Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF TUESDAY, MAY 04, 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, Parks and Recreation Business Manager Rocky Brown, Economic Development Director Dan Henderson, Town Engineer David Fabiano, Assistant Fire Chief Bob Badgett, and Management and Budget Director Kelly Pfost AGENDA ITEM CALL TO ORDER Mayor Peterson called the meeting to order at 6:38 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Tilque led the Pledge of Allegiance. Pastor Shea Ferguson of Freedom Life Church gave the invocation. ROLL CALL Town Clerk Herrera called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS 1. PRESENTATION- Presentation to the Gilbert Sister Cities Board scholarship recipients. Councilmember Tilque, Gilbert Sister Cities President Greg Tilque, and Mayor Peterson presented a ceremonial check representing a one thousand-dollar scholarship to Youth Ambassadors Brecken Morris, Christopher Dean, and Kade Seegmiller in lieu of their scheduled trips to Ireland and China. The Youth Ambassadors introduced themselves and discussed their future plans. Mayor Peterson congratulated the recipients and wished them well. 2. PRESENTATION - Annual report presentation by the Gilbert Historical Society doing business as (dba) HD South. 1 Parks and Recreation Business Manager Brown introduced President of HD South Denise Lopez. She discussed the accomplishments, programming, and goals of the organization, including fundraising and the online auction and raffle. She thanked Mayor Peterson for donating two “Shadow the Mayor” auction prizes. She talked about programs and events, limited schedules, visitor statistics, and volunteers. She discussed community opportunities and the HD South expansion. 3. PROCLAMATION - Proclamation declaring the week of May 2-9, 2021 as Municipal Clerks Week. Vice Mayor Koprowski read a proclamation declaring the week of May 2-9, 2021 as Municipal Clerks Week and presented the proclamation to Town Clerk Chaveli Herrera. 4. PROCLAMATION - Proclamation declaring the week of May 2-8, 2021 as National Travel and Tourism Week and the week of May 9-15, 2021 as Economic Development Week. Councilmember September read a proclamation declaring the week of May 2-8, 2021 as National Travel and Tourism Week and the week of May 9-15, 2021 as Economic Development Week and presented the proclamation to Economic Development Director Dan Henderson. 5. PROCLAMATION - Proclamation declaring the week of May 16-23, 2021 as National Public Works Week. Councilmember Hendrix read a proclamation declaring the week of May 16-23, 2021 as National Public Works Week and presented the proclamation to Town Engineer David Fabiano. Engineer Fabiano thanked the Public Works Team. COMMUNICATIONS FROM CITIZENS Deborah Coon, Gilbert resident, introduced her daughter Christy and talked about the “land grab”, asking the Council not to take their land. She discussed utilizing their yard for her daughter’s therapy with their horses. Tom Patterson, Gilbert resident, discussed prior permission given by the Town to extend their property walls as long as access gates was provided. He stated he was not encroaching on Town land, it was an invasion of their privileges as land owners, and discussed rallies and the protection of their rights. Mary Ellen Fresquez, Gilbert resident, discussed the process of communication between citizens and appointed officials. She said she would be speaking at an upcoming Planning Commission meeting and had emailed staff members regarding concerns. She spoke of the lack of time to process public comments before the Commissioners vote on an item. Chris Lineberry, Gilbert resident, discussed a recent event resulting in a death at a group home near his residence and threats to his home and his family. He asked the Council to strengthen the 2 Town’s zoning ordinances to indicate that individuals convicted of violent crimes are prohibited from residing in behavioral health facilities located in residential areas and may not reside within certain distances from schools. Nicki Reber, Gilbert resident, discussed the San Tan Adventure Park Project near Cottonwood Crossing and the disruption to her life with ambient noise. She asked the Council to consider the noise disruption if the go-kart project was approved. Sue Donovan, Gilbert resident, spoke in support of the residents of the Cottonwood Crossings and Greenfield Lakes neighborhoods. She discussed the nearby dog park, outdoor recreation, and human and canine socialization. She discussed concerns with the San Tan Adventure Park Project, go-karts, and effects to neighboring residents. She said it was the duty of elected officials to act in the best interest of residents and urged the Council to reconsider. Charlie