City Council | Regular Meeting - November 12, 2024

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I call the November 12th 2024 City
Council regular meeting to order city
clerk Ben Lan please conduct the roll
call thank you mayor mayor David Ortega
pres vice mayor Barry Graham here
council memb is Tammy caputi here Tom
Durham here Betty janick here Kathy
Littlefield here in Salange Whitehead
here city manager Jim Thompson here City
attorney Sher Scott here City Treasurer
Sony Andrews here acting City auditor
lay KF here and the clerk is present
thank you mayor
excellent we have Scottdale police
Sergeant Shan Ryan as well as detective
um Dustin Patrick and firefighter Ivan B
Iver if anybody needs assistance let's
begin with the Pledge of Allegiance
councilwoman
whad iedge of to the United States of
America the for it stands
at this time we draw attention to the
ongoing Wars in foreign countries as
they fight to protect their democracy
and freedom also um we celebrated
Veterans Day um yesterday and we keep
our military service members um both at
home and abroad uh those deployed in our
thoughts and Reflections at this time I
ask you to join with me in a moment of
Silent reflection
thank you I call on city manager Jim
Thompson um give us your manager's
report
please thank you Mr Mayor this evening
we have a short video for
[Music]
you I'm public information officer
Kelsey Perry with five things happening
around the city you need to know at
number five it's a look at the city's
landlord engagement initiative
Scottsdale's Housing and Community
Assistance Office provides landlords
assistance through the housing partner
program which offers direct deposit
options prompt customer service signing
bonuses and damaged relief claims when
applicable last fiscal year the program
added 75 units and 15 new landlord
Partners who appreciate the stability of
qualified Runners who are vetted and
managed through the City's community
Assistance Office if you own a rental
property in Scottdale learn how the
housing partner program could work for
you just visit scottsdaleaz.gov and
search Housing and Community
Assistance at number four we put the
spotlight on Scottsdale tourism as the
weather cools and Scottville prepares to
welcome an influx of visitors let's look
at how out of town spending contributed
to the city's economy last year scel
visitors generated an annual economic
impact of 3.5 billion in
2023 that's an increase from the 3.2
billion generated in
2022 an estimated 11.2 million visitors
came to Scottdale last year from day
Trippers to domestic and international
overnight visitors that's nearly half a
million more than in
2022 learn more about the city's tourism
and events Department by visiting
Scottdale a.gov and searching
tourism at number three we salute our
nation's veterans scotdale is paying
tribute to Veterans and active military
members throughout November in
recognition of national veterans and
military families month the city held a
Veterans Day commemoration and Community
hike this week in honor of Veterans Day
and for the third straight year
Scottsdale is honoring its Local Heroes
through a banner display program in
Oldtown Scottdale more than 40 local
veterans and service members are being
recognized with banners along drinkwater
Boulevard between Osborne and scotdale
Road
the banners will be up through November
15th for more information on the banner
program visit scotle e.gov and search
scotdale
salutes at number two it's an invitation
to a winter wonderland right here in the
desert the holiday lights at mccormic
Stillman Railroad Park enjoy a
captivating train ride through
enchanting light displays Carousel rides
Miniature Golf and More the event kicks
off November 29th and runs through
December 30th purchase tickets at the
railroad
park.com and at number one it's more
holiday magic during Scottsdale's
monthlong celebration Scott Dazzle the
fun starts November 30th with a singal
and tree lighting ceremony on the
Scottdale Waterfront and continues
through December 31st with more than 45
events seasonal decor and light displays
dining shopping and more throughout
Oldtown Scottdale visit scottsdazzle
decom to see all the fun we have in
store this year here that will do it for
November for more news and events sign
up for our city newsletters by heading
to scottsdaleaz.gov and searching
newsletter well thank you uh excellent
we are launching into our uh peak season
uh next we will have a presentation it's
a certificate of appreciation from the
unit United States Vietnam
commemoration um um we have Justin
Layman who's a vice chair of the
veterans advisory commission to make the
presentation with Kelly corset thank you
uh thank you mayor Ortega members of the
city council uh I am Kelly coret
Communications and public affairs
director and I'm also staff liaison to
the city's veterans advisory commission
uh and the commission is represented
here by chair land Anderson and also by
Vice chair Justin Layman on July 5 2016
the Scottdale city council adopted a
resolution approving the city's
participation as a commemorative partner
in the United States Vietnam War
commemoration a nationwide effort to
properly honor the generation of Brave
and dedicated veterans who served on
active duty between November 1
1955 and May 15
1975 since adopting that resolution the
city has hosted a number of Ceremonies
dedicated to this purpose the past two
years with Direction and support from
the veterans advisory commission the
city has hosted special events on March
29 National Vietnam Veterans Day
specifically to thank our Vietnam
veterans these events have been embraced
and appreciated attended by hundreds of
thankful veterans their families and
supporters the city is being recognized
by the US Vietnam War commemoration as a
top performer among its partners and
members of the VAC are here to thank the
mayor and City Council for your
continuing support of the veteran
community and present you with this
certificate of appreciation which reads
in part on behalf of a Grateful Nation
congratulations on your superb efforts
as a commemorative partner with the US
Vietnam War commemoration your
impressive dedication energy and
engagement has identified you as a top
performer a significant partner
instrumental in thanking and honoring
the more than four million of our
nation's Vietnam veterans and their
families we are indebted to you and your
volunteers for the countless hours spent
coordinating events and activities that
recognize the service and sacrifice of
this generation of veterans and families
these accomplishments have left a
profound and lasting impact on our lives
and communities thank you again for your
excellent contribution to this Noble
Mission signed Edward J Crystal Jr Major
General United States Army
director so mayor if we can present the
certificate to
[Applause]
you and mayor if I may in closing I'd
just like to um make sure that all of
our Vietnam veterans know that we say
thank you and welcome home and finally
please mark your calendars for Saturday
March 29 2025 which is National Vietnam
Veterans Day we are planning a special
ceremony to thank our Vietnam veterans
in recognition of the 50th anniversary
of the end of the Vietnam War we hope to
see you then thank
you excellent and again we had a a
marvelous Veterans Day commemoration at
the um lawn um just outside City Hall
that was uh yesterday in
um for our Veterans Day um Veterans of
all wars during tonight's meeting the
council may make a motion to recess into
executive session 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 would then resume
following the executive session also per
our Council rules of procedure citizens
attending City Council meetings shall
observe the same Rules of Order and
decorum applicable to members of the
council and City staff unauthorized
remarks or demonstrations just uh delay
the meeting and and uh might cause a
removal of the from the meeting by
security staff Additionally the council
recently updated our council members um
will not be using any um expart
Communications we only are using devices
which are uh relevant to our Council
meetings um all other electronic devices
must be stored elsewhere during the
council meetings next we will go to
agenda items uh and first one is public
comment public comment is reserved for
Scottdale residents business owners
Andor Property Owners to comment on non-
agendized items that are within the
council's
jurisdiction um during no advocacy for
or against a candidate is permitted by
state law and uh then we would U just
listen to the um to the public comment
and take no action as you know you have
the opportunity to check in with our
clerk we have one person requesting uh
this session and he's also submitting a
petitions uh please come forward Stephen
Allen
Sutton uh it's best to use that
can you go to the mic we can't hear you
it'll be recorded uh best this way and
we did receive the petition so uh before
I uh give my public comment I request
that the council in accordance with
paragraph 4.1 of the 2024 rules of
council procedure take a vote to
temporarily suspend the three-minute
public comment rule to allow me as a
representative of 500 Scottdale
residents to speak for six
minutes sir um we appreciate you you
will have another opportunity when you
present your petition later so you you
will get six minutes you can have three
now and three as you as we receive uh
and I certainly will give you courtesy
for uh that portion of all right thank
you I was not May mayor is that I I
apologize uh for interrupting uh the
public comment for the citizen petition
the petitioner has to speak during
public comment when it comes up later in
the agenda that's just for you and the
council Okay so again our our rules
would just permit that please speak as
public as your uh as a member of the
public you have three minutes that was
my understanding that's why I requested
okay well H thank you and we have we
have the petition so you will not you
will not consider a please go please
please proceed I will proceed thank you
thank
you Steve Sutton 6637 North 81st
Street members of the council should
each have the following documents before
you a seven-page cover letter that is my
research report with supporting
references a Parks and Recreation
Department email four dog park signs
created by dog park users two petitions
each with 500 plus Scottdale resident
signatures tonight I am representing the
500 plus Scottdale resident users of
Chael dog
park that are petitioning you we request
you direct the parks and Recreation
apartment to remove the currently used
problematic large dog area and small dog
area signs we request installation of
the active dog area and passive dog area
signs we designed that are similar to
what was used for 16 years from 2007 to
2023 we also request the installation of
the dog park etiquette signs we created
to facilitate better user
self-regulation of the dog
park it should never been been necessary
to contact Mayor and city council about
a problem that could be so easily
solved inexpensively and quickly solved
by The Parks and Recreation Department
and
commission cooperation sought from Parks
and Recreation has been denied as
evidenced by their lack of replies to
request for cooperation initial
dismissal of the need to take action and
after acknowledging the need for Action
due to public pressure an announcement
of a several months long delay to
research and place the issue on a
meeting agenda furthermore there's is an
email specifically stating a
non-commitment to consider input from
the public on this issue the delayed
appears to be nothing more than
deliberate bureaucratic slow walking of
what could be a quick and easy
process the Parks and Recreation
Department's email also provided names
of the specific agencies National
recreation parks admin Association
American Kennel Club Scottdale Police
Department riskmanagement City attorney
they would contact for their research
project I conducted a parallel research
project by contact the same agencies it
should not take the Parkson Recreation
Department months to conduct and include
their research it should take less than
a week my research into see documents in
contact with the agency cited above
indicates that the Parks and Recreation
Department decision to change the
signage at chaparell dog park during the
summer of 2023 was arbitrarily decided
by a single individual almost completely
undocumented and not justified by
precedent authoritative references user
import or conditions existing at Chell
dog
park this problem occurred during this
council's Administration I hope this
Council will not leave this problem to
be solved by the next Administration I
also like to add that every person that
signed this petition did it in
person and
without they never signed it without
fully understanding what they were
signing because there was a presentation
given to fully ensure they knew exactly
what was happening including where these
signs would be placed and how large they
would be this has overwhelming support
thank
you thank you very much Sir with that we
will close public comment duly noted we
have the U the petition in hand and it
will come forth I wish You' had gotten
the dog dogs names too that would have
been really great because pardon sir I
said I wish they had the dogs names too
with with it because we have a lot of uh
well I think if you look closely at some
of those petition Pages you'll see some
smudges those are actually dog prints
from the mud at the dog exactly thank
you
sir okay we have closed public comments
uh next we have the minutes and the
approval of the minutes um I request a
motion to approve the regular meeting
minutes of October 8th 2024 do I have a
second so second thank you Motion in a
second uh please record your
vote unanimous thank you uh next we have
our consent agenda items 1 through 11
and um as you know there's full file
information on every consent agenda item
however um if any council member has a
question um they can um make that point
or request more information also we will
open public comment on any items one
through uh 11 vice mayor oh council
member
Durham thank you mayor um I don't want
to
remove item number four but there uh has
been some misinformation circulated
about this item so um I I wanted to give
Mr Barry an opportunity if he could to
discuss this well you you can make your
comment and then we'll I don't see any
other request uh regarding any consent
agenda item okay so if you have a remark
regarding that then move on to the
motion what what I would like to say is
that uh yesterday afternoon many of us
on the
council uh got numerous
emails that said there were 4,000
pending Apartments before the council
and I'm pretty sure uh that that uh
email included uh erroneous information
about the area project which is is uh
number four on the consent agenda I
received a number of emails that said
this project contained uh 1,000 units
and um it's my understanding this was
circulated by someone who uh had no
knowledge of what the project involved
and uh so as my understanding it
includes only 100 single family town
homes and so um before we vote you know
to clarify the record on this item four
I just wanted to um offer Mr Barry a
chance to correct the record on
this thank you um we also have a request
from vice mayor Graham to
speak
than thank you mayor I wasn't interested
in um item number
four correcting the record or anything
like that I was wanted to pull
item
number please give me a
moment nine from the consent
agenda and then I think I wanted to ask
a quick question about item
number six if I may oh I I see council
member Janet verify one
um item number nine has to do with the u
a contract between the cities of Phoenix
and Scottsdale and U just to clarify
that if anyone was not aware of it and
then uh your your point on number six
please
um number six is the water campus
administration building design and do
you just want to hear a presentation
Betty is that I see head nods from
council member janic um yes because
every time I see the Second Amendment to
the contract
which is in line two of our sheet I
worry that the price has gone up quite a
bit that is a concern so we it's our job
to monitor that so yes I would like a
presentation on it thank you I would
agree so um we have um our city engineer
M timk to uh proceed with u that
presentation as requested item number
six okay thank you Allison Tim Q city
engineer um this is the amendment to the
contract for Scottsdale Water campus
laboratory expansion and administrative
building renovation project so what we
have before you is contract amendment
number
2023-24
m217
3396 to provide Construction Services
for phase zero and early material
procurement sa services for Phase 1 of
the Scottdale water campus laboratory
expansion and AD
administrative administration
building there
you okay this um it's kind of hard to
see up here but what we're trying to
show here
is this is a little bit better if you
can see the area in blue which kind of
shows the visitor and the employee
parking area um and it's label phase
zero that's the current phase so I know
it sounds like we're making an amendment
to the contract or to the contract price
but as you recall this is a design build
management contract um similar to our
construction manager at risk contracts
where we've done a qualification SL um
base selection for the contractor um and
then we negotiate the gmps so in this
scenario it's a designed build manager
so we have a contractor and a designer
working in tandem so we first hired them
for the first contract for their
preconstruction services and then next
The second contract the First Amendment
to the contract was for their actual
Design Services and now this is the
first phase of construction so we're not
adding any money to the project the
project budget has not increased it's
just simply the amendment to the
contract to award the next phase that
they're doing and in this case it's the
first phase of
construction thank thank you okay um
Allison thank you for your present mayor
may I oh yeah no I I ISU my okay thank
you mayor how can we get the
presentations maybe a little is there
any way we can get a little more clear
so that it's so that that's clear as far
as this isn't these aren't budget
overruns this isn't because there's
always those questions that always arise
and I agree with council member janic
about you know trying to keep track of
it all thank you um council member
Graham so are you looking for additional
information maybe in the council Action
Report that describes that um I believe
that we listed that there was the
initial contract which was the
pre-construction services and then there
was the um First Amendment which was the
for the full-blown design and then this
is for construction services but maybe
we can um expound on that a little bit
more that be helpful we can retool that
because yeah in the executive set the
summary the very first page of the
packet these are public documents and
they got to be accessible to you know
people that don't have as much expertise
knowledge of this uh to understand it so
uh it was confusing to me so I thought
it would be confusing to others and
thanks for walking us through it okay
thank you
mayor well thank you very much and again
the digital copy has all the details and
light it UPS that are needed
councilwoman Janik thank you mayor on
item number four I would really like to
hear from Greg Bloomberg
on uh a description of um the
Silverstone resoning as well as um uh
attorney Barry if in fact it is needed
after we hear from our
staff okay so you're not necessarily
asking for a complete presentation just
a clarification from the representative
yes the app representative
yeah so go ahead yes
uh thank you my mayor Ortega and Council
Wan janic um the applicant will also be
able to elaborate on this a little bit
but what this request is is a rezoning
of a parcel from C1 to
R5 it's part of the Silverstone master
plan and the uh request is to do 100 fee
