Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF TUESDAY, JANUARY 5, 2021 AT 6:30 PM, MUNICIPAL CENTER I, COUNCIL CHAMBERS, 50 E CIVIC CENTER DRIVE, GILBERT, ARIZONA COUNCIL PRESENT: Mayor Scott Anderson, Vice Mayor Yung Koprowski, Councilmembers Laurin Hendrix, Scott September, Jared Taylor, Kathy Tilque, and Aimee Yentes COUNCIL ABSENT: None STAFF PRESENT: Town Manager Patrick Banger, Town Clerk Chaveli Herrera, Deputy Clerk Judy Martinez, Town Attorney Christopher Payne, and Chief People Officer Nathan Williams AGENDA ITEM CALL TO ORDER Mayor Anderson called the meeting to order at 6:34 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Yentes led the Pledge of Allegiance. Bert Moll gave the invocation. ROLL CALL Town Clerk Herrera called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS None. COMMUNICATIONS FROM CITIZENS Omar Hameed, Gilbert resident, spoke about the sewer line that runs from Lindsay Road to Neely Street. He stated the property owners of Honeysuckle and Commerce Street were willing to allow the Town access to their properties to repair the sewer line, but in exchange the residents would like the Town to sign an agreement not to acquire part of the properties along the sewer line. He reiterated his request that the Council meet with the property owners affected by this sewer line repair to come up with an amicable solution. Victor McCleve, Gilbert resident, stated the Town’s desires for the sewer line project could be accomplished without the acquisitions. He said he believed the homeowners would not object to allowing access, adding there was opportunity to meet the Town’s objectives through discussion and without conflict. 1 Stacy Adams, Gilbert resident, spoke of Project WW1060, Items 4 and 28 from the November 10, 2020 Council meeting. She discussed the manhole cover on her property and her ongoing willingness to allow Town staff access to it, adding she was shocked to receive the notice from Jacob Engineering about the purchase of her property. She asked why it was necessary to do the project now with half of the lifetime of the sewer line remaining. She asked why taking their land was the only way to achieve success and requested further due diligence by the Council before spending needless taxpayer dollars. Victoria Schaeffer, Gilbert resident, stated she had been in contact with Jacob Engineering, adding the refurbishment of the sewer line would be done internally and would not require access from private properties. She said there was no need to dig up or acquire those properties. She said she bought her home without understanding of the issues and easements, noting an extension renovation in her backyard. She stated residents would be happy to allow the Town access if necessary, but the acquisitions were not necessary. CONSENT CALENDAR A MOTION was made by Councilmember September, seconded by Councilmember Yentes, to approve Consent Items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16; and to remove Item 15A from the Consent Calendar. Motion carried 7-0. 1. INTERGOVERNMENTAL AGREEMENT – consider approval of Intergovernmental Agreement for Waste Collection and Transportation Mutual Aid Contract No. 321000205 between the Town of Gilbert and the other participating Arizona Cities and Towns outlining the terms by which such municipalities shall be authorized to provide mutual aid of resources for waste collection and transportation, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 2. DEVELOPMENT AGREEMENT – consider adoption of a Resolution approving a Development Reimbursement and Lien Agreement with Acero Val Vista, LLC for the design and construction of a traffic signal at Melrose Street and Val Vista Drive, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 4175 was adopted. 3. CONTRACT – consider approval of expenditures under Contract No. 320000145 with Dell SecureWorks in an amount not to exceed $113,000 for the Security Information Event Management (SIEM) solution and Security Operations Center as a Service (SOCaaS), and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 2 4. CONTRACT – consider approval of Purchase Order Contract No. 321000164 with CarahSoft, an authorized reseller of DocuSign, utilizing State of Arizona Contract No. CTR046098, in an amount not to exceed $146,406 for products and services related to the implementation of electronic signatures, digital workflows and contract building, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 5. CONTRACT – consider approval of and authorize the Mayor to execute the required documents of: a) Cooperative Purchase Agreement No. 320000472 with Rush Truck Center Phoenix, utilizing Houston-Galveston Area Council of Governments (H-GAC) Contract No. HT06-20 for the purchase of five (5) vehicles, in an amount not to exceed $1,729,600; b) Purchase of twenty-one (21) vehicles utilizing Cooperative Purchase Agreement No. 319000038 with San Tan Ford in an amount not to exceed $1,181,056; c) Purchase of seven (7) vehicles utilizing Cooperative Purchase Agreement No. 319000032 with Courtesy Chevrolet in an amount not to exceed $173,743; d) Purchase of one (1) vehicle utilizing Cooperative Purchase Agreement No. 319000033 with Empire Southwest LLC in an amount not to exceed $23,805; e) a Contingency Transfer from the Environmental Services – Residential Replacement Fund in the amount of $700; f) a Contingency Transfer from the General Replacement Fund in the amount of $53,940; and g) a Contingency Transfer from the Water Replacement Fund in the amount of $146, 635. This item was approved with the