Council Regular/Special Meeting
Special MeetingGilbert, AZ · August 17, 2021
Minutes
MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF
TUESDAY AUGUST 17, 2021 AT 6:30 PM, GILBERT PUBLIC SAFETY TRAINING
FACILITY, ATLAS AUDITORIUM, 6860 S 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,
Deputy Chief People Officer Kristen Drew, Principal Planner
Amy Temes, and Development Services Director Kyle Mieras
AGENDA ITEM
CALL TO ORDER
Mayor Peterson called the meeting to order at 6:32 p.m.
INVOCATION AND PLEDGE OF ALLEGIANCE
Councilmember Yentes led the Pledge of Allegiance. Pastor Tim Ahlman of Christ Greenfield
Lutheran Church gave the invocation.
ROLL CALL
Town Clerk Herrera called roll and declared a quorum present.
PRESENTATIONS; PROCLAMATIONS
1. PROCLAMATION - Proclamation declaring September 1, 2021 as Second
Responders Day.
Mayor Peterson read a proclamation declaring September 1, 2021 as Second Responders Day
and presented the proclamation to AZCEND members Shawna Fellenz and Eloise Pena.
Shawna Fellenz shared a recap of the uninterrupted services AZCEND provided to the
community over the last year, including working to meet the significant increase in assistance for
those experiencing homeless and food insecurity. Mayor Peterson thanked Ms. Fellenz and Ms.
Pena for the work they and AZCEND provide the community.
COMMUNICATIONS FROM CITIZENS
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Allison Bones, not a Gilbert resident, stated she was there on behalf of T.E.A.M. 4 Travis. She
discussed losing her husband to cancer and shortly after her son died suddenly and unexpectedly
due to a silent killer, Isolated Congenital Asplenia (ICA), being born without a spleen. She stated
with the support of friends and family she started the nonprofit aimed at ending asplenia
mortality. She explained the organization promoted awareness, attended rare disease events,
raised funds for research grants, and advocated to Congress. Ms. Bones highlighted her
involvement and work with the EveryLife Foundation for Rare Diseases, as well as the
enlistment of Congresswoman Debbie Lesko and Senator Krysten Sinema to join the rare disease
congressional caucus and cosponsor legislation impacting rare disease families in Arizona. She
then invited the Gilbert Mayor and Councilmembers to join the lighting of the Gilbert Water
Tower event on August 25, 2021 in remembrance of Travis. She added, Governor Doug Ducey
declared a proclamation naming August 25, 2021 as the T.E.A.M. 4 Travis Asplenia Awareness
Day in Arizona. Finally, she asked for support in asking Senator Krysten Sinema and Senator
Mark Kelly to cosponsor Senate Bill 350, S.350 – Newborn Screen Saves Lives Reauthorization
Act, already passed in the House of Representatives. She asked all members of the community
to attend an event hosted at the Glendale Top Golf on October 17, 2021, to visit their website,
and to donate.
Nicki Reber, Gilbert resident, reminded the Council of her opposition to the go-karts associated
with the San Tan Adventure Park and discussed the Council entertaining potential changes to
Gilbert sound ordinances. She encouraged the Council to continue researching the matter in a
timely fashion and to refer to what other cities currently enforced when considering new rules.
She additionally asked Council to “make things better for the citizens of Gilbert”.
Maureen Hoppe, Gilbert resident, stated she felt it was time for Mayor Peterson to resign. She
stated it was the Mayor’s job to represent the citizens of the town. She read a statement
regarding questioning the Mayor’s ability to effectively govern. She discussed the ethical
complaints against the Mayor, as well as integrity and concerns involving investors, residents of
Morrison Ranch, and opposition to specific Town of Gilbert employee healthcare benefits and
the approval of the One-time Payment for Exceptional Performance for Town of Gilbert
employees.
Jessica Geroux, Gilbert resident, thanked the Council for the opportunity to participate in the
Council meeting process. She highlighted her gratefulness of her son, Connor, and husband,
Jason. She complimented the Gilbert Chamber of Commerce and members of the Council,
noting opportunities to work with them and other members of the community. She discussed her
desire to channel her voice in a manner that would make a difference by sharing a dream that her
voice, and that of her son Tyler, would be able to help bring affordable housing to Gilbert for
people like Tyler with autism.
