Council Regular/Special Meeting
Special MeetingGilbert, AZ · June 6, 2019
Minutes
MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF THURSDAY, JUNE 06,
2019 AT 6:30 PM, MUNICIPAL CENTER, COUNCIL CHAMBERS 50 E CIVIC CENTER DRIVE,
GILBERT, ARIZONA
COUNCIL PRESENT: Mayor Jenn Daniels, Vice Mayor Eddie Cook,
Councilmembers Scott Anderson, Brigette Peterson,
Jordan Ray, Jared Taylor, and Aimee Yentes
COUNCIL ABSENT: None
STAFF PRESENT: Town Manager Patrick Banger, Town Clerk Lisa Maxwell,
Town Attorney Christopher Payne, Organization Development
Manager Nathan Williams, Project Supervisor Ryan Blair, and
Office of Management and Budget Director Kelly Pfost
AGENDA ITEM
CALL TO ORDER
Mayor Daniels called the meeting to order at 6:30 p.m.
INVOCATION AND PLEDGE OF ALLEGIANCE
Councilmember Taylor introduced the scouts in attendance who led the Pledge of
Allegiance and introduced themselves. Pastor Terry R. Baughman of Life Church Gilbert
gave the invocation.
ROLL CALL
Town Clerk Maxwell called roll and declared a quorum present.
PRESENTATIONS; PROCLAMATIONS
1. RECOGNITION - Recognition of the Gilbert based Odyssey of the Mind Competition
Team for representing Gilbert at the 2019 World Finals in East Lansing, Michigan.
Councilmember Taylor recognized the Gilbert based Odyssey of the Mind Competition
Team for representing Gilbert at the 2019 World Finals in East Lansing, Michigan.
2. RECOGNITION – Recognizing Lucas Stakebake as Gilbert Youth of the Year.
Mayor Daniels recognized Lucas Stakebake as Gilbert Youth of the Year.
3. PRESENTATION -Presentation recognizing the 2019 MVP Award nominees and winners
for the Town of Gilbert.
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Organization Development Manager Nathan Williams introduced the Gilbert MVP Award
Program and summarized the four new values: Driven, Kind, Bold, and Humble.
Mayor Daniels and Town Manager Patrick Banger announced the 2019 Town of Gilbert
MVP Award finalists and recognized the following 2019 MVP Award winners: representing
the value of Driven, Amber Lee; representing the value of Kind, Diana Monson;
representing the value of Bold, Nina De Castro; and representing the value of Humble,
Melissa Cannon.
COMMUNICATIONS FROM CITIZENS
Doralise Machado-Liddell, Gilbert resident, discussed Contract No. 319001147 that was
approved at a prior Council meeting. She did not believe all the legal requirements were
met in regards to the sale of the property. She stated she believed the Development
Agreement should be terminated and the developer should be disqualified.
Paul Rodriguez, Gilbert resident, thanked Vice Mayor Cook for his efforts to address the
homeless cat and kitten problem in Gilbert. He stated he was still seeing small kittens on
Town property. He requested clarification on whether water was included in the Town
Ordinance that prohibits the feeding of cats; he then noted the 75th anniversary of “D-Day”.
CONSENT CALENDAR
A MOTION was made by Vice Mayor Cook, seconded by Councilmember Peterson, to
approve Consent Items 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 22, 23, 24,
25, 26, 27, 28, 29, 30, 31, 32, and 33; and remove Item 14 and 21 from the Consent
Calendar. Motion carried 7-0.
4. AGREEMENT – consider approval of Arizona Lower Basin Drought Contingency Plan
Framework Agreement No. 319001150 with United States of America represented by the
Secretary of the Interior acting through the Regional Director of the Lower Colorado Region
of the Bureau of Reclamation, the State of Arizona acting through the Arizona Department
of Water Resources, the Arizona Water Banking Authority, the Central Arizona Water
Conservation District, the Colorado River Indian Tribes, and the Gila River Indian
Community to allocate water shortages among the States in order to keep the river system
from collapsing and authorize the Mayor to execute the required documents.
This item was approved with the Consent Calendar vote.
5. AGREEMENT – consider approval of Non-Indian Agricultural (NIA) Mitigation Agreement
No. 319001151 with United States of America represented by the Secretary of the Interior
acting through the Regional Director of the Lower Colorado Region of the Bureau of
Reclamation, Arizona Department of Water Resources, Arizona Water Banking Authority,
Central Arizona Water Conservation District, Gila River Indian Community, City of Chandler,
Town of Gilbert, City of Glendale, City of Mesa, City of Phoenix, City of Scottsdale and City of
Tempe for the mitigation of reductions to Central Arizona Project (CAP) NIA priority water
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under the drought contingency plan and authorize the Mayor to execute the required
documents.
This item was approved with the Consent Calendar vote.
6. AGREEMENT – consider approval of Reclaimed Water Storage Agreement No.
319001149 with the Town of Queen Creek for storage of water for Queen Creek in
exchange for annual lease payment and actual pumping energy costs incurred for a period
of ten (10) years with the option to renew for five (5) additional years and authorize the
Mayor to execute the required documents.
This item was approved with the Consent Calendar vote.
7. DEVELOPMENT AGREEMENT – consider adoption of a Resolution approving a
Development Reimbursement and Lien Agreement with HHB VI, LLC for the Val Vista Drive
Improvements Project No. ST1120 and authorize the Mayor to execute the required
documents.
This item was approved with the Consent Calendar vote. Resolution No. 4055 was
adopted.
8. INTERGOVERNMENTAL AGREEMENT – consider approval of Intergovernmental
Agreement No. 319000009 (EDEN 2015-1304-0764) with Arizona Department of Revenue
for Uniform Administration of the Town’s Transaction Privilege Tax with automatic renewal
on January 1 every successive year until agreement is terminated and authorize the Mayor
to execute the required documents.
This item was approved with the Consent Calendar vote.
