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>> we'll go ahead and get

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started.

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I'd like to call the

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NOVEMBER 17, 2025 special

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meeting and possible executive

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session of the scottsdale city

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council to order.

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City clerk ben lane, can you

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please do our roll call.

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Clerk ben lane:

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mayor lisa borowsky.

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Mayor borowsky: present.

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Clerk ben lane: vice mayor adam

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kwasman.

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Vice mayor kwasman:

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here.

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Clerk ben lane: councilmembers

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jan dubauskas.

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Councilmember dubauskas.

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Here.

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Barry graham.

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Clerk ben lane: barry graham.

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Councilmember graham:

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here.

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Clerk ben lane: kathy

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littlefield.

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Councilmember littlefield:

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here.

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Clerk ben lane: maryann mcallen.

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Councilmember mcallen:

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here.

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Clerk ben lane: solange

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whitehead.

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Councilmember whitehead:

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here.

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>> clerk ben lane: city manager

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greg caton.

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>> greg caton: present.

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>> clerk ben lane: interim city

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attorney luis santaella.

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>> luis santaella: here.

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I'll note that city more greg

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cation just walked in.

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>> clerk ben lane: city

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treasurer sonia andrews.

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>> sonia andrews: here.

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>> Clerk Ben Lane: and the clerk

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is present.

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>> Mayor Borowsky: we have a

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possible executive session to

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can you tell me with the city's

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attorneys for legal advice and

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consider the city's position

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regarding the taxpayers against

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awful apartment zoning

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00:01:12,705 --> 00:01:14,507
exemptions, versus state of

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arizona and all other matters

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related to senate bill 1543 and

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development agreement no. 2020-

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2020-138-cos, including

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amendments.

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And to -- also to address a

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proposed memorandum of

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understanding between the city

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and axon.

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And the proposed ordinance no.

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4697 related to a

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self-certification and

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third-partied certification

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program.

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And for legal advice related to

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all these items.

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Why can I -- at this time I'll

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entertain a motion -- to enter

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into executive session.

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>> so moved.

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>> second.

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>> Mayor Borowsky: all those in

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favor, please indicate your

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vote.

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We will now recess into

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executive session.

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And be back when we're finished,

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thank you.

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00:05:38,464 --> 00:05:39,599
>> Mayor Borowsky: we've wrapped

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up our executive session and at

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this time we are reconvene

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ing the

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special council meeting for the

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record most of the council is

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here.

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I saw barry here.

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We are all here.

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And the charter officers are

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also in attendance.

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So moving on to item no. 2, for

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consideration, a memorandum of

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understanding

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forthe axon world headquarters

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campus.

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00:06:14,601 --> 00:06:16,601
authorizing contract no. 2025-

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2025-197-cos, a memorandum of

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understanding between the city

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and axon enterprise.

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The mou outlines the terms for

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development of axon's

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international headquarters

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campus, including a reduction of

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the total number of residential

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units previously approved from

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1882 apartment -- 1,882

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apartments to 750 apartments,

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and 750 condominiums for a total

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of 1500 residential units.

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Why which will include phased

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construction of office,

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manufacturing, hotel and

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residential components.

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Affordable housing provisions,

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infrastructure commitments,

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including roads, trails and

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utilities.

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Access to a real-time crime

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center, and use of a third party

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permitting and inspection

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process.

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We do have some speakers on

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this.

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So I'm going to go ahead --

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first we'll hear from our city

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attorney, who will give us a

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brief presentation on this.

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>> Acting City Atty. Santaella: I

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f I could please get the elmo.

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Thank you.

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Honorable mayor and members of

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the city council and members of

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the public, I'm the interim city

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attorney, and I'm going to speak

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briefly on the items that are

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being considered this evening.

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The first item that's being

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considered this evening is the

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mumim of understanding, an

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agreement between axon, inc.,

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and the city of scottsdale.

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And it outlines a proposal where

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axon would do certain things and

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the city would do certain things

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things.

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and it involves the development

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vacationon's international

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headquarters, located here in

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the city of scottsdale.

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The mmu include phased

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construction of the office,

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manufacturing, hotel and

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residential components, their

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infrastructure commitments such

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as a dog park, roads and trails

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and utilities that axon is

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promising to do.

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There's some affordable housing

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provisions, access to a

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real-time crime center for

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the scottsdale police department

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department, and it also involves

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certain other conditions.

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One of the biggest things about

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this particular proposed mou if

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adopted is the number of units.

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Previously approved axon was

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authorized 1,882 units.

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Under the agreement, they would

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be changing the number of units

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that they're doing to 750

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apartments and 750 condominiums

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for a total of 1500 units.

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Of those units, 38 units will be

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dedicate

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dedicated as affordable housing

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and the construction would be

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phased.

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Meaning that 375 of the

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apartments and 375 of the condos

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would be deferred until after

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JANUARY 1, 2030.

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They would begin the

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headquarters building sooner

190
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than later, before the ancillary

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stuff.

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In addition to the mou itself,

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there are two ordinances that

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are related to the mou that

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would be agreed upon if the mou

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passes.

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One is a self-certification and

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third party certification

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program.

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This type of progra is

201
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authorized by state law and a

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city can limit who this type of

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ordinance applies to.

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In this case only world

205
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headquarters campuses.

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Right now there's only one world

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headquarters campus within the

208
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city of scottsdale, and there's

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only a couple of other parcels

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within the city that could

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possibly fit that definition.

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So it's very limited.

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Under the self-certifying

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ordinance or third party

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00:10:17,911 --> 00:10:19,379
certification program, it would

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allow licensed engineers and

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00:10:21,480 --> 00:10:23,448
architects to basically certify

218
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the plans, conduct the

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00:10:25,351 --> 00:10:28,351
inspections, and make sure that

220
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axon is building and developing

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00:10:30,157 --> 00:10:32,557
the property appropriately and

222
00:10:34,561 --> 00:10:36,561
properly.

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00:10:39,299 --> 00:10:41,335
The third part of this -- or the -- is the repeal of the

224
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zoning ordinance.

225
00:10:44,204 --> 00:10:46,640
Right now, as we all know, the

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current zoning -- has been

227
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referred, so it's kind of been

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suspended until there's a

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referendum.

230
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This would repeal the current

231
00:10:54,914 --> 00:10:57,584
zoning to what axon had before,

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which is basically light

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industrial.

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The entire mou is predicated on

235
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the idea that sb1543 the

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international headquarters,

237
00:11:08,829 --> 00:11:10,164
state statute is lawful.

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The final thing that the council

239
00:11:13,800 --> 00:11:17,400
MAY be considering tonight is an

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00:11:17,771 --> 00:11:18,538
item to authorize me, or my

241
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designees to file appropriate

242
00:11:20,541 --> 00:11:22,543
counter claims, cross-claims or

243
00:11:22,543 --> 00:11:24,440
third-party claims in the matter

244
00:11:24,440 --> 00:11:25,645
of taxpayers against awful

245
00:11:25,645 --> 00:11:26,880
apartment zoning exertions

246
00:11:26,880 --> 00:11:27,480
versus state of arizona, city of

247
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scottsdale.

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That's a lawsuit that axon is

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00:11:30,718 --> 00:11:33,718
not involved in, but obviously

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because it involves sb14 --

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00:11:40,600 --> 00:11:41,195
excuse me, sb1543 it has

252
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repercussions for this mou and

253
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for the development.

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With that, I'll take any

255
00:11:45,766 --> 00:11:48,766
questions from the city council.

256
00:11:51,605 --> 00:11:54,500
>> Mayor Borowsky: thank you.

257
00:11:55,409 --> 00:11:56,309
Advice mayor kwasman.

258
00:11:56,309 --> 00:11:58,709
>> Vice Mayor Kwasman: thank

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00:11:58,878 --> 00:12:02,183
you, MADAM Mayor, and I really

260
00:12:02,183 --> 00:12:04,551
want to -- I want to just say, I

261
00:12:04,551 --> 00:12:05,986
have so much appreciation for

262
00:12:05,986 --> 00:12:07,354
you, MR. City manager --

263
00:12:07,354 --> 00:12:10,324
MR. City manager and MR. City

264
00:12:10,324 --> 00:12:13,924
attorney for all you have done

265
00:12:16,730 --> 00:12:18,532
to help put this all together in

266
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such a short time.

267
00:12:19,633 --> 00:12:22,169
Having been an attorney for a

268
00:12:22,169 --> 00:12:23,838
decade and seeing deals put

269
00:12:23,838 --> 00:12:25,806
together, rarely are they this

270
00:12:25,806 --> 00:12:28,206
comprehensive with this time

271
00:12:32,790 --> 00:12:34,114
frame that it something to be

272
00:12:34,114 --> 00:12:36,114
extremely proud of.

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00:12:37,784 --> 00:12:40,988
I also want to thank -- I want

274
00:12:40,988 --> 00:12:44,324
to thank axon, who has come to

275
00:12:44,324 --> 00:12:49,620
the table in a way that is --

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00:12:49,620 --> 00:12:49,697
there's a yiddish word,

277
00:12:49,697 --> 00:12:51,697
mensch-like.

278
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You came in with real terms and

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whatever happens at this vote,

280
00:12:59,841 --> 00:13:03,377
this afternoon, is a -- it's --

281
00:13:03,377 --> 00:13:06,480
it is a reflection -- it's not a

282
00:13:06,480 --> 00:13:08,582
reflection on -- it's not a

283
00:13:08,582 --> 00:13:09,416
reflection on the negotiations

284
00:13:09,416 --> 00:13:10,985
that took place.

285
00:13:10,985 --> 00:13:13,985
I think it's really important.

286
00:13:15,289 --> 00:13:16,290
I just want for everybody

287
00:13:16,290 --> 00:13:18,690
listening, whether they're going

288
00:13:19,193 --> 00:13:21,162
to see this tomorrow or today,

289
00:13:21,162 --> 00:13:22,396
I'm going to do my very quick

290
00:13:22,396 --> 00:13:24,980
ben shapiro impression and get

291
00:13:24,980 --> 00:13:26,990
to where we are now.

292
00:13:26,990 --> 00:13:28,903
So all right, folks, let me just

293
00:13:28,903 --> 00:13:30,738
give you a little background.

294
00:13:30,738 --> 00:13:33,674
Last DECEMBER former council got

295
00:13:33,674 --> 00:13:36,740
us to roughly 1900 apartments.

296
00:13:36,543 --> 00:13:38,120
Referendum succeeded getting

297
00:13:38,120 --> 00:13:39,580
signatures, puts it on the

298
00:13:39,580 --> 00:13:41,580
ballot.

299
00:13:43,283 --> 00:13:46,283
The 1543 was passed, okay, which

300
00:13:48,550 --> 00:13:50,455
then allows those businesses

301
00:13:50,925 --> 00:13:54,525
that axon would qualify under to

302
00:13:54,895 --> 00:13:56,830
not be subject to referendum,

303
00:13:56,830 --> 00:14:00,430
lawsuit ensued, okay, but I want

304
00:14:02,102 --> 00:14:04,305
to be very clear, under 1543 and

305
00:14:04,305 --> 00:14:06,273
under the development agreement,

306
00:14:06,273 --> 00:14:06,506
1900 apartments would be

307
00:14:06,506 --> 00:14:06,840
allowed.

308
00:14:06,840 --> 00:14:08,840
Okay.

309
00:14:10,978 --> 00:14:12,946
If we had a referendum today, if

310
00:14:12,946 --> 00:14:14,949
somebody paused and we had a

311
00:14:14,949 --> 00:14:16,500
referendum today and axon won

312
00:14:16,500 --> 00:14:18,219
the development agreement holds

313
00:14:18,219 --> 00:14:19,219
and it's roughly 1900 apartments

314
00:14:19,219 --> 00:14:21,219
apartments.

315
00:14:21,555 --> 00:14:24,491
If it was held today and axon

316
00:14:24,491 --> 00:14:26,627
lost, axon's property becomes

317
00:14:26,627 --> 00:14:28,629
reevaluated -- it gets

318
00:14:28,629 --> 00:14:30,970
reclassified as light

319
00:14:30,970 --> 00:14:32,970
industrial, and therefore 1543

320
00:14:33,167 --> 00:14:33,467
holds and they get to build 1900

321
00:14:33,467 --> 00:14:35,467
apartments.

322
00:14:36,436 --> 00:14:37,638
There is no difference, those --

323
00:14:37,638 --> 00:14:39,573
anybody telling you that the

324
00:14:39,573 --> 00:14:40,908
voice of the people is not being

325
00:14:40,908 --> 00:14:42,543
heard, guess what your outcome

326
00:14:42,543 --> 00:14:43,577
has already been decided by the

327
00:14:43,577 --> 00:14:45,577
state legislature.

328
00:14:46,247 --> 00:14:46,613
If axon wins the referendum,

329
00:14:46,613 --> 00:14:48,613
1900.

330
00:14:49,717 --> 00:14:50,418
If axon loses the referendum,

331
00:14:50,418 --> 00:14:52,200
1900.

332
00:14:52,200 --> 00:14:54,200
That's the law.

333
00:14:55,456 --> 00:14:57,625
So the question is then, is that

334
00:14:57,625 --> 00:14:58,993
then going to -- they say wait,

335
00:14:58,993 --> 00:15:01,562
the law is being challenged,

336
00:15:01,562 --> 00:15:02,996
there's a lawsuit during, okay?

337
00:15:02,996 --> 00:15:06,366
Now, here's where I can speak to

338
00:15:06,366 --> 00:15:09,770
as a litigator and as a former

339
00:15:09,770 --> 00:15:11,770
legislator.

340
00:15:11,839 --> 00:15:13,641
I have seen special legislation

341
00:15:13,641 --> 00:15:16,410
challenges being brought in

342
00:15:16,377 --> 00:15:17,845
front, in front of the -- in

343
00:15:17,845 --> 00:15:19,613
front of the state supreme court

344
00:15:19,613 --> 00:15:21,382
and have seen successes and

345
00:15:21,382 --> 00:15:23,751
failures, but what gets to

346
00:15:23,751 --> 00:15:25,419
happen there is the state

347
00:15:25,419 --> 00:15:27,688
legislature gets a second crack

348
00:15:27,688 --> 00:15:29,990
at I see this and so in any

349
00:15:29,990 --> 00:15:31,492
complaint, you have to list the

350
00:15:31,492 --> 00:15:32,293
issues that they feel is

351
00:15:32,293 --> 00:15:34,293
unconstitutional.

352
00:15:34,595 --> 00:15:36,164
And the legislature now has a

353
00:15:36,164 --> 00:15:39,764
list of things that they could

354
00:15:40,670 --> 00:15:41,302
use to amend the legislation.

355
00:15:41,302 --> 00:15:42,837
Now, I have been around, I have

356
00:15:42,837 --> 00:15:44,839
been around as long as some of

357
00:15:44,839 --> 00:15:46,730
these people in this audience,

358
00:15:46,730 --> 00:15:47,541
but been around long enough to

359
00:15:47,541 --> 00:15:49,777
know that legislatures don't

360
00:15:49,777 --> 00:15:51,479
like to be overruled.

361
00:15:51,479 --> 00:15:53,247
And I promise you, that the

362
00:15:53,247 --> 00:15:55,249
amount of votes it took to get

363
00:15:55,249 --> 00:15:56,817
over the hump to get the first

364
00:15:56,817 --> 00:15:57,985
piece of legislation through,

365
00:15:57,985 --> 00:15:59,453
they are willing to make the

366
00:15:59,453 --> 00:16:00,688
amendments to make sure it's

367
00:16:00,688 --> 00:16:02,256
legal, nobody wants to be the

368
00:16:02,256 --> 00:16:04,259
one who is holding the ball and

369
00:16:04,259 --> 00:16:05,226
be declared unconstitutional by

370
00:16:05,226 --> 00:16:06,694
a state supreme court.

371
00:16:06,694 --> 00:16:07,495
And that's what brought us to

372
00:16:07,495 --> 00:16:09,495
this moment.

373
00:16:14,268 --> 00:16:16,470
So the idea is what can we do to

374
00:16:16,470 --> 00:16:20,700
make sure that we listen to

375
00:16:23,644 --> 00:16:26,180
residents, don't have 1900 units -- 1900 apartments, what

376
00:16:26,180 --> 00:16:28,182
can we do to make sure that we

377
00:16:28,182 --> 00:16:30,451
bring a resident first approach

378
00:16:30,451 --> 00:16:33,421
that is a compromise that is

379
00:16:33,421 --> 00:16:36,290
mature, that is realistic, that

380
00:16:36,290 --> 00:16:39,290
served all parties, and makes

381
00:16:40,128 --> 00:16:43,728
sure that we don't get overrun

382
00:16:44,265 --> 00:16:46,534
by a state supreme court and a

383
00:16:46,534 --> 00:16:48,534
state legislature?

384
00:16:49,938 --> 00:16:52,306
And that was the impetus behind

385
00:16:52,306 --> 00:16:54,942
this compromise and this mou.

386
00:16:54,942 --> 00:16:57,942
Only good intentions that was

387
00:16:58,460 --> 00:17:00,147
then borne out to be good

388
00:17:00,147 --> 00:17:02,683
compromise and a good final mou

389
00:17:02,683 --> 00:17:05,683
that we have here today.

390
00:17:06,210 --> 00:17:08,756
Those at this dais might want to

391
00:17:08,756 --> 00:17:10,558
tell you reasons that they vote

392
00:17:10,558 --> 00:17:14,162
no today, but the fact of the

393
00:17:14,162 --> 00:17:17,762
matter is, is that as recently

394
00:17:19,600 --> 00:17:22,403
as three weeks ago, we had -- we

395
00:17:22,403 --> 00:17:23,771
had a majority approving this.

396
00:17:23,771 --> 00:17:25,606
This language specifically,

397
00:17:25,606 --> 00:17:26,700
which is why we printed it out

398
00:17:26,700 --> 00:17:28,700
this way.

399
00:17:28,743 --> 00:17:30,545
If we didn't have a majority

400
00:17:30,545 --> 00:17:32,246
approving this, I wouldn't have

401
00:17:32,246 --> 00:17:34,646
put pen to paper.

402
00:17:35,490 --> 00:17:36,717
So the proof is in the pudding.

403
00:17:36,717 --> 00:17:39,117
Using a alliteration here.

404
00:17:39,820 --> 00:17:41,322
Just the facts, I respect my

405
00:17:41,322 --> 00:17:42,323
clients and their votes, I

406
00:17:42,323 --> 00:17:45,323
respect everybody who came to

407
00:17:45,994 --> 00:17:48,529
the table, and arizona was just

408
00:17:48,529 --> 00:17:50,598
rated no. 22 for jobs in this

409
00:17:50,598 --> 00:17:53,668
country -- I'm sorry, as a state

410
00:17:53,668 --> 00:17:57,710
in this country, no. 22, and if

411
00:17:57,710 --> 00:18:00,307
we don't do what we need to do

412
00:18:00,307 --> 00:18:02,110
to create a regulatory

413
00:18:02,110 --> 00:18:04,510
environment not to be

414
00:18:04,646 --> 00:18:07,414
corporatist, but to have stable

415
00:18:07,414 --> 00:18:09,814
rules with a regulatory

416
00:18:09,951 --> 00:18:12,353
environment that does not crush

417
00:18:12,353 --> 00:18:13,955
entrepreneurism, then free

418
00:18:13,955 --> 00:18:14,589
enterprise is going to go

419
00:18:14,589 --> 00:18:15,890
elsewhere.

420
00:18:15,890 --> 00:18:17,890
They already are.

421
00:18:18,759 --> 00:18:22,496
This is our chance to make sure

422
00:18:22,496 --> 00:18:24,632
that we revive and recover a

423
00:18:24,632 --> 00:18:26,701
regulatory environment that I

424
00:18:26,701 --> 00:18:27,635
consider extremely conservative,

425
00:18:27,635 --> 00:18:30,710
extremely free market and make

426
00:18:30,710 --> 00:18:32,540
sure that we have stable rules

427
00:18:32,540 --> 00:18:35,430
so the entrepreneurs can go as

428
00:18:35,430 --> 00:18:36,912
far as their GOD-given talents

429
00:18:36,912 --> 00:18:37,612
take them and hire incredible

430
00:18:37,612 --> 00:18:39,447
people.

431
00:18:39,447 --> 00:18:40,582
With that, MADAM Mayor.

432
00:18:40,582 --> 00:18:41,815
>> Mayor Borowsky: thank you,

433
00:18:41,815 --> 00:18:42,484
COUNCILWOMAN Whitehead.

434
00:18:42,484 --> 00:18:43,918
>> Councilmember Whitehead: woul

435
00:18:43,918 --> 00:18:45,520
d it be possible to have the

436
00:18:45,520 --> 00:18:48,520
public speakers come up before

437
00:18:50,358 --> 00:18:52,930
the rest of us speak.

438
00:18:52,930 --> 00:18:53,494
>> Mayor Borowsky: absolutely.

439
00:18:53,494 --> 00:18:55,960
Exact same thing, this could

440
00:18:55,960 --> 00:18:57,965
turn into a long discussion.

441
00:18:57,965 --> 00:18:59,867
So let's have andrew wholeman

442
00:18:59,867 --> 00:19:02,867
followed by barbara burns and

443
00:19:18,586 --> 00:19:20,586
dan isaac.

444
00:19:21,322 --> 00:19:24,922
>> anybody know how to turn this

445
00:19:40,308 --> 00:19:42,308
on?

446
00:19:43,111 --> 00:19:45,111
Sorry.

447
00:19:46,547 --> 00:19:49,216
I'll leave that part of it.

448
00:19:49,216 --> 00:19:51,353
Here we go, got it.

449
00:19:51,353 --> 00:19:53,353
Good evening.

450
00:19:54,356 --> 00:19:57,240
Mayor, council members, before i

451
00:19:57,240 --> 00:19:59,861
get started, did anybody notice

452
00:19:59,861 --> 00:20:01,329
the smell in the room?

453
00:20:01,329 --> 00:20:03,665
It's -- I don't think it's the

454
00:20:03,665 --> 00:20:05,660
room, I think it's the process

455
00:20:05,660 --> 00:20:05,567
because something really stinks

456
00:20:05,567 --> 00:20:07,567
here.

457
00:20:08,136 --> 00:20:09,360
Because when a deal arrives this

458
00:20:09,360 --> 00:20:10,739
polished, coordinated and

459
00:20:10,739 --> 00:20:13,139
insulated after weeks of

460
00:20:13,742 --> 00:20:14,242
executive sessions, the odor

461
00:20:14,242 --> 00:20:16,242
isn't subtle.

462
00:20:16,244 --> 00:20:17,512
It's the smell you get when

463
00:20:17,512 --> 00:20:20,348
transparency has been sealed in

464
00:20:20,348 --> 00:20:22,784
a back room for too long.

465
00:20:22,784 --> 00:20:25,553
We have been told this mou is

466
00:20:25,553 --> 00:20:27,953
merely an administrative act,

467
00:20:28,550 --> 00:20:30,391
that label isn't legally -- is

468
00:20:30,391 --> 00:20:32,293
an illegal necessity, it's a

469
00:20:32,293 --> 00:20:33,595
legal strategy, calling this

470
00:20:33,595 --> 00:20:34,996
administrative shields it

471
00:20:34,996 --> 00:20:36,996
against another referendum.

472
00:20:37,966 --> 00:20:39,330
That it is not a coincidence,

473
00:20:39,330 --> 00:20:40,669
that's a plan.

474
00:20:40,669 --> 00:20:41,736
And the clearest sign this

475
00:20:41,736 --> 00:20:43,305
agreement wasn't shaped by

476
00:20:43,305 --> 00:20:44,339
scottsdale is it was shaped by

477
00:20:44,339 --> 00:20:46,107
axon.

478
00:20:46,107 --> 00:20:47,241
You can see the fingerprints

479
00:20:47,241 --> 00:20:49,344
everywhere, the structure, the

480
00:20:49,344 --> 00:20:49,577
mou protects axon not the

481
00:20:49,577 --> 00:20:51,577
public.

482
00:20:51,613 --> 00:20:53,147
The foundation shows outside

483
00:20:53,147 --> 00:20:56,147
influence in places the public

484
00:20:56,284 --> 00:20:57,852
is not allowed to be.

485
00:20:57,852 --> 00:21:00,880
When binding development terms,

486
00:21:00,880 --> 00:21:01,456
zoning reversals, infrastructure

487
00:21:01,456 --> 00:21:03,240
commitments and oversight

488
00:21:03,240 --> 00:21:06,240
transfers are negotiated out of

489
00:21:06,862 --> 00:21:07,462
public view, then returns as a

490
00:21:07,462 --> 00:21:09,462
prepackage

491
00:21:09,798 --> 00:21:11,798
ed inevitability,

492
00:21:11,832 --> 00:21:13,635
that's legislative action hiding

493
00:21:13,635 --> 00:21:15,635
under another name.

494
00:21:16,370 --> 00:21:17,672
The self-certification ordinance

495
00:21:17,672 --> 00:21:19,574
doesn't streamline anything, it

496
00:21:19,574 --> 00:21:20,241
outsources the city's own

497
00:21:20,241 --> 00:21:21,910
permittings and inspection

498
00:21:21,910 --> 00:21:22,477
authority to a private

499
00:21:22,477 --> 00:21:24,178
corporation.

500
00:21:24,178 --> 00:21:25,614
Axon will pick its own

501
00:21:25,614 --> 00:21:27,615
inspectors, issue its own

502
00:21:27,615 --> 00:21:29,484
certificate, interpret its own

503
00:21:29,484 --> 00:21:31,119
compliance, and no other

504
00:21:31,119 --> 00:21:32,860
developer has ever been issued

505
00:21:32,860 --> 00:21:33,187
this power.

506
00:21:33,187 --> 00:21:34,489
It's ridiculous.

507
00:21:34,489 --> 00:21:37,325
Placing a litigation item last

508
00:21:37,325 --> 00:21:37,593
on the agenda is not an

509
00:21:37,593 --> 00:21:39,593
accident.

510
00:21:40,294 --> 00:21:41,462
The mou passes, first, the

511
00:21:41,462 --> 00:21:43,310
referendum becomes moot.

512
00:21:43,310 --> 00:21:45,431
That's not democracy, that's

513
00:21:46,501 --> 00:21:48,437
gaming the order of provisions.

514
00:21:48,437 --> 00:21:49,972
You're negotiating residential

515
00:21:49,972 --> 00:21:51,639
entitlements in the middle of an

516
00:21:51,639 --> 00:21:52,941
active regional water crisis,

517
00:21:52,941 --> 00:21:55,941
with the arizona department of

518
00:21:56,144 --> 00:21:56,712
water resources already halting

519
00:21:56,712 --> 00:21:58,380
groundwater dependent

520
00:21:58,380 --> 00:22:00,780
developments thousands of them

521
00:22:01,149 --> 00:22:03,151
and out of 1500 units, we are

522
00:22:03,151 --> 00:22:04,419
only allowing 38 affordable

523
00:22:04,419 --> 00:22:06,870
housing units.

524
00:22:06,870 --> 00:22:08,723
That's the bare minimum required

525
00:22:08,723 --> 00:22:11,590
by law, is that a good citizen

526
00:22:11,590 --> 00:22:12,527
of scottsdale, I don't think so.

527
00:22:12,527 --> 00:22:14,950
Ethical government requires

528
00:22:14,950 --> 00:22:16,950
transparency, independence,

529
00:22:16,398 --> 00:22:17,933
fairness and meaningful public

530
00:22:17,933 --> 00:22:18,867
participation, none of those are

531
00:22:18,867 --> 00:22:20,867
visible tonight.

532
00:22:20,969 --> 00:22:22,637
Please take the garbage out,

533
00:22:22,637 --> 00:22:24,239
give the city a process that

534
00:22:24,239 --> 00:22:25,507
doesn't smell like it was cooked

535
00:22:25,507 --> 00:22:27,142
weeks ago.

536
00:22:27,142 --> 00:22:29,444
And one other thing, I'd like to

537
00:22:29,444 --> 00:22:32,130
say, I'm a resident 40 years in

538
00:22:32,130 --> 00:22:34,349
the city, and it is shameful

539
00:22:34,349 --> 00:22:36,351
that axon takes the seat of

540
00:22:36,351 --> 00:22:39,530
people who actually live in this

541
00:22:39,530 --> 00:22:41,790
city and makes us stand while

542
00:22:41,790 --> 00:22:44,893
you come early on buses paid by

543
00:22:44,893 --> 00:22:45,426
your employer so that we have to

544
00:22:45,426 --> 00:22:46,829
stand.

545
00:22:46,829 --> 00:22:48,863
That is showing you how good of

546
00:22:48,863 --> 00:22:51,533
a citizen your company is.

547
00:22:51,533 --> 00:22:53,936
I would welcome axon here to be

548
00:22:53,936 --> 00:22:56,710
honest, but I am concerned the

549
00:22:56,710 --> 00:22:58,473
way they behave and I don't want

550
00:22:58,473 --> 00:23:01,376
the apartments, if there were

551
00:23:01,376 --> 00:23:03,376
400 apartments, 4 employees,

552
00:23:03,612 --> 00:23:04,846
guaranteed a low rate, you all

553
00:23:04,846 --> 00:23:07,148
deserve a good apartment rate, I

554
00:23:07,148 --> 00:23:07,882
would be 100 percent behind that

555
00:23:07,882 --> 00:23:09,117
that.

556
00:23:09,117 --> 00:23:10,585
This has nothing to do with

557
00:23:10,585 --> 00:23:12,985
employee housing or apartments,

558
00:23:13,789 --> 00:23:15,558
it whats to do with a plate of

559
00:23:15,558 --> 00:23:17,493
multi-family residential

560
00:23:17,493 --> 00:23:19,280
development, restaurants, a

561
00:23:19,280 --> 00:23:22,630
hotel, it has nothing to do with

562
00:23:22,630 --> 00:23:22,897
axon's actual primary business.

563
00:23:22,897 --> 00:23:25,297
>> Mayor Borowsky: thank you.