CONSENT CALENDAR
A MOTION was made by Councilmember Yentes, seconded by Councilmember Anderson, to
approve Consent Items 2, 3, 4, 5, 6, 7, 8, 10, 11, & 13; remove Items 9 and 12 from the Consent
Calendar. Motion carried 7-0.
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2. CONTRACT – consider approval of a Cooperative Purchase Agreement No.
322000009 with CS Construction, Inc. utilizing State of Arizona Cooperative Purchasing
Contract No. CTR055692 in an amount not to exceed $2,077,243.48 for the Advanced Detection
and Intersection improvements, Project No. TS1740, and authorize the Mayor to execute the
required documents.
This item was approved with the Consent Calendar vote.
3. CONTRACT– consider approval of:
a) guaranteed maximum price (GMP) No. 1 Construction Services Contract for Construction
Manager at Risk (CM@R) Project Contract No. 322000005 with B&F Contractors, Inc. in an
amount not to exceed $5,714,725 for the Waterline Replacement - Tankersley, Project No.
WA1180, and authorize the Mayor to execute the required documents;
b) Change Order No. 1 to Contract No. 319001230 with Tristar Engineering and Management,
Inc. increasing the contract amount by $116,630 for the Waterline Replacement - Tankersley,
Project No. WA1180;
c) Change Order No. 3 to Contract No. 319000576 with GHD, Inc. increasing the contract
amount by $79,969 for the Waterline Replacement - Tankersley, Project No. WA1180; and
d) a Contingency Transfer from the Water Replacement Fund in the amount of $1,890,000.
This item was approved with the Consent Calendar vote.
4. CONTRACT – consider approval of Project Management/ Construction
Management (PM/CM) Services Contract for Construction Manager at Risk (CM@R) Project
Contract No. 321000279 with Kennedy/ Jenks Consultants Inc. in an amount not to exceed
$2,421,125 for Phase I of the North Water Treatment Plant (NWTP) South Reservoir Water
Quality Improvements, Project No. WA1582 and North Water Treatment Plant (NWTP)
Alternatives Evaluation and Construction, Project No. WA1589, and authorize the Mayor to
execute the required documents.
This item was approved with the Consent Calendar vote.
5. CONTRACT – consider approval of expenditures utilizing Contract No.
319000254 (Eden No. 2016-1105-0028) with Dell Marketing, L.P. in an amount not to exceed
$509,000 for the purchase of laptops, desktops, servers and peripherals and authorize the Mayor
to execute the required documents.
This item was approved with the Consent Calendar vote.
6. CONTRACT – consider approval of Agreement for Services Contract No.
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321000315 with HeartFit For Duty, LLC for Gilbert Fire and Rescue Department (GFRD)
Annual Physicals program and authorize the Mayor to execute the required documents.
This item was approved with the Consent Calendar vote.
7. CONTRACT – consider:
a) Cooperative Purchase Agreement No. 322000014 with Capital Pump and Equipment, LLC
utilizing City of Mesa Cooperative Purchasing Contract No. 2020112 for Water and Wastewater
Motor, Pump, Well Repair and Replacement Services and authorize the Mayor to execute the
required documents;
b) approval of the purchase of an additional pump for Reuse Water Reservoir 3 pursuant to
Cooperative Purchase Agreement No. 322000014 with Capital Pump and Equipment LLC in an
amount not to exceed $133,962;
c) approval of the purchase of an additional spare pump for the Neely Water Reclamation
Facility pursuant to Cooperative Purchase Agreement No. 322000014 with Capital Pump and
Equipment LLC in an amount not to exceed $162,668; and
d) authorize a Contingency Transfer from the Wastewater Contingency Fund in the amount of
$168,513.
This item was approved with the Consent Calendar vote.
8. BUDGET – consider approval of a Contingency Transfer from the General Fund
in the amount of $128,300 for use of the FY2022 Proposition 302 monies for tourism promotion
by the Gilbert Office of Economic Development with monies received from the Arizona Office
of Tourism to replenish the General Fund.
This item was approved with the Consent Calendar vote.
9. HUMAN RESOURCES – consider approval of Worker's Compensation
catastrophic injury leave and updated language to section 3.8.6.2 of the Personnel Policies.
Councilmember Yentes asked if the policy only applied to injuries while on the job operating in
an official capacity as an employee. Deputy Chief People Officer Drew responded that it was
correct and only applied to job-specific injuries that were deemed as catastrophic, outside of the
normal work-related injuries.