9. INTERGOVERNMENTAL AGREEMENT – consider approval Amendment No.1 to
Intergovernmental Agreement No. 319000692 with Maricopa County Animal Control in an
amount not to exceed $182,182 for basic animal control services for a period of two (2)
years effective July 1, 2019 and authorize the Mayor to execute the required documents.
This item was approved with the Consent Calendar vote.
10. INTERGOVERNMENTAL AGREEMENT – consider approval of a Resolution for
Intergovernmental Agreement No. 319001214 with Arizona Department of Transportation
(ADOT) for the purchase of up to three street sweepers using previously approved grant
funding from Maricopa Area Governments (MAG) and authorize the Mayor to execute the
required documents.
This item was approved with the Consent Calendar vote. Resolution No. 4056 was
adopted.
11. INTERGOVERNMENTAL AGREEMENT – consider approval of Intergovernmental
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Agreement No. 319001162 with Maricopa County and Queen Creek for improvements to
Chandler Heights Recker to Power Project No. ST1890 and authorize the Mayor to execute
the required documents.
This item was approved with the Consent Calendar vote.
12. CONTRACT – consider:
a) approval of the purchase of one (1) vehicle for Wastewater pursuant to Cooperative
Purchase Agreement No. 319000038 with San Tan Ford in an amount not to exceed
$37,122.70 including taxes and authorize the Mayor to execute the required documents;
b) a Contingency Transfer from the Wastewater Replacement Fund in the amount of
$37,125 in FY2019; and
c) a Contingency Transfer from the Wastewater Replacement Fund in the amount of
$37,125 in FY2020.
This item was approved with the Consent Calendar vote.
13. CONTRACT – consider approval of a Cooperative Purchase Agreement No. 319001131
with Keller Electrical Industries Inc. utilizing City of Mesa Cooperative Purchasing Contract
No. 2017236 in an amount not to exceed $125,000 for preventative maintenance of
potable water infrastructure and renewing automatically every year coterminous with the
City of Mesa contract and authorize the Mayor to execute the required documents.
This item was approved with the Consent Calendar vote.
14. CONTRACT – consider approval of Fiscal Year 2019-2020 General Fund and Neighbor
2 Neighbor funds for human services contracts:
a) approve the FY2019-2020 allocation of $323,000 in General funds and $107,000 in
Neighbor 2 Neighbor/Share My Stamp funds to the priority areas as recommended by staff
to provide non-profit support in the community;
b) approve Contract No. 319001164 with AZCEND in the amount of $120,000 and
authorize the Mayor to execute the required documents; and
c) approve Contract No. 319001163 with Gilbert Boys and Girls Club in the amount of
$100,000 and authorize the Mayor to execute the required documents.
Councilmember Ray announced that he would be abstaining from the item and removing
himself from the dais, as he served on the Board of Directors for one of the applicants.
Councilmember Taylor stated he would like to see more promotion from Gilbert Digital,
specifically regarding how the money was used and how it would benefit the community.
He expressed concerns regarding force-giving versus volunteer-giving, noting he requested
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separate motion language from the Town Attorney regarding the Neighbor 2 Neighbor/
Share My Stamp program.
Councilmember Peterson stated per a prior request of the Council, Gilbert Digital had been
promoting the Neighbor 2 Neighbor program with social media posts and videos that
focused on programs that were receiving money, featuring a different program each time.
A MOTION was made by Councilmember Taylor, seconded by Councilmember Yentes, to
approve $107,000 in Neighbor 2 Neighbor/Share My Stamp funds towards non-profits as
presented. Motion carried 6-0-1; with Councilmember Ray abstaining.
A MOTION was made by Vice Mayor Cook, seconded by Councilmember Peterson, to
approve the remainder of Item 14. Motion carried 4-2-1; with Councilmembers Taylor and
Yentes casting the dissenting votes, and Councilmember Ray abstaining.
15.CONTRACT – consider approval of Task Order No. 002 to Job Order Cooperative
Purchasing Contract (JOC) Contract No. 319001105 with Felix Construction Inc. in an
amount not to exceed $513,055.69 for North Water Plant Filter Rehabilitation Project No.
WA1541 and authorize the Mayor to execute the required documents.
This item was approved with the Consent Calendar vote.
16. CONTRACT – consider approval of Construction Manager at Risk Services (CM@R)
Contract No. 319001141 with Hunter Contracting, Co., in an amount not to exceed
$7,516,406.89 for the Candlewood Lift Station and Forcemain Project No. WW0700 and
authorize the Mayor to execute the required documents.
This item was approved with the Consent Calendar vote.
17. CHANGE ORDER – consider approval of Change Order No. 1 to Contract No.
319000691 with NFra, Inc. increasing the contract amount by $24,462 for trash
compactors at Elm Street and Vaughn Avenue, Project No. RD2140, and authorize the
Mayor to execute the required documents.
This item was approved with the Consent Calendar vote.
18. GRANT – consider application of 12% Gaming Contribution Grant, Contract No.
319001194, from the Tohono O’odham Nation in the amount of $32,700 for the Native
American Management Internship.
This item was approved with the Consent Calendar vote.
19. GRANT – consider application of a pass-through 12% Gaming Grant from the Tohono
O’odham Nation and authorize the Mayor to execute the required documents for:
a) Contract No. 319001192 in the amount of $100,000 for One Small Step Inc. doing
business as (dba) The Clothes Cabin; and
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b) Contract No. 319001193 in the amount of $20,000 for Valley of the Sun YMCA.
This item was approved with the Consent Calendar vote.
20. GRANT – consider application and acceptance of 12% Gaming Contribution Grant,
Contract No. 319001215, from the Tohono O’odham Nation in the amount of
$851,091.10 for a chemical identification meter, Firefighter Personal Protective
Equipment (turnout gear) and Rescue Task Force jump bags and authorize the Mayor to
execute the required documents.
This item was approved with the Consent Calendar vote.