564
00:24:25,928 --> 00:24:27,396
Barbara burns.

565
00:24:27,396 --> 00:24:29,598
Westworld, tpc and the

566
00:24:29,598 --> 00:24:31,998
championship golf course, the

567
00:24:32,467 --> 00:24:33,602
princess hotel, hyatt at gainy

568
00:24:33,602 --> 00:24:35,602
ranch, scottsdale stadium

569
00:24:36,400 --> 00:24:38,404
rebuild and many others.

570
00:24:38,773 --> 00:24:41,773
All the projects had significant

571
00:24:44,790 --> 00:24:46,479
citizen opposition we spent

572
00:24:46,849 --> 00:24:48,617
hours listening to people,

573
00:24:48,617 --> 00:24:50,519
residents, but the various

574
00:24:50,519 --> 00:24:52,220
councils held firm in their

575
00:24:52,220 --> 00:24:54,656
beliefs and the -- that the

576
00:24:54,656 --> 00:24:56,191
projects had enormous economic

577
00:24:56,191 --> 00:24:57,593
development opportunities for

578
00:24:57,593 --> 00:24:59,593
the city.

579
00:25:00,462 --> 00:25:02,231
That would reach far into the

580
00:25:02,231 --> 00:25:03,999
future and today we are able to

581
00:25:03,999 --> 00:25:05,300
see that they were right on

582
00:25:05,300 --> 00:25:07,300
target.

583
00:25:08,637 --> 00:25:10,639
And it took a lot of bravery and

584
00:25:10,639 --> 00:25:11,240
courage to approve those

585
00:25:11,240 --> 00:25:13,240
projects.

586
00:25:14,877 --> 00:25:16,578
I consider axon as the signature

587
00:25:16,578 --> 00:25:18,113
project category.

588
00:25:18,113 --> 00:25:20,480
And as important, the city

589
00:25:20,480 --> 00:25:23,152
should not be allowing in state

590
00:25:23,152 --> 00:25:25,554
and out of state union activists

591
00:25:25,554 --> 00:25:29,154
dictating what is built in our

592
00:25:29,257 --> 00:25:32,127
community arizona is a right to

593
00:25:32,127 --> 00:25:32,528
work state and we should uphold

594
00:25:32,528 --> 00:25:34,528
this law.

595
00:25:35,397 --> 00:25:36,832
On reflectioning of the

596
00:25:36,832 --> 00:25:38,633
referendum question was

597
00:25:38,633 --> 00:25:40,633
misleading and confusing.

598
00:25:42,804 --> 00:25:45,474
I even signed the petition, not

599
00:25:45,474 --> 00:25:46,908
recognizing it's deceptive

600
00:25:46,908 --> 00:25:48,430
nature until further researched

601
00:25:48,430 --> 00:25:50,430
and reviewed.

602
00:25:50,679 --> 00:25:53,214
I was approached at the farmer's

603
00:25:53,214 --> 00:25:54,883
market and whoever the petition

604
00:25:54,883 --> 00:25:55,884
person was said -- are we

605
00:25:55,884 --> 00:25:57,352
against all these apartments

606
00:25:57,352 --> 00:25:59,210
that have been built in

607
00:25:59,210 --> 00:26:00,789
scottsdale, and I was, I think

608
00:26:00,789 --> 00:26:02,591
there's been a lot of big box

609
00:26:02,591 --> 00:26:03,959
bad apartments that have been

610
00:26:03,959 --> 00:26:05,959
built here.

611
00:26:06,829 --> 00:26:08,397
I signed the petition, and then

612
00:26:08,397 --> 00:26:10,398
my be husband was with me, like

613
00:26:10,398 --> 00:26:11,867
a good husband, he signed the

614
00:26:11,867 --> 00:26:13,867
petition too.

615
00:26:14,303 --> 00:26:16,505
So there are two signatures on

616
00:26:16,505 --> 00:26:17,440
there that in hindsight we

617
00:26:17,440 --> 00:26:19,440
wouldn't have done.

618
00:26:20,443 --> 00:26:22,110
And I feel that both of us were

619
00:26:22,110 --> 00:26:25,413
duped, and I also feel that I

620
00:26:25,413 --> 00:26:28,417
was lied to, which I'm not happy

621
00:26:28,417 --> 00:26:30,417
about in retrospect.

622
00:26:31,820 --> 00:26:32,955
Axon is an international cutting

623
00:26:32,955 --> 00:26:35,355
edge corporation, we are

624
00:26:35,958 --> 00:26:38,958
fortunate to have in scottsdale

625
00:26:43,165 --> 00:26:44,400
since 1993 its net worth is

626
00:26:44,400 --> 00:26:46,400
$43 billion with revenues

627
00:26:47,736 --> 00:26:50,105
projected to be 27-point --

628
00:26:50,105 --> 00:26:52,441
2.7 billion and axon's desire is

629
00:26:52,441 --> 00:26:54,777
to build a world class

630
00:26:54,777 --> 00:26:56,746
headquarters, which will be

631
00:26:56,746 --> 00:26:59,746
another jewel and an economic

632
00:27:01,150 --> 00:27:03,352
engine for scottsdale's crown.

633
00:27:03,352 --> 00:27:05,821
And they have been great citizen

634
00:27:05,821 --> 00:27:06,922
citizens and expansion only

635
00:27:06,922 --> 00:27:08,922
increased that value.

636
00:27:09,792 --> 00:27:11,590
It would be sad to lose axon to

637
00:27:11,590 --> 00:27:13,596
another entity as we did with

638
00:27:13,596 --> 00:27:14,396
the mayo hospital campus, going

639
00:27:14,396 --> 00:27:16,396
to phoenix.

640
00:27:16,598 --> 00:27:19,267
So in conclusion, I encourage

641
00:27:19,267 --> 00:27:21,804
the mayor and council to approve

642
00:27:21,804 --> 00:27:23,172
the mou and quit wasting

643
00:27:23,172 --> 00:27:26,141
valuable time because time is

644
00:27:26,141 --> 00:27:27,209
money for all of us.

645
00:27:27,209 --> 00:27:28,210
>> Mayor Borowsky: thank you.

646
00:27:28,210 --> 00:27:30,210
Dan isaac.

647
00:27:33,490 --> 00:27:35,500
Followed by gail goalick and

648
00:27:35,500 --> 00:27:37,500
leslie lureman.

649
00:27:38,387 --> 00:27:40,523
>> dan isaac, address on record.

650
00:27:40,523 --> 00:27:42,424
I'm here asking the council to

651
00:27:42,424 --> 00:27:45,424
vote yes on the mou.

652
00:27:46,395 --> 00:27:48,397
And I echo many vice mayor

653
00:27:48,397 --> 00:27:50,990
kwasman's comments about why the

654
00:27:50,990 --> 00:27:52,990
city should.

655
00:27:53,869 --> 00:27:56,505
But let's be clear, we are here

656
00:27:56,505 --> 00:27:58,307
because bob littlefield, some

657
00:27:58,307 --> 00:27:59,976
short-sighted council members

658
00:27:59,976 --> 00:28:02,376
and their controlled city

659
00:28:06,982 --> 00:28:08,584
manager, denied residents the

660
00:28:08,584 --> 00:28:10,686
right to vote and denied axon

661
00:28:10,686 --> 00:28:14,286
the right to have a speedy

662
00:28:14,690 --> 00:28:17,260
resolution, and because of that

663
00:28:17,260 --> 00:28:19,426
denial, our state government,

664
00:28:19,461 --> 00:28:21,797
once again, overreached, like

665
00:28:21,797 --> 00:28:24,466
they did with short-term rentals

666
00:28:24,466 --> 00:28:26,702
and the adu's, like they did

667
00:28:26,702 --> 00:28:29,102
with adaptive reuse, school

668
00:28:29,105 --> 00:28:30,105
funding, the list goes on and on

669
00:28:30,105 --> 00:28:32,410
on.

670
00:28:32,410 --> 00:28:34,143
But we now have an agreement

671
00:28:34,143 --> 00:28:35,944
that's far less than what axon

672
00:28:35,944 --> 00:28:37,944
originally came to.

673
00:28:38,481 --> 00:28:39,649
Far less than what axon

674
00:28:39,649 --> 00:28:41,649
negotiated last DECEMBER.

675
00:28:42,852 --> 00:28:44,286
And it includes ownership

676
00:28:44,286 --> 00:28:46,686
opportunities, and more open

677
00:28:46,855 --> 00:28:50,192
space and more amenities for the

678
00:28:50,192 --> 00:28:52,294
city, it is a good compromise.

679
00:28:52,294 --> 00:28:55,294
More importantly, where will we

680
00:28:56,531 --> 00:28:59,501
be if this doesn't get approved?

681
00:28:59,501 --> 00:29:00,136
Well, there are only two

682
00:29:00,136 --> 00:29:02,136
futures.

683
00:29:05,740 --> 00:29:07,843
One is the taze lawsuit fails.

684
00:29:07,843 --> 00:29:09,845
If that lawsuit fails, then axon

685
00:29:09,845 --> 00:29:10,779
can pretty much do whatever the

686
00:29:10,779 --> 00:29:12,548
heck tey want.

687
00:29:12,548 --> 00:29:12,848
They're not limited to 1900

688
00:29:12,848 --> 00:29:14,483
apartments.

689
00:29:14,483 --> 00:29:16,485
I believe axon will be a good

690
00:29:16,485 --> 00:29:18,587
corporate citizen as they've

691
00:29:18,587 --> 00:29:19,989
demonstrated over the past and

692
00:29:19,989 --> 00:29:22,989
will comply with the originally

693
00:29:23,225 --> 00:29:24,827
approved plan, but they can what

694
00:29:24,827 --> 00:29:26,729
they want and we will have

695
00:29:26,729 --> 00:29:29,729
wasted valuable time and have

696
00:29:29,932 --> 00:29:32,332
1900, at least, instead of 750

697
00:29:32,935 --> 00:29:34,703
apartments, 750 condominiums.

698
00:29:34,703 --> 00:29:35,838
The other alternative is the

699
00:29:35,838 --> 00:29:37,838
lawsuit is successful.

700
00:29:38,807 --> 00:29:40,176
If that happens, axon

701
00:29:40,176 --> 00:29:42,576
potentially leaves the city.

702
00:29:43,479 --> 00:29:44,747
Taking hundreds of high-paying

703
00:29:44,747 --> 00:29:46,747
professional jobs.

704
00:29:48,250 --> 00:29:50,687
Having a multi billion dollar

705
00:29:50,687 --> 00:29:52,210
negative impact on the state and

706
00:29:52,210 --> 00:29:52,621
multi-million annual impact on

707
00:29:52,621 --> 00:29:54,560
our city.

708
00:29:54,560 --> 00:29:55,558
And they will then sell the

709
00:29:55,558 --> 00:29:57,960
property to a developer who is

710
00:29:57,960 --> 00:30:00,329
going to maximize their return.

711
00:30:00,329 --> 00:30:03,329
And instead of a beautiful

712
00:30:04,100 --> 00:30:06,302
campus, we will have a bunch of

713
00:30:06,302 --> 00:30:07,870
soulless boxes of warehouses and

714
00:30:07,870 --> 00:30:09,905
logistic centers which don't

715
00:30:09,905 --> 00:30:10,139
require a single change to our

716
00:30:10,139 --> 00:30:11,740
zoning.

717
00:30:11,740 --> 00:30:14,143
It might have less traffic, but

718
00:30:14,143 --> 00:30:17,143
it will have semi-trucks, light

719
00:30:17,312 --> 00:30:17,480
industrial trucks, 24 hours a

720
00:30:17,480 --> 00:30:19,348
day.

721
00:30:19,348 --> 00:30:21,584
That is not an improvement.

722
00:30:21,584 --> 00:30:24,860
And I want to reiterate, I do

723
00:30:24,860 --> 00:30:26,122
not understand on what planet,

724
00:30:26,122 --> 00:30:27,230
kathy littlefield, who is

725
00:30:27,230 --> 00:30:29,240
immediate family member is a

726
00:30:29,240 --> 00:30:31,560
party to a lawsuit against our

727
00:30:31,560 --> 00:30:31,761
city, is allowed to vote on

728
00:30:31,761 --> 00:30:33,761
this.

729
00:30:34,597 --> 00:30:35,731
And barry, I don't want to hear

730
00:30:35,731 --> 00:30:37,660
your opinion, you're not an

731
00:30:37,660 --> 00:30:38,534
attorney, there has been nothing

732
00:30:38,534 --> 00:30:39,802
documented saying there isn't a

733
00:30:39,802 --> 00:30:40,837
conflict of interest, since

734
00:30:40,837 --> 00:30:43,372
you're the only council member

735
00:30:43,372 --> 00:30:45,174
who have been proven guilty of

736
00:30:45,174 --> 00:30:47,430
violating ethics and lies on a

737
00:30:47,430 --> 00:30:49,111
regular basis, your opinion on

738
00:30:49,111 --> 00:30:50,947
the conflict is akin to jeffrey

739
00:30:50,947 --> 00:30:51,981
epstein commenting on consent.

740
00:30:51,981 --> 00:30:53,850
Thank you.

741
00:30:53,850 --> 00:30:55,517
>> Mayor Borowsky: thank you,

742
00:30:55,517 --> 00:30:57,517
dan.

743
00:30:58,421 --> 00:31:00,623
Gail goalick, followed by leslie

744
00:31:00,623 --> 00:31:02,358
lureman, tim lasota and last

745
00:31:02,358 --> 00:31:04,358
gabby hitchcock.

746
00:31:05,227 --> 00:31:05,594
>> MADAM Mayor, COUNCILMAN And

747
00:31:05,594 --> 00:31:07,594
women.

748
00:31:07,896 --> 00:31:10,432
I'm gail golic, resident of

749
00:31:10,432 --> 00:31:11,100
scottsdale and state

750
00:31:11,100 --> 00:31:12,201
committeemen.

751
00:31:12,201 --> 00:31:14,201
for ld3.

752
00:31:15,905 --> 00:31:17,707
I'm here to speak on this new

753
00:31:17,707 --> 00:31:19,707
mou.

754
00:31:20,143 --> 00:31:22,144
This mou eliminates axon's only

755
00:31:22,144 --> 00:31:23,713
water obligation, the

756
00:31:23,713 --> 00:31:25,514
requirement to transfer

757
00:31:25,514 --> 00:31:27,914
3,000-acre feet of long-term

758
00:31:28,450 --> 00:31:31,450
storage credits to the city.

759
00:31:32,489 --> 00:31:33,990
That 3,000 acres footage was the

760
00:31:33,990 --> 00:31:35,458
only water-related commitment

761
00:31:35,458 --> 00:31:37,460
attached to this project.

762
00:31:37,460 --> 00:31:39,896
You are now being asked to

763
00:31:39,896 --> 00:31:40,930
approve an mou without any

764
00:31:40,930 --> 00:31:42,198
requirements at -- water

765
00:31:42,198 --> 00:31:43,866
requirements at all.

766
00:31:43,866 --> 00:31:46,836
But even more important is what

767
00:31:46,836 --> 00:31:49,472
the city has already admitted to

768
00:31:49,472 --> 00:31:51,273
me in writing, and the city's

769
00:31:51,273 --> 00:31:53,673
official petition response dated

770
00:31:54,430 --> 00:31:56,430
NOVEMBER 4, 2025, scottsdale

771
00:31:56,912 --> 00:31:58,481
confirmed the city has no

772
00:31:58,481 --> 00:32:00,881
documentation showing where the

773
00:32:00,917 --> 00:32:01,450
water for this project will come

774
00:32:01,450 --> 00:32:03,450
from.

775
00:32:04,820 --> 00:32:08,420
The city has no 100-year water

776
00:32:08,457 --> 00:32:10,126
calculations, the city has no

777
00:32:10,126 --> 00:32:10,860
current water portfolio analysis

778
00:32:10,860 --> 00:32:12,860
on file.

779
00:32:13,396 --> 00:32:16,396
The city has no enforceable

780
00:32:16,833 --> 00:32:18,301
water commitments from axon.

781
00:32:18,301 --> 00:32:20,169
Although I wrote this and

782
00:32:20,169 --> 00:32:22,772
understand that axon is no

783
00:32:22,772 --> 00:32:25,741
longer required to do this, so

784
00:32:25,741 --> 00:32:27,643
this -- city -- the city of

785
00:32:27,643 --> 00:32:29,110
scottsdale is required as a

786
00:32:29,110 --> 00:32:30,246
designated water source to

787
00:32:30,246 --> 00:32:32,246
provide this information.

788
00:32:33,450 --> 00:32:35,685
And the city is relying on the

789
00:32:35,685 --> 00:32:37,587
2013 analysis and the supporting

790
00:32:37,587 --> 00:32:39,456
documentation is not in the

791
00:32:39,456 --> 00:32:41,291
city's possession, and if it is,

792
00:32:41,291 --> 00:32:43,726
they are not providing it to me.

793
00:32:43,726 --> 00:32:45,428
This is not speculation, these

794
00:32:45,428 --> 00:32:47,290
are by your own city manager's

795
00:32:47,290 --> 00:32:48,698
written admissions, so today the

796
00:32:48,698 --> 00:32:50,800
council is being asked to remove

797
00:32:50,800 --> 00:32:52,368
axon's only water obligation

798
00:32:52,368 --> 00:32:54,371
while the city is already

799
00:32:54,371 --> 00:32:56,273
acknowledged it has zero

800
00:32:56,273 --> 00:32:58,108
documentation showing the

801
00:32:58,108 --> 00:32:58,374
100-year water supply for this

802
00:32:58,374 --> 00:33:00,374
document.

803
00:33:00,710 --> 00:33:03,479
As that directly conflicts with

804
00:33:03,479 --> 00:33:05,815
ars, which requires a

805
00:33:05,815 --> 00:33:07,815
demonstrated 100-year assured

806
00:33:08,151 --> 00:33:09,185
water supply before the city

807
00:33:09,185 --> 00:33:11,585
enters into the development

808
00:33:11,621 --> 00:33:12,788
agreements, zoning approvals are

809
00:33:12,788 --> 00:33:15,188
or any development action.

810
00:33:16,158 --> 00:33:18,161
Under that statute, scottsdale

811
00:33:18,161 --> 00:33:18,861
cannot lawfully approve this

812
00:33:18,861 --> 00:33:20,861
mou.

813
00:33:21,397 --> 00:33:23,320
You cannot lawfully modify the

814
00:33:23,320 --> 00:33:24,834
development class or restructure

815
00:33:24,834 --> 00:33:26,302
obligations.

816
00:33:26,302 --> 00:33:28,702
Without first providing the

817
00:33:28,871 --> 00:33:31,271
public with identified water

818
00:33:31,474 --> 00:33:33,474
sources, 100-year demand

819
00:33:33,610 --> 00:33:34,944
modelling, any binding water

820
00:33:34,944 --> 00:33:36,944
commitments and confirmation

821
00:33:37,947 --> 00:33:40,650
from the adwr that this project

822
00:33:40,650 --> 00:33:42,552
fits within scottsdale's daws.

823
00:33:42,552 --> 00:33:44,454
None of that exists today.

824
00:33:44,454 --> 00:33:46,455
And the city has already

825
00:33:46,455 --> 00:33:48,791
admitted it does not exist.

826
00:33:48,791 --> 00:33:50,794
Therefore, a yes vote on agenda

827
00:33:50,794 --> 00:33:53,794
item 2 would be taken in

828
00:33:56,198 --> 00:33:57,467
violation of ars45-576.

829
00:33:57,467 --> 00:33:59,836
Two knowingly advance a project

830
00:33:59,836 --> 00:34:01,204
with no demonstrated 100-year

831
00:34:01,204 --> 00:34:02,638
water supply and it would be

832
00:34:02,638 --> 00:34:04,741
legally will challengeable and

833
00:34:04,741 --> 00:34:05,708
subject to review by the arizona

834
00:34:05,708 --> 00:34:06,977
department of

835
00:34:06,977 --> 00:34:08,977
water resources.

836
00:34:09,445 --> 00:34:11,748
I urge you to vote no until the

837
00:34:11,748 --> 00:34:14,148
city produces the documentation

838
00:34:14,651 --> 00:34:16,651
required by law.

839
00:34:18,880 --> 00:34:19,656
I realize that things can, you

840
00:34:19,656 --> 00:34:22,656
know, happen actually in the

841
00:34:22,859 --> 00:34:24,528
background and you guys can come

842
00:34:24,528 --> 00:34:26,763
up with documents, but the

843
00:34:26,763 --> 00:34:29,763
reality is that no documents

844
00:34:30,935 --> 00:34:32,635
have been provided, and if you

845
00:34:32,635 --> 00:34:34,304
can get the documents that

846
00:34:34,304 --> 00:34:35,104
proves they have the water, go

847
00:34:35,104 --> 00:34:37,730
for it.

848
00:34:37,730 --> 00:34:38,474
Follow the law, you have an

849
00:34:38,474 --> 00:34:40,476
obligation to uphold the law as

850
00:34:40,476 --> 00:34:41,277
council members.

851
00:34:41,277 --> 00:34:43,677
>> Mayor Borowsky: thank you.

852
00:34:57,940 --> 00:34:59,940
Leslie lureman.

853
00:34:59,696 --> 00:35:00,697
>> thank you, mayor and city

854
00:35:00,697 --> 00:35:02,697
council.

855
00:35:03,467 --> 00:35:06,369
My name is leslie lureman, and

856
00:35:06,369 --> 00:35:08,137
I'm a board member at

857
00:35:08,137 --> 00:35:10,373
scottsdale's stone brook ii.

858
00:35:10,373 --> 00:35:12,420
Of course in order to be on the

859
00:35:12,420 --> 00:35:14,678
board I need to own a property

860
00:35:14,678 --> 00:35:16,479
there, and we do, but I need to

861
00:35:16,479 --> 00:35:19,150
make it clear that I'm speaking

862
00:35:19,150 --> 00:35:20,584
on behalf of myself as a

863
00:35:20,584 --> 00:35:22,152
homeowner and not for the board

864
00:35:22,152 --> 00:35:24,152
of directors.

865
00:35:24,187 --> 00:35:25,955
We haven't taken, we haven't

866
00:35:25,955 --> 00:35:28,955
polled the community and we

867
00:35:29,250 --> 00:35:31,428
don't know what every community

868
00:35:31,428 --> 00:35:33,397
member thinks, and so it

869
00:35:33,397 --> 00:35:34,664
wouldn't be right for me to say

870
00:35:34,664 --> 00:35:36,866
I represent all of them.

871
00:35:36,866 --> 00:35:41,660
But I can say that I've been

872
00:35:41,171 --> 00:35:42,839
here before, concerned about the

873
00:35:42,839 --> 00:35:44,507
residential density.

874
00:35:44,507 --> 00:35:46,810
I can't believe how much time

875
00:35:46,810 --> 00:35:49,112
has been invested in this

876
00:35:49,112 --> 00:35:50,914
process, I think I was naive

877
00:35:50,914 --> 00:35:51,248
about the whole political

878
00:35:51,248 --> 00:35:52,849
process.

879
00:35:52,849 --> 00:35:55,385
In addition, there are legal

880
00:35:55,385 --> 00:35:57,530
matters that need to be

881
00:35:57,530 --> 00:35:58,888
resolved, I'm not even going to

882
00:35:58,888 --> 00:36:00,888
speak to that.

883
00:36:01,492 --> 00:36:03,293
Nor am I here to request

884
00:36:03,293 --> 00:36:05,195
lowering the density.

885
00:36:05,195 --> 00:36:07,931
I think that the group that has

886
00:36:07,931 --> 00:36:09,833
been meeting with axon has

887
00:36:09,833 --> 00:36:11,334
accomplished as much as they

888
00:36:11,334 --> 00:36:13,300
possibly can.

889
00:36:13,300 --> 00:36:13,603
Remember it's a two-way

890
00:36:13,603 --> 00:36:15,603
negotiation.

891
00:36:15,939 --> 00:36:17,941
You can't just keep saying no,

892
00:36:17,941 --> 00:36:18,475
we only want 500 residential

893
00:36:18,475 --> 00:36:20,475
units.

894
00:36:20,977 --> 00:36:24,447
There has to be a compromise,

895
00:36:24,447 --> 00:36:26,649
and I give axon credit for the

896
00:36:26,649 --> 00:36:29,490
concessions it has made.

897
00:36:30,487 --> 00:36:31,321
They have in many areas dug

898
00:36:31,321 --> 00:36:32,422
deeply.

899
00:36:32,422 --> 00:36:35,393
I think everybody has heard the

900
00:36:35,393 --> 00:36:36,960
saying that the end of a

901
00:36:36,960 --> 00:36:38,328
successful negotiation leaves

902
00:36:38,328 --> 00:36:40,328
everyone unhappy.

903
00:36:40,864 --> 00:36:41,731
And I think that's the case

904
00:36:41,731 --> 00:36:43,731
here.

905
00:36:46,336 --> 00:36:47,570
My reason for being here is to

906
00:36:47,570 --> 00:36:49,472
remind everyone of some

907
00:36:49,472 --> 00:36:51,472
specifically negotiated

908
00:36:52,342 --> 00:36:54,478
concessions on the part of axon.

909
00:36:54,478 --> 00:36:56,246
They aren't listed, that doesn't

910
00:36:56,246 --> 00:36:56,646
mean you don't intend to include

911
00:36:56,646 --> 00:36:58,282
them.

912
00:36:58,282 --> 00:37:00,450
I just haven't seen any

913
00:37:00,450 --> 00:37:02,450
reassuring sign.

914
00:37:03,319 --> 00:37:06,190
So here are the three things I'd

915
00:37:06,190 --> 00:37:09,190
like you not to forget.

916
00:37:09,959 --> 00:37:12,796
Ensuring that axon workers and

917
00:37:12,796 --> 00:37:15,566
visitors don't have access --

918
00:37:15,566 --> 00:37:18,566
direct acess into their campus

919
00:37:19,769 --> 00:37:20,470
from either mayo/union hills or

920
00:37:20,470 --> 00:37:22,470
82nd street.

921
00:37:23,240 --> 00:37:26,943
The last plan I saw had that

922
00:37:26,943 --> 00:37:27,144
blocked off with a tall planted

923
00:37:27,144 --> 00:37:29,144
berm.

924
00:37:31,781 --> 00:37:33,983
The other is moving the tallest

925
00:37:33,983 --> 00:37:35,118
buildings away from the

926
00:37:35,118 --> 00:37:37,118
residential development, these

927
00:37:37,888 --> 00:37:39,490
are all single family homes,

928
00:37:39,490 --> 00:37:41,490
about 175 of them.

929
00:37:42,493 --> 00:37:44,461
And no one wants people in the

930
00:37:44,461 --> 00:37:47,300
tall buildings looking in their

931
00:37:47,300 --> 00:37:50,300
backyard or their back windows.

932
00:37:50,467 --> 00:37:53,736
And the last is creating a wide,

933
00:37:53,736 --> 00:37:55,439
tall planted berm to provide

934
00:37:55,439 --> 00:37:58,842
privacy, and that would be along

935
00:37:58,842 --> 00:37:59,276
the north side of mayo/union

936
00:37:59,276 --> 00:38:01,276
hills.

937
00:38:02,712 --> 00:38:06,950
So I want to look you in the eye

938
00:38:06,950 --> 00:38:08,852
and say, axon, mayor, city

939
00:38:08,852 --> 00:38:10,554
council members, we are asking

940
00:38:10,554 --> 00:38:11,922
you to honor those commitments.

941
00:38:11,922 --> 00:38:12,689
Thank you.

942
00:38:12,689 --> 00:38:13,757
>> Mayor Borowsky: thank you

943
00:38:13,757 --> 00:38:15,757
very much.

944
00:38:20,363 --> 00:38:22,363
Tim lesota.

945
00:38:22,565 --> 00:38:24,565
>> good afternoon, mayor,

946
00:38:25,535 --> 00:38:27,971
memberses of council, I'm tim

947
00:38:27,971 --> 00:38:30,473
lesota on behalf of taxpayers

948
00:38:30,473 --> 00:38:31,508
against awful zoning exemptions.

949
00:38:31,508 --> 00:38:33,510
I urge a no vote.

950
00:38:33,510 --> 00:38:34,111
I want to talk about the

951
00:38:34,111 --> 00:38:35,979
referendum.

952
00:38:35,979 --> 00:38:37,947
We have kind of heard some words

953
00:38:37,947 --> 00:38:40,150
of what I would call the

954
00:38:40,150 --> 00:38:41,317
defeated arguments against the

955
00:38:41,317 --> 00:38:43,317
referendum.

956
00:38:43,520 --> 00:38:44,654
Out of state money, union

957
00:38:44,654 --> 00:38:45,989
interests, those are all the

958
00:38:45,989 --> 00:38:47,357
arguments that have been made

959
00:38:47,357 --> 00:38:49,326
already, they already failed and

960
00:38:49,326 --> 00:38:50,694
that's what people say when they

961
00:38:50,694 --> 00:38:52,694
lose the argument.

962
00:38:52,862 --> 00:38:54,131
Is they -- they say, well, it

963
00:38:54,131 --> 00:38:56,966
was this or it was that.

964
00:38:56,966 --> 00:38:57,138
It was unfair, someone misled

965
00:38:57,138 --> 00:38:57,701
me.

966
00:38:57,701 --> 00:38:59,701
Not true.

967
00:38:59,736 --> 00:39:00,360
I helped draft the language for

968
00:39:00,360 --> 00:39:02,360
it, myself.

969
00:39:02,238 --> 00:39:04,374
It was perfectly honest and it

970
00:39:04,374 --> 00:39:06,374
got 27,000 signatures.

971
00:39:06,644 --> 00:39:08,278
And that is no small feat.

972
00:39:08,278 --> 00:39:09,613
I know all of you carry those

973
00:39:09,613 --> 00:39:11,140
clipboards around and get

974
00:39:11,140 --> 00:39:12,283
signatures from voters.

975
00:39:12,283 --> 00:39:14,584
It's not that easy.

