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Council Regular/Special Meeting

Special Meeting

Gilbert, AZ · June 15, 2021

AgendaMinutesPacket

Minutes

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF TUESDAY JUNE 15, 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, and Senior Planner Stephanie Bubenheim AGENDA ITEM CALL TO ORDER Mayor Peterson called the meeting to order at 6:47 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember September 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 Jessica Gillespie, Gilbert resident, expressed her intention to address “undue influence” concerning Mayor Peterson and Howard Morrison regarding the Morrison Ranch Community Plan. Ms. Gillespie questioned Mayor Peterson’s business dealings with Morrison claiming preferential treatment, noted Morrison’s past donations to the Mayor’s campaign, and emphasized her concerns of Mayor Peterson’s ethics and involvement in the development changes application and approval process. Lee Wilson, Gilbert resident, shared her opposition to the proposed addition of apartments at Morrison Ranch. She highlighted the deviation of the proposed changes with the public’s ratified General Plan, asked for elected officials to listen to the public, and compared the rates of degradation to apartment buildings versus single-family homes in other cities. 1 Ryan MacDonald, Gilbert Resident, described being a long-term Gilbert resident whose first housing community lowered in property value, thus increasing rentals and resulting in the community degradation over time. As a current resident of Morrison Ranch, Mr. MacDonald said he was opposed to the proposed increase in planned apartments for fear of a similar result to his first community’s decline. Lisa Ballard, Gilbert resident, noted her prior opposition to a project on Higley and Ray and said Gilbert’s plan should not include an apartment on every corner. She expressed her disdain over increases in apartments, taxes, commercial real estate, traffic, streetlights, crime, and unethical behavior of elected officials. She called for more flexibility and willingness to listen to constituents. Brandon Ryff, Gilbert resident, identified himself as a Morrison Ranch resident and as the person to find email exchanges with a Freedom of Information Act (FOIA) request and discussed allegations of ethical misconduct on Mayor Peterson. He questioned her motives and expressed concerns with her communications and sharing of information. He called for the resignation of Mayor Peterson, then pledged up to $10,000 to found and fund a political action committee with the mission of removing the Mayor from office. Berna Holzman, Gilbert Resident, stated she was a resident of Morrison Ranch and commented that reputational disruptions lead to ineffective leadership. She questioned Mayor Peterson’s listening, decision-making, vision, and intentions for the Town. She illustrated the public services new residents of the Morrison Ranch Apartments would require and expressed concern with accessibility to these amenities and services. She asked for more input from the public and announced agreement with the previous public comment that was made before her. Jim Torgeson, Gilbert resident, declared his disapproval of the one-time exceptional performance award to Town of Gilbert employees employed between January 1, 2020 and December 31, 2020. Mr. Torgeson clarified that he disagreed with the distribution of the award funds as they were not based on merit, whereas many businesses and community members suffered financially because of the COVID-19 pandemic. He also referred to Councilmember Yentes’ motion to lower the tax levy during the June 1, 2021 Council Meeting, which did not carry, as he supported less taxes for residents. B. Hurley, Gilbert resident, expressed concern of feelings of misconduct and accepted acts of bribery between Mayor Peterson and Howard Morrison in relation to campaign funds and the Morrison Ranch Community Plan. Mr. Hurley called for Mayor Peterson to step down. Jordyn Lake, Gilbert resident, explained that she was born and raised in Gilbert and had seen the Town grow, now with her own family. She expressed her support of an increase in apartment housing in Gilbert to increase affordable housing during the current housing shortage, rather than commercial development. She asked the Morrison Ranch Apartment expansion to be upheld and requested to keep Gilbert “family centered”. 2 Jimmy Lindblom, Gilbert resident, shared his long-time residency and family engagement with the Town of Gilbert. He called for increased civility and consideration of productive change as a community. Kasia Hosford, Gilbert resident, shared concerns regarding the murder that took place in the Tilda Manor Group Home and asked the Town Council to request the State of Arizona to investigate three entities for neglect and misconduct leading up to the incident: the Psychiatric Board, Mercy Care, and Tilda Manor. CONSENT CALENDAR A MOTION was made by Councilmember Anderson, seconded by Councilmember September, to approve Consent Items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49 and 50; remove Consent Item 22 from the agenda; and add Items 58 and 59 to the Consent Calendar, appointing Michael Bailey to the Veterans Advisory Board with the partial term beginning June 15, 2021 and ending June 15, 2023; and Theodore “TJ” Claassen to the Redevelopment Commission with the partial term beginning June 15, 2021 and ending October 31, 2022. Motion carried 7-0. 1. INTERGOVERNMENTAL AGREEMENT – consider approval of an amendment to Transit Services Intergovernmental Agreement No. 319001200 (Eden No. 2018-3001-0290) with The Regional Public Transportation Authority to provide local bus and paratransit services for FY2022 and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 2. INTERGOVERNMENTAL AGREEMENT - consider adoption of a Resolution approving Intergovernmental Agreement No. 321000418 with the Arizona Department of Transportation (ADOT) to provide traffic crash incident reports and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 4201 was adopted. 3. INTERGOVERNMENTAL AGREEMENT – consider adoption of a Resolution approving an Intergovernmental Agreement No. 321000434 with the City of Mesa to provide ambulance transportation backup services and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 4202 was adopted. 4. INTERGOVERNMENTAL AGREEMENT- consider adoption of a Resolution approving Intergovernmental Agreement No. 321000408 with the Town of Queen Creek to provide equipment maintenance and repair services and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 4203 was adopted. 3 5. INTERGOVERNMENTAL AGREEMENT – consider adoption of a Resolution approving Amendment No. 1 to Intergovernmental Agreement No. 321000036 with the Arizona Department of Transportation (ADOT) for the construction and maintenance of the Lindsay Road at State Route 202 Traffic Interchange and Frontage Road, Project No. ST1580, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 4204 was adopted. 6. INTERGOVERNMENTAL AGREEMENT – consider approval of Gilbert's proportional share of $190,233 in accordance with Intergovernmental Agreement No. 319000706 between City of Mesa, Town of Queen Creek, and Town of Gilbert for the Greenfield Water Reclamation Plant (GWRP) UPS Replacement Project, Project No. WW0970/Mesa Project No. CP0898GN17, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 7. DEVELOPMENT AGREEMENT – consider approval and authorize the mayor to execute the required documents of: a) adoption of a Resolution approving the Development Reimbursement and Lien Agreement with Verde Investments, Inc. for infrastructure improvements along the Germann and Lindsay frontages of Parcels 304-54-011E and 304-54-011F, Project No. ST1450; and b) a Contingency Transfer in the amount of $850,000 with Developer Contributions as the designated funding source. This item was approved with the Consent Calendar vote. Resolution No. 4205 was adopted. 8. AGREEMENT – consider adoption of a Resolution approving Non-Indian Agricultural (NIA) Priority Water Subcontract Agreement No. 321000423 with Central Arizona Water Conservation District (CAWCD) and United States Bureau of Reclamation (USBOR) for Non-Indian Agriculture (NIA) Priority Central Arizona Project (CAP) Water, Project No. WA1060, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 4206 was adopted. 