people who use that neighborhood, who use that street, do not have to put their life at risk to access the amenities that our community has to offer. All citizens, including disabled citizens in the community. This city council has the ability to approve that and to make sure that it happens. A year from now, it could be pride, a matter of pride for this community, a stellar achievement for this community, and a stellar achievement for this city council. We need your support. We need your help, and we need to ensure that your steadfast commitment makes it happen in the coming year. It would be a great achievement for our city. We need you all to do the right thing. It is really important. So, thank you very much for your support. We hope that this gets done this year and we're looking forward to looking at the results of your hard work. Thank you. Thank you, Harold. Next, Cynthia Wenstrom, followed by our last speaker, Stefan or Steven Kuchio. Good evening, Mayor Barowski, Vice Mayor Dasquez, and council members. My name is Cynthia Wenstrom and my address is on record with our city uh clerk. It's been just a few weeks ago that I spoke to you about the critical need for the dynamite reality overpass and again I'm here in front of you speaking about that again. Um, it does connect the south to the north preserve and it also allows full opportunity for the wildlife to go into Tontom National Forest which gives them a healthy genetic exchange and keeps our wildlife very healthy within the preserve ensuring that our preserve stays a living preserve that lives and thrives and unlike Phoenix, it does not die. In the last few weeks though, I've thought about, oh my gosh, every one of our council members was going to come up and they're going to probably run for reelection. I really hope with all my being that no council member chooses to suggest that we sunset that tax early to save the city city's citizens tax dollars because we have, as you know, one of the very lowest in the valley. Those dollars belong and have been voted on for the overpass and for the preserve. If that scenario were to occur and someone did choose to run on that kind of a platform, I also hope that they would give full disclosure and express that that would be the beginning of the demise of the wildlife and of the preserve without that overpass. The one thing I do know over the last few years, I've learned time and again, our voters south to north are extremely intelligent. They can't be fooled. I hope that you will continue to support the preserve over these next decades. After all, the voters have voted for dollars to support that very preserve. Our residents know one thing. They love McDow Snorm Preserve and especially love the wildlife of McDow Snorn Preserve. Council members, our citizens again love that preserve. It's situated on beautiful Sonorin desert land. Please do the right thing. keep the tax for what it is meant to be and what the voters approved it to be and what it was legally adopted to be. Keep the overpass for the wildlife and keep our preserve living and healthy. Thank you so much. Thank you, Stefan Kuchio. Stephen, thank you. Is it uh possible to get that put up there like so? No, that's not the right way. Try one more time. How's that look? Good. Okay. Good evening, Mayor Bowski, Vice Mayor Dubos, Dubosquez, council persons. My name is Steve Kuchio. I I live at 8819 North 85th Court. I am the chair of the Mcdell Sonor and Preserve Commission. Last Thursday night, the preserve commission unanimously approved a recommendation to the city council. So, I wanted to make sure that you're aware of it for your upcoming budget discussions. Our recommendations are consistent with those of the budget review commi uh commission's earlier recommendation for a feasibility study to be performed for the Rio Verdie Wildlife Crossing. Our recommendation uh excuse me, our recommendation provides a little bit more detail as to what we would like to accomplish. The details were emailed to you yesterday morning, but I'd like to go over the main points here. One, analyze the project's wildlife and safety benefits. Two, perform a concept design to evaluate various aspects of the project such as size, location, use of the area's natural topography, grading, landscaping, and control fencing. Three, consider the benefits of timing construction with future Rio Verie Drive road improvements as well as the escalation costs associated with scheduling the project in future years. And four, completion of the study in time for review, evaluation, and discussion during the next budget cycle. So now there are two commissions recommending basically the same thing and the preserve commission will appreciate your consideration for these recommendations. Thank you. Thank you very much. That concludes public comment for the evening and uh Councilwoman Whitehead has some questions. Okay. Thank you, Mayor. Um I want to call out a couple of our BRC members that are here. Mark Stevens, thank you for being here and Carla. So um and I really want to thank um our charter officers and Sonia Kolat specifically and your staff. Um you take a very uh large complicated budget and you make it really easy to understand and for those people who are you know maybe watching from the public. We actually have had meetings where we dug we did deep dives on this and so um yeah so we are very prepared for this preliminary meeting here to discuss the budget. Couple things I just wanted to point out. I know that this council um has prioritized um the road maintenance. So I'm fine with that. But I just I'm not going to ask the questions here and blabber. I will send I do have some general questions and so I'll send uh I'll send my questions to staff and then staff will respond to everybody on council. So I and um I would have I guess um city manager Kaitton the question on that bathroom you know $810,000 bathroom how can you give me some background on you know maybe how did that get bumped down? Is there still room? It it does seem necess who how long has that been in the process and if it's not a short answer or if you want to have staff speak to that where you know I I would be curious about that bathroom. Yeah, I'll I'll start off and I may ask assistance from a colleague here, Madame Mayor and Councilwoman Whitehead. I think uh my understanding this project became on our radar screen around the time civic center was being uh finished and so there have been the addition of outdoor restrooms and we wanted to analyze how those outdoor restrooms may assist in supporting facilities on the ground level. Uh that evaluation is still being completed uh in the grand scheme of $2.2 billion dollars. I can appreciate uh the question of why an $810,000 project for restrooms may