976
00:39:14,584 --> 00:39:15,719
So that is a huge

977
00:39:15,719 --> 00:39:16,887
accomplishment, and it should

978
00:39:16,887 --> 00:39:18,755
count for something.

979
00:39:18,755 --> 00:39:19,690
It should be honored by the

980
00:39:19,690 --> 00:39:21,658
council, the council should

981
00:39:21,658 --> 00:39:24,610
fight for the voters and fight

982
00:39:24,610 --> 00:39:27,464
for their right to be heard.

983
00:39:27,464 --> 00:39:30,333
In terms of this -- it looks

984
00:39:30,333 --> 00:39:32,770
like with this mou and the item

985
00:39:32,770 --> 00:39:34,238
no. 3, the self-certification

986
00:39:34,238 --> 00:39:35,473
program, it looks like the

987
00:39:35,473 --> 00:39:36,941
council would be following suit

988
00:39:36,941 --> 00:39:38,843
with what the arizona

989
00:39:38,843 --> 00:39:40,177
legislature did, and the arizona

990
00:39:40,177 --> 00:39:42,577
legislature decided they would

991
00:39:42,712 --> 00:39:44,448
create a special law for one

992
00:39:44,448 --> 00:39:45,749
cmpany, and that was an

993
00:39:45,749 --> 00:39:47,749
extremely disappointing, dark

994
00:39:47,751 --> 00:39:48,452
day, I think, for our

995
00:39:48,452 --> 00:39:49,820
legislature.

996
00:39:49,820 --> 00:39:50,654
I don't think that should happen

997
00:39:50,654 --> 00:39:52,556
here in scottsdale.

998
00:39:52,556 --> 00:39:54,910
I think that's exactly the wrong

999
00:39:54,910 --> 00:39:55,993
thing to do, and I know there's

1000
00:39:55,993 --> 00:39:57,327
a lot of talk about density, the

1001
00:39:57,327 --> 00:39:59,296
number is too high, but that's

1002
00:39:59,296 --> 00:40:00,831
going to be remarked on a lot.

1003
00:40:00,831 --> 00:40:02,499
But I think more than anything,

1004
00:40:02,499 --> 00:40:05,350
the thing that just stands out

1005
00:40:05,350 --> 00:40:07,638
to me is now we have this

1006
00:40:07,638 --> 00:40:09,638
self-certification program.

1007
00:40:10,730 --> 00:40:11,107
We have the axon statute and the

1008
00:40:11,107 --> 00:40:13,107
axon ordinance.

1009
00:40:13,410 --> 00:40:15,513
City of phoenix, write live has

1010
00:40:15,513 --> 00:40:17,114
had a self certification program

1011
00:40:17,114 --> 00:40:18,883
for many years.

1012
00:40:18,883 --> 00:40:20,651
A lot of people like it, gets

1013
00:40:20,651 --> 00:40:21,952
some good reviews, but not

1014
00:40:21,952 --> 00:40:23,753
limited to one company.

1015
00:40:23,753 --> 00:40:26,123
Anyone can use it.

1016
00:40:26,123 --> 00:40:27,758
I've never really heard of just

1017
00:40:27,758 --> 00:40:29,326
saying, we are going to

1018
00:40:29,326 --> 00:40:31,726
implement this entire new

1019
00:40:32,950 --> 00:40:34,495
program for one company.

1020
00:40:35,299 --> 00:40:36,834
So I think at the end of the

1021
00:40:36,834 --> 00:40:38,302
day, this is more of what we

1022
00:40:38,302 --> 00:40:40,303
have seen already, and that's

1023
00:40:40,303 --> 00:40:42,539
when axon does not get its way,

1024
00:40:42,539 --> 00:40:44,700
it demands to be treated in a

1025
00:40:44,700 --> 00:40:44,875
special way that nobody else is

1026
00:40:44,875 --> 00:40:46,875
treated.

1027
00:40:47,444 --> 00:40:49,212
I would urge a no vote on 2 and

1028
00:40:49,212 --> 00:40:52,212
3, and I think scottsdale needs

1029
00:40:54,510 --> 00:40:55,853
to fight for its ability to have -- to be able to determine

1030
00:40:55,853 --> 00:40:58,822
its destiny and not have that

1031
00:40:58,822 --> 00:41:00,591
dictated by -- legally in my

1032
00:41:00,591 --> 00:41:02,526
mine, but I'll talk on agenda

1033
00:41:02,526 --> 00:41:04,461
item 5 in a few minutes, illegal

1034
00:41:04,461 --> 00:41:04,961
illegally by the arizona

1035
00:41:04,961 --> 00:41:06,960
legislature.

1036
00:41:06,960 --> 00:41:08,496
>> Mayor Borowsky: thank you,

1037
00:41:09,132 --> 00:41:12,132
gabby hitchcock and then josh

1038
00:41:14,738 --> 00:41:16,738
izer.

1039
00:41:16,807 --> 00:41:18,309
>> I'm gabby hitchcock a

1040
00:41:18,309 --> 00:41:20,309
resident of scottsdale.

1041
00:41:20,377 --> 00:41:21,378
City council members, you had an

1042
00:41:21,378 --> 00:41:24,378
extra meeting today just to

1043
00:41:24,481 --> 00:41:26,500
repeal an ordinance backed by

1044
00:41:26,500 --> 00:41:28,185
26,000, but looks like it's much

1045
00:41:28,185 --> 00:41:29,753
more than that, and the petition

1046
00:41:29,753 --> 00:41:31,989
signatures and replace it with

1047
00:41:31,989 --> 00:41:33,790
one that gives axon everything

1048
00:41:33,790 --> 00:41:35,992
it wants, it shows you are

1049
00:41:35,992 --> 00:41:36,527
acting against the citizens you

1050
00:41:36,527 --> 00:41:37,795
represent.

1051
00:41:37,795 --> 00:41:39,230
scottsdale voters have already

1052
00:41:39,230 --> 00:41:41,264
removed council members for

1053
00:41:41,264 --> 00:41:41,765
approving smaller projects than

1054
00:41:41,765 --> 00:41:43,765
this.

1055
00:41:43,867 --> 00:41:45,769
I MAY have made a mistake in my

1056
00:41:45,769 --> 00:41:47,769
votes.

1057
00:41:47,971 --> 00:41:50,207
Reject this giveaway, protect

1058
00:41:50,207 --> 00:41:53,207
our city's character and join

1059
00:41:53,310 --> 00:41:55,413
the lawsuit to defend our right

1060
00:41:55,413 --> 00:41:56,447
of referendum.

1061
00:41:56,447 --> 00:41:58,847
Scottsdale belongs to the

1062
00:41:59,383 --> 00:42:01,383
citizens.

1063
00:42:01,752 --> 00:42:03,752
Not to axon.

1064
00:42:04,454 --> 00:42:05,289
>> Mayor Borowsky: thank you.

1065
00:42:05,289 --> 00:42:06,924
Josh izner.

1066
00:42:06,924 --> 00:42:11,124
>> can we get this to work on

1067
00:42:12,230 --> 00:42:14,130
this side here?

1068
00:42:14,130 --> 00:42:16,833
MADAM Mother, council, nice to

1069
00:42:16,833 --> 00:42:18,350
see you again.

1070
00:42:18,350 --> 00:42:19,169
MR. Kwasman, vice mayor, thank

1071
00:42:19,169 --> 00:42:20,738
you very much for your

1072
00:42:20,738 --> 00:42:22,738
statements already.

1073
00:42:23,340 --> 00:42:25,542
Mayor, you posted two hours ago

1074
00:42:25,542 --> 00:42:27,277
that you wanted us to arrive at

1075
00:42:27,277 --> 00:42:29,677
a deal with taze.

1076
00:42:30,481 --> 00:42:31,415
This is a text from their

1077
00:42:31,415 --> 00:42:33,283
representatives this morning.

1078
00:42:33,283 --> 00:42:34,785
We did not agree to 500 units

1079
00:42:34,785 --> 00:42:36,785
over the weekend.

1080
00:42:37,320 --> 00:42:39,356
They came back and they panicked

1081
00:42:39,356 --> 00:42:40,925
and proposed us this deal.

1082
00:42:40,925 --> 00:42:42,927
So mayor, if you want us to

1083
00:42:42,927 --> 00:42:44,228
agree to this deal with them,

1084
00:42:44,228 --> 00:42:46,864
it's right in front of you, make

1085
00:42:46,864 --> 00:42:47,531
the motion for 700 units instead

1086
00:42:47,531 --> 00:42:49,333
of 750.

1087
00:42:49,333 --> 00:42:51,335
We'll agree to the 60 months on

1088
00:42:51,335 --> 00:42:52,703
the next 200 and we have a deal.

1089
00:42:52,703 --> 00:42:54,605
That's what you asked for and we

1090
00:42:54,605 --> 00:42:57,740
are willing to do that deal.

1091
00:42:57,740 --> 00:42:59,760
What we're not willing to do is

1092
00:42:59,760 --> 00:43:00,770
let them parade around in their

1093
00:43:00,770 --> 00:43:01,812
self-righteous fashion, saying

1094
00:43:01,812 --> 00:43:03,714
we cancelled an election and all

1095
00:43:03,714 --> 00:43:05,480
this other stuff when they are

1096
00:43:05,480 --> 00:43:08,252
proposing a deal that I have

1097
00:43:08,252 --> 00:43:10,687
here that I can prove to you is

1098
00:43:10,687 --> 00:43:11,880
from them that will cancel the

1099
00:43:11,880 --> 00:43:12,456
election.

1100
00:43:12,456 --> 00:43:14,558
Let's forget that narrative

1101
00:43:14,558 --> 00:43:16,460
moving forward, it is patently

1102
00:43:16,460 --> 00:43:17,394
false, they do not care about

1103
00:43:17,394 --> 00:43:19,394
the election.

1104
00:43:19,430 --> 00:43:21,650
They are so panicked we are

1105
00:43:21,650 --> 00:43:23,200
going to beat them in court and

1106
00:43:23,200 --> 00:43:24,568
go to the state legislature as

1107
00:43:24,568 --> 00:43:26,968
MR. Kwasman just articulated

1108
00:43:27,304 --> 00:43:28,873
that they are willing to walk

1109
00:43:28,873 --> 00:43:32,476
away from all of this over the

1110
00:43:32,476 --> 00:43:33,477
last two years over a 50-unit

1111
00:43:33,477 --> 00:43:33,977
reduction.

1112
00:43:33,977 --> 00:43:35,312
Okay.

1113
00:43:35,312 --> 00:43:35,679
So that's the deal they've

1114
00:43:35,679 --> 00:43:37,480
proposed.

1115
00:43:37,480 --> 00:43:38,516
We are willing to do it, it's

1116
00:43:38,516 --> 00:43:39,950
exactly what you asked for,

1117
00:43:39,950 --> 00:43:41,418
mayor, all you have to do is

1118
00:43:41,418 --> 00:43:43,354
motion to update the numbers and

1119
00:43:43,354 --> 00:43:46,900
we will agree to it right here.

1120
00:43:46,900 --> 00:43:47,992
The second thing I'll say is,

1121
00:43:47,992 --> 00:43:48,926
MISS Littlefield, ad mire you,

1122
00:43:48,926 --> 00:43:50,461
you've been great to our

1123
00:43:50,461 --> 00:43:52,463
community where I live for years

1124
00:43:52,463 --> 00:43:54,598
and years as a member of the

1125
00:43:54,598 --> 00:43:57,468
drv, you were very good to us in

1126
00:43:57,468 --> 00:43:59,360
a dispute with our home or's

1127
00:43:59,360 --> 00:44:01,380
association, but your husband

1128
00:44:01,380 --> 00:44:04,638
stood up out front of council,

1129
00:44:04,675 --> 00:44:07,645
after the last vote, and said my

1130
00:44:07,645 --> 00:44:09,120
case will be stronger if the

1131
00:44:09,120 --> 00:44:11,412
city joins this election.

1132
00:44:11,815 --> 00:44:13,951
That's what he said on tv.

1133
00:44:13,951 --> 00:44:15,620
I don't understand how anyone on

1134
00:44:15,620 --> 00:44:17,188
this earth could deem it

1135
00:44:17,188 --> 00:44:18,522
appropriate, knowing it's your

1136
00:44:18,522 --> 00:44:21,192
husband who is already a party

1137
00:44:21,192 --> 00:44:22,859
to the suit to say you should be

1138
00:44:22,859 --> 00:44:23,260
voting to join that same

1139
00:44:23,260 --> 00:44:25,260
lawsuit.

1140
00:44:25,596 --> 00:44:28,366
I just don't think that is fair,

1141
00:44:28,366 --> 00:44:29,700
I don't -- I have tremendous

1142
00:44:29,700 --> 00:44:31,935
respect for you and the service

1143
00:44:31,935 --> 00:44:34,271
you have put forward toward this

1144
00:44:34,271 --> 00:44:34,772
city, but I do not think that is

1145
00:44:34,772 --> 00:44:36,772
fair.

1146
00:44:36,807 --> 00:44:37,841
Thank you very much.

1147
00:44:37,841 --> 00:44:40,177
>> Mayor Borowsky: thanks, josh.

1148
00:44:40,177 --> 00:44:43,777
And I think steve sutton, one

1149
00:45:14,779 --> 00:45:16,779
more speaker.

1150
00:45:17,514 --> 00:45:19,316
>> steve sutton, address on

1151
00:45:19,316 --> 00:45:20,884
record.

1152
00:45:20,884 --> 00:45:23,210
As tom was just mentioning, I'm

1153
00:45:23,210 --> 00:45:24,588
one of those petition

1154
00:45:24,588 --> 00:45:26,156
collectors, but not about axon.

1155
00:45:26,156 --> 00:45:27,458
Entirely different but trying to

1156
00:45:27,458 --> 00:45:29,858
protect scottsdale, but more

1157
00:45:30,895 --> 00:45:32,363
about that later.

1158
00:45:32,363 --> 00:45:34,310
Fact supported reality and a

1159
00:45:34,310 --> 00:45:35,933
motion supported perception can

1160
00:45:35,933 --> 00:45:38,469
have equal power and influence,

1161
00:45:38,469 --> 00:45:39,300
the beliefs and actions of

1162
00:45:39,300 --> 00:45:41,300
individuals.

1163
00:45:41,339 --> 00:45:44,740
Either can be at any time more

1164
00:45:44,740 --> 00:45:45,109
powerful in influence than the

1165
00:45:45,109 --> 00:45:47,109
other.

1166
00:45:47,111 --> 00:45:49,130
Regardless of the opinions, the

1167
00:45:49,130 --> 00:45:51,215
members of this council, city

1168
00:45:51,215 --> 00:45:53,584
policy or what criminal or civil

1169
00:45:53,584 --> 00:45:55,352
law MAY determine, not to be a

1170
00:45:55,352 --> 00:45:56,854
conflict of interest, the

1171
00:45:56,854 --> 00:45:58,622
perception of an increasing

1172
00:45:58,622 --> 00:46:01,220
number of scottsdale residents

1173
00:46:01,526 --> 00:46:01,759
is that a conflict of interest

1174
00:46:01,759 --> 00:46:03,759
exists.

1175
00:46:04,295 --> 00:46:05,429
I and other residents do

1176
00:46:05,429 --> 00:46:06,897
believe, council, kathy

1177
00:46:06,897 --> 00:46:07,798
littlefield has a conflict of

1178
00:46:07,798 --> 00:46:10,340
interest in discussing and

1179
00:46:10,340 --> 00:46:12,169
voting on matters, pertaining to

1180
00:46:12,169 --> 00:46:14,973
axon due to the activities of

1181
00:46:14,973 --> 00:46:16,441
her spouse, bob littlefield.

1182
00:46:16,441 --> 00:46:18,343
COUNCILMAN Littlefield has said,

1183
00:46:18,343 --> 00:46:20,100
quote, I am my own person and

1184
00:46:20,100 --> 00:46:21,579
defending herself from the

1185
00:46:21,579 --> 00:46:23,481
accusation of having a conflict

1186
00:46:23,481 --> 00:46:25,481
of interest.

1187
00:46:26,217 --> 00:46:27,352
However, being bob littlefield's

1188
00:46:27,352 --> 00:46:28,887
wife provides legal protections

1189
00:46:28,887 --> 00:46:29,887
to her and her husband that

1190
00:46:29,887 --> 00:46:32,257
could conflict with the

1191
00:46:32,257 --> 00:46:33,591
interests of kathy littlefield

1192
00:46:33,591 --> 00:46:35,591
scottsdale constituents.

1193
00:46:35,693 --> 00:46:37,795
At some point in the future,

1194
00:46:37,795 --> 00:46:40,398
testimony in court MAY not be

1195
00:46:40,398 --> 00:46:41,833
available due to littlefield's

1196
00:46:41,833 --> 00:46:43,200
having marital privilege

1197
00:46:43,200 --> 00:46:44,469
protecting marital

1198
00:46:44,469 --> 00:46:45,870
communications from being

1199
00:46:45,870 --> 00:46:47,870
revealedded and preventing

1200
00:46:48,105 --> 00:46:49,873
testimony against the spouse.

1201
00:46:49,873 --> 00:46:53,473
that could be detrimental to the

1202
00:46:55,713 --> 00:46:56,747
city of scottsdale in civil case

1203
00:46:56,747 --> 00:46:59,160
202-503-4961, taxpayers against

1204
00:46:59,160 --> 00:47:00,351
awful apartment zoning

1205
00:47:00,351 --> 00:47:02,751
exemptions, versus state of

1206
00:47:04,454 --> 00:47:06,854
arizona, city of scottsdale.

1207
00:47:07,158 --> 00:47:08,993
, kathy littlefield should

1208
00:47:08,993 --> 00:47:09,994
recuse herself from the city

1209
00:47:09,994 --> 00:47:12,994
council discussion or vote on

1210
00:47:13,197 --> 00:47:16,197
matters pertaining to axon and

1211
00:47:17,568 --> 00:47:19,968
civil case 2025-034-961.

1212
00:47:20,204 --> 00:47:22,840
So far, this council's actions

1213
00:47:22,840 --> 00:47:25,840
regarding axon are a perfect

1214
00:47:27,440 --> 00:47:28,120
example of the german word for

1215
00:47:28,120 --> 00:47:30,412
attempting to make something

1216
00:47:30,681 --> 00:47:33,681
better and making it worse.

1217
00:47:33,684 --> 00:47:35,586
For over 23 years, a de facto

1218
00:47:35,586 --> 00:47:36,420
family dynasty seat has existed

1219
00:47:36,420 --> 00:47:37,955
on the city council.

1220
00:47:37,955 --> 00:47:39,524
That type of situation is rarely

1221
00:47:39,524 --> 00:47:41,325
good for governance of the city

1222
00:47:41,325 --> 00:47:42,360
the size of scottsdale.

1223
00:47:42,360 --> 00:47:44,429
Scottsdale is a city large

1224
00:47:44,429 --> 00:47:46,130
enough to have an ample number

1225
00:47:46,130 --> 00:47:47,598
of qualified individuals that

1226
00:47:47,598 --> 00:47:48,990
could give good service on the

1227
00:47:48,990 --> 00:47:49,634
council.

1228
00:47:49,634 --> 00:47:51,870
I believe this council has got

1229
00:47:51,870 --> 00:47:53,571
the attention of those qualified

1230
00:47:53,571 --> 00:47:55,139
individuals.

1231
00:47:55,139 --> 00:47:56,374
Kathy littlefield has given good

1232
00:47:56,374 --> 00:47:58,509
service to this city, but this

1233
00:47:58,509 --> 00:47:59,977
is not about past deeds, this is

1234
00:47:59,977 --> 00:48:02,377
about the current situation.

1235
00:48:02,414 --> 00:48:03,781
And I have one last statement

1236
00:48:03,781 --> 00:48:06,181
for you to contemplate.

1237
00:48:09,320 --> 00:48:13,224
I know you know what this is.

1238
00:48:13,224 --> 00:48:13,758
Cartago delenda est.

1239
00:48:13,758 --> 00:48:15,758
>> Mayor Borowsky: that

1240
00:48:16,561 --> 00:48:18,561
concludes the speakers.

1241
00:48:18,562 --> 00:48:20,300
So I'm going to talk about

1242
00:48:20,300 --> 00:48:21,733
what's been going on here.

1243
00:48:21,733 --> 00:48:25,360
As you all know, we have been

1244
00:48:25,360 --> 00:48:26,604
working on this since we took

1245
00:48:26,604 --> 00:48:29,473
office, since JANUARY, and this

1246
00:48:29,473 --> 00:48:32,430
has been a very long

1247
00:48:32,430 --> 00:48:35,430
conversation that's been a huge

1248
00:48:35,513 --> 00:48:36,448
divisive issue for the city of

1249
00:48:36,448 --> 00:48:38,448
scottsdale.

1250
00:48:39,650 --> 00:48:42,520
I feel for -- excuse me, for

1251
00:48:42,520 --> 00:48:43,755
axon and, you know, being put on

1252
00:48:43,755 --> 00:48:45,790
hold, and going through this

1253
00:48:45,790 --> 00:48:48,993
process, I also feel for the

1254
00:48:48,993 --> 00:48:51,229
residents who are so invested in

1255
00:48:51,229 --> 00:48:51,862
the outcome, in the opposite

1256
00:48:51,862 --> 00:48:53,862
direction.

1257
00:48:55,933 --> 00:48:58,690
So over the weekend, josh izner

1258
00:48:58,690 --> 00:48:59,437
just talked about some

1259
00:48:59,437 --> 00:49:01,837
negotiations we were still

1260
00:49:02,540 --> 00:49:05,243
having over this last weekend.

1261
00:49:05,243 --> 00:49:06,911
It is true that I want to see

1262
00:49:06,911 --> 00:49:09,381
this matter resolved, and I want

1263
00:49:09,381 --> 00:49:11,282
to see this matter resolved

1264
00:49:11,282 --> 00:49:14,520
where everyone can live with the

1265
00:49:14,520 --> 00:49:15,620
outcome, and there's going to be

1266
00:49:15,620 --> 00:49:18,620
finality with the outcome, and

1267
00:49:19,257 --> 00:49:21,693
so with that in mind, when we

1268
00:49:21,693 --> 00:49:23,693
originally talked about 750

1269
00:49:27,398 --> 00:49:29,798
apartments, 750 condos, I got

1270
00:49:30,669 --> 00:49:33,104
notification from taaaze if we

1271
00:49:33,104 --> 00:49:36,104
approved this mou, that they

1272
00:49:36,474 --> 00:49:39,244
intend to do another petition

1273
00:49:39,244 --> 00:49:39,644
drive and refer it a second

1274
00:49:39,644 --> 00:49:41,644
time.

1275
00:49:41,779 --> 00:49:44,480
So that is not finality for me.

1276
00:49:44,480 --> 00:49:47,480
That is absolutely not finality,

1277
00:49:48,419 --> 00:49:50,755
and I do not want to see this

1278
00:49:50,755 --> 00:49:52,755
mess, really, continue.

1279
00:49:53,240 --> 00:49:54,492
I want to see it wrapped up and

1280
00:49:54,492 --> 00:49:58,692
I want people to go on with

1281
00:49:59,563 --> 00:50:00,698
their lives, and I want taaaze

1282
00:50:00,698 --> 00:50:02,933
to build their headquarters.

1283
00:50:02,933 --> 00:50:06,270
With that in mind, I met with

1284
00:50:06,270 --> 00:50:07,405
rick smith of axon, over the

1285
00:50:07,405 --> 00:50:10,405
weekend and their attorney and

1286
00:50:10,475 --> 00:50:12,100
we did come up with an

1287
00:50:12,100 --> 00:50:14,145
agreement, josh, I understood,

1288
00:50:14,145 --> 00:50:15,847
that we came up with an

1289
00:50:15,847 --> 00:50:18,216
agreement through the -- I had

1290
00:50:18,216 --> 00:50:21,816
also tom hatton was talking to

1291
00:50:23,187 --> 00:50:25,356
both rick smith and to taaaze.

1292
00:50:25,356 --> 00:50:28,359
I understand there was a dl for

1293
00:50:28,359 --> 00:50:30,462
500 units, which -- to explain

1294
00:50:30,462 --> 00:50:32,463
tha further, taaaze, the

1295
00:50:32,463 --> 00:50:34,863
opposition group, committed that

1296
00:50:35,300 --> 00:50:37,535
they would stand down, they

1297
00:50:37,535 --> 00:50:40,710
would not refer it, and there

1298
00:50:40,710 --> 00:50:42,710
would be finality.

1299
00:50:42,940 --> 00:50:44,940
Pretty good result.

1300
00:50:45,544 --> 00:50:47,944
500 -- 500 apartments, and then

1301
00:50:49,914 --> 00:50:52,350
as many condos, up to -- the

1302
00:50:52,350 --> 00:50:53,484
number of condos were not

1303
00:50:53,484 --> 00:50:55,484
identified yet.

1304
00:50:57,489 --> 00:50:58,523
So, you know, unbeknownst to me,

1305
00:50:58,523 --> 00:51:00,923
taaaze fired off some

1306
00:51:01,392 --> 00:51:03,194
communications to axon, which

1307
00:51:03,194 --> 00:51:05,964
essentially blew up what I

1308
00:51:05,964 --> 00:51:08,633
understood to be the agreement.

1309
00:51:08,633 --> 00:51:10,202
So I'm extremely disappointed in

1310
00:51:10,202 --> 00:51:12,471
that result because I thought

1311
00:51:12,471 --> 00:51:13,905
the number 500 was a good number

1312
00:51:13,905 --> 00:51:16,700
with the understanding that

1313
00:51:16,700 --> 00:51:17,676
build a great project, come

1314
00:51:17,676 --> 00:51:19,610
back, come back in a year or

1315
00:51:19,610 --> 00:51:21,846
two, whenever you want to do

1316
00:51:21,846 --> 00:51:24,246
some additional apartments, and

1317
00:51:24,949 --> 00:51:27,949
sell that case to us.

1318
00:51:27,986 --> 00:51:31,189
So where I stand right now, is

1319
00:51:31,189 --> 00:51:33,900
not in favor of this, I'm not in

1320
00:51:33,900 --> 00:51:34,893
favor of having another

1321
00:51:34,893 --> 00:51:36,261
referendum, and I don't want to

1322
00:51:36,261 --> 00:51:38,261
take that risk.

1323
00:51:38,930 --> 00:51:41,666
So josh, that's a great update,

1324
00:51:41,666 --> 00:51:44,236
I really want to understand what

1325
00:51:44,236 --> 00:51:45,603
this is and hear more about it

1326
00:51:45,603 --> 00:51:47,603
and get confirmation.

1327
00:51:48,206 --> 00:51:50,441
I don't think it's fair to do

1328
00:51:50,441 --> 00:51:53,441
that without the other parties

1329
00:51:53,678 --> 00:51:56,581
that are threatening to refer a

1330
00:51:56,581 --> 00:51:58,916
decision like this again, and we

1331
00:51:58,916 --> 00:52:00,151
can trust that they've done it

1332
00:52:00,151 --> 00:52:01,486
once, I don't know why they

1333
00:52:01,486 --> 00:52:03,521
wouldn't follow through with

1334
00:52:03,521 --> 00:52:05,524
that a second time.

1335
00:52:05,524 --> 00:52:07,525
So I'm going to -- I'm going to

1336
00:52:07,525 --> 00:52:07,925
move to take a ten-minute

1337
00:52:07,925 --> 00:52:09,925
recess.

1338
00:52:10,695 --> 00:52:13,365
So we can go have some

1339
00:52:13,365 --> 00:52:13,865
discussion about this.

1340
00:52:13,865 --> 00:52:14,900
>> second.

1341
00:52:14,900 --> 00:52:17,369
>> Mayor Borowsky: all those in

1342
00:52:17,369 --> 00:52:20,369
favor, please indulge me with

1343
00:52:22,674 --> 00:52:23,408
your confirmation.

1344
00:52:23,408 --> 00:52:23,975
Voice vote.

1345
00:52:23,975 --> 00:52:24,609
Okay.

1346
00:52:24,609 --> 00:52:26,609
Thank you.

1347
00:52:28,479 --> 00:52:32,790
We're going to recess for ten

1348
01:22:20,510 --> 01:22:20,252
>> Mayor Borowsky: sorry for the

1349
01:22:20,252 --> 01:22:22,252
delay.

1350
01:22:23,655 --> 01:22:25,230
We have been busy in very

1351
01:22:25,230 --> 01:22:28,230
serious discussions about how we

1352
01:22:28,160 --> 01:22:30,261
can resolve this item no. 2.

1353
01:22:30,261 --> 01:22:32,931
So I know there was some -- a

1354
01:22:32,931 --> 01:22:34,699
bunch of speakers on here.

1355
01:22:34,699 --> 01:22:38,899
I'm going to go down the list,

1356
01:22:40,380 --> 01:22:40,605
COUNCILWOMAN Whitehead.

1357
01:22:40,605 --> 01:22:42,307
>> Councilmember Whitehead: well

1358
01:22:42,307 --> 01:22:43,875
, good evening.

1359
01:22:43,875 --> 01:22:45,644
I'm going to keep it somewhat

1360
01:22:45,644 --> 01:22:47,779
brief based on how we end up

1361
01:22:47,779 --> 01:22:49,140
here, but I will just say having

1362
01:22:49,140 --> 01:22:51,490
been involved in this for a long

1363
01:22:51,490 --> 01:22:54,485
time, I do want to thank

1364
01:22:54,485 --> 01:22:57,220
everybody on both sides, and,

1365
01:22:57,220 --> 01:22:59,124
again, it seems like a year ago

1366
01:22:59,124 --> 01:23:00,792
that vice mayor kwasman spoke,

1367
01:23:00,792 --> 01:23:03,600
but just remind everybody here

1368
01:23:03,600 --> 01:23:06,600
and whoever is watching that

1369
01:23:06,497 --> 01:23:08,634
this vote is about whether or

1370
01:23:08,634 --> 01:23:11,570
not the city council accepts an

1371
01:23:11,570 --> 01:23:13,970
mou to significantly reduce

1372
01:23:14,940 --> 01:23:15,640
apartments and used

1373
01:23:15,640 --> 01:23:17,509
condominiums, which is something

1374
01:23:17,509 --> 01:23:20,178
a lot of our residents want,

1375
01:23:20,178 --> 01:23:23,178
that middle housing, and keep

1376
01:23:23,549 --> 01:23:25,250
the many investments that our

1377
01:23:25,250 --> 01:23:28,119
community will get from the deal

1378
01:23:28,119 --> 01:23:31,119
that was negotiated last year.