21. ASSESSMENT OF COSTS - consider adoption of:
a) Resolution declaring Gilbert’s intention to construct Street Improvements to Val Vista
Drive between Appleby Road and Brooks Farm Road, Project No. ST112, ordering that
upon completion of the street improvements costs be assessed against adjacent property,
Parcel No. 304-72-018B. Resolution No. 4057 was adopted.
b) Resolution declaring Gilbert’s intention to construct Street Improvements to Val Vista
Drive between Appleby Road and Brooks Farm Road, Project No. ST112, ordering that
upon completion of the street improvements costs be assessed against adjacent property,
Parcel No. 304-72-018C. Resolution No. 4058 was adopted.
c) Resolution declaring Gilbert’s intention to construct Street Improvements to Val Vista
Drive between Appleby Road and Brooks Farm Road, Project No. ST112, ordering that
upon completion of the street Improvements costs be assessed against adjacent property
Parcel No. 304-72-016A. Resolution No. 4059 was adopted.
d) Resolution declaring Gilbert’s intention to construct Street Improvements to Val Vista
Drive between Appleby Road and Brooks Farm Road, Project No. ST112, ordering that
upon completion of the street improvements costs be assessed against adjacent property,
Parcel No. 304-75-006A. Resolution No. 4060 was adopted.
e) Resolution declaring Gilbert’s intention to construct Street Improvements to Val Vista
Drive between Appleby Road and Brooks Farm Road, Project No. ST112, ordering that
upon completion of the street improvements costs be assessed against adjacent property,
Parcel No. 304-75-008A. Resolution No. 4061 was adopted.
f) Resolution declaring Gilbert’s intention to construct Street Improvements to Ocotillo
Road between 148th Street and Val Vista Drive, Project No. ST112, ordering that upon
completion of the street improvements costs be assessed against adjacent property,
Parcel No. 304-72-016A. Resolution No. 4062 was adopted.
g) Resolution declaring Gilbert’s intention to construct Street Improvements to Ocotillo
Road between 148th Street and Val Vista Drive, Project No. ST112, ordering that upon
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completion of the street improvements costs be assessed against adjacent property,
Parcel No. 304-75-006A. Resolution No. 4063 was adopted.
This item was moved to the Public Hearing Section, as an objection to the item had been
filed.
Mayor Daniels opened the Public Hearing on Item 21.
Randall Blum, not a Gilbert resident, spoke on behalf of the ownership of the Caballero
Apartments. He spoke of the Notice of Proposal regarding Street Improvements and
Proposed Assessment of Cost against Caballero Apartments. He stated an objection to the
notice had been filed and asked for more time to assess where the costs were being
applied and how it related to their property.
Project Supervisor Ryan Blair discussed the timing of the project; stating the project should
be ready to bid by the end of June 2019, the bidding done by the end of July 2019, and the
item before the Council by the beginning of August 2019, with construction to start shortly
thereafter.
Vice Mayor Cook asked about the impact of allowing more time for review and
assessment. Project Supervisor Ryan Blair stated the item would have to be approved by
the Council before the Notice to Proceed could go to the contractor.
Councilmember Anderson asked if the Town had varied from any of their standard
practices and assessments.
Town Attorney Christopher Payne stated there had been no variation, adding no
assessment had been done since 2013. He stated the usual practice was to work with the
property owners to reach an agreement, noting a need to go the “statutory route” in this
case. He said the notice was given on May 6, 2019 with signs going up the same day.
Mayor Daniels stated that there had been many public complaints regarding the need to
widen Val Vista Road, noting it was an important project.
Mayor Daniels closed the Public Hearing on Item 21.
A MOTION was made by Vice Mayor Cook, seconded by Councilmember Peterson, to adopt
the resolutions declaring the Town’s intention to construct the ST1120 street
improvements and ordering that upon completion, that costs be assessed against the
properties, find that a necessity exists to make the street improvements, and deny the
objection filed by Caballero Apartments LLLP. Motion carried 7-0. Resolutions No. 4057,
No. 4058, No. 4059, No. 4060, No. 4061, No. 4062, and No. 4063 were adopted.
22. STREETLIGHT IMPROVEMENT DISTRICT 19-07 - consider adoption of a Resolution
creating Streetlight Improvement District No.19-07 Santan Village Phase 5 and ordering
the improvements.
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This item was approved with the Consent Calendar vote. Resolution No. 4064 was
adopted.
23. FINAL PLAT S15-11 - consider approval of the final plat for Lakeview Trails (southeast)
at Morrison Ranch located north and west of the northwest corner of Recker Road and
Warner Road.
This item was approved with the Consent Calendar vote.
24. FINAL PLAT S17-1012- consider approval of the final plat for Hamstra Dairy - Phase 2
located at north and west of the northwest corner of Chandler Heights Road and Val Vista
Drive.
This item was approved with the Consent Calendar vote.
25. FINAL PLAT S17-1012 - consider approval of the final plat for Hamstra Dairy - Phase 3
located at located north and west of the northwest corner of Chandler Heights Road and
Val Vista Drive.
This item was approved with the Consent Calendar vote.
26. FINAL PLAT S17-1012 - consider approval of the final plat for Hamstra Dairy - Phase 4
located west of the northwest corner of Val Vista Drive and Chandler Heights Road.
This item was approved with the Consent Calendar vote.
27. FINAL PLAT S17-1012 - consider approval of the final plat for Hamstra Dairy - Phase 5
located at the northwest corner of Chandler Heights Road and Val Vista Drive.
This item was approved with the Consent Calendar vote.
28. CAPITAL IMPROVEMENT PLAN —consider adoption of the FY 2020-2029 Capital
Improvement Program (CIP).
This item was approved with the Consent Calendar vote.
29. AGREEMENTS – consider approval and authorize the Mayor to execute the required
documents for:
a) Amendment No. 4 to Employment Agreement No. 2012-1002-0084 with Town Manager
Patrick Banger with an effective date of June 10, 2019;
b) Amendment No. 2 to Employment Agreement No. 2018-1004-0102 with Town Attorney
Christopher Payne with an effective date of June 10, 2019; and
c) Amendment No. 3 to Employment Agreement No. 2017-1003-0644 with Town Clerk
Lisa Maxwell with an effective date of June 10, 2019.
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This item was approved with the Consent Calendar vote.