not have become above the line and it's uh we have more needs than resources and it was currently under evaluation. Uh we've been in communication with the chair. I have a upcoming meeting to discuss uh other opportunities uh that projects that are on their radar screen. So that's a little bit of a introduction to an answer that we're still evaluating uh some needs and certainly with some new staff member and new eyes on it such as myself becoming aware of uh the needs. Thank you. Okay. Thanks so much, Councilman Graham. Thank you, Mayor. I had a few remarks about this budget and like Council Member Whitehead, I'll probably be sending in more questions and then we can share those. with our colleagues as time goes by. Um, I want to make a prediction. Sonia, city treasurer revenue will be higher than you predict than you forecast. That's my prediction. You think I'll be right? Of course not. Um, my budgeting philosophy is typically hold operating expenses and increase capital expenditures if we have the money. Uh Scottdale is blessed in a lot of ways because we are our collections are going up. We are a successful city and be able city and coffers keep filling up. We have more money to spend. And so do you want us to just sit on the cash and you know throw in the back room and do nothing or do you actually want us to spend the money and uh build things and and do things with them and fund our public safety? So we're kind of dealing with that. when you see some of these increases. What I see in this budget is a reversal from the prior six years of neglect and poor priorities in some cases. And that's not an admonition to all staff and that's not an admonition to everything in it, but it's mostly indicated by the pavement the pavement quality of the streets uh in your neighborhood. You've seen that collapse by 22% as they measure pavement index average pavement index it's called PCI pavement commi pavement condition index collapsing 22% over the prior six years when people think about their city government you know we think about public safety paying our first responders um and then after that you kind of it should be nonpartisan. It should be non ideological. And that's what I I'm really excited about this council is because we're we're moving away from ideology. And I believe that your city council should be ideology free. And so what is ide what's what's freedom from ideology? A lot of it is just going back to the basics. Potholes and parks, $42 million this year. going towards pavement quality. That's a huge increase. And I think I would like to take a moment to credit new city manager Greg Kaitton for that. He found the resources. He's put that together. He met with the members of this council. He asked us, "What are your priorities?" And we told him and he made it happen. So I think recognizing A lot of the effort that city manager Kaitton has put into this budget is worthwhile. It should be mentioned though that because we have deferred maintenance over the previous years that we're not going to get the mileage, pun intended, literally the mileage out of these dollars for paving our roads because as we know when you defer maintenance, the cost doesn't go up in a linear fashion. it goes up um exponential exponentially. So a lot of this is backfill. One of the um backdrops of this budget is understanding that this council up here is new. Um on the job for four months um digging in city manager, newly minted city manager. This budget has been influenced strongly by this new council majority and I would consider it one of the best budgets in many years. However, I do think as we we just established reestablished the budget review commission which as council member White had mentioned a couple of the members are in the audience today which we thank you for your service and I'm sure that your colleagues are streaming online so we'll tell them thank you for their service too. Do you think they're streaming online right now? May maybe um they are going to do a lot over the next year, I predict with this budget and when we have another year and we have a new city manager that's been there for a year, this budget is better and the next budget is going to be even better. Councilwoman Littlefield agrees. she whispers. Um just a few more comments then I'll I'll wrap up here. But much of the um oper you know one thing we're going to be talking about or there may be attention given to is that we're the operating budget is increasing. Most of that increase is from votermandated revenue increases such as Prop 490 or we're changing the accounting treatment. And what we're actually doing is we're putting things in operating that were that were uh before that were in capital. That's an improvement in financial reporting and I would consider that an increase in transparency. So I would consider this in that respect an a more transparent budget. This budget, I would argue, rescues that, but maybe I'm being hyperbolic, but I think this budget rescues our police pension funding status. 50% in there. Um, or are we going to spend Okay, a budget is an authorization. It is not you're not actually writing the check. You have authorization to write the check. Um whether we spend 25 million, 35 million, the public uh the pension uh the police officer pension fund is going to be in a much better financial position. And that's not only good for financial reasons because we make 7 and a half% on that, which I would like to argue the savings that we get from the seven and a half% we should earmark for more pavement uh paving, but that would be maybe we can work on that next year. Sonia is like, "No, not too many more changes." All right, we've already This the paint is drying. Okay, no more changes. Um, but we when we when we apply this money towards the pension, we're going to we're going to achieve or experience a 7 and a half% return on that. That's pretty much about as good of a yield as we're going to get on our money anywhere as a government. Um, it's also going to be good for um recruiting. is for peace of mind for our police officers knowing that their pension is in better quality. I mean, when you're when you want to be a police officer and you're looking for a job and you're a high quality police uh uh candidate, you're going to go to the one that has a well um a wellunded pensioner or do you want the rinky dink one that's not even halfunded? So, I think that'll be good for our police officers. One of the one of the secrets out there that's not very well kept is that there's been some excesses in our police overtime. Um, this budget, my my hope for this budget is that this can re some of those in and address those. We're increasing police police officer headcount. Is that correct, Mr. City Manager? Madame Mayor and