Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF TUESDAY, JANUARY 19, 2021 AT 6:30 PM, MUNICIPAL CENTER I, COUNCIL CHAMBERS, 50 E CIVIC CENTER DRIVE, GILBERT, ARIZONA COUNCIL PRESENT: Mayor Brigette Peterson, Vice Mayor Yung Koprowski, Councilmembers Scott Anderson, Laurin Hendrix, Scott September, 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, Plan Review Inspection Manager Larry Taylor, and Fire Marshal Tim Simanton AGENDA ITEM CALL TO ORDER Mayor Peterson called the meeting to order at 6:30 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Koprowski led the Pledge of Allegiance. Pastor Thor Strandholt of Valor Christian Center gave the invocation. ROLL CALL Town Clerk Herrera called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS 1A. PROCLAMATION - Proclamation declaring the month of January as Speak Up, Stand Up, Save a Life Month. Mayor Peterson read a proclamation declaring the month of January as Speak Up, Stand Up, Save a Life Month and presented the proclamation to Police Chief Michael Soelberg. COMMUNICATIONS FROM CITIZENS None. CONSENT CALENDAR A MOTION was made by Councilmember Anderson, seconded by Councilmember September, to approve Consent Items 1, 1B, 2, 3, 4, 5, 5B, 5C, 6, 6A, and 7; remove Item 1 5A from the Consent Calendar; and add Item 11 to the Consent Calendar, appointing Darin Roberge (Quadrant 1), Steven Mastin (Quadrant 6), and Jeff Hamilton (Quadrant 9) to the Citizens Transportation Task Force, with terms beginning January 19, 2021 and ending after advising is completed on the assigned transportation projects and issues, if no other tasks are assigned by the Council. Motion carried 7-0. 1. CONTRACT – consider approval of expenditures under Contract No. 319000537 (Eden No. 2018-1105-0270) with CDW Government LLC, in an amount not to exceed $75,000 for Microsoft, Varonis, NetMotion, JAMF, Veeam as well as Code42 and K2 software licenses, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 1B. CONTRACT – consider approval and authorize the Mayor to execute the required documents of: a) Pre-Construction Services for Construction Manager at Risk (CM@R) Contract No. 321000115 with Achen-Gardner Construction, LLC in an amount not to exceed $146,058.34 for pre-construction services of the Zone 1 Transmission Main Assessment and Rehabilitation, Project No. WA1546; and b) Architectural/Engineering (A/E) Services for Construction Manager at Risk (CM@R) Contract No. 321000117 with Black & Veatch Corporation in an amount not to exceed $2,031,493 for professional services of the Zone 1 Transmission Main Assessment and Rehabilitation, Project No. WA1546. This item was approved with the Consent Calendar vote. 2. CONTRACT – consider approval of Cooperative Purchase Agreement No. 321000194 with Versaterm Public Safety, Inc., utilizing City of Mesa Cooperative Purchasing Contract No. 2017190, in an amount not to exceed $2,993,866.56 for the Gilbert Police Information System Replacement, Project No. MF2400, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 3. CONTRACT – consider approval and authorize the Mayor to execute the required documents of: a) Purchase of one (1) vehicle utilizing Cooperative Purchase Agreement No. 319000038 with San Tan Ford in an amount not to exceed $61,285; b) Purchase of ten (10) vehicles utilizing Cooperative Purchase Agreement No. 319000032 with Courtesy Chevrolet in an amount not to exceed $576,631; and c) Purchase of one (1) vehicle utilizing Cooperative Purchase Agreement No. 320000014 with WJK Tempe Automotive in an amount not to exceed $29,587. 2 This item was approved with the Consent Calendar vote. 4. CONTRACT – consider approval of Cooperative Purchasing Contract No. 321000213 with Thatcher Company of Arizona, Inc., utilizing City of Tucson/Omnia Partners Contract No. 212528, in an amount not to exceed $120,000 for the Water/Wastewater Treatment Chemicals for Hydrofluorosilicic Acid 23%, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 5. CHANGE ORDER – consider approval of Change Order No. 9 to Contract No. 319000985 with APL Access & Security increasing the contract amount by $15,848.92 for replacing the outdated CCTV NVR Server located at the Gilbert North Water Treatment Plant, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 5A. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS – consider approval of Substantial Amendment No. 2 to the Program Year 2019-2020 Annual Action Plan for Community Development Block Grant (CDBG) Activities in order to re-allocate the returned supplemental funding established by the CARES Act, and authorize the Mayor or her designee to submit the Plan to the US Department of Housing and Urban Development (HUD). Councilmember Yentes provided information on the item, stating it was misunderstood when it was previously heard before the Council. She said that the CDBG funds were already accepted by the Town and explained that it was only a substantial amendment to reallocate the funds so they could get the maximum and best use. She summarized details of the previous designation of the funds and changes, noting her support. A MOTION was made by Councilmember September, seconded by Councilmember Tilque to approve Item 5A. Motion carried 7-0. 5B. FINAL PLAT S19-11 - consider approval of the final plat for Waterston North - Phase 1, located at the northwest corner of Val Vista Drive and Ocotillo Road. This item was approved with the Consent Calendar vote. 5C. 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. 3 6. COUNCIL ADMINISTRATION- consider adoption of revised Council meeting schedule for Calendar Year 2021. This item was approved with the Consent Calendar vote. 6A. BOARDS AND COMMISSIONS – consider acceptance of the resignation of Maisha Hagan from the Redevelopment Commission, effective January 19, 2021. This item was approved with the Consent Calendar vote. 7. MINUTES – consider approval of the minutes of the Regular Meeting of January 5, 2021. This item was approved with the Consent Calendar vote. PUBLIC HEARING Mayor Peterson opened the public hearing for Items 8 and 9. No one wished to speak and Mayor Peterson closed the public hearing. A MOTION was made by Councilmember September, seconded by Vice Mayor Koprowski, to approve public hearing Items 8 and 9. Motion carried 7-0. 8. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Alcohol License for Eatalio Pasta and Wine #2 located at 2540 South Val Vista Drive, Suite 107. This item was approved with the Public Hearing Vote. 9. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Alcohol License for Wingstop located at 4049 East Williams Field Road. This item was approved with the Public Hearing Vote. 10. CODE OF GILBERT - conduct hearing and consider adoption of an Ordinance amending the Code of Gilbert, Arizona, by amending Chapter 10 Buildings and Construction Regulations, Article II Technical Codes, Section 10-31 Adoption of Building Code by adopting amendments to the 2018 International Residential Code, Parts I and II; and Chapter 10 Buildings and Construction Regulations, Article II Technical Codes, Section 10- 37 Adoption of Fire Code by adopting amendments to the 2018 International Fire Code, Parts I, IV, and V related to safety issues associated with residential marijuana grow and extraction facilities. Mayor Peterson opened the public hearing for Item 10. Councilmember Hendrix questioned the goal of the item and discussed how the Town would be notified of violations and enforce the code changes. He discussed the process of extracting oils, ventilation, and the possibility of explosions, asking if the hope was to 4 discourage people from using the services and if people would be likely to ask for assistance to ensure safe processes. He stated he was opposed to Proposition No. 207, but he did not see the benefit of the code amendment, adding he would like to table the item or he would not be supporting it. Plan Review Inspection Manager Taylor was prepared to respond to the questions but there were audio issues. Fire Marshal Simanton stated the purpose behind the amendments was to reinforce the Code and to help ensure safe operations. He discussed the residential code which covers the residential portion of construction without provisions for hazardous materials and industrial operations. He stated the provisions for extraction were more for industrial operations, adding there needed to be something in place to show the residential code use was not the appropriate place for these processes. Councilmember Hendrix discussed that people would be unlikely to make a call for help with these processes. Fire Marshal Simanton responded he could not know if people would call, but provisions could be put in place for those who do; he spoke of being in violation of code compliance. Councilmember Hendrix stated State law already prohibited many of the things in the code amendment and it would be duplicitous. He restated that he did not support Proposition No. 207 but said it was State law that passed, adding there were some minimum level of property rights that we all enjoy and want to retain. At the request of Councilmember Yentes, Town Attorney Payne outlined the details of Proposition No. 207 which was passed by the voters. Councilmember Yentes acknowledged the concerns of Councilmember Hendrix regarding property rights and potential unenforceability, but stated any area that allowed for