1379
01:23:31,889 --> 01:23:33,659
Many of us here in last year's

1380
01:23:33,659 --> 01:23:34,893
council and this year's council

1381
01:23:34,893 --> 01:23:35,928
worked really hard with the

1382
01:23:35,928 --> 01:23:37,529
residents of stone brook and

1383
01:23:37,529 --> 01:23:38,630
with the residents generally to

1384
01:23:38,630 --> 01:23:41,660
get some of these investments

1385
01:23:41,660 --> 01:23:42,301
which include a dog park,

1386
01:23:42,301 --> 01:23:44,336
walking path, this is an area

1387
01:23:44,336 --> 01:23:46,271
that doesn't have a lot of

1388
01:23:46,271 --> 01:23:48,173
walkability and connectivity.

1389
01:23:48,173 --> 01:23:49,140
So this deal will include all of

1390
01:23:49,140 --> 01:23:51,140
that.

1391
01:23:51,409 --> 01:23:53,177
Also, really important, some

1392
01:23:53,177 --> 01:23:55,180
tropic abatement and one of our

1393
01:23:55,180 --> 01:23:56,547
public speakers mentioned that.

1394
01:23:56,547 --> 01:23:59,118
So this deal does include a road

1395
01:23:59,118 --> 01:24:02,118
to keep the neighborhood and

1396
01:24:02,887 --> 01:24:04,887
axon's traffic separate.

1397
01:24:04,990 --> 01:24:07,359
I think that what we're -- and

1398
01:24:07,359 --> 01:24:08,727
the alternative, again, this is

1399
01:24:08,727 --> 01:24:09,194
not about zero apartments and

1400
01:24:09,194 --> 01:24:11,194
zero development.

1401
01:24:11,329 --> 01:24:11,564
why that's not on the table

1402
01:24:11,564 --> 01:24:13,564
tonight.

1403
01:24:14,633 --> 01:24:15,667
What's on the table is a local

1404
01:24:15,667 --> 01:24:18,670
controlled negotiated deal that

1405
01:24:19,137 --> 01:24:21,807
is a win for all parties, and

1406
01:24:21,807 --> 01:24:24,420
actually, to counter one of the

1407
01:24:24,420 --> 01:24:25,177
speakers, you can negotiate and

1408
01:24:25,177 --> 01:24:26,544
have everybody happy more or

1409
01:24:26,544 --> 01:24:28,120
less, but not everybody gets

1410
01:24:28,120 --> 01:24:29,881
exactly what they want.

1411
01:24:29,881 --> 01:24:30,281
So that's definitely the intent

1412
01:24:30,281 --> 01:24:32,281
here.

1413
01:24:32,418 --> 01:24:36,180
The alternative is to allow the

1414
01:24:36,187 --> 01:24:38,290
state law to take on a fact --

1415
01:24:38,290 --> 01:24:41,393
it isn't a fact, have axon build

1416
01:24:41,393 --> 01:24:43,728
to that state law, which means

1417
01:24:43,728 --> 01:24:45,728
roughly 19-up apartments.

1418
01:24:47,232 --> 01:24:50,302
So it is my goal, it is my aim

1419
01:24:50,302 --> 01:24:52,638
to see this council do what we

1420
01:24:52,638 --> 01:24:56,238
are elected to do, which is

1421
01:24:56,407 --> 01:24:56,942
solve problems and create a

1422
01:24:56,942 --> 01:24:58,710
win/win.

1423
01:24:58,710 --> 01:25:02,547
I won't go into all the benefits

1424
01:25:02,547 --> 01:25:05,317
right now, but clearly we want

1425
01:25:05,317 --> 01:25:07,719
to keep an employer like axon

1426
01:25:07,719 --> 01:25:08,954
here, we are facing a lot of

1427
01:25:08,954 --> 01:25:11,156
head winds on the economy and

1428
01:25:11,156 --> 01:25:12,924
also want to have the highest

1429
01:25:12,924 --> 01:25:15,324
quality development, having a

1430
01:25:15,994 --> 01:25:18,764
world class city and have a

1431
01:25:18,764 --> 01:25:20,465
global leader in public safety

1432
01:25:20,465 --> 01:25:22,501
is really a good match.

1433
01:25:22,501 --> 01:25:24,670
I will say just briefly that

1434
01:25:24,670 --> 01:25:26,400
axon not only keeps our

1435
01:25:26,400 --> 01:25:27,239
residents safer based on the

1436
01:25:27,239 --> 01:25:28,707
numerous public safety people

1437
01:25:28,707 --> 01:25:31,510
that spoke during the course of

1438
01:25:31,510 --> 01:25:34,120
many meetings, but also keep our

1439
01:25:34,120 --> 01:25:34,946
police officers safer, so we are

1440
01:25:34,946 --> 01:25:37,346
real excited about that.

1441
01:25:37,483 --> 01:25:40,252
So I am supporting -- I'm

1442
01:25:40,252 --> 01:25:42,254
waiting to hear the final

1443
01:25:42,254 --> 01:25:45,557
motion, I don't have a motion,

1444
01:25:45,557 --> 01:25:47,659
but I support local control, I

1445
01:25:47,659 --> 01:25:49,661
support keeping this important

1446
01:25:49,661 --> 01:25:51,697
employer here, I support protect

1447
01:25:51,697 --> 01:25:53,799
protecting the neighbors most

1448
01:25:53,799 --> 01:25:55,166
closely impacted and the

1449
01:25:55,166 --> 01:25:56,267
residents every m and support

1450
01:25:56,267 --> 01:25:58,300
referendum process.

1451
01:25:58,300 --> 01:26:00,400
that's how we got here, the

1452
01:26:00,400 --> 01:26:01,474
referendum helped bring axon

1453
01:26:01,474 --> 01:26:03,508
back to the table and helped

1454
01:26:03,508 --> 01:26:05,211
bring a better deal to fruition.

1455
01:26:05,211 --> 01:26:06,545
So I'm going to leave it at that

1456
01:26:06,545 --> 01:26:08,447
for the moment, but thanks

1457
01:26:08,447 --> 01:26:10,449
everybody for your patience.

1458
01:26:10,449 --> 01:26:12,849
>> Mayor Borowsky: thank you,

1459
01:26:13,251 --> 01:26:13,919
COUNCILWOMAN Dubauskas.

1460
01:26:13,919 --> 01:26:15,387
>> Councilmember Dubauskas: than

1461
01:26:15,387 --> 01:26:16,821
k you, MADAM Mayor, thank you to

1462
01:26:16,821 --> 01:26:18,123
axon for coming out tonight and

1463
01:26:18,123 --> 01:26:19,900
thank you for being a major

1464
01:26:19,900 --> 01:26:20,920
employer in our city.

1465
01:26:20,920 --> 01:26:21,593
We appreciate the service that

1466
01:26:21,593 --> 01:26:22,594
you provide to the city of

1467
01:26:22,594 --> 01:26:24,994
scottsdale, we appreciate the

1468
01:26:24,997 --> 01:26:25,430
service that you provide

1469
01:26:25,430 --> 01:26:27,298
worldwide.

1470
01:26:27,298 --> 01:26:28,833
You are a known leader in your

1471
01:26:28,833 --> 01:26:30,269
field and we are proud to have

1472
01:26:30,269 --> 01:26:30,569
you here in the city of

1473
01:26:30,569 --> 01:26:32,370
scottsdale.

1474
01:26:32,370 --> 01:26:33,705
So thank you for coming out and

1475
01:26:33,705 --> 01:26:35,808
appreciate all your employees as

1476
01:26:35,808 --> 01:26:38,770
well coming out to show that you

1477
01:26:38,770 --> 01:26:40,770
support your employer.

1478
01:26:40,412 --> 01:26:41,546
As a member of the economic

1479
01:26:41,546 --> 01:26:42,848
development committee, I'm proud

1480
01:26:42,848 --> 01:26:44,416
to work with a variety of

1481
01:26:44,416 --> 01:26:45,450
employers throughout the city of

1482
01:26:45,450 --> 01:26:47,850
scottsdale and promote business

1483
01:26:48,120 --> 01:26:50,522
in the city of scottsdale.

1484
01:26:50,522 --> 01:26:51,890
So it is -- it is a wonderful

1485
01:26:51,890 --> 01:26:53,692
thing to have an employer like

1486
01:26:53,692 --> 01:26:54,193
axon who is a market leader in

1487
01:26:54,193 --> 01:26:55,827
our city.

1488
01:26:55,827 --> 01:26:57,129
So I just wanted to say thank

1489
01:26:57,129 --> 01:26:59,898
you very much to axon.

1490
01:26:59,898 --> 01:27:01,766
My concern with this project has

1491
01:27:01,766 --> 01:27:03,869
always been the number of units

1492
01:27:03,869 --> 01:27:04,690
in that particular area, as

1493
01:27:04,690 --> 01:27:06,690
well.

1494
01:27:07,273 --> 01:27:08,907
It was zoned no multi-family,

1495
01:27:08,907 --> 01:27:11,576
and so I remain concerned about

1496
01:27:11,576 --> 01:27:13,780
the number of units, but I'm

1497
01:27:13,780 --> 01:27:14,846
very much interested in keeping

1498
01:27:14,846 --> 01:27:16,415
axon, very much interested in

1499
01:27:16,415 --> 01:27:18,450
the hotel and the opportunity

1500
01:27:18,450 --> 01:27:20,485
that offers their business to

1501
01:27:20,485 --> 01:27:22,154
bring conventions to the city of

1502
01:27:22,154 --> 01:27:24,560
scottsdale and so with that, I

1503
01:27:24,560 --> 01:27:26,424
just wanted to say thank you to

1504
01:27:26,424 --> 01:27:27,590
axon tonight.

1505
01:27:27,590 --> 01:27:29,459
>> Mayor Borowsky: thank you,

1506
01:27:29,561 --> 01:27:30,262
COUNCILWOMAN Mcallen.

1507
01:27:30,262 --> 01:27:31,530
>> Councilmember McAllen: thank

1508
01:27:31,530 --> 01:27:33,530
you, mayor.

1509
01:27:33,965 --> 01:27:37,636
I too would like to thank all

1510
01:27:37,636 --> 01:27:38,971
the parties involved, axon, my

1511
01:27:38,971 --> 01:27:40,339
fellow council members, as well

1512
01:27:40,339 --> 01:27:43,241
as the citizens who took the

1513
01:27:43,241 --> 01:27:46,841
time to come out and voice

1514
01:27:46,879 --> 01:27:48,981
either their opposition or their

1515
01:27:48,981 --> 01:27:50,582
pro for this, because that is

1516
01:27:50,582 --> 01:27:52,151
what the process is all about.

1517
01:27:52,151 --> 01:27:54,386
You've heard a lot tonight from

1518
01:27:54,386 --> 01:27:57,386
the dais about that process

1519
01:27:59,570 --> 01:28:01,930
being removed from the citizens,

1520
01:28:01,930 --> 01:28:03,290
so we hear some of your

1521
01:28:03,290 --> 01:28:05,130
concerns, obviously, also need

1522
01:28:05,130 --> 01:28:06,464
to make sure that we help the

1523
01:28:06,464 --> 01:28:08,464
legislature understand that

1524
01:28:09,702 --> 01:28:11,537
local control is always the best

1525
01:28:11,537 --> 01:28:14,473
option that we want our

1526
01:28:14,473 --> 01:28:17,473
citizens, our city council to

1527
01:28:18,760 --> 01:28:18,443
actually affect the city we live

1528
01:28:18,443 --> 01:28:20,145
in.

1529
01:28:20,145 --> 01:28:22,140
I appreciate all the work that

1530
01:28:22,140 --> 01:28:25,150
axon has put in to coming back

1531
01:28:25,150 --> 01:28:27,687
to the table with this city.

1532
01:28:27,687 --> 01:28:30,155
I do think -- someone mentioned

1533
01:28:30,155 --> 01:28:33,155
before about the city losing

1534
01:28:33,292 --> 01:28:34,794
mayo hospital.

1535
01:28:34,794 --> 01:28:36,228
To phoenix.

1536
01:28:36,228 --> 01:28:37,620
We have also lost other things

1537
01:28:37,620 --> 01:28:38,663
to phoenix.

1538
01:28:38,663 --> 01:28:39,831
It's like chandler back in the

1539
01:28:39,831 --> 01:28:41,831
day.

1540
01:28:42,468 --> 01:28:44,403
They almost lost intel, it took

1541
01:28:44,403 --> 01:28:47,403
council members to make really

1542
01:28:47,506 --> 01:28:49,308
bold decisions, and with that,

1543
01:28:49,308 --> 01:28:50,876
I'm going to say I am going to

1544
01:28:50,876 --> 01:28:53,211
support the mou and I would love

1545
01:28:53,211 --> 01:28:55,681
for axon to stay in scottsdale,

1546
01:28:55,681 --> 01:28:58,170
I am glad to see the number of

1547
01:28:58,170 --> 01:28:59,385
units go down because the

1548
01:28:59,385 --> 01:29:01,320
citizens voiced that concern,

1549
01:29:01,320 --> 01:29:02,855
but the fact we are working

1550
01:29:02,855 --> 01:29:04,890
earnestly, right here in front

1551
01:29:04,890 --> 01:29:08,161
of all of you to try and make

1552
01:29:08,161 --> 01:29:10,696
this work so our city can have

1553
01:29:10,696 --> 01:29:13,599
what's best for our city an

1554
01:29:13,599 --> 01:29:17,136
employer that will be a good

1555
01:29:17,136 --> 01:29:18,404
communal supporter.

1556
01:29:18,404 --> 01:29:20,500
Someone that's going to support

1557
01:29:20,500 --> 01:29:20,706
events throughout the city in

1558
01:29:20,706 --> 01:29:22,141
the future.

1559
01:29:22,141 --> 01:29:24,510
That will sponsor events and be

1560
01:29:24,510 --> 01:29:25,544
here for the citizens of

1561
01:29:25,544 --> 01:29:27,146
scottsdale as well as their

1562
01:29:27,146 --> 01:29:29,146
neighboring community.

1563
01:29:29,682 --> 01:29:31,116
And more importantly, they

1564
01:29:31,116 --> 01:29:33,819
support our public safety, and

1565
01:29:33,819 --> 01:29:35,654
that is truly what is important.

1566
01:29:35,654 --> 01:29:36,655
So thank you.

1567
01:29:36,655 --> 01:29:39,550
>> Mayor Borowsky: thank you,

1568
01:29:39,125 --> 01:29:39,758
COUNCILMAN Graham.

1569
01:29:39,758 --> 01:29:41,758
>> Councilmember Graham: thank

1570
01:29:43,262 --> 01:29:45,262
you, mayor.

1571
01:29:45,498 --> 01:29:47,330
I want to make a few remarks

1572
01:29:47,330 --> 01:29:49,168
tonight, and I want to start by

1573
01:29:49,168 --> 01:29:51,700
saying this is not about axon

1574
01:29:51,700 --> 01:29:53,700
the corporation.

1575
01:29:54,473 --> 01:29:57,443
This is not about their global

1576
01:29:57,443 --> 01:29:59,843
headquarters, which we support.

1577
01:30:00,847 --> 01:30:03,847
Axon bought the 74 acres where

1578
01:30:04,150 --> 01:30:05,851
they are today with a deed

1579
01:30:05,851 --> 01:30:07,954
restriction that there would be

1580
01:30:07,954 --> 01:30:09,522
no multi-family housing and the

1581
01:30:09,522 --> 01:30:11,624
price was adjusted accordingly

1582
01:30:11,624 --> 01:30:13,859
for that discounted accordingly

1583
01:30:13,859 --> 01:30:15,859
for that restriction.

1584
01:30:16,395 --> 01:30:17,196
And in 2020, it was zone

1585
01:30:17,196 --> 01:30:19,196
ed

1586
01:30:20,132 --> 01:30:21,900
industrial with a height of

1587
01:30:21,900 --> 01:30:23,900
52 feet.

1588
01:30:23,970 --> 01:30:25,838
Why and axon wanted to go bigger

1589
01:30:25,838 --> 01:30:27,873
for their global headquarters at

1590
01:30:27,873 --> 01:30:29,441
that point, and they did a lot

1591
01:30:29,441 --> 01:30:31,770
of back and forth and

1592
01:30:31,770 --> 01:30:33,579
negotiations in 2020, and I was

1593
01:30:33,579 --> 01:30:34,313
on the planning commission at

1594
01:30:34,313 --> 01:30:36,313
that time.

1595
01:30:38,851 --> 01:30:40,719
And I voted to increase, rezone

1596
01:30:40,719 --> 01:30:44,319
axon's land in 2020 as a member

1597
01:30:44,857 --> 01:30:46,492
of the planning commission.

1598
01:30:46,492 --> 01:30:49,492
58 percent, I voted to increase

1599
01:30:50,997 --> 01:30:53,997
it from 52 feet to 82 feet.

1600
01:30:55,100 --> 01:30:57,300
I did that because we wanted to

1601
01:30:57,300 --> 01:30:59,805
keep axon in scottsdale, and

1602
01:30:59,805 --> 01:31:01,507
that meant for them to have the

1603
01:31:01,507 --> 01:31:03,509
headquarters that they desired.

1604
01:31:03,509 --> 01:31:06,646
In that vote in 2020 I also

1605
01:31:06,646 --> 01:31:07,460
voted for a reimbursement for

1606
01:31:07,460 --> 01:31:09,460
infrastructure.

1607
01:31:10,416 --> 01:31:11,717
So it's not about axon as a

1608
01:31:11,717 --> 01:31:13,717
corporation.

1609
01:31:14,253 --> 01:31:14,921
I feel like this process is

1610
01:31:14,921 --> 01:31:16,921
rushed.

1611
01:31:17,590 --> 01:31:18,824
You the public were given

1612
01:31:18,824 --> 01:31:20,824
notification approximately 72

1613
01:31:21,360 --> 01:31:22,728
hours ago on a friday afternoon,

1614
01:31:22,728 --> 01:31:24,330
I know there are reasons for

1615
01:31:24,330 --> 01:31:26,766
that, but it doesn't feel like

1616
01:31:26,766 --> 01:31:27,800
there's an emergent reason and

1617
01:31:27,800 --> 01:31:30,903
that you should have had more

1618
01:31:30,903 --> 01:31:33,303
time to review this.

1619
01:31:33,806 --> 01:31:35,740
I want to stand up for my

1620
01:31:35,740 --> 01:31:37,740
colleague, COUNCILWOMAN

1621
01:31:37,410 --> 01:31:38,944
Littlefield.

1622
01:31:38,944 --> 01:31:41,344
Some aspersions were cast

1623
01:31:41,947 --> 01:31:44,250
against her, and I'm going to

1624
01:31:44,250 --> 01:31:46,786
repeat it that it is totally de

1625
01:31:46,786 --> 01:31:48,687
debunked, according to our legal

1626
01:31:48,687 --> 01:31:50,220
department, that COUNCILWOMAN

1627
01:31:50,220 --> 01:31:50,790
Littlefield has a conflict of

1628
01:31:50,790 --> 01:31:52,790
interest.

1629
01:31:53,359 --> 01:31:55,895
That has been scrutinized and

1630
01:31:55,895 --> 01:31:57,129
vetted.

1631
01:31:57,129 --> 01:31:59,398
I also want to address one of

1632
01:31:59,398 --> 01:32:01,567
the arguments that if we deny

1633
01:32:01,567 --> 01:32:03,635
this tonight that axon will just

1634
01:32:03,635 --> 01:32:04,971
go back to the legislature and

1635
01:32:04,971 --> 01:32:07,371
get something that's less

1636
01:32:07,607 --> 01:32:10,109
special, and then we will get

1637
01:32:10,109 --> 01:32:12,109
1900 or 2,000 apartments.

1638
01:32:13,812 --> 01:32:15,181
See, here's the thing, the

1639
01:32:15,181 --> 01:32:17,181
possible legislation that

1640
01:32:17,383 --> 01:32:19,452
they're talking about would have

1641
01:32:19,452 --> 01:32:21,220
to be broader.

1642
01:32:21,220 --> 01:32:24,357
And that means it would include

1643
01:32:24,357 --> 01:32:26,590
more cities and more towns.

1644
01:32:26,590 --> 01:32:27,727
And what that would do is drag

1645
01:32:27,727 --> 01:32:31,327
more cities and towns into the

1646
01:32:31,531 --> 01:32:33,198
fight to be concerned about it.

1647
01:32:33,198 --> 01:32:35,467
Something else that should be --

1648
01:32:35,467 --> 01:32:38,103
people should be aware of, since

1649
01:32:38,103 --> 01:32:39,572
senate bill 1543 was signed,

1650
01:32:39,572 --> 01:32:41,207
many legislators have felt the

1651
01:32:41,207 --> 01:32:42,742
sting from their voters.

1652
01:32:42,742 --> 01:32:44,543
Will so we don't have any

1653
01:32:44,543 --> 01:32:46,112
clue -- we have no clue what

1654
01:32:46,112 --> 01:32:47,747
their appetite for an amendment

1655
01:32:47,747 --> 01:32:49,616
or alteration to the legislation

1656
01:32:49,616 --> 01:32:51,616
would be.

1657
01:32:52,151 --> 01:32:55,387
I want to go and ask the city

1658
01:32:55,387 --> 01:32:57,189
attorney now a few questions.

1659
01:32:57,189 --> 01:32:59,492
First of all, a very basic

1660
01:32:59,492 --> 01:33:01,427
question, this is called a

1661
01:33:01,427 --> 01:33:03,296
memorandum of understanding, I'm

1662
01:33:03,296 --> 01:33:04,300
not an attorney, when I look up

1663
01:33:04,300 --> 01:33:05,665
the term memorandum of

1664
01:33:05,665 --> 01:33:08,665
understanding, it defines it as

1665
01:33:09,568 --> 01:33:11,204
a formal nonbinding agreement

1666
01:33:11,204 --> 01:33:12,571
between two parties that outline

1667
01:33:12,571 --> 01:33:14,140
outlines their mutual intentions

1668
01:33:14,140 --> 01:33:15,809
or objectives.

1669
01:33:15,809 --> 01:33:17,577
Can you please explain to the

1670
01:33:17,577 --> 01:33:20,577
public how this memorandum of

1671
01:33:20,947 --> 01:33:21,947
understanding is binding and

1672
01:33:21,947 --> 01:33:22,648
contractual.

1673
01:33:22,648 --> 01:33:25,485
>> Acting City Atty. Santaella: t

1674
01:33:25,485 --> 01:33:26,519
here is sometimes a

1675
01:33:26,519 --> 01:33:27,654
misunderstanding that a

1676
01:33:27,654 --> 01:33:28,788
memorandum of understanding is

1677
01:33:28,788 --> 01:33:30,657
not binding.

1678
01:33:30,657 --> 01:33:33,920
They can be nonbinding, but any

1679
01:33:33,920 --> 01:33:34,560
time you have a contract that

1680
01:33:34,560 --> 01:33:36,862
has offer, acceptance and

1681
01:33:36,862 --> 01:33:38,331
consideration, it's binding.

1682
01:33:38,331 --> 01:33:40,660
So in this case, there's an

1683
01:33:40,660 --> 01:33:41,670
offer, there's acceptance and

1684
01:33:41,670 --> 01:33:43,670
consideration, therefore this

1685
01:33:43,269 --> 01:33:45,669
memorandum in particular is

1686
01:33:46,473 --> 01:33:48,407
binding, because axon is giving

1687
01:33:48,407 --> 01:33:49,541
up something, we are giving up

1688
01:33:49,541 --> 01:33:51,110
something, they're getting

1689
01:33:51,110 --> 01:33:52,779
something, we are getting

1690
01:33:52,779 --> 01:33:55,179
something, there's definitely an

1691
01:33:56,950 --> 01:33:57,283
offer and acceptance and

1692
01:33:57,283 --> 01:33:57,951
consideration.

1693
01:33:57,951 --> 01:34:00,351
>> Councilmember Graham: if it

1694
01:34:01,821 --> 01:34:02,522
is binding, is it referable.

1695
01:34:02,522 --> 01:34:04,324
>> Acting City Atty. Santaella: s

1696
01:34:04,324 --> 01:34:06,893
o you're asking me to provide

1697
01:34:06,893 --> 01:34:08,895
legal advice on -- that's not

1698
01:34:08,895 --> 01:34:09,795
something I can address in the

1699
01:34:09,795 --> 01:34:10,830
public.

1700
01:34:10,830 --> 01:34:12,899
Why ultimately whether something

1701
01:34:12,899 --> 01:34:15,000
is referable is something the

1702
01:34:15,000 --> 01:34:16,636
courts would have to determine,

1703
01:34:16,636 --> 01:34:18,636
but generally administrative

1704
01:34:18,771 --> 01:34:19,406
acts are not considered

1705
01:34:19,406 --> 01:34:20,730
referable.

1706
01:34:20,730 --> 01:34:21,508
>> Councilmember Graham: I asked

1707
01:34:21,508 --> 01:34:22,409
you some of these other

1708
01:34:22,409 --> 01:34:24,510
questions, I'm going to ask

1709
01:34:24,510 --> 01:34:25,945
earlier and you gave me answers,

1710
01:34:25,945 --> 01:34:27,413
but it was privileged, so I want

1711
01:34:27,413 --> 01:34:29,615
to ask it and then you can

1712
01:34:29,615 --> 01:34:31,951
answer it to the best of your

1713
01:34:31,951 --> 01:34:33,753
capacity as far as what's

1714
01:34:33,753 --> 01:34:35,753
legally appropriate.

1715
01:34:36,422 --> 01:34:38,358
In this mou, we are repealing

1716
01:34:38,358 --> 01:34:40,358
another ordinance.

1717
01:34:41,427 --> 01:34:43,829
Can we repeal another ordinance

1718
01:34:43,829 --> 01:34:44,970
for an upzoning for an

1719
01:34:44,970 --> 01:34:46,970
applicant.

1720
01:34:46,465 --> 01:34:47,166
Can we legally do that.

1721
01:34:47,166 --> 01:34:48,168
>> Acting City Atty. Santaella: y

1722
01:34:48,168 --> 01:34:50,168
es, absolutely.

1723
01:34:50,570 --> 01:34:54,170
The mou itself is not repealing

1724
01:34:54,574 --> 01:34:56,342
the ordinance, it's asking it to

1725
01:34:56,342 --> 01:34:57,477
be agendized for consideration.

1726
01:34:57,477 --> 01:34:58,411
It is agendized for

1727
01:34:58,411 --> 01:35:00,180
consideration tonight.

1728
01:35:00,180 --> 01:35:01,981
One of the additional items

1729
01:35:01,981 --> 01:35:03,783
tonight is the zoning ordinance

1730
01:35:03,783 --> 01:35:05,151
and that can, indeed, be

1731
01:35:05,151 --> 01:35:07,186
repealed by the council.

1732
01:35:07,186 --> 01:35:09,756
As the council has done in the

1733
01:35:09,756 --> 01:35:11,591
past, I think southbridge is an

1734
01:35:11,591 --> 01:35:12,258
example of that.

1735
01:35:12,258 --> 01:35:13,994
>> Councilmember Graham: what I

1736
01:35:13,994 --> 01:35:15,227
thought with southbridge too,

1737
01:35:15,227 --> 01:35:17,897
that was 2019 where there was a

1738
01:35:17,897 --> 01:35:19,566
referendum on that, 15 stories

1739
01:35:19,566 --> 01:35:21,101
downtown, I understood the

1740
01:35:21,101 --> 01:35:24,101
applicant withdrew it, so I

1741
01:35:26,139 --> 01:35:27,807
guess my concern here is can

1742
01:35:27,807 --> 01:35:29,909
applicants -- can -- if we vote

1743
01:35:29,909 --> 01:35:31,477
on this, do we have to come back

1744
01:35:31,477 --> 01:35:33,813
another meeting to repeal the

1745
01:35:33,813 --> 01:35:34,481
ordinance, or is that done

1746
01:35:34,481 --> 01:35:35,181
tonight.

1747
01:35:35,181 --> 01:35:35,582
>> Acting City Atty. Santaella: I

1748
01:35:35,582 --> 01:35:36,249
t's done tonight.

1749
01:35:36,249 --> 01:35:37,784
>> Councilmember Graham: if we

1750
01:35:37,784 --> 01:35:40,753
repeal that ordinance, does that

1751
01:35:40,753 --> 01:35:42,489
take away the referendum signed

1752
01:35:42,489 --> 01:35:43,190
that has 26,000 signatures.

1753
01:35:43,190 --> 01:35:43,557
>> Acting City Atty. Santaella: y

1754
01:35:43,557 --> 01:35:44,190
es, it would.

1755
01:35:44,190 --> 01:35:46,590
>> Councilmember Graham: if we

1756
01:35:47,560 --> 01:35:49,960
remove the ordinance tonight,

1757
01:35:54,340 --> 01:35:56,803
and the courts rule that 1543 --

1758
01:35:56,803 --> 01:35:58,771
courts rule against 1543, do we

1759
01:35:58,771 --> 01:36:01,771
have any legal exposure because

1760
01:36:02,609 --> 01:36:04,770
we have taken legal rights from

1761
01:36:04,770 --> 01:36:05,111
them?

1762
01:36:05,111 --> 01:36:06,479
>> Acting City Atty. Santaella: n

1763
01:36:06,479 --> 01:36:08,879
o, because they're unrelated.

