Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF TUESDAY, AUGUST 03, 2021 AT 6:30 PM, GILBERT PUBLIC SAFETY TRAINING FACILITY, ATLAS AUDITORIUM, 6860 SOUTH POWER ROAD, 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 AGENDA ITEM CALL TO ORDER Mayor Peterson called the meeting to order at 6:47 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Anderson led the Pledge of Allegiance. Dr. Dan Mooney, Pastor of Elliot Road Baptist Church, gave the invocation. ROLL CALL Town Clerk Herrera called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS 1. PROCLAMATIONS - Proclamations that were issued and not presented during a Council Meeting are as follows: Proclamation declaring the month of August 2021 as Child Support Awareness Month. This proclamation was issued but not presented at the Council meeting. 2. RECOGNITION - Recognition of Brie Chiarella as Ms President US Gilbert based on her campaign for animal rights. Mayor Peterson stated that Brie Chiarella was not available and this item would be scheduled for a future meeting. COMMUNICATIONS FROM CITIZENS Sandra Avery, Gilbert resident, discussed the noise ordinance and made a recommendation to have someone available who was an acoustic expert to explain different sounds and give a noise assessment. She stated she was looking forward to further information and action. 1 Brandon Ryff, Gilbert resident, talked about four active investigations involving the Mayor. He expressed frustration that Town staff had not followed up with him to investigate his complaint filed against the Mayor. He stated that he spoke to a Town employee who reached out to him and shared stories about toxic work environments and detailed some of the areas of concern. He expressed his embarrassment of the negative publicity the Town continued to receive and requested the Mayor think about her actions and the Town. Jim Torgeson, Gilbert resident, discussed his concerns with the Town Council’s behavior. He cited Code of Gilbert; Chapter 1, General Provisions; Article 2, Mayor and Council; Division 3 Rules of Order and Procedure; Section 1-90, Disorderly Conduct; Fine; Expulsion. He detailed some of his concerns related to the investigations involving the elected official’s code of ethics. He discussed the optics of the Town Council and asked Councilmembers to consider the perception. He asked for closure on the investigations. Chris Lineberry, Gilbert resident, provided a handout to the Council. He highlighted information on multiple violations Tilda Manor Group Home had received and expressed his concern. He referred to a Town Ordinance and remarked that no corrective action had taken place. He urged the Council to help keep children safe and have a zoning ordinance that was enforceable. Larry Hahn, Gilbert resident, expressed concern with some of the occupants of Tilda Manor and stated that the Town needed to do something to help the community and get the business closed down before something happened. He mentioned the proximity of a school and parks to Tilda Manor. He suggested something be done about Tilda Manor before someone got hurt. CONSENT CALENDAR A MOTION was made by Councilmember September seconded by Councilmember Tilque, to approve Consent Items 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16; and remove Item 14 from the Consent Calendar. Motion carried 7-0. 3. INTERGOVERNMENTAL AGREEMENT – consider approval of: a) adoption of a Resolution approving Amendment No. 3 to Intergovernmental Agreement No. 319000354 with The City of Mesa for Crime Scene Services and Specified Laboratory Services and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the General Fund to the Police General Fund in the amount of $52,000 for FY2022. This item was approved with the Consent Calendar vote. Resolution No. 4214 was adopted. 4. AGREEMENT – consider approval of Agreement No. 321000429 with Salt River Project (SRP) and participating entities for the shared costs associated with seeking to obtain approval for Operation of the Flood Control Space in Modified Roosevelt Dam under a Temporary Deviation to Water Control Plan, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 5. CONTRACT – consider approval of a Cooperative Purchase Agreement No. 321000476 with Graybar Electric Company Inc. utilizing Kansas City, Missouri (OMNIA Partners) Cooperative Purchasing Contract No. EV2370 in an amount not to exceed $150,000 annually for electrical, lighting, data 2 communications and security products and related products and services, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 6. CONTRACT – consider approval of the following Cooperative Purchasing Agreements for Water and Wastewater Motor, Pump, Well Repair and Replacement Services utilizing City of Mesa Cooperative Purchasing Contract No. 2020112 and authorize the Mayor to execute the required documents for: a) Cooperative Purchase Agreement No. 321000452 with Hennesy Mechanical Sales (HMS), LLC in an amount not to exceed $500,000; b) Cooperative Purchase Agreement No. 321000453 with Southwest Waterworks Contractors PM, LLC dba Pumpman Waterworks in an amount not to exceed $500,000; c) Cooperative Purchase Agreement No. 321000454 with Weber Water Resources LLC in an amount not to exceed $600,000; and d) Cooperative Purchase Agreement No. 321000455 with Phoenix Pump, Inc. in an amount not to exceed $150,000. This item was approved with the Consent Calendar vote. 7. CONTRACT – consider approval of Task Order No. 26 to Job Order Contract (JOC) Contract No. 319001058 with Sunland Asphalt in an amount not to exceed $537,516.20 for Turn Lane Safety and Congestion Improvements, Project No. ST1540, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 8. CONTRACT – consider approval of expenditures under Contract No. 320000248 with Motorola Solutions, Inc. in an amount not to exceed $188,496.42 for providing Public Safety with two-way radios and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 9. CONTRACT – consider approval of the purchase of five (5) vehicles for various departments pursuant to: a) Cooperative Purchase Agreement No. 319000038 with San Tan Ford in an amount not to exceed $137,820.21; b) Cooperative Purchase Agreement No. 319000032 with Courtesy Chevrolet in an amount not to exceed $49,640.74, and authorize the Mayor to execute the required documents; c) a Contingency Transfer from the General Fund in the amount of $94,329.77; d) a Contingency Transfer from the General Replacement Fund in the amount of $49,640.74; and e) a Contingency Transfer from the Wastewater Replacement Fund in the amount of $43,490.44. 3 This item was approved with the Consent Calendar vote. 10. CONTRACT – consider approval of: a) expenditures utilizing Contract No. 319001233 with Sentinel Technologies, Inc. in an amount not to exceed $266,000 for providing VMware infrastructure products and services and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the General Fund in the amount of $266,000. This item was approved with the Consent Calendar vote.11. CONTRACT – consider approval of: a) Task Order No. 3 to Job Order Contract (JOC) Contract No. 320000230 with Haydon Building Corporation in an amount not to exceed $352,391.85 for 16" Power Road Water System Loop, Project No. WA1544, and authorize the Mayor to execute the required documents; and b) A Contingency Transfer for the Water Fund in the amount of $268,000. This item was approved with the Consent Calendar vote. 12. BUDGET - Consider approval of a Contingency Transfer from the General Fund Contingency to the Water Tower Plaza budget in the amount of $53,400 for the Water Tower Plaza water feature improvement project. This item was approved with the Consent Calendar vote. 13. FINAL PLAT S21-08 - consider approval of the final plat for The Shops at Evans Ranch Condominium located north of the northeast corner of Val Vista Drive and Riggs Road. This item was approved with the Consent Calendar vote. 14. LEGAL – consider approval of a settlement agreement with Sierra Signs & Service, Inc., resulting in a payment to the Town of $20,000, and transfer of outfield graphic files; and authorize the Mayor to execute the required documents and the Town Manager to take all actions necessary to effect such settlement. Councilmember Yentes asked Legal if approving Item 14 would prohibit the Town from pursuing debarment from Sierra Signs & Service, Inc. Town Attorney Payne replied that since the Town Code of debarment was done administratively, the Town’s Purchasing Manager would have authority to do so separately. Councilmember Tilque asked if a motion would be required by the Council for the Town Purchasing Manager to pursue debarment. Town Attorney explained that debarment was an administrative act that would be up to the Town’s Purchasing Manager to pursue, not the Town council. Councilmember Yentes asked if the Town Council could take an action to pursue debarment. Town Attorney Chris Payne confirmed that debarment and suspension of Town’s vendors was an authority granted to the Town purchasing manager by town code. A Motion was made by Councilmember Yentes, second by Councilmember Anderson, to approve Item 14. Motion carried 7-0. 4 15. RISK MANAGEMENT - consider acceptance of the Risk Management Quarterly report for the Fiscal Year 2021 Quarter 4. This item was approved with the Consent Calendar vote. 16. MINUTES - consider approval of the minutes for the Regular Meeting of June 15, 2021, Study Session of June 15, 2021, and Special Meeting of June 14, 2021. This item was approved with the Consent Calendar vote. At the conclusion of the consent calendar, Jim Torgeson, Gilbert resident, stated that he wished to speak on Item 14, and it was not addressed. Mayor Peterson and Vice Mayor Koprowski explained that public comments were not typically allowed during for Consent items. At the request of Mayor Peterson, Town Attorney Payne summarized Town Code and Arizona State Law, noting there was no public right to comment on Consent items. PUBLIC HEARING Mayor Peterson opened the public hearing for Items 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, and 29. No one wished to speak, and Mayor Peterson closed the public hearing. A MOTION was made by Councilmember Yentes, seconded by Councilmember September, to approve public hearing Items 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, and 29. Motion carried 7-0. 17. LIQUOR LICENSE – conduct hearing and consider approval of a Series 7 Beer and Wine Alcohol License for Palace Nail Lounge located at 5052 South Power Road, Suite 103. This item was approved with the Public Hearing Vote. 18. LIQUOR LICENSE – conduct hearing and consider approval of a Series 7 Beer and Wine Alcohol License for GCM Liquor located at 118 North Gilbert Road. This item was approved with the Public Hearing Vote. 19. LIQUOR LICENSE – conduct hearing and consider approval of a Series 7 Beer and Wine Alcohol License for Wicked Rain A PNW Craft Beer Bar located at 1817 East Baseline Road, Suite 101. This item was approved with the Public Hearing Vote. 20. LIQUOR LICENSE – conduct hearing and consider approval of a Series 10 Wine and Beer Store Alcohol License for Ray Quick Mart located at 797 East Ray Road. This item was approved with the Public Hearing Vote. 21. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Alcohol License for Cracker Barrel #763 located at 1799 North Higley Road. This item was approved with the Public Hearing Vote. 5 22. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Alcohol License for Sushi Rock and Grill located at 3306 South Higley Road, Suite 105. This item was approved with the Public Hearing Vote. 23. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Alcohol License for Social Axe Throwing located at 2530 South Val Vista Road, Suite 103. This item was approved with the Public Hearing Vote. 24. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Alcohol License for Flower Child located at 1950 East Williams Field Road, Suite 101. This item was approved with the Public Hearing Vote. 25. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Alcohol License for Surf City Sandwich located at 5482 South Power Road, Suite 101. This item was approved with the Public Hearing Vote. 26. ANNEXATION A21-02 - conduct hearing on the proposed annexation of approximately 14 acres located at east of the southeast corner of Recker (Sanders) and Warner Roads. This item was approved with the Public Hearing Vote. 27. GENERAL PLAN GP20-04/ZONING Z20-09 – conduct hearing and consider: a) adoption of a Resolution approving a Minor General Plan Amendment to change the land use classification of approx. 5.0 acres generally located west of the southwest corner of Val Vista and ray Roads from Residential > 2-3.5 DU/Acre to Residential > 3.5-5 DU/Acre; and b) approval of the findings and adoption of an Ordinance for rezoning approx. 5.0 acres of real property generally located west of the southwest corner of Val Vista and Ray Roads from Single Family-35 (SF- 35) zoning district to Single Family-Detached (SF-D) zoning district with a Planned Area Development overlay zoning district (PAD). This item was approved with the Public Hearing Vote. Resolution No. 4215 and Ordinance No. 2806 were adopted. 28. CODE OF GILBERT - conduct hearing and consider adoption of an Ordinance amending the Code of Gilbert, Arizona, Chapter 66 Utilities, by amending Article VIII Water Conservation, by amending Section 66-351 Definitions related to the definitions of “Non-per Capita Conservation Program or NPCCP”; by amending Section 66-352 Water Conservation Officer relating to section implementation; by amending Section 66-355 Limitations on new water features related to children’s recreation features; by amending Section 66-362 Landscaping in new Single-Family and Multi-Family developments related to percentage of allowable water intensive landscaped area for reclaimed water using developments and certain irrigation system requirements; by amending Section 66-363 Model homes in new residential developments related to certain irrigation system requirements; by deleting Section 66-371 Water Conservation Plans; by amending Section 66-372 Landscaping in non-residential developments related to percentage of allowable water intensive landscaped area for reclaimed water using developments and 6 certain irrigation system requirements; providing for repeal of conflicting ordinances; and providing for severability. This item was approved with the Public Hearing Vote. Ordinance No. 2807 was adopted. 29. CODE OF GILBERT - conduct hearing and consider adoption of an Ordinance amending the Code of Gilbert, Arizona, Chapter 66 Utilities, by amending Article VIII Water Conservation, by amending Section 66-380 Purpose of Plan; amendments by making technical changes; by amending Section 66-381 Declaration of Stages related to the causes of declaration for each stage; by amending Section 66-382 Public Notice relating to stage names; by amending Section 66-383 Mandatory Actions related to sale of construction water and construction of new water features during certain stages; by amending Section 66- 384 Enforcement related to technical amendments pertaining to enforcement actions; providing for repeal of conflicting ordinances; and providing for severability. This item was approved with the Public Hearing Vote. Ordinance No. 2808 was adopted. 