Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF THURSDAY, FEBRUARY 25, 2021 AT 6:00 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, Kathy Tilque, and Aimee Yentes COUNCIL ABSENT: Councilmember Scott September STAFF PRESENT: Town Manager Patrick Banger, Town Clerk Chaveli Herrera, Deputy Clerk Judy Martinez, Town Attorney Christopher Payne, Senior Project Manager Jason Montgomery, Town Engineer David Fabiano, and Wastewater Manager Ken Snow AGENDA ITEM CALL TO ORDER Mayor Peterson called the meeting to order at 6:01 p.m. ROLL CALL Town Clerk Herrera called roll and declared a quorum present. ADMINISTRATIVE ITEMS 1. COUNCIL ADMINISTRATION - Discussion with the public on the Concrete Pipe Gravity Sewer Rehab Project, Project No. WW1060, including, to the extent necessary to provide context, discussion of the anticipated rehabilitation/relocation/replacement of the existing reclaimed water line and the potable water supply line which are also located along the same general alignment Mayor Peterson noted the topic of the project and discussed the expected format and decorum of the study session. Senior Project Manager Montgomery provided a presentation about the project. He outlined the location of the Western Corridor, the project timeline, rehabilitation approach, project solutions, and proposed project scope. He discussed the three critical pieces of infrastructure in the Western Corridor including the 36” sewer line, 18” reclaimed water line, and 24” potable water line. He discussed the Salt River Project (SRP) Facilities and noted the critical nature of the corridor. He discussed the acquiring of easements in the past in specific areas and provided the project timeline. Manager Montgomery summarized the rehabilitation approach options of bypass, spot repair, Manhole (MH) Rehab, and Cured In Place Pipe (CIPP). He outlined numerous 1 criteria and solutions and summarized the goals of improving infrastructure reliability, increasing access, reducing present impact to landowners, the future impact to landowners, best value, and plan for the future. He discussed the three proposed solutions of manhole access, relocation, and in-place, showing if each option met those goals. He stated the in-place solution was the optimal one to proceed with the project for the following reasons: it increased visibility and access to critical infrastructure, was a three- phased rehabilitation/replacement effort, accommodated future replacement efforts, constrained the Western Canal Corridor, mitigated ongoing and future conflict, and provided a safe and reliable utility service to the community. Deborah Coons, Gilbert resident, discussed the danger of the power lines and how they had increased since she bought her home. She asked why Salt River Project (SRP) did not bury the powerlines and pipe in the ditches. She discussed irrigation and safety, adding she believed SRP would support the Town burying those lines. Town Engineer Fabiano responded that the land was owned by the Bureau of Reclamation, managed by SRP, and was called USA Fee Land. He said there were additional challenges and obligations that existed there, but the Town had spoken with SRP regarding this land. He said the piece of the canal from Lindsay Road to Gilbert Road was designated a historic structure by the Bureau of Reclamation and was desired to be left as an open canal. He said it was a complicated situation and there were many obstacles, adding the Town was sympathetic to Ms. Coon’s concerns but it was not within the Town’s ability or control. Leslie Nowak, Gilbert resident, asked if the same presentation given to the group that night was presented to Council before and how much wisdom was known prior to the vote of the project. Mayor Peterson stated the presentation the Council voted on in November 2020 was for a contract and the same presentation was not given in November. Mayor Peterson reiterated that the vote in November was the vote for the contract to hire the consultant to move forward with that portion of the project. Town Engineer Fabiano provided clarification on the items being voted on in November and stated a resolution for the land acquisition to occur was included and authority was given to the staff to begin negotiation for the land acquisition. Donna Lucchesi, Gilbert resident, completed a request to speak form but chose not to speak. Omar Hameed, Gilbert resident, stated he thought the meeting was to speak to the Councilmembers and not to the bureaucrats. He said they received the same presentation previously. He discussed the year of COVID-19 and then receiving notification of acquiring their land during the Christmas holiday. Tom Patterson, Gilbert resident, asked about the total cost to replace the 36” inch pipe and said it did not reduce future impact. He said he did not see how their backyards were not providing enough access. Senior Project Manager Montgomery shared the cost to rehabilitate and discussed the all-inclusive construction costs, but said land acquisition costs were not included since that part had not been completed. Town Engineer Fabiano 2 asked Mr. Patterson for clarification on the question and discussed the reconstruction, scope, and future