uh, Council Member Councilman Graham. Yeah, is correct. So when we have a higher police count, we can rein in some of those overtime excesses uh which cost more not only uh today as far as the overtime rate, but also uh going forward um in perpetuity with pension obligations. Um you also get diminishing returns on a police officer after he's been on he or she's been on the clock for a certain number of hours. You get a diminished police officer because they can only go so many times. So, so this is going to bring you what's that? Just like council. Just like council. Kathy jokes. We're not paid overtime. No overtime for us. Um, so we are going to bring you better public safety officers. Um, so one of the things I'd like to see going forward, Sonia, is if I can get a little bit granular, these capital budgets, and we talked about this in some of our budget meetings, these capital budgets that we consider closed out and finished instead of carrying forward budget authorizations, really do what we can to close those out. This is something that Vice Mayor Dowskis has brought up before closing out those capital budget authorizations because it looks like we're going to spend the money this year. Like for somebody that doesn't really, you know, isn't really digging, it looks like it's and I actually do want to spend that money. I want to build things. I want to I want to make improve our our our fixed assets and our and our investments. And that's clogging up bandwidth and it's creating I mean I would argue it's nice to have the authorization because if you need it it's better to have it and it's better to have it then you need it and you got to go back and get it but it's um it's to somebody reading that they don't know and so it I think it is clogging up bandwidth and like I said I actually want to spend that money. I want to add to our portfolio of assets. Um I want new streets. I want bridges. All that stuff. So those are some thoughts. I am very excited about um this budget on the whole. I think next year even better. Um but those are some of my philosophies and I appreciate the uh sharing my for listening to my thoughts and I appreciate the mayor for letting me comment. Thank you. Thank you Vice Mayor Dascus. Thank you madam. Thank you madam mayor. Um I'll echo some of the comments from my colleagues. Um this has been a a process that we have gone through together working through this budget and and sitting through several meetings. Um but I also uh would like to thank the budget review commission. Um I'll give a shout out to my commissioner uh Brad Newman who worked closely with Carla and Mr. Kukio on a solution for this feasibility study to to take what has been budgeted as a $35 million bridge and and he first looked at it and said, "Oh my goodness, the largest land bridge in the world and uh and then together they work through what's a good solution, how can we find out what's the right solution for the animal life that we have, for the preserve that we have today, and let's work on on on figuring that out together." Um and uh that is that is just um residents working together for the best solution of Scottsdale. And I think that is just a beautiful solution that you guys all all prepared. So I thank you for that and we're very pl pleased to see that it it is in the budget and I I will definitely be supporting it. Um so so thank you for your collaboration there. Um I'm very happy to see that we are uh funding our police that we are um we are providing uh security that our their pension will be funded to 80% that that is a good retention tool um but it's also security for our police officers as well as then also um providing our police officers the staffing count that they need um and then also supporting our fire with the additional uh headcount for the ambulance service which I'm very excited for them to get up and running and and looking forward to that success. Um, and then another item uh for me is the is is our roads. Um, in my area, um, you know, there there are a lot of potholes and a lot of cracked roads and it doesn't say Scottsdale. It doesn't say Scottsdale when you drive down cracked roads. That that doesn't um emanate our brand. And we want to bring in luxury visitors and travelers. we want to bring in in those folks and uh they don't want to drive on cracked roads. So I think we have to work through some of those basic infrastructure items like the police, like the fire, like the roads and um that's the the role of the city here. So very excited about that. Um I do uh want to call out one item that was in the budget um that came up in our meetings this week. I noticed that there was uh just under $400,000 set aside for Scottsdale Arts for some anticipated expenses. Um but those weren't outlined um enough enough. They weren't terribly outlined. And so what I would like to make a motion to um move the $392,938 that were set aside for Scottsdale Arts um from the general enterprise fund operations to the general fund contingency and defer that increase until we have a chance to discuss it further. Second. Uh the city attorney wants to speak to that. Thank you, mayor, and uh Councilwoman Dubasquez. We're on the agenda tonight for a presentation and you can direct staff and so could you clarify your motion or can we assume that your motion is to direct staff to do those things? Yes. Yes, ma'am. Thank you. So motion withdrawn. Um, so I will make a motion to direct staff to move $392,938 that is set aside from the general enterprise fund operations to move it to the general fund contingency and defer that increase until we've had a chance to discuss it further. I'll second that. Do you want to speak to the second? Because I'd like to ask a couple of questions about this. I don't need to speak to the second except that I'm somewhat I'm I'm familiar with this and this was an item that um did not have the clarity or detail or granularity that this council uh that the taxpayers deserved in a budget when they open and review and so I think this is a wise motion. Is there anyone here that can speak to this since it wasn't included in this presentation? And if I'll start off and then my uh colleague may be able to assist. Uh so madame mayor and members of council. Uh this is an item I believe is part of a broader uh plan. Uh and we are currently working with uh the organization uh that expiration of their contractual arrangement is nearing its end. And so I think this allows an opportunity uh for us to finalize some of the contractual negotiations. We're anticipating come coming back to city council in the very near future for an extension uh and then that will allow us a little breathing room if you will uh to have a longer term contractual relationship revisiting that. And I think that