Girard, Gilbert resident, provided a handout to Council and outlined findings from his last presentation. He summarized results from his research concerning the San Tan Adventure Park and noise studies. Dean Christensen, Gilbert resident, spoke about the San Tan Adventure Park, adding the Town was complacent or deceiving in the details of the project. He said no sound impact study was conducted, go-karts were buried deep in the lease as a possible use, and played audio of noise from a go-kart track as an example. Sandra Nosel, Gilbert resident, discussed the San Tan Adventure Park and outlined the background of the project. She spoke of noise, emissions, and effects on neighborhoods with a gas-powered go-kart track, including safety concerns like cancer as a result of underground gasoline storage and issues with noise. CONSENT CALENDAR A MOTION was made by Councilmember Anderson, seconded by Councilmember Tilque, to approve Consent Items 6, 6A, 7, 8, 9, 10, 10A, 11, 12, 14, 14A, 15, 16, 17, 18, 18A, and 19; and remove Items 8A and 13 from the Consent Calendar. Motion carried 7-0. 6. CONTRACT – consider approval of Architectural/Engineering (A/E) Services Contract for Construction Manager at Risk (CM@R) Contract No. 321000153 with EPS Group, Inc. in an amount not to exceed $1,116,565 to provide professional architectural and engineering services to the Ocotillo Road – 148th to Greenfield project, Project No. ST0990, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 6A. AGREEMENT - consider approval of renewal of Water Storage Agreement No. 2012- 4108-0036 with Central Arizona Water Conservation District (CAWCD) for the storage of up to 25,000 acre-feet of water per year for Phase 1 and up to 56,500 acre-feet of water per year for 3 Phase 2 at the Superstition Mountains Recharge Project and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 7. CONTRACT – consider approval of Software and Services Contract No. 321000329 with Hexagon, in an amount not to exceed $310,147 for annual support and maintenance, iDispatcher Subscription, and the Microsoft SQL licensing upon approval of FY2022 budget; and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 8. CONTRACT – consider approval of an Office/Warehouse Lease Agreement Contract No. 321000347 for the lease of an office/warehouse space for the Gilbert Police Department and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 8A. CONTRACT – consider approval of Software and Services Contract No. 321000150 with ImageTrend in an amount not to exceed $166,096 for replacement of Gilbert Fire Department record management system (RMS) and electronic patient care reporting (EPCR) software and authorize the Mayor to execute the required documents. Councilmember Tilque asked for clarification on the costs associated with the item. Assistant Fire Chief Badgett provided clarification on the costs. A MOTION was made by Councilmember Tilque, seconded by Councilmember September, to approve Item 8A. Motion carried 7-0. 9. CHANGE ORDER – consider approval of Change Order No. 1 to Cooperative Purchasing Contract No. 319001082 with Devau Human Resources, increasing the contract amount by $132,000 to add an Emergency Management Coordinator position and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 10. CHANGE ORDER – consider approval of Change Order No. 4 to Contract No. 321000135 with Arizona Proclean Empire increasing the contract amount by $76,808.32 for Town-wide Custodial services and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 10A. CHANGE ORDER – consider approval of Change Order No. 3 to Contract No. 321000051 with DBA Spinitar, increasing the contract amount by $26,234.11 for audio and visual equipment and services and authorize the Mayor to execute the required documents. 4 This item was approved with the Consent Calendar vote. 11. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS – consider approval of: a) Substantial Amendment No. 3 to the Program Year 2019-2020 Annual Action Plan for Community Development Block Grant (CDBG) Activities, and authorize the Mayor or her designee to submit the Plan to the US Department of Housing and Urban Development (HUD); and b) a Contingency Transfer from the CIP Contingency Fund in the amount of $1,125,188 with CDBG-CV3 funds as the designated funding source in FY2021 and FY2022. This item was approved with the Consent Calendar vote. 12. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS – consider approval of the following subrecipient contracts in support of public services and authorize the Mayor to execute the required documents: a) Contract No. 321000336 with AZCEND in the amount of $105,374; b) Contract No. 321000337 with AZCEND in the amount of $120,000; c) Contract No. 321000342 with Rebuilding Together Valley of the Sun in the amount of $175,000; and d) Contract No. 321000343 with Save the Family in the amount of $218,000. This item was approved with the Consent Calendar vote. 13. CAPITAL IMPROVEMENT PLAN —consider adoption of the Town of Gilbert FY 2022-2031 Capital Improvement Plan (CIP). Councilmember Yentes stated she was generally supportive of the majority of the CIP document; however, she had a concern regarding the CIP’s totality tied with the budget, proposed transportation bond, levy, and property tax. She noted concerns with the crime lab and projects embedded with the transportation bond, adding she would not be supporting the item for those reasons. A MOTION was approved by Councilmember September, seconded by Councilmember Anderson, to approve Item 13. Motion carried 6-1, with Councilmember Yentes casting the dissenting vote. 14. BUDGET – consider approval of Contingency Transfer in the total amount of $156,930 for the claim settlements incurred for the period of January 1, 2021 to March 31, 2021 from: 5 a) the General Fund in the amount of $53,970; b) the Streets Fund in the amount of $93,080; c) the Water Operating Fund in the amount of $570; d) the Environmental Services- Residential Fund in the amount of $2,080; e) the Environmental Services- Commercial Fund in the amount of $580; and f) the Environmental Compliance Fund in the amount of $6,650. This item was approved with the Consent Calendar vote. 14A. 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 improvements in Parkway Improvement District 07-11 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 PKID No. 07- 11 Cassia Place. This item was approved with the Consent Calendar vote. 15. FINAL PLAT DR19-143 - consider approval of the final plat for Bungalows on Ash located on the northeast corner of Gilbert Road and Ash Street. This item was approved with the Consent Calendar vote. 16. FINAL PLAT DR20-33 -consider approval of the final plat for UND Aerospace Foundation Development located at the northwest corner of Somerton Boulevard and Williams Field Road. This item was approved with the Consent Calendar vote. 17. FINAL PLAT DR19-193- consider approval of the final plat of Higley Self Storage located at the northeast corner of Higley Road and the SR202 freeway. This item was approved with the Consent Calendar vote. 18. BOARDS AND COMMISSIONS - consider the acceptance of the resignation of Ryan Hamilton from the Redevelopment Commission effective May 4, 2021. This item was approved with the Consent Calendar vote. 6 18A. BOARDS AND COMMISSIONS – consider acceptance of the resignation of Victor Mai from the Veterans Advisory Board, effective May 4, 2021. This item was approved with the Consent Calendar vote. 19. MINUTES – consider approval of the minutes of the Regular Meeting of April 20, 2021, Special Meeting of April 8, 2021, and Study Session of April 20, 2021. This item was approved with the Consent Calendar vote. PUBLIC HEARING Mayor Peterson opened the Public Hearing for Items 20, 21, 22 and 22A. No one wished to speak, and Mayor Peterson closed the public hearing. A MOTION was made by Councilmember Tilque, seconded by Councilmember September, to approve Public Hearing Items 20, 21, 22 and 22A. Motion carried 7-0. 20. LIQUOR LICENSE – conduct hearing and consider approval of a Series 10 Beer and Wine Alcohol License for Valero #404 located at 784 North McQueen Road. This item was approved with the Public Hearing Vote. 21. ZONING Z20-07- conduct hearing and consider approval of the findings and adoption of an Ordinance for Mercy Val Vista Center Planned Area Development (PAD), amending the official zoning map by amending Ordinance No. 2757 to modify the development plan of approximately 11.35 acres of General Commercial (GC) and Business Park (BP) zoning districts generally located at the southeast corner of Val Vista Dr. and Mercy Rd. This item was approved with the Public Hearing Vote. Ordinance No. 2797 was adopted. 22. BUDGET - conduct hearing and adopt the budgets of the 2021-2022 Street Light Improvement Districts (SLID) and establish June 1, 2021, as the final public hearing and adopting the tax levy for the districts. This item was approved with the Public Hearing Vote. 22A. BUDGET — conduct hearing and adopt the budgets on the Parkway Maintenance Improvement District Nos. 07-01, 07-02, 07-03, 07-04, 07-05, 07-06, 07-07, 07-08, 07-09, 07- 10, and 07-11 for July l, 2021 to June 30, 2022, and establish June 1,2021 as the date of the final public hearing and adopting a tax levy for the districts. This item was approved with the Public Hearing Vote. RECESS REGULAR MEETING AND RECONVENE IN SPECIAL MEETING 7 Mayor Peterson recessed the Regular Meeting and reconvened in Special Meeting. 