Consent Calendar vote. 6. CONTRACT – consider approval of Professional Consulting Services Contract No. 321000013 with The Design Laboratory, PLLC in an amount not to exceed $260,747.12 for the Shade and Streetscape Master Plan, CIP No. MF2522, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 7. CONTRACT – consider approval of Amendment No. 2 to Contract No. 319000816 (Eden No. 2014-4105-0182) with Waste Management in an amount not to exceed $900,000 for Solid Waste Disposal and Vegetative Waste Processing Services, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 3 8. CHANGE ORDER – consider approval of Change Order No. 1 to Contract No. 320000131 with J2 Engineering increasing the contract amount by $51,245.65 for the Powerline Trail – Phase IV Project, Project No. PR0620, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 9. STREETLIGHT IMPROVEMENT DISTRICT 20-03 - consider adoption of a Resolution creating Street Light Improvement District No. 20-03 for The Springs at Cooley Station Project and ordering the improvements. This item was approved with the Consent Calendar vote. Resolution No. 4176 was adopted. 10. FINAL PLAT DR19-152 - consider approval of the Final Plat for Bungalows on Ray located at the northwest corner of Ray Road and SanTan Village Parkway. This item was approved with the Consent Calendar vote. 11. FINAL PLAT S18-02 - consider approval of the Final Plat for Terraza located at the southwest corner of Recker Road and Ocotillo Road. This item was approved with the Consent Calendar vote. 12. FINAL PLAT DR20-25 - consider approval of the Final Plat for Album Cooley Station located at the northwest corner of Recker Road and Somerton Boulevard. This item was approved with the Consent Calendar vote. 13. FINAL PLAT S20-01 - consider approval of the Final Plat for Warner Meadows, Phase 1, located north and east of the northeast corner of Recker Road and Warner Road. This item was approved with the Consent Calendar vote. 14. FINAL PLAT S658 - consider approval of the Final Plat for Lexi Lane Acres located south and southwest corner of Queen Creek Road and 158th Street. This item was approved with the Consent Calendar vote. 15. FINAL PLAT DR20-58 - consider approval of the Final Plat for Acero Val Vista, located west of the northwest corner of Melrose Street and Val Vista Drive. This item was approved with the Consent Calendar vote. 4 15A. HUMAN RESOURCES – consider adoption of a Resolution implementing a temporary amendment to Town of Gilbert Personnel Rules providing the continued use of “COVID Sick Leave” beginning January 1, 2021. Chief People Officer Williams presented information on COVID sick leave, positive cases among staff, and impacts on the organization. Councilmember Yentes asked if the leave would be throughout 2021 or if there was a specific sunset on the policy. Chief People Officer Williams provided clarification that it was not anticipated through the end of the calendar year. He said he anticipated a phasing out as the COVID vaccine became more readily available, noting the Town Manager had the right to cancel or change the policy as needed. Town Manager Banger provided additional clarification on the intent of the Resolution, stating once there was a drop in positive cases the program could be phased out. Councilmember Taylor asked if CARES Funds could be allocated to offset costs as an eligible expense. Town Manager Banger stated the funds could be applied to those expenses if the Council chose to do so. Councilmember Yentes noted there would be an upcoming meeting of the Subcommittee on the AZ Cares Act and perhaps that initiative could be considered by the Subcommittee. A MOTION was made by Councilmember Yentes, seconded by Councilmember Tilque, to approve Item 15A. Motion carried 7-0. Resolution No. 4178 was adopted. 16. MINUTES – consider approval of the minutes of the Regular Meeting of December 15, 2020. This item was approved with the Consent Calendar vote. PUBLIC HEARING 17. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Alcohol License for State 48 Tap House located at 2218 East Williams Field Road, Suite 101. Mayor Anderson opened the public hearing for Item 17. No one wished to speak and Mayor Anderson closed the public hearing. A MOTION was made by Councilmember Yentes, seconded by Councilmember September, to approve public hearing Items 17. Motion carried 7-0. 18. ZONING AP20-04, AP20-05 and AP20-06 (DR19-128) - conduct hearing and consider appeal to the Gilbert Town Council from the Town of Gilbert Design Review Board's approval of a Design Review for Trilogy at Power Ranch Tennis and Pickleball Complex on approximately 5.74 acres located at 4369 E. Village Parkway and zoned Public 5 Facilities/Institutional (PF/I) with a Planned Area Development (PAD) overlay zoning district. The appellants for AP20-04, AP20-05 and AP20-06 have withdrawn these applications for consideration. No motion was taken on this item. ADMINISTRATIVE ITEMS 19.COUNCIL ADMINISTRATION - consider adoption of a Resolution of Appreciation for Councilmember Jared Taylor. Mayor Anderson read a Resolution of Appreciation honoring Councilmember Taylor and thanked him for his years of service. Councilmember Taylor thanked those he worked with and who supported him, reflected on his experience, and offered to be of assistance to the Town in the future if needed. He requested that in lieu of any gift to him, he would like some trees added for shade through the Parks and Recreation Department. Eddie Cook, Maricopa County Assessor and former Councilmember, spoke in appreciation and