tile Lots with town homes on them these
would not be a
Apartments uh with that there has to be
a little bit of a change to the
Silverstone land use budget because
previously this site was exclusively
required to be Co so we have to change
that land use budget to allow the R5 to
occur on this site so that's the other
part of that
change thank
you okay so the overall inventory is uh
switched from C1 to R5 and impacts 100
units uh as per the report and that that
should clarify everything okay at this
point we also have a question uh did you
have a question on item number four
councilwoman
Littlefield okay thank you uh did you
have a question on consent agenda items
item number please turn your mic on item
number eight a Montera food and alcohol
license I was just curious as to why
that is being
terminated we've had that company for a
long time and I just was
curious Maya members of city council I
am Nick moliner the assistant executive
director for Community Services I do
have a presentation that I can run
through relatively quickly if you'd like
me to go through that yes thank you
great so we
are this is an areial of the Westworld
site plan with the 101 to your left
North to your the top of the screen to
the right of the screen East and then to
the bottom South the facility that is
circled in red is the Montara facility
that facility has been at the was built
in the late
1980s this is a picture of the Montara
facility a relatively recent picture of
the Montara
facility so to provide some background
on the history of monara the city of
Scottsdale Leonard entered into a land
lease agreement with the Bureau of
Reclamation in 1982 which is a 75e lease
with a 50-year initial term and then a
25e extension and that agreement was to
create recreational and entertainment
activi
in that northern region of Scottdale
which was very North at that
point until 1997 the facility known as
Westworld was not owned by the city of
Scottdale so it was privately managed by
an operator that had the exclusive food
and beverage rights to the entire
facility and 1997 when the city
purchased the the management rights to
the West World property much of which
had been built with private funds and it
buil been built privately for $4.5
million we elected not to purchase the
food and beverage rights the management
rights to the Montara facility at that
point for $2
million to clarify that the city has
never held the management rights for
Montara and they've been exchanged from
several private organizations over the
course of
time here's a quick background I won't
go into this but in 19 from 87 to 92
horse horse World joint venture built
the amenities at Westworld that included
Diamond Back Steakhouse and Saloon which
is now Montara in 1997 the city
purchased Westworld and elected not to
purchase those management
rights when the city did purchase
Westworld we entered into a
concessionary agreement with an
organization called
Pegasus and Pegasus at that time entered
into a subc concession agreement with
big four catering to provide food and
beverage Services throughout the the
West World facility in
Montara and then in 2002 the food and
beverage Master license for Montara was
transferred from Pegasus to National
Western Capital Corporation and it has
been in their possession since
2002 this is a picture of Diamondback
Steakhouse so what are the benefits why
are we here today to ask for termination
of the agreement one is for the the
benefit to the city of Scottsdale is
strategic control of the Westworld
facility
so Westworld as it was managed in the
90s and early 2000s was not a yearr
round event facility there weren't
events City events that were occurring
at West
world really daily and the idea the the
concept of a second uh management
company operating Montara did not
provide any any real
impact to City events or our ability to
bring in new events so really control of
the West World property our ability to
book events our ability to control the
sites that includes the Westworld master
plan which we are currently working on
and the focus of that master plan is
circulation access parking is a big
piece of that and the Montara facility
has a relatively large parking footprint
about 250 spaces which are which are
obligated to the Montara facility when
it's
used there are Financial considerations
to our recommendation to cancel their
contract and then the the moving
management rights to the city of
Scottdale does provide some increased
space and some Diversified space for the
Westworld
portfolio so strategic control and
alignment with our West world master
plan there's a there's a couple of of
primary uh risks to not canceling the
management rights one is the possibility
of National Western Capital Corporation
assigning the rights to another vendor
and that did prompt this decision to
move forward the discussion about the
city exercising its $2 million option to
buy out the food and beverage rights for
Montara has been something that's been
discussed for years and it was discussed
at the point that the city of Scottdale
acquired the westw world property in the
late 90s
at that point food and beverage wasn't
quite what it is now so the city and and
that I'll highlight this a couple of
times but that $2 million investment in
1997 is a lot different than what that
$2 million investment is today and
that's stayed the same since 97 so there
isn't a CPI escalator there's no there
has been no escalation in that
cancellation so the National Western
Capital Corporation did come to the city
of Scotsdale with a desire to suas the
the Mona facility which provided
logistically a number of concerns with a
potential venue that was hoping to
activate that space 365 days a year in
the middle of westw world
events the West world master plan which
I had mentioned before that is is
primarily focused on parking access
Ingress eess the having control of the
mon ter property is an essential
function with us being able to plan the
site let me go previous so there are
some Financial considerations for
increased Revenue right now the city of
Scottdale receives 2% for any of the
activity that occurs at the the Montara
facility so the current projections for
fiscal year 2425 are anticipated about
$25,000 which is about four grand to the
city
if we were to cancel the management
rights in the city were to have that
that same activity would multiply by 10
for the city of Scottsdale in terms of
the percentage that the city of
Scottsdale would receive that that's
based on our lowest commission
percentage which is 19% through our food
and beverage
provider a conservative activity
projection would be 35 events per year
right now we have 16 we think 35 events
is pretty conservative for us relative
to the to the demand at West
R the the piece that we would see
immediately is we would we would
Implement a rental fee which we do not
receive right now so we'd come back to
the council during the rates and fees
process and we'd recommend a rental fee
for the Montara facility we're using our
projections here at $2,500 that's pretty
conservative that's pretty light the
Fieldhouse is double that for about the
same space different space and I realize
how busy
are um
we expect for that over time to increase
substantially where we would see about
$250,000 a year in Revenue to the city
in comparison to the $4,000 that we're
receiving right
now we have one other item that's
significant as it relates to the
financial impact that the city would
receive in the financial benefit right
now our food and beverage partner our
concessioner M culinary is housed out of
the Montara facility and the Montara
facility has a commercial a commercial
kitchen commercial Cold
Storage in the event that that Montara
facility is either subleased or those
rights are sold to another
organization the city has to find Space
within the Westworld footprint to build
a new concession air space and that
space could be very very expensive I
don't have the costs on that we did not
identify
uh reasonable viable space and an
initial evaluation of the space at
Westworld to do a full move of of the
food and beverage area so we would save
all of that
expense and then finally we would see
uh what we feel is a pretty good
addition to the rental portfolio at West
world right now the the
smallest space that we have to rent is
37,000 Square F feet the next is 120,000
fet and a lot of our customers aren't
looking for that even existing event
producers who wish to hold ancillary
events at Westworld don't have a lot of
options so with that I'll take any
questions councilman Littlefield is that
answer that answers my questions as to
why we're doing this thank you thank you
councilwoman thank you very much Nick um
at this point I would open public
comment uh and seeing none on on consent
agenda items 1 through 11 therefore I
will close public comment this time I
make a motion to approve consent agenda
items uh 1 through 10 sorry 1 through 8
uh and um 10 and 11 so we would be
omitting um item number nine so I move
to approve those second thank you um
seeing no further comment please record
your V
vote unanimous thank you very much um
next we will um I'm I'm taking a little
liberty as as chair I would
um move to uh I'm going to change the
order of our agenda um by placing item
number 17 as our next um which is the
nominations of boards and commissions uh
just to keep everybody um up to date
again we will return to the regular
agenda the regular agenda would include
item number nine and as well as 12 on
that as listed so at this point I turned
the uh this portion of the meeting over
to vice mayor Barry
Graham thank you mayor I will try to get
through this as quickly as possible
tonight is a nominations only this is
not an appointment meeting so we're just
doing names and uh I'll read the uh
script here raml are you ready to go
okay very good thank you mayor this
evening the city council will be
nominating Scottsville residents
interested in serving on citizen
advisory boards and commissions and
committees Scottsville city council is
responsible for establishing City
policies and enacting laws in support of
these policies Council relies on
volunteer citizen-based boards and
commissions to research issues and make
recommendations in support of the
council's missions and goals the
information and recommendations provided
by Council appointed advisory boards is
a valuable tool in helping council
members in their deliberations
appointments for these positions are
made at a special city council meeting
in December as we begin our process this
evening I'd like to remind my colleagues
that an applicant only needs to receive
one nomination in order to advance to
interview before the council when I call
on you if your chosen applicant or
applicants have already been nominated
by another council member please State
no additional and we will move on thank
you let get
started environmental advisory
commission provides guidance and prior
prioritization of future environmental
activities and recommends environmental
policies to the city council special
qualifications are required the members
of the board shall reflect both
scientific and non-scientific interests
terms for UTA Brady and Andrew shank
expired November both are eligible for
reappointment and have submitted
applications for reconsideration Ryan
Johnson's term expires in December and
is ineligible for reappointment there
are three vacancies and 13 applicants
the
applicants are as follows do uh you need
me to read these off Ral no
no Ben can I do I need to read all the
names I'm good I'm good okay he said so
so um I will now entertain nominations
for the environmental advisory
commissions I will start to the very end
as I always do with council member
caputi and oh sorry there's three
openings so you can name three thank you
I will nominate UT UTA Brady Andrew sha
and Siobhan AR Power no
additional I will nominate Scott
Newell as an
additional no additional no
additional no additional I'll nominate
Judah waxon bomb uh Joshua Sterns did
anybody say Sterns yet I don't think so
and um John
nap move on
raml yes okay very good historic
preservation commission two openings the
historic preservation commission
oversees the development and management
of Scottsdale's historic preservation
program special
qualifications as outlined in our code
each member shall have demonstrated
special interest knowledge and
experience in at least one of the
following building construction history
architecture history real estate
historic preservation law or other
historic preservation related field
Courtney Le's terms expires in November
she is eligible for reappointment and
she has reapplied Peter Hosmer's term
expires in December and is ineligible
for appointment two vacancies five
applicants the applicants are cat
zordich Brandon faden Ryan Hilburn
Courtney L Victoria mat Al start with
council member Janet thank you um Braden
faden and Courtney
LJ um Kat
janovic and Courtney
Lodge no additional no additional no
additional uh no additional Ryan hbin
when I get the nod from you RL I'll move
on okay we're good Library board opening
Library board advises the city council
on General policy relating to the
program services and future development
of the Scottsdale public libraries
George Harts resigned from the board in
October there was one vacancy and one
applicant the applicant is Janice
shimbo council member Littlefield do you
nominate this person I do very good we
move on
lost trust fund board responsible for
recommendations to the city council
regarding the administration of the Lost
trust fund special
qualifications the city council shall
appoint five joint Trustees of whom no
more than one shall be a member of the
city council no more than one trustee
may be a city employee Linda W's uh
Wan's term expired in May and is
ineligible for reappointment one vacancy
one applicant mayor Mark Stevens
very
good McDow Sonoran preserve commission
provides citizen oversight for
acquisition preservation management and
stewardship of the McDow mountain and
related Sonoran Desert for the benefit
of this and future Generations Mark
haar's uh term expired and is ineligible
for reappointment one vacancy and eight
applicants they are Courtney Clifford
Nicholas Hartman puit Leighton Steven
lick B lick Blau Michael pamarco
Elizabeth Reich Reed scoffield and Jeff
varda entertaining nominations I'll
start with council member Whitehead PR
Lon you need two don't you no just one
just one oh just one okay um Nicholas
Hartman no additional no additional no
addition no
additional Michael
pomaro no additional
thank you neighborhood advisory
commission advises and makes
recommendations to Council on policies
plans strategies and programs for the
preservation Improvement and
revitalization of Scottsdale's housing
and neighborhoods Larry hitt's term
expires in December he is eligible for
reappointment and he reapplied one
vacancy three applicants and I will
start they are David Creed Larry huitt
and Marissa Jimenez I will start with
council member Durham Larry huitt no
additional
no additional no additional no
additional no additional no
additional paths and trails
subcommittee advises the Transportation
Commission and provides a public forum
for issues surrounding paths and trails
special
qualifications one Parks and Recreation
commissioner two non-commission members
non-commission members are appointed by
the city council for terms of three
years with a maximum of two terms Kyle
Davis was appointed to the to the
transportation commit in September and
held a citizen representative position
there's one vacancy and three applicants
the applicants are Sarah heck Jack
Roberts Molly
Rosen I'll start with
me I'll go with Molly
Rosen Sarah hack Jake
Robbins and that is
everyone veterans advisory commission
four
openings advises City Council on veteran
programs policies and practices and uh
and serve as a Community Connection
point for veterans and the community in
which they live terms for land Anderson
Mark Ashley Steven Jackson and Joel
stemple expire November land Anderson
Mark Ashley and Steven Jackson Jackson
are eligible for reappointment only Mr
Ashley and Mr Jackson Jackson have
submitted new applications for
consideration one vacancy
that's an that's a typo right there's
four
openings okay four
vacancies 12 applicants the applicants
are Mark Ashley St casares Lynn
Gallagher Robert Gelb Steven Jackson
Marcy Costa Costa Michael Ley Tyler pen
penck Hank sherf Mike's Smotherman Donna
two and Pauline zaro I'll start with
council member kapo
Mark Ashley Steven cesaris Steven
Jackson and Pauline
zaro no
additional uh let's mark Ashley Stephen
Jackson Tyler penchi and Hank
sherf Steven
cesari already nominated
no
additional oh Steven cesaris that's it
just one he was already it was Nom it's
it's up
to Mr I would add Donna
too Hank
sherf Mike Smotherman anybody nominate
Smotherman no I got him on the board for
you Vice very good and council member
capy already
went I got through that fast real
fast this concludes our nomination
process this evening individuals
nominated will be contacted by City
staff with additional
information thank you to all who applied
to serve on a citizen Advisory board or
commission if you were not nominated
your application will remain on file for
one year for consideration at a future
date if there are additional vacancies
and with that I turn it back to the
mayor thank you thank you vice mayor um
before we go on to the regular agenda
items I do want to remind everyone that
per our rules of procedure unauthorized
remarks demonstrations and noise
Applause Etc only delay the meeting so
we ask that everyone adhere to proper
decorum as we proceed there was a
request for um uh item number nine to be
moved move to regular agenda so we will
have the full presentation of item 9
then we'll go to 12 um 13 and uh 14 and
15 thank you mayor and councel um my
name is Kevin Rose I'm the interim Water
Resources Director and what we request
in tonight that was on consent was for
the U intern agreement to share cost for
the feasibility studies and testing of
the 91st Avenue Advanced water
purification facility for direct pable
reuse um as you can see here on the map
uh Phoenix is looking to do a regional
uh plant where we could get water from
them and build it just north of 91st
Avenue which we are't an agreement with
them with the sub Regional operating
group uh the regional facility would
produce Advanced purified water just
like the campus and would be conveyed to
us through the distribution system
through
Phoenix uh this is a regional
opportunity for us multiple cities are
interested and will be entering into
this agreement and this is to advance
the design and construction and the
governance of an operating multi-party
what Phoenix calls awpf Advanced
purification
facility the initial scope is to see the
feasibility which Scotch stale would
have
7.46% of the flows from the uh facility
our cost would be
223,00 for
Scottdale so with that we are at
Scottdale water is asking adopt
resolution
13266 uh approvement contract number 202
24-1 182 between the cities of Phoenix
and Scottdale and other parties to share
the cost and feasibility studies for
testing 91st Avenue water purification
facility and with that be happy to
address any questions you may
have thank you we lead off with uh
councilwoman Whitehead and vice mayor so
I'm very familiar with this facility but
I think um many of our residents or not
uh can you perhaps you can provide some
information to the public about where
our flows go north and how the rest of
our flows go south actually already to
this facility
So currently at the water campus we take
about 14 million gallons a day of
Wastewater to treat and either recharge
in the aqua for or just in the golf
courses uh we are looking into the
capabilities as drought and does impact
us to clean the water up and potentially
send in our water distribution
system uh further south right around in
B Road and south of that we send about 8
million gallons a day to City of Phoenix
91st Avenue wastewater treatment plant