30. HUMAN RESOURCES - consider approval of the Self-Insurance Trust Fund for Health
Insurance Benefits Board of Trustees recommendation of purchase of FY2020 stop loss
insurance coverage with Berkshire Hathaway and authorize staff to execute the required
documents.
This item was approved with the Consent Calendar vote.
31. HUMAN RESOURCES – consider adoption of a Resolution amending Section 4.3.3 of
minimum sick leave accruals to comply with Arizona State Law A.R.S. § 23-372(A) with the
Personnel Rules with an effective date of June 6, 2019.
This item was approved with the Consent Calendar vote. Resolution No. 4065 was
adopted.
32. BOARDS AND COMMISSIONS – consider acceptance of the resignation of Stephanie
Perkins from the Town of Gilbert, AZ Self-Insured Trust Fund for Health Insurance Benefits,
effective May 7, 2019.
This item was approved with the Consent Calendar vote.
33. MINUTES – consider approval of the minutes of Regular Meetings of May 2, 2019 and
May 16, 2019; and Special Meetings of May 14, 2019 and May 20, 2019.
This item was approved with the Consent Calendar vote.
PUBLIC HEARING
Mayor Jenn Daniels opened the Public Hearing for items 36 and 37. No one wished to
speak and Mayor Jenn Daniels closed the public hearing.
A MOTION was made by Vice Mayor Cook, seconded by Councilmember Ray, to approve
Public Hearing Items 36 and 37. Motion carried 7-0.
34. LIQUOR LICENSE – conduct hearing and consider approval of a Series 7 Beer and Wine
Liquor License for TK Nail & Spa located at 2050 East Williams Field Road, Suite 107.
Mayor Daniels opened the Public Hearing on Item 34. No one wished to speak and Mayor
Daniels closed the Public Hearing on Item 34.
A MOTION was made by Councilmember Ray, seconded by Councilmember Peterson, to
approve Public Hearing Item 34. Motion carried 7-0.
35. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant
Liquor License for Brio Tuscan Grille located at 2150 East Williams Field Road.
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This item was removed from the agenda.
36. BUDGET - conduct hearing and consider adoption of an Ordinance relating to taxation
levied upon assessed valuation of the property within the Municipal Street Lighting
Improvement District 85-01 through 85-10, 85-13 through 85-15, 85-17, 85-20 through
85-24, 86-01 through 86-11, 86-26, 87-01 through 87-06, 87-08 through 87-22, 87-24
through 87-25, 87-27, 88-01 through 88-08, 89-01, 90-01 through 90-05, 91-01 through
91-07, 92-01 through 92-03, 92-05 through 92-09, 93-01 through 93-08, 93-10 through
93-16, 93-18, 93-20, 94-01 through 94-24, 94-26, 94-28 through 94-38, 95-01 through
95-26, 95-28 through 95-42, 96-01 through 96-17, 96-19, 96-21 through 96-32, 97-01
through 97-06, 97-08, 97-10 through 97-21, 98-01, 98-03 through 98-09, 98-11 through
98-13, 98-15 through 98-18, 99-01 through 99-08, 00-01 through 00-14, 01-01 through
01-05, 02-01 through 02-06, 03-01 through 03-10, 04-01 through 04-06, 04-08, 05-01
through 05-12, 06-01 through 06-17, 07-01 through 07-05, 07-07 through 07-10, 08-01
through 08-03, 10-03, 11-01 through 11-03, 12-01 through 12-04, 13-01 through 13-18,
14-01 through 14-02, 14-04, 14-06 through 14-07, 14-09 through 14-10, 15-06 through
15-10, 16-01 through 16-02, and 17-03 certain sum sufficient to raise the amount
required for Street Lighting Improvement Districts subject to maximum levy; and declaring
an emergency.
This item was approved with the Public Hearing Vote. Ordinance No. 2711 was adopted.
37. BUDGET - conduct hearing and consider adoption of an Ordinance relating to taxation
levied upon property within the Parkway Maintenance Improvement District Nos. 07-1, 07-
2, 07-3, 07-4, 07-5, 07-6, 07-7, 07-8, 07-9, 07-10, and 07-11 sufficient to raise the amount
required for Parkway Improvement Districts for the period July 1, 2019 to June 30, 2020,
and declaring an emergency.
This item was approved with the Public Hearing Vote. Ordinance No. 2712 was adopted.
RECESS REGULAR MEETING AND RECONVENE SPECIAL MEETING
Mayor Daniels recessed the Regular meeting and convened the Special meeting.
38. BUDGET - conduct hearing and consider adoption of the Final Budget of
$1,048,945,125 for the period of July 1, 2019 to June 30, 2020.
Mayor Daniels opened the public hearing on Item 38.
Office of Management and Budget Director Kelly Pfost presented a video that would be
released to the public to highlight the Town’s success regarding the budget and to preview
what projects were forthcoming.
Councilmember Taylor stated he would not be voting in favor of the proposed budget,
stating the budget should communicate the true spending plan. He said it contemplated a
tax increase, adding that an increase of spending and staff headcount was concerning.
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Councilmember Peterson spoke of the benefits of living and working in Gilbert. She
discussed the growth of Gilbert and the needed flexibility for projects that may need to be
added or moved around. She noted that the tax increase was due to the increase of
property value in Gilbert. She thanked the budget staff for their hard work.
Councilmember Yentes thanked the staff for their work putting the budget together and
expressed concerns regarding spending and tax increases. She noted the State of
Arizona’s budget reflected a 16% increase in spending.
Vice Mayor Cook reviewed some of the numbers regarding projected spending versus
actual spending. He stated the Town would spend less in the coming year than the
previous year, noting the savings incurred from zero-base budgeting. He discussed the
Town’s AAA Bond rating and said there was $66,000,000 in reduction of debt through
early re-payment.
Councilmember Ray summarized three points to why he supported the budget. He said he
was in favor of budgeting for projects in their entirety, noted that the Public Safety Training
Center was approved by voters with roughly 65% approval rate, and stated Gilbert’s
financial situation as a community was above other communities in the State.