30. CODE OF GILBERT - conduct hearing and consider adoption of an Ordinance amending the Code of Gilbert, Arizona, by amending Chapter 1 General Provisions, Article II Mayor and Council, Division 3 Rules of Order and Procedure, Sections 1-86 Regular Meetings; Study Sessions, 1-87 Special Meetings, 1-92 Order of Business, 1-95 Addressing the Council, and 1-96 Disruption of Meeting; Penalty; and providing for repeal of conflicting ordinances. Mayor Peterson opened the Public Hearing for Item 30. Town Attorney Chris Payne summarized the item. He explained that the Ordinance would propose changes to the Code to correct any inconsistencies within the sections. Mayor Peterson explained the topic was brought to the Council’s attention when some members of the public reached out to her about Communication from Citizens. After reviewing the Code, she discovered that the Council had not been following the ordinance the way it was written in the Code. She gave examples of some of the changes that the ordinance would propose. Councilmember Tilque reaffirmed the Town Code needed to be reviewed. She recommended the wording in the Code be clarified to address concerns the citizens may have over the Council’s engagement in the process of the Public Hearing. Councilmember Hendrix stated the public comments should precede the Council discussions at Council meetings in order to follow Robert’s Rules of Order. Doralise Machado-Lidell, Gilbert resident, discussed the changes related to the three-minute rule in the public meeting process. She stated it was extremely difficult to communicate in front of the Council when you are limited to three minutes. She stated limiting citizen input might have unattended consequences. She asked for the Council to reconsider the Ordinance and for the three-minute rule to stay the same. Jim Torgeson, Gilbert resident, expressed his concerns with limitations to public speech. He stated it upset him that the Council would consider reducing the amount of time the citizens had to speak to the Council during the meeting in order to adhere to Town Code. Matt Nielsen, Gilbert resident, read a statement regarding citizens making their voices heard and that elected officials should prioritize time for public comment. He discussed issues in restricting speech and 7 that allowing the Mayor to determine which citizens could speak and for how long was undemocratic and un-American. He urged the Council to vote the Code changes down. William Schneider, Gilbert resident, stated it was important that people had the chance to address their grievances with the Council. He urged Council to not approve the Item. Mayor Peterson closed the Public Hearing for Item 30. Councilmember Tilque expressed concern with having a time limit restricting the amount of people allowed to speak during Council meetings. She discussed Town Code; Chapter 1, General Provisions; Article 2, Mayor and Council; Division 3, Rules of Order and Procedure; Section 1.96, Disruption of meeting; penalty. She stated the language was archaic and needed to be updated. She supported the three minutes time allotment for each to speaker. Councilmember September addressed Councils responsibility to hear the public. He talked about the critical need to hear all the residents who wanted to speak at a Council meeting. He agreed with Councilmember Tilque that the Code was outdated to needed to be reviewed. Vice Mayor Koprowski apologized for limiting speech of the citizens during public comment at Council meetings. She stated she did not have prior knowledge of the Code and the valuable feedback received from citizens during Council meeting was a necessity. She said she supported revisiting the Code for revision and suggested having a plan of action in place to adjust to the circumstances of the meeting being held. Councilmember Yentes stated that the item should have been a topic introduced to Council prior to the meeting during a Study Session. She commented the item needed more time for review and Council input before a vote could be made since the Code would impact the way all future Council meetings would be conducted. Councilmember Anderson stated he was not convinced the item was broken and needed to be fixed, adding he supported tabling or postponing the vote for a future meeting. Councilmember Hendrix commented he did not agree with the proposed item. He stated the Council was not following Robert’s Rules of Order and remarked the Council could not function based on those rules. He read a couple of quotes and comments from parliamentary procedures. He pointed out that the Code had nothing to do specially with the current Mayor but was an outdated document that had been used by all Mayors of the Town previously for thirty-six years. He stated he did not agree with giving the authority appointed to the Council to the Mayor and would like to have the item postponed for a future meeting. Councilmember Tilque clarified that the proposed Code was not intended to take away any of the Council authority during Council meetings. She stated she was not ready to vote on the item until the item language could be updated and not impact the public’s ability to speak in front of the Council. Mayor Peterson