dubtubales quite nicely with at the same time having the discussion about this potential longerterm master plan and tying those two together. So I think as I understand the direction it's really still keeping those funds available but putting them in more of a questionable state if you will while these other items are being resolved and then we would return to city council and seek direction in that regard. What specifically was the $492,000 to be used for? That's more of what I was getting at. Okay, Madame Mayor and members of the council. So the 393,000 consists of a one-time 100,000 requests for a stratei strategic plan for Scottsdale Arts and then there's $23,894 for increase in their management fees and then there's um $34,000 for community arts grants. There's 29,987 for public art administration. There's 20,327 for learning and innovation and um a few other thousands for um public art conservation and specialty equipment. So when would this be brought back for consideration because I think we're out of time, right? It's in this it it's in this budget proposed budget, but it was not specifically a you didn't explain it very much in this presentation. So, when would it come back for consideration? Before the budget's approved, we will be bringing the tentative budget back to council for approval on May 20th, and we can include some additional discussions about that at that time before the council adopts the tenative budget. So, really, the motion is simply moving the 393,000 down to contingency to allow for further review and discussion. is not removed from the budget. It's just moving it from the line item down to contingency. And so even if you don't have the discussion before the budget adoption, if you have a discussion after budget adoption and decide to move some or all back into the line item, you can still do that. Okay. Thank you, Councilwoman Mckllen. Thank you, Mayor. Um, first of all, uh, Sonia and Scott, thank you for all of your work. I just want to thank the staff and our city manager, Greg Kaitton. I know that you guys have taken an inordinate amount of time, spent it with all of us on council and had, just so our citizens know, individual meetings with all of us to make sure we understand the thought process behind the budget. And so, I am grateful for that and the time you've spent doing that. So, thank you staff. I'd also like to thank all the volunteers of the budget commission. You guys worked hard. I'd be in my office and I thought they're still going on and I had left the meeting like an hour before and then I'd come back down and see the second half of the meeting. So, thank you and thank you to my rep uh Dan Schwikert who um is not in the audience but home I'm sure watching it online. Um, that being said, one of the other things is for the public, there's an increase of 90, what was it? 98 full-time employees. I want the the public to understand that even with 98 full-time employees. We are still understaffed. We are not at the staffing that our city was at in 2012. So they are doing with a population that has grown multi- facilities come online and we're still working with less staff. So good for you, city of Scottsdale. I I that is amazing to me sitting through all these meetings and thinking we're doing more with less and we're still trying to catch up. That being said, I'm very excited about us paying down the retirement system on behalf of public safety because it does position our city um at that 80% which when people are looking to come or to apply uh they're going to look at our city first and they're going to want to be public safety here. They're going to be a fireman in Scottsdale or a policeman in Scottsdale and that makes our community safer. So, thank you. Um good for thought Sonia. Those are my comments. Councilman Quasman, you want to call the qu call the question? Oh, let's you want Solange, do you want me to call the question on this one or would you prefer that I you want to Madame Mayor, I I I uh I paved the way for for uh Councilwoman White. No, I just wonder if what Vice Mayor Damascus is asking is more clar I don't do we have to vote on this or can we just like with the paving just have more clarity and then vote on it at the next meeting because either we pull it I I think you if you don't support you want to maybe pull the plug on it you want to vote I I I mean my my thought is I would I don't want to vote against it because I don't know it and I don't want to vote for it because I I want to No more. Yeah. And so that was the purpose of my motion was for now, let's move it into contingency. And then what the city manager was saying is that we're under contract negotiations very quickly here. Um it does seem to be probably June 30th. So in in the next couple of months, if we if we just move this into the into the contingency, we'll still have the money available. We have time to investigate why are we spending $100,000 on a strategic plan for a non our nonprofit. We can we can answer some of those questions. The money is still in the budget. It's just not in the active we're spending it line, but we can then it if we decide to spend it, we can then move it over. I just I don't want to approve $400,000 for items that I kind of don't think are our responsibility to spend. Um and so I'd like to just move it into the into the contingency line. Okay. Okay. And I do have Thank you. Thank you, Vice Mayor Dascus. Another question. Um before you want to call the question, one more question here. Um do we have a back to paving? Do we have a kind of an itemized list of which roads, you know, worst to best roads? Is that something that we have available? And then specifically what's happening with Thomas, Madame Mayor and Councilwoman Whitehead. So two parts there. The first is we just did a comprehensive analysis of all of our roads throughout the community and have a PCI for everything. What we are working on now is developing not just a one-year plan uh but likely a 5 to 10year plan. I do want to point out two things. One that was illustrated next year we have some surge funding I'll call it. But then after that it really returns to less than that 20 million which I will tell you uh will not be enough to increase the the pavement condition index. So part of developing the 5 to 10 year plan will have a discussion with city council to understand what a 75 looks like what an 80 looks like for example and then really get your feedback on what we want to try to achieve. uh for sake of discussion right here today let's just say for sake of discussion a 75 and for audience it's a scale of zero to 100 100 being good zero being poor we have approximately a 63 average right now so we have quite a ways to go if we want to get into that mid70s range so se