we're in an agreement with them to send
those flows where they take that water
clean it up themselves and reuse it for
poty Nuclear Generating Station for
cooling water they've been doing this
for decades now with drought impacting
not only Scottdale but the whole state
Valley Phoenix has taken the opportunity
to take some of that effluent clean it
up by putting a water treatment plant
similar to what we have at the campus to
clean that water up and put it in a
distribution system and we may have an
opportunity to capture some of that
water as an additional
resource thank you and I you know I just
want to point out because this is such
an area of interest of mine not only are
we recycling water Scottdale water at
this Regional plant but we're also
turning sewer gas into energy I think is
it the largest uh largest such project
in the country are uh with I can't think
of the name of the company that is
turning our sewer gas into energy yes at
91st Avenue and then the company name
slips on mind too it starts with an a
it's but I'm not too
sureco anyway it's so I think that's
just a great example of uh what
interests all of us and that's that in
the old days we called things waste in
the new days we call things resources
and that includes your sewage and your
sewer gas so thank you vice mayor
Graham thank you Kevin um council member
White had just brought up um the
repurpose of sewart does that have
anything to do with this item that we're
talking about today no it does not
okay
um so are we authorizing like about a
quar million dollars here
$223,000 to feasibility study this by SM
gram that is correct okay um and then I
was looking at Schedule E there's a long
list of the very last page of the packet
because we're talking about recycled
water here and so I have questions about
that
um this schedule e that you did you put
that schedule together Schedule
E at the very last page no that would
vice mayor Graham that was put together
by the City of Phoenix as part of the
agreement okay so the so
like next year program management
long-term financial plan half a million
dollars mhm and then the next year $270
million the following year 26 million
the following year a billion a half
million doar is that we would we would
be on we'd be paying if we move forward
we paying about 7.4% of that vice mayor
Graham that is
correct so I think I calculated that
would be all about 200 million dollar
over is all in if we continued all the
way through this vice mayor Graham might
have to calculate myself sorry okay um
have you done a like a cost estimate
like all the money we be putting into
this for recycled water into our
distribution system how much that cost
over 10 years present valued for per
acre foot V Graham that would be part of
the re feasibility to study not only can
see the constructibility but also see
the cost per acre foot of what that
would be how much would it cost for us
just to go off the market or go onto the
market just buy like per acre feet what
would the cost of that be vice mayor
Graham that fluctuates and I don't have
those numbers in front of me
you have any idea why other commit uh
cities haven't joined like Peoria or
anything do you have any knowledge about
that uh vice mayor Graham Poria was
committed initially then they pulled out
for whatever particular reason I you
don't know why no um and then it says we
can we can withdraw any time right vice
mayor Graham that is correct but if we
get in there that year like the year
where there's a billion and a half and
we decide to withdraw that year
we're we're on the hook for all those
costs for that particular
year Vice May Graham not sure I
understand your question I'll try to
answer it so with this agreement once we
go forward we pay through things and if
we decide at at the end for whatever
reason we decide to pull out whatever
cost we've already put into it that's
for us to Bear any future cost we do not
bear thank you
Kevin okay um councilwoman Whitehead
then but I do want to point out that uh
I will open a public comment there is no
public comment on this issue therefore I
will close public comment uh
councilwoman white add and I I also have
thank you yeah stay up there Kevin and I
appreciate vice mayor Graham's questions
we're the uh what is the cost of doing
it I am the what is the cost of not
doing it and so we know that we're
facing up to 30% water Cuts so I do
think it's helpful and I know that
Gretchen brings us regular uh
presentations and I think that's what we
have to look at is the cost of water
passed while we all liked it is gone and
the cost of water future and the
availability of water is what is at
stake but it is important for all of us
to or for the public to have information
on these projections
so obviously for 22 years we have
operated a plant that now Phoenix wants
to copy and we're glad because in water
you don't want to win you want everybody
to win because that's how it's going to
save us all so I do think that perhaps
additional information for vice mayor
Graham and for the public just on uh we
and again I just cannot stress enough
our sewage is already flowing to this
plant our sewage is going there because
we don't have the pumping capacity to
get it up to our plant so I just want to
bring up that there's the cost of not
doing it too and perhaps additional
information in an upcoming presentation
would be helpful to this Council and
also to the public thank
you okay um thank you you know Scott
sale water has the most advanced U water
purification technology uh other cities
are looking at our lead I'm talking
about what we have already at uh uh the
um plant just north of 101 uh so this is
an a an effort for regional Partners to
catch up with Scottdale and uh the
design and Engineering uh we have proof
of concept with our plant we know that
it can work at the same time they're
looking looking at upgrades uh to those
to their plant the cost of uh actually
billing the plant will probably they'll
probably have to go to some Bond some
federal funding probably to make that
happen because it's way Beyond any
City's um uh ability except us we got it
done we got it done early and we paid
for it ourselves with our own balance so
it's another um opportunity to open up a
water resource that otherwise would be
just purged down uh Hill uh we have
councilwoman janic councilwoman
Littlefield and then council member
Durham thank you go ahead um thank you
mayor thank you Kevin um could you give
me an example of what the actual testing
would be I understand on the feasibility
studies you'll be looking at cost per
acre foot Etc just what is involved in
the testing
aspect uh councilwoman so the testing
aspect would be testing the current
water quality coming out of the effluent
and also the water in the um for
disposal of the braine so how they would
dispose of it and where would they
dispose of it too okay and then thank
you and one other question is um well a
comment when you do when you present
this data make sure that you have the
market cost to of the purchase of an
acre foot with the variation Plus plus
minus I think that would be good
comparative information and uh with that
I would like to make a motion to adopt
resolution number
13266 to authorize agreement number
20241 182
Coos and the Water Resource executive
director designed to perform all act
necessary to give effective to their
cost share agreement and resolution
second we have a motion a second we have
councilwoman Littlefield wishing to
speak and then we'll vote on the
motion thank you thank you mayor uh I
just would like to say I agree with the
comments that uh councilwoman Whitehead
said we need to however keep up to dat
on what's Happening and what's going
forward not only for this Council but
for our citizens as well and so I would
like to request um that you present to
us on a regular basis updates on how
this is going what the problems are what
the good things are and let everybody
know so that we can feel comfortable
with this thank
you thank you we have a motion in a
second please record your
vote um the eyes carry six uh with um
count vice mayor Graham dissenting so it
carries six to
one thank you next we will move on to
item number 12 in our regular agenda
known as marato Village it's a minor
General plan Amendment and rezoning the
case is number one
gp-20 24 and 1zn
2024 uh staff PR presenter is Jeff
Barnes uh hello good to see you thanks
good evening uh mayor Ortega vice mayor
Graham uh members of the city council
I'm Jeff Barnes with the city's planning
department um um I'd like to start out
uh the the applicant had submitted um a
request for continuance earlier today
and before I get into my presentation I
wanted to check with you and see would
you like to hear from the applicant on
that discuss that at all before I get
too far um I think we have uh to have a
motion to continue before we discuss
that because we it's not on the agenda
so we can have a motion in a second and
then have the applicant speak whether it
carries or not we would we would know uh
so I um out of curtesy I'll make the
motion to consider the applicant's uh
continuance second second thank you we
have Motion in a second at this point
point of order point of order do you
want to put a date uh no no this is only
a continuous discussion and we would
need to discuss that with thank you
thank you uh you could ask for a point
of clarification too that would help
thank you okay so at this point I would
um uh ask the applicant to come forward
and the topic is the uh continuance and
uh there may be people here wishing to
speak I know we did receive some emails
regarding a continuance but uh it is now
being heard uh directly thank you mayor
members of the city council Kurt Jones
with Chan emboss we're at 2525 East
Camelback Road in Phoenix 85016 here
tonight representing the Caliber Company
um the request for continuance uh I
think it stems back to a meeting that we
had back in April where a a a citizen
group called I think it was protect
Scottsdale invited us uh to visit with
them at the uh Scottsdale Ranch Senior
Center so we visited with them went
through our application and what was
interesting about that meeting was there
was not a lot of people in favor of the
project at that meeting it was more of
an information gathering but I think
there was a consensus at the time where
someone just spoke up and said hey if
you just make this for sale um
Condominiums we'll be in favor of it and
I think the rest of the crowd just kind
of said yeah that's that's a great idea
why aren't you going to do that and so
we took it back under consideration and
we left that meeting we talked about it
but we moved the case forward as as is
we received a um a numerous amount of
emails uh this early yesterday um from
what what came to the city council uh I
guess over the weekend in past week or
so uh some of those emails have the same
Echo the same comments with regards to a
for sale what we'd like to do is request
a continuance this evening to uh your
December 4th hearing uh give us time to
um potentially put a deed restriction on
the property uh to allow it only for a
for sale type residential use uh talk to
those group uh those stakeholders that
that discussed that with us and our
Outreach throughout this process and
then come back to you on the fourth with
sort of a resolution to that issue so
with that we're asking for a continuance
December 4th and greatly appreciate that
request okay are there any questions by
Council if not I will move to public
comment public comment is is confined to
the question of a continuance U we're
not speaking on the details of the
project itself uh the um um dates
suggested was uh December 5th is that an
optional day
uh mayor I believe it was December 4th
so I well I wanted to hear it correct
thank you so it is a scheduled meeting
date it is a scheduled meeting date um
was there also an optional day uh
possible for the council or not uh there
is M December 5th is an optional meeting
date as well so we would just be looking
at the calendar and seeing how many uh
uh agenda items may fit I I'm just
trying to give you some space here to
yeah mayor um and I believe planning
staff may be able to speak better to
this but uh if the council were to
continue I think they need to continue
to a date certain tonight uh so that the
planning staff can advertise but I don't
want to speak for them if uh I don't
know
Greg or I'm sorry who's oh Jeff I'm
sorry Jeff is that right um let's get a
clarification from City attorney on
please go ahead yes that's correct since
it's such a short turnaround we would
need a motion to a date certain because
we wouldn't have um time to have the
applicant Reen
notice um go through all those
notification procedures prior to the
December
meetings so a motion to a date certain
would be
required okay uh the the request is for
uh December 4th does that makes sense uh
uh of 2025 or oh this year 2024 is that
correct okay so we have a motion I had
just to be clear I did uh open up for
public
comment and therefore I close public
comment yeah mayor I I so we have a
number of individuals signed up for
public comment I I don't know if any of
them want to just speak to the
continuance request I I apologize that's
true we have the original uh case
uh uh which was uh listed as agenda item
uh number 12 and um there are several
speakers here who intended to speak for
the record um on this case uh if any of
them would like to speak on the
continuance please advise
now seeing
none um now just mayor there's one here
excuse me one person I'm sorry really
yeah uh please state your name come
forward and uh speak to the the motion
for continuance as
requested good evening mayor Ortega and
council members I'm Dr Bob Seager got
address a
record uh the Vietnam presentation
brought back memories because this week
is 50 years exactly from when I moved to
Scottsdale after I separated from the
Air Force in the Vietnam Pacific theater
and I treated the uh PWS after they got
released from
Hanoi uh so on to the uh issue here I
want to say how many iterations of
multi-story multifamily AA Apartments
does caliber development have to present
to our city before they realize this is
a death by
overdose each new iteration is termed a
new project quote unquote thus rendering
all previous citizen voters
communication against approval past
history and in the shredder and there's
been a lot of opposition to this the
lifeblood citizen voters of Scottdale
are absolutely sick and tired of
apartments and this came through a
significant exclamation with the results
of our no November 5th
election I propose that caliber or
another company design a quality
one-story single family housing
development in a gated HOA community
that will greatly enhance the appearance
of this area and generate High property
taxes the new mindset is housing
ownership not
rentals I do want a development there
but I want
ownership do you lame duck mayor and
council members now want to listen and
understand that our scottd voters want
you to firmly reject this project by
just saying
no and at minimum pass it on on to
January with a new uh slate of Mayor and
council members thank
you thank you sir um do we have
another speaker wishes to speak on the
continuance the motion to
continue seeing none therefore I will
close excuse me is there a hand up in
the oh someone's waving to but
stretching now just he's bidding back
there raised his hand by and anyway uh
so seeing none we will there a close
public comment at this point I have
councilwoman Littlefield wishing to
speak uh again on the continuous motion
go ahead yes I just uh had a question
actually for our city clerk does it make
a difference on the uh agendas for
either of those two nights um that we
currently have for which one would be
more appropriate to put this on it's a
good question yeah uh thank you
councilman Littlefield
uh actually the uh December 3rd and
December 4th agenda already quite busy
um so we uh may need to move some other
items around uh but whatever date you
all settle on for this item we will make
sure it's on that date okay so it's
basically the same for either one either
one and and then we do have the optional
date as well that will be looking at but
we need to talk to you all individually
to make sure you can make the optional
meeting date all right thank you thank
you councilman white D yeah I have a
question for staff because this is a
quick turnaround and it is a big change
in this project I I'm just wondering I
guess from the applicant and the staff
um
when a change from uh you know
Apartments to for sale condos it seems
like it changes possibly the size the
shape it it seems like it makes a lot of
changes is that realistic from both the
applicant and staff to turn it around uh
for December 5th it sounds like we're
settling on December 5th mayor and
councilman Whitehead that's a great
question um with the
request uh to keep this all for sale use
is the development plan doesn't change
at all site plan doesn't change the
elevations may change a little bit for
some more floor to ceiling height um
space for the uh units
but everything stays within the um
development
plan uh and what's un unique about our
case is it's a PUD but we have no
amended development standards and the
case would stay the same no amended
development standards with the request
for for sale
only okay thank you staff have anything
to say about
that mayor and councilwoman whitee head
uh if if if that's uh the case we are
not anticipating ating that it will
alter the development plan either uh and
uh so as long as it can all fit within
the parameters uh we're not anticipating
complications in the turnaround time uh
as the materials would be relatively
reflective of of what they're still
proposing okay thank
you okay any other councilman uh wishing
to speak seeing none at this point we
have a motion for a continuance to
December
4th 4th
4th December 4th excuse me did we have
another public
comment uh sir please step forward State
your your uh place of residence and you
have three minutes sir on the
continuance alone the question yes sir
go ahead
my name is John Nichols I'm a 30 come up
to the there you I'm a 34 year resident
of Scottsdale and active in the public
in the public confence I live at 10450
East Desert Gove Avenue in
Scottdale the marado uh property
proposed to be up Zone to mixed used
neighborhoods has been before this
Council a number of times
and subject to very vigorous public
opposition the building that would be
demolished to allow the building of
these new
residences is a grade A commercial
property my wife is a CPA and she worked
in that building for many years when it
was leased by
PCS the proposal to up Zone this to mix
use neighborhoods would permit the
current building to be demolished to put
in a large number of apartments the
makado issue has been reviewed by this
Council was subjected to Major vocal
citizen opposition the most persuasive
argument against this is the traffic
issue on
Shay Shay most hours is jammed with
heavy traffic blocking Westbound and
eastbound traffic to include
ambulances coming off the 101 to bring
critical PR patients to the ER at the
hospital changing this to make miuse
neighborhoods puts these patients at
serious risk permitting this property be
changed to mixed use
neighborhoods would be a windfall
financially for the developer and runs
contrary to the public opposition
against development this public
opposition figured significantly in a
recent mayor and Council election I
strongly recommend that the council turn
down this upzone request thank you thank
you sir and for clarity you could leave
your um memo with
clerk now I close public comment once
more um we have a motion thank you sir
sit down thank you sir uh we have a u
Motion in a second uh please record your
vote mayor I apologize can you note the
date on uh well uh for December 4th okay
fantastic thank you
right so the uh motion carries for a
continuance to December 4th uh 6 to one
councilman shanik um votes uh no next we