9. AGREEMENT - consider approval of Professional Consulting Services Agreement Contract No. 321000173 with Sustainability Engineering Group, LLC (SEG) in an amount not to exceed $220,020 for the Heritage District Utility Infrastructure Study, CIP No. RD2260, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 4 10. CONTRACT – consider approval of renewal of Contract No. 319000279 with Tyler Technologies in an amount not to exceed $275,101.91 for the annual support and maintenance of the MUNIS software and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 11. CONTRACT - consider approval of Cooperative Purchase Agreement No. 321000406 with Home Depot U.S.A., Inc., utilizing Maricopa County/Omnia Partners Cooperative Purchasing Contract No. 16154, in an amount not to exceed $150,000 annually for maintenance, repairs, operational supplies, parts, equipment and materials; and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 12. CONTRACT - consider approval of Cooperative Purchase Agreement No. 321000405 with Lowe's Home Centers, LLC, utilizing Region 4 Education Service Center/Omnia Partners Cooperative Purchasing Contract No. R192006 in an amount not to exceed $150,000 annually for maintenance, repairs, operational supplies, parts, equipment, and materials; and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 13. CONTRACT - consider approval of: a) Architectural/Engineering (A/E) Services for Construction Manager at Risk (CM@R) Contract No. 321000417 with Black and Veatch in an amount not to exceed $363,772 for North Water Treatment Plant South Reservoir Water Quality Improvements, Project No. WA1582, and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the Water Fund in the amount of $370,000. This item was approved with the Consent Calendar vote. 14. CONTRACT – consider approval of: a) Job Order No. 5 to Job Order Contract (JOC) No. 320000232 with MGC Contractors, Inc. in an amount not to exceed $184,000 for Well 8 Site Facility Repair, Project No. WA1557, and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the Water Replacement Fund to Project No. WA1557 in the amount of $200,000. This item was approved with the Consent Calendar vote. 15. CONTRACT – consider approval and authorize the Mayor to execute the required documents of: 5 a) Task Order No. 10 to Job Order Contract (JOC) Contract No. 320000098 with Felix Construction Company in an amount not to exceed $196,234.46 for Well 20/Site 20 Emergency Repairs and Site Recovery, Project No. WA1598; b) Task Order No. 12 to Job Order Contract (JOC) Contract No. 320000098 with Felix Construction Company in an amount not to exceed $255,077.73 for Well 20/Site 20 Emergency Repairs and Site Recovery, Project No. WA1598; c) Architectural/Engineering (A/E) Services for Design-Bid-Build (DBB) Project Contract No. 321000446 with Brown and Caldwell Inc. in an amount not to exceed $43,786 for Well 20/Site 20 Emergency Repairs and Site Recovery, Project No. WA1598 and d) a Contingency Transfer from the Water Replacement Fund to establish Project No. WA1598 in the amount of $510,000 in FY2021 and FY2022. This item was approved with the Consent Calendar vote. 16. CONTRACT – consider approval of Pre-Construction Services for Construction Manager at Risk (CM@R) Contract No. 321000274 with Sundt Construction, Inc. in an amount not to exceed $180,242 for the Ocotillo Road Improvements - Greenfield to Higley, Project No. ST0540, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 17. CONTRACT – consider approval and authorize the Mayor to execute the required documents of: a) Job Order No. 4 to Job Order Contract (JOC) Contract No. 320000232 with MGC Contractors, Inc. in an amount not to exceed $1,644,779.07 for the Reclaimed Water Recovery Well at Cactus Yards, Project No. WW0890; and b) a Contingency Transfer from the Neely Wastewater System Development Fees (SDF) Fund to Project No. WW0890 in the amount of $400,000. This item was approved with the Consent Calendar vote. 18. CONTRACT – consider approval and authorize the Mayor to execute the required documents of: a) Construction Services for Design-Bid-Build (DBB) Project Contract No. 321000349 with Archer Western Construction LLC for Construction Services in an amount not to exceed $6,999,641.04 for South Recharge Site Phase II, Project. No. WW0770; and 6 b) Change Order No. 1 to Contract No. 319000588 (Eden No. 2018-2106-0148) with Brown and Caldwell increasing the contract amount by $194,716 for engineering design and construction support services of South Recharge Site Phase II, Project WW0770. This item was approved with the Consent Calendar vote. 19. CONTRACT – consider approval of Architectural/Engineering (A/E) Services Contract for Construction Manager at Risk (CM@R) Project, Contract No. 321000456 with SmithGroup Inc. in an amount not to exceed $376,240 to provide design and engineering services for University Building 4th Floor Tenant Build-out, Project No. RD2265, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 20. CONTRACT – consider approval of and authorize the Mayor to execute the required documents: a) Agreement for Professional Consulting Services Contract No. 321000427 with Kittelson & Associates, Inc., in an amount not to exceed $268,123 for the Heritage District Intersection Study- Traffic Circulation, Project No. RD2120; b) Project Management (PM) Services Contract No. 321000426 with Lokahi, LLC, in an amount not to exceed $65,420 for the RD2120 Heritage District Intersection Study- Circulation Plan, Project No. RD2120; and c) a Contingency Transfer from the Roadway and Maintenance Fund in the amount of $333,550. This item was approved with the Consent Calendar vote. 21. CONTRACT – consider approval of and authorize the Mayor to execute the required documents: a) Architectural/Engineering (A/E) Services Contract for Construction Manager at Risk (CM@R) Project, Contract No. 321000424 with HDA Architects, LLC, in an amount not to exceed $104,369 for the Primary Emergency Operation Center Improvements, Project No. MF2527; and b) Project Management/Construction Management (PM/CM) Services Contract for Construction Manager at Risk (CM@R) Project, Contract No. 321000425 with CookDZ, LLC, in an amount not to exceed $44,960 for the Primary Emergency Operation Center Improvements, Project No. MF2527. This item was approved with the Consent Calendar vote. 22. CONTRACT – consider approval of: 7 a) Task Order No. 106 to Job Order Contract (JOC) Contract No. 319000397 with CS Construction Inc. in an amount not to exceed $477,049.50 for the traffic signal on Gilbert Road and American Hero’s Way, Project No. TS1920, and authorize the Mayor to execute the required documents; and b) a Contingency Transfer in the amount of $253,774 with Traffic Signal System Development Fees (SDF) Fund as the designated funding source. Removed from agenda and continued to August 3, 2021. 23. CONTRACT – consider approval of: a) Contract No. 321000389 with Routeware Inc. in an amount not to exceed $498,500 for solid waste records management, GPS, and routing software, Project No. MF2525, and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the Environmental Services Residential Fund in the amount of $10,000. This item was approved with the Consent Calendar vote. 24. CHANGE ORDER – consider approval of Change Order No. 1 to Contract No. 321000232 with Carahsoft Technology Corporation increasing the contract amount by $49,244 to procure software related to cybersecurity and vulnerability management and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 25. CHANGE ORDER – consider approval of Change Order No. 2 to Contract No. 321000043 with Sentinel Technologies, Inc. increasing the contract amount by $39,584.43 for providing network equipment, professional services, unified communications, and security products; and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 26. CHANGE ORDER – consider approval of Change Order No. 1 to Contract No. 321000151 with Tyler Technologies Inc. increasing the contract amount by $83,139.67 for new EnerGov licenses, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 27. CHANGE ORDER – consider approval and authorize the Mayor to execute the required documents of: 8 a) Change Order No. 1 to Contract No. 321000076 with Hye Tech Networks and Security Solutions, LLC increasing the contract amount by $533,008.15 for providing network equipment, services, infrastructure, unified communications and security products; and b) a Contingency Transfer from the General Fund in the amount of $533,008.15. This item was approved with the Consent Calendar vote. 28. CHANGE ORDER – consider approval of: a) Change Order No. 1 to Contract No. 321000145 with Hughes Fire Equipment Inc. increasing the contract amount by $851,983.52 for the purchase of one additional Quantum Pumper and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the General Replacement Fund in the amount of $851,990. This item was approved with the Consent Calendar vote. 29. CHANGE ORDER – consider approval of Change Order No. 2 to Contract No. 319001082 with Devau Human Resources increasing the contract amount by $41,000 for temporary events and sports tournament staffing and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 30. CHANGE ORDER – consider approval and authorize the Mayor to execute the required documents of: a) Change Order No. 1 to Contract No. 320000345 with Corona Environmental Consulting LLC increasing the contract amount by $1,202,000 for Professional Services for Pilot Support and Design Support Services, Project No. WA1589; b) Change Order No. 1 to Contract No. 320000346 with Waterworks Engineers LLC increasing the contract amount by $14,780,827 for Engineering Design Services for Full Design Services, Project No. WA1589; and c) Change Order No. 1 to Contract No. 320000347 with Sundt/PCL Joint Venture increasing the contract amount by $2,667,835 for Pre-Construction Services in support of Full Design, Project No. WA1589. This item was approved with the Consent Calendar vote. 31. CHANGE ORDER- consider approval of: a) Construction Services Contract for Construction Manager at Risk (CM@R) Project Contract No. 321000419 with Willmeng Construction, Inc. in an amount not to exceed $12,412,931 for Municipal Center I Renovation, Project No. MF0530; 9 b) Change Order No. 4 to Contract No. 319000604 with M. Arthur Gensler & Associates increasing the contract amount by $163,560 for Municipal Center I Renovations- Phase II, Project No. MF0530; c) Change Order No. 3 to Contract No. 319000894 with CookDZ, LLC increasing the contract amount by $352,280 for Municipal Center I Renovations construction management services, Project No. MF0530 and authorize the Mayor to execute the required documents; and d) a Contingency Transfer from the General Replacement Fund in the amount of $250,000. This item was approved with the Consent Calendar vote. 32. CHANGE ORDER – consider approval of: a) Change Order No. 1 to Contract No. 320000133 with Haydon Building Corporation increasing the contract amount by $406,679.05 for Val Vista Road Improvements, Project No. ST1120, and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the MAG Revolving Fund in the amount of $406,680. This item was approved with the Consent Calendar vote. 33. CHANGE ORDER – consider approval of Change Order No. 1 to Contract No. 319000517 with Dibble