1764
01:36:08,882 --> 01:36:11,851
The referendum is strictly based

1765
01:36:11,851 --> 01:36:14,251
on the zoning ordinance.

1766
01:36:14,353 --> 01:36:16,356
Without 1543, the city council

1767
01:36:16,356 --> 01:36:18,891
could have at any time repealed

1768
01:36:18,891 --> 01:36:20,994
the zoning ordinance and negated

1769
01:36:20,994 --> 01:36:23,394
the right to referendum.

1770
01:36:23,396 --> 01:36:26,166
1543 is just an additional kind

1771
01:36:26,166 --> 01:36:27,967
of legal complication, just like

1772
01:36:27,967 --> 01:36:30,300
with southbridge, I don't

1773
01:36:30,300 --> 01:36:30,770
believe there's any state

1774
01:36:30,770 --> 01:36:33,170
legislation pending on the

1775
01:36:35,341 --> 01:36:36,420
horizon in that situation.

1776
01:36:36,420 --> 01:36:38,420
>> Councilmember Graham: section

1777
01:36:39,713 --> 01:36:41,481
13, water pumping and sewer list

1778
01:36:41,481 --> 01:36:43,283
stations, it says the applicant

1779
01:36:43,283 --> 01:36:44,417
MAY elect to build these

1780
01:36:44,417 --> 01:36:45,852
critical facilities to city

1781
01:36:45,852 --> 01:36:46,453
standard and dedicate them to

1782
01:36:46,453 --> 01:36:48,453
the city.

1783
01:36:49,289 --> 01:36:49,723
It says the language is it MAY

1784
01:36:49,723 --> 01:36:51,723
elect.

1785
01:36:52,250 --> 01:36:54,227
If axon chooses to lower

1786
01:36:54,227 --> 01:36:56,163
standards, the city and its rate

1787
01:36:56,163 --> 01:36:57,960
payers could be left for

1788
01:36:57,960 --> 01:36:59,960
substandard infrastructure.

1789
01:37:00,990 --> 01:37:01,668
Can they choose -- can they

1790
01:37:01,668 --> 01:37:04,337
build to -- can they build to a

1791
01:37:04,337 --> 01:37:05,380
standard below the city

1792
01:37:05,380 --> 01:37:05,739
standard?

1793
01:37:05,739 --> 01:37:07,440
>> Acting City Atty. Santaella: s

1794
01:37:07,440 --> 01:37:11,400
o mayor, members of the council,

1795
01:37:11,244 --> 01:37:12,112
the intent of that section is we

1796
01:37:12,112 --> 01:37:12,812
will only take that

1797
01:37:12,812 --> 01:37:14,470
infrastructure into our

1798
01:37:14,470 --> 01:37:15,681
ownership and into our operation

1799
01:37:15,681 --> 01:37:18,118
if it meets our standards.

1800
01:37:18,118 --> 01:37:22,318
Will they still have to meet the

1801
01:37:22,488 --> 01:37:24,124
codes on the books for any

1802
01:37:24,124 --> 01:37:25,758
private commercial development.

1803
01:37:25,758 --> 01:37:27,727
So the idea that they would be

1804
01:37:27,727 --> 01:37:29,229
below standards, I don't think

1805
01:37:29,229 --> 01:37:30,964
that is accurate.

1806
01:37:30,964 --> 01:37:33,364
They just wouldn't necessarily

1807
01:37:36,360 --> 01:37:37,504
be to our city municipal

1808
01:37:37,504 --> 01:37:39,539
standard operations, they have

1809
01:37:39,539 --> 01:37:40,240
to meet the code standards.

1810
01:37:40,240 --> 01:37:41,775
>> Councilmember Graham: if they

1811
01:37:41,775 --> 01:37:45,479
don't meet them, what do we do

1812
01:37:45,479 --> 01:37:47,647
ask, do we have an enforcement

1813
01:37:47,647 --> 01:37:48,348
mechanism to upgrade them.

1814
01:37:48,348 --> 01:37:49,182
>> Acting City Atty. Santaella: o

1815
01:37:49,182 --> 01:37:50,350
nly if they want to turn them

1816
01:37:50,350 --> 01:37:52,318
over to us.

1817
01:37:52,318 --> 01:37:53,119
If they meet the minimum code

1818
01:37:53,119 --> 01:37:54,454
standards like any other

1819
01:37:54,454 --> 01:37:57,454
property owner, then they're on

1820
01:37:57,757 --> 01:37:59,592
their own and they're subject to

1821
01:37:59,592 --> 01:38:01,294
whatever problems those

1822
01:38:01,294 --> 01:38:02,495
facilities might cause for them.

1823
01:38:02,495 --> 01:38:03,430
They're minimal standards they

1824
01:38:03,430 --> 01:38:04,297
have to meet.

1825
01:38:04,297 --> 01:38:06,297
>> Councilmember Graham: so

1826
01:38:07,167 --> 01:38:10,167
speaking of water and stewer,

1827
01:38:10,537 --> 01:38:11,972
that general topic, NOVEMBER

1828
01:38:11,972 --> 01:38:13,306
NOVEMBER 2024, during the lame

1829
01:38:13,306 --> 01:38:16,306
duck session, there were five

1830
01:38:16,943 --> 01:38:17,877
members that voted for 1895

1831
01:38:17,877 --> 01:38:19,880
units -- apartments something

1832
01:38:19,880 --> 01:38:22,115
like that, and in that

1833
01:38:22,115 --> 01:38:24,418
development agreement, axon was

1834
01:38:24,418 --> 01:38:26,253
to bring 3,000 ache

1835
01:38:26,253 --> 01:38:27,954
ier -- acre

1836
01:38:27,954 --> 01:38:29,623
feet of water.

1837
01:38:29,623 --> 01:38:30,757
Does this mou remove that

1838
01:38:30,757 --> 01:38:31,458
requirement?

1839
01:38:31,458 --> 01:38:33,293
>> Acting City Atty. Santaella: y

1840
01:38:33,293 --> 01:38:34,260
es, mayor and members of the

1841
01:38:34,260 --> 01:38:35,280
council, it does.

1842
01:38:35,280 --> 01:38:35,829
>> Councilmember Graham: and

1843
01:38:35,829 --> 01:38:38,932
what do you think the market

1844
01:38:38,932 --> 01:38:42,532
value of that -- bringing that

1845
01:38:42,569 --> 01:38:43,360
kind of water to our city might

1846
01:38:43,360 --> 01:38:43,737
be?

1847
01:38:43,737 --> 01:38:44,771
>> Acting City Atty. Santaella: I

1848
01:38:44,771 --> 01:38:47,874
would have to defer to the city

1849
01:38:47,874 --> 01:38:49,342
manager because I don't know.

1850
01:38:49,342 --> 01:38:51,110
>> Councilmember Graham: madam

1851
01:38:51,110 --> 01:38:51,844
mayor, council member graham,

1852
01:38:51,844 --> 01:38:53,844
regarding the --

1853
01:38:53,880 --> 01:38:56,150
>> regarding the acre feet as

1854
01:38:56,150 --> 01:38:56,816
you referenced, 3,000 was in the

1855
01:38:56,816 --> 01:38:58,485
originally approved

1856
01:38:58,485 --> 01:39:00,253
approximately a year ago.

1857
01:39:00,253 --> 01:39:03,223
Just for context, I'll provide

1858
01:39:03,223 --> 01:39:06,126
the city council that requiring

1859
01:39:06,126 --> 01:39:06,793
additional acre feet is fairly

1860
01:39:06,793 --> 01:39:07,794
unusual.

1861
01:39:07,794 --> 01:39:09,930
The thought process at the time

1862
01:39:09,930 --> 01:39:11,364
was how we arrived at the 3,000.

1863
01:39:11,364 --> 01:39:13,533
I believe that's important for

1864
01:39:13,533 --> 01:39:14,534
the discussion purposes, and my

1865
01:39:14,534 --> 01:39:16,169
understanding that we did

1866
01:39:16,169 --> 01:39:18,169
calculations and anticipated

1867
01:39:19,390 --> 01:39:20,774
over a five-year period, based

1868
01:39:20,774 --> 01:39:22,776
upon the development, as

1869
01:39:22,776 --> 01:39:26,790
proposed at that time, it would

1870
01:39:26,790 --> 01:39:27,281
bring a demand of approximately

1871
01:39:27,281 --> 01:39:29,315
600-acre-feet on an annual

1872
01:39:29,315 --> 01:39:31,651
basis, and therefore for five

1873
01:39:31,651 --> 01:39:33,186
years, which was what could be a

1874
01:39:33,186 --> 01:39:35,522
inquired, that's how the

1875
01:39:35,522 --> 01:39:36,890
3,000-acre-feet came about.

1876
01:39:36,890 --> 01:39:37,457
>> Councilmember Graham: MR. Cat

1877
01:39:37,457 --> 01:39:39,893
on, respectfully, if you have a

1878
01:39:39,893 --> 01:39:42,695
market value, if you don't,

1879
01:39:42,695 --> 01:39:44,498
that's okay.

1880
01:39:44,498 --> 01:39:46,733
>> so that's important to put in

1881
01:39:46,733 --> 01:39:49,502
context, the acre-feet, and then

1882
01:39:49,502 --> 01:39:52,438
what I would add to that we

1883
01:39:52,438 --> 01:39:55,208
don't buy our water that way.

1884
01:39:55,208 --> 01:39:58,808
This is also a storage credits,

1885
01:39:59,513 --> 01:40:00,814
and we have approximately

1886
01:40:00,814 --> 01:40:01,348
277,000-acre-feet in storage

1887
01:40:01,348 --> 01:40:03,348
credits.

1888
01:40:03,450 --> 01:40:05,585
To put the 3,000-acre feet, it's

1889
01:40:05,585 --> 01:40:09,185
much like a savings account for

1890
01:40:12,593 --> 01:40:14,561
water services.

1891
01:40:14,561 --> 01:40:16,964
So the acre feet were submitted

1892
01:40:16,964 --> 01:40:18,532
into our account, if you will,

1893
01:40:18,532 --> 01:40:21,768
added to our account for last

1894
01:40:21,768 --> 01:40:22,303
year, again, we don't buy them.

1895
01:40:22,303 --> 01:40:22,970
I.

1896
01:40:22,970 --> 01:40:24,504
>> Councilmember Graham: so it's

1897
01:40:24,504 --> 01:40:28,104
basically five years of what we

1898
01:40:28,108 --> 01:40:30,911
predict the buildout facility to

1899
01:40:30,911 --> 01:40:32,460
use.

1900
01:40:32,460 --> 01:40:32,680
>> City Mgr. Caton: at 1900

1901
01:40:32,680 --> 01:40:34,470
units.

1902
01:40:34,470 --> 01:40:35,716
Should bebe discussion of a

1903
01:40:35,716 --> 01:40:38,716
different unit mix, then that

1904
01:40:39,486 --> 01:40:40,386
acre footage certainly changes.

1905
01:40:40,386 --> 01:40:41,187
>> Councilmember Graham: thank

1906
01:40:41,187 --> 01:40:43,587
you, MR. City manager.

1907
01:40:44,157 --> 01:40:45,925
Back to the city attorney, the

1908
01:40:45,925 --> 01:40:47,925
self-certification clause in

1909
01:40:48,561 --> 01:40:50,564
this, is the first time we have

1910
01:40:50,564 --> 01:40:52,699
done that for any applicant in

1911
01:40:52,699 --> 01:40:53,766
the city before.

1912
01:40:53,766 --> 01:40:55,301
>> Acting City Atty. Santaella: y

1913
01:40:55,301 --> 01:40:55,902
es, that's the correct.

1914
01:40:55,902 --> 01:40:57,902
>> Councilmember Graham: and

1915
01:40:58,338 --> 01:40:59,539
what would be the benefit to --

1916
01:40:59,539 --> 01:41:01,274
because I don't know whose idea

1917
01:41:01,274 --> 01:41:03,943
this was, but what would be the

1918
01:41:03,943 --> 01:41:06,943
benefit to the applicant for

1919
01:41:07,130 --> 01:41:07,714
receiving that.

1920
01:41:07,714 --> 01:41:08,448
>> Acting City Atty. Santaella: t

1921
01:41:08,448 --> 01:41:09,916
here are various potential

1922
01:41:09,916 --> 01:41:12,686
benefits, and I would point out

1923
01:41:12,686 --> 01:41:14,154
in the ordinance that the

1924
01:41:14,154 --> 01:41:15,922
licensed engineers and architect

1925
01:41:15,922 --> 01:41:17,324
architects have to be mutually

1926
01:41:17,324 --> 01:41:19,326
agreed upon by the parties.

1927
01:41:19,326 --> 01:41:21,762
It's not a unilateral decision

1928
01:41:21,762 --> 01:41:24,162
on who to use.

1929
01:41:24,765 --> 01:41:26,634
So the benefits are -- and in

1930
01:41:26,634 --> 01:41:28,869
the cost of these people would

1931
01:41:28,869 --> 01:41:30,237
be borne by axon, it would not

1932
01:41:30,237 --> 01:41:32,637
cost the city money.

1933
01:41:37,111 --> 01:41:40,714
The benefit is that -- that axon

1934
01:41:40,714 --> 01:41:43,517
has people that they can rely

1935
01:41:43,517 --> 01:41:45,917
upon to accomplish the

1936
01:41:46,530 --> 01:41:49,530
inspections and not be concerned

1937
01:41:51,191 --> 01:41:53,928
with potential delays with city

1938
01:41:53,928 --> 01:41:55,929
processes or city staff or

1939
01:41:55,929 --> 01:41:57,630
concerns that the city might

1940
01:41:57,630 --> 01:41:57,664
delay the project for some

1941
01:41:57,664 --> 01:41:59,332
reason.

1942
01:41:59,332 --> 01:42:02,332
Those are the potential benefits

1943
01:42:02,636 --> 01:42:05,360
from an axon standpoint.

1944
01:42:05,172 --> 01:42:07,240
From a city standpoint, it's

1945
01:42:07,240 --> 01:42:10,840
limited in that there's very few

1946
01:42:11,111 --> 01:42:12,246
properties that could be

1947
01:42:12,246 --> 01:42:12,880
international headquarters in

1948
01:42:12,880 --> 01:42:14,314
scottsdale.

1949
01:42:14,314 --> 01:42:16,983
There's more than one, so it's

1950
01:42:16,983 --> 01:42:18,485
not a special law, our ordinance

1951
01:42:18,485 --> 01:42:20,220
because there are at least three

1952
01:42:20,220 --> 01:42:22,723
other properties that could be

1953
01:42:22,723 --> 01:42:23,457
developed international

1954
01:42:23,457 --> 01:42:25,457
headquarters processes.

1955
01:42:27,427 --> 01:42:30,427
From the city standpoint, it

1956
01:42:30,797 --> 01:42:33,197
relieves our personnel from

1957
01:42:33,867 --> 01:42:34,601
having to work or inspect these

1958
01:42:34,601 --> 01:42:36,601
projects.

1959
01:42:36,604 --> 01:42:39,390
I understand that we have fairly

1960
01:42:39,390 --> 01:42:41,390
heavy caseloads.

1961
01:42:41,141 --> 01:42:43,877
There is some obvious concern

1962
01:42:43,877 --> 01:42:46,680
with city staff placing that

1963
01:42:46,680 --> 01:42:49,616
control in an outside agency.

1964
01:42:49,616 --> 01:42:52,160
But it's basically something

1965
01:42:55,755 --> 01:42:59,355
that was important to axon, and

1966
01:43:00,260 --> 01:43:02,363
it's limited in scope to such

1967
01:43:02,363 --> 01:43:03,970
few properties, I don't think it

1968
01:43:03,970 --> 01:43:05,970
materially impacts our

1969
01:43:05,499 --> 01:43:06,733
inspection and permitting

1970
01:43:06,733 --> 01:43:09,733
processes, but I could certainly

1971
01:43:09,736 --> 01:43:10,370
defer to city manager caton.

1972
01:43:10,370 --> 01:43:11,305
>> Councilmember Graham: just

1973
01:43:11,305 --> 01:43:12,673
for the record what I heard you

1974
01:43:12,673 --> 01:43:15,420
say, some of our internal staff

1975
01:43:15,420 --> 01:43:17,177
are uncomfortable with it, but

1976
01:43:17,177 --> 01:43:18,178
it was important to axon and so

1977
01:43:18,178 --> 01:43:20,800
we did it.

1978
01:43:20,800 --> 01:43:21,648
And so it sounds like they're

1979
01:43:21,648 --> 01:43:23,550
getting something, I just

1980
01:43:23,550 --> 01:43:25,520
wondered what we're getting.

1981
01:43:25,520 --> 01:43:27,321
Just -- I'm just expressing my

1982
01:43:27,321 --> 01:43:28,522
discomfort with that.

1983
01:43:28,522 --> 01:43:31,522
>> Acting City Atty. Santaella: u

1984
01:43:32,960 --> 01:43:33,627
nderstood.

1985
01:43:33,627 --> 01:43:36,270
>> Councilmember Graham: I don't

1986
01:43:36,970 --> 01:43:38,932
know what the unit count is.

1987
01:43:38,932 --> 01:43:41,268
The last I saw was 1500, but

1988
01:43:41,268 --> 01:43:44,868
that MAY have changed since, you

1989
01:43:45,773 --> 01:43:48,375
know, in the past 30 minutes.

1990
01:43:48,375 --> 01:43:51,375
Can axon legally, for any

1991
01:43:51,412 --> 01:43:53,480
condominiums for ownership units

1992
01:43:53,480 --> 01:43:55,583
they put in there, can they use

1993
01:43:55,583 --> 01:43:56,483
those legally as short-term

1994
01:43:56,483 --> 01:43:57,184
rentals?

1995
01:43:57,184 --> 01:43:59,453
>> Acting City Atty. Santaella: y

1996
01:43:59,453 --> 01:44:00,621
es, they could.

1997
01:44:00,621 --> 01:44:01,988
>> Councilmember Graham: could

1998
01:44:01,988 --> 01:44:04,624
they legally open -- could they

1999
01:44:04,624 --> 01:44:07,240
legally acquire those units,

2000
01:44:08,950 --> 01:44:11,695
condominium units in an llc and

2001
01:44:11,832 --> 01:44:14,201
lease them like any other

2002
01:44:14,201 --> 01:44:15,102
investment lesser?

2003
01:44:15,102 --> 01:44:17,704
>> Acting City Atty. Santaella: p

2004
01:44:17,704 --> 01:44:19,106
resumably, yes, as long as they

2005
01:44:19,106 --> 01:44:21,108
don't put -- it all depends on

2006
01:44:21,108 --> 01:44:23,577
what kind of ccr's they put on

2007
01:44:23,577 --> 01:44:24,378
those properties.

2008
01:44:24,378 --> 01:44:25,479
>> Councilmember Graham: I want

2009
01:44:25,479 --> 01:44:28,490
to talk about a couple of more

2010
01:44:28,490 --> 01:44:31,649
things and wrap up my comments.

2011
01:44:33,688 --> 01:44:36,523
Section 19 is are -- section 19

2012
01:44:36,523 --> 01:44:38,826
is a city council liaison where

2013
01:44:38,826 --> 01:44:39,826
we appoint the city council

2014
01:44:39,826 --> 01:44:42,226
economic development chair as

2015
01:44:43,697 --> 01:44:44,698
liaison between axon and city of

2016
01:44:44,698 --> 01:44:46,698
scottsdale.

2017
01:44:48,302 --> 01:44:51,639
And that -- when I saw that,

2018
01:44:51,639 --> 01:44:52,673
that just seemed very kind of

2019
01:44:52,673 --> 01:44:54,374
jumped out at me.

2020
01:44:54,374 --> 01:44:55,976
Have we haver done anything like

2021
01:44:55,976 --> 01:44:56,243
that in the city to your

2022
01:44:56,243 --> 01:44:56,944
knowledge.

2023
01:44:56,944 --> 01:44:58,512
>> Acting City Atty. Santaella: t

2024
01:44:58,512 --> 01:44:59,113
o my knowledge, no.

2025
01:44:59,113 --> 01:45:00,948
>> Councilmember Graham: it

2026
01:45:00,948 --> 01:45:03,618
appears to endow one council

2027
01:45:03,618 --> 01:45:05,585
member with a significant amount

2028
01:45:05,585 --> 01:45:08,255
of power, and it almost seems

2029
01:45:08,255 --> 01:45:08,622
like it turns him from -- into

2030
01:45:08,622 --> 01:45:10,622
an agent.

2031
01:45:12,760 --> 01:45:15,950
If he's the liaison, who

2032
01:45:15,950 --> 01:45:17,980
appraises his or her performance

2033
01:45:17,980 --> 01:45:17,798
and is he or she giving orders

2034
01:45:17,798 --> 01:45:19,798
to staff.

2035
01:45:20,334 --> 01:45:22,503
It gives me discomfort to think

2036
01:45:22,503 --> 01:45:24,538
about if he MAY be directing

2037
01:45:24,538 --> 01:45:26,206
people and, you know, I see our

2038
01:45:26,206 --> 01:45:26,774
job up here as governance, not

2039
01:45:26,774 --> 01:45:28,576
management.

2040
01:45:28,576 --> 01:45:31,312
We shouldn't be executing these.

2041
01:45:31,312 --> 01:45:32,346
And so if I could just sort of

2042
01:45:32,346 --> 01:45:34,848
side step this a little bit and

2043
01:45:34,848 --> 01:45:36,851
mae a motion to delete that

2044
01:45:36,851 --> 01:45:38,319
provision from this mou, if my

2045
01:45:38,319 --> 01:45:40,988
colleagues would indulge me and

2046
01:45:40,988 --> 01:45:44,258
we could kind of delete that and

2047
01:45:44,258 --> 01:45:44,826
that could be removed from the

2048
01:45:44,826 --> 01:45:46,826
agreement.

2049
01:45:46,894 --> 01:45:48,950
So I'll move -- but then I'm not

2050
01:45:48,950 --> 01:45:49,329
done with my comments.

2051
01:45:49,329 --> 01:45:51,310
i would make that motion.

2052
01:45:51,310 --> 01:45:51,699
>> I'll second that.

2053
01:45:51,699 --> 01:45:54,990
>> Councilmember Graham: so we

2054
01:45:54,835 --> 01:45:56,671
have a motion and a second.

2055
01:45:56,671 --> 01:45:58,272
Ben, is that clear to you what

2056
01:45:58,272 --> 01:46:00,272
we're saying?

2057
01:46:04,445 --> 01:46:06,445
Okay.

2058
01:46:07,148 --> 01:46:09,950
>> I'd like to speak to that

2059
01:46:09,950 --> 01:46:11,950
motion.

2060
01:46:13,287 --> 01:46:14,188
If that's okay.

2061
01:46:14,188 --> 01:46:15,956
COUNCILWOMAN Littlefield.

2062
01:46:15,956 --> 01:46:19,160
>> let's go down the list real

2063
01:46:19,160 --> 01:46:21,560
quick, she's been waiting.

2064
01:46:23,970 --> 01:46:25,632
>> I want to be respectful to

2065
01:46:25,632 --> 01:46:26,330
COUNCILWOMAN Littlefield's place

2066
01:46:26,330 --> 01:46:26,701
in line.

2067
01:46:26,701 --> 01:46:27,835
>> Councilmember Graham: I have

2068
01:46:27,835 --> 01:46:29,704
more comments to make, but I

2069
01:46:29,704 --> 01:46:30,638
wanted to make -- maybe I can

2070
01:46:30,638 --> 01:46:31,439
make this motion at the end of

2071
01:46:31,439 --> 01:46:32,907
my comments.

2072
01:46:32,907 --> 01:46:34,842
I'll make a few more comments

2073
01:46:34,842 --> 01:46:38,313
and put the motion on the floor

2074
01:46:38,313 --> 01:46:40,713
for us to debate.

2075
01:46:42,820 --> 01:46:43,184
Thank you.

2076
01:46:43,184 --> 01:46:44,552
>> Mayor Borowsky: thank you,

2077
01:46:44,552 --> 01:46:45,552
are you still --

2078
01:46:45,552 --> 01:46:46,454
>> Councilmember Graham: still

2079
01:46:46,454 --> 01:46:48,454
going.

2080
01:46:48,489 --> 01:46:49,590
I'm almost done.

2081
01:46:49,590 --> 01:46:50,258
>> Mayor Borowsky: still going.

2082
01:46:50,258 --> 01:46:51,759
>> Councilmember Graham: almost

2083
01:46:51,759 --> 01:46:54,159
done with my sermon.

2084
01:46:55,897 --> 01:46:57,365
I have concerns about this mou,

2085
01:46:57,365 --> 01:47:00,100
I think the compliance language

2086
01:47:00,100 --> 01:47:03,400
is weakened by some carveouts in

2087
01:47:03,400 --> 01:47:04,538
the document.

2088
01:47:04,538 --> 01:47:07,538
Very strong, very great concerns

2089
01:47:08,142 --> 01:47:10,277
with removing a referendum sign

2090
01:47:10,277 --> 01:47:11,913
signed with containing 26,000

2091
01:47:11,913 --> 01:47:13,913
signatures.

2092
01:47:14,348 --> 01:47:15,650
Concerned about the removal of

2093
01:47:15,650 --> 01:47:17,151
the water, and I'm also

2094
01:47:17,151 --> 01:47:20,751
concerned about if we do this,

2095
01:47:20,988 --> 01:47:22,757
are we telling other commercial

2096
01:47:22,757 --> 01:47:25,157
interests if this council

2097
01:47:30,264 --> 01:47:31,932
doesn't give into their desires,

2098
01:47:31,932 --> 01:47:33,501
that we -- they can just head

2099
01:47:33,501 --> 01:47:36,336
over to the legislature and get

2100
01:47:36,336 --> 01:47:36,504
legislative relief and go around

2101
01:47:36,504 --> 01:47:38,504
us.

2102
01:47:38,906 --> 01:47:41,876
I do agree with leslie lureman

2103
01:47:41,876 --> 01:47:44,512
from the stone brook hoa,

2104
01:47:44,512 --> 01:47:46,880
negotiations should be two ways,

2105
01:47:46,880 --> 01:47:49,550
but through this process, too

2106
01:47:49,550 --> 01:47:52,754
many residents have told us that

2107
01:47:52,754 --> 01:47:54,788
this has felt one way.

2108
01:47:54,788 --> 01:47:57,191
Instead of guiding growth, they

2109
01:47:57,191 --> 01:47:59,930
tell me, it feels like the

2110
01:47:59,930 --> 01:48:00,895
process has overridden it.

2111
01:48:00,895 --> 01:48:02,290
So I appreciate -- those are my

2112
01:48:02,290 --> 01:48:03,640
comments at the time being,

2113
01:48:03,640 --> 01:48:03,764
there's a motion and second on

2114
01:48:03,764 --> 01:48:05,733
the floor.

2115
01:48:05,733 --> 01:48:07,434
Thank you to my colleagues -- I

2116
01:48:07,434 --> 01:48:08,669
know we'll debate the motion, I

2117
01:48:08,669 --> 01:48:10,370
appreciate my colleagues for

2118
01:48:10,370 --> 01:48:12,370
voting on it.

2119
01:48:15,760 --> 01:48:16,844
>> Mayor Borowsky: thank you,

2120
01:48:16,844 --> 01:48:17,511
COUNCILWOMAN Littlefield.

2121
01:48:17,511 --> 01:48:18,113
>> Councilmember Littlefield: th

2122
01:48:18,113 --> 01:48:20,214
is really isn't regarding the

2123
01:48:20,214 --> 01:48:24,414
motion so much as some of the

2124
01:48:24,418 --> 01:48:27,418
comments that were made earlier.

2125
01:48:29,223 --> 01:48:31,459
I would like to let you all know

2126
01:48:31,459 --> 01:48:32,927
that my ability to represent the

2127
01:48:32,927 --> 01:48:35,327
citizens of scottsdale regarding

2128
01:48:36,563 --> 01:48:37,398
this issue has been reviewed

2129
01:48:37,398 --> 01:48:39,398
previously.

2130
01:48:39,467 --> 01:48:41,535
And I draw upon our city

2131
01:48:41,535 --> 01:48:43,935
attorney for his conclusion,

2132
01:48:45,673 --> 01:48:47,908
which he gave to me earlier.

2133
01:48:47,908 --> 01:48:49,900
City attorney?

2134
01:48:49,900 --> 01:48:49,911
>> Acting City Atty. Santaella: h

2135
01:48:49,911 --> 01:48:51,813
onorable mayor and members of

2136
01:48:51,813 --> 01:48:53,813
the council.

2137
01:48:54,150 --> 01:48:56,150
COUNCILWOMAN Littlefield asked

2138
01:48:56,918 --> 01:48:59,220
me to publicize the fact we have

2139
01:48:59,220 --> 01:49:00,121
evaluated whether she has a

2140
01:49:00,121 --> 01:49:01,355
conflict of interest in this

2141
01:49:01,355 --> 01:49:02,590
matter and determined she does

2142
01:49:02,590 --> 01:49:06,190
not have a conflict of interest

2143
01:49:06,260 --> 01:49:06,927
in this matter.

2144
01:49:06,927 --> 01:49:07,562
>> Councilmember Littlefield: th

2145
01:49:07,562 --> 01:49:10,562
ank you, I do not.

2146
01:49:10,998 --> 01:49:11,365
I am a separate person from my

2147
01:49:11,365 --> 01:49:13,365
husband.

2148
01:49:15,169 --> 01:49:18,105
He does his thing, I do mine.

2149
01:49:18,105 --> 01:49:19,140
And it is in my own right that I

2150
01:49:19,140 --> 01:49:21,242
have listened up here to the

2151
01:49:21,242 --> 01:49:23,642
comments and the considerations

2152
01:49:23,678 --> 01:49:26,547
and the wise and the wheres and

2153
01:49:26,547 --> 01:49:27,215
thousands and whos and made my

2154
01:49:27,215 --> 01:49:29,215
own decision.

2155
01:49:30,584 --> 01:49:32,887
The only other people who have

2156
01:49:32,887 --> 01:49:34,880
interested me are the citizens

2157
01:49:34,880 --> 01:49:36,880
of scottsdale.