will move on to U item number
13 item number 133 is the uh Paloma
conditional use permit case number seven
up
2023 uh staff preventor presenter is
Greg
Bloomberg and we also have the applicant
of course standing by
uh thank you mayor Ortega and members of
council Greg Bloomberg with current
planning here to give you an
introductory presentation for the Paloma
conditional use permit 7 Up
2023 as you mentioned that'll be
followed up by a presentation from the
applicant
team it's hard to see on this particular
graphic but the site is located on
saddlebag Drive south of Camelback Road
in the Entertainment District
sorry about that uh here's a is this
better okay uh here's a close-up look at
the at the site this is a little bit of
an outdated uh area there's actually a
new building under construction at this
location that would house this uh
establishment when is
completed so let me do a brief summary
here for you this is a request for a bar
conditional use permit for building
under construction ction uh The
Establishment would operate as a hybrid
which we have several of in the city uh
restaurant by day and turn in sort of
convert transition to a bar at night uh
there is noise mitigation
provided uh and that is a result of some
of discussions at the development review
board hearing actually and I'll get into
those in just a moment uh there are 17
remote parking spaces proposed all of
those are uh available verified by staff
and they meet the uh ordinance criteria
for remote parking and there was public
comment
received so again this is kind of hard
to read but it's a two-level facility
the ground floor is primarily in door
space and then on the second floor uh
you have a balcony a very large balcony
uh for patrons to uh sit and
enjoy so at the 109 2024 Planning
Commission hearing this the main reason
this is on the Reg agenda there was a
lengthy discussion uh regarding noise
mitigation that was uh instigated by the
public speaker and there was quite a bit
of discussion and and as a result of
that discussion two additional steps
were recommended by the stipulations
were recommended by the Planning
Commission one was for a minimum 42in
High plexiglass barrier along the
perimeter of the second floor balcony
and the other was to uh for the owner to
utilize a compressor or limiter to cap
noise at ambient levels for the
surrounding area I had no idea what a
compressor or a limiter was so I Googled
it myself and they are basically what
they uh claim to do and they are devices
that can actually cap noise levels uh so
that would have to be implemented as
part of this uh cup approval and after
all that discussion uh there was a
recommendation of approval that passed
uh five to one with the additional
steps and then just a real brief uh the
applicant again into some of the noise
mitigation measures in a little more
detail but I wanted to show you uh the
details that were provided for the
development review board hearing because
again there was discussion about that
and the applicant was challenged with
providing some architectural design
measures to deal with uh noise
mitigation and um the one I probably
just want to focus on is probably that
lower left image there that shows a
pretty much a solid wall that would
deflect some of that noise back in
towards the
establishment um this graphic up here on
the upper left shows you what was
approved for the Scottdale collection
zoning case the only reason why that's
on there is to show you that there could
very well be a building at 96 ft in
height eventually built on that site uh
if that was to happen that would
obviously mitigate some of the noise uh
concerns as well
so that completes uh staff's
presentation unless there are immediate
questions for me I will turn it over to
the applicant for their presentation
sure uh at this point I see a council
member Durham wishes to speak but I also
want to clarify I do not see any uh
requests to speak from the public so uh
unless someone else comes forward I will
open and close public comment at this
point council member Durham and
councilman caputi uh have some questions
and of course will go to the applicant
for their
presentation council member J thank you
mayor I had a question about this
compressor limiter thing because I've
never heard that and it sounds like
you've done some research on it so if
you could elaborate a little bit about
what that is and how it would work I
would appreciate that uh mayor Ortega
and and council member Durham I
basically just looked it up to see what
it was I didn't get a lot of details
about what it's what it actually does I
would probably do is let the applicant
kind of explain that and give you some
more details about it yeah that would
probably be a good
idea okay councilwoman
caputi Greg just real quick this uh
project has already done some pretty
extensive Renovations they're so far
down the path how do why do we do it
like that why do we let someone get so
invested in a project and then say Oh by
the way now you have to apply for a cu
always wondered that seems a little
backward and and a weird position to put
an applicant in yeah mayor Ortega and
councilman caputi it is kind of a fine
line uh that we have to walk in these
situations uh we can't really prevent a
building from going through a design
process based on land use because the
devel review board has no say in land
use so if they want to go through the
development review board process and get
the design for their building approv
approved and P permits to start
construction they understand that they
still have to get approval of a
conditional use permit for the land use
itself so it's it may seem a little
backwards but that's the way the Dr
process works they can't say anything to
me that seems really strange they want
to serve food and beverage and now they
you know here they are with almost a
beautiful product and coming back to us
saying now can we actually do what we've
prepared for your city just seems odd to
me understood that's all thanks thank
you we'll move on to the applicant
thank thank you mayor members of council
Ashley Marsh gamage and Burnham 40 North
Central for your records um to address
council member Durham's question first
if if I may um a noise limiter uh
compressor um is attached to DJ
equipment and it regulates um the noise
such to that of the ambient noise
condition so it limits any type of uh
noise that exceeds the ambient I had to
do some homework as well um but that
piece of equipment attaches itself to
the DJ equipment and as part of our cup
application um so if there's additional
questions happy to address those um but
that's kind of the the gist of what the
noise limiter is it's a piece of a of of
audio equipment that gets um put into
the the DJ
system thank you that that helps thank
you very much I'll be very brief and our
presentation um this is for the Paloma
and I'm very excited to be here with jot
Concepts and we've got our whole
development team here including Ryan
jock principal Nicholas sabraski senior
planning planner Ry uh v vagle um our
architect and art um Tony Sola a sound
engineer who we required but again I
started this saying I'm very proud to be
here with Ryan and with Jo Concepts they
are a great historic um veteran uh
restaurant entrepreneur in Scottdale
they're proud owners and operators and
great corporate citizens of Diego pops
hot chick mon talk pretty pleased Lounge
uh Ryan and his wife Caitlyn founded a
chop shop and I live in the desert ridge
area now so I'm trying desperately to
get them to open one there um but just
great great Scottsdale corporate
citizens uh Greg shared a little bit of
our context um and just want to put into
to more context that this is for a New
Concept for Doc uh called Paloma it's
immediately next to the riot house and
just south of camelback um with
winfields and pretty pleas across the
street
um we did spend quite a bit of time in
drb um let me back up just one second
this is the old building that you'll see
this was vacant for about 10 years
office property where the new Paloma
site will sit um Paloma will be a
forward food forward concept with
restaurant and bar component and that
bar component is just really because as
the night goes on the liquor to alcohol
excuse me the liquor to food ratio sales
change but very much a restaurant in our
entertainment District Greg went over
that last picture so I won't go over
into too much detail um but in addition
to the buffering um that you would see
um there's also in design reviewed the
saddle which would go over the RightWay
uh the development proposal is to allow
that bar addition to the restaurant so
again food forward Mediterranean
inspired menu uh we are seeking that bar
cup because as a night goes on again
that liquor to food sales just changes
naturally um as the night progresses um
the zoning is in place and it is
currently under construction which will
show um
5600t patio 34 bilding height 34 spaces
required and 34 parking spaces provided
so as Greg mentioned we do meet the
parking requirements um this is where we
spent a lot of time the last year or two
is talking about these elevations and
any noise mitigation uh so this is the
building that was approved in drb um
about two years ago now and as you can
see it is very Lush very heavily
landscaped landscaped area there are
some open penetrations on the western
perimeter which would go um through
Saddleback Trail um but the north side
is where we spent a lot of time and made
a lot of improvements from drb to now so
you'll see on that North elevation um
there's 20 foot uh wall and the
entitlement for that building is up to
96 ft um you'll see here the metal L
metal lattice and that is in two areas
in this open air concept um part of what
came out of drb is I gosh this is a
great looking building but we really are
have a little bit of concern about what
that Northern perimeter looks like so
following that drb and um r or Artic
probably hates this picture because I
changed his pretty rendering um but Ryan
and his team went ahead and enclosed
those metal lattice areas and provided
additional screening on that North
perimeter so it's basically closed in
where you would be concerned about any
of that sound mitigation um as we
mentioned we are uh well along into
construction now and you see those
improvements along that Northern forade
that metal lattice is screened in with
block wall which you'll see the Northern
perimeter was extended here and from our
um Planning Commission last month we've
added additional stipulations the sound
limiter um as well as adding plexiglass
around that second floor patio um to go
ahead and and address any uh sound
mitigation
so again this is a uh restaurant with a
bar component in our Oldtown area we've
since worked um with that individual who
who has expressed concerns at our
Planning Commission we believe these
stipulations from Planning Commission um
go ahead and address his concerns we
have full staff approval we have drb
approval and we sure would like city
council approval uh to bring this uh
restaurant and bar to the Oldtown area
um so with that I'll keep it brief and
I'm just happy to address any of your
questions
thank you I see vice mayor Graham
wishing to
speak thank you mayor what was this pH
facility operating as
before uh vice mayor Graham it was an
office building and my understanding has
been vacant for quite some time it's
that white building you see
there um so why did they I guess I'm
just curious maybe maybe you don't know
the answer but why were why why were all
these Investments and you know
construction costs
invested before
the permit was
granted vice mayor uh Graham thank you
for that for that question um it is a
restaurant with a bar component and we
are asking now for the cup um in full
anticipation of that just change in the
evening hours when um alcohol sales do
an an uptick um we're again gone through
the process um we did have some back and
forth of when to bring the cup and there
was some confusion in that process of
when to do that if the public safety
plan needed to be approved first or the
cup needed to go first there was a
little bit of a change in process so um
it was delayed in our cup application
the PSP has been approved and now our
cup is here so they went ahead with the
investment sort of at risk assuming or
hoping that they would everything would
work out uh vice mayor Graham um not so
much at at risk um but you're right you
know their timing is a little off and
that was from confusion on when the
public safety plan needed to be in place
what um in that facility um there's a
lot of other you know bars and nightlife
what what what what would you say would
it would be most similar to in that
facility as as far as what people would
think about um
Paloma vice mayor thank you for that
question this is intended to be a food
forward restaurant uh with again that
bar component so I don't know if there's
a comparable because it is more
restaurant than nightclub and you see a
lot of nightclubs here there's no live
entertainment there's no Liquor Bar you
know uh service like you you might have
so it's more of a restaurant than
anything else in that area in your
opinion would anybody because you're
talking about what the way people
perceive it um would you say any
facility any any uh facilities in that
area people would perceive as a
restaurant uh vice mayor I would
anticipate these are more nightclubs um
our proposal is to operate more like the
Diego pops and mon talk similar to jock
Concepts other okay so you're going to
be the first um restaurant there there's
plenty of restaurants uh vice mayor I
just say that this is intended to be an
elevated experience a more food forward
experience um and this uh question for
Greg Bloomberg um you said 17 remote
parking spots were
secured where are they where are do you
have a do you have a some sort of
pictoral representation on where those
are
secured can you go ahead and switch back
to my presentation
and is that a 247 security parking lot
security or is that during certain
hours uh mayor Orga and uh and uh
councilman Graham that's only during the
hours after 5:00 P PM when it when it
becomes a bar so that so it's it's
dependent on operational hours correct
so forgive my uh lack of technical
expertise on this but um the pink is the
location of the of the actual
establishment and the red areas are the
locations of the remote
parking uh they are all within 600 ft of
the establishment as required by
ordinance and there is direct safe
continuous pedestrian connectivity from
each of these locations to The
Establishment this is a a rather long
walk but there is a a direct safe
continuous pedestrian connection so it
meets the ordinance requirements do you
um have you reviewed those uh you said
the parking spots were secured have you
reviewed the
agreements uh mayor Ortega and uh
councilman Graham yes we reviewed them
for accuracy and also for availability
okay how long is the term uh typically
five years okay um did you review did
you double check that those spots had
not been rented to other uh
tenants councilman Ortega or I'm sorry
mayor Orga and councilman Graham uh yes
we always make sure that they're not uh
being double dipped so to speak very
good and leased to somebody else um I
want to ask you about this noise limiter
the noise limiter um it's in the cup so
we're conditionalizing it and but you
said you really didn't know much about
it is that right personally that's
correct I don't know too much about it
if you don't know much about it um how
do you know it
works I would defer to the applicant to
answer that question but we're we're
we're kind of enforcing or
double-checking
right so I'm just curious have we put
that uh condition on any other cups in
the area or in
Scottdale councilman Graham it's the
first time it's come up for a
conditional use permit uh for a bar um
we they did have a noise engineer that
uh brought that up at the Planning
Commission hearing so the planning
Commissioners or the commission decided
to include that as a
stipulation so it's the first one in the
city right that I'm aware of uh there
may be somebody using one that we're not
aware of but this is the first time it's
been stipulated in bar
cup how would you and how would you
check that it was
working councilman Graham we would
probably once it's installed we would
probably have Police Department Andor
code enforcement um go out there and and
do some measurements if necessary to see
if it's doing its job and see if it's
working those are all my question
questions for now thanks Greg sure thank
you
mayor okay thank you um did you have any
other response from the applicant okay
no thank you mayor sure you know at at
this point um this project um has gone
through the drb process and um you know
the question is kind of puzzling why did
they why did they build it before they
got the you use uh permit and it's very
simple you know every season if you miss
Christmas and you're a retailer and you
miss that season you you you're short
about 35 40% of your profit so they're
probably going to be pushing immediately
to finish it off right and gain That
season if you lose it you'll never catch
up you know from from May to August so
that makes very good business sense uh
at this point I'm open to a motion in a
second
uh councilwoman
Janik sorry I'd like to make a motion to
approve Paloma conditional use permit 7
Up 2023 second we have a motion a second
seeing no further discussion please
record your
vote okay the motion carries 6 to one uh
with uh vice mayor
descenting next we will move to the
mayor can I just clarify for the record
sorry Sher Scott City attorney uh that
that motion included adopting resolution
number
13245 I just want to clarify that for
the
record
yes thank you that is confirmed um with
the maker of the motion and next we will
move on to item number 14 item number 14
is regarding the Scott Resort parking
reduction request case number four Dr
2024 uh Greg Bloomberg stay where you
are oh you're you're presenting this one
as well thank you uh thank you mayor
orta council members uh as you mentioned
uh Greg Bloomberg here to present uh
give you an opening presentation for the
Scott Resort parking reduction which is
related to case 4D
2024 uh there will be an applicant
presentation to follow
so the site is located at the southeast
corner of Scottdale Road in
chaparal uh to the north is another
Resort I think it's called still called
chapperal
Suites uh then to the East and to the
South is some Residential
Properties closer look at the site just
for your
context so this is the site plan for the
proposed expansion just so I could show
you what we're talking about this is
where the conference room expansion
would
occur the rest of the property all the
rest of this area is existing so this is
the only location that is changing uh
for in terms of the floor
plan so some background on this uh
location the site has been uh a resort
or hotel for over 60 years uh many many
operators over the years uh there is an
accompanying drb development review
board uh request to add the uh
conference expansion which includes a
4,118 SQ foot roof deck again that's
presently going through a view and has
not gone to a hearing
yet uh the conference expansion uh
further strengthens the resort Corridor
as designated by the general plan so
that's certainly a
positive uh the request because this the
only reason or the main reason this is
before you is because the request is for
uh reduction greater than
10% uh the applicant proposes a
reduction of 58% of the ordinance
required
parking uh and they did provide a
parking master plan for justification
and that should be included in your
report your
packet uh some additional background and
uh information there's no documented
history of parking issues caused by this
Resort we've had no evidence that
there's been uh concerns about uh cars
parking in neighborhoods or on Street or
anything of that
nature um but there is the potential if
this Resort uh is successful for
overflow impacts on surrounding