activities. Mr. Patterson said the costs listed were deceiving. Manager Montgomery discussed the higher cost estimates and provided clarification on the relocation of the lines. Brian Tussiny, Gilbert resident, asked if the project was in place in 2017 why was it not mentioned during the home-buying process. Town Engineer Fabiano discussed the process and difficulty in Capital Improvement Plan (CIP) projects, adding this project was analyzed to reduce impact but there was no choice for the utility infrastructure to remain functional. Michael Lewis, Gilbert resident, said the first option was going to have the least amount of land acquisition, to which Planner Montgomery affirmed. Mr. Lewis asked why that option was not given more credibility. Town Engineer Fabiano said a visual assessment was done in 2017 by use of camera and discussed the findings of erosion and degradation of piping and manholes; he discussed the need for spot repairs and manhole rehabilitation, noting uncertainty. Wastewater Manager Snow provided clarification on the lifespan of sewer concrete lines and pipelines, stating the Town was now ahead of the failure. Mr. Lewis talked about the option of putting them under roads. Engineer Fabiano discussed the limitations with gravity sewer lines. Char Hawkins, Gilbert resident, asked why the Town could not remove the walls, do the repairs, and put the walls back up. She asked why a storage unit was exempt. Town Engineer Fabiano talked about the need to remove walls to allow for space and how the walls would need to be brought down again in the future. Wastewater Manager Snow discussed operational concerns and the need for advanced coordination efforts. Manager Snow stated the operation would require bringing a commercial vehicle to the manhole for access, adding it was a cumulative effect and would delay or deny the ability to respond to the system’s needs. Engineer Fabiano said the storage unit was not exempt and discussed the possible need to acquire that property for access in the future, noting a need for more discussion on that property based on information provided by SRP. Rick Lucchesi, Gilbert resident, completed a request to speak form but chose not to speak. Greg Davis, Gilbert resident, asked if the lining was a Class Four. Wastewater Manager Snow said the design had not been completed to verify the class and discussed when a class was specified. Mr. Davis said if there was no obstruction the pipe could still be lined even if the crown was gone. Manager Snow discussed curing of the liner and talked about issues, concerns, and the higher risk operation with a limited window to work, adding the best practice was to do the spot repair for a smooth transition and to mitigate risk. Mr. Davis discussed the eight-foot requirement of walls and costs. Engineer Fabiano said the land acquisition costs were not in the shared estimates; he discussed reliability issues, degradation concerns, and reducing the potential for system breaks. Mr. Davis said there was technology out there that would not require the pipes to be dug up. Manager Montgomery said another element to relocating the utilities from behind the walls was visibility to monitor issues like leaks and blockages. Mr. Davis said of the 33 manholes in the project, only three could not be seen. Engineer Fabiano discussed how it was a different environment when it was constructed and there were 30,000 residents at that 3 time. Manager Montgomery stated he would like to set up a meeting with staff and Mr. Davis. Julia McCleve, Gilbert resident, stated she was confused about the purpose of the meeting as she had seen the information before, adding she did not want to lose her backyard. Victor McCleve, Gilbert resident, asked if the sewer problem could be fixed with the existing easements. Senior Project Manager Montgomery stated the easement was adequate to rehabilitate the existing sewer in place, requiring demolition of the walls and obstructions within that easement, adding it did not increase access to those facilities. Mr. McCleve asked if it was not believed that the existing homeowners would give what was needed to accomplish the goal. Town Engineer Fabiano said the Town understood the gigantic impact but there were impacts no matter what, such as “gigantic long snakes” and walls coming down; he said the impacts would happen but the goal was to come up with agreements so that conflicts were removed and the Town owned 100% of the problem and liability. Mr. McCleve said the presentations did not touch on the concerns of the property owners. Engineer Fabiano and Manager Montgomery discussed the criteria which included the current and future impacts to property owners. Mr. McCleve discussed the General Plan that was designed for 250,000 people, stating the staff at the time made the decisions based on that knowledge. Engineer Fabiano discussed the details and intentions of the original easements, noting natural encroachments into those easements which should have never been allowed. Mr. McCleve asked if there was a policy against condemning property. Engineer Fabiano stated the power of eminent domain was used when necessary and not something the Town could surrender, noting that there were efforts to negotiate reasonable settlements first. Mr. McCleve asked about the intent to put a landscape easement there. Engineer Fabiano stated there was not an intent to put a landscape easement there; he said there was an existing canal service road that SRP owned and that Maricopa Association of Governments (MAG) did a study of the area to consider making that a better area for multi-use. Mr. McCleve addressed how taking away the rights of an individual took away the rights of everyone, and he thanked the Town for the courtesy he received from staff. Councilmember Yentes asked why the Town would require a mason wall to be built. Town Engineer Fabiano stated he did not know. Senior Project Manager Montgomery stated he did not have the knowledge of why it was required back then. Stacy Adams, Gilbert resident, asked if the sewer line went underneath the storage facility. Town Engineer Fabiano said the sewer line did run underneath the parking and dry vial of the storage facility. Ms. Adams asked for confirmation that the MAG grant was not affiliated in any way with the success of the project, to which Engineer Fabiano affirmed. Ms. Adams complimented Manager Montgomery but stated there were about $2,000,000 in discrepancies with the numbers provided and asked the Council to reconsider the vote. Wastewater Manager Snow stated the cooperation of the residents over the past thirty-six years had been key to the success of the north side of Gilbert and the line could not have been maintained for so long without their assistance. He discussed previous processes and coordination with residents. 4 Senior Project Manager Montgomery apologized for being long-winded but said he wanted to tell the story of the product development and how the situation came to be. He said he appreciated everyone’s time and offered assistance for additional questions. Town Engineer Fabiano stated he wished there was a better answer, adding the Town had challenged the consultant team and SRP many times. He apologized for the difficulty it was causing the homeowners but said they Town needed to take care of the whole of the community. He discussed the service needs and vital lines for the project. Tom Patterson, Gilbert resident, approached the podium again. He talked about access and cost efficiency. Town Engineer Fabiano said walls would need to come down regardless and putting walls back up in the same spot would not be prudent. Engineer Fabiano stated the Town would continue to maintain the pipes, that none of the pipes would last forever and the pipes were arteries of the Town and critical. Mr. Patterson asked about the eight-foot wall and where it would go. Engineer Fabiano stated it would go back at the property line and there would not be walls in areas that previously had walls. Councilmember Anderson thanked everyone for participating. He asked why 230 and 500 kilovolt lines were not generally buried. Engineer Fabiano stated it was physically possible but extremely expensive; he said SRP was the owner of those facilities and said they had expressed an unwillingness to even entertain the idea. Vice Mayor Koprowski said she appreciated the open dialogue. She discussed the difficulty in fixing and addressing the situation and said she hoped the conversations helped everyone understand why it was so important and vital. She thanked those in attendance and Town staff for their thoughtful questions and evaluating options. Omar Hameed, Gilbert resident, stated Option C was bad for homeowners. He said there would be a lot of negative publicity and it they would end up going to attorneys, adding the fourth option of working with homeowners was not being considered. Deborah Coons, Gilbert resident, addressed the danger of powerlines. She said before her property was taken she was going to ask her neighbors who were exposed to powerlines to revisit exposure and put pressure on SRP. She talked about her willingness to remove her barns if it helped others and said they would be willing to build gates. She said her property was of more value than the cost to build fences. Mayor Peterson said SRP was a completely differently entity. She thanked everyone for coming out and said it was not an easy decision for anyone. She noted the Council could not control what happened in 1985 or since then, or what had been done on their land. She noted she was not there just to plan for the next four years but was there to plan for the future. She said technology changed with time and everything done by the Town was taken seriously, noting the expertise needed by Town staff. She thanked everyone for coming out, adding said she looked forward to working with them as they moved forward as a community. She noted her appreciated for kindness and courtesy. 5 ADJOURN Mayor Peterson adjourned the meeting at 8:06 p.m. ATTEST: ___________________________ ___________________________________ Brigette Peterson, Mayor Chaveli Herrera, MMC, Town Clerk 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 25th day of February, 2021. I further certify that the meeting was duly called and held and that a quorum was present. Dated this _________ day of February, 2021. ___________________________________ Chaveli Herrera, MMC, Town Clerk 6