2158
01:49:36,591 --> 01:49:38,593
I listen to them.

2159
01:49:38,593 --> 01:49:40,628
And they are very forthcoming

2160
01:49:40,628 --> 01:49:43,628
with their opinions and their

2161
01:49:43,731 --> 01:49:44,698
reasons and their whys and where

2162
01:49:44,698 --> 01:49:46,698
fores.

2163
01:49:47,340 --> 01:49:49,570
I have well over 1,000 e-mails

2164
01:49:49,570 --> 01:49:52,107
still waiting for me to answer

2165
01:49:52,107 --> 01:49:55,707
after the last three days, I

2166
01:49:55,844 --> 01:49:56,744
have spent entirely answering

2167
01:49:56,744 --> 01:49:57,879
their e-mails, regarding this

2168
01:49:57,879 --> 01:49:59,879
issue, axon.

2169
01:50:00,882 --> 01:50:02,650
They are very concerned.

2170
01:50:02,650 --> 01:50:05,520
They do not want this expansion

2171
01:50:05,520 --> 01:50:07,888
of axon, and that is everyone

2172
01:50:07,888 --> 01:50:08,823
who e-mailed me and there are

2173
01:50:08,823 --> 01:50:10,425
thousands.

2174
01:50:10,425 --> 01:50:12,425
Except one person.

2175
01:50:12,426 --> 01:50:14,362
Who wanted it.

2176
01:50:14,362 --> 01:50:17,566
That is who I listen to.

2177
01:50:17,566 --> 01:50:19,966
The citizens of scottsdale.

2178
01:50:20,334 --> 01:50:23,771
I do try to represent them, and

2179
01:50:23,771 --> 01:50:25,840
I've spent almost four full days

2180
01:50:25,840 --> 01:50:27,976
reading their e-mails and I

2181
01:50:27,976 --> 01:50:28,142
haven't come to the end of them

2182
01:50:28,142 --> 01:50:29,310
yet.

2183
01:50:29,310 --> 01:50:29,811
They're still there waiting for

2184
01:50:29,811 --> 01:50:31,811
me.

2185
01:50:31,879 --> 01:50:35,383
So far, and with the exception

2186
01:50:35,383 --> 01:50:37,840
of one, all citizens have said

2187
01:50:37,840 --> 01:50:39,840
no to this.

2188
01:50:39,720 --> 01:50:41,289
Every single citizen.

2189
01:50:41,289 --> 01:50:41,989
No.

2190
01:50:41,989 --> 01:50:44,989
As their representative, it is

2191
01:50:45,292 --> 01:50:46,127
my job and my duty to listen to

2192
01:50:46,127 --> 01:50:48,127
them.

2193
01:50:48,830 --> 01:50:51,230
With such overwhelming negative

2194
01:50:52,967 --> 01:50:56,567
input, I will not support this.

2195
01:50:58,473 --> 01:50:58,676
It is -- let me get where I am

2196
01:50:58,676 --> 01:51:00,676
here.

2197
01:51:00,875 --> 01:51:04,780
It is against what I swore I

2198
01:51:04,780 --> 01:51:06,514
would do as their representative

2199
01:51:06,514 --> 01:51:08,914
I represent the citizens.

2200
01:51:09,840 --> 01:51:11,484
That's who I am.

2201
01:51:12,387 --> 01:51:14,822
and I will continue to do so.

2202
01:51:14,822 --> 01:51:16,925
I am not against coming back to

2203
01:51:16,925 --> 01:51:18,493
axon and saying let's

2204
01:51:18,493 --> 01:51:20,395
renegotiate, let's look at this,

2205
01:51:20,395 --> 01:51:21,929
how can we bring this more in

2206
01:51:21,929 --> 01:51:24,599
line with what our citizens want

2207
01:51:24,599 --> 01:51:26,167
so we can all live in peace,

2208
01:51:26,167 --> 01:51:28,669
because we are not going to with

2209
01:51:28,669 --> 01:51:30,505
this, let me tell you, guys,

2210
01:51:30,505 --> 01:51:33,505
they will not be happy.

2211
01:51:34,800 --> 01:51:35,577
I am open to that kind of a

2212
01:51:35,577 --> 01:51:37,212
negotiation, but I cannot

2213
01:51:37,212 --> 01:51:39,213
actively and directly vote

2214
01:51:39,213 --> 01:51:41,115
against thousands of scottsdale

2215
01:51:41,115 --> 01:51:43,852
citizens who have e-mailed me

2216
01:51:43,852 --> 01:51:45,687
and asked me to say no.

2217
01:51:45,687 --> 01:51:46,354
Thank you.

2218
01:51:46,354 --> 01:51:48,754
>> Mayor Borowsky: thank you.

2219
01:51:49,424 --> 01:51:50,558
Vice mayor kwasman.

2220
01:51:50,558 --> 01:51:51,959
>> Vice Mayor Kwasman: thank

2221
01:51:51,959 --> 01:51:53,610
you, MADAM Mayor and members of

2222
01:51:53,610 --> 01:51:55,610
the council.

2223
01:51:56,364 --> 01:51:59,964
I do not find council member

2224
01:52:01,870 --> 01:52:02,103
graham's motion a hostile

2225
01:52:02,103 --> 01:52:03,538
motion.

2226
01:52:03,538 --> 01:52:07,575
I'm in support of the motion and

2227
01:52:07,575 --> 01:52:09,577
happy to remove it from the

2228
01:52:09,577 --> 01:52:11,546
memorandum of understanding or

2229
01:52:11,546 --> 01:52:14,546
designate the city manager as

2230
01:52:15,449 --> 01:52:17,449
the liaison.

2231
01:52:17,619 --> 01:52:18,353
>> Mayor Borowsky: thank you.

2232
01:52:18,353 --> 01:52:18,987
COUNCILWOMAN Whitehead.

2233
01:52:18,987 --> 01:52:20,987
>> Councilmember Whitehead: I

2234
01:52:21,489 --> 01:52:24,792
think I'll make my remarks after

2235
01:52:24,792 --> 01:52:25,326
we vote on COUNCILMAN Graham's

2236
01:52:25,326 --> 01:52:25,861
motion.

2237
01:52:25,861 --> 01:52:27,861
>> Mayor Borowsky: okay.

2238
01:52:28,290 --> 01:52:30,164
The motion on the table is to

2239
01:52:30,164 --> 01:52:31,660
remove the council liaison from

2240
01:52:31,660 --> 01:52:33,660
the mou.

2241
01:52:50,218 --> 01:52:52,618
All those in favor?

2242
01:52:52,920 --> 01:52:53,955
How about we take a voice vote.

2243
01:52:53,955 --> 01:52:55,890
All those in favor.

2244
01:52:55,890 --> 01:52:57,890
There we go.

2245
01:52:58,126 --> 01:52:59,528
Okay.

2246
01:52:59,528 --> 01:53:01,290
Thank you.

2247
01:53:01,290 --> 01:53:03,290
All right.

2248
01:53:03,398 --> 01:53:03,999
I don't see any --

2249
01:53:03,999 --> 01:53:05,999
.

2250
01:53:06,300 --> 01:53:06,968
>> I lost my spot.

2251
01:53:06,968 --> 01:53:09,368
>> Mayor Borowsky: that's okay.

2252
01:53:10,271 --> 01:53:10,905
Go ahead, go right ahead.

2253
01:53:10,905 --> 01:53:12,407
>> Councilmember Whitehead: I

2254
01:53:12,407 --> 01:53:14,760
just want to wrap up on a couple

2255
01:53:14,760 --> 01:53:15,376
of things that were mentioned,

2256
01:53:15,376 --> 01:53:18,446
there was a lot of talk about

2257
01:53:18,446 --> 01:53:18,847
the number of units, and the

2258
01:53:18,847 --> 01:53:20,847
density.

2259
01:53:20,849 --> 01:53:21,850
So I did just want to give

2260
01:53:21,850 --> 01:53:22,651
people a little bit of

2261
01:53:22,651 --> 01:53:24,285
perspective there.

2262
01:53:24,285 --> 01:53:26,488
I came in this evening having

2263
01:53:26,488 --> 01:53:29,257
been part of a negotiation that

2264
01:53:29,257 --> 01:53:31,250
was 750 condos and 750

2265
01:53:31,250 --> 01:53:32,527
apartments, and that's a really

2266
01:53:32,527 --> 01:53:34,280
important distinction.

2267
01:53:34,280 --> 01:53:35,697
Again, all of those community

2268
01:53:35,697 --> 01:53:37,699
investments, and I can tell you

2269
01:53:37,699 --> 01:53:39,901
that I personally have spent

2270
01:53:39,901 --> 01:53:42,301
thousands of hours with

2271
01:53:43,400 --> 01:53:44,706
residents, and as one can

2272
01:53:44,706 --> 01:53:45,640
imagine, 240,000 residents don't

2273
01:53:45,640 --> 01:53:48,400
all agree on anything.

2274
01:53:48,510 --> 01:53:50,945
I have not received a thousand

2275
01:53:50,945 --> 01:53:51,946
e-mails, but I have spent over

2276
01:53:51,946 --> 01:53:53,382
the last couple of years,

2277
01:53:53,382 --> 01:53:53,782
thousands of hours with

2278
01:53:53,782 --> 01:53:55,782
residents.

2279
01:53:56,180 --> 01:53:56,318
There is support and there's

2280
01:53:56,318 --> 01:53:58,318
opposition.

2281
01:53:59,187 --> 01:54:01,890
Let's talk about the density,

2282
01:54:01,890 --> 01:54:02,790
the numbers that I have -- that

2283
01:54:02,790 --> 01:54:03,925
I support, which are

2284
01:54:03,925 --> 01:54:05,627
significantly lower than what

2285
01:54:05,627 --> 01:54:08,270
the state will allow.

2286
01:54:09,364 --> 01:54:11,799
The density is 21 -- about 21.5

2287
01:54:11,799 --> 01:54:14,469
units per acre, and as

2288
01:54:14,469 --> 01:54:16,869
comparison, there are projects

2289
01:54:17,380 --> 01:54:20,800
in the air park, in that same

2290
01:54:20,800 --> 01:54:20,909
region that are 60 units to the

2291
01:54:20,909 --> 01:54:22,909
acre.

2292
01:54:26,470 --> 01:54:27,282
So the density here has changed

2293
01:54:27,282 --> 01:54:29,682
changedes so dramatically, and

2294
01:54:30,518 --> 01:54:32,321
people are so upeat set about

2295
01:54:32,321 --> 01:54:33,755
the -- upset about the original

2296
01:54:33,755 --> 01:54:34,689
number, it got lost in the

2297
01:54:34,689 --> 01:54:36,689
negotiations.

2298
01:54:37,559 --> 01:54:39,894
I also want to stress that,

2299
01:54:39,894 --> 01:54:41,163
again, the community has been

2300
01:54:41,163 --> 01:54:43,163
very involved.

2301
01:54:44,566 --> 01:54:45,200
we all are up here representing

2302
01:54:45,200 --> 01:54:47,169
residents.

2303
01:54:47,169 --> 01:54:50,710
Residents don't all agree on

2304
01:54:50,710 --> 01:54:51,740
everything, and I think the

2305
01:54:51,740 --> 01:54:53,708
former employee spoke

2306
01:54:53,708 --> 01:54:55,377
beautifully about change, we

2307
01:54:55,377 --> 01:54:57,379
choose scottsdale, we love

2308
01:54:57,379 --> 01:54:59,379
scottsdale, change upsets

2309
01:55:00,248 --> 01:55:02,648
everybody, and the incredible

2310
01:55:02,817 --> 01:55:04,585
opposition to the waterfront,

2311
01:55:04,585 --> 01:55:05,187
reminds me of tonight's

2312
01:55:05,187 --> 01:55:07,187
decision.

2313
01:55:08,824 --> 01:55:11,824
The waterfront saved our mall,

2314
01:55:15,960 --> 01:55:18,660
it is one of the most vibrant

2315
01:55:18,660 --> 01:55:20,660
and economically beneficial

2316
01:55:20,569 --> 01:55:22,969
spots in our city.

2317
01:55:24,706 --> 01:55:27,576
It was a height, 150-foot

2318
01:55:27,576 --> 01:55:30,646
towers, for open space trade and

2319
01:55:30,646 --> 01:55:32,681
that council, at that time, mary

2320
01:55:32,681 --> 01:55:33,315
man ross was mayor, went ahead

2321
01:55:33,315 --> 01:55:35,715
and did not that.

2322
01:55:36,840 --> 01:55:38,620
What we have here today is dirt

2323
01:55:38,620 --> 01:55:40,188
on a freeway that is not

2324
01:55:40,188 --> 01:55:41,990
productive, not helpful to the

2325
01:55:41,990 --> 01:55:43,425
neighbors, not helpful to

2326
01:55:43,425 --> 01:55:45,894
anyone, and it will be developed

2327
01:55:45,894 --> 01:55:47,129
just look a couple miles east

2328
01:55:47,129 --> 01:55:47,829
and see what warehouses look

2329
01:55:47,829 --> 01:55:49,829
like.

2330
01:55:51,200 --> 01:55:52,634
So what we are proposing here is

2331
01:55:52,634 --> 01:55:55,170
not -- no apartments, that's not

2332
01:55:55,170 --> 01:55:56,505
on the table, but what we are

2333
01:55:56,505 --> 01:55:58,206
proving is something that's very

2334
01:55:58,206 --> 01:56:00,708
low density for the area.

2335
01:56:00,708 --> 01:56:01,910
Thank you.

2336
01:56:01,910 --> 01:56:03,212
>> Mayor Borowsky: thank you.

2337
01:56:03,212 --> 01:56:03,812
Vice mayor kwasman.

2338
01:56:03,812 --> 01:56:04,846
>> Vice Mayor Kwasman: thank

2339
01:56:04,846 --> 01:56:06,846
you, MADAM Mayor.

2340
01:56:08,160 --> 01:56:11,353
I move to adopt resolution no.

2341
01:56:11,353 --> 01:56:13,353
1356, adopting contract no.

2342
01:56:16,658 --> 01:56:18,193
2025-195-cos.

2343
01:56:18,193 --> 01:56:20,228
Between the city and axon

2344
01:56:20,228 --> 01:56:21,996
enterprise, inc. With the

2345
01:56:21,996 --> 01:56:24,396
following modify kicks, why

2346
01:56:24,833 --> 01:56:26,301
section 6 amended to -- as

2347
01:56:26,301 --> 01:56:28,701
amended, as previously amended

2348
01:56:29,710 --> 01:56:31,471
by the last amendment.

2349
01:56:31,506 --> 01:56:33,442
And then the following

2350
01:56:33,442 --> 01:56:35,177
modifications.

2351
01:56:35,177 --> 01:56:37,379
section 6 is amended to reduce

2352
01:56:37,379 --> 01:56:40,682
the total number of units from

2353
01:56:40,682 --> 01:56:43,351
1500 units to 1200 units, and of

2354
01:56:43,351 --> 01:56:45,521
the 1200 units, 600 will be

2355
01:56:45,521 --> 01:56:45,888
apartmented why, 600

2356
01:56:45,888 --> 01:56:47,888
condominiums.

2357
01:56:47,889 --> 01:56:49,491
First phase will be 500

2358
01:56:49,491 --> 01:56:51,491
apartments, 100 condominiums,

2359
01:56:52,940 --> 01:56:54,162
second phase c apartments, and

2360
01:56:54,162 --> 01:56:55,363
500 condominiums as designated

2361
01:56:55,363 --> 01:56:56,932
in the mou.

2362
01:56:56,932 --> 01:56:58,968
The city council authorizes the

2363
01:56:58,968 --> 01:57:01,103
city manager and the interim

2364
01:57:01,103 --> 01:57:02,738
city attorney to make conforming

2365
01:57:02,738 --> 01:57:05,138
changes consistent with this

2366
01:57:05,341 --> 01:57:07,341
modification.

2367
01:57:09,177 --> 01:57:10,278
And before I finish my motion,

2368
01:57:10,278 --> 01:57:13,382
with that sitting on the table,

2369
01:57:13,382 --> 01:57:15,116
do I need to amend my motion,

2370
01:57:15,116 --> 01:57:18,116
MR. City attorney, to discuss

2371
01:57:19,354 --> 01:57:20,889
the -- to discuss the 48-hour

2372
01:57:20,889 --> 01:57:25,890
aspect of it or is that coming

2373
01:57:25,660 --> 01:57:26,361
in a later --

2374
01:57:26,361 --> 01:57:28,663
>> Acting City Atty. Santaella: h

2375
01:57:28,663 --> 01:57:31,534
onorable mayor and vice mayor,

2376
01:57:31,534 --> 01:57:34,503
members of the city council, you

2377
01:57:34,503 --> 01:57:36,171
can -- when we get to that item,

2378
01:57:36,171 --> 01:57:37,439
it should be amended

2379
01:57:37,439 --> 01:57:39,839
appropriately just to say

2380
01:57:40,109 --> 01:57:42,110
regarding the signature stuff.

2381
01:57:42,110 --> 01:57:42,745
If that makes sense.

2382
01:57:42,745 --> 01:57:44,780
>> Vice Mayor Kwasman: nothing

2383
01:57:44,780 --> 01:57:45,413
else right now.

2384
01:57:45,413 --> 01:57:46,181
Okay.

2385
01:57:46,181 --> 01:57:48,181
.

2386
01:57:48,717 --> 01:57:50,953
>> if I MAY, I would suggest

2387
01:57:50,953 --> 01:57:53,953
there was, I understand, a

2388
01:57:54,156 --> 01:57:55,624
discussion about a proportional

2389
01:57:55,624 --> 01:57:58,360
reduction in the commercial as

2390
01:57:58,360 --> 01:57:59,694
it relates to the reduction on

2391
01:57:59,694 --> 01:58:01,263
the -- reduction on the

2392
01:58:01,263 --> 01:58:03,263
residential piece.

2393
01:58:04,700 --> 01:58:08,300
So it was to be commensurate

2394
01:58:08,470 --> 01:58:09,271
with that reduction.

2395
01:58:09,271 --> 01:58:10,272
>> Vice Mayor Kwasman: then I'm

2396
01:58:10,272 --> 01:58:11,673
going to restate my motion if I

2397
01:58:11,673 --> 01:58:13,673
can, MADAM Mayor.

2398
01:58:15,710 --> 01:58:19,310
I move to adopt resolution no.

2399
01:58:20,315 --> 01:58:22,715
1357 adopting contract no --

2400
01:58:25,210 --> 01:58:25,254
2025-195-cos as previously

2401
01:58:25,254 --> 01:58:26,789
amended.

2402
01:58:26,789 --> 01:58:28,557
Between city -- between the city

2403
01:58:28,557 --> 01:58:30,325
of scottsdale and axon

2404
01:58:30,325 --> 01:58:31,159
enterprise, inc. With the

2405
01:58:31,159 --> 01:58:32,594
following modifications, section

2406
01:58:32,594 --> 01:58:35,263
6 amended to reduce the total

2407
01:58:35,263 --> 01:58:36,698
number of units from 1,500 units

2408
01:58:36,698 --> 01:58:38,698
to 1,200 units.

2409
01:58:40,135 --> 01:58:42,370
Of the 1,200 units, 600 of those

2410
01:58:42,370 --> 01:58:44,339
units will be apartments and 600

2411
01:58:44,339 --> 01:58:46,375
units will be condominiums.

2412
01:58:46,375 --> 01:58:48,177
The first phase will be 500

2413
01:58:48,177 --> 01:58:49,645
apartments and 100 condominiums.

2414
01:58:49,645 --> 01:58:52,645
The second phase will be 100

2415
01:58:54,483 --> 01:58:56,483
apartments and 500 condominiums.

2416
01:58:57,860 --> 01:58:58,554
Furthermore, there will be an

2417
01:58:58,554 --> 01:59:00,554
appropriate proportionate

2418
01:59:02,124 --> 01:59:04,893
reduction of commercial -- of

2419
01:59:04,893 --> 01:59:08,493
commercial space as -- in order

2420
01:59:08,731 --> 01:59:09,899
to align with the reduction in

2421
01:59:09,899 --> 01:59:11,400
residential buildings.

2422
01:59:11,400 --> 01:59:12,601
The city council authorizes the

2423
01:59:12,601 --> 01:59:15,270
city manager and interim city

2424
01:59:15,270 --> 01:59:17,906
attorney to make the conforming

2425
01:59:17,906 --> 01:59:18,640
changes, consistent with this

2426
01:59:18,640 --> 01:59:20,640
modification.

2427
01:59:21,677 --> 01:59:22,845
>> I'll second that.

2428
01:59:22,845 --> 01:59:24,913
>> Mayor Borowsky: thank you.

2429
01:59:24,913 --> 01:59:27,160
I don't see any other speakers,

2430
01:59:27,160 --> 01:59:29,180
but I'm going to be supporting

2431
01:59:29,180 --> 01:59:31,353
vice mayor kwasman's motion.

2432
01:59:31,353 --> 01:59:34,890
I think the parties have worked

2433
01:59:34,890 --> 01:59:37,593
really hard to come to a number

2434
01:59:37,593 --> 01:59:40,162
that is dramatically lower than

2435
01:59:40,162 --> 01:59:41,964
what we inherited when we

2436
01:59:41,964 --> 01:59:44,200
took -- when I took office.

2437
01:59:44,200 --> 01:59:46,600
So going from nearly 1900

2438
01:59:46,735 --> 01:59:49,735
apartments down to 600, I think,

2439
01:59:50,172 --> 01:59:51,741
is a positive result and

2440
01:59:51,741 --> 01:59:54,760
especially with all the other

2441
01:59:54,760 --> 01:59:56,711
moving parts, which you've heard

2442
01:59:56,711 --> 01:59:59,282
so much about over the past

2443
01:59:59,282 --> 02:00:00,949
eight, nine months, you know,

2444
02:00:00,949 --> 02:00:03,949
even with the election, no

2445
02:00:04,787 --> 02:00:07,490
matter the outcome, under the

2446
02:00:07,490 --> 02:00:09,658
state law, they can do the 1900

2447
02:00:09,658 --> 02:00:11,658
units or more.

2448
02:00:12,928 --> 02:00:15,831
So I spoke earlier about wanting

2449
02:00:15,831 --> 02:00:18,467
finality for me this is -- this

2450
02:00:18,467 --> 02:00:20,680
creates finality on this issue.

2451
02:00:20,680 --> 02:00:23,680
it gets the conversation moving

2452
02:00:23,172 --> 02:00:24,674
in a direction of let's break

2453
02:00:24,674 --> 02:00:27,740
ground and start construction.

2454
02:00:27,109 --> 02:00:27,509
And let's go build a great

2455
02:00:27,509 --> 02:00:29,509
project.

2456
02:00:31,470 --> 02:00:32,615
So I am pleased about that, I

2457
02:00:32,615 --> 02:00:34,249
appreciate the rester, all of

2458
02:00:34,249 --> 02:00:37,619
the efforts that went into it.

2459
02:00:37,619 --> 02:00:39,322
We have all -- we've all worked

2460
02:00:39,322 --> 02:00:40,656
fairly tirelessly on this, and,

2461
02:00:40,656 --> 02:00:42,791
you know, that involves talking

2462
02:00:42,791 --> 02:00:45,160
to all of the residents as well.

2463
02:00:45,160 --> 02:00:46,395
And I just wanted to touch on

2464
02:00:46,395 --> 02:00:48,970
the self certification element

2465
02:00:48,970 --> 02:00:49,365
of this, I'm actually very

2466
02:00:49,365 --> 02:00:50,766
excited about this.

2467
02:00:50,766 --> 02:00:53,202
I like the fact that we are

2468
02:00:53,202 --> 02:00:57,173
going to do a test case here.

2469
02:00:57,173 --> 02:01:00,509
Especially when we have -- we

2470
02:01:00,509 --> 02:01:00,910
can have a role in this election -- in the selection of

2471
02:01:00,910 --> 02:01:02,910
the individual.

2472
02:01:03,345 --> 02:01:05,781
We are in good shape there.

2473
02:01:05,781 --> 02:01:08,781
I know other jurisdictions have

2474
02:01:09,218 --> 02:01:12,622
this, and they outsource the --

2475
02:01:12,622 --> 02:01:14,356
you know, those obligations to

2476
02:01:14,356 --> 02:01:16,192
third party, and I think it's

2477
02:01:16,192 --> 02:01:17,559
going to be great to see how

2478
02:01:17,559 --> 02:01:19,559
that works.

2479
02:01:19,795 --> 02:01:20,329
And I think that's all that I

2480
02:01:20,329 --> 02:01:21,397
have.

2481
02:01:21,397 --> 02:01:22,865
But I will be supporting the

2482
02:01:22,865 --> 02:01:24,865
motion.

2483
02:01:24,900 --> 02:01:27,900
So without any further comments,

2484
02:01:36,612 --> 02:01:40,812
let's go ahead and take a vote.

2485
02:01:41,170 --> 02:01:43,170
>> point of order.

2486
02:01:44,787 --> 02:01:45,220
Is this item no. 2, 3 and 4 or

2487
02:01:45,220 --> 02:01:45,788
just 2.

2488
02:01:45,788 --> 02:01:47,556
>> Mayor Borowsky: just 2.

2489
02:01:47,556 --> 02:01:47,710
Why we have to go through 3 and

2490
02:01:47,710 --> 02:01:48,691
4.

2491
02:01:48,691 --> 02:01:50,691
All right.

2492
02:01:52,270 --> 02:01:54,270
Okay.

2493
02:01:54,730 --> 02:01:57,730
That motion passes, and moving

2494
02:01:59,736 --> 02:02:00,235
right along.

2495
02:02:00,235 --> 02:02:02,235
All right.

2496
02:02:03,105 --> 02:02:04,274
And so item no. 3, the

2497
02:02:04,274 --> 02:02:05,274
self-certification and third

2498
02:02:05,274 --> 02:02:07,274
party certification.

2499
02:02:08,978 --> 02:02:10,790
This is a request -- was that in

2500
02:02:10,790 --> 02:02:10,446
your motion?

2501
02:02:10,446 --> 02:02:12,446
okay.

2502
02:02:12,982 --> 02:02:15,984
This is a request to consider

2503
02:02:15,984 --> 02:02:17,219
ordinance no. 4697 authorizing

2504
02:02:17,219 --> 02:02:19,210
the establishment of a self

2505
02:02:19,210 --> 02:02:21,210
certification and third-party

2506
02:02:21,900 --> 02:02:22,240
certification program for

2507
02:02:22,240 --> 02:02:24,240
qualified international

2508
02:02:24,293 --> 02:02:26,293
headquarters campuses.

2509
02:02:26,862 --> 02:02:28,397
The proposed ordinance enables

2510
02:02:28,397 --> 02:02:29,731
licensed professionals,

2511
02:02:29,731 --> 02:02:32,131
architects and engineers, to

2512
02:02:32,668 --> 02:02:35,680
certify plans and inspections.

2513
02:02:35,471 --> 02:02:37,540
Applies only to projects

2514
02:02:37,540 --> 02:02:39,940
qualifying under arizona revised

2515
02:02:43,546 --> 02:02:45,546
statutes section 9-461.19.

2516
02:02:45,981 --> 02:02:48,718
And includes provisions for city

2517
02:02:48,718 --> 02:02:50,186
oversight, audit rights and

2518
02:02:50,186 --> 02:02:52,186
enforcement.

2519
02:02:55,491 --> 02:02:57,293
And will be sunsetted on JANUARY 1, 2035, unless extended

2520
02:02:57,293 --> 02:02:59,293
extended.

2521
02:02:59,795 --> 02:03:02,364
So I know we have a couple of

2522
02:03:02,364 --> 02:03:05,868
speakers on this, let's turn to

2523
02:03:05,868 --> 02:03:09,468
those, gail golic, fired by tim

2524
02:03:20,116 --> 02:03:22,516
lesoto and gabby hitchcock.

2525
02:03:23,352 --> 02:03:25,120
>> good evening, MADAM Mayor and

2526
02:03:25,120 --> 02:03:27,857
council members, my name is gail

2527
02:03:27,857 --> 02:03:30,293
golic, and I am a state

2528
02:03:30,293 --> 02:03:31,994
committeemen with ld3 and

2529
02:03:31,994 --> 02:03:33,496
scottsdale resident.

2530
02:03:33,496 --> 02:03:35,998
This is basically we are going

2531
02:03:35,998 --> 02:03:37,434
to be speaking the same -- the

2532
02:03:37,434 --> 02:03:40,434
same thing that I mentioned

2533
02:03:41,303 --> 02:03:42,438
before, but I want to reiterate

2534
02:03:42,438 --> 02:03:44,438
this.

2535
02:03:45,407 --> 02:03:47,410
I'm speaking on agenda item 3,

2536
02:03:47,410 --> 02:03:48,310
which creates a self

2537
02:03:48,310 --> 02:03:50,310
certification third party

2538
02:03:51,800 --> 02:03:51,614
permitting programs for large

2539
02:03:51,614 --> 02:03:53,614
headquarter developments.

2540
02:03:54,417 --> 02:03:57,530
This item must be considered a

2541
02:03:57,530 --> 02:03:59,560
light of a simple but extremely

2542
02:03:59,560 --> 02:04:01,291
fact, axon no longer has any

2543
02:04:01,291 --> 02:04:03,291
water obligation.

2544
02:04:04,694 --> 02:04:06,462
That means scottsdale must

2545
02:04:06,462 --> 02:04:08,462
independently demonstrate the

2546
02:04:09,331 --> 02:04:11,731
required 100-year assured water

2547
02:04:12,401 --> 02:04:14,303
supply before it advances

2548
02:04:14,303 --> 02:04:16,306
permitting for this project.

2549
02:04:16,306 --> 02:04:18,942
And state law is absolutely

2550
02:04:18,942 --> 02:04:20,743
clear on whether this -- excuse

2551
02:04:20,743 --> 02:04:24,280
me, when this proof must clear.