Engineering in an amount not to exceed $253,058.62 for design and construction improvements to Lindsay Road, Queen Creek to Ocotillo, Project No. ST1140, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 34. CHANGE ORDER - consider approval of Change Order No. 1 to Contract No. 319001007 with Wood, Patel & Associates, Inc. increasing the contract amount by $37,156.34 for Val Vista Road Improvements, Project No. ST1690, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 35. CHANGE ORDER- consider approval of Change Order No. 2 to Contract No. 319000988 with Project Engineering Consultants (PEC) increasing the contract amount by $3,675.18 for assistance with the application for MAG Grant Funding of Project Nos. ST1790 and PM10 Paving and authorize the Mayor to execute the required documents This item was approved with the Consent Calendar vote. 36. PURCHASE - consider adoption of a resolution approving the purchase cost for acquisition of the required right of way and easements for improvements to Parcel No. 304-55-016D, 10 Germann Road - Mustang to Val Vista and Lindsay - Pecos to Lovebird, Project No. ST1450, in the amount of $15,691. This item was approved with the Consent Calendar vote. 37. PURCHASE – consider adoption of a resolution approving the purchase cost for acquisition of the required right of way and easements for improvements to Parcel No. 304-55-016M, Germann Road - Mustang to Val Vista and Lindsay - Pecos to Lovebird, Project No. ST1450, in the amount of $32,095. This item was approved with the Consent Calendar vote. 38. BUDGET – consider approval of a Contingency Transfer from the General Fund Contingency to the Grant Fund in the amount of $700,000 to cover COVID and protest expenses that have not been reimbursed through other channels. This item was approved with the Consent Calendar vote. 39. BUDGET – consider approval of: a) a Contingency Transfer from the General Fund Contingency in the amount of $302,260 for non-reimbursable expenses related to COVID-19; and b) a Contingency Transfer from the Environmental Services – Residential Fund in the amount of $78,080 for non-reimbursable expenses related to COVID-19. This item was approved with the Consent Calendar vote. 40. GRANT – consider adoption of a Resolution approving the acceptance of the Town of Gilbert's allocation of American Rescue Plan (ARP) Funds, from U.S. Department of Treasury Coronavirus State and Local Fiscal Recovery Fund in the amount of $24,159,871, and authorizing the Mayor and Town Manager to accept the U.S. Department of Treasury’s terms and conditions. This item was approved with the Consent Calendar vote. Resolution No. 4207 was adopted. 41. GRANT - consider: a) application and acceptance of a grant, Contract No. 321000430, from the Law Enforcement Mental Health and Wellness Act (LEMHWA) Grant from the Department of Justice Community Oriented Policing Services in an amount not to exceed $125,000 for the enhancement of Officer Wellness program and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the Grant Contingency Fund in the amount of $125,000 for FY2022. 11 This item was approved with the Consent Calendar vote. 42. GRANT - consider application and acceptance of a pass-through 12% Gaming Contribution Grant, Contract No. 321000431, from the Ak-Chin Indian Community in the amount of $350,000 and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 4211 was adopted. 43. FINAL PLAT S20-08 - consider approval of the final plat for Gabriella Pointe Commerce Center located at the southeast corner of Higley Road and Warner Road. This item was approved with the Consent Calendar vote. 44. FINAL PLAT EREVIEW 2021-00006 - consider approval of the Minor Subdivision of Contreras Farms located east of the northeast corner of Higley Road and Mews Road. This item was approved with the Consent Calendar vote. 45. FINAL PLAT S20-03 - consider approval of the final plat for Cordillera Vista Estates located south and west of the southwest corner of Riggs Road and Higley Road. This item was approved with the Consent Calendar vote. 46. FINAL PLAT DR20-0087 - consider approval of the final plat for PB Bell at Gilbert Commons located north and west of the northwest corner of Cooper Road and Merrill Avenue. This item was approved with the Consent Calendar vote. 47. FINAL PLAT DR19-152 - consider approval of the final plat for "The Bungalows on Ray" located at the northwest corner of Ray Road and Santan Village Parkway. This item was approved with the Consent Calendar vote. 48. HUMAN RESOURCES – consider approval of and authorize the Mayor to execute the required documents: a) Amendment to Judicial Services Employment Agreement No. 321000437 with Associate Judge James Dunham with an effective date of July 1, 2021; b) Amendment to Judicial Services Employment Agreement No. 321000438 with Associate Judge Alison Ferrante with an effective date of July 1, 2021; c) Amendment to Judicial Services Employment Agreement No. 321000439 with Associate Judge Nicole Laurin with an effective date of July 1, 2021; and 12 d) Amendment to Judicial Services Employment Agreement No. 321000448 with Presiding Judge David Cutchen with an effective date of July 1, 2021. This item was approved with the Consent Calendar vote. 49. RISK MANAGEMENT - consider approval of insurance coverage renewal policies in an amount not to exceed $2,172,251 and authorize staff to execute the necessary documents of: a) Property and Equipment Insurance coverage with American International Group (AIG) for FY 2021-2022; b) Public Entity Liability insurance, Umbrella/Excess Liability, Auto Liability, and Auto Physical Damage coverage with various carriers for FY2021-2022; c) Excess Liability Insurance coverage with various carriers for FY2021-2022; d) Cyber Insurance coverage with various carriers for FY2021-2022; e) Storage Tank Insurance coverage with Liberty for FY2021-2022; f) Crime Insurance coverage with Great American for FY2021-2022; and g) Contractor’s Equipment Insurance coverage with Starr for FY2021-2022. This item was approved with the Consent Calendar vote. 50. MINUTES- consider approval of the minutes of the Regular Meeting of June 1, 2021, Study Session of June 1, 2021, and Special Meetings of May 10, 2021 and June 1, 2021. This item was approved with the Consent Calendar vote. PUBLIC HEARING Mayor Peterson opened the public hearing for Items 51, 52, 53 and 56. No one wished to speak and Mayor Peterson closed the public hearing. A MOTION was made by Councilmember Tilque, seconded by Councilmember Yentes, to approve Public Hearing Items 51, 52, 53 and 56. Motion carried 7-0. 51. LIQUOR LICENSE – conduct hearing and consider approval of a Series 9 Liquor Store Alcohol License for Frys Food and Drug #615 located at 1455 North Higley Road. This item was approved with the Public Hearing Vote. 13 52. ANNEXATION A21-01-consider adoption of an Ordinance approving the annexation of approximately 19.18 acres located at the southeast corner of Swan Drive and Warner Road. A public hearing was held on 6-1-2021. This item was approved with the Public Hearing vote. Ordinance No. 2804 was adopted. 53. ZONING Z21-02 - conduct hearing and consider approval of the findings and adoption of an Ordinance for Hopewell Industrial Park, amending the official zoning map and zoning classification of approximately 19.98 acres of real property located at the southeast corner of Swan Drive and Warner Road from Maricopa County Airport District Three (AD-3) zoning district to Town of Gilbert Light Industrial (LI) zoning district. This item was approved with the Public Hearing vote. Ordinance No. 2805 was adopted. 54. ZONING - AP21-01 (DR20-182) - conduct hearing and consider appeal to the Gilbert Town Council from the Town of Gilbert Planning Commission's/Design Review Board approval of a Design Review for Santan Adventure Park on approximately 4.55 acres located at the southwest corner of Santan Village Parkway and Knox Road and zoned Public Facilities/Institutional (PF/I). The Town Council may uphold the approval, modify, or reverse the decision of the Design Review Board. Mayor Peterson opened the public hearing for Item 54. Mayor Peterson summarized the zoning appeal and read a statement that comments from residents should stay on the topic of the appeal and limited to the Design Review case and items the Council had the authority to address. Senior Planner Bubenheim provided a presentation to the Council outlining the Santan Adventure Park which included site maps, plans, and the history of the communications and decisions made between September 1, 2015 to April 19, 2021. The presentation highlighted key clarification items based on comments from the public and noted the appeal’s outlining concerns of no second neighborhood meeting, a request to convert the outdoor go kart track to an indoor track, and an insufficient noise study. The appeal concerns were addressed, noting the staff recommendation was to uphold the Planning Commission’s approval of DR20-182. Appellant Randy Nelson, Gilbert resident, spoke on behalf of Attorney Tim La Sota who was not present. Mr. Nelson discussed his proximity to the San Tan Adventure Park and the addition of a proposed 6-foot wall which he said would be ineffective in line-of-sight and sound. He discussed the history of the project, lease, and prior sound study. He introduced Lance Willis, Principal Acoustics Engineer of Spendiarian & Willis Acoustics and Noise Control, who gave his expert opinion on the project. Dr. Lance Willis of Spendiarian & Willis Acoustics and Noise Control stated he was asked to make comments on behalf of residents of Greenfield Lakes regarding the noise of the proposed go kart track at San Tan Adventure Park. He discussed a letter he submitted that noted a modeling error made in the original noise study submitted to the Town that “…severely 14 underestimated the sound pressure levels