Tempe City Council Regular Meeting - February 5, 2026
Tempe City Council Regular Meeting - February 5, 2026
The Tempe City Council held a regular meeting on the evening of February 5, 2026, addressing a range of items including proclamations, public comments, an appeal continuance, and the adoption of a landmark drink-spiking prevention ordinance. All votes were unanimous (7-0) except where noted.
Consent Calendar
- Approval of Minutes: Items 4A1 through 4A5 (city council minutes) and 4B1 through 4B9 (board, commission, and committee minutes) were approved 7-0.
- Consent Agenda: Items 7B1 through 7B3 and resolution 7C1 were approved 7-0.
Public Comments & Testimony
General Public Appearances (Item 6):
- Carmen Vargas (Tempe resident, speaking for the Safe Shalomar campaign) urged protection of the Shalomar golf course, stating that a proposed cell agreement would replace the historic site with high-density housing. She cited concerns about overcrowding, traffic, and loss of green space, and noted that the Shalomar Association and over 1,000 petition supporters stand in firm opposition to rezoning.
- Diane Melrose (Tempe Leadership class 41) announced the “Storm to Shade” project, which aims to replace shade canopy in JC and Mitchell Parks damaged by an October 2025 microburst. She invited the council to an art fundraiser on February 13 at Rocket Space Gallery.
- Mario Martinez (Tempe resident) criticized Mayor Cory Woods and Police Chief Ken McCoy regarding alleged bomb‑threat investigations, questioning the administration’s priorities and use of resources.
- Suzanne Casey (Tempe resident, 30+ years) spoke in favor of preserving the existing Shalomar golf course zoning (AG: one house per acre), citing its value as a green space, water recharge basin, and community gathering area.
Public Hearing on Drink‑Spiking Prevention (Item 8C3): Numerous speakers testified in support of the ordinance. Notable testimony:
- Angelica W. (ASU grad student, Phoenix resident) shared a personal account of being sexually assaulted after her drink was spiked, and said the ordinance could have made a difference.
- Leah Patrick and Marco McCray (Phoenix residents) recounted an incident at a Mill Ave bar where both were drugged, leading to Leah being found by police with injuries; they urged passage.
- Don Franklin Zyrich (lifelong Tempe resident) cited statistics that over half of surveyed ASU students know a drink‑spiking victim and one in four Tempe residents have been victimized, calling the ordinance reasonable.
- Jennifer Glendy (Tempe resident, mother) said she already buys drink covers for her daughters and praised the ordinance as a low‑cost, common‑sense safety measure.
- Danya Sherman (President of NOPE/No More) pledged $50,000 worth of drink‑testing kits to jump‑start the program.
- Jessica Mendoza (Arizona Students Association) represented thousands of students and urged passage, saying safety is a shared responsibility.
- Sharon Doyle (Chair, Tempe Coalition) expressed strong support on behalf of the coalition.
- Dan Bogert (Arizona Restaurant Association) thanked the council for stakeholder engagement and supported the revised ordinance.
- Whitney Wingfield (bar and restaurant owner) initially opposed but after revisions expressed support.
- Additional supporting speakers included representatives from Alcohol Justice, Think Twice Save Lives, Planned Parenthood Generation Action, ASU graduate and undergraduate student governments, and Tempe Union High School District. No speakers opposed the ordinance.
Discussion Items
8A1 – Appeal of Massage Establishment Use Permit (Massage ACEs): Deputy Community Development Director Ryan Labake requested a continuance to allow staff to research other massage licenses in South Tempe, address appellant arguments, and compile a report with police input. Both the appellant (Matt Smith) and the applicant (represented by Ben Zheng) agreed. The council voted 7-0 to continue the item to March 26, 2026.
8C3 – Drink‑Spiking Education and Prevention Ordinance (Second/Final Hearing): Councilmember Keating, chair of the subcommittee, presented the revised ordinance. Key changes from the first reading:
- Removed language allowing patrons to bring their own drink containers.
- Replaced liability language with language reviewed by the Arizona Restaurant Association and Licensed Beverage Association.
- Moved effective date to August 1, 2026, to allow for preparation and education.
- Added a preamble for a formal city education campaign.
- Enabled the police chief to grant exemptions for venues not aligned with nightlife (e.g., retirement communities).
- Clarified that police department test kits are for investigations only.
- Allowed series 6 and 12 licensees to serve alcohol past midnight for special occasions (max 3 days/month).
- Changed signage lettering requirement from 1 inch to at least ¼ inch. Communications Director Chris Baxter‑Ging presented a public education plan, partnering with Tempe Coalition and ASU. Lieutenant Greg Bacon of Tempe Police Department stated the department supports any initiative improving public safety. After council discussion, Councilmember Amberg offered a motion to adopt the ordinance with technical revisions: moving the definition of “drink spiking” from Section 26-70 to Section 26-71, removing the exemption from Section 26-70 and placing it in 26-71, and reducing required lettering to ¼ inch. The motion passed 7-0, followed by a unanimous vote to adopt the ordinance as amended.
8B2 – FY 2024-25 Financial Reporting Package and Audit: Financial Services Director Laura Calder and auditor Brittany Williams (Heinfeld, Meech & Co.) presented the annual comprehensive financial report. An unmodified (clean) opinion was issued. No material weaknesses or audit findings were identified. The single audit report is expected by March 31, 2026. The council unanimously approved the report (7-0).