declared the Code was updated and being put forward to the Council to address questions that had been brought to her by a Councilmember and members of the public. She stated the item was reviewed by Town Attorney Payne and herself to compare the Town Code to the past and current procedures of Council meetings, adding Town Attorney Payne was asked to make recommendations. She wanted to clarify that there was no malicious or malice intent behind this decision to update the code. She pointed out that the aim of this item was to take the opportunity to bring forward a discussion about the code at a public hearing. She wanted to make sure the code reflected what was currently being done at the 8 council meetings. She stated the item did not have to be voted on at the meeting and would be open to having it discussed during a study session or tabled for a future agenda. Town Attorney Chris Payne informed the Mayor the council had the options of making a motion to continue the item to a future date or table the item indefinitely. Mayor Peterson stated to table the item in order to do more research and to make sure the code would reflect the discussions had at tonight meeting. Item was tabled. ADMINISTRATIVE ITEMS 31. BOARDS, COMMISSIONS, AND COMMITTEES - reports from Council Liaisons for the: a) Council Subcommittees b) Ad Hoc Committees c) Regional Meetings d) Industrial Development Authority e) Judicial Selection and Advisory Board f) Mayor’s Youth Advisory Committee g) Parks and Recreation Board h) Planning Commission i) Police and Fire Public Safety Personnel Retirement System (PSPRS) Local Pension Boards j) Redevelopment Commission k) Town of Gilbert, AZ Deferred Compensation Trust Board l) Town of Gilbert, AZ Public Facilities Municipal Property Corporation m) Town of Gilbert, AZ Self-Insured Trust Fund Board n) Town of Gilbert, AZ Water Resources Municipal Property Corporation o) Utilities Board p) Veterans Advisory Board Councilmember September stated the Planning Commission would be meeting at the Police and Fire Administration Building located at 75 E. Civic Center Drive during the Municipal Center I renovation. He thanked staff for the coordination of these efforts. Mayor Peterson noted that Planning and Redevelopment Commissions’ meetings would also be held at the Police and Fire Administration Building located at 75 E. Civic Center Drive during the renovation period. POLICY ITEMS None. FUTURE MEETINGS No discussion. COMMUNICATIONS Report from the TOWN MANAGER on current events. 9 Town Manager Patrick Banger thanked Allyna Bay, Eric Garcia, Eugene Mejia, Rene’ Carlin, Lieutenant Kenneth Davis, and Town staff for helping transition the Council meetings into the Public Safety Training Facility building. He noted efforts to correct issues with sound for the Council meetings. He recognized employee Building and Fire Inspection Supervisor Erik Zavala for receiving the Award of Excellence recognizing him for his dedication and hard work over the past year to the Arizona Building Officials Association as well as his work in Gilbert. Report from the COUNCIL on current events. There were no reports. Report from the MAYOR on current events. Mayor Peterson made an announcement regarding the primary purpose of the Public Safety Training Facility (PSTF), noting that the PSTF would be used as a temporary location for Council meetings for approximately one year, due to the renovation of Municipal Center I. She reviewed the protocol for Council meetings at the new location and announced a public open house that would take place on August 14, 2021 at the PSTF. Mayor Peterson congratulated the members of the Ambulance Transportation Division. She stated it was a momentous occasion to witness the members being pinned with Paramedic badges, and EMT badges. She congratulated Gilbert resident MyKayla Skinner, Jade Carey and all those from Arizona participating in the Olympics. She thanked Town staff for their efforts in setting up the Council meeting into the Public Safety Training Facility. RECESS REGULAR MEETING AND RECONVENE IN EXECUTIVE SESSION Mayor Peterson recessed the Regular Meeting at 8:07 p.m. to reconvene in Executive Session pursuant to: A.R.S. §38-431.03(A)(3), (4), (7), legal advice from the Town Attorney and discussion and consultation with Town representatives concerning condemnation litigation entitled Town of Gilbert v. Central Christian Church Arizona, et. al., Maricopa County Superior Court Case No. CV2019-052212. A.R.S. §38-431.03(A)(3), (4), (7), legal advice from the Town Attorney and discussion and consultation with Town representatives concerning disposition or encumbrance of a Town-owned parcel near the northwest corner of Greenfield and Ocotillo Roads. Mayor Peterson recessed the meeting at 8:07 p.m. ADJOURN EXECUTIVE SESSION AND RECONVENE REGULAR MEETING Mayor Peterson reconvened the Regular meeting at 8:51 p.m. ADJOURN Mayor Peterson adjourned meeting at 8:51 p.m. ATTEST: 10 ___________________________ ___________________________________ 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 3rd day of August, 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 11