predicted at the neighboring homes to the east of the proposed go kart track”. He described his findings and discussed height requirements of a sound wall. He said it was the second time in the past year that he addressed the Council regarding abuses of Section 42-61 of the Town Code, adding he did not know the developer or intent but he had seen abuse in the past, whether intended or not. Councilmember Anderson asked Dr. Willis if he documented in his findings whether the proposal did or did not meet the Town Code and if the sound was measured into the neighborhoods from various uses. Dr. Willis stated that he had not been on site to conduct measurements; it was up to the developers to demonstrate they had created a sufficient noise abatement plan. He said he had not been definitive on his opinion because the noise study presented was incomplete. He discussed criteria for Section 42-64 of the noise code. Councilmember Anderson asked Attorney Payne if one section of the Town Code took precedence over another, adding subjected views could not be enforced. Attorney Payne stated both Section 42-61 and Section 42-64 applied, adding someone could make a noise complaint and both code provisions should be enforced. He said the difficulty with Section 42-64 was proving what was reasonable or unreasonable; it was testimony of the different parties involved. Councilmember Anderson said he appreciated Dr. Willis’ opinion that the Code was antiquated and did not conform with other communities, adding it could be taken into future advisement, but the Council had to work with the Code that was outlined now in the current ordinance. Councilmember Hendrix spoke of Dr. Willis’ assessment and opinions on the Town Code but stated it was not helpful. He said he was looking for expert advice from a sound engineer based on the design review appeal that the Council was voting on. He asked if that design met the Town Code, whether Mr. Willis agreed with it or not, or if Mr. Willis was he unable to tell because there had not been adequate research. Mr. Willis stated the noise impact studies provided were incomplete, the Gilbert Code would not be considered reasonable in most places, and he felt it was not a compatible land use. Vice Mayor Koprowski spoke of go kart decibel levels without the wall and asked for examples of other comparable environmental noises. Mr. Willis stated a 53 a-weighted decibels (dBA) amount was not too different from an air-conditioning condenser, adding increasing it to 61 dBA was the equivalent of a conversation at six to ten feet. Appellant Randy Nelson, Gilbert resident, summarized the history of the project and its opposition. He noted projected attendance, and Mayor Peterson reminded him that attendance could not be discussed as part of the design review or in the purview of the appeal. Mr. Nelson read a letter from Attorney Tim La Sota. 15 Attorney Payne spoke of the sound code, stating Section 42-61 had the decibel level and an officer could take a sound measurement while responding to a noise complaint. He stated an officer could also use Section 42-64 as evidence to site if there was unnecessary, excessive, or offensive noise that disturbed the peace; an officer could use either one or both. Attorney Sean Lake, original applicant, spoke on behalf of San Tan Adventure Park. He stated it was a not zoning case, noting it was the review of an appeal that had a very limited scope of review. He said the appellant had the burden of proof that the design did not meet the noise ordinance, adding he did not believe the appellant had met that burden of proof or that the project violated the Town Code or noise ordinance. He summarized the noise study done by Mike Dickerson, Jr. of MD Acoustics using a real-life go kart track. He noted concessions offered after the appeal, such as not using loudspeakers, sirens, and whistles and to use extra quiet mufflers. He stated the 6-foot wall was unnecessary in meeting the requirement, but stated the applicant would be willing to install a wall or sound barrier if necessary or if there was any sense of violation, adding their request was that the appeal be denied and to uphold the decision of the Planning Commission. Dean Christensen, Gilbert resident, discussed SAP Holdings’ response to the appeal. He spoke of Section 42-61 of the Town Code, stating the SAP Holdings and some of the Town had omitted and were dismissive of Section 42-64. He spoke of decibels, ambient music, and inefficiency of the Code. Susan King and Bryson Weiser, Gilbert residents, stated they opposed the San Tan Adventure Park, adding their quality of life and peace were at significant risk. She discussed noise, environment, and traffic pollution, adding the bottom line was money and stated the location was a bad choice for that type of business. Deanne Huth, Gilbert resident, spoke of the ice park, baseball fields, and the dog park nearby. She said the San Tan Adventure Park did not make sense and the dispute was over the gas- powered go karts, adding her home backed that area. She said she and her neighbors were willing to participate in the noise study from inside her home and asked who she would sue if there was a violation. Sandra Avery, Gilbert resident, discussed the letter from Sean Lake to the Town. She said the only way she would not oppose the go karts was if they were moved indoors. She said the stipulations on noise and music were semantics. She discussed the three options of the Council as listed by Senior Planner Bubenheim but said there were five options and she hoped the Council would consider them. She discussed the requirement of a neighborhood meeting in the Town Code for significant changes, noting again the issue of semantics. Nicki Reber, Gilbert resident, stated she appreciated offering the 6-foot fence but said it would not do any good and would be a waste of money. She said it would knock the noise closer to her residence, stating she lived near the Salt River Project (SRP) Plant and there was not noise coming from the plant. 16 Sue Donovan, Gilbert resident, discussed a provision of the lease that music from the golf feature could be raised to mitigate noise from the go karts if necessary, adding the project in its entirety was the definition of unnecessary noise in noise ordinance Section 42-64 and read parts of the Town Code. Charlie Girard, Gilbert resident, discussed what he said were misconceptions stated by Attorney Sean Lake. He spoke of the concessions offered by the original applicant but stated they never held a meeting to discuss the go karts with the nearby neighborhoods. He spoke of former Councilmember Ben Cooper, lack of signs notifying people of the plans to add the go karts, and said the noise study was an afterthought. Tess Dover, Gilbert resident, stated she spoke to the Council previously regarding air pollution. She spoke of neighbors who could not attend the Council meeting because of the air quality, asking how the Town could justify adding more air pollution. She discussed the effects of simulated airplane crashes at the San Tan Adventure Park on those with Post Traumatic Stress Disorder (PTSD). Elena Stump, Gilbert resident, discussed prayer and how her home was a place for peace and restoration. She said she did not want to be bombarded by noise and said residents deserved respect and to have peace and quiet, adding people were more important than money and should feel they were important. Kelley Stramiello, Gilbert resident, discussed her child’s sleeping habits at bedtime. She discussed noise from a temporary carnival at that site in the past and said it was not nearly as loud as the sound of go karts, adding there were other options to consider for the project. Julie Moore, Gilbert resident, asked the Council to hear the voices of those who trusted the Councilmembers to do the right thing and keep Gilbert a peaceful environment. She said the hope was that the outcome of the decision would benefit the nearby residents and the other businesses and amenities in the area. Ross Pfaff, Gilbert resident, discussed the original lease agreement in 2017 that required the construction be done within two years. He said the leasee defaulted on the agreement and it should be voided. He said SAP Holdings noted bringing forth a quiet project but later added the race car idea. He discussed the noise code and reasonable noise. Monica Weiser, Gilbert resident, stated she spoke to the Council previously about declining property values. She said people were already selling and did not believe in the Council to do the right thing. She discussed the proposed wall that would be ineffective and other noise concerns. The following residents were present and in opposition of Item 54 but did not speak or donated their speaking time to others: Cara Malmrose, Don Jordan, Gabriel Franca, Cindy Johnson, Denise Kalma, Flo Scalera, Chris Johnson, Virginia Vaz de Campos, and Lori Dunne. 