residential and uh the hotel to the
north uh and there is a lack of reliable
or convenience source of overflow
parking that meets the ordinance
location
requirements and there's no on street
parking available at this location so
overflow parking is is a general concern
so far there have been three reductions
for uh parking reductions for hotels and
resorts approved to date uh one was for
the DC hotel which is now known as senah
house it's at the southeast corner of I
believe it's 75th in Camelback uh that
was a 37% reduction and then there's the
canopy by Hilton which is over on second
and Marshall I believe uh that was a 27%
reduction and then just recently the gy
ranch uh Hilton came came in uh for a
reduction and that was
177% and the applicant is proposing as I
mentioned a 58%
reduction so a couple of the major uh
changes that I wanted to point out that
um uh resulted in this request the
applicant's uh parking master plan uh
recommends a parking there let me just
go through this line by line uh for the
hotel rooms themselves the standard
ordinance requirement is one space per
room and there's 204 rooms so that would
normally be 204
spaces uh the proposed parking ratio and
the parking master plan is 0 28 spaces
per room or 58
spaces and then for the conference uh
square footage the there's going to be
26
20677 square feet total with the
expansion I believe that's the right
number and that would normally require
one space for every 50 square feet of
floor area or 373 space
and they are proposing in their parking
master plan to not provide any parking
for their conference
facilities so that concludes my
presentation staff's presentation uh if
there's any questions for me I'll answer
them otherwise I'll turn it over to the
applicant sure at this point we'll move
on to the applicant then we also have
several uh speakers uh who wish to U
comment thank you um if you can put up
my presentation that would be great
mayor and vice mayor members of the
council for your record I'm Jordan rose
with rose Law Group and with me today is
Mike padulla the president of Grossman
companies and Jake gray the EVP at
Grossman companies along with um Paul
basa our traffic engineer from Summit
Management and Amber knp from Rose Law
Group oh thanks for getting that
presentation started I will note that um
we we very much appreciate uh Greg and
your staff working with us and we also
appreciate all of you and your input
particularly mayor take I think some of
the design elements that we talked about
very early on I think almost a year ago
they Incorporated and we're very
grateful for
that thank you I'm just going to go
through this kind of quickly and then
I'll take any questions um but
essentially we've got um great existing
event space Grossman companies has been
here in the valley in the Market
operating hotels for over 60 years this
hotel particularly has been there for 60
years operating um they want to do this
new event space in order to keep up with
the market um in order to allow for all
of their hotel rooms to always be
occupied because really they're
marketing towards tourists who have
conferences in their Resort and
interestingly enough in this particular
Resort because of the location near
downtown um they really don't have very
much um very many people who bring their
cars and I'll show you that in a second
but but just to show you the
architectural details very consistent
with what the Scott looks like today um
an enhanced um area in the front for
this new Conference Center so under the
current ordinance right today the Scott
is underp parked by
40% but there are always between 106 and
246 open parking spaces and when I saw
Greg's presentation come up and he
flashed the aerial you could see it was
just completely empty parking and that's
a normal thing here at the Scott and
I'll show you that um not because
they're not busy but because people
don't drive cars there they take um
other sources of transportation and
interestingly enough and I know you're
all very aware the council passed this
parking ordinance that allows for
council discretion on parking variations
because you wanted as I understand it to
see these things on a Case by case basis
because they're all different and this
one is very different and we appreciate
that you're taking that descrip tonight
to look at this so this has been
operating for 60 years they know their
business they want to just stay
competitive they're not adding rooms or
anything like that and so I'll just take
you through the parking currently would
require three parking spaces per one
guest in this hotel and that's some
troubling for this particular Hotel
because the that would require the Scott
to have 482 parking spaces and they
currently have
292 9 6 parking spaces so if they wanted
to comply today they would have to take
out their conference center that they
have and reduce it to 5,000 square F
feet or take out the hotel rooms and
reduce those to 18 rooms I mean that's
ludicrous obviously that's not happening
but I just to tell you the scope of how
this this would not work um I wanted to
show you that so under the code we would
be required 632 spaces we're going to
provide we're proposing to provide
264 spaces and an actual need in our
study shows is only 140 spaces so that's
58% fewer but it's 89% more than what
they actually need and that's based on
60 years of operation so something to
note is that this is not a speculation
this is not a a Something That We're
guessing at in any way they've been
owners and operators and they know that
this is in fact what's going to occur so
the request um is the actual spaces that
are required is 140 but we're asking to
provide
264 and then I wanted to note because we
looked at our we we started looking at
these cars you can see they're circled
in yellow there's about 15 to 50 every
single day and they're not parked near
hotel rooms and so um the management did
a little tracking and it turns out that
these folks are from adjacent condos
because we don't have because we have so
much empty parking other people are
parking in our spots which is fine but
those were also included in our hotel
counts so um uh we then wanted to go out
over the LA last couple weeks and just
see real time what this looked like just
to make sure that we you know the the
counts that we got last year were still
accurate so you can see on Tuesday
October 24th the hotel occupancy was
almost as high as you can get
98.5% and the spaces were only 43% full
so he's still very empty then we go to
the next day we have again now it's a
60% occupancy and you've got 60% of the
spaces empty again 60% occupancy now you
got 70% of the spaces empty the next day
about 70% occupancy only 23% 34% full um
the next day
57% 80% of the spaces are unoccupied and
I can keep going on this and going and
you can see this is very consistent we
flew drones by the way three times a day
every day for the last two weeks ambered
it so um she she knows how to fly a
drone um in any case I'll show you some
of the more full the days that they were
really full here 80% occupancy and only
27% at the peak were full so there were
230 open spaces at one point in time and
then you have 99% occupany
and yet there's 234 spaces empty so um
full
occupancy we have 212 spaces empty and
then 98% occupancy only 35% full and
we'll just skip through some of these
because I think you get the picture it's
not really full and I'm sure you've all
driven by there to confirm this but um
you know just a few days ago it was only
20% full so the other important thing I
think we don't know of any neighbor
opposition in fact we have neighbors I I
hear we have neighbors that we don't
even know that are here in support and
we I know we had neighbors submit
letters to the packet in support and I
think that's because they've been a good
neighbor they put millions of dollars
into the property and they're going to
continue to improve the property um
they're already underp parked based on
the current ordinance but yet they have
106 to 249 open parking spaces every day
even when they're completely occupied so
they're proven operator they're a
Scottsdale based company their parking
lot is currently 2third empty they're
located downtown it is a special
circumstance of all special
circumstances people are attracted to
walkability at this site and that's
really a testament to what you all have
built here in Scottsdale and they don't
need more unused asphalt and I don't
know that the that the city does either
so um thank you for supporting longtime
business and I would a answer any
questions or save um any comments till
after uh the speakers talk
thank you um thank you at this point we
will go to public comment and then uh
return with any Council questions you
would have an opportunity to answer any
public comment questions so um I I show
uh for item number 14 that there are um
numerous speakers who wish to come
forward uh you would please uh State
your place of residence you have three
minutes you'll see the um counter there
we have uh Brent uh beaser and James
Hawkins then Mark
Winkleman
hello thank you mayor and city council
my name is Brent beaser I live at 7317
East Vista Drive so I'm just about a
block or block and a half north of this
project um uh we've lived in the lived
actually in our home for 28 years and we
frequently visit the Scott Hotel
actually it was fire sky before but it's
the Scott now the ownership's been there
for about eight years and they've done a
beautiful job in their Renovations and
upgrading to the property over the
several years that they've had the
property actually in 16 days we're
having our Thanksgiving um family party
there and um I we've been very pleased
with it whenever I go there to park it's
no problem I park in the parking lot
right at the front very easy to go in
there you know we're visiting the place
with we've had you know my niece's
wedding we've had you know celebrations
of Life we've had some wonderful events
there and never had anything other than
just a wonderful experience from the
parking lot all the way through the
whole property so um I think it's
important that we keep a a special Jewel
like this as a competitive in the you
know competitive with its you know
competitors as far as the offerings of
uh space for uh conferences and for
enjoyment and I would respectfully ask
that you support this project thank you
very much thank you next we have James
Hawkins then Mark Winkleman Jake
gray howdy my name's uh Jimmy Hawkins I
live at 9776 EA
Drive uh I've grown up in Scottdale um
and I'm here to support the Scott's
request for the parking reduction the
Scott especially The Canal Club is the
backdrop for many of my best memories in
the valley I've celebrated birthdays GR
graduations and other life events here
and it's where my friends and I go to
hang out supporting this property means
a lot to me
personally the report shows that the
Scott only uses about 35% of their
current parking which makes sense I
never drive there I always use ride
shair and so do my friends and family
who stay at the hotel or visit The Canal
Club the current parking requirement
feels too stringent for such an urban
environment in Scottdale this reduction
requests aligns similar similarly um
with other successful requests like the
canopy Hilton in the CER house down the
road supporting this reduction will help
the Scott stay competitive with nearby
hotels which is essential for the
longevity and success of the unique
Scottsdale
establishment personally I'd love to see
my city support local soft branded
hotels just as much as they support
large franchise hotels approving this
reduction supports a beloved local
business preserves old Town's character
by backing a hotel that's been here for
60 years and gives my friends and me
confidence that our local spot will
continue to be successful in a
competitive Hospitality environment
thank
you Mark Winkleman Jake gray and David
Hamlin mayor vice mayor council members
pleasure to be here Mark Winkleman I
live at Optima camel viiew directly
across the street from the uh Scott I've
lived there for 13 years so I've seen it
for uh quite a while and prior to the
current ownership um it is a um I'd say
a jewel of Scottsdale it's one of the
last oldtime hotels that you know used
to go up and down Scottdale Road and uh
I think it's worth pres preserving now I
live across the street my significant
other and I walk by it next to it
sometimes through it on a regular basis
We Dine there uh it's in our our
rotation of restaurants in the
neighborhood I can highly recommend the
breakfast pizza if you're there on uh
for Sunday brunch um so we know it very
well not once have I ever walked through
there or buy it and seen anything close
to a parking issue that parking lot is
well as was said earlier it's rarely
used or it's
underused um it looks to me like it was
built back when it was probably a motel
in its early days and built in that
style and that's what the parking looks
like and as we know that's not how our
guests in in our visitors in downtown
Scottdale often travel I can tell you
particularly during March uh there's
just a parade of people wearing Giants
uniforms coming down Scottdale Road out
of there um so I'm not surprised that it
doesn't have a parking issue um I do
also live next door to the Caesar's
Republic hotel as you all know one of
the newest and shiniest ones in town
I've um dined there and and been there
and they have some beautiful conference
rooms and Conference facilities uh which
is great but to we need to allow hotels
like the Scott to compete I mean they're
60 years old they're not one year old
and yet they're in the same business
they compete for the same customers so I
think it's a good uh it's only fair to
let them compete with u the other newer
hotels um as has been said this is um
owned by local business whose
headquarters are just down the street
here in Scottsdale they' made a big
commitment I've watched it personally
over the years the money that's been put
in and the improvements that have been
made and I think we want to encourage
this and we want to allow them to have a
hotel to compete with the uh the the
substantial competition that fortunately
exists in Scottdale you all have the
discretion to do parking um exceptions I
think it's done situations like this
where Common Sense can Prevail and I I
urge you to use that discretion there's
no parking issue being created um I
don't think there's any other options
this isn't anybody that's really
substantially impacted I I think this
ought to be a pretty easy decision for
you all to make um before I step down I
just want to say I've as you know I've
spent a lot of time the last couple
years working with you all and City
staff um around parks and in The
Preserve and I just want to I know that
we just had the election that four of
you are no longer going to be part of
this I've enjoyed working with each of
you uh it's not the easiest thing in the
world to be public servants anymore and
I want to thank all of you for serving
the Scots serving Scott still well wish
you luck in your future endeavors um the
three of you that remain and I think
we've got some future ones sitting here
in the audience I look forward to
working with you and I think we all have
the same goal of keeping Scottdale the
uh the jewel that it is so thank you
very
much thank you we have Jake gray David
Hamlin and Jill
Hamin hi good evening uh thanks uh mayor
OTA Vice mayor councel I Echo Mark's
comments on uh the public service and
thank you for doing that and thank you
for hearing our case tonight on parking
um many of the things I was planning to
say have been said uh that you know the
Grossman company family has uh been in
the valley for over 60 years uh it's
still a family run business uh our
headquarters is now in Oldtown
Scottdale um we've owned and operated
various types of real estate uh in the
valley over that time frame um and I
think one of the competitive advantages
we have is that we we don't have
Partnerships we don't do brand
affiliations we don't hire management
companies uh we insist on um intimately
knowing our properties and uh operating
them and uh there's nothing wrong with
brands or management companies but it's
just part of our
DNA uh it's hard to believe we've
already owned the Scot for almost 10
years and uh I was involved in the
acquisition and the Redevelopment and um
you know I I uh I've come to known that
we don't use our parking like many folks
have said and I've also come to known
that we're a bit short on our conference
space uh right now we're about 68 square
feet per guest room and we'd really want
that to be about 100 square feet per
guest room it's particularly important
for out of town groups larger groups
that we get to that ratio and so my you
know my pitch is pretty easy uh I think
we have parking space spaces and asphalt
we don't use um and we have uh a need
for conference space and so just hope
you consider uh that tonight and once
again thank
you thank you um next we have David
Hamlin and Jill Hamlin then Ryan host
again uh just State your place of
residence and continue thank
you mayor Ortega and members of the
council uh my name is David Hamlin I'm a
resident
of uh
Scottdale basically a block North live
near Brent um full disclosure I've
worked with Grossman properties for 10
years I was the architect of record when
they did the remodel uh and I'm here to
basically be a witness to all the
studies and data that we've seen from
2014 till 2019 the resort was fully
open um in operational the whole time so
we had contractors and guests and events
and not one time that I ever see parking
go out into the street or the parking
lot full so I'm also an architect so I
deal with the uh calculation of parking
on various projects throughout
throughout Scottdale and other other
places
um I feel like parking requirements
identified in the zoning ordinance are
great starting point for most projects
but they don't always apply to
individual circumstances
um it must be flexible when it doesn't
align with the unique use of the
property which I think is the case here
um and given the the history and data I
believe this is a reasonable request for
reduction of parking uh and as a side
note I wasn't aware of the previous case
but when you compare the parking they
have 190 seats and they have 34 stalls
so there's obviously disparity and it's
a guide line but it it needs some
flexibility and I think Scottdale is the
place for that
because I I support their project
because it
encourages uh other forms of Transport
reduction in parking reduction in heat
island effect Etc so uh I just hope you
can support uh this reduction thank
you thank you Jill Jill Hamlin then we
have Ryan host ever Jesse and Brian Rice
so uh
jel hello good evening thank you uh for
hearing our support for this case um I'm
obviously connected to this gentleman
that's my husband David um I am also an
architect so very familiar with the
parking counts and all of that good data
as well I am in full support of the
reduction um for a few reasons one is
knowing Grossman properties and having
been with Dave working with them for
several years they are very community-
based and absolutely support the
experience in their hotel and that
experience is about the community and
also about the guests so um I appreciate
how they are always looking forward to
supporting whatever is the best
experience a reduction in parking when
it would impact in a negative way would
be something that they would run from so
I appreciate that with Grossman
properties
um the other thing we do frequent the uh
the location um happy hours are often
done Friday afternoon um we have never
seen the parking full so for that reason
as well um the last point that I'll make
is we were condo owners directly east of
the property never did we see overflow
parking issues with the condominium and
it was directly behind the hotel
property so for those three reason
reason I hope that you do support the
reduction in parking thank
you thank you Ryan host Everett Jesse
and Brian