legal regulation should be taken advantage of. Mayor Peterson discussed the need to have enforceable regulation in the Town Code if complaints were received. She stated that it could be construed as a personal issue but it was not intended to be that way. She discussed companies who may be helping residents set up their plants in their homes, adding those companies would be looking at the guidelines within the Town Code and she wanted to be ahead of those efforts. Councilmember Anderson stated he did not view this item differently than other items in the Town Code, adding most code issues were enforced after a complaint was issued. He said he felt strongly about property rights but also acknowledged the extension of those rights to neighbors. He stated the Code was intended to protect everyone’s property rights. Mayor Peterson closed the public hearing for Item 10. A MOTION was made by Councilmember September, seconded by Councilmember Yentes, to approve public hearing Item 10. Motion carried 6-1, with Councilmember Hendrix casting the dissenting vote. Ordinance No. 2788 was adopted. 5 ADMINISTRATIVE ITEMS 11. BOARDS AND COMMISSIONS – consider appointment of three members to the Citizens Transportation Task Force with terms beginning January 19, 2021 and ending after advising is completed on the assigned transportation projects and issues, if no other tasks are assigned by the Council. This item was approved with the Consent Calendar vote. Darin Roberge (Quadrant 1), Steven Mastin (Quadrant 6), and Jeff Hamilton (Quadrant 9) were appointed to the Citizens Transportation Task Force, with terms beginning January 19, 2021 and ending after advising is completed on the assigned transportation projects and issues, if no other tasks are assigned by the Council. 12. 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 Councilmember Yentes discussed the work of the Subcommittee on the AZ Cares Act, stating the group recently held a meeting with the intention of revisiting the business grant relief portion. She summarized the applicants, approvals, and awarded amounts. She discussed a survey of the participants, responses received, and reasons for denial, adding the grant qualification modifications were to respond to some of the feedback from the business community. She noted the decision to raise the requirement for gross revenue from $5,000,000 to $15,000,000 and shift qualifications to help businesses who had experienced a 15% decline, expanding to any businesses who experienced a decline based on either gross revenue or gross profit, explaining the rationale was due to a great deal of supply chain challenges that had squeezed their profit margins. She said those businesses that did not receive the maximum could go back to put in additional information to see if they could receive more assistance. She said there would be a reopening for new applicants as well as first-round applicants who did not maximum their award amount. 6 Mayor Peterson said she appreciated the Subcommittee revisiting this process after receiving feedback from the businesses, adding the Subcommittee did an excellent job. Councilmember Anderson discussed the Tourism Advisory Group, stating there was reason to be optimistic regarding tourism and that numbers were starting to turn. He discussed a rise in figures after a tremendous hit, adding the new Holiday Inn Express on Power Road that would be opening soon. He said the Town was looking at some great recovery. POLICY ITEMS None. FUTURE MEETINGS There was no discussion. COMMUNICATIONS Report from the TOWN MANAGER on current events. Town Manager Banger congratulated Sergeant Jim Lahti on his retirement after 29 years with the Gilbert Police Department and wished him luck. He said Sergeant Lahti worked numerous assignments throughout his career, noting he led the bike team in the Heritage District for the last three years and was instrumental in creating a safe environment there. Report from the COUNCIL on current events. There were no reports. Report from the MAYOR on current events. Mayor Peterson stated she was happy to be back on the dais and looked forward to working with everyone. She discussed providing the Council with a guide to Robert’s Rules of Order and thanked them for their recent meetings with her. She discussed the Council liaison list for boards, commissions, and committees and the additional updates needed. ADJOURN Mayor Peterson adjourned meeting at 7:07 p.m. ATTEST: ___________________________ ___________________________________ Brigette Peterson, Mayor Chaveli Herrera, MMC, Town Clerk 7 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 19th 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 8