17 Attorney Sean Lake spoke again on the scope of the appeal based on noise. He discussed following the rules and expectations in the Town Code, the burden of the proof of the appellant to show a violation, and the community noise standard. Mayor Peterson closed the public hearing for Item 54. Vice Mayor Koprowski asked what the decibel levels were for the real-life study that was conducted. Mr. Lake responded that in the real-world study, which was then overlayed on the San Tan Adventure Park site, the worst-case scenario was in Table 4 and it predicted the interior noise level would be at House 1 at 40 decibels inside. Councilmember September said he believed the proposal showed it met the noise ordinance, but noted the opposing view and doubt of the elements and modeling of the sound study. He said the sound ordinance needed to be revisited and discussed the concession of a wall. He asked if there were any trees that would be good candidates to reduce noise and asked if the applicant would consider planting some. Mr. Lake clarified trees could be added. Councilmember September talked about the consideration if approved. Vice Mayor Koprowski asked what muffler was used in the real-world study and what kind could be used at the proposed site. Mr. Lake talked about the enhanced, Honda-approved “super- silent” muffler that would be used for the go karts. Councilmember Anderson asked about the sound effects associated with the site. Mr. Lake offered clarification that sound effects would be used but said the noises would not travel past the property lines or exceed the Town’s noise ordinance, adding if it did, there were mitigation measures that would be added. Councilmember Yentes asked about the quiet mufflers and if there was a comparison to a vehicle. Mr. Lake stated that the go kart would be at 76 decibels and said it was about the same noise level as an air conditioning unit, adding the sound would dissipate as you got further away. Appellant Randy Nelson provided a closing statement. He talked about common sense and stated a project like that was not a good idea near housing. He discussed engines being used and expressed concern of being in neighborhoods, adding a wall that covered line-of-sight would actually be a sound wall. He discussed harmony and castle golf examples not being near housing. Councilmember Anderson asked Mr. Nelson if there was no compromise. Mr. Nelson said he would like to hear what the trees would do, but otherwise indoor was the answer, adding there were multiple options. There was discussion regarding the effectiveness of trees, the combination of a wall and trees, and of electric go karts as an option. Councilmember Hendrix thanked Mr. Nelson for the work he had done and the information he provided. He said as a group the opposing community members had done an amazing job of organizing and expressing themselves. He said it would not be an easy decision but thanked the group for their work. 18 Mayor Peterson thanked Mr. Nelson and all those involved in the appeal for their cooperation. Councilmember Anderson asked about the proposal to add trees. Mr. Lake confirmed trees could be sound barriers but stated walls were more effective. Councilmember Anderson further elaborated on the recommendation to use both a wall and trees. Mr. Lake discussed options but said blocking the view completely would be detrimental to the project, noting the applicant would work with staff on adding them in key areas. Dr. Willis talked about effectiveness of trees but stated that a line of trees or hedge did not support noise abatement. Councilmember Yentes asked Town Attorney Payne if the Council revisited the noise ordinance in the future what would it do to existing uses. Town Attorney Payne responded if the Town updated an ordinance it would apply to the existing leases as well and compliance to all ordinances in the Town. Councilmember Yentes clarified that a decision that day would not tie the Town’s hands to enforce compliance, to which Town Attorney affirmed. Councilmember Yentes discussed Sections 42-61 and 42-64 and enforcement. Mayor Peterson noted that businesses could also have those citations given to them under those sections. Councilmember Tilque asked if the noise ordinance was for residents as well as businesses; Town Attorney Payne said that was correct. Councilmember Hendrix asked about likely recourse of the Town by the tenant if there was a violation of the Code after the Code was changed and if the tenant would have to make changes for compliance. Town Attorney Payne provided clarification on potential claims by a tenant. Councilmember Hendrix asked about penalties and cease and desist options. Town Attorney Payne said in that scenario since the Town was the landlord, the Town would be in a better situation and he provided details from the lease agreement. Councilmember Hendrix noted the Council may choose in the future to update the sound code and discussed expenses to the applicant and changes in operations. Mr. Lake said they were speaking in hypotheticals, and he elaborated on the Town’s noise ordinance. Mayor Peterson closed the Public Hearing for Item 54. Councilmember Yentes clarified that she had not already come to a decision on the issue, stating the crux was adjudicating specifics of the noise ordinance. She said she was conflicted and did not take it lightly, adding mitigation needed to be on the front end. She discussed the sound study interpretations and hesitation to add conditions at that point. Councilmember Anderson said the conclusion he was drawing was that neither noise study was stating that there was a violation of the Town Code. He noted the narrow scope and focus of the appeal being heard that night. 19 Councilmember Yentes talked about the nebulous section of the Code language with reasonableness, adding she could not dismiss it entirely and wanted clarity to “marry” Sections 42-61 and 42-64. Mayor Peterson noted to Town Manager Banger and Town Attorney Payne that the sound code needed to be examined. Councilmember Tilque stated she appreciated everyone’s thoughts and had put a lot of thought and time into the topic. She noted she was not on the Council when the project was approved and the need to have neighborhood meetings in the future. She discussed trying to pinpoint the residents’ concerns and the need to find solutions. She summarized the options for an approval with possible stipulations to bring forth a compromise. Mayor Peterson discussed the restrictive nature of the appeal process. Vice Mayor Koprowski stated she did visit the go kart track at Mesa Golfland and said the Public Address (PA) system and loudspeakers were more bothersome. She recommended a strict stipulation to disallow use of a PA system, amplified speakers, and loud whistles at any phase of the project. She summarized the options and discussed noise level comparisons and the effectiveness, expense, and looks of sound walls or trees. She also noted the potential use of mufflers, silencers, or electric go karts. She stated a follow-up noise study after implementation would be useful. Councilmember Hendrix stated he did not mean to be disrespectful to noise expert Lance Willis, but noted Mr. Willis did not make a statement that the project broke the law. He discussed “reasonable man” statutes, noting those were still enforceable. He asked residents to have faith in the law, stating laws would be enforced. He said he was concerned about making stipulations at the meeting when the Design Review Board had already spent more time on those decisions. Councilmember Tilque noted some of the recommendations came from SAP Holdings. Councilmember Hendrix stated the business would do what it needed to do to make it work, meet the statutory guidelines, and work with the neighbors to make their business successful. Councilmember September summarized the options and possible concessions from the list. He said the aftermarket muffler was a good option. He said he did like the stipulation regarding the dBA level for crash noises and sound effects. He said he liked the idea of a developer creating some type of user group and way to see the sound studies to show the numbers were consistent with their modeling. Councilmember Yentes stated the idea regarding loudspeakers would not hurt as a mitigation effort as it was mentioned by SAP Holdings. She said she did like the idea of monitoring the noise studies and expressed the need to mitigate issues for all parties. She noted the need to revisit the noise ordinance in the future and said she would like to hear feedback from the applicant regarding frequency and monitoring noise complaints. 20 Attorney Sean Lake stated the applicant was willing to work on landscaping, use of Honda- approved “super silent” mufflers, and loud speaker restrictions, but noted there was concern regarding the limitation of 60 dBA. He said they would work with staff to determine a reasonable noise level. He discussed conducting more noise studies if neighbors were willing to participate. Appellant Randy Nelson stated the group was not opposed to a wall but wanted to hear more about how to make a wall effective. Councilmember Tilque addressed the 60-dBA limitation, stating the number was pulled from the go kart attachment from a golf kart company. Mayor Peterson discussed the history of the project and her own experiences with noise in her neighborhood near a high school. She said she thought the idea and location for the Adventure Park was a good one and discussed usage for the residents. She said they were not allowed to request electric go karts based on the scope of the design review appeal, which was noise. She said the stipulations discussed were excellent opportunities and noted in the proposed case the Town would be the landlord. Councilmember Tilque reviewed the stipulations to upholding the Planning Commission’s approval of DR20-182. Vice Mayor Koprowski proposed a change: the noise study to be conducted from the nearest residential property line to be brought back to the Council within six months of opening. A MOTION was made by Councilmember Tilque, seconded by Councilmember September, to uphold the Planning Commission’s approval of DR20-182 San Tan Adventure Park - site plan, landscape, grading and drainage, elevations, floor plans, lighting, colors and materials, for approximately 4.55 acres, located at the southwest corner of Santan Village Parkway and Knox Road, and zoned Public Facilities/Institutional (PF/I) subject to the following conditions: developer will install a decorative CMU wall along go kart track, developer shall submit revised plans to Planning prior to building permit submittal; developer will add additional trees and work with the Planning Department to find best solution; installation of Honda-approved aftermarket “super silent” muffler system on go karts or similar; loud speakers shall not be used for park announcements; any siren or crash noises used as sound effects shall not exceed 60 dBA within the park, any mine explosions will be limited to a dust cloud and any noise of explosion and falling debris shall not exceed 60 dBA at the property line; and developer will establish a Crossroads Park Neighbors and User Group and will conduct a noise study from the nearest residential property line and report back to the Council within six months of opening, the developer shall submit a copy of the completed noise study to the Town Clerk’s Office at the end of that time frame which will come back to the Council. Motion carried 6-1, with Mayor Peterson casting the dissenting vote. 55. PROPERTY ACQUISITION - conduct hearing and consider adoption of a Resolution approving the acquisition of right-of-way and easement for Parcel No. 302-82-967 for Gilbert Road and American Heroes Way, Project No. TS1920. 