respect of Councilmember Taylor. He discussed their time together on the Council and thanked the Taylor Family as well. Mayor Anderson stated he and Councilmember Taylor still owed a basketball game to Assessor Eddie Cook and Justice Jordan Ray, also noting the Taylors and Septembers also had a pickleball challenge ahead. Councilmember Yentes expressed her gratitude to Councilmember Taylor, adding he had always been a stalwart, constant advocate for taxpayers. She said she was grateful for his thoughtful leadership and how he consistently remained patient, earnest, and humble. Councilmember September stated he and Councilmember Taylor had been neighbors for almost fifteen years, adding Councilmember Taylor had been an inspiration to him to serve the Town of Gilbert. He said he appreciated Councilmember Taylor helping him navigate his way with the Council in the beginning and that it was fantastic working with him. Councilmember September said he appreciated Councilmember Taylor’s thoughtful and articulate explanations of his positions on so many matters. He said Councilmember Taylor always did an extraordinary job and was always calm in his demeanor, adding it was something he hoped to achieve during his time on the Council. He thanked the Taylor Family and Councilmember Taylor for his service to Gilbert, adding the pickleball challenge was still standing and could be done at the new Gilbert Regional Park when they were able to do so. Mayor Anderson stated there was delicious cake at the Council meeting and he wished that Councilmember Taylor could partake in it. He stated he felt very strongly about the strength that Councilmember Taylor brought to the Council and that his different perspectives were very valuable to Mayor Anderson, adding his wife was also very 6 appreciative of Councilmember Taylor over the years. He again thanked Councilmember Taylor for his time. Town Manager Banger joked that he would not advise playing basketball with Councilmember Taylor, stating pickleball may be a better sport to engage him in. He said on behalf of himself and Team Gilbert, he appreciated Councilmember Taylor’s perspective and honest approach, adding that Councilmember Taylor challenged staff to find better and more efficient ways. He said he appreciated the impact that Councilmember Taylor brought to the organization to streamline and create better efficiencies, noting the sacrifice of time from Councilmember Taylor and his family. A MOTION was made by Councilmember Yentes, seconded by Councilmember September, to Item 19. Motion carried 6-0-1, with Councilmember Taylor abstaining. Resolution No. 4177 was adopted. 20. BOARDS, COMMISSIONS, AND COMMITTEES - reports from Council Liaisons for the: a) Council Subcommittees b) Ad Hoc Committees c) Regional Meetings d) Industrial Development Authority e) Judicial Selection and Advisory Board f) Mayor’s Youth Advisory Committee g) Parks and Recreation Board h) Planning Commission i) Police and Fire Public Safety Personnel Retirement System (PSPRS) Local Pension Boards j) Redevelopment Commission k) Town of Gilbert, AZ Deferred Compensation Trust Board l) Town of Gilbert, AZ Public Facilities Municipal Property Corporation m) Town of Gilbert, AZ Self-Insured Trust Fund Board n) Town of Gilbert, AZ Water Resources Municipal Property Corporation o) Utilities Board p) Veterans Advisory Board There were no reports. POLICY ITEMS None. FUTURE MEETINGS There was no discussion. COMMUNICATIONS Report from the TOWN MANAGER on current events. 7 Town Manager Banger discussed the ground breaking of the Lindsay Road Interchange Project and expressed appreciation to the many external and internal partners. He recognized Assistant Town Manager Leah Hubbard-Rhineheimer, Town Engineer David Fabiano, Assistant Town Engineer Susanna Struble, and Town Attorney Christopher Payne for their efforts on the project. He discussed the Town’s closing of the excess parcel on the Loop 202 known as the “Heliae Land”. He recognized Assistant Town Manager Mary Goodman, Development Service Director Kyle Mieras, Assistant Town Attorney John Baird, and Town Attorney Christopher Payne for their work on the multi-year negotiation of the final agreement. Report from the COUNCIL on current events. There were no reports. Report from the MAYOR on current events. Mayor Anderson encouraged everyone to be mindful of the risks of COVID-19 and to stay healthy. RECESS REGULAR MEETING AND RECONVENE IN EXECUTIVE SESSION A MOTION was made by Councilmember September, seconded by Vice Mayor Koprowski, to recess Regular Meeting and Reconvene in Executive Session pursuant to: A.R.S. § 38-431.03(A)(3) discussion or consultation for legal advice with the Town Attorney and to consider the Town’s position and instruct the Town Attorney concerning Salt River Project’s proposed new 69kV power line alignment along Val Vista Road between Appleby and Riggs Roads. Motion carried 7-0. Mayor Anderson recessed the Regular Meeting at 7:27 p.m. ADJOURN EXECUTIVE SESSION AND RECONVENE REGULAR MEETING Mayor Anderson reconvened the Regular Meeting at 8:47 p.m. ADJOURN Mayor Anderson adjourned meeting at 8:47 p.m. ATTEST: ___________________________ ___________________________________ Scott Anderson, Mayor Chaveli Herrera, MMC, Town Clerk 8 CERTIFICATION 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 5th day of January, 2021. I further certify that the meeting was duly called and held and that a quorum was present. Dated this ____ day of ____________________ 2021. ___________________________________ Chaveli Herrera, MMC, Town Clerk 9