Councilmember Anderson spoke in support of the item, noting conservative numbers of
expected growth percentages and the lack of a primary property tax as strengths.
Mayor Daniels thanked the Council for their comments and Town staff for their work. She
stated it would not be harmful to have a small document or addendum that listed the
predicted spending for each fiscal year, but noted the need to have flexibility to pay down
debt early. She also stated that Gilbert was still the lowest cost per household in the entire
region, adding the Repair and Replacement Funds were “healthy” and would allow for
flexibility to meet the needs of the community.
Mayor Daniels closed the public hearing on Item 38.
A MOTION was made by Vice Mayor Cook, seconded by Councilmember Peterson, to
approve Public Hearing Item 38. Motion carried 5-2; with Councilmembers Taylor and
Yentes casting the dissenting votes.
39. BUDGET — conduct hearing and consider adoption of an Ordinance setting the
secondary property tax levy for FY2020 at $24,150,000.
Mayor Daniels opened the public hearing on Item 39.
Councilmember Taylor stated he would like to see the tax levy remain at the current rate of
$23,200,000.
Mayor Daniels closed the public hearing on Item 39.
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A MOTION was made by Councilmember Taylor, seconded by Councilmember Yentes, to
adopt an Ordinance setting the secondary property tax levy for FY2020 at the prior rate of
$22,300,000. Motion failed 2-5, with Councilmembers Taylor and Yentes casting the
assenting votes.
A MOTION was made by Vice Mayor Cook, seconded by Councilmember Ray, to adopt an
Ordinance setting the secondary property tax levy for FY2020 at $24,150,000. Motion
carried 5-2, with Councilmembers Taylor and Yentes casting the dissenting votes.
Ordinance No. 2713 was adopted.
RECESS SPECIAL MEETING AND RECONVENE REGULAR MEETING
Mayor Daniels adjourned the Special meeting and reconvened the Regular meeting.
ADMINISTRATIVE ITEMS
40. BOARDS, COMMISSIONS, AND COMMITTEES - reports from Council Liaisons for the:
a) Subcommittee on Board and Commission Application Screening, Interview, and
Selection
b) Subcommittee on Building Code
c) Subcommittee on Land Development Code
d) Ad Hoc
e) Regional Meetings
f) Industrial Development Authority
g) Judicial Review Committee
h) Mayor’s Youth Advisory Committee
i) Parks and Recreation Board
j) Planning Commission
k) Redevelopment Commission
l) Town of Gilbert, AZ Public Facilities MPC
m) Town of Gilbert, AZ Water Resources MPC
n) Town of Gilbert, AZ Self-Insured Trust Fund for Health Benefits
o) Utility Board
There was no discussion.
POLICY ITEMS
41. POLICY NO. 2019-03 - consider approval of Council Policy No. 2019-03 regarding
Policies of Responsible Financial Management, repealing Policy No. 2017-02.
A MOTION was made by Councilmember Peterson, seconded by Councilmember Ray, to
approve Policy No. 2019-03. Motion carried 7-0. Policy No. 2019-03 was adopted.
FUTURE MEETINGS
Requested Agenda Items and Projected Meeting Dates:
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08/15/2019 - Allow Development Services to increase the credit card fee to up to 4%.
Contact K. Mieras (J. Ray, A. Yentes, E. Cook)
COMMUNICATIONS
Report from the TOWN MANAGER on current events.
Town Manager Patrick Banger recognized the following employees for their efforts with the
compiling of information for and recent tour provided to Standards and Poor’s Financial
Services, LLC to review the Town’s credit rating: Finance and Management Services
Director Håkon Johanson, Economic Development Director Dan Henderson, Economic
Development Manager Jennifer Graves, Office of Management and Budget Director Kelly
Pfost, Accounting Manager Tanya Wright, and Economic Development Analyst Alan
Hoogasian. He thanked Community Resources Program Supervisor Melanie Dykstra for
working with Utility Billing and the Town’s store to raise the highest amount of Neighbor 2
Neighbor funds thus far. He thanked Office of Management and Budget Director Kelly
Pfost, Management and Budget Senior Analysts Laura Lorenzen and Cris Welch, and
Management and Budget Analyst II Justin Romney for their work with the annual budget.
He recognized Assistant Town Engineer Susanna Struble for winning the Value Engineer
Award from Save International.
Report from the COUNCIL on current events.
Councilmember Ray thanked Parks and Recreation Director Robert Carmona and the
Parks and Recreation Department for their work with Mesquite Aquatic Center and
swimming pool rentals, adding their facility and staff were amazing.
Report from the MAYOR on current events.
Mayor Daniels encouraged the community to make donations to the Heat Relief Network,
which provides resources to the community during the summer months. She reminded the
Council that there would be an Executive Session to conduct interviews for the Presiding
Judge position on Monday, June 10, 2019.
ADJOURN
Mayor Daniels adjourned meeting at 7:45 p.m.
ATTEST:
___________________________ ___________________________________
Jenn Daniels, Mayor Lisa Maxwell, MMC, Town Clerk
CERTIFICATION
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I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the
regular meeting of the Town Council of the Town of Gilbert held on the 6th day of June,
2019. I further certify that the meeting was duly called and held and that a quorum was
present.
Dated this ____ day of ____________________.
___________________________________
Lisa Maxwell, MMC, Town Clerk
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Agenda
COUNCIL MEETING AGENDA
June 6, 2019
Members may attend in person or by telephone.
Jenn Daniels, Mayor ● Eddie Cook, Vice Mayor
Scott Anderson ● Brigette Peterson ● Jordan Ray ● Jared Taylor ● Aimee Yentes
Regular Meeting
6/6/2019 6:30:00 PM
Municipal Center, Council Chambers
50 E Civic Center Drive
Gilbert, Arizona
AGENDA ITEMS MAY BE DISCUSSED IN A DIFFERENT SEQUENCE.
ITEMS WILL NOT BE DISCUSSED PRIOR TO POSTED MEETING TIME.