21 Removed from agenda and continued to August 3, 2021. 56. PROPERTY ACQUISITION - conduct hearing and consider adoption of a Resolution approving the acquisition of right-of-way and easement for Parcel Nos. 304-72-019B, 304-72- 021B, 304-72-025G, 304-72-027, 313-07-945, 304-72-029, 304-72-033A, 304-73-003K, 304-73- 003P, 304-73-003R, 304-73-003V, 304-73-003X, 304-73-003Y, 304-73-083, 304-72-031B, 304- 72-020B, 304-72-046E, and 304-72-022B; Lindsay Road - Appleby Road to Spur Road (Layton Lakes), Project No. ST1140. This item was approved with the Public Hearing vote. Resolution No. 4209 was adopted. ADMINISTRATIVE ITEMS 57. COUNCIL ADMINISTRATION - consider adoption of a Resolution designating the Chief Fiscal Officer to submit the FY2021-2022 Expenditure Limitation Report to the Office of the Arizona Auditor General. A MOTION was made by Councilmember Anderson, seconded by Councilmember Yentes, to approve Item 57. Resolution No. 4210 was adopted. 57A. COUNCIL ADMINISTRATION- consider approval of the removal of the Town Logo from the Public Safety Training Facility building. Councilmember September discussed the Town’s new logo and branding, noting the option for Public Safety to not use the new logo. He discussed the size of the new logo and possible removal of it from the new Public Safety Training Facility (PSTF). He discussed the options of removing the 15-foot logo from the building, creating a new logo for Public Safety, or allowing Public Safety to continue using the old logo. He discussed former and current Gilbert Police Department badges and the history of badges in general. He discussed the Fire Department’s logo and the Gilbert Public Safety Challenge Coin with the saying “Honor the past. Serve the present. Prepare for the future.” He said Public Safety was part of the Town of Gilbert and discussed the proper path, chain of command, and inclusivity of the Town and Public Safety, noting he was not asked by staff to bring the item back to the Council. Councilmember Tilque stated Items 57A and 57B should be discussed together and not separately. She discussed consistency and said that all employees were part of Team Gilbert. She said it was a Town-wide unveiling and implementation, and she liked seeing it be consistent. She said she would prefer to have the details discussed and worked out before a motion to remove the logo from the PSTF. Councilmember September discussed the option of relocating the logo if removed from the Public Safety Training Facility. Councilmember Anderson stated having that discussion would create some undue unrest, as it was again considering changing something that was already approved. He said being consistent 22 would be taking every logo off of every building and discussed his experiences with implementing former logos. Councilmember September stated he did not have a problem with the logo but with the inconsistency of the logo. He expressed support of Councilmember Tilque’s comments to consider Items 57A and 57B together. Vice Mayor Koprowski stated she did support the Police and Fire Departments using their own logos. She proposed to table Item 57A and have an internal committee come back to the Council with a recommendation, if Item 57B was approved and an internal committee was created. This item was tabled until a future meeting. 57B. COUNCIL ADMINISTRATION- Discussion on the formation of an internal committee to discuss and make recommendations for potential uses of the Town Logo. There was discussion regarding if Council or staff would serve on the internal committee. Councilmember Tilque recommended staff be on the internal committee because of their expertise. She recommended having three Councilmembers and staff. Councilmember September discussed the formality of having a Council Subcommittee. He advocated for a less-formal committee with one Councilmember and some staff. Councilmember Yentes suggested an internal committee with only a few Councilmembers but requested not to serve on that internal committee. Mayor Peterson reiterated that the Public Safety staff had not requested that the Council revisit the logo item. She stated she would like to stop being surprised about how the logo was being used. Town Attorney Payne suggested an internal committee with two or less Councilmembers if a formal subcommittee was not recommended. Mayor Peterson suggested a seven-member internal committee with Councilmember September serving with staff from various departments. Town Manager Banger stated he would come up with staff to serve in the group. No motion was made on the item, but direction was given to create the internal committee with staff. 58. BOARDS AND COMMISSIONS – consider appointment of one regular member to the Veterans Advisory Board with a partial term beginning June 15, 2021 and ending June 15, 2023. 23 This item was approved with the Consent Calendar vote. Michael Bailey was appointed to the Veterans Advisory Board as a regular member with a partial term beginning June 15, 2021 and ending June 15, 2023. 59. BOARDS AND COMMISSIONS – consider appointment of one regular member to the Redevelopment Commission with a partial term beginning June 15, 2021 and ending October 31, 2022. This item was approved with the Consent Calendar vote. Theodore “TJ” Claassen was appointed to the Redevelopment Commission as a regular member with a partial term beginning June 15, 2021 and ending October 31, 2022. 60. 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 No discussion. COMMUNICATIONS Report from the TOWN MANAGER on current events. Town Manager Banger discussed the end of the fiscal year and thanked the Council and staff. He said the Town looked forward to Fiscal Year 2022. 24 Report from the COUNCIL on current events. There were no reports. Report from the MAYOR on current events. Mayor Peterson announced it would be the last meeting to be held in the current Council Chambers for at least one year due to the renovation of Municipal Center I, as well as the last meeting of the fiscal year and before the July Council break. She stated the Council would begin having Council meetings at the Public Safety Training Facility in August 2021. ADJOURN Mayor Peterson adjourned meeting at 11:15 p.m. 25 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 15th day of June, 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 26

Agenda

Council Meeting Agenda June 15, 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. ADDENDUM ADMINISTRATIVE ITEMS 57A COUNCIL ADMINISTRATION- consider approval of the removal of the Town Logo from the Public Safety Training Facility building. 57B COUNCIL ADMINISTRATION- Discussion on the formation of an internal committee to discuss and make recommendations for potential uses of the Town Logo. 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 are encouraged to wear a mask. 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: 177 398 6039 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: JOIN VIRTUAL WEBEX MEETING HERE 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) Call in option: +1 323-591-8434 Conference ID: 672 921 804# 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 Bert Moll. ROLL CALL PRESENTATIONS; PROCLAMATIONS 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. 1 INTERGOVERNMENTAL AGREEMENT – consider approval of an amendment to Transit Services Intergovernmental Agreement No. 319001200 (Eden No. 2018- 3001-0290) with The Regional Public Transportation Authority to provide local bus and paratransit services for FY2022 and authorize the Mayor to execute the required documents. 2 INTERGOVERNMENTAL AGREEMENT - consider adoption of a Resolution approving Intergovernmental Agreement No. 321000418 with the Arizona Department of Transportation (ADOT) to provide traffic crash incident reports and authorize the Mayor to execute the required documents. 3 INTERGOVERNMENTAL AGREEMENT – consider adoption of a Resolution approving an Intergovernmental Agreement No. 321000434 with the City of Mesa to provide ambulance transportation backup services, and authorize the Mayor to execute the required documents. 4 INTERGOVERNMENTAL AGREEMENT- consider adoption of a Resolution approving Intergovernmental Agreement No. 321000408 with the Town of Queen Creek to provide equipment maintenance and repair services and authorize the Mayor to execute the required documents. 5 INTERGOVERNMENTAL AGREEMENT – consider adoption of a Resolution approving Amendment No. 1 to Intergovernmental Agreement No. 321000036 with the Arizona Department of Transportation (ADOT) for the construction and maintenance of the Lindsay Road at State Route 202 Traffic Interchange and Frontage Road, Project No. ST1580, and authorize the Mayor to execute the required documents. 