in addition to your question about Thomas what we have with Thomas and is it is a fail failed roadway. So what I advocated in many discussions with the budget review commission is if it's failed today in 12 months and in 24 months it's still going to be failed. If we could reallocate those dollars it was approximately$19 million. However, because of cash flow we had 15 million available. So we have uh effectively reallocated 15 million from Thomas reconstruction to pavement uh condition index improvement throughout the system. And the argument is again it has failed today. It will continue to be failed in 12 months or 24 months. We will still need to return to it. The only increase in cost would be inflationary pressures. However, what we can do is use that $15 million for what we have for next year. now with the reallocation and invest that in roads that are on the bubble. Meaning if we invest in a good number of roadways over the next 12 to 24 months, we will save them from becoming failed failure. And that is a significant savings in the cost because if you treat it the roadway when it doesn't fail uh then it is significantly uh cheaper per uh per roadway per square yard if you will. So that was the measure in order to get to the 42 million to uh really we they call it kind of global work if you will on many roadways. We will identify all of those opportunities that is being done now by a third party and we'll identify the different treatments much like a toolbox. Some would take a lighter treatment if you will. Some would take even a little bit of a heavier treatment but not a full reconstruction. and we would identify those roadways uh for next year that is in process and then also bring back that five to 10-year plan and then understand the costs uh that it's going to take to get there. I will tell you that it I don't have the exact number but is north of 200 uh million at this point uh just for the audience uh member edification it's approximately$ 1.4 4 billion dollar uh asset that we have and has deteriorated over the years and at 63 uh we have a lot of work to go um before we get back into this more uh stabilized manner. So I suspect we're all going to know a whole lot more about paving over the next few months and few years. Um I will say you know I and I do want to mention that we did forfeit a grant a regional grant on Thomas Road. So, I get it. I'm willing to be open-minded about that decision. I need to know a lot more, but we still have a failed road that is dangerous, is a liability to the city, and a danger to the public that lives along that roadway. So, I'm not thrilled, but I understand we always make um compromises in how we proceed. So, thank you. So, we'll go ahead and vote on this motion, and then I just have a couple of questions to follow up. All those in favor of the motion to move this Scottsdale Arts proposed budget amount to contingency, please indicate by I. Don't see councilwoman Mckllen. She is absent for this vote. So, we'll move on. A couple of questions I have, Sonia. there were um pro there were allocations for increases in staff pay um all across the city it appeared. Can you provide us with or at least me and copy whomever with um what that looks like what the amounts are projected uh year overyear at least the next you know fiscal year. Um, it's my understanding that the city uh overall staff has received significant increases in pay and I hear what the logic is because we had fallen behind. But if you can also include what the um increases in uh salaries were across the board at city at the city that would be very helpful over the last you know this fiscal year and prior uh four years I think going back. Um, I would really appreciate that because as you indicate that sales tax revenues, city sales tax revenues are declining. State shared uh revenues will be declining. We've already lost, you know, a a bump with the with the uh rental tax. Um, all signs are pointing to maybe a little instability in the economy. So projecting or including as placeholders um as a placeholder staff increases I think is uh I' I'd rather have a lot more justification for that and um information on what that actually means dollar-wise and percentage-wise. And then uh on that note, I've I've been on record as being concerned about the police pay. I would ask that who would be qualified? I guess city manager. I would ask that you I've seen a couple of studies that are done across um countywide, you know, with the cities our size, top eight or 10 cities. And while it doesn't come from us, I'd rather see something that we can rely on and be objective. Uh but if it's true that we're in the bottom, you know, we're the eighth um in terms of overall compensation and behind cities like Apache Junction, I I think we should fix that problem sooner rather than later. But I'd rather have validation and verification that that's actually the case and not just talking points. So, I would ask if you can prepare that for us before the next uh meeting to adopt the uh budget. That would be great. And then on the Scottsdale Arts, because certainly for me, I've reviewed the budget and this the details of this just popped up um on at this meeting. So, some of us had more information than others and not anyone's fault, but um if you could prepare an overview of that and any concerns right away so that we can we can be ahead of that for the next meeting, that would be great. And also lastly, Sonia, I um I want to just understand dollarwise, I I know you've you've included the um $50 million payment uh on the um the funding for payback, if you will, funding for police retirement funds. Um I would like to know what the actual savings is. Did you have that in one of the slides? You did. Okay, then that was already in there. then that's sufficient. I'll look back at the slides and I'm really glad your 11% uh re reduction um from last year's budget. I think that was the number. So, congratulations on that. And I love the fact that our streets will be paved. And if anyone's listening, can you also make the pot the man covers not two inches below the new paving? Can someone do that for us? Yes, ma'am. Please, because that hurts tires. Anyway, and that's all I have to say. Uh, I think that's you wanted direction and I think everyone's given sufficient direction. Anybody else? Councilman Clausman. Thank you, Madame Mayor. Uh, members of the council, just just um just a couple things. I want to get be really clear about the unfunded liability because it was brought up by the budget review commission and there is you deserve a city council that's a watchdog uh for the long run and paying down unfunded liabilities is the hallmark of good municipal government and that that is the definition of sustainability. Um