Councilmember Yentes asked if the policy was extended to all departments and employees
within the Town of Gilbert or were there different protocols that were set up for Public Safety.
Deputy Chief People Officer Drew explained that while Public Safety employees may be more
likely to encounter a catastrophic injury, the policy would have the same impact for all
employees.
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Councilmember Yentes asked if competitive policies were offered for items such as long-term
care or long-term disability. Deputy Chief People Officer Drew stated there were options for
short-term and long-term disability, and depending on the injury and when an employee was
deemed to be at modified or maximum medical improvement, the proposed policy would fill the
gap in the rare case of a catastrophic work injury. She also stated that there had not been any
cases of catastrophic injuries at that point in time.
Councilmember Yentes stated that the Town placed emphasis on training and compliance with
safety protocols on the front end, but there was no distinction to determine if the employee failed
to abide by safety policies or if the situation was beyond their control. Deputy Chief People
Officer Drew explained that work- related injuries could not be denied coverage if the injury was
due to not complying with safety protocol, adding that would be handled as a disciplinary issue
and the worker compensation injury would still be covered.
Councilmember Yentes questioned whether private-sector benefits were compared with the
proposed policy. Deputy Chief People Officer Drew responded that the policy was not compared
with private-sector policies as they were typically fully insured, whereas compared to public-
sector, most municipalities were self-insured; therefore, policies vary widely, however law
dictates that a minimum of 66 2/3 of the employee’s base salary be provided. She said while
some municipalities offer the minimum required amount, others extended the offering, and the
intention was for Gilbert to be competitive with other municipalities and to offer the catastrophic
injury leave and not place more hardship on the employee and their family. Councilmember
Yentes confirmed that the current worker injury compensation policy is set at 66 2/3 employee
base salary.
Councilmember Yentes closed with comments that she understood what the department was
trying to accomplish and hoped that catastrophic injuries were rare; however, her hesitation was
with approving periodic small policy changes without seeing the full benefits package. She stated
she felt the current benefits did meet employer requirements and liked that employees had the
option to help others through donation, therefore she would like to vote separately.
A MOTION was made by Councilmember Anderson, seconded by Mayor Peterson, to approve
Item 9. Motion carried 6-1, with Councilmember Yentes casting the dissenting vote.
10. PURCHASE/ PROPERTY ACQUISITION - conduct hearing and consider
adoption of a Resolution approving the purchase cost of $442,500 plus statutory interest for the
acquisition of right-of-way and easement for Parcel No. 304-57-889P for Germann Road-
Mustang to Val Vista and Lindsay- Pecos to Lovebird, Project No. ST1450.
This item was approved with the Consent Calendar vote. Resolution No. 4216 was adopted.
11. LEGAL- consider approval of a resolution authorizing the Town Attorney to file
a petition in Maricopa County Superior Court in order to seek a final decree confirming the Non-
Indian Agricultural (NIA) Priority Water Subcontract between the United States of America, the
Central Arizona Water Conservation District (CAWCD) and the Town of Gilbert, Contract No.
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321000423 and decreeing and adjudging the subcontract to be lawful, valid, and ratified,
confirmed, and binding on all parties.
This item was approved with the Consent Calendar vote. Resolution No. 4217 was adopted.
12. BOARDS AND COMMISSIONS – consider acceptance of the resignation of Carl
Bloomfield from the Planning Commission effective September 2, 2021.
Councilmember September, Council liaison to the Planning Commission, congratulated and
thanked Carl Bloomfield for his years of service on the Commission since March 2014. He
thanked him for his calm demeanor, willingness to listen, and insight.
Mayor Peterson stated she had the opportunity also work with Mr. Bloomfield and he would be
missed.
A MOTION was made by Councilmember Anderson, seconded by Mayor Peterson, to approve
Item 12. Motion carried 6-1, with Councilmember September casting the dissenting vote.
13. MINUTES - consider approval of the minutes for the Regular Meeting of August
3, 2021, and Study Session of August 3, 2021.
This item was approved with the Consent Calendar vote.
PUBLIC HEARING
Mayor Peterson opened the public hearing for Items 15 and 16. No one wished to speak, and
Mayor Peterson closed the public hearing.
A MOTION was made by Councilmember Yentes, seconded by Vice Mayor Koprowski, to
approve public hearing Items 15 and 16. Motion carried 7-0.