AGENDA ITEM
CALL TO ORDER
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation may be offered by a person of any religion, faith, belief or non-belief, as
well as Councilmembers. A list of volunteers is maintained by the Town Clerk and
interested persons should contact the Clerk for further information.
Mayor invites all scouts present to the front of the Council Chambers.
Pledge of Allegiance and introduction and recognition of scouts.
Invocation by Pastor Terry R Baughman of Life Church Gilbert.
ROLL CALL
PRESENTATIONS; PROCLAMATIONS
1 RECOGNITION - Recognition of the Gilbert based Odyssey of the Mind
Competition Team for representing Gilbert at the 2019 World Finals in East
Lansing, Michigan.
2 RECOGNITION – Recognizing Lucas Holt as Gilbert Youth of the Year.
3 PRESENTATION -Presentation recognizing the 2019 MVP Award nominees and
winners for the Town of Gilbert.
COMMUNICATIONS FROM CITIZENS
At this time, members of the public may comment on matters within the jurisdiction of
the Town but not on the agenda. The Council’s response is limited to responding to
criticism, asking staff to review a matter commented upon, or asking that a matter be
put on a future agenda.
CONSENT CALENDAR
All items listed below are considered consent calendar items and may be approved by a
single motion unless removed at the request of Council for further discussion/action.
Other items on the agenda may be added to the consent calendar and approved under a
single motion.
4 AGREEMENT – consider approval of Arizona Lower Basin Drought Contingency
Plan Framework Agreement No. 319001150 with United States of America
represented by the Secretary of the Interior acting through the Regional Director
of the Lower Colorado Region of the Bureau of Reclamation, the State of Arizona
acting through the Arizona Department of Water Resources, the Arizona Water
Banking Authority, the Central Arizona Water Conservation District, the Colorado
River Indian Tribes, and the Gila River Indian Community to allocate water
shortages among the States in order to keep the river system from collapsing
and authorize the Mayor to execute the required documents.
5 AGREEMENT – consider approval of Non-Indian Agricultural (NIA) Mitigation
Agreement No. 319001151 with United States of America represented by the
Secretary of the Interior acting through the Regional Director of the Lower
Colorado Region of the Bureau of Reclamation, Arizona Department of Water
Resources, Arizona Water Banking Authority, Central Arizona Water Conservation
District, Gila River Indian Community, City of Chandler, Town of Gilbert, City of
Glendale, City of Mesa, City of Phoenix, City of Scottsdale and City of Tempe for
the mitigation of reductions to Central Arizona Project (CAP) NIA priority water
under the drought contingency plan and authorize the Mayor to execute the
required documents.
6 AGREEMENT – consider approval of Reclaimed Water Storage Agreement No.
319001149 with the Town of Queen Creek for storage of water for Queen Creek
in exchange for annual lease payment and actual pumping energy costs incurred
for a period of ten (10) years with the option to renew for five (5) additional years
and authorize the Mayor to execute the required documents.
7 DEVELOPMENT AGREEMENT – consider adoption of a Resolution approving a
Development Reimbursement and Lien Agreement with HHB VI, LLC for the Val
Vista Drive Improvements Project No. ST1120 and authorize the Mayor to
execute the required documents.
8 INTERGOVERNMENTAL AGREEMENT – consider approval of Intergovernmental
Agreement No. 319000009 (EDEN 2015-1304-0764) with Arizona Department
of Revenue for Uniform Administration of the Town’s Transaction Privilege Tax
with automatic renewal on January 1 every successive year until agreement is
terminated and authorize the Mayor to execute the required documents.
9 INTERGOVERNMENTAL AGREEMENT – consider approval Amendment No.1 to
Intergovernmental Agreement No. 319000692 with Maricopa County Animal
Control in an amount not to exceed $182,182 for basic animal control services
for a period of two (2) years effective July 1, 2019 and authorize the Mayor to
execute the required documents.
10 INTERGOVERNMENTAL AGREEMENT – consider approval of a Resolution for
Intergovernmental Agreement No. 319001214 with Arizona Department of
Transportation (ADOT) for the purchase of up to three street sweepers using
previously approved grant funding from Maricopa Area Governments (MAG) and
authorize the Mayor to execute the required documents.
11 INTERGOVERNMENTAL AGREEMENT – consider approval of Intergovernmental
Agreement No. 319001162 with Maricopa County and Queen Creek for
improvements to Chandler Heights Recker to Power Project No. ST1890 and
authorize the Mayor to execute the required documents.
12 CONTRACT – consider:
a) approval of the purchase of one (1) vehicle for Wastewater pursuant to
Cooperative Purchase Agreement No. 319000038 with San Tan Ford in an
amount not to exceed $37,122.70 including taxes and authorize the Mayor to
execute the required documents;
b) a Contingency Transfer from the Wastewater Replacement Fund in the
amount of $37,125 in FY2019; and
c) a Contingency Transfer from the Wastewater Replacement Fund in the
amount of $37,125 in FY2020.
13 CONTRACT – consider approval of a Cooperative Purchase Agreement No.
319001131 with Keller Electrical Industries Inc. utilizing City of Mesa
Cooperative Purchasing Contract No. 2017236 in an amount not to exceed
$125,000 for preventative maintenance of potable water infrastructure and
renewing automatically every year coterminous with the City of Mesa contract
and authorize the Mayor to execute the required documents.
14 CONTRACT – consider approval of Fiscal Year 2019-2020 General Fund and
Neighbor 2 Neighbor funds for human services contracts:
a) approve the FY2019-2020 allocation of $323,000 in General funds and
$107,000 in Neighbor 2 Neighbor/Share My Stamp funds to the priority areas as
recommended by staff to provide non-profit support in the community;
b) approve Contract No. 319001164 with AZCEND in the amount of $120,000
and authorize the Mayor to execute the required documents; and
c) approve Contract No. 319001163 with Gilbert Boys and Girls Club in the
amount of $100,000 and authorize the Mayor to execute the required
documents.