6 INTERGOVERNMENTAL AGREEMENT – consider approval of Gilbert's proportional share of $190,233 in accordance with Intergovernmental Agreement No. 319000706 between City of Mesa, Town of Queen Creek, and Town of Gilbert for the Greenfield Water Reclamation Plant (GWRP) UPS Replacement Project, Project No. WW0970/Mesa Project No. CP0898GN17, and authorize the Mayor to execute the required documents. 7 DEVELOPMENT AGREEMENT – consider approval and authorize the mayor to execute the required documents of: a) adoption of a Resolution approving the Development Reimbursement and Lien Agreement with Verde Investments, Inc. for infrastructure improvements along the Germann and Lindsay frontages of Parcels 304-54-011E and 304-54-011F, Project No. ST1450; and b) a Contingency Transfer in the amount of $850,000 with Developer Contributions as the designated funding source. 8 AGREEMENT – consider adoption of a Resolution approving Non-Indian Agricultural (NIA) Priority Water Subcontract Agreement No. 321000423 with Central Arizona Water Conservation District (CAWCD) and United States Bureau of Reclamation (USBOR) for Non-Indian Agriculture (NIA) Priority Central Arizona Project (CAP) Water, Project No. WA1060, and authorize the Mayor to execute the required documents. 9 AGREEMENT - consider approval of Professional Consulting Services Agreement Contract No. 321000173 with Sustainability Engineering Group, LLC (SEG) in an amount not to exceed $220,020 for the Heritage District Utility Infrastructure Study, CIP No. RD2260, and authorize the Mayor to execute the required documents. 10 CONTRACT – consider approval of renewal of Contract No. 319000279 with Tyler Technologies in an amount not to exceed $275,101.91 for the annual support and maintenance of the MUNIS software, and authorize the Mayor to execute the required documents. 11 CONTRACT - consider approval of Cooperative Purchase Agreement No. 321000406 with Home Depot U.S.A., Inc., utilizing Maricopa County/Omnia Partners Cooperative Purchasing Contract No. 16154, in an amount not to exceed $150,000 annually for maintenance, repairs, operational supplies, parts, equipment and materials; and authorize the Mayor to execute the required documents. 12 CONTRACT - consider approval of Cooperative Purchase Agreement No. 321000405 with Lowe's Home Centers, LLC, utilizing Region 4 Education Service Center/Omnia Partners Cooperative Purchasing Contract No. R192006 in an amount not to exceed $150,000 annually for maintenance, repairs, operational supplies, parts, equipment, and materials; and authorize the Mayor to execute the required documents. 13 CONTRACT - consider approval of: a) Architectural/Engineering (A/E) Services for Construction Manager at Risk (CM@R) Contract No. 321000417 with Black and Veatch in an amount not to exceed $363,772 for North Water Treatment Plant South Reservoir Water Quality Improvements, Project No. WA1582, and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the Water Fund in the amount of $370,000. 14 CONTRACT – consider approval of: a) Job Order No. 5 to Job Order Contract (JOC) No. 320000232 with MGC Contractors, Inc. in an amount not to exceed $184,000 for Well 8 Site Facility Repair, Project No. WA1557, and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the Water Replacement Fund to Project No. WA1557 in the amount of $200,000. 15 CONTRACT – consider approval and authorize the Mayor to execute the required documents of: a) Task Order No. 10 to Job Order Contract (JOC) Contract No. 320000098 with Felix Construction Company in an amount not to exceed $196,234.46 for Well 20/Site 20 Emergency Repairs and Site Recovery, Project No. WA1598; b) Task Order No. 12 to Job Order Contract (JOC) Contract No. 320000098 with Felix Construction Company in an amount not to exceed $255,077.73 for Well 20/Site 20 Emergency Repairs and Site Recovery, Project No. WA1598; c) Architectural/Engineering (A/E) Services for Design-Bid-Build (DBB) Project Contract No. 321000446 with Brown and Caldwell Inc. in an amount not to exceed $43,786 for Well 20/Site 20 Emergency Repairs and Site Recovery, Project No. WA1598 and d) a Contingency Transfer from the Water Replacement Fund to establish Project No. WA1598 in the amount of $510,000 in FY2021 and FY2022. 16 CONTRACT – consider approval of Pre-Construction Services for Construction Manager at Risk (CM@R) Contract No. 321000274 with Sundt Construction, Inc. in an amount not to exceed $180,242 for the Ocotillo Road Improvements - Greenfield to Higley, Project No. ST0540, and authorize the Mayor to execute the required documents. 17 CONTRACT – consider approval and authorize the Mayor to execute the required documents of: a) Job Order No. 4 to Job Order Contract (JOC) Contract No. 320000232 with MGC Contractors, Inc. in an amount not to exceed $1,644,779.07 for the Reclaimed Water Recovery Well at Cactus Yards, Project No. WW0890; and b) a Contingency Transfer from the Neely Wastewater System Development Fees (SDF) Fund to Project No. WW0890 in the amount of $400,000. 18 CONTRACT – consider approval and authorize the Mayor to execute the required documents of: a) Construction Services for Design-Bid-Build (DBB) Project Contract No. 321000349 with Archer Western Construction LLC for Construction Services in an amount not to exceed $6,999,641.04 for South Recharge Site Phase II, Project. No. WW0770; and b) Change Order No. 1 to Contract No. 319000588 (Eden No. 2018-2106-0148) with Brown and Caldwell increasing the contract amount by $194,716 for engineering design and construction support services of South Recharge Site Phase II, Project WW0770. 19 CONTRACT – consider approval of Architectural/Engineering (A/E) Services Contract for Construction Manager at Risk (CM@R) Project, Contract No. 321000456 with SmithGroup Inc. in an amount not to exceed $376,240 to provide design and engineering services for University Building 4th Floor Tenant Build-out, Project No. RD2265, and authorize the Mayor to execute the required documents. 20 CONTRACT – consider approval of and authorize the Mayor to execute the required documents: a) Agreement for Professional Consulting Services Contract No. 321000427 with Kittelson & Associates, Inc., in an amount not to exceed $268,123 for the Heritage District Intersection Study- Traffic Circulation, Project No. RD2120; b) Project Management (PM) Services Contract No. 321000426 with Lokahi, LLC, in an amount not to exceed $65,420 for the RD2120 Heritage District Intersection Study- Circulation Plan, Project No. RD2120; and c) a Contingency Transfer from the Roadway and Maintenance Fund in the amount of $333,550. 21 CONTRACT – consider approval of and authorize the Mayor to execute the required documents: a) Architectural/Engineering (A/E) Services Contract for Construction Manager at Risk (CM@R) Project, Contract No. 321000424 with HDA Architects, LLC, in an amount not to exceed $104,369 for the Primary Emergency Operation Center Improvements, Project No. MF2527; and b) Project Management/Construction Management (PM/CM) Services Contract for Construction Manager at Risk (CM@R) Project, Contract No. 321000425 with CookDZ, LLC, in an amount not to exceed $44,960 for the Primary Emergency Operation Center Improvements, Project No. MF2527. 22 CONTRACT – consider approval of: a) Task Order No. 106 to Job Order Contract (JOC) Contract No. 319000397 with CS Construction Inc. in an amount not to exceed $477,049.50 for the traffic signal on Gilbert Road and American Hero’s Way, Project No. TS1920, and authorize the Mayor to execute the required documents; and b) a Contingency Transfer in the amount of $253,774 with Traffic Signal System Development Fees (SDF) Fund as the designated funding source. 23 CONTRACT – consider approval of: a) Contract No. 321000389 with Routeware Inc. in an amount not to exceed $498,500 for solid waste records management, GPS, and routing software, Project No. MF2525, and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the Environmental Services Residential Fund in the amount of $10,000. 24 CHANGE ORDER – consider approval of Change Order No. 1 to Contract No. 321000232 with Carahsoft Technology Corporation increasing the contract amount by $49,244 to procure software related to cybersecurity and vulnerability management, and authorize the Mayor to execute the required documents. 25 CHANGE ORDER – consider approval of Change Order No. 2 to Contract No. 321000043 with Sentinel Technologies, Inc. increasing the contract amount by $39,584.43 for providing network equipment, professional services, unified communications, and security products; and authorize the Mayor to execute the required documents. 26 CHANGE ORDER – consider approval of Change Order No. 1 to Contract No. 321000151 with Tyler Technologies Inc. increasing the contract amount by $83,139.67 for new EnerGov licenses, and authorize the Mayor to execute the required documents. 27 CHANGE ORDER – consider approval and authorize the Mayor to execute the required documents of: a) Change Order No. 1 to Contract No. 321000076 with Hye Tech Networks and Security Solutions, LLC increasing the contract amount by $533,008.15 for providing network equipment, services, infrastructure, unified communications and security products; and b) a Contingency Transfer from the General Fund in the amount of $533,008.15. 28 CHANGE ORDER – consider approval of: a) Change Order No. 1 to Contract No. 321000145 with Hughes Fire Equipment Inc. increasing the contract amount by $851,983.52 for the purchase of one additional Quantum Pumper and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the General Replacement Fund in the amount of $851,990. 29 CHANGE ORDER – consider approval of Change Order No. 2 to Contract No. 319001082 with Devau Human Resources increasing the contract amount by $41,000 for temporary events and sports tournament staffing, and authorize the Mayor to execute the required documents. 