Rice yeah hi my name is Ryan Ryan hosty
uh live at snor Village on Camelbeach uh
about a mile or so from this uh from the
Scott I've I frequent the Scott often
with using ride share um go there
generally to The Canal Club have drinks
uh with friends and anyway we I've never
seen any I've never seen many cars there
at all there's some up a few up front
but for the most part it's wide open um
so I'm just hearing support um for what
they're doing and trying to keep this
Scott a great place to
go Everett and then Brian
hi I uh I'm ever and I live at 7520 East
2 Street um I've been
in um Scottdale for about 12 years now
um before that I lived in Las Vegas so
I've lost I've watched a lot of hotels
go
extinct and so that's why I think it's
particularly important for uh this
reduction be granted is competition in
hospitality is very
Cutthroat um they you if you aren't
trying your best to keep
things very
competitive you can go out of business
very quickly and I think as someone that
frequents the Scott and as far as like a
a restored property no one has done it
better than Grossman properties with the
Scot I mean they that's a perfect Resto
stored
property and uh I just like sitting in
the
lobby and to be honest I try to decorate
my house kind of like it so that's how
much I I appreciate the atmosphere there
um it but that said I do like to leave
my house go there enjoy some cocktails
um have a fun time and uh never once
have I had a problem with parking uh
albeit you know I'm fairly responsible
so I ride share pretty frequently but um
yeah so I in but in the uh the spirit of
just loving what the property is and
what loving what Grossman did with it um
I think it's important to give them
every Advantage we can to keep keep them
relevant and competitive especially when
we're allowing you know other bigger
Brands like Caesers and stuff which you
know great that we're doing that but you
have to give an edge to your your your
local people while doing that and I
think that's the right way so
thanks thank you and I show Brian Rice
as the last
speaker hello my name is Brian Rice I
live across the street at Optima camel
viiew my partner and friends go to the
Scot often and I can guarantee when I've
walked over there's not been a parking
concern as I walk in um the other aspect
I think it's as others have said it's a
wonderful property and so one to be able
to engage and socialize with folks I'm
from the Midwest so I'm always yaking up
with someone from the Midwest no one's
ever parking they're always using ride
share because they're enjoying Oldtown
Scottdale um they also unique capacity
I'm a psychologist and our Corp the the
mental health company I work for the
corporate offices across the street in
the past they've actually stayed at the
Scott for their corporate Retreats last
night I drove to North Scots to a to a
competitor for our Retreat dinner last
night um I was able to share with them
the project that's moving forward and
the possibility that they could move
back to staying at the Scott for retreat
in the future um instead right now
they're planning on way moing down to
Canal convergence tomorrow night as
opposed to be able to walk which we're
able to do when we're as close to that
so I would again uh recommend the
approval of the the reduction of parking
in the overall project thank you thank
you very much at this point um I don't
know if there's an applicant whiches to
speak to close out I see councilwoman
Whitehead so let's go to council uh
comment well I just want to agree with
all of the speakers this hotel is a gem
it is what makes Scottdale Scottsdale
and the Grossman company what do they do
they run hotels and if the parking is
they know they're parking the city
council doesn't and that's what I love
about the city of Scottdale is we give
flexibility to our businesses because we
want our businesses to thrive it is
beautiful so my compliments to the
architect I love going there too it is
just a gem so um and I just want to add
one selfish note a par paring lot
generates heat a conference center
generates tax dollars so just yet
another reason for my support so I
motion to adopt approve approve I motion
to approve Scott Resort parking
reduction request for Dr
2024 and approve the applicants request
for a parking reduction that is greater
than 10% of the total parking required
for an existing Resort on a 8 acre as a
allowed in zoning ordinance section 9.14
Point F4 Point C with multif family
residential R5
zoning second
second thank you we have a motion in a
second further discussion seeing none um
go ahead uh councilman
Littlefield thank you mayor um I have a
question and a concern regarding this
um I don't want to set a precedent we
have parking requirements for a reason
and if we just say well we have them but
you don't really have to obey them then
that opens the door to a lot of things I
don't want to see up here on this
Council Chas so that is a concern to me
it has to be really proven in hardcore
that that this is not going to
negatively affect our parking ordinances
which are therefore a reason the other
question I have um which was not
addressed in this and that is if we
agree to this and you go ahead and you
build the convention center would you be
anticipating more cars to come to the
convention center when you have programs
and uh things that are going on there
and will you still have enough parking
to cover what you anticipate when the
convention center is active and
busy mayor and Council Littlefield I
certainly appreciate your concerns um
what I would say is that currently this
Resort is 40% underp parked according to
your current ordinance so it's um it
your discretion allows for certain
circumstances and if this isn't approved
they can't they can't grow their
business on the conference side they
can't keep up with the marketplace and
really I think that leads to your second
question which is a great question um um
their Market is to fill their hotel
rooms with Conference Center guests and
so if this allows them um and I think
the last gentleman who testified said
that his psychology business just took
their resort to a different location
because they had inadequate Conference
Center space um those are Hotel guests
that they did not um have occupy their
hotel rooms and that's what they're
really looking for they're a
conference-based tourist-based res
Resort Hotel and that's why they're
doing
this and even if this was Business from
The Scottdale Community they would still
be overp parked by 200 and some parking
spaces according to because we're
providing um more than the 140 that we
are required or that we are uh required
under our parking study so you currently
are over what is required for the
parking site of this hotel
councilwoman we are actually 40% underp
parked according to your ordinance but
we're 89% overp parked according to how
many we actually need according to our
parking study and if you'd like I can
have our parking um consultant and our
traffic engineer come up and talk to you
more in detail about that yes I would
thank you okay thank you
would you please put Jordan's um
presentation back
up my name is Paul bash I'm a Consulting
traffic engineer with Sumit Land
Management good to see you all again
good to be in a familiar room
again um let's see we need to move far
along in this presentation
this is a graph that shows the parking
occupancy count that we did it was the
two busiest days of calendar year 2023
two days in late March we hired another
firm to do the counting we do the cing
ourselves you can see the red line at
the top that shows 296 available parking
spaces you can see the blue line at the
bottom that shows the number of occupied
spaces the worst parking
demand left the parking lot 2third
empty that's simply a fact and you heard
testimony from some dozen people who
could who verified that you saw with GE
slides of Amber's drone
photographs day after day after day hour
after hour after hour twoth thirds of
the parking spaces are
empty as Jordan
said specifically to your question
councilman Littlefield the parking that
will be available when the conference
room is constructed and enlarged is
double double what is
needed there's a contingency plan
there's a plan B that the resort will
have double the parking spaces they
physically actually
need I hope I answered your question
conman
Littlefield okay um I'll make a few
comments thank you uh first of all the
the category of this property is legal
non-conforming Okay so Scottsdale
adopted our own zoning ordinance in
1971 and this property you know dates 60
years ago basically Scottdale was 13
years old at the time back in
1964 the county did the regs and the
zoning uh even the building department I
believe at that time because the city
didn't have the resources to do it
inhouse so when the um when the city
adopted our zoning ordinance
this place was already built it was
already you know uh several uh decade
decade and a half old and since then of
course we've adopted other uh codes
including the current one which is
Council adopted for new builds for new
buildings uh but this is a legal
non-conforming that's also a legal term
within our jargon as Architects and it's
a legal term uh in the city what I
noticed about this this has a full
package to it okay there's a lot of U
Frontage improvements there uh there had
been a lot of Oleander you know kind of
old school Oleander making darkening
that corner that's all getting taken out
and it's it's getting cleaned up quite a
bit in fact when people see the new
building it it blends with the the
existing uh style I I think they'll say
well maybe that was there along because
it was hidden by that Oleander turning
the corner um I find that and they've
taken some suggestions about better
lighting uh to bring pedestrian people
in as they're walking into Oldtown so
what we have here is a constant
reinvestment of a location location
location and that's a good thing uh not
only were the properties you know sold
and resold uh but they were held in uh
in this case a very highly reputable um
um developer that I believe they they've
already renewed all the bedrooms or the
rooms and now this would go into the uh
the rest of their business plan the
other thing that this has is it has
flexibility with I think four uh AB c d
uh sections uh right now they have
scattered meeting rooms in that place so
they can't combine them which would be
good when you have breakouts uh finally
as far as parking it's it's true that um
this property is very walkable but when
they do hold conferences people don't
just drive there in cars when they have
off-site you know visits to the Desert
Botanical Garden or something like that
they have buses that pick them up and
and it's very well-run and that's how
they get them there to see uh different
U uh different attractions I know we we
hosted a a group of national hay Growers
here in Scottdale
and they had uh you know a bus taking
them out at 7 in the morning to some
property that knew how to do it and all
that kind of stuff so it's it's a real
compliment to our growing uh uh well to
having a location that's been pretty
stable with that I support this uh
project I hope we see uh we have a
motion on the floor I see councilman
caputi wishes to speak and Durham and
Whitehead thank you just a really quick
comment I am perfectly comfortable that
there will not be a precedent created
here I think the reason that this case
is before us today is that our ordinance
uh wisely included that for a reduction
greater than 10% it has to come before
Council for us to rule on it as a case
by case basis so that again it can't we
can't create a precedent I think in
general most of the hotels these days
are being overp parked you used the
example of the canopy Hilton I don't
know if anyone's been visiting the
canopy Hilton uh any day of the week
anytime but that parking garage
underneath is empty
always so I have again I'm very
comfortable with this I think you guys
have done a fantastic job presenting and
uh I can't imagine how it would ever
create a president um super comfortable
to support thank you okay councilman
member
Durham thank you mayor um I agree with
council member caputi that this doesn't
create a precedent um our our ordinances
give us discretion to match the parking
to what's required so this is a caseby
casee basis that doesn't set a precedent
and I just like to clarify this is not a
convention center it's a it's a
conference center and so the Democratic
National Convention is not going to be
held here um these are small conferences
which are uh directed to filling the
rooms in the hotel um not bringing in
outside people as I understand it so
that these are smaller
conferences um it's not going to create
a a big overflow it's mostly going to be
people uh who are traveling by Uber and
lyt and so forth and so on and so um I
I'm completely in support of this
project thank you okay councilwoman
Janik and then we have a motion thank
you mayor um I just wanted to say I
applaud the fact that we have a small
business which maybe isn't so small but
an individually owned business
that wants to expand and I think that's
a good Testament for the services you
provide and uh how the community
appreciates that so thank
you thank you we have a motion um to
approve in a second please record your
vote uh the motion carries 6 to one with
vice mayor gram dissenting thank you
thank you very much good luck with your
project uh next we have item number
15 I'm just looking to the council do
you need a break or we're ready to go
let's go where all right good evening
mayor and Council my name is Brent
Stockwell I'm one of your assistant city
managers my role is to briefly provide
context for this next item from the
zoning ordinance and city
code
uh for this item the city Council should
be guided by the zoning ordinance which
states in the section on appeals of
cultural Council decisions that the city
council at its meeting shall affirm
modify or reverse the decision of the
cultural Council in addition section 9
of the 2024 rules of council procedure
lays out a process that can be used for
this instance similar to those used for
planning cases or development review
board appeals so you saw it earlier
tonight you get a staff presentation you
can ask questions of Staff in this case
there will be an appellant presentation
up to 10 minutes unless more or less
time is uh granted by a majority vote of
councel uh Mr Brooks here will be making
that presentation than any public
comment then Council questions of staff
and the applicant appellant sorry then
the appellant response to the public
comment staff response if needed then
Council motion and deliberation and
Council
vote uh the Council in reviewing the
decision should take into consideration
the following requirements outlined in
the zoning ordinance where it refers to
the cultural Council that should be read
as scottdel arts scottdel arts
acknowledges that it does not have an
applicable adopted public art master
plan as the last 10-year plan was
approved in 2012 so the city council
should take into consideration the other
two items the relationship of the
artwork to existing artworks and the
consistency of the artwork to the zoning
ordinances cultural improvements program
and the city's public art ordinance and
the city council cannot oppose artistic
judgment on the artwork as that is
something that is prohibited of
Scottdale arts in making their decision
that has been appealed to you uh on the
screen now is the following definition
for artwork as outlined in the city's
public art ordinance I wanted to provide
that uh for reference as it is reference
in the denial letter and we wanted to
make sure that you had exactly how that
was defined by ordinance so that's
something that you may want to pull up
in the future uh if there's a question
about that so as a reminder there are
three options for the city council
tonight to affirm to modify with
stipulations or to reverse the decision
and unless there are questions of me
rather than have me explain the
Scottdale Arts decision to the council I
would like to turn the podium over at
this time to GERD werman and Katie bis
with Scottdale Arts to explain Scottdale
Arts decision to the city
council thank you Bren for the
introduction Mayorga vice mayor Graham
council members thank you for hearing uh
this presentation as part of the appeals
process regarding additional public
artwork at the Remy hotel by very
introduction ger vman president CE of
Scot cell Arts with me tonight is Katie
bayis our director of public art point
of clarification Scot cell public art is
a division of Scot cell Arts it is
governed or it makes decisions on public
art on its through its own Scot public
art Advisory board however at the end of
the process those decisions are also
ratified by Scott sell's governing Board
of
Trustees um with that said um I'd like
to turn over to the next slide and give
you a few Salient high level points um
first and foremost um the scotle Arts is
a name party in the development
agreement the city entered years ago
with the developer however scotle Arts
was never part of the uh decision-
making process or the um process of uh
developing this development agreement so
we're a little bit out in the dark when
it comes to that um secondarily when the
developer came to us after already
having fulfilled its requirements for
public art earlier this year with this
concept of a nine-story tall video wall
alongside the Remy Hotel um we felt
fairly strongly that this was a decision
outside of our jurisdiction because it
really requires significant ordinance
changes or exemptions and we thought
this would be something that is prview
of council not of ours City staff then
however instructed us to put this
through the public art process which we
did and which just brings us to this
evening and I'll just add a little bit
of clarification on this timeline um the
Scotto public art Advisory Board was
very familiar of the long timeline with
the projects and they reviewed carefully
previous drb and Council decisions on
these items in their
deliberations um I want to point out the
four items in Gray are the Scottdale
public art interactions with the Maya
Hotel or Remy Hotel formerly Maya Hotel
um and their approvals um and then the
white boxes are the city um decisions
related to the project in August of
20121 they presented their first phase
one concept which actually included uh
four possible art artist and at that
point in time there was no presentation
of a digital video screen at that point
in time um they returned in March of
2023 about 18 months later with a new
public art concept that was a sculpture
by an artist named Daniel popper that
artist was not included in the original
four so that phase one approval in March
of 2023 replaced the original public art
approval in August of
2021 as a sculptural concept that would
move forward ward in the process they
then returned in March of 2024 bringing
forward the Daniel popper into the phase
two of this process where we review the
engineering requirements and
installation requirements necessary to
bring this to fruition and this image
here of the hotel um actually shows the
location of that screen but there was no
indication that a video screen would be
a part of the public art Concept in
March of
2024 simultaneously the developer
attempted to present the digital video
screen to the city um through the drb
process as it as if it was already
approved as public art but it had not
been presented to the public art
Advisory Board as a digital video screen
at that point in time and they were
directed to come back to us later in
August we received the actual
presentation including the video screen
in September we presented it to our
Advisory board on the agenda um the
developer presented
and The Advisory Board determined that
they wanted to have adequate time to
review and consider the timeline of
these decisions um and wanted to make
their decision in October of 2024 and
that brings us to where we are
today so our public guard board was very