23. BUDGET - conduct hearing regarding the FY2022 Property Tax Levy and direct staff; if necessary, to submit an Ordinance setting the secondary property tax levy for FY2022 at $ 27,750,000 for adoption on June 1, 2021. Management and Budget Director Pfost provided an overview of the FY2022 Preliminary Budget. She noted Gilbert statistics and accolades, stating Gilbert saved $1,700,000 in savings in FY2021 and $8,600,000 in total savings since 2018 using zero-base budgeting. She discussed the budget process, adding the preliminary budget set the maximum expenditure limit. She discussed FY2022 recommended positions and metrics required for each, Capital Improvement Plan (CIP) Projects, and the property tax levy with a rate of $.9895 for the fourth year in a row, adding the final budget adoption would be at the June 1, 2021 meeting. Mayor Peterson thanked Director Pfost for the Study Session on the preliminary budget. Councilmember Tilque spoke in support of having the study session and the information provided throughout the process, adding she would prefer to hear the CIP discussion a bit earlier. She noted the accommodations and hiring freeze due to the onset of COVID-19 and thanked the Budget Team. Councilmember Anderson discussed positions that were approved later in the year, noting it was due to the hiring freeze and many were to fill the ambulance positions. Councilmember Yentes said the most important thing the Council did was approve the budget and ask the public to fund the budget. She discussed the debate of the Council about what constituted a tax increase. She said she did like how low the Town kept their buffer for delinquency, but said there was the ability to backfill the obligations with the General Fund in an effort to maintain the previous levy. Councilmember Hendrix discussed the tax rate and tax levy. He spoke of how the rate was determined, stating it was deceptive to say that if the rate was not raised that the taxes were not raised. He said there was a political spin put on the process for the levy. Councilmember Tilque discussed paying her taxes, the amounts she paid, and what portion went to the Town. She said what went to the Town was a small amount when you consider it was to pay off bonds for infrastructure and things approved by voters. She also noted that her home continued to increase in value. Councilmember Anderson stated the tax levy debate occurred every year and he had considered all of the different positions. He said if surveyed, taxpayers would demand that services were offered as well or better as before, and that could not happen if debt was not paid off to fund that. Mayor Peterson shared her tax bill and stated her bill increased $140.68 for the entire year, adding the Gilbert portion was $8.87 for an increase. She said the Town of Gilbert portion was one of the lowest portions of the bill, and it was only to pay off voter-approved debt. She said 8 her tax bill was much higher ten years ago, adding her tax bill had gone down due to how the Town managed finances. A MOTION was made by Vice Mayor Koprowski, seconded by Councilmember September, to approve Item 23. Motion carried 5-2, with Councilmembers Hendrix and Yentes casting the dissenting votes. 24. BUDGET - acceptance of the preliminary budget for July 1, 2021 to June 30, 2022 of $988,252,510 and establish June 1, 2021 as the date of public hearing and adoption of the final budget. Councilmember Yentes discussed the 46 additional Full Time Employee (FTE) positions and the need to reevaluate certain needs. She noted concerns with Cactus Yards, Digital Government, and the ambulance services. She also noted the ionization system and upcoming renovations. She said just because Gilbert’s tax revenues were strong, it was not the only metric of a healthy economy and there was underlying economic illness. Councilmember Anderson asked Town Manager Banger to describe the budget philosophy. Town Manager Banger outlined the process and discussed technologies, benchmarking, opportunities for efficiencies, quality of services, and zero-based budgeting. Councilmember Anderson discussed the current philosophy in looking for efficiencies. Town Manager Banger discussed the upcoming deployment of an automated meter reading system as an example of seeking efficiency. Councilmember Hendrix said he wanted it clear that he did not oppose taxes. He said there was nothing wrong with raising taxes if they were used efficiently to provide services that the taxpayers wanted, adding the Town should call an increase an increase and “own it”. He spoke of budget needs and said staff do a great job, but the philosophy of the budget in Gilbert was one that he did not support, adding it overtaxed citizens so debt could be paid off faster. He said he was not criticizing staff but was criticizing the