2552
02:04:24,280 --> 02:04:25,781
I want to quote the statut.

2553
02:04:25,781 --> 02:04:29,252
A plat of a subdivision shall

2554
02:04:29,252 --> 02:04:31,454
not be approved by a city or

2555
02:04:31,454 --> 02:04:34,454
town unless the director has

2556
02:04:34,457 --> 02:04:36,857
determined that the subdivision

2557
02:04:38,194 --> 02:04:41,194
has an assured water supply.

2558
02:04:41,664 --> 02:04:45,468
And even more to the point, ars

2559
02:04:45,468 --> 02:04:47,570
ars545-576h, a center town shall

2560
02:04:47,570 --> 02:04:48,704
not approve a plat or permit the

2561
02:04:48,704 --> 02:04:51,104
construction of a subdivision

2562
02:04:51,240 --> 02:04:54,240
unless an assured water supply

2563
02:04:54,243 --> 02:04:55,711
has been demonstrated.

2564
02:04:55,711 --> 02:04:57,711
A self-certification permitting

2565
02:04:58,381 --> 02:05:00,349
program is, by definition, a

2566
02:05:00,349 --> 02:05:02,349
program that permits

2567
02:05:02,352 --> 02:05:04,352
construction, therefore, under

2568
02:05:05,870 --> 02:05:06,956
45-576, it cannot be improved

2569
02:05:06,956 --> 02:05:09,956
unless the city has already

2570
02:05:11,600 --> 02:05:11,661
demonstrated the 100-year water

2571
02:05:11,661 --> 02:05:12,762
supply.

2572
02:05:12,762 --> 02:05:14,762
But scottsdale cannot

2573
02:05:15,970 --> 02:05:15,264
demonstrate it and has admitted

2574
02:05:15,264 --> 02:05:17,264
so.

2575
02:05:17,600 --> 02:05:18,401
In the city's NOVEMBER 4

2576
02:05:18,401 --> 02:05:20,401
petition response, scottsdale

2577
02:05:20,603 --> 02:05:21,637
confirmed it has no

2578
02:05:21,637 --> 02:05:23,539
documentation identifying the

2579
02:05:23,539 --> 02:05:26,242
water sources for this project,

2580
02:05:26,242 --> 02:05:27,343
it has no 100-year demand

2581
02:05:27,343 --> 02:05:29,743
calculations, it has no

2582
02:05:30,346 --> 02:05:32,346
up-to-date water portfolio

2583
02:05:33,449 --> 02:05:34,918
analysis, it has no enforceable

2584
02:05:34,918 --> 02:05:36,619
water commitments from axon,

2585
02:05:36,619 --> 02:05:40,219
never mind, don't need it and

2586
02:05:41,230 --> 02:05:43,225
scottsdale is relying on the

2587
02:05:43,225 --> 02:05:45,625
2013daws whose planning horizon

2588
02:05:45,995 --> 02:05:47,230
only goes through 2025.

2589
02:05:47,230 --> 02:05:48,598
That's only six weeks from now.

2590
02:05:48,598 --> 02:05:51,598
The city further admitted that

2591
02:05:53,690 --> 02:05:54,938
the supporting documents for the -- that is no longer in its

2592
02:05:54,938 --> 02:05:57,607
possession and adwr has not

2593
02:05:57,607 --> 02:05:58,541
approved scottsdale's new -- the

2594
02:05:58,541 --> 02:06:00,541
water supply plan.

2595
02:06:01,411 --> 02:06:03,313
This means scottsdale's 100-year

2596
02:06:03,313 --> 02:06:04,880
water model does not extend

2597
02:06:04,880 --> 02:06:06,880
beyond 2025.

2598
02:06:07,417 --> 02:06:09,852
The city is outside its planning

2599
02:06:09,852 --> 02:06:11,721
orize oon and cannot show 100

2600
02:06:11,721 --> 02:06:12,188
year water supply required by

2601
02:06:12,188 --> 02:06:13,690
law.

2602
02:06:13,690 --> 02:06:14,925
Therefore approving item 3 today

2603
02:06:14,925 --> 02:06:16,925
which advances construction

2604
02:06:17,460 --> 02:06:19,860
without a demonstrated 100-year

2605
02:06:20,396 --> 02:06:21,697
water supply would violate that.

2606
02:06:21,697 --> 02:06:23,800
It would move a development

2607
02:06:23,800 --> 02:06:25,702
forward with no water

2608
02:06:25,702 --> 02:06:28,702
obligations from the city, no

2609
02:06:28,738 --> 02:06:30,240
proof of 100-year map and expire

2610
02:06:30,240 --> 02:06:32,240
2013 planning horizon.

2611
02:06:32,375 --> 02:06:34,711
This exposes the city to legal

2612
02:06:34,711 --> 02:06:37,111
challenge and adwr review.

2613
02:06:38,448 --> 02:06:39,682
Jim urge you to vote no on item

2614
02:06:39,682 --> 02:06:40,750
3 until the documentation is

2615
02:06:40,750 --> 02:06:42,750
publicly produced.

2616
02:06:42,752 --> 02:06:44,153
Thank you for your time.

2617
02:06:44,153 --> 02:06:45,222
>> Mayor Borowsky: thank you.

2618
02:06:45,222 --> 02:06:46,789
Tim lesota.

2619
02:06:46,789 --> 02:06:48,191
>> I already spoke on this item.

2620
02:06:48,191 --> 02:06:50,191
Why effectively.

2621
02:06:50,460 --> 02:06:52,860
>> Mayor Borowsky: thanks, gabby

2622
02:07:03,206 --> 02:07:05,206
hitchcock.

2623
02:07:06,476 --> 02:07:06,709
I don't see gabby hitchcock.

2624
02:07:06,709 --> 02:07:07,611
Anybody?

2625
02:07:07,611 --> 02:07:08,445
No.

2626
02:07:08,445 --> 02:07:09,379
All right.

2627
02:07:09,379 --> 02:07:11,379
Moving right along.

2628
02:07:14,830 --> 02:07:16,483
That concludes the speakers.

2629
02:07:21,190 --> 02:07:24,394
And so anyone want to bring a

2630
02:07:24,394 --> 02:07:26,394
motion.

2631
02:07:29,332 --> 02:07:31,401
>> mayor, I am going to motion

2632
02:07:31,401 --> 02:07:33,401
motion -- yeah.

2633
02:07:34,137 --> 02:07:36,720
Request adopt ordinance no. 4697

2634
02:07:36,720 --> 02:07:38,375
authorizing the establishment of

2635
02:07:38,375 --> 02:07:39,175
the self-certification and

2636
02:07:39,175 --> 02:07:40,944
third-party certification

2637
02:07:40,944 --> 02:07:42,379
program for qualified

2638
02:07:42,379 --> 02:07:42,879
international headquarter

2639
02:07:42,879 --> 02:07:44,879
campuses.

2640
02:07:45,181 --> 02:07:45,882
The proposed ordinance enables

2641
02:07:45,882 --> 02:07:47,116
licensed professionals,

2642
02:07:47,116 --> 02:07:48,819
architects and engineers to

2643
02:07:48,819 --> 02:07:51,210
certify plans and inspections.

2644
02:07:51,210 --> 02:07:53,923
Will applies only to projects

2645
02:07:53,923 --> 02:07:56,323
qualifying under arizona revised

2646
02:07:57,727 --> 02:07:59,727
statutes section 9-461.19,

2647
02:07:59,729 --> 02:08:01,297
includes provisions for city

2648
02:08:01,297 --> 02:08:02,310
oversight, audit rights and

2649
02:08:02,310 --> 02:08:03,566
enforcement.

2650
02:08:03,566 --> 02:08:06,536
It is proposed to sunset on

2651
02:08:06,536 --> 02:08:08,536
january 1, 2035, unless extended

2652
02:08:09,773 --> 02:08:10,907
extended.

2653
02:08:10,907 --> 02:08:12,907
>> second.

2654
02:08:13,143 --> 02:08:13,676
>> Mayor Borowsky: all those in

2655
02:08:13,676 --> 02:08:15,440
favor?

2656
02:08:15,440 --> 02:08:16,780
Excuse me.

2657
02:08:16,780 --> 02:08:18,382
Go right ahead.

2658
02:08:18,382 --> 02:08:19,949
>> mayor and members of the

2659
02:08:19,949 --> 02:08:21,752
council, there is no delayed

2660
02:08:21,752 --> 02:08:24,752
repeal date in the ordinance

2661
02:08:34,163 --> 02:08:35,165
that was presented, I believe.

2662
02:08:35,165 --> 02:08:38,502
>> Mayor Borowsky: do we need to

2663
02:08:38,502 --> 02:08:39,435
do anything about that?

2664
02:08:39,435 --> 02:08:40,303
>> Acting City Atty. Santaella: t

2665
02:08:40,303 --> 02:08:43,903
he signed copy I submitted did

2666
02:08:44,700 --> 02:08:47,578
not have a delayed repeal date.

2667
02:08:47,578 --> 02:08:49,613
So that's the issue where the --

2668
02:08:49,613 --> 02:08:52,816
I believe the ordinance does not

2669
02:08:52,816 --> 02:08:55,685
have a delayed repeal date.

2670
02:08:55,685 --> 02:08:59,490
>> to clarify do I need to take

2671
02:08:59,490 --> 02:08:59,823
out the proposed sunset date

2672
02:08:59,823 --> 02:09:01,257
toronto yes.

2673
02:09:01,257 --> 02:09:03,657
>> I'll strike the last

2674
02:09:06,463 --> 02:09:07,564
sentence, is proposed to sunset.

2675
02:09:07,564 --> 02:09:07,797
>> Mayor Borowsky: COUNCILMAN

2676
02:09:07,797 --> 02:09:08,465
Graham.

2677
02:09:08,465 --> 02:09:08,732
>> Councilmember Graham: thank

2678
02:09:08,732 --> 02:09:10,732
you.

2679
02:09:12,569 --> 02:09:14,704
It does is proposed to sunset

2680
02:09:14,704 --> 02:09:17,374
JANUARY 1, 2035, so I just --

2681
02:09:17,374 --> 02:09:18,750
that's what I'm reading.

2682
02:09:18,750 --> 02:09:21,100
>> Acting City Atty. Santaella: t

2683
02:09:21,100 --> 02:09:22,145
here's an error on the agenda

2684
02:09:22,145 --> 02:09:23,814
language, but the actual

2685
02:09:23,814 --> 02:09:25,315
ordinance doesn't have a delayed

2686
02:09:25,315 --> 02:09:26,160
repeal date.

2687
02:09:26,160 --> 02:09:27,817
>> Councilmember Graham: okay.

2688
02:09:27,817 --> 02:09:28,885
So the -- okay.

2689
02:09:28,885 --> 02:09:30,487
>> Acting City Atty. Santaella: s

2690
02:09:30,487 --> 02:09:33,356
o she council can adopt it

2691
02:09:33,356 --> 02:09:36,326
either way, it could add it into

2692
02:09:36,326 --> 02:09:39,326
the ordinance that was attached.

2693
02:09:39,362 --> 02:09:41,264
Or keep it out.

2694
02:09:41,264 --> 02:09:43,266
My understanding it's going to

2695
02:09:43,266 --> 02:09:45,368
take axon much longer than ten

2696
02:09:45,368 --> 02:09:48,368
years or whatever to finish

2697
02:09:51,875 --> 02:09:53,744
their campus.

2698
02:09:53,744 --> 02:09:56,112
>> then I choose to strike it

2699
02:09:56,112 --> 02:09:58,112
from my motion.

2700
02:09:58,649 --> 02:10:01,490
>> I'll second the motion

2701
02:10:02,285 --> 02:10:04,387
with -- that section struck out.

2702
02:10:04,387 --> 02:10:05,722
>> just so the council knows,

2703
02:10:05,722 --> 02:10:07,224
you can always come back and

2704
02:10:07,224 --> 02:10:09,224
change ordinances.

2705
02:10:09,893 --> 02:10:11,895
This was just an automatically

2706
02:10:11,895 --> 02:10:13,363
take it off the boobs.

2707
02:10:13,363 --> 02:10:14,732
>> mayor, I'd like to speak to

2708
02:10:14,732 --> 02:10:15,332
my motion.

2709
02:10:15,332 --> 02:10:15,531
>> Mayor Borowsky: go right

2710
02:10:15,531 --> 02:10:16,733
ahead.

2711
02:10:16,733 --> 02:10:18,301
>> for those of you in the

2712
02:10:18,301 --> 02:10:21,901
audience, this is a very common

2713
02:10:22,720 --> 02:10:23,173
practice to have third party

2714
02:10:23,173 --> 02:10:24,541
certification, almost all the

2715
02:10:24,541 --> 02:10:26,176
cities do it, especially on

2716
02:10:26,176 --> 02:10:27,845
massive projects.

2717
02:10:27,845 --> 02:10:29,179
We'll be entering into a new

2718
02:10:29,179 --> 02:10:30,848
phase here in scottsdale doing

2719
02:10:30,848 --> 02:10:32,716
this, but it is a very common

2720
02:10:32,716 --> 02:10:33,550
practice, and it's one that

2721
02:10:33,550 --> 02:10:35,550
helps expedite.

2722
02:10:36,586 --> 02:10:38,455
The reason why we do it, in

2723
02:10:38,455 --> 02:10:40,570
other cities, through my

2724
02:10:40,570 --> 02:10:41,959
research, is that we don't

2725
02:10:41,959 --> 02:10:42,859
always have enough staff to

2726
02:10:42,859 --> 02:10:44,859
expedite what's happening,

2727
02:10:45,195 --> 02:10:46,629
enough planners, enough

2728
02:10:46,629 --> 02:10:48,298
reviewers, enough engineers, so

2729
02:10:48,298 --> 02:10:49,867
then when you have a third party

2730
02:10:49,867 --> 02:10:51,134
doing it, it's just like over

2731
02:10:51,134 --> 02:10:53,534
time for public safety.

2732
02:10:54,338 --> 02:10:56,206
It helps expedite a process.

2733
02:10:56,206 --> 02:10:57,874
But professionally and you use

2734
02:10:57,874 --> 02:10:59,676
the right people that you need

2735
02:10:59,676 --> 02:11:01,278
to accomplish the right goals.

2736
02:11:01,278 --> 02:11:02,946
So this is a common practice.

2737
02:11:02,946 --> 02:11:05,549
I don't want anybody to think we

2738
02:11:05,549 --> 02:11:06,216
are doing something crazy.

2739
02:11:06,216 --> 02:11:08,616
>> Mayor Borowsky: all right.

2740
02:11:17,600 --> 02:11:17,595
All those in favor?

2741
02:11:17,595 --> 02:11:19,595
Okay.

2742
02:11:20,764 --> 02:11:21,731
Thank you very much.

2743
02:11:21,731 --> 02:11:23,731
All right.

2744
02:11:25,235 --> 02:11:28,238
Next we have item no. 4, repeal

2745
02:11:28,238 --> 02:11:30,340
of ordinance no. 4658 relating

2746
02:11:30,340 --> 02:11:33,376
to axon rezoning, this is a

2747
02:11:33,376 --> 02:11:36,346
request to adopt ordinance no.

2748
02:11:36,346 --> 02:11:37,447
4698 which amends ordinance no.

2749
02:11:37,447 --> 02:11:39,490
455, the zoning ordinance of the

2750
02:11:39,490 --> 02:11:41,251
city of scottsdale and

2751
02:11:41,251 --> 02:11:44,210
authorizing the repeal of zoning

2752
02:11:44,210 --> 02:11:46,421
ordinance no. 4658, which would

2753
02:11:46,757 --> 02:11:49,157
restore the prior zoning

2754
02:11:50,660 --> 02:11:52,660
designation for 44.7-acre-site

2755
02:11:55,131 --> 02:11:57,234
located at 8300 east axon way.

2756
02:11:57,234 --> 02:11:59,202
And there's one speaker, gail,

2757
02:11:59,202 --> 02:11:59,603
did you want to speak again on

2758
02:11:59,603 --> 02:12:00,704
this?

2759
02:12:00,704 --> 02:12:01,571
No, okay.

2760
02:12:01,571 --> 02:12:03,571
All right.

2761
02:12:05,342 --> 02:12:07,644
So I'll entertain a motion.

2762
02:12:07,644 --> 02:12:08,645
Go right ahead, COUNCILWOMAN

2763
02:12:08,645 --> 02:12:09,213
Whitehead.

2764
02:12:09,213 --> 02:12:09,947
>> Councilmember Whitehead: okay

2765
02:12:09,947 --> 02:12:11,947
, thank you, mayor.

2766
02:12:14,451 --> 02:12:17,688
I move to adopt ordinance no.

2767
02:12:17,688 --> 02:12:19,256
4658, amending, 455, the zoning

2768
02:12:19,256 --> 02:12:22,256
ordinance of city of scottsdale

2769
02:12:22,359 --> 02:12:24,828
and authorizing the repeal of

2770
02:12:24,828 --> 02:12:26,829
zoning ordinance no. 4658 which

2771
02:12:26,829 --> 02:12:29,660
would restore the prior zoning

2772
02:12:29,660 --> 02:12:31,466
decision nature for the

2773
02:12:32,603 --> 02:12:34,603
44.7-acre-site located at 8300

2774
02:12:35,500 --> 02:12:35,839
east axon way.

2775
02:12:35,839 --> 02:12:37,541
.

2776
02:12:37,541 --> 02:12:39,676
>> I would like to -- are we

2777
02:12:39,676 --> 02:12:41,245
going to used the date?

2778
02:12:41,245 --> 02:12:43,245
I would like.

2779
02:12:45,215 --> 02:12:49,415
>> I would like to add that we

2780
02:12:51,154 --> 02:12:52,589
are requiring -- this is

2781
02:12:52,589 --> 02:12:56,189
repealed at the end of the

2782
02:12:58,950 --> 02:13:00,631
business day on 11-19 when we

2783
02:13:00,631 --> 02:13:02,165
receive the mou -- a signed mou,

2784
02:13:02,165 --> 02:13:03,700
I'd like to add that to the

2785
02:13:03,700 --> 02:13:05,169
motion.

2786
02:13:05,169 --> 02:13:07,704
>> Acting City Atty. Santaella: m

2787
02:13:07,704 --> 02:13:10,704
embers of the council, normally

2788
02:13:10,774 --> 02:13:13,610
once -- absent an emergency, an

2789
02:13:13,610 --> 02:13:14,612
ordinance is not repealed until

2790
02:13:14,612 --> 02:13:15,845
30 days.

2791
02:13:15,845 --> 02:13:16,547
So I don't believe we can used

2792
02:13:16,547 --> 02:13:18,547
that provision.

2793
02:13:20,117 --> 02:13:20,651
>> thank you.

2794
02:13:20,651 --> 02:13:21,719
>> Mayor Borowsky: okay.

2795
02:13:21,719 --> 02:13:23,220
There's a motion.

2796
02:13:23,220 --> 02:13:24,870
COUNCILMAN Graham.

2797
02:13:24,870 --> 02:13:25,222
>> Councilmember Graham: thank

2798
02:13:25,222 --> 02:13:27,222
you, mayor.

2799
02:13:27,425 --> 02:13:29,560
So I'm going to ask probably

2800
02:13:29,560 --> 02:13:30,827
almost identical set of

2801
02:13:30,827 --> 02:13:33,960
questions that I asked about

2802
02:13:33,960 --> 02:13:36,960
this earlier, because for me,

2803
02:13:36,133 --> 02:13:39,436
this is just -- trying to wrap

2804
02:13:39,436 --> 02:13:41,772
my brain around this one.

2805
02:13:41,772 --> 02:13:45,972
We are repealing an -- we are

2806
02:13:46,176 --> 02:13:47,744
repealing a rezoning that was

2807
02:13:47,744 --> 02:13:50,744
authorized during the lame duck

2808
02:13:51,716 --> 02:13:53,716
in 2024 to reauthorize

2809
02:13:54,384 --> 02:13:56,520
industrial to mixed use.

2810
02:13:56,520 --> 02:13:58,422
And this undoes that, is that

2811
02:13:58,422 --> 02:13:59,123
correct.

2812
02:13:59,123 --> 02:13:59,957
>> Acting City Atty. Santaella: m

2813
02:13:59,957 --> 02:14:03,557
ayor and members of the council,

2814
02:14:04,261 --> 02:14:05,596
yes, that is correct, it repeals

2815
02:14:05,596 --> 02:14:07,264
the -- the zoning that's

2816
02:14:07,264 --> 02:14:09,900
basically on hold because of the

2817
02:14:09,900 --> 02:14:12,350
referendum, and it makes it go

2818
02:14:12,350 --> 02:14:12,636
back to the original zoning.

2819
02:14:12,636 --> 02:14:14,636
>> Councilmember Graham: I'm

2820
02:14:18,742 --> 02:14:20,577
trying to get to my point.

2821
02:14:20,577 --> 02:14:21,711
This vote removes the --

2822
02:14:21,711 --> 02:14:23,711
> Councilmember Graham: this

2823
02:14:25,783 --> 02:14:26,450
vote removes the referendum, is

2824
02:14:26,450 --> 02:14:27,151
that correct.

2825
02:14:27,151 --> 02:14:28,418
>> Acting City Atty. Santaella: y

2826
02:14:28,418 --> 02:14:28,986
es, that's correct.

2827
02:14:28,986 --> 02:14:30,986
>> Councilmember Graham: I

2828
02:14:31,455 --> 02:14:33,524
talked about this before, but we

2829
02:14:33,524 --> 02:14:36,326
can't just -- in my mind, it's

2830
02:14:36,326 --> 02:14:37,794
just strange that we would go

2831
02:14:37,794 --> 02:14:39,897
and an applicant comes and asks

2832
02:14:39,897 --> 02:14:42,166
for a rezoning and gets it and

2833
02:14:42,166 --> 02:14:43,334
then we pass an ordinance to

2834
02:14:43,334 --> 02:14:45,334
undo it.

2835
02:14:46,170 --> 02:14:47,104
That, to me now in a normal

2836
02:14:47,104 --> 02:14:48,672
circumstance -- normal

2837
02:14:48,672 --> 02:14:51,672
circumstance, you can't do that

2838
02:14:52,109 --> 02:14:53,310
because that's, you know, a

2839
02:14:53,310 --> 02:14:55,379
downzoning, taking away property

2840
02:14:55,379 --> 02:14:57,882
value from them, and then they

2841
02:14:57,882 --> 02:15:00,518
can file a 207 challenge, which

2842
02:15:00,518 --> 02:15:01,852
is the -- which is the -- I

2843
02:15:01,852 --> 02:15:03,387
don't know if it's a

2844
02:15:03,387 --> 02:15:05,387
constitutional amendment, but

2845
02:15:07,157 --> 02:15:09,993
it's a state legislation that

2846
02:15:09,993 --> 02:15:11,228
says that cities and governments

2847
02:15:11,228 --> 02:15:12,897
can't downzone and reduce the

2848
02:15:12,897 --> 02:15:14,332
value of people's property.

2849
02:15:14,332 --> 02:15:15,866
So that's the reason why we

2850
02:15:15,866 --> 02:15:16,834
normally couldn't do it.

2851
02:15:16,834 --> 02:15:17,534
is that correct.

2852
02:15:17,534 --> 02:15:18,235
>> Acting City Atty. Santaella: I

2853
02:15:18,235 --> 02:15:19,237
think that's a good way of

2854
02:15:19,237 --> 02:15:21,237
looking at it.

2855
02:15:22,974 --> 02:15:27,174
The twist here is you have sb

2856
02:15:27,745 --> 02:15:28,512
sb1543 that basically upzones it

2857
02:15:28,512 --> 02:15:29,179
again.

2858
02:15:29,179 --> 02:15:31,179
>> Councilmember Graham: right.

2859
02:15:31,281 --> 02:15:32,983
So we go back and we say, okay,

2860
02:15:32,983 --> 02:15:35,983
we're going to delete that

2861
02:15:36,186 --> 02:15:38,586
rezoning from NOVEMBER 2024, and

2862
02:15:39,457 --> 02:15:40,791
then it would revert to

2863
02:15:40,791 --> 02:15:42,791
industrial.

2864
02:15:44,394 --> 02:15:45,862
In that case, sb1543 says if you

2865
02:15:45,862 --> 02:15:48,862
own industrial and meet all

2866
02:15:49,700 --> 02:15:52,170
these conditions, then you can

2867
02:15:52,170 --> 02:15:53,671
build, you know, apartments, it

2868
02:15:53,671 --> 02:15:56,173
goes to the other zoning.

2869
02:15:56,173 --> 02:15:58,342
Because of that, we don't think

2870
02:15:58,342 --> 02:16:00,780
that there's going to be a 207

2871
02:16:00,780 --> 02:16:01,345
challenge because the property

2872
02:16:01,345 --> 02:16:03,547
owner is going to be happy with

2873
02:16:03,547 --> 02:16:05,583
what they get when this is

2874
02:16:05,583 --> 02:16:06,283
undone, is that correct.

2875
02:16:06,283 --> 02:16:06,917
>> Acting City Atty. Santaella: y

2876
02:16:06,917 --> 02:16:09,220
es, we don't believe there would

2877
02:16:09,220 --> 02:16:09,853
be any diminishment of value.

2878
02:16:09,853 --> 02:16:11,455
>> Councilmember Graham: what

2879
02:16:11,455 --> 02:16:12,790
would happen in the case --

2880
02:16:12,790 --> 02:16:14,358
because I understand -- I don't

2881
02:16:14,358 --> 02:16:15,826
know anything about it, other

2882
02:16:15,826 --> 02:16:17,828
than the fact a legal challenge

2883
02:16:17,828 --> 02:16:20,898
is happening, what if the legal

2884
02:16:20,898 --> 02:16:23,898
challenge happens and the courts

2885
02:16:25,569 --> 02:16:27,370
rule against senate bill 1543?

2886
02:16:27,370 --> 02:16:28,305
Could -- and they say no you

2887
02:16:28,305 --> 02:16:29,306
can't do that law.

2888
02:16:29,306 --> 02:16:32,306
Could then the property owner

2889
02:16:33,444 --> 02:16:34,144
come to us with a 207 challenge?

2890
02:16:34,144 --> 02:16:35,179
>> Acting City Atty. Santaella: I

2891
02:16:35,179 --> 02:16:36,847
can't speculate on that.

2892
02:16:36,847 --> 02:16:39,183
We'd have to do the research,

2893
02:16:39,183 --> 02:16:40,651
and I'd have to provide that

2894
02:16:40,651 --> 02:16:42,353
legal advice in closed session

2895
02:16:42,353 --> 02:16:44,455
or via legal memo.

2896
02:16:44,455 --> 02:16:44,655
But it's a good point that you

2897
02:16:44,655 --> 02:16:45,289
raise.

2898
02:16:45,289 --> 02:16:47,289
>> Councilmember Graham: I

2899
02:16:47,291 --> 02:16:50,161
just -- I know it's -- I know

2900
02:16:50,161 --> 02:16:52,496
there's some kind of -- got to

2901
02:16:52,496 --> 02:16:56,960
run through the scenario, but it

2902
02:16:57,701 --> 02:17:00,905
seems to me that if I'm axon,

2903
02:17:00,905 --> 02:17:03,905
and the courts rule against

2904
02:17:04,875 --> 02:17:06,811
1543, the city just took away my

2905
02:17:06,811 --> 02:17:09,380
rezoning, and then I'm -- then

2906
02:17:09,380 --> 02:17:10,614
I'm not in a good place and then

2907
02:17:10,614 --> 02:17:12,716
I MAY have cause to challenge

2908
02:17:12,716 --> 02:17:14,952
what we did here tonight.

2909
02:17:14,952 --> 02:17:16,520
So that's why this, especially

2910
02:17:16,520 --> 02:17:20,120
this, in addition to taking away

2911
02:17:20,524 --> 02:17:22,293
the referendum, I have serious

2912
02:17:22,293 --> 02:17:24,495
concerns about this particular

2913
02:17:24,495 --> 02:17:27,599
item, and so I might make a

2914
02:17:27,599 --> 02:17:30,340
motion, if we can just defer

2915
02:17:30,340 --> 02:17:32,136
this one for the time being and

2916
02:17:32,136 --> 02:17:35,736
maybe come back next week and

2917
02:17:36,273 --> 02:17:38,475
get some legal advice because I

2918
02:17:38,475 --> 02:17:41,120
don't want to expose us -- you

2919
02:17:41,120 --> 02:17:43,414
city attorney, your goal is to

2920
02:17:43,414 --> 02:17:45,316
minimize liability.

2921
02:17:45,316 --> 02:17:47,318
Exposure to the city, this could

2922
02:17:47,318 --> 02:17:49,587
put axon in hot water, this

2923
02:17:49,587 --> 02:17:51,221
could put us in hot water.

2924
02:17:51,221 --> 02:17:53,257
So I don't want -- maybe the

2925
02:17:53,257 --> 02:17:56,527
benefit of a little more time,

2926
02:17:56,527 --> 02:17:58,829
if I could move to defer this --

2927
02:17:58,829 --> 02:17:59,364
defer this item for the time

2928
02:17:59,364 --> 02:18:01,364
being.

2929
02:18:03,667 --> 02:18:07,267
If I could get a second.

2930
02:18:09,940 --> 02:18:10,575
>> second.

2931
02:18:10,575 --> 02:18:11,750
>> Councilmember Graham: thank

2932
02:18:11,750 --> 02:18:11,709
you.

2933
02:18:11,709 --> 02:18:13,411
>> Mayor Borowsky: there was a

2934
02:18:13,411 --> 02:18:15,130
motion on the table, but there

2935
02:18:15,130 --> 02:18:16,470
was no second.

2936
02:18:16,470 --> 02:18:17,140
>> that's correct.

2937
02:18:17,140 --> 02:18:18,515
>> Mayor Borowsky: let's deal

2938
02:18:18,515 --> 02:18:19,217
with.

2939
02:18:19,217 --> 02:18:22,217
>> Vice Mayor Kwasman: can I

2940
02:18:23,187 --> 02:18:24,322
speak to council member graham's

2941
02:18:24,322 --> 02:18:26,224
motion.