15 CONTRACT – consider approval of Task Order No. 002 to Job Order Cooperative
Purchasing Contract (JOC) Contract No. 319001105 with Felix Construction Inc.
in an amount not to exceed $513,055.69 for North Water Plant Filter
Rehabilitation Project No. WA1541 and authorize the Mayor to execute the
required documents.
16 CONTRACT – consider approval of Construction Manager at Risk Services (CM@R)
Contract No. 319001141 with Hunter Contracting, Co., in an amount not to
exceed $7,516,406.89 for the Candlewood Lift Station and Forcemain Project
No. WW0700 and authorize the Mayor to execute the required documents.
17 CHANGE ORDER – consider approval of Change Order No. 1 to Contract No.
319000691 with NFra, Inc. increasing the contract amount by $24,462 for trash
compactors at Elm Street and Vaughn Avenue, Project No. RD2140, and
authorize the Mayor to execute the required documents.
18 GRANT – consider application of 12% Gaming Contribution Grant, Contract No.
319001194, from the Tohono O’odham Nation in the amount of $32,700 for the
Native American Management Internship.
19 GRANT – consider application of a pass-through 12% Gaming Grant from the
Tohono O’odham Nation and authorize the Mayor to execute the required
documents for :
a) Contract No. 319001192 in the amount of $100,000 for One Small Step Inc.
doing business as (dba) The Clothes Cabin; and
b) Contract No. 319001193 in the amount of $20,000 for Valley of the Sun
YMCA.
20 GRANT – consider application and acceptance of 12% Gaming Contribution
Grant, Contract No. 319001215, from the Tohono O’odham Nation in the amount
of $851,091.10 for a chemical identification meter, Firefighter Personal
Protective Equipment (turnout gear) and Rescue Task Force jump bags and
authorize the Mayor to execute the required documents.
21 ASSESSMENT OF COSTS - consider adoption of:
a) Resolution declaring Gilbert’s intention to construct Street Improvements to
Val Vista Drive between Appleby Road and Brooks Farm Road, Project No.
ST112, ordering that upon completion of the street improvements costs be
assessed against adjacent property, Parcel No. 304-72-018B;
b) Resolution declaring Gilbert’s intention to construct Street Improvements to
Val Vista Drive between Appleby Road and Brooks Farm Road, Project No.
ST112, ordering that upon completion of the street improvements costs be
assessed against adjacent property, Parcel No. 304-72-018C;
c) Resolution declaring Gilbert’s intention to construct Street Improvements to
Val Vista Drive between Appleby Road and Brooks Farm Road, Project No.
ST112, ordering that upon completion of the street Improvements costs be
assessed against adjacent property Parcel No. 304-72-016A;
d) Resolution declaring Gilbert’s intention to construct Street Improvements to
Val Vista Drive between Appleby Road and Brooks Farm Road, Project No.
ST112, ordering that upon completion of the street improvements costs be
assessed against adjacent property, Parcel No. 304-75-006A;
e) Resolution declaring Gilbert’s intention to construct Street Improvements to
Val Vista Drive between Appleby Road and Brooks Farm Road, Project No.
ST112, ordering that upon completion of the street improvements costs be
assessed against adjacent property, Parcel No. 304-75-008A;
f) Resolution declaring Gilbert’s intention to construct Street Improvements to
Ocotillo Road between 148th Street and Val Vista Drive, Project No. ST112,
ordering that upon completion of the street improvements costs be assessed
against adjacent property, Parcel No. 304-72-016A; and
g) Resolution declaring Gilbert’s intention to construct Street Improvements to
Ocotillo Road between 148th Street and Val Vista Drive, Project No. ST112,
ordering that upon completion of the street improvements costs be assessed
against adjacent property, Parcel No. 304-75-006A.
22 STREETLIGHT IMPROVEMENT DISTRICT 19-07 - consider adoption of a Resolution
creating Streetlight Improvement District No.19-07 Santan Village Phase 5 and
ordering the improvements.
23 FINAL PLAT S15-11 - consider approval of the final plat for Lakeview Trails
(southeast) at Morrison Ranch located north and west of the northwest corner of
Recker Road and Warner Road.
24 FINAL PLAT S17-1012- consider approval of the final plat for Hamstra Dairy -
Phase 2 located at north and west of the northwest corner of Chandler Heights
Road and Val Vista Drive.
25 FINAL PLAT S17-1012 - consider approval of the final plat for Hamstra Dairy -
Phase 3 located at located north and west of the northwest corner of Chandler
Heights Road and Val Vista Drive.
26 FINAL PLAT S17-1012 - consider approval of the final plat for Hamstra Dairy -
Phase 4 located west of the northwest corner of Val Vista Drive and Chandler
Heights Road.
27 FINAL PLAT S17-1012 - consider approval of the final plat for Hamstra Dairy -
Phase 5 located at the northwest corner of Chandler Heights Road and Val Vista
Drive.
28 CAPITAL IMPROVEMENT PLAN —consider adoption of the FY 2020-2029 Capital
Improvement Program (CIP).
29 AGREEMENTS – consider approval and authorize the Mayor to execute the
required documents for:
a) Amendment No. 4 to Employment Agreement No. 2012-1002-0084 with
Town Manager Patrick Banger with an effective date of June 10, 2019;
b) Amendment No. 2 to Employment Agreement No. 2018-1004-0102 with
Town Attorney Christopher Payne with an effective date of June 10, 2019; and
c) Amendment No. 3 to Employment Agreement No. 2017-1003-0644 with
Town Clerk Lisa Maxwell with an effective date of June 10, 2019.
30 HUMAN RESOURCES - consider approval of the Self-Insurance Trust Fund for
Health Insurance Benefits Board of Trustees recommendation of purchase of
FY2020 stop loss insurance coverage with Berkshire Hathaway and authorize
staff to execute the required documents.
31 HUMAN RESOURCES – consider adoption of a Resolution amending Section
4.3.3 of minimum sick leave accruals to comply with Arizona State Law A.R.S. §
23-372(A) with the Personnel Rules with an effective date of June 6, 2019.