culture and philosophy of the Town and the Council. Town Manager Banger offered clarification that he had referred to General Obligation Bonds but should have said General Fund Bonds. Councilmember September asked Director Pfost if staff was paying off bonds sooner than forecasted. Director Pfost offered clarification on the opportunities to pay off debt and provided examples. Councilmember September asked how much money the Town has saved. Director Pfost said since 2012 the Town had paid $68,000,000-$69,000,000 in debt early and saved $38,000,000 in interest by refinancing debt for lower interest rates. Mayor Peterson stated by paying things off early, the credit ratings improved and placed Gilbert 41st in the Nation out of over 19,000 cities and towns, adding it saved the Town money would it did go out for a bond. Director Pfost affirmed that the credit rating saved the Town money when it did need to borrow by paying the least amount of interest. 9 Mayor Peterson talked about bringing back some of the items mentioned by Councilmember Yentes for discussion at another time, adding they were not part of the budget discussion. Mayor Peterson noted if sales tax was cut, it would affect the General Fund which paid for the Police and Fire Departments and salaries. She said the levy paid for only what the voters approved. She discussed the extensive process for approving FTEs. A MOTION was made by Vice Mayor Koprowski, seconded by Councilmember Tilque, to approve Item 24. Motion carried 5-2 with Councilmembers Hendrix and Yentes casting the dissenting votes. 10 ADJOURN SPECIAL MEETING AND RECONVENE REGULAR MEETING Mayor Peterson adjourned the Special Meeting and reconvened the Regular Meeting. ADMINISTRATIVE ITEMS 25. 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 Vice Mayor Koprowski noted the upcoming open houses for information on the proposed transportation bond would be held on May 12, 2021 and May 20, 2021. She stated more information could be found at www.gilbertaz.gov/tibond. Councilmember Anderson discussed a tourism advisory group meeting, adding that a presentation shown during the meeting indicated that youth sports in Gilbert had impressive numbers. Councilmember Hendrix noted the Judicial Selection and Advisory Board recently met and were moving in a positive direction. Councilmember September noted there would be a carwash at the Valero located at 831 E Warner Road on Saturday, May 8, 2021 from 8:00-11:00 a.m., with proceeds going to Officer Aranda and his family. 25A. COUNCIL ADMINISTRATION - consider acceptance of the Budget Report and Contingency Report for the Third Quarter of FY2021. A MOTION was made by Councilmember September, seconded by Councilmember Tilque, to approve item 25A. Motion carried 7-0. POLICY ITEMS 11 None. FUTURE MEETINGS No discussion. COMMUNICATIONS Report from the TOWN MANAGER on current events. Town Manager Banger recognized all of the first-responder men and women who worked with the incident involving Officer Farrar and Officer Aranda. He stated it was a tragic evening but a reminder of the special people protecting and supporting the community. He voiced support for Officer Aranda and his family and for those affected by the passing of Officer Farrar. He also noted the employees at San Tan Ford and said they would all be kept in his thoughts and prayers. Report from the COUNCIL on current events. Councilmember Hendrix acknowledged the passing of long-term Gilbert resident Larry James Chesley who was nicknamed “Lucky”. He said Lucky was a fighter pilot in Vietnam, a prisoner of war, and served the community in various other ways. He said Lucky wanted others to know he was a good dad and raised good kids. One of Lucky’s sons wanted others to know that their father took five families and combined them into one family. Councilmember Hendrix led the audience in a moment of silence for Mr. Chesley. Councilmember Yentes noted that Mother’s Day would be on the forthcoming Sunday. 12 Report from the MAYOR on current events. Mayor Peterson discussed a recent incident involving several law enforcement agencies that ended at San Tan Ford in Gilbert, resulting in the death of Chandler Police Officer Christopher Farrar and the critical injury of Gilbert Police Officer Rico Aranda. She discussed Gilbert kindness and the support the community offered for the Gilbert Police Department and the Aranda Family. Mayor Peterson thanked the Gilbert Police Department for their 2021 Earth Day event which included a drive-thru shred-a-thon and medication drop-off. She wished Council Aide Monica D’Ortenzio a happy birthday. ADJOURN Mayor Peterson adjourned meeting at 8:48 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 4th day of May, 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 13