diligent and took two months to
deliberate over the course of two
separate board meetings um the um
meetings allowed the developer to of
course make its presentation and were
open to the the public a number of
members of the public actually attended
both online and in person and at the end
of the process the board both times went
to we call Executive session which is
simply a part of our jury deliberation
process if you have an artist presenting
or pitching a piece to you you want to
have a way of having a confidential
conversation around that particular item
eache time we came out of executive
session repeated what was discussed and
deliberated and the outcomes for the
record which were captured in minutes
which were then made available to the
public and to the developers via email
and on our
website so now I'll walk you through the
eight reasons why the Advisory Board
determined that this was not something
that they could approve um first they
felt that the screen does not fall under
the jurisdiction of Scottdale public art
because the developer had already met
their requirements with the Daniel
popper sculpture and here's an example
of um a rendering of that piece that we
expect to see installed very
soon um number two they felt that the
content of of the piece is infinitely
changeable and thus beyond the ability
of Scottdale public art to oversee um
they were very careful about asking what
exactly is being presented here and what
is being presented is a large video
screen that would host digital artwork
via video so it could be changed at any
point in time our current ordinance is
not written in such a way that it allows
for ongoing oversight uh and approval of
art that would change over time it's
written to approve permanent public art
that would remain the same and then the
developer takes over all maintenance and
operations of it um so essentially
committing to a large digital screen
with changeable artwork at any point in
time would then be committing staff time
and resources to constant oversight of
this which we are not we are not
equipped to do at this point in
time number three this is a drastic
change from the phase one concept um
presented in Daniel popper this has
actually moved on into phase two this is
the engineering structure The Advisory
Board is very comfortable with the
Daniel popper sculpture in fulfillment
for the cultural improvements program
for this developer and they felt that at
this late in the game um introducing
something so different and new that is
unrelated to the sculptural concept that
has been approved is just beyond what
they can
approve for the approval of um the
certificate of occupancy for this
develop
ER four they felt that this was not an
adequate presentation of an art concept
but simply a presentation of a method
for presenting undefined video content
um they did present us with the name of
an artist but the only reference to what
the content of the artwork would be is
that it would be Scottdale
related they also felt that this Dynamic
wall mural on a 90t x 18t digital screen
is not INF fitting in relationships to
surrounding artworks in the area there
are over 40 pieces of public art in the
Oldtown area this picture is taken from
saleri bridge where you can see the
location of the screen directly in
between two of Pao salary's Earth cast
panels um so this is just one direct
example you're probably familiar with
these other pieces as well the Arabian
horse Fountain the doors love and
windows to the West The Advisory Board
doesn't feel that a video art wall of
this magnitude is in keeping with our
current public art
collection they also felt that it was
not in keeping with the surrounding
neighborhood and character areas
including the Oldtown Waterfront and
shopping
area um this is to reiterate that they
carefully did review previous decisions
made by the city to make sure um they
were not violating prior approvals and
they determined the fact that a video
screen had not been approved um by the
drb or by
Council um in previous
presentations number seven this is about
the definition of public art um as
presented they felt that this does not
meet our current definition of public
art in our public art ordinance and thus
would require a special exception to
that definition um by Council before
they could consider approving it
uh and finally they felt that the
implementation of a screen of this
magnitude should require additional
presentation public hearing on the topic
um that would be beyond the scope of
what Scottdale public art does with
interactions with private developers um
and then that should be under the
jurisdiction of the
city so in summary uh the public art
board does not approve this proposed
change to to the phase one art concept
they do still remain that Daniel poer is
approved and they can move forward and
fulfill their cultural improvements
program requirements with that sculpture
we look forward to seeing it installed
later this
year in closing I like to request that
if the council sees fit to overturn this
decision we need to recuse ourselves
from oversight and control over this
panel it simply by far exceeds our
ability in terms of staff and capacity
because a n story tall 90 foot tall
video wall that you can program with any
content at any given moment is simply
Beyond us to exude any oversight over so
with that we thank you for your
attention and we're happy to answer any
questions or hear any
comments um thank you mayor um thank you
for your
presentation I just want to understand
what we are going to to be voting on and
that is if we vote in the affirmative we
are approving the
denial the motion can be made to affirm
then by voting yes that would affirm
okay a motion could be made to deny and
then so so if the the motion is made to
affirm the decision then a yes vote
would do so affirming the
denial thank
you okay um City staff did you have any
comment for now okay um you know I I
agree with the findings and the
preparation uh which was uh uh done by
the you know Scottdale public art group
uh first of all I want to commend you
for curating uh the collection we have
100 over 160 I think 161 um public art
pieces that are enjoyable for the uh you
know the the public in in our
walkarounds um I believe that the U
points that you've made such as the uh
glaring presence on Scottdale Road as
Illustrated in one of the findings it
would be um uh is a point of a matter of
U for denial and uh with that I would U
mayor yes go ahead I I just want to make
sure the council understands the
applicants and appell attorney are is
here to make a presentation so I would
encourage the council to to listen to
his
presentation before making a final
decision of course I I apologize uh
please come forward applicant and I
believe there uh there are no uh
requests to speak from the public
can I have the Elmo activated
Mr Mayor Mr vice mayor members of the
city council thank you for the
opportunity to visit with you tonight my
name is David Brooks I'm with my own
firm Brooks and Affiliates my address is
4320 East Brown Road in Mesa Arizona I'm
here representing stock
Stockton Capital Partners Equity
partners and the Maya Hotel LLC who I
will refer to as the
Builder
now we're here to talk about an
appeal dealing with Scot scotchdale Arts
decision to deny our our request to
approve the art wall as staff told
you under the order ordinance on this
appeal Council has the option to affirm
the decision to modify the decision or
to reverse the
decision the Builder's request here is
that you do the middle
one that you modify the
decision send it back to Scottdale
public Arts tell Scottdale public Arts
that they have jurisdiction to do what
they've always been asked to do Under
the city
ordinance and that they implement the
plan that was long ago approved by this
Council and the development review
board this is the wall the art wall that
we're talking about this is one of the
slides that was presented to to the uh
Scottdale public art we presented at the
time the artist Ernest Roberts with art
heavy who was going to present various
versions of the digital art wall and
that's what we're here to talk
about to give you a little
history the area where the Maya and now
it's called the Remy hotel is located is
in a a a area that used to be called the
Entertainment District we call it the
Scottdale collection and the objective
was to make the old Entertainment
District a Hospitality District that
would be re
reinvigorated and in working in
cooperation with City's staff the
Builder representatives and City staff
were told if you can put art there
that will help
draw pedestrians and others to
reinvigorate the
area the objective at the time was to
transform this kind of a set setting
that was the old Entertainment
District to
this an art infused area that would draw
pedestrian traffic hotels rest
restaurants all the kinds of things that
you want to do to improve and develop a
Hospitality District now unlike what you
heard from the folks at scytale
Arts the notion of digital art in
Scottdale is not
new in
2021 Canal
convergence put art on the exterior of
the scotchdale Center for the Performing
Arts digital
art other buildings during that
time received the same kinds of
art digital art sponsored by Scottdale
arts in the canal conversions and even
the canal itself had digital images
going over the
canal the notion that we wanted a
digital wall like I said is not new now
when you go back to when this process
started the city council
directed
staff uh directed the staff and report
to create a development plan for the
Scottdale
collection in zoning case 9 uh ZN 2020
and the staff report 12 7
2020 it was reported that art will be a
unifying theme for the Scottsdale
collection the intent was that it would
have unique art encounters and visual
experiences for the residents and the
visitors in the approved development
plan it's important to understand the
goals in the city
were to create an Interactive Arts
District and to create an an and animate
public
spaces so what did the Builder do they
created a plan that would include
lighting enhancements building facades
to create new and exciting Visual and
sensory
experiences in the council's
package public art was specifically
discussed and guess what this is It's a
digital art wall in Millennium Park
Chicago that image was in the council's
package and
specifically it was decided to talk
about murals that were Dynamic engaging
interaction with light installations and
aerial
experience that was approved by the
council when the zoning plan was
approved the
location was for the Maya Hotel again
approved by the zoning plan that there
would
be
murals wall developments and projection
art that was all with the
council
now the Scottdale collection the Maya
hotel or the Remy hotel is on Schuman
Lane and Buckboard
Trail the
art or the it it's an intern interior
piece of
property not on a main street because
the Builder was told that if you put the
art in we'll help you and that's how you
will draw people
there finally in the
development plan with the city council
there was a location for the art on the
murals of the Maya Hotel Next Step
associated with the city council
development plan was to do a development
agreement it's a contract between the
city and the Builder few important
things the contract said that the art
would or there would be art that would
be artistically inspired lighting
features and lighting enhancements and
they would be unique artistic and
creative
ways then it
said that there would be light
enhancements that with interactive
installations and destination art
importantly for purposes of our
discussion the development agreement
provided that the art enhancements the
lighting en enhancements were defined
and met the definition of
art as provided in the Scottdale
ordinance as provided in chapter 20 uh
20-21 which staff showed
you so the council's already decided
what we do and we're doing for this
development was Art it's in a
contract now next step was to go to the
development review board
why do we have to go there as far as the
art part because city code section 7-1
010 C2 says that the development review
board's only job with respect to the art
is to determine the
location with the development review
board they were told that the Maya Hotel
will feature a large scale mural art
wall that will be visible for the
pedestrians and throughout the scy stale
collection the development review board
saw the slides showed the
location and
importantly in the slide that was
presented to the D drb it shows the art
wall
location and
that slide when you blow up the little
window says it would have wall art that
is projected and
illuminated it was
approved
now the Builder wanted to comply with
the development agreement we have a
contract right so we go to scy stale
Arts because that's what the contract
says we're supposed to do that's what we
were instructed by staff to do but the
problem
is when we got to Scottdale art they
didn't really want to deal with
it they told us there was no
jurisdiction it was beyond their scope
and they gave a number of uh reasons
that you saw I can talk more I don't
have enough time let me just circle back
to a couple of things Mr Mayor am I okay
yeah continue please thank you Mr Mayor
so what Scott stale art did they gave us
this list of reasons for denying our
request but the reasons I'm going to
focus on one here which is this
jurisdiction question two reasons Sky
sell Arts position is wrong first code
section
7-1
0002 provides that the cultural Council
created by this count by the city
council was given the ath authorization
to run
Scottsdale's art process it was
delegated so that's the first reason and
it's also included in uh
7-10 one0 which says Scottdale art is
supposed to approve all the public art
second reason and more importantly the
contract says all of the art developed
in the context of
the the Scottdale
collection goes to Scottdale
art doesn't say go back to the council
doesn't say go back to the drb it says
go to Scottdale art because Scottdale
art is the group that the council
assigned these kinds of responsibilities
to we did
and we
provided
examples and they say it's just a a
method an art method they saw slid
showing the art they had the name of the
artist and it's not unlike a situation
where you have a sculpture the artist
might do a preliminary drawing right
it's not the sculpture that you're
putting in front of the approving board
you give them the idea and that's what
we were doing
here again more
art
now my time's run I appreciate a little
time Mr
Mayor I Circle back to where we
started you should send this back to
Scottsdale art and modify their
decision now you heard Mr werman and I
hope I said that correctly I apologize
if I didn't you heard him say don't give
it to
us who else are you going to give it
to are you going to keep it as a counsel
are you going to take over the art
process that Scot stale art is supposed
to
do they need to deal with what they
didn't want to deal with so you should
send it back with two principal thoughts
one tell them they have the jurisdiction
and authority to deal with this and I'll
mention one of the reasons with respect
to that idea is it section
120 or 7 d i I'll get it
right 7 or
20-11 when you talk about about the
definition of
artwork it's an original work of art by
an
artist and in the list of things that
can be art it includes
videos we ask that you send it back and
you ask that the city or the scotdale
art implement the plan that has long
been the plan for the Scottdale
collection and I'm happy to take
question thank you sir thank you sir for
the presentation
and uh uh are there any
questions councilwoman
caputi I just have a couple of questions
I was actually the chair of drb when we
heard this case so I'm I'm definitely
remembering that uh Dynamic art mural so
uh Dr Westman had pointed out that
you've already fulfilled your art
requirement and yet you know you want to
do more art which I don't necessarily
think is a bad thing but I'm just
curious what your feelings were on that
wh why does the Builder care so much
about having this particular um
additional art
piece thank you councilwoman kudi I'll
go back to
this slide that I showed you earlier I
mentioned that the Remy hotel is on an
interior block Schuman Lane and
Buckboard
Trail how are you going to get people to
go to the the
hotel when the zoning case was uh being
worked on City staff the Builder they
talked and they said okay if you put
this hotel on an interior block which is
not where a builder usually wants to put
something like
that we will drive people there with
art and so if you notice on this screen
you have Scottdale Road over here and
right on Schuman Lane the southwest
corner of the Remy hotel or the Maya
Hotel is where the art wall is supposed
to
be so you have that as the
centerpiece it literally was this notion
that if you want me to develop this
Hospitality district and you infuse it
with art the art wall is the
centerpiece that's why they
are why they want to do it and there's
another reason they were encouraged by
the city to do it that's what
happened I think from speaking to folks
what concerns them the most is first of
all people have this fear that it's
going to become some sort of a Las Vegas
advertisement of you know come get a two
for one special here or something like
that as opposed to an art wall and the
other thing um I think that's a concern
from our arts department in particular
which is valid is that if it were a
forever changing mural you know how
would we ever be able to control that
would you consider a stipulation that
you maybe give us six or eight uh more
specific examples and then scotdale Arts
could uh rule on those I just I I
actually think it's not a it's kind of a
cool idea to have art that's not
completely static
forever um and as you pointed out I mean
anyone can go to Canal convergence and
see interesting different uh Light Art
so it's not a completely new idea but
again I think that the fear is that
we'll say yes and then uh every other
day it's a different thing and no and
there would be no controls over it we
would need to be able to wrap our arms
around some sort of a uh you know
stipulation that would say here are the
handful of designs and scota arts would
would approve is that something you
would accept
the short answer councilwoman caputi is
if that were a stipulation that this
Council wanted to provide to Scottdale
art yes but that's also what was
contemplated the information provided to
the to Sky sale art showed the images no
advertising we would even we would even
entertain a stipulation that says if we
put advertising it's stops
it again no
advertising no advertising now when you
talk about this notion it's
changeable of course it's
video right and the Scottdale ordinance
includes video as artwork
what do you think it's what's that
supposed to mean was the canal
convergence artwork potentially
changeable it was
digital but what sky sale art can see
is as you said four five
six
images that get approved and perhaps
those uh run for a period of time and
then after maybe a year or something
we go back and there's some new images
that's the blessing in the genius of the
art wall it can always be unique and
engaging because it and it doesn't
require this notion that the the Builder
or the owner is every day going to be
changing
it did that answer your question yes uh
City attorney would we be able to write
a stipulation that would give us control
over something like like that no
advertising and and you know sort of
like pre-approval of a set a set of
designs certainly you you could
pre-approve potentially a set of designs
we don't have that here today right um I
just want to clarify for the council
that the options are um under the
ordinance uh which is included in the
development agreement that that's the
process to be followed
uh for approval of the art that is
proposed um that the council now that
it's been appealed to the council can
affirm the decision modify the decision