30 CHANGE ORDER – consider approval and authorize the Mayor to execute the required documents of: a) Change Order No. 1 to Contract No. 320000345 with Corona Environmental Consulting LLC increasing the contract amount by $1,202,000 for Professional Services for Pilot Support and Design Support Services, Project No. WA1589; b) Change Order No. 1 to Contract No. 320000346 with Waterworks Engineers LLC increasing the contract amount by $14,780,827 for Engineering Design Services for Full Design Services, Project No. WA1589; and c) Change Order No. 1 to Contract No. 320000347 with Sundt/PCL Joint Venture increasing the contract amount by $2,667,835 for Pre-Construction Services in support of Full Design, Project No. WA1589. 31 CHANGE ORDER- consider approval of: a) Construction Services Contract for Construction Manager at Risk (CM@R) Project Contract No. 321000419 with Willmeng Construction, Inc. in an amount not to exceed $12,412,931 for Municipal Center I Renovation, Project No. MF0530; b) Change Order No. 4 to Contract No. 319000604 with M. Arthur Gensler & Associates increasing the contract amount by $163,560 for Municipal Center I Renovations- Phase II, Project No. MF0530; c) Change Order No. 3 to Contract No. 319000894 with CookDZ, LLC increasing the contract amount by $352,280 for Municipal Center I Renovations construction management services, Project No. MF0530 and authorize the Mayor to execute the required documents; and d) a Contingency Transfer from the General Replacement Fund in the amount of $250,000. 32 CHANGE ORDER – consider approval of: a) Change Order No. 1 to Contract No. 320000133 with Haydon Building Corporation increasing the contract amount by $406,679.05 for Val Vista Road Improvements, Project No. ST1120, and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the MAG Revolving Fund in the amount of $406,680. 33 CHANGE ORDER – consider approval of Change Order No. 1 to Contract No. 319000517 with Dibble Engineering in an amount not to exceed $253,058.62 for design and construction improvements to Lindsay Road, Queen Creek to Ocotillo, Project No. ST1140, and authorize the Mayor to execute the required documents. 34 CHANGE ORDER - consider approval of Change Order No. 1 to Contract No. 319001007 with Wood, Patel & Associates, Inc. increasing the contract amount by $37,156.34 for Val Vista Road Improvements, Project No. ST1690, and authorize the Mayor to execute the required documents. 35 CHANGE ORDER- consider approval of Change Order No. 2 to Contract No. 319000988 with Project Engineering Consultants (PEC) increasing the contract amount by $3,675.18 for assistance with the application for MAG Grant Funding of Project Nos. ST1790 and PM10 Paving, and authorize the Mayor to execute the required documents. 36 PURCHASE - consider adoption of a resolution approving the purchase cost for acquisition of the required right of way and easements for improvements to Parcel No. 304-55-016D, Germann Road - Mustang to Val Vista and Lindsay - Pecos to Lovebird, Project No. ST1450, in the amount of $15,691. 37 PURCHASE – consider adoption of a resolution approving the purchase cost for acquisition of the required right of way and easements for improvements to Parcel No. 304-55-016M, Germann Road - Mustang to Val Vista and Lindsay - Pecos to Lovebird, Project No. ST1450, in the amount of $32,095. 38 BUDGET – consider approval of a Contingency Transfer from the General Fund Contingency to the Grant Fund in the amount of $700,000 to cover COVID and protest expenses that have not been reimbursed through other channels. 39 BUDGET – consider approval of: a) a Contingency Transfer from the General Fund Contingency in the amount of $302,260 for non-reimbursable expenses related to COVID-19; and b) a Contingency Transfer from the Environmental Services – Residential Fund in the amount of $78,080 for non-reimbursable expenses related to COVID-19. 40 GRANT – consider adoption of a Resolution approving the acceptance of the Town of Gilbert's allocation of American Rescue Plan (ARP) Funds, from U.S. Department of Treasury Coronavirus State and Local Fiscal Recovery Fund in the amount of $24,159,871, and authorizing the Mayor and Town Manager to accept the U.S. Department of Treasury’s terms and conditions. 41 GRANT - consider: a) application and acceptance of a grant, Contract No. 321000430, from the Law Enforcement Mental Health and Wellness Act (LEMHWA) Grant from the Department of Justice Community Oriented Policing Services in an amount not to exceed $125,000 for the enhancement of Officer Wellness program and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the Grant Contingency Fund in the amount of $125,000 for FY2022. 42 GRANT - consider application and acceptance of a pass-through 12% Gaming Contribution Grant, Contract No. 321000431, from the Ak-Chin Indian Community in the amount of $350,000 and authorize the Mayor to execute the required documents. 43 FINAL PLAT S20-08 - consider approval of the final plat for Gabriella Pointe Commerce Center located at the southeast corner of Higley Road and Warner Road. 44 FINAL PLAT EREVIEW 2021-00006 - consider approval of the Minor Subdivision of Contreras Farms located east of the northeast corner of Higley Road and Mews Road. 45 FINAL PLAT S20-03 - consider approval of the final plat for Cordillera Vista Estates located south and west of the southwest corner of Riggs Road and Higley Road. 46 FINAL PLAT DR20-0087 - consider approval of the final plat for PB Bell at Gilbert Commons located north and west of the northwest corner of Cooper Road and Merrill Avenue. 47 FINAL PLAT DR19-152 - consider approval of the final plat for "The Bungalows on Ray" located at the northwest corner of Ray Road and Santan Village Parkway. 48 HUMAN RESOURCES – consider approval of and authorize the Mayor to execute the required documents: a) Amendment to Judicial Services Employment Agreement No. 321000437 with Associate Judge James Dunham with an effective date of July 1, 2021; b) Amendment to Judicial Services Employment Agreement No. 321000438 with Associate Judge Alison Ferrante with an effective date of July 1, 2021; c) Amendment to Judicial Services Employment Agreement No. 321000439 with Associate Judge Nicole Laurin with an effective date of July 1, 2021; and d) Amendment to Judicial Services Employment Agreement No. 321000448 with Presiding Judge David Cutchen with an effective date of July 1, 2021. 49 RISK MANAGEMENT - consider approval of insurance coverage renewal policies in an amount not to exceed $2,172,251 and authorize staff to execute the necessary documents of: a) Property and Equipment Insurance coverage with American International Group (AIG) for FY 2021-2022; b) Public Entity Liability insurance, Umbrella/Excess Liability, Auto Liability, and Auto Physical Damage coverage with various carriers for FY2021-2022; c) Excess Liability Insurance coverage with various carriers for FY2021-2022; d) Cyber Insurance coverage with various carriers for FY2021-2022; e) Storage Tank Insurance coverage with Liberty for FY2021-2022; f) Crime Insurance coverage with Great American for FY2021-2022; and g) Contractor’s Equipment Insurance coverage with Starr for FY2021-2022. 50 MINUTES- consider approval of the minutes of the Regular Meeting of June 1, 2021, Study Session of June 1, 2021, and Special Meetings of May 10, 2021 and June 1, 2021. 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. 51 LIQUOR LICENSE – conduct hearing and consider approval of a Series 9 Liquor Store Alcohol License for Frys Food and Drug #615 located at 1455 North Higley Road. 52 ANNEXATION A21-01-consider adoption of an Ordinance approving the annexation of approximately 19.18 acres located at the southeast corner of Swan Drive and Warner Road. A public hearing was held on 6-1-2021. 53 ZONING Z21-02 - conduct hearing and consider approval of the findings and adoption of an Ordinance for Hopewell Industrial Park, amending the official zoning map and zoning classification of approximately 19.98 acres of real property located at the southeast corner of Swan Drive and Warner Road from Maricopa County Airport District Three (AD-3) zoning district to Town of Gilbert Light Industrial (LI) zoning district. 54 ZONING - AP21-01 (DR20-182) - conduct hearing and consider appeal to the Gilbert Town Council from the Town of Gilbert Planning Commission's/Design Review Board approval of a Design Review for Santan Adventure Park on approximately 4.55 acres located at the southwest corner of Santan Village Parkway and Knox Road and zoned Public Facilities/Institutional (PF/I). The Town Council may uphold the approval, modify, or reverse the decision of the Design Review Board. 55 PROPERTY ACQUISITION - conduct hearing and consider adoption of a Resolution approving the acquisition of right-of-way and easement for Parcel No. 302-82-967 for Gilbert Road and American Heroes Way, Project No. TS1920. 56 PROPERTY ACQUISITION - conduct hearing and consider adoption of a Resolution approving the acquisition of right-of-way and easement for Parcel Nos. 304-72-019B, 304-72-021B, 304-72-025G, 304-72-027, 313-07-945, 304-72-029, 304-72-033A, 304-73-003K, 304-73-003P, 304-73-003R, 304-73-003V, 304-73-003X, 304-73- 003Y, 304-73-083, 304-72-031B, 304-72-020B, 304-72-046E, and 304-72-022B; Lindsay Road - Appleby Road to Spur Road (Layton Lakes), Project No. ST1140. 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. 57 COUNCIL ADMINISTRATION - consider adoption of a Resolution designating the Chief Fiscal Officer to submit the FY2021-2022 Expenditure Limitation Report to the Office of the Arizona Auditor General. 58 BOARDS AND COMMISSIONS – consider appointment of one regular member to the Veterans Advisory Board with a partial term beginning June 15, 2021 and ending June 15, 2023. 59 BOARDS AND COMMISSIONS – consider appointment of one regular member to the Redevelopment Commission with a partial term beginning June 15, 2021 and ending October 31, 2022. 60 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.

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