32 BOARDS AND COMMISSIONS – consider acceptance of the resignation of
Stephanie Perkins from the Town of Gilbert, AZ Self-Insured Trust Fund for Health
Insurance Benefits, effective May 7, 2019.
33 MINUTES – consider approval of the minutes of Regular Meetings of May 2, 2019
and May 16, 2019; and Special Meetings of May 14, 2019 and May 20, 2019.
PUBLIC HEARING
Items will be heard at one Public Hearing; at which time anyone wishing to comment on
a Public Hearing Item may do so. Comments will be heard from those in support of or in
opposition to an item. Hearings are noticed for 6:30 p.m.
In order to comment on a Public Hearing Item, you must fill out a public comment form,
indicating the Item Number on which you wish to be heard. Once the hearing is closed,
there will be no further public comment unless requested by a member of the Council.
After the Public Hearing, the Council may act on all items not requiring additional staff,
public, or Councilmember comment with a single vote.
34 LIQUOR LICENSE – conduct hearing and consider approval of a Series 7 Beer and
Wine Liquor License for TK Nail & Spa located at 2050 East Williams Field Road,
Suite 107.
35 LIQUOR LICENSE – conduct hearing and consider approval of a Series 12
Restaurant Liquor License for Brio Tuscan Grille located at 2150 East Williams
Field Road.
36 BUDGET - conduct hearing and consider adoption of an Ordinance relating to
taxation levied upon assessed valuation of the property within the Municipal
Street Lighting Improvement District 85-01 through 85-10, 85-13 through 85-15,
85-17, 85-20 through 85-24, 86-01 through 86-11, 86-26, 87-01 through 87-06,
87-08 through 87-22, 87-24 through 87-25, 87-27, 88-01 through 88-08, 89-01,
90-01 through 90-05, 91-01 through 91-07, 92-01 through 92-03, 92-05 through
92-09, 93-01 through 93-08, 93-10 through 93-16, 93-18, 93-20, 94-01 through
94-24, 94-26, 94-28 through 94-38, 95-01 through 95-26, 95-28 through 95-42,
96-01 through 96-17, 96-19, 96-21 through 96-32, 97-01 through 97-06, 97-08,
97-10 through 97-21, 98-01, 98-03 through 98-09, 98-11 through 98-13, 98-15
through 98-18, 99-01 through 99-08, 00-01 through 00-14, 01-01 through 01-
05, 02-01 through 02-06, 03-01 through 03-10, 04-01 through 04-06, 04-08, 05-
01 through 05-12, 06-01 through 06-17, 07-01 through 07-05, 07-07 through
07-10, 08-01 through 08-03, 10-03, 11-01 through 11-03, 12-01 through 12-04,
13-01 through 13-18, 14-01 through 14-02, 14-04, 14-06 through 14-07, 14-09
through 14-10, 15-06 through 15-10, 16-01 through 16-02, and 17-03 certain
sum sufficient to raise the amount required for Street Lighting Improvement
Districts subject to maximum levy; and declaring an emergency.
37 BUDGET - conduct hearing and consider adoption of an Ordinance relating to
taxation levied upon property within the Parkway Maintenance Improvement
District Nos. 07-1, 07-2, 07-3, 07-4, 07-5, 07-6, 07-7, 07-8, 07-9, 07-10, and 07-
11 sufficient to raise the amount required for Parkway Improvement Districts for
the period July 1, 2019 to June 30, 2020, and declaring an emergency.
RECESS REGULAR MEETING AND RECONVENE IN SPECIAL MEETING
38. BUDGET - conduct hearing and consider adoption of the Final Budget of
$1,048,945,125 for the period of July 1, 2019 to June 30, 2020.
39. BUDGET — conduct hearing and consider adoption of an Ordinance setting the
secondary property tax levy for FY2020 at $24,150,000.
RECESS SPECIAL MEETING AND RECONVENE IN REGULAR MEETING
ADMINISTRATIVE ITEMS
Administrative Items are for Council discussion and action. It is to the discretion of the
majority of the Council regarding public input requests on any Administrative Item.
Persons wishing to speak on an Administrative Item should complete a Request to
Speak Form and indicate the Item they wish to address. Council may or may not accept
public comment.
40 BOARDS, COMMISSIONS, AND COMMITTEES - reports from Council Liaisons for
the:
a) Subcommittee on Board and Commission Application Screening, Interview,
and Selection
b) Subcommittee on Building Code
c) Subcommittee on Land Development Code
d) Ad Hoc
e) Regional Meetings
f) Industrial Development Authority
g) Judicial Review Committee
h) Mayor’s Youth Advisory Committee
i) Parks and Recreation Board
j) Planning Commission
k) Redevelopment Commission
l) Town of Gilbert, AZ Public Facilities MPC
m) Town of Gilbert, AZ Water Resources MPC
n) Town of Gilbert, AZ Self-Insured Trust Fund for Health Benefits
o) Utility Board
POLICY ITEMS
41 POLICY NO. 2019-03 - consider approval of Council Policy No. 2019-03 regarding
Policies of Responsible Financial Management, repealing Policy No. 2017-02.
FUTURE MEETINGS
There may be a discussion of whether to place an item on a future agenda and the date,
but not the merits of the item.
Requested Agenda Items and Projected Meeting Dates:
08/15/2019 - Allow Development Services to increase the credit card fee to up to 4%.
Contact K. Mieras (J. Ray, A. Yentes, E. Cook)
COMMUNICATIONS
Report from the TOWN MANAGER on current events.
Report from the COUNCIL on current events.
Report from the MAYOR on current events.
ADJOURN
NOTICE TO PARENTS: Parents and legal guardians have the right to consent before the
Town of Gilbert makes a video or voice recording of a minor child. A.R.S. 1-602.A.9. Gilbert
Council Meetings are recorded and maybe viewed on Channel 11 and the Gilbert website.
If you permit your child to participate in the Council Meeting, a recording will be made. If
your child is seated in the audience your child may be recorded, but you may request that
your child be seated in a designated area to avoid recording. Please submit your request to
the Town Clerk.
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