8A3 – Tempe Diablo Stadium Complex Renovation (Phase 2): A professional services contract with Gensler was awarded 7-0.
8C1 – Land Use and Zoning Amendment (Marlot’s Garage, 1249 E. 8th St.): A general plan amendment (mixed‑use high to commercial) and zoning amendment (R4‑TOD to CS‑TOD) on 0.7 acres were approved 7-0 (two votes: general plan required two‑thirds majority, zoning simple majority).
8C2 – Land Use and Zoning Amendment (Priestly Alameda, 2750 S. Priest Dr.): A general plan amendment (mixed‑use moderate to mixed‑use industrial moderate) and zoning amendment (MU4‑PAD to GID) on approximately 25 acres were approved 7-0 (two votes).
Key Outcomes
- Drink‑Spiking Prevention Ordinance (8C3) adopted 7-0, with amendments, effective August 1, 2026. A one‑year review work session was requested by Councilmember Amberg and agreed to by staff.
- Appeal of Massage ACEs use permit continued to March 26, 2026, for additional staff research.
- All other agenda items (consent calendar, financial audit, stadium contract, land‑use amendments) were unanimously approved (7-0).
- The meeting adjourned at approximately 8:48 p.m. The next regular council meeting is scheduled for March 5, 2026.
Meeting Transcript
Oh, sorry. Good evening, everyone. Welcome to the Tempe City Council regular council meeting. I don't know what is called order. Council meetings can be watched in real time via Cox Cable Channel 11 and at Tempe.gov/slash Tempe Eleven. Members of the public may also attend the meeting virtually through Microsoft Teams. Before we begin, I want to note some changes to the order of tonight's agenda. We've received a request from staff to make a statement regarding item 8A1, the appeal of the Development Review Commission's decision to approve a use permit to allow a massage establishment for massage ACEs located at 1761 East Warner Road. To accommodate this request, I'll be introducing item 8A1 earlier in the meeting. Additionally, we've received a large number of speaker requests for item 8C3, the second and final public hearing on the drink spiking education and prevention ordinance, which is listed later on in the agenda. To accommodate those speakers, I will be introducing item 8C3 immediately after item eight A1. Public appearances will still occur first, followed immediately by consideration of item eight A1 and then item eight C three. If you submitted a speaker card to speak on a matter list not listed on tonight's agenda, you will be recognized during public appearances in the order in which your card was received. Please note that if you choose to speak on an agenda item during public appearances, that this will be your only opportunity to speak on that topic. You may not speak again when that item is heard later in the meeting. Speakers will be taken will be called in the order in which their speaker cards are received, although I am gonna move a couple of things around this evening, even on that public appearance aside. Uh but once again, if you wish to speak on the agenda item but have not submitted your card yet, please do so at the city court prior to the item being called. I will announce your name when it's your turn for public comment. I'd now like to invite everyone who's able and willing to stand to join me in a moment of silence, followed by the Pledge of Allegiance. For which it stands, one nation under God, indivisible with liberty and justice for all that's agenda has a number of items that the City Council must consider in order to conduct city business. Guidelines for conduct of City Council meetings are on the table to the entrance for those in attendance at tonight's meeting. We will now play a video with the proper protocol for ensuring the appropriate conduct at City Council meetings. Behavior that disrupts, disturbs, or otherwise impedes the orderly conduct of any city council meeting is not helpful and is not permitted. This includes behavior both inside and outside of the council chambers. Should individuals inside the council chambers become disruptive so that city business is not able to be conducted. The mayor will first ask that the individuals allow city business to be completed. There will be time for public comment during the call to the audience portion of the meeting. If no cooperation, the mayor will issue a verbal warning and let them know that the continued disruptive behavior will lead to removal from the council chambers. If there is still no cooperation, the mayor will issue a second verbal warning and let them know that the continued disruptive behavior will lead to removal from the council chambers. If there is no cooperation after asking and two verbal warnings, then the mayor will ask security officers to remove only those individuals who were causing the disruption. Security personnel should not engage in any way, but only escort them from the council chambers. If individuals refuse to leave, security personnel shall warn them that they are trespassing, and that the next step will be arrest by a Tempe police officer. Tempe officers may have to arrest if individuals refuse to leave. Charges for trespass and disorderly conduct may apply, as well as other charges. Should anyone be asked to be removed, the mayor will recess the meeting. Thank you. We're now going to play a video conveying the city of Tempe's native land acknowledgement statement. We acknowledge that Tempe lies on the ancestral land of the Native peoples who have lived here since time immemorial. Stress far beyond the boundaries of our city. The landscape is sacred to them. Embodying cultural values that are integral to their identity and way of life. The autumn and deposit continue to maintain deep spiritual connection to this land. We embrace the responsibility of caring for these places and vow to uphold this commitment in all our actions. Thank you very much. Next up, item number four at meeting minutes. Tonight I'll be assisted by Council Member Keating. Council Burke. Thank you, Mayor. I move we approve items uh four A1 through 4A5. It's been moved by Council Burkeing and seconded by Councilmember Hodge.
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