or reverse the decision but it does not
provide for uh remanding the decision
back to scottdel Arts um so the point of
the ordinance is to have a final
decision um with this appeal um so if
developer wanted to bring forth a second
proposal
um modify their proposal and bring that
through I I think that the developer
could do that the Builder um but I don't
see how that could
happen at this meeting tonight may I
respond please do yes and then I have a
thank you I respect disagree with the
notion that what we're suggesting isn't
a
modification because the primary reason
Scott sart said we're denying is because
we don't think we have jurisdiction we
don't know what to do with
this you can modify the decision by
telling them what they should already
know they do have jurisdiction and you
can ask them to implement the plan that
was previously agreed to with the
council so when you look at the code
section you can modify with stipulations
that's what we're
suggesting okay are you are you done
with the floor or do you have I would
love to hear what the followup from
attorney I'm good thank you I I don't
want to speak for scottd Arts but I
listen to their presentation mayor and
councel
and even though they were concerned
about their jurisic ition they went
forward and reviewed this art and there
are many other reasons that they listed
in their presentation about why they
decided to turn down this proposal I
don't want to insert myself in the
substantive decision that this council
is going to make but I do dispute the
characterization that scottd Arts
stopped at their expression of concern
over jurisdiction or that that that was
their primary
concern I also want to point out that
there's a difference between the video
that the developer wants to
project and the screen the large screen
which was not approved by
drb so with that I'll I'll conclude my
remarks but I I do think that's an
unfair
characterization okay I I want to
um I have a question for you sure okay
all projects in Scottdale require a
percent for the art that's just standard
procedure I'm sorry he what all projects
in Scotsdale especially Oldtown downtown
require a 1% contribution for the Arts
are you aware of that yes okay and we um
allow or we defer the selection of
public art to uh Scottdale public art
for their for their decision and as a
council we step back from that decision
because we do not get into the
subjective question of it so knowing
that a project such as the
Maya had the legal requirement to
provide public art or money for public
art to be dispersed by the city manager
or in a in a kitty for
that you chose the company the Builder
chose to use that chip that that that um
allowance for a
sculpture and you chose to do that to
satisfy the 1% of the
art you finished that
obligation when you chose that piece of
sculpture that satisfi
the public uh uh art connoisseur group
in in that discussion so my question is
did you or did you not satisfy that with
the first sculpture that was approved
the answer is we did satisfy that but
that doesn't end the
discussion it it does it does end the
discussion as stated because you were
required by the development agreement
had you proposed a graphic of some sort
before which I I I did sit through one
of the uh presentations when it was made
and uh was called a billboard a dynamic
billboard that was used during that that
that term came
up had you done that proposed a dynamic
projection of some
sort prior to your uh had this is a
second choice
you have made a second choice or you're
suggesting a second choice you may
suggest a third choice and a fourth
choice I don't know it's irrelevant to
the satisfaction of the ordinance for 1%
for art so you used up your ability in
my
opinion and can't add on to that
obligating us or public art to then
pursue another rabbit or another design
however it is
described so that's that's the question
you have answered you said you used it
up correct you made the you you you
passed the you provided the ORD for the
ordinance
requirement for that first piece of
sculpture and I don't see any
obligation to cerse or put another piece
on our lap or delegate it uh as such may
I respond on further Mr Mayor the
obligation is in the development
agreement itself it defined all of the
art lighting fixtures um all of that was
defined as uh
fixtures that would go to Scottdale art
so even if there's one piece the popper
piece that goes to scal art that doesn't
mean that the other art that is
developed by the developer and remember
the objective was to make this whole
section infused with
art so if we're going to comply with the
agreement we're going to do more art and
we don't have to limit ourselves to one
piece we don't have to limit ourselves
to what the 1% is if we do more to
comply with the contract we have to run
it through Scottdale art and that's all
we did and that's what we're doing here
you're on sorry Mr Mayor the other
question I have is the reference that of
context which is Illustrated in uh the
um the points made uh the only similar
wall and I don't know if it's as tall is
the digital display that we see on the
101 uh in front of the casinos and which
is so glaring it's actually reflected
on the walls of our neighborhood as you
d uh past Pima Road so it is very
obtrusive I I know that subject came up
in the deliberations of the uh
Scottdale um um public art group I just
happened to walk up there and I saw part
of that discussion and that's very valid
concern in terms of glaring uh light
versus and reflecting lights uh through
that whole area uh that's a a beacon of
um that's counter what
Scottdale uh has um ever approved and a
dynamic billboard is also something that
is uh not used in our in our city so for
those on those grounds and I see there's
a couple other comments here but um I
would move to affirm the decision of
Scotts s art and which does not approve
U of the proposed changes second second
now we have um a council member Durham
and vice mayor Graham who wish to speak
and you could stay up there that's good
that's okay if they ask to to address
that thank you mayor um I just speak to
you I'm going to join in the mo I I I
will agree to the motion to um to to
affirm
but I agree with attorney Scott that
there were many other reasons beside
jurisdiction
here and frankly as I understand that
you're you're you're basically asking
Scott D Arts to sign onto a blank check
to approve in advance whatever you might
throw up there and it seems to me that's
the major objection is that they don't
want to lose the ability to approve of
that or or spend the resources which
would be uh necessary if you were to
change that so although I I'm going to
vote to affirm I'm just curious whether
you'd be willing to have some kind of
advanced approval process of a limited
rotation and and whether Scottdale Arts
would agree to uh you know approval of a
a limited rotation of projects to be put
up there and that would be to be decided
at a later time because I I say I'm
going to vote to affirm the decision
today but I I'd like to hear from uh Dr
wisman whether that's something that
they would you like me to answer your
question from our yeah yeah sure i' I'd
like to hear your side and I'd like to
hear Dr Wiman also so yes we believe
Scottdale art can look at a handful of
images that will be on the dynamic art
wall mhm and approve them they don't
have maintenance
obligations and it's not going to be a
billboard and and I'm sorry Mr Mayor if
that was the term used it's not my term
and it's not intended to be art or
excuse me I said that wrong it is
intended to be art it's not intended to
be advertising so yes I I think we could
do that and that would be something we
would work with scottd art and as I
mentioned I believe that's their job
yes G I'd like hear from you on
that thank you mayor and Council um a
couple of remarks I want to uh say I
appreciate uh city attorney's comment
about jurisdiction we want to point out
that there are multiple layers of
jurisdiction involved in something as
such because it would really question
some of the existing ordinances about
large siiz digital displays in the city
of Scott still that's number one however
we did exactly what we were supposed to
do that is we put it through the jured
process of the scota public art board
the board reached this decision not
because of one single issue but because
of eight specific issues as part of the
liberations um Mr Brooks showed an image
of crown fountain at Millennium Park in
Chicago we discussed that very image
because many of us really love that
piece but that's not what this is Crown
Fountain is a singular piece by a
singular artist that uses digital
display of a face that moves as one
static display year round it is a piece
of sculpture that happens to use LED
digital imagery as a component that
image never changes it doesn't get
replaced by anything else it is one
giant piece of art installation it's a
very different case similarly I think we
all know and understand and know how to
differentiate between a celebration of
light artwork at Canal convergence for
10 days where we showcase very specific
pieces one piece at a time with one
piece of content that is projected
against walls for that 10-day duration
there is never any ambiguity about those
pieces can be changed or altered and
amended so the question of controlling
content is certainly one of the
questions that we had to evaluate in
this process but it's only one of eight
parameters there were many other
parameters including sensitivity to the
neighborhood sensitivity to the needs
and wants of Scottdale um existing
artwork in close proximity to uh this
particular piece and so forth the last
comment I'd like to make because I think
Mr Brooks has introduced that a number
of
times over the course of multiple years
we have seen the presentation of this
concept evolve there was talk of a mural
a mural is something very different than
a nine-story tall video wall then it
became a mural with lighting effects
that's something very different from a
nine Story video wall and eventually I
believe it was the for the first time it
to do ourselves in March or April of
this
year this manifestation of a nine story
tall video wall appeared in front of us
those are some of the reasons why we
stand by our decision and I I hope the
council will sees fit so as
well hey vice mayor oh sorry um are you
done Durham um well I I would just add I
I was going to say that this is totally
different from Canal convergence which
uh as G is pointed out is is 10day
period And this is a permanent on the
side of a building so the the analogy to
Canal convergence doesn't convince me at
all vice mayor Graham you can sit down
sir thank you thank you mayor uh maybe I
don't know this questions for Sher or
for GERD but if we affirm this denial
the statue still goes in right that I
think that was explained but I just want
to make sure that's crystal
clear right mayor U mayor um and vice
mayor I'll let U gerd answer that
question but my understanding is that
that has already been approved it has
already been approved and so we would
affirm the denial it's almost like we're
it's like a it's like a part of the uh
public art application the no just hear
me out the popper is one part and then
the and then the billboard is the other
part yeah the developer came to us to
approve different types of artwork in
separate phases as part of this project
phase one of the Daniel POA sculpture
there's actually a second sculpture
under a VV as well I believe but phase
one of the papa sculpture has been
approved none of that would change this
appeals process is simply limited to the
presentation the developer made to us in
regards to this video wall so none of
that would change if you affirm our
decision today did we show the popper
statue on on the we did it's actually it
was a a beautiful wooden uh mixed media
sculpture with a sort of a face mask
taken off of a a large figurine I've got
it here I mean it's you know it's it's
all vantard and all that I'm sure people
like it um yeah I um I I was listening
to the mayor uh his comments and I um I
found myself in agreement with them and
um I a
dynamic you know display is going to
create for you
an indefinite performance
obligation it's just that simple so I
like the idea of pushing the envelope
for public art I like the idea of
creative new ways and you know dynamism
and and you know lights
but I trust your judgment on this so I'm
going to I tried to second the motion
but council member janic was too fast
thank you vice mayor thank you for the V
of confidence and also we agree we like
to push the envelope but some things
just don't meet the mustard correct
councilwoman
caputi I'm just disappointed by the idea
that if someone's fulfilled their 1% art
we say we don't want any more art you've
done what we've requested as the bare
minimum please don't give us any more
art we're done I mean that to me I'm
having a really hard time with I I think
of Scottsdale and especially our
downtown area as was suggested being a
place where we encourage as much art as
possible I think the point of making a
1% is to establish a bare minimum that
doesn't mean that we cap someone off at
1% and say um you know we can't possibly
have any more art at all I'm also kind
of cringing at the thought of you know
of course I'm all about context I've
served on drb myself for many years and
it's all about whether things are
contextual with the area but that's also
not to say that because we've never done
it before we should never do it right
one of the thing that comes up on drb a
lot is colors for instance and people
brought us slightly different colors
over the years if we no longer do just
the desert sand it's starting to evolve
a little bit into different Hues of
whites and Grays and it's cool and and
suddenly then that becomes the
difference and and things get you know
this is how things change if we always
say we've never seen it before we're not
going to be willing to do it um then
nothing ever changes right so that piece
of it is a little bit disappointing to
me I totally understand that I do not
have support from my coun but I would
have made a motion to modify with the
suggestion that we uh stipulate um you
know absolutely no advertising and that
and that we put a limit on the number of
images and that we allow you to approve
a set number of finite images to me that
takes away the fear that it would be
this NeverEnding
changing uh set of images and of course
then we could make sure that it wouldn't
be advertising but again that I just I
don't know I'm just kind of excited
about the thought that you would have a
piece of art and then you would not be
married to it for the rest of Eternity
as long as that building is up right you
would have a little bit of dynamic
change and um I'm sorry I I thought it
was kind of cool so I'm a little
disappointed but you know I respect the
will of the rest of the council you know
Council I I I so appreciate the comment
and I want to be clear we had a lot of
similar conversations among staff and
public art board because this isn't a
one- siiz fits-all right and this isn't
a sort of a clear cut things cities
change and evolve over time but I think
it is very much contextual it's when is
the right time to take the next steps
and how to be preserved some level of
synchronicity in a certain area um as I
mentioned we love pushing the envelope
um but we also have to make clear uh uh
judgment on in terms of you know when we
reach sort of a saturation point about
something and we felt this was again the
changeable content was only one of eight
points why we felt this really could not
uh go forward in our mind
okay I will um call on City attorney and
then we'll thank you mayor I I just want
to clarify that the development
agreement does contemplate that any
proposed art would have to be approved
through this process so i' wouldd
encourage the council not to get uh you
know too focused on the 1% the question
is is the art that this appellant
developer proposing
that was denied uh by the scottd Arts
the cultural Council as set forth in the
ordinance um is the council comfortable
with the the denial of what's been
proposed do you want to modify that in
some way that's the question that this
council is deciding
tonight thank thank you and um
I think we've all given our views um I'm
getting back
to councilwoman Littlefield did you have
any comment just I believe everyone has
if not uh counc everyone has uh
expressed their um views and we have a
motion and a second uh please record
your vote mayor could you repeat the
motion please okay the the motion is to
affirm agree with
the um findings and of the
Scottdale uh public Arts committee and
their denial of the uh proposed
ninstory U uh animated art piece thank
you thank you so please record your
vote okay the motion carried uh 6 to one
with councilman caputi uh
uh voting no with that thank you very
much we will now return to our regular
schedule
program which is a public comment second
opportunity for members of the public to
come forward seeing none I close public
comment uh moving on to item number 16
uh per our uh city council Charter any
citizen can bring forth petitions uh we
are in receipt of a petition um with um
numerous signatures as um prepared and
by Mr s and um at this point we will
look at our options uh we are each in
receipt of the uh petition and um we are
not permitted to discuss the merits of
the petition uh or there's no need for a
presentation the question are number one
would we direct to city manager to
agendize a petition for further
discussion uh number two direct the city
manager to investigate the matter and
prepare a written response to the
councel and number three and and with a
copy to the p uh petitioner or number
three take no action do I have a
motion yes uh mayor I would move to
follow number two uh direct the city
manager to investigate and prepare a
written response to second thank you we
have a motion in a second no further
discussion please record your
vote motion carries
unanimously with that we have concluded
our um business for a regular meeting um
do we have a motion to
adjourn oh I'm sorry
there's sorry sorry there's one more
item that's my item isn't it
item number 18 and that is pertains
to added I added it to the U list
and
17 because I tossed number uh
18
sh we took 18 out of order
17 out of order excuse
me okay um okay here we go
um okay I had a um motion to
agendize um can you put that motion up
to
the my motion for number 18 uh mayor I I
can read it if you'd like uh we we have
the options on the screen but I can I
can read your request yes okay yes
please read read my request yeah thank
you uh mayor uh it was to direct the
city manager and City treasur to
agendize an item for discussion and
possible Council action to include in
the upcoming uh proposed budgets a total
of 1.2 million uh split between the next
two fiscal years with 600,000 in fiscal
year 2526 and 600,000 in fiscal year
2627
uh to renovate the existing original
Museum not including the expansion which
uh should be allocated between the
Scottsdale Museum of the West
Incorporated and the city uh consistent
with the respective maintenance
responsibilities outlined in the
approved Museum management agreement
I'll second that and I will just speak
very briefly I I'm not allowed to uh go
further but I just to mention that the
construction of the annex is underway
which is a tremendous asset uh for our
Museum of the West and this question
would uh bring a 10-year-old facility up
uh especially for lighting to match the
new result we have a motion we have a
second councilwoman
Janik I just was going to say I'm in
support of agendize this item for a
future meeting thank you so we have a
motion a second please record your vote
thank you we are
unanimous I knew I had something else
okay at this
point um at this point um we have
concluded all of our agenda items
therefore I do have a motion to adjourn
uh so moved a motion of second please
record your
vote we are adjourned unanimous
than