2942
02:18:26,224 --> 02:18:27,826
MR. City attorney, sorry to

2943
02:18:27,826 --> 02:18:29,961
bother you -- I assume you're

2944
02:18:29,961 --> 02:18:30,829
walking to the podium.

2945
02:18:30,829 --> 02:18:33,640
>> Acting City Atty. Santaella: n

2946
02:18:33,640 --> 02:18:33,698
o.

2947
02:18:33,698 --> 02:18:36,698
>> Vice Mayor Kwasman: I just

2948
02:18:40,471 --> 02:18:43,471
want to remind everybody that

2949
02:18:46,177 --> 02:18:48,680
taaaze was willing to withdraw

2950
02:18:48,680 --> 02:18:50,114
all claims, including in support

2951
02:18:50,114 --> 02:18:52,117
and in support voting against

2952
02:18:52,117 --> 02:18:54,118
the referendum for a number

2953
02:18:54,118 --> 02:18:56,870
higher than what we just agreed

2954
02:18:56,870 --> 02:18:58,870
to just now.

2955
02:18:58,389 --> 02:19:01,292
So further -- furthermore, I

2956
02:19:01,292 --> 02:19:02,126
would like to ask the city

2957
02:19:02,126 --> 02:19:04,295
attorney, MR. City attorney, I

2958
02:19:04,295 --> 02:19:07,295
seem to remember in southbridge

2959
02:19:07,999 --> 02:19:10,468
there was precedent for withdraw

2960
02:19:10,468 --> 02:19:12,704
withdrawing a referendum prior

2961
02:19:12,704 --> 02:19:13,710
to referendum being held, is

2962
02:19:13,710 --> 02:19:14,172
that correct.

2963
02:19:14,172 --> 02:19:16,607
>> Acting City Atty. Santaella: y

2964
02:19:16,607 --> 02:19:17,141
es, that's exactly what occurred

2965
02:19:17,141 --> 02:19:17,809
occurred.

2966
02:19:17,809 --> 02:19:18,610
>> Vice Mayor Kwasman: there is

2967
02:19:18,610 --> 02:19:20,879
precedence for this, I want to

2968
02:19:20,879 --> 02:19:23,879
be clear, there's precedence for

2969
02:19:25,717 --> 02:19:27,718
this and that the actual backers

2970
02:19:27,718 --> 02:19:29,487
and founders of the organization

2971
02:19:29,487 --> 02:19:30,821
to promote the referendum was

2972
02:19:30,821 --> 02:19:33,230
okay with a number higher than

2973
02:19:33,230 --> 02:19:35,260
what we agreed to today.

2974
02:19:35,260 --> 02:19:36,594
So I just want to be very clear

2975
02:19:36,594 --> 02:19:39,264
that everybody knows the real

2976
02:19:39,264 --> 02:19:40,831
truth and to know that -- also

2977
02:19:40,831 --> 02:19:43,601
MR. City manager, I want to ask

2978
02:19:43,601 --> 02:19:45,803
two questions, if we -- if the

2979
02:19:45,803 --> 02:19:48,203
referendum were held tomorrow,

2980
02:19:50,675 --> 02:19:54,110
let's say, and axon were to win

2981
02:19:54,110 --> 02:19:57,110
the referendum, would they --

2982
02:19:57,215 --> 02:19:58,950
would we still be withdrawing

2983
02:19:58,950 --> 02:20:00,919
the -- understand what we passed

2984
02:20:00,919 --> 02:20:03,870
today, and the memorandum of

2985
02:20:03,870 --> 02:20:04,755
understanding, would we still be

2986
02:20:04,755 --> 02:20:06,324
withdrawing their development

2987
02:20:06,324 --> 02:20:08,760
agreement, which would be the

2988
02:20:08,760 --> 02:20:09,994
same outcome as if the

2989
02:20:09,994 --> 02:20:11,994
referendum failed?

2990
02:20:12,130 --> 02:20:15,466
It would be the same outcome, am

2991
02:20:15,466 --> 02:20:16,167
I correct?

2992
02:20:16,167 --> 02:20:19,167
>> Acting City Atty. Santaella: m

2993
02:20:20,638 --> 02:20:21,873
ad.

2994
02:20:21,873 --> 02:20:25,420
>> City Mgr. Caton: if we held

2995
02:20:25,420 --> 02:20:27,546
met election, and the election

2996
02:20:27,546 --> 02:20:30,314
repealed, is that the question?

2997
02:20:30,314 --> 02:20:32,850
If it were to repeal, then we

2998
02:20:32,850 --> 02:20:33,451
still have 1543 that is in

2999
02:20:33,451 --> 02:20:34,510
standing.

3000
02:20:34,510 --> 02:20:36,451
>> Vice Mayor Kwasman: which

3001
02:20:36,821 --> 02:20:39,924
would put us back into the 1900

3002
02:20:39,924 --> 02:20:40,758
apartment units that were

3003
02:20:40,758 --> 02:20:42,930
previous.

3004
02:20:42,930 --> 02:20:43,461
And so I am going to second,

3005
02:20:43,461 --> 02:20:45,430
thank you council member, I'll

3006
02:20:45,430 --> 02:20:48,633
second, but I also want to say,

3007
02:20:48,633 --> 02:20:51,770
if it were to pass, we would

3008
02:20:51,770 --> 02:20:53,104
still then be in the -- have the

3009
02:20:53,104 --> 02:20:55,206
ability to negotiate the very

3010
02:20:55,206 --> 02:20:56,474
ordinance that we just

3011
02:20:56,474 --> 02:20:58,474
negotiated just now.

3012
02:20:58,709 --> 02:21:00,709
Is that correct?

3013
02:21:01,179 --> 02:21:02,413
I'm sorry, if the referendum

3014
02:21:02,413 --> 02:21:04,820
failed, we would be able to

3015
02:21:04,820 --> 02:21:07,820
still negotiate the very same

3016
02:21:07,351 --> 02:21:08,586
mou that we just negotiated?

3017
02:21:08,586 --> 02:21:10,986
>> yeah, fair amount of

3018
02:21:11,456 --> 02:21:13,358
hypotheticals here, but MADAM

3019
02:21:13,358 --> 02:21:15,260
Mayor and vice mayor, if the

3020
02:21:15,260 --> 02:21:18,290
referendum were to be held, and

3021
02:21:18,290 --> 02:21:20,310
it failed, then one could argue

3022
02:21:20,310 --> 02:21:22,330
that you would go back to the

3023
02:21:22,330 --> 02:21:24,433
original ordinance which stands

3024
02:21:25,703 --> 02:21:29,303
at the 1900, I would point out

3025
02:21:29,541 --> 02:21:32,510
that stands in isolation from

3026
02:21:32,510 --> 02:21:33,311
1543 still being in existence.

3027
02:21:33,311 --> 02:21:34,446
>> Vice Mayor Kwasman: one with

3028
02:21:34,446 --> 02:21:34,913
the development agreement and

3029
02:21:34,913 --> 02:21:36,514
one without.

3030
02:21:36,514 --> 02:21:38,950
At the end of the day, we are

3031
02:21:38,950 --> 02:21:41,186
still at 1900 apartments, which

3032
02:21:41,186 --> 02:21:41,786
was the impetus for the

3033
02:21:41,786 --> 02:21:43,786
referendum.

3034
02:21:45,890 --> 02:21:46,910
With that, I -- we have the

3035
02:21:46,910 --> 02:21:48,459
alternate motion on the table.

3036
02:21:48,459 --> 02:21:49,594
I don't think I can second the

3037
02:21:49,594 --> 02:21:51,896
previous motion until the

3038
02:21:51,896 --> 02:21:54,896
alternate motion is voted on.

3039
02:21:56,501 --> 02:21:57,569
So I'll yield the floor.

3040
02:21:57,569 --> 02:21:58,670
>> Mayor Borowsky: city attorney

3041
02:21:58,670 --> 02:21:59,370
attorney.

3042
02:21:59,370 --> 02:22:00,805
>> Acting City Atty. Santaella: t

3043
02:22:00,805 --> 02:22:03,141
hank you, I've consulted with

3044
02:22:03,141 --> 02:22:03,975
council for axon regarding the

3045
02:22:03,975 --> 02:22:05,344
prop 207 issue.

3046
02:22:05,344 --> 02:22:07,545
They pointed out in the original

3047
02:22:07,545 --> 02:22:07,945
application, there is a prop 207

3048
02:22:07,945 --> 02:22:09,514
waiver.

3049
02:22:09,514 --> 02:22:11,914
They're also committed to

3050
02:22:12,150 --> 02:22:14,486
completing a new one related to

3051
02:22:14,486 --> 02:22:16,154
this project.

3052
02:22:16,154 --> 02:22:18,154
Or this mou.

3053
02:22:18,490 --> 02:22:19,891
So just wanted to bring that to

3054
02:22:19,891 --> 02:22:21,226
everyone's attention.

3055
02:22:21,226 --> 02:22:23,227
>> Mayor Borowsky: okay, thank

3056
02:22:23,227 --> 02:22:23,862
you, COUNCILWOMAN Whitehead.

3057
02:22:23,862 --> 02:22:24,930
>> Councilmember Whitehead: I

3058
02:22:24,930 --> 02:22:26,931
want to remind everybody, we are

3059
02:22:26,931 --> 02:22:29,267
elected to solve problems, and I

3060
02:22:29,267 --> 02:22:31,569
personally have been very

3061
02:22:31,569 --> 02:22:33,671
involved in referendum, our

3062
02:22:33,671 --> 02:22:35,671
citizen initiatives.

3063
02:22:36,208 --> 02:22:38,643
So 2018 I was one of the leaders

3064
02:22:38,643 --> 02:22:41,279
of the protect our preserve

3065
02:22:41,279 --> 02:22:42,547
citizens initiative, which did

3066
02:22:42,547 --> 02:22:44,547
pass overwhelmingly.

3067
02:22:45,383 --> 02:22:46,918
And when southbridge 2 was

3068
02:22:46,918 --> 02:22:48,954
approved, a very high density

3069
02:22:48,954 --> 02:22:50,489
development, I had voted no and

3070
02:22:50,489 --> 02:22:52,489
supported the citizens

3071
02:22:54,250 --> 02:22:56,227
referendum to repeal that.

3072
02:22:56,227 --> 02:22:59,300
And rather than waste more time

3073
02:22:59,300 --> 02:23:01,600
and more of your tax dollars, we

3074
02:23:01,600 --> 02:23:04,600
resolved, we solved the problem

3075
02:23:04,703 --> 02:23:05,637
right here on the dais, by

3076
02:23:05,637 --> 02:23:07,637
repealing that ordinance.

3077
02:23:08,840 --> 02:23:10,742
What we are doing today, as vice

3078
02:23:10,742 --> 02:23:13,780
mayor kwasman said, certainly

3079
02:23:13,780 --> 02:23:14,245
has precedence, and it certainly

3080
02:23:14,245 --> 02:23:16,114
is the more efficient route.

3081
02:23:16,114 --> 02:23:19,317
I just want to address the

3082
02:23:19,317 --> 02:23:21,352
comment that the people who

3083
02:23:21,352 --> 02:23:23,752
signed the referendum opposing

3084
02:23:24,656 --> 02:23:25,924
the 1800 plus apartments aren't

3085
02:23:25,924 --> 02:23:27,924
being heard.

3086
02:23:29,260 --> 02:23:30,928
So first of all, they are being

3087
02:23:30,928 --> 02:23:33,665
heard, because we have just

3088
02:23:33,665 --> 02:23:36,650
substantially reduced the number

3089
02:23:37,268 --> 02:23:39,170
and we split the units into

3090
02:23:39,170 --> 02:23:41,170
condominiums and apartments.

3091
02:23:42,707 --> 02:23:44,742
So in fact, that referendum

3092
02:23:44,742 --> 02:23:46,979
helped produce a better project

3093
02:23:46,979 --> 02:23:48,613
that I think every one of us up

3094
02:23:48,613 --> 02:23:51,830
here, whether or not we support

3095
02:23:51,830 --> 02:23:52,350
supported it tonight, we are

3096
02:23:52,350 --> 02:23:53,986
certainly happy to be here where

3097
02:23:53,986 --> 02:23:55,986
we are.

3098
02:23:56,354 --> 02:23:59,900
So I cannot stress enough that

3099
02:23:59,900 --> 02:23:59,658
the residents of this city were

3100
02:23:59,658 --> 02:24:01,292
heard.

3101
02:24:01,292 --> 02:24:02,930
and that's how we got to

3102
02:24:02,930 --> 02:24:03,280
tonight's agreement.

3103
02:24:03,280 --> 02:24:04,796
Thank you.

3104
02:24:04,796 --> 02:24:05,297
>> Mayor Borowsky: thank you,

3105
02:24:05,297 --> 02:24:06,231
COUNCILMAN Graham.

3106
02:24:06,231 --> 02:24:07,933
>> Councilmember Graham: thank

3107
02:24:07,933 --> 02:24:09,933
you, mayor.

3108
02:24:11,703 --> 02:24:16,307
This is a little bit -- this has

3109
02:24:16,307 --> 02:24:16,574
become a little bit byizan teen,

3110
02:24:16,574 --> 02:24:18,574
byzantine.

3111
02:24:20,812 --> 02:24:22,514
There is no precedence, because

3112
02:24:22,514 --> 02:24:24,616
we are talking about the

3113
02:24:24,616 --> 02:24:26,616
southbridge 2 referendum, and

3114
02:24:26,618 --> 02:24:28,618
with the southbridge 2

3115
02:24:29,654 --> 02:24:31,889
referendum, there was never,

3116
02:24:31,889 --> 02:24:34,359
ever, a factor about a court

3117
02:24:34,359 --> 02:24:36,461
ruling it -- against it.

3118
02:24:36,461 --> 02:24:38,497
That was always about the

3119
02:24:38,497 --> 02:24:41,497
referendum, but there's never a

3120
02:24:44,436 --> 02:24:46,137
question about legality.

3121
02:24:46,137 --> 02:24:48,807
You know, axon will do what's

3122
02:24:48,807 --> 02:24:50,809
best for their shareholders, and

3123
02:24:50,809 --> 02:24:51,443
we should do what's best for our

3124
02:24:51,443 --> 02:24:52,477
residents.

3125
02:24:52,477 --> 02:24:54,446
That's what we should do.

3126
02:24:54,446 --> 02:24:56,515
I don't fault anybody for

3127
02:24:56,515 --> 02:24:58,515
pursuing those interests.

3128
02:24:58,917 --> 02:25:00,385
I don't agree, though,

3129
02:25:00,385 --> 02:25:02,488
100 percent with council member

3130
02:25:02,488 --> 02:25:03,822
whitehead that voters got to

3131
02:25:03,822 --> 02:25:06,625
vote, got to be heard because

3132
02:25:06,625 --> 02:25:09,228
when you sign a referendum, you

3133
02:25:09,228 --> 02:25:12,828
expect a vote on the referendum.

3134
02:25:15,000 --> 02:25:17,335
And that's not the case.

3135
02:25:17,335 --> 02:25:20,935
So city attorney, you made a

3136
02:25:21,807 --> 02:25:24,843
comment that in the past case,

3137
02:25:24,843 --> 02:25:26,711
they -- the applicant signed a

3138
02:25:26,711 --> 02:25:28,213
207 waiver and then you said in

3139
02:25:28,213 --> 02:25:31,213
this case they're committed to

3140
02:25:32,217 --> 02:25:32,917
signing a 207 waiver.

3141
02:25:32,917 --> 02:25:34,219
>> Acting City Atty. Santaella: y

3142
02:25:34,219 --> 02:25:35,354
es, mayor, members of the city

3143
02:25:35,354 --> 02:25:37,354
council.

3144
02:25:37,388 --> 02:25:39,570
They -- it's part of the

3145
02:25:39,570 --> 02:25:40,391
original application, they

3146
02:25:40,391 --> 02:25:42,791
apparently filed a 207 waiver,

3147
02:25:43,595 --> 02:25:45,995
and they've committed verbally

3148
02:25:46,498 --> 02:25:49,101
to sign a new one based on the

3149
02:25:49,101 --> 02:25:49,768
concerns that you raised.

3150
02:25:49,768 --> 02:25:52,137
>> Councilmember Graham: so in

3151
02:25:52,137 --> 02:25:53,605
that case, I -- since we have a

3152
02:25:53,605 --> 02:25:54,840
motion on the floor, we have an

3153
02:25:54,840 --> 02:25:57,176
alternate motion on the floor to

3154
02:25:57,176 --> 02:25:58,777
defer and deferral motion takes

3155
02:25:58,777 --> 02:26:00,145
precedence in our rules of

3156
02:26:00,145 --> 02:26:02,460
procedure, I would just say

3157
02:26:02,460 --> 02:26:04,816
let's just defer this until we

3158
02:26:04,816 --> 02:26:07,816
can get that signature in

3159
02:26:08,721 --> 02:26:11,757
writing and then we can -- and

3160
02:26:11,757 --> 02:26:13,993
then we can bring it back.

3161
02:26:13,993 --> 02:26:17,296
So -- I'm ready to vote, if

3162
02:26:17,296 --> 02:26:18,831
that's okay.

3163
02:26:18,831 --> 02:26:19,398
>> Mayor Borowsky: vice mayor

3164
02:26:19,398 --> 02:26:20,310
kwasman.

3165
02:26:20,310 --> 02:26:21,232
>> Vice Mayor Kwasman: I call

3166
02:26:21,232 --> 02:26:22,330
the question.

3167
02:26:22,330 --> 02:26:24,703
>> Mayor Borowsky: we are voting

3168
02:26:24,703 --> 02:26:27,703
on the alternate motion to

3169
02:26:28,807 --> 02:26:29,474
continue this to another date.

3170
02:26:29,474 --> 02:26:30,743
>> Councilmember Graham: I meant

3171
02:26:30,743 --> 02:26:31,410
continue, thank you.

3172
02:26:31,410 --> 02:26:34,410
>> Mayor Borowsky: so all those

3173
02:26:38,917 --> 02:26:40,917
in favor.

3174
02:26:41,553 --> 02:26:43,355
Or opposed.

3175
02:26:43,355 --> 02:26:45,355
All right.

3176
02:26:46,258 --> 02:26:46,892
Now we'll go to --

3177
02:26:46,892 --> 02:26:49,292
>> Vice Mayor Kwasman: MADAM

3178
02:26:52,164 --> 02:26:53,666
Mayor, I second your motion.

3179
02:26:53,666 --> 02:26:54,299
>> Mayor Borowsky: it was --

3180
02:26:54,299 --> 02:26:56,535
>> Vice Mayor Kwasman: council

3181
02:26:56,535 --> 02:26:57,369
member whitehead, I second your

3182
02:26:57,369 --> 02:26:58,236
motion.

3183
02:26:58,236 --> 02:26:59,538
>> Mayor Borowsky: I don't -- do

3184
02:26:59,538 --> 02:27:00,172
you want to speak to that.

3185
02:27:00,172 --> 02:27:02,172
>> Councilmember Whitehead: I

3186
02:27:02,207 --> 02:27:06,407
would like to amend my motion to

3187
02:27:08,780 --> 02:27:11,780
include the signing of the 207

3188
02:27:14,520 --> 02:27:15,220
waiver.

3189
02:27:15,220 --> 02:27:17,890
>> Acting City Atty. Santaella: h

3190
02:27:17,890 --> 02:27:19,291
onorable mayor, members of the

3191
02:27:19,291 --> 02:27:21,359
council, your -- you're making

3192
02:27:21,359 --> 02:27:24,359
the repeal the zoning ordinance

3193
02:27:25,131 --> 02:27:27,466
contingent that they sign a

3194
02:27:27,466 --> 02:27:28,133
207 -- prop 207 --

3195
02:27:28,133 --> 02:27:29,668
>> Councilmember Whitehead: just

3196
02:27:29,668 --> 02:27:32,680
like to have that.

3197
02:27:36,609 --> 02:27:37,743
If that works for you.

3198
02:27:37,743 --> 02:27:40,143
I'll let you discuss.

3199
02:28:18,517 --> 02:28:19,184
I can pull that.

3200
02:28:19,184 --> 02:28:21,120
>> Vice Mayor Kwasman: would it

3201
02:28:21,120 --> 02:28:24,557
be cleaner if we put it in the

3202
02:28:24,557 --> 02:28:26,358
mou, if we amend the mou and put

3203
02:28:26,358 --> 02:28:28,758
it in the mou?

3204
02:28:30,696 --> 02:28:32,497
And can we reopen item no -- I

3205
02:28:32,497 --> 02:28:34,897
voted in the affirmative.

3206
02:28:37,200 --> 02:28:42,402
Can I call -- can I call it back

3207
02:28:46,912 --> 02:28:47,980
to --

3208
02:28:47,980 --> 02:28:49,181
>> Acting City Atty. Santaella: t

3209
02:28:49,181 --> 02:28:52,781
here's a final item related to

3210
02:28:52,885 --> 02:28:54,820
the litigation, right, and the

3211
02:28:54,820 --> 02:28:57,356
litigation is -- to make sure

3212
02:28:57,356 --> 02:29:00,359
that axon actually signs the mou

3213
02:29:00,359 --> 02:29:03,262
with -- by the 19th.

3214
02:29:03,262 --> 02:29:07,462
How about you put a condition on

3215
02:29:07,566 --> 02:29:09,134
that they sign the mou by the

3216
02:29:09,134 --> 02:29:11,360
19th, otherwise we file the

3217
02:29:11,360 --> 02:29:12,904
cross claim and they also sign

3218
02:29:12,904 --> 02:29:13,539
the prop 207 waiver.

3219
02:29:13,539 --> 02:29:15,507
>> Councilmember Whitehead: I

3220
02:29:15,507 --> 02:29:18,176
accept that for my motion.

3221
02:29:18,176 --> 02:29:19,845
I just want to be clear -- for

3222
02:29:19,845 --> 02:29:21,845
my motion.

3223
02:29:22,748 --> 02:29:23,748
I drop -- I drop -- my original

3224
02:29:23,748 --> 02:29:27,348
motion stands and I just wanted

3225
02:29:27,620 --> 02:29:28,521
to be clear we had a verbal

3226
02:29:28,521 --> 02:29:31,256
agreement, in government we like

3227
02:29:31,256 --> 02:29:32,291
to go ahead and dot our I's and

3228
02:29:32,291 --> 02:29:33,392
cross our t's.

3229
02:29:33,392 --> 02:29:34,460
I'm fine with it in the next

3230
02:29:34,460 --> 02:29:35,600
motion.

3231
02:29:35,600 --> 02:29:36,996
Why thanks everybody who

3232
02:29:36,996 --> 02:29:37,629
gathered for that one.

3233
02:29:37,629 --> 02:29:38,931
>> Mayor Borowsky: okay, let's

3234
02:29:38,931 --> 02:29:41,233
go ahead and vote on that.

3235
02:29:41,233 --> 02:29:43,633
All those in favor.

3236
02:29:52,110 --> 02:29:53,379
Indicate your vote or opposed.

3237
02:29:53,379 --> 02:29:55,180
Okay.

3238
02:29:55,180 --> 02:29:57,350
Last item on the special meeting

3239
02:29:57,350 --> 02:29:59,350
agenda, item no. 5.

3240
02:29:59,952 --> 02:30:00,286
And that is litigation

3241
02:30:00,286 --> 02:30:01,954
authorization.

3242
02:30:01,954 --> 02:30:04,790
A request to authorize the

3243
02:30:04,790 --> 02:30:06,859
interim city attorney to file

3244
02:30:06,859 --> 02:30:09,161
any appropriate counter claim,

3245
02:30:09,161 --> 02:30:11,561
cross claim and third-party

3246
02:30:12,932 --> 02:30:14,834
claim in the taaaze versus state

3247
02:30:14,834 --> 02:30:17,834
of arizona and city of

3248
02:30:22,541 --> 02:30:24,541
scottsdale litigation.

3249
02:30:25,110 --> 02:30:26,512
I have two people indicating --

3250
02:30:26,512 --> 02:30:29,915
actually I think there's no one

3251
02:30:29,915 --> 02:30:33,515
left to speak on this one.

3252
02:30:33,786 --> 02:30:34,320
Gabby hitchcock.

3253
02:30:34,320 --> 02:30:36,320
Okay.

3254
02:30:36,522 --> 02:30:37,122
So vice mayor kwasman.

3255
02:30:37,122 --> 02:30:38,891
>> Vice Mayor Kwasman: thank

3256
02:30:38,891 --> 02:30:40,891
you, MADAM Mayor.

3257
02:30:42,270 --> 02:30:43,730
I move to authorize the interim

3258
02:30:43,730 --> 02:30:45,464
city attorney and/or his

3259
02:30:45,464 --> 02:30:46,798
designees to file any

3260
02:30:46,798 --> 02:30:49,198
appropriate counter claim, cross

3261
02:30:50,803 --> 02:30:51,504
claim and third-party claim in

3262
02:30:51,504 --> 02:30:53,504
taxpayers against awful

3263
02:30:54,140 --> 02:30:55,174
apartment zoning exemptions

3264
02:30:55,174 --> 02:30:58,174
versus the state of arizona,

3265
02:31:03,215 --> 02:31:05,615
city of scottsdale, cv2025-

3266
02:31:06,352 --> 02:31:08,352
cv2025-034961.

3267
02:31:10,489 --> 02:31:13,392
With a proposal to sunset --

3268
02:31:13,392 --> 02:31:14,593
right, is that -- how would I.

3269
02:31:14,593 --> 02:31:16,328
>> Acting City Atty. Santaella: I

3270
02:31:16,328 --> 02:31:19,131
would suggest that -- I only

3271
02:31:19,131 --> 02:31:22,301
file it unless we do not receive

3272
02:31:22,301 --> 02:31:24,437
the signed mou from axon along

3273
02:31:24,437 --> 02:31:28,370
with the prop 207 waiver by the

3274
02:31:28,708 --> 02:31:30,343
close of business on the 19th.

3275
02:31:30,343 --> 02:31:32,743
>> Vice Mayor Kwasman: thank

3276
02:31:33,779 --> 02:31:35,779
you.

3277
02:31:35,948 --> 02:31:37,783
NOVEMBER 19, sorry.

3278
02:31:37,783 --> 02:31:38,951
Apologize.

3279
02:31:38,951 --> 02:31:40,951
All right.

3280
02:31:41,386 --> 02:31:43,890
Would you like me to repeat the

3281
02:31:43,890 --> 02:31:44,590
whole thing.

3282
02:31:44,590 --> 02:31:44,756
>> Acting City Atty. Santaella: y

3283
02:31:44,756 --> 02:31:45,358
es.

3284
02:31:45,358 --> 02:31:46,659
>> Vice Mayor Kwasman: MADAM

3285
02:31:46,659 --> 02:31:48,795
Mayor, I authorize the interim

3286
02:31:48,795 --> 02:31:49,596
city attorney and designees to

3287
02:31:49,596 --> 02:31:51,263
file any appropriate counter

3288
02:31:51,263 --> 02:31:54,133
claim, clause people third party

3289
02:31:54,133 --> 02:31:57,360
claims in taaaze versus state

3290
02:31:57,360 --> 02:32:00,360
arizona, city of scottsdale, cv

3291
02:32:04,100 --> 02:32:05,878
cv2025-034961, unless the

3292
02:32:05,878 --> 02:32:08,278
memorandum of understanding is

3293
02:32:09,782 --> 02:32:11,251
signed by axon enterprises, by

3294
02:32:11,251 --> 02:32:14,251
close of business day NOVEMBER

3295
02:32:15,588 --> 02:32:17,588
NOVEMBER 19, 2025, and axon

3296
02:32:19,459 --> 02:32:22,280
delivers a signed 207 waiver by

3297
02:32:22,280 --> 02:32:25,280
the close of business day

3298
02:32:25,230 --> 02:32:25,531
NOVEMBER 19, 2025.

3299
02:32:25,531 --> 02:32:26,165
>> second.

3300
02:32:26,165 --> 02:32:28,565
>> Mayor Borowsky: all right.

3301
02:32:29,301 --> 02:32:30,603
i see COUNCILMAN Graham wants to

3302
02:32:30,603 --> 02:32:31,504
speak.

3303
02:32:31,504 --> 02:32:32,104
>> Councilmember Graham: thank

3304
02:32:32,104 --> 02:32:33,139
you, mayor.

3305
02:32:33,139 --> 02:32:34,573
I'll make an alternate motion

3306
02:32:34,573 --> 02:32:38,173
for the same motion, but the

3307
02:32:42,882 --> 02:32:45,882
deletion of the two conditions.

3308
02:32:47,720 --> 02:32:48,621
>> I'll second that.

3309
02:32:48,621 --> 02:32:51,621
>> Mayor Borowsky: let's take a

3310
02:33:01,300 --> 02:33:02,435
vote on the alternate motion.

3311
02:33:02,435 --> 02:33:04,435
Okay.

3312
02:33:04,937 --> 02:33:05,971
And COUNCILMAN -- I'm sorry,

3313
02:33:05,971 --> 02:33:07,971
vice mayor kwasman.

3314
02:33:08,207 --> 02:33:12,407
Let's go ahead and take a vote

3315
02:33:12,612 --> 02:33:14,612
on that motion.

3316
02:33:19,485 --> 02:33:20,319
Please indicate your vote.

3317
02:33:20,319 --> 02:33:22,319
All right.

3318
02:33:22,555 --> 02:33:23,188
That concludes our business for

3319
02:33:23,188 --> 02:33:24,958
this afternoon.

3320
02:33:24,958 --> 02:33:27,958
Sorry for the delay, everybody,

3321
02:33:28,940 --> 02:33:29,863
that was here for other matters.

3322
02:33:29,863 --> 02:33:32,965
But at this time I'd like to

3323
02:33:32,965 --> 02:33:35,965
move to adjourn the special

3324
02:33:36,350 --> 02:33:37,000
council meeting and we will move