it you hear horror stories of cities on the east coast with unfunded liabilities getting out of control. This what we are doing in this budget is the opposite of that. And you're seeing it on a bipartisan a nonpartisan a superartisan level that everybody wants to make sure that our police is that their that their livelihood has been secured. If there's any one part of this budget that I think is fundamentally important is that we are concerned and making sure that that the taxpayers are not left on the hook 10 years from now, 5 years from now, 10 years from now, 15 years from now with an unpaid, unfunded liability and saddled with with this disaster. We are fixing it now to save for the future. That's the definition of fiscal stewardship. On another note, um I did review the budget with uh with the city manager and the city treasurer and and I'm of an opinion that the council needs some support, some additional support and uh we I I really believe that we should be allocating existing FTEES uh to the council as management associate support. Um it allows the increase um in council support without without increasing the number of FTEEs. And I think that that's a that's a a reasonable and and and fair thing to do. Um so with that, I'd like to make a motion uh to direct staff uh to reclassify the management analyst PCN 3279 to a management associate and to reclassify the executive assistant PCN uh 0179 to a management associate and to relocate both these positions from the mayor and council cost center to the city clerk cost center. Second. So before we take a vote, did are you just removing two employees from the mayor's office? Is that what you're attempting to do? We are restoring we are restoring a level balance on the council to ensure that this council doesn't have to battle to share a single uh a single uh associate support. So of course I'll oppose that. I mean these members in the mayor's uh office have been present for many years. um understanding that you and a couple of other members want to continue to undermine uh the mayor uh me who was elected by 72,000 voters in Scottsdale. Um I'm very opposed to this. I think this is a very inappropriate motion to make and really shows true colors as to what's going on here. So, uh, with that, I know you've asked for direction, um, in this council agenda item. This is an improper motion. Entirely improper. Sure. Uh, Councilwoman Whitehead, and it's completely out of order. Okay. So, I will say that Perry Mason, we want gotchas, but not city government. So, I this sort of comes out of the blue for me, too. Look, I I Maril's amazing. Ben, did you hear that? Merely is amazing. Um, but I I'd rather just push this out for this. We're at the point in the budget where we're just tweaking things and I am going to oppose this. I'm open to having discussions, but I don't this feels like uh not very well thought out. Did I say point shoot aim before? So anyway, I would prefer to have this discussion after this budget cycle. I get it. I respect it. I would love more staff, but I'm going to oppose it. Thank you, Councilwoman Mckllen. Thank you, Mayor. Um, I'd like a clarification. There's no action that can take place tonight on this, correct? Other than a direction. Correct. uh Mayor Barowski and Councilwoman McCallen. This is simply direction to staff to do that. Uh the council will have an opportunity to look at the tenative budget coming back um not too terribly long from now uh to make a final decision on the tenative budget and then there's another action past that. Um so you can take a motion to direct staff. The council could certainly uh deny the motion to direct staff on this item. I don't know if Sonia has anything to add um about this. Um can I ask one more clarification question? Certainly. Is the current staffing the same staffing that it has been say the last two decades? Well, this has caught me by surprise as well. I I'm not sure I can answer that question. We have had um a chief of staff and um an assistant I don't know the title up up in the mayor's office for some time. That's certainly not part of my budget. So I haven't studied the cost center that it comes out of. That's something maybe uh maybe Sonia could answer better than I or maybe the city clerk could answer. And I'll just chime in. Instead of being punitive and really uh interesting with this motion, I would if you're looking for more staff, maybe ask for more staff in your office instead of take such aggressive undermining uh approach to my office. maybe chat with me about what my staff does and whether my staff is needed in my office and whether we can cooperate and collaborate to also utilize the staff in the mayor's office. Councilman Graham U. Thank you, Mayor. Um I guess can we can we call the question? Can we vote on the on the motion on the floor? Thank you. I want to ask again, is this a proper motion, Jerry? It doesn't appear to be. Mayor, it's a motion to direct staff to make these adjustments to the budget to bring it back for the tenative budget. I I'm just not in a position to say it's an improper motion because we are on the agenda for directing staff. With that, we'll vote. Moving right along. We do not have any uh citizen petitions for this evening. And we do have one mayor and council item which is at the request of Vice Mayor Dasosquez uh asking for the city council to reconsider or to consider whether to initiate a formal review of the development review board's April 17, 2025 decision which approved design plans for a new 191 unit town home community uh on Legacy Boulevard. The council council can take one of two actions related to a possible review of a development review board decision. Initiate review of the development review board decision which would take place at a regularly scheduled council meeting at least 30 days after the council moved to review this matter or to take no action. Vice Mayor Dascus, uh would you like to add anything? Sure. Thank you, Madame Mayor. Um I've had the pleasure of chairing the DRB committee for the last couple of months and at our April 17th meeting there was a uh project which is the BB living at Cavisson that came up and um it is uh at Cavisson so it's on the north side of the 101. Um this is a project that is town homes and it was presented to council as um two styles mixed in together. So some of the buildings would be uh Spanish style, some of the buildings would be traditional style. Um the colors were not compatible with the area. Um and uh and so it it was a project that seemed to me that could be done at anywhere in America. And in fact, the applicant provided a presentation that showed these projects and similar looking projects done in Austin, Texas and and throughout the country. And so, um, I voted no because North Scottsdale is, uh, Scottsdale is a special place to begin with. We have our own special look and feel. And in our design guidelines, we do say that uh we have these minimum requirements that that we need to fit within. But also all projects need to fit within the area that they're going into. And I feel very strongly that um this project does not it just doesn't look like it belongs in North Scottsdale. It looks like it could be along the side of the freeway in Park City, Utah or or in Portland, Oregon. And so um I I uh brought this appeal uh forward and asked for it to be placed on the agenda and um one a wonderful thing has happened which is that the applicant has reached out and said that they are willing to um uh update their design to make it look more like a North Scottsdale project, a little bit more like their neighbors in Greyhawk so that it would be a project that would be better for all of Scottsdale um and would look like Scottsdale. And so, um, I'm asking council to initiate a review and bring this back for agendaizing for a future council meeting, um, so that we can look at raising our design standards, asking for things to look like Scottsdale rather than, uh, any town USA. So, um, I will, uh, make a motion to initiate a formal city council review of the April 17, 2025 development review board decision regarding the BB living at Cavisson. The review would take place at a regularly scheduled council meeting at least 30 days after the council moves to review the matter. Second, Councilwoman Whitehead, sorry. So, thank you, Vice Mayor Dascus. I just want to explain why I'm going to vote against this. Certainly I over six and a half years I've chaired many DRB hearings and I agree now that I understand I don't think you spoke at the hearing but I understand her concerns and they're valid concerns but we have a state government that is always wanting to take away our right to even have a development review board and I certainly don't want to have uh to to provide to weaken that um here at the council. So what I have always done in DRB and to the probably probably many of the people were upset that I did it, we would continue these cases and I would I would spend weeks working with the applicant, working with other DRB members and getting it corrected at the DRB level, but um it is a valid reason. I oppose doing it. I'd rather see it go back to the DRB and to keep that DRB um our right to have a DRB in place. But I do want to mention that this is uh we often hear about the apartments in the pipeline. Well, this is a shovel ready site. Permits have been gotten 400 apartments. There's not another other than taking out the shovels. Nothing else is needed. And this um land was sold and the new project's 150 town homes. So, it's a down zoning. So, I feel very fortunate that you can, you know, take those out of the pipeline and and this second site in that area that is going from highdensity apartments to a town home. So, I'm very pleased about that. I I just don't support uh bringing DRB cases um up to the council level when it I feel should be done at the DRB level. So that's why I oppose it, but I like the uh reasoning. Thank you, Councilman Graham. We have a perfectly legal process for bringing cases up from DRB. We've done it many times. I I'm a little bit perplexed by that comment because the rules are made to do this. We're following the rules. We're not making up rules. We've exercised this rule many times. And also the DRB exists at we created the the c not this council but the council create creates the DRB. The DRB is a creation of the council that we delegate tasks to and that we it's in our it's we're privy to bringing those cases back to council. So I I don't understand the comment we shouldn't do what we're allowed to do. The other thing that my colleague just mentioned and I guess where I'm going with this is that I enthusiastically support this motion because the renderings just show boxy dense stacking or boxy dense cookie cutter apartments in North Scottsdale. If we don't do this, if we don't exercise the the rights that we have, you're getting boxy cookie cutter apartments in North Scottsdale guaranteed. we have a chance and the developers already or developers attorneys already reached out to some members on council and they've already w demonstrated a willingness to make modifications. So, we should be thanking the vice mayor, vice mayor Dowskis for bringing this up and for bringing you and Scottsdale a better product. I think actually we should be exercising this right more because in South Scottsdale when we've thrown up hundreds thousands of these dense boxy cookie cutter apartments we could have we had more leverage to get better quality better architectural materials better Scottsdale higher tier of Scottsdale design the comment that if we do this then we're we're risking like the state punitive retribution. That is literally the talking points of outofstate apartment developers. That is exactly the argument that they make not to do this. So, I'm just I'm blown away by what we just heard before us and we should be thanking Count Vice Mayor Dubowskas and I enthusiastically support this. Thank you. I don't see any other requests to speak. So with that, we'll take a vote on taking the DRB decision to council. All right, that concludes the regular agenda. I believe I have oh the citizens petition. So tonight we received the petition uh citizens petition to undertake the uh feasibility study for the wildlife bridge or the sorry the Rio Verdie overpass. So we heard much discussion about that earlier. Uh, does anyone want to take a motion to take action, direct staff to return information to us on this or take no action? Schedule at a future meeting, I should say. Uh, Vice Mayor Dascus. Um, the applicant asked us for number two to direct the city manager to investigate the matter and prepare a written response for council. So, that's what I would like to recommend is that we proceed with number two. I'll make a motion for number two. Second. Second. All those in favor. Don't think we're registering. All right. Excuse me. That concludes the regular agenda. And now we have uh Vice Mayor Dascus here on the board. Okay. Nothing. Next, we have the work study session, which provides a less formal setting for the mayor and council to discuss specific topics with each other and city staff and provides staff an opportunity to receive direction from the council. We don't have any uh citizens that want to speak on this. Um, presenting tonight is the quart quarterly financial and capital improvement plan updates. Uh, Sonia Andrews will speak. Thank you, mayor. Thank you, council. Um, I will make this really quick since we just went through the budget presentation and it's late. So, next slide. So, the purpose of this quarterly review is to provide highlights for the general fund, basically revenue collections and budget to actual variances. Next slide. Overall, the general fund revenues are 5% above budget and overall the general fund expenditures are within budget with a 2% positive variance. Next slide. As you can see on the slide, um sales tax revenues being our largest revenues are 12% above budget. And one of the reasons it's 12% above budget is because we've had some large one-time audit payments. So, without the large one-time audit payments, we're at about 9% above budget. Next slide. This is the rolling uh 12-month rolling local uh sales tax collections. And as you can see, it's just bumping along and pretty flat for the year, but it's not decreasing. Next slide. Our general fund total revenues are coming in at 5% above budget. primarily the increase in uh the positive variance in the sales tax is offset by the negative variance in property taxes and the reason is because we um had to pay the quasmire lawsuit refunds and that decreased our property taxes for this year and so next slide um on the US side we are uh within 2% positive variance on the budget as you can see the large negative percent variance is in our capital outlay contracts payable. Even though the percent is pretty large, like 15 uh% the dollar amount is really just 200,000 and that was because we had some um equipment that we purchased um that we didn't expect. So that we spent some um funds over there. Next slide. And then overall uh when we look at our expenditures by department um we're all in line with the budget. And that ends my portion of the update and I will turn it over to Allison. Thank you. Hi. Good evening, mayor, members of council. Um, for the CIP update tonight, I do have a short video. Welcome to Investing in Our Scottsdale quarterly recap, highlighting projects from Scottsdale's capital improvement program. 77th Street Access Improvements. Del Camino 2 is a residential community that has long been home to the Yaki families in South Scottsdale, adjacent to the Indian Bend Wash. This community faces an ongoing challenge, limited access, especially during storm events. With only one access point from Roosevelt Street to the north, residents are often cut off from their homes during the rainy season due to flooding at the Indian Bend Wash. Through a federal economic development initiative grant and local funding, a new $2.8 million city project will provide much needed secondary access to the community, helping to ensure safer, more reliable access for residents. This will be achieved by building a new mixeduse pathway which will also function as a vehicular access route during flood events. Design work and community involvement on this project have just begun and construction is scheduled to begin in the spring of 2026. Repair lakes and irrigation in Indian Bend Wash. Most of the amenities in Scottsdale's Indian Bend Wash park system were built in the early7s. Scottsdale voters approved funding in the 2019 bond election to make muchneeded upgrades and repairs to the lakes and irrigation systems. Work began in the spring of 2023 and the first two phases of the project are now complete. Work is taking place now on phase three which will build a new pump station and intake line for Elorado Pond so that the lake water can be used to irrigate fields. Work will begin on phase 4 during the fall of 2025 and make a series of improvements to Vista Del Camino Park. The entire $34.6 million project will be built in phases and take several years to complete. Booster Pump Station 114. Several upgrades to replace aging infrastructure were recently made at Booster Pump Station 114 located just north of Yolinda near the Encala community. As part of this overnight project, the team replaced the chlorine quill used to add chlorine to the water and a critical 36-in butterfly valve, which helps to maintain proper water pressure throughout the water delivery system. The equipment was located more than 30 ft underground, requiring careful planning and precision to ensure everything was replaced safely and efficiently. To minimize disruption, most of the work was done overnight, avoiding peak water usage hours and ensuring there were no service interruptions. These upgrades are part of a $173.6 million investment citywide to upgrade our water distribution system and ensure that it continues to operate at full capacity, providing clean, reliable water to the community. Sha Boulevard improvements. Several improvements have been made to a segment of Shea Boulevard to make the roadway operate better. Intelligent transportation systems or IT fiber vaults and conduit were installed along Shea Boulevard between Loop 101 and 136th Street. Intersection improvements were made at Shea Boulevard and Vinda 110th, 114th, and 136th Streets. Right turn lanes were added at 110th and 114th Street. Signal operations were improved at Shea Boulevard and 110th Street with the addition of east west green arrow left turn phases. Site distance was improved at the intersections of 110th Street Vinda and 136th Street. Sidewalk upgrades were made on the south side of Shea Boulevard between 112th and 114th Streets and the north side of Sha Boulevard between 136th Street to the city boundary. This recently completed $19 million project was built in phases over two years and will make this busy travel corridor operate more efficiently. Police training facility. First responders in Scottsdale now have new facilities to train at thanks to a bond project that modernized and expanded the police training building. The new facility includes a new 1500 ft modular tactical shoot house, a new indoor 25 yd 14 bay shooting range, a new defensive tactics mat room, a new video training simulator with a 280° screen, a new fitness room and equipment. The building was expanded to add two new 30 seat classrooms that can be combined with the 60 seat capacity. Upgrades also included new locker rooms, a new break room, and new flooring and paint throughout the building. The $20.4 million renovation has modernized the building that did not meet current needs and national training standards. The new facility has already hosted training exercises where existing members of Scottsdale's police department, and the first class of recruit cadets will begin their careers at the facility later this month. And that concludes the latest highlights of capital projects in our community. Thanks for watching. There's also a budget slide if you can pull that up please. Thank you. And that concludes the presentation. I can answer any questions. Thank you. I don't see any requests to speak. That is that it. I move to adjourn this meeting. I everyone say I I