14. ZONING Z21-01- conduct hearing and consider approval of the findings and
adoption of an Ordinance for The Brundrett Building to rezone approximately 0.365 acres of real
property generally located at 226 North Gilbert Road from Heritage Village Center (HVC)
zoning district to Heritage Village Center (HVC) zoning district with a Planned Area
Development (PAD) overlay zoning district.
Mayor Peterson opened the Public Hearing for Item 14.
Principal Planner Temes provided a summary presentation of Z21-01 The Brundrett Building,
noting she was standing in for former Planner Sydney Bethel. She highlighted the request to
increase the subject site from 55 feet to 68 feet and to allow a four-story building. She discussed
the concerns addressed by the public including compliance with building height limitations
within the 2018 Redevelopment Plan, disrupted views of the Water Tower, impacts to the
existing Farmhouse Restaurant building to the north, new development impeding north/south
circulation connections, and negative effects on parking. Planner Temes discussed the two
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possible motions of the Council: vote in accordance with the Planning Commission to deny the
request or vote in favor of the request in accordance with the Redevelopment Commission’s
recommendation.
Councilmember Anderson asked if there was an allowance in the Town Code to allow
mechanical equipment to exceed the 55-foot height limit. Planner Temes answered the 55-foot
limit was specific to the surface of a flat roof building and there was a 5-foot allowance for
mechanical equipment beyond the roof limit, totaling to 60 feet.
Applicant Peter Koliopoulos, President of Circle West Architects, provided a brief overview of
the building design, Gilbert Heritage District guidelines, and why the recommended heights were
chosen. He expressed excitement to be working with Gilbert, adding they were architects for
Culinary Dropout in the downtown area. He explained most of the building was below the 55
feet height requirement and discussed pedestrian views of the Water Tower still being intact. He
discussed the pedestrian perspective and building element that would be set back 30 feet from
Gilbert Road, adding most of the roof would not be seen. He provided illustrations of the
project, stating the design was added to bring in Class-A tenants and outlined design elements.
He discussed elements that were added to make them “good neighbors” and the proposed design
was shown.
Doralise Machado-Liddell, Gilbert resident, stated she was a property owner in the Heritage
District. She explained why the height increase from 55 feet to 68 feet should be denied. She
referred to the staff report and findings of fact to ask whether the rooftop area should qualify as
outdoor entertainment and require a conditional use permit and mentioned the issue of increased
noise to the area, then asked if the Town would allow her to increase building height as well.
She disagreed that the plan complied with the voter-approved General Plan, Council approved
Redevelopment Plan, nor the Heritage District Design Guidelines Ordinance. She noted the
pedestrian path to the north and south was a condition of approval per an existing easement
granted by the Town and asked why a copy of the easement was not included in the supporting
documentation for Council review. Additionally, she questioned how an applicant could request
a zoning change when the area may be encumbered by an easement, how the Town could give
one property owner an easement that benefited the owner and not the citizens, why the Town
would recommend the Planned Area Development (PAD) to be allowed on property with an
easement and negotiate with property owners in breach of said easement, and why the easement
had not been terminated. She stated she did not see a statement within the Ordinance of a six-foot
pedestrian easement per conditions of the PAD, and declared a six-foot walkway did not
compare to an alley for use by pedestrians and police and fire services. She clarified she did not
support taking away property rights from any landowner as the proposed plan was not a by-right
issue and urged the Council to vote in accordance with the Planning Commission to deny the
request.
Kiersten Traina, not a Gilbert resident, stated she was speaking on behalf the owners of Liberty
Market, comprised of herself, her husband, and their business partners Joe and Cindy Johnston,
Gilbert residents, who were out of town for the meeting. She expressed excitement about the
Town vision and their pride in being part of the community, adding they were against the
variance and proposed height change. She explained the guidelines were designed to maintain
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the scale and feel of the Heritage District and approval of the variance would disregard the set
guidelines as well as visions and desires agreed upon by the stakeholders and the Council. She
stated she was excited to see the Heritage District continue to grow, but within the guidelines set
by the Heritage District Redevelopment Plan.
Alan Fitzgerald, Gilbert resident, stated he was a longtime business owner in the Heritage
District. He discussed his investment in the future of the area and added one of the best things to
happen was the Redevelopment Plan, followed by the design guidelines to give business owners
a map to develop and grow based on input from stakeholders, the Council, and Town Staff. He
said it was now time to act and do what was to be done, elaborating that residents liked what had
been ratified for the Heritage District. He stated he was an engineer and the aerial view mