Council Regular/Special Meeting

Council Meeting Agenda April 6, 2021 Members may attend in person or by telephone. Brigette Peterson, Mayor ● Yung Koprowski, Vice Mayor Scott Anderson ● Laurin Hendrix ● Scott September ● Kathy Tilque ● Aimee Yentes Regular Meeting 6:30 PM Municipal Center I, 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. Your Town Council is very appreciative of the honor to serve. In performing our roles and functions, we use iPads and/or laptops at our meetings as well as monitors on the dais, which contain the materials of the agenda items before us this evening. If you notice our eyes on these electronic devices, it is not due to lack of attentiveness to speakers, as we are actively listening to all who are speaking and at the same time following along in our packets that the staff has prepared for us this evening. Upon a public majority vote of a quorum of the Town Council, the Town Council may hold an executive session for legal advice on any item listed on this agenda pursuant to A.R.S. § 38-431.03(A)(3). This notice is given pursuant to A.R.S. § 38-431.02. Executive Session will be held at the end of the Council Meeting ADDENDUM PRESENTATIONS; PROCLAMATIONS 2A PROCLAMATION - Proclamation declaring April 10-16, 2021 as Week of the Young Child. CONSENT 5A CONTRACT – consider approval of Task Order No. 21 to Job Order Contract (JOC) Contract No. 319001049 with Talis Construction Corporation in an amount not to exceed $156,890 for the Heritage District Passenger Loading Zones, Project No. RD2263 and authorize the Mayor to execute the required documents. 5B CONTRACT – consider approval of expenditures under Contract No. 321000015 with Ewing Irrigation Products, Inc. in an amount not to exceed $225,000 for controller  upgrades, Project No. PR1170, and authorize the Mayor to execute the required documents. 5C CONTRACT – consider approval of: a) Task Order No. 22 to Job Order Contract (JOC) Contract No. 319001049 with Talis Corporation, Inc. in an amount not to exceed $1,091,943.80 for Recker Road- Ray Road to SR202 Improvements, Project No. ST0960, and authorize the Mayor to execute the required documents; and b) Contingency Transfer from the CIP Contingency Fund in the amount of $1,200,000 with MAG Revolving Fund as the designated funding source. 6A CHANGE ORDER – consider approval of Change Order No. 2 to Contract No. 319000444 with Trane US, Inc. increasing the contract amount by $155,708 for HVAC Repair/Replacement at the Southeast Regional Library and authorize the Mayor to execute the required documents. 6B CHANGE ORDER – consider approval of Change Order No. 1 to Contract No. 319000101 with Proforce Law Enforcement increasing the contract amount by $112,264.04 to purchase varied modeled Glock Pistols, associated Safariland Holsters and credit for the G22 trade, and authorize the Mayor to execute the required documents. 7A BUDGET – consider approval of a Contingency Transfer from the Environmental Compliance Contingency Fund in the amount of $167,380 for repairs to various stormwater infrastructure items. RECESS REGULAR MEETING AND RECONVENE IN EXECUTIVE SESSION a) Pursuant to A.R.S. §§ 38-431.03(A)(3), (4), and (7), legal advice from the Town Attorney and discussion and consultation with Town representatives concerning the development agreement for the sale of land near the southwest corner of Gilbert and Juniper Roads; and b) Pursuant to A.R.S. § 38-431.03(3), (4), and (7), legal advice from the Town Attorney and discussion and consultation with Town representatives concerning the disposition of land located on the northwest corner of Gilbert and Elliot Roads; and c) Pursuant to A.R.S. §§ 38-431.03(A)(3), (7), legal advice from the Town Attorney and discussion and consultation with Town representatives concerning the sale of land west of Greenfield Road between Walnut Road and Twin Acres Court. ADJOURN EXECUTIVE SESSION AND RECONVENE REGULAR MEETING Meeting Access Due to the ongoing impacts of the COVID-19 pandemic, which have prompted declarations of a public health emergency at the local, state, and federal levels, members of the public will either be able to attend Town Council meetings in person or participate remotely. The number of people allowed in the Council Chambers will be limited to ensure physical distancing as required by the Governor’s Stay Healthy, Return Smarter, Return Stronger Executive Order (E.O. 2020- 36) and as recommended by both the Centers for Disease Control and the Arizona Department of Health Services. Admittance to the Council Chambers will be on a first come, first served basis. Anyone who arrives after the Council Chambers is at capacity will be able to participate in the public meeting in the lobby or elsewhere via one of the various remote options. Members of the public attending these meetings in person will be required to wear a face covering as mandated by Maricopa County pursuant to its order dated June 19, 2020. For any members of the public who decide to participate in the public meeting in the lobby, a staff member will ask whether anyone wishes to address the public body both prior to the Communications from Citizens agenda item and prior the Public Hearing agenda item. Those members of the public in the lobby wishing to address the public body, if any, will then be escorted into the Council Chambers one by one and will be given the opportunity to address the public body. Please be aware that these measures are in place to limit the need for members of the public to participate in a large public gathering, while ensuring that the discussions, deliberations, and actions taken in public meetings in the Town of Gilbert are transparent and conducted openly in compliance with Arizona law. For those who do not wish to attend in person, the public will also be able to fully participate in public meetings remotely through various technological means, as permitted under Arizona law. Additionally, items on agenda may be shortened, continued to a future public meeting, or taken out of order. Moreover, participants will be allotted a limited amount of time to speak at public meetings (the exact amount of time will be determined at the meeting by the Mayor depending on the number of participants, as permitted by Town Code and state law). Remote Viewing For those who want to view Town Council meeting without attending in person or addressing the public body, the meeting will be broadcast on Cox Channel 11 (for Gilbert residents with cable service) and a live stream of the meeting will be broadcast online at https://gilbertaz.gov/gilbertlive. These meeting are also recorded and available for view anytime on the Gilbert Live website. In addition, the Town has made a number of resources available that would allow the public to address the public body remotely during public meetings. Any member of the public who wishes to address the public body at Town Council meetings can choose any of the following options: Email Members of the public who wish to address the Town Council by email will need to send their comments to councilmeeting@gilbertaz.gov no later than 5 p.m. the day before the Town Council meeting. All emails received by this deadline will be distributed to members of the public body for their review and consideration, (and not read aloud at the meeting). Emails sent after this 5 p.m. deadline will not be distributed to members of the public body or read aloud at the meeting. In the email, please identify your name, city/town of residence, and either state that your comment pertains to the Communications from Citizens section of the public meeting or identify the particular Public Hearing item that your comments concern. Online Comment Card By 12 p.m. the day of the Town Council meeting, submit an online public comment card and indicate whether you are for or against the public hearing item. Online comment cards not submitted by the deadline will not be read at the meeting. Listening Via Conference Line/Addressing the Public Body Telephonically A conference line will be available in order to listen to Town Council meetings if you are not able to view the meetings on Cox Channel 11 or on the Gilbert Live website. The conference line number and access code are listed below: +1-415-655-0001 Access code: 133 773 2833 WebEx Online Meeting Platform Members of the public, applicants, and Town staff will also have the availability to participate in Town Council meetings via WebEx in order to address the Town Council and give presentations during the Communications from Citizens and the Public Hearing sections of the meeting. If you would like to address the public body via the WebEx platform, you must register for the public meeting by 12 p.m. the day of the Town Council Meeting and note which item(s) you will be speaking on. WebEx registration links will be available on the published agendas. Pre-registration allows Town staff to have your information ahead of time and ensure that you are called on at the appropriate time. The WebEx registration link is: https://gilbertaz.webex.com/gilbertaz/onstage/g.php?MTID=e6747c6bda1fec8b8bbabd281e03cb fc7 If you have any issues accessing the WebEx platform, the link to WebEx technical support is below.  WebEx Technical Support (1-866-229-3239) PLEASE NOTE: The following conference line below will only be utilized if the above-mentioned WebEx link and toll- free number become unavailable or if issues occur with the WebEx platform. This link will be operational within 15 minutes of WebEx becoming unavailable. We encourage all residents who wish to participate in the Council Meeting to pre-register for both platforms. Microsoft Teams Online Meeting Platform The Microsoft Teams link is: Join Microsoft Teams Meeting (BACKUP ONLY) If you have any issues joining the Microsoft Teams platform, the link to Microsoft technical support is below. Joining Microsoft Teams 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 Thor Strandholt of Valor Christian Center ROLL CALL PRESENTATIONS; PROCLAMATIONS 1 PROCLAMATION - Proclamation declaring April 5-11, 2021 as Gilbert Water Professionals Appreciation Week. 2 PROCLAMATION - Recognizing the 2020 Water Wise Gilbert Honorees 3 PROCLAMATION - Proclamations that were issued and not presented during a Council meeting are as follows: Proclamation declaring May 1, 2021 as Global Love Day. 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 INTERGOVERNMENTAL AGREEMENT – consider adoption of a Resolution approving Intergovernmental Agreement No. 321000293 with the Town of Queen Creek for the delivery of reclaimed water and authorize the Mayor to execute the required documents. 5 CONTRACT– consider approval of the guaranteed maximum price (GMP) No. 1 to Contract No. 321000312 with Achen-Gardner Construction, LLC in an amount not to exceed $782,613.84 for the Zone 1 – Transmission Main Assessment and Rehabilitation, Project No. WA1546, and authorize the Mayor to execute the required documents. 6 CHANGE ORDER – consider approval of: a) Change Order No. 1 to Contract No. 321000119 with Salt River Project (SRP) increasing the contract amount by $17,559.96 for the Recharge/Recovery at Gilbert Riparian- Eastern Canal and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the Wastewater Contingency Fund to the Wastewater Operating Fund in the amount of $17,560. 7 BUDGET – consider approval of a Contingency Transfer from the General Fund to Police  General Fund in the amount of $79,233 for the purchase of Axon Respond, a body worn camera software enhancement. 8 PARKWAY IMPROVEMENT DISTRICT – consider publicly declaring bids for Parkway Improvement District for FY20-21; reject all bids but the bid of the lowest and best responsible bidder; waive clerical errors; and award contracts for the work and authorize the Mayor to execute the required documents as follows: a) Contract No.321000254 with Miko LLC in the amount of $16,010 for work in Parkway Improvement District (PKID) No. 07-011 Cassia Place. 9 PARKWAY IMPROVEMENT DISTRICT – consider finding no written notices objecting to the acts of proceeding were filed with Gilbert pursuant to A.R.S. 48-584 (E) within 15 days of the publication of the notice of award of the contract for FY2021-22 improvements in Parkway Improvement District PKID 07-04 and PKID 07-09, and authorize the Mayor to execute the required documents as follows: a) Contract No. 321000212 with Sonrisa Landscaping Management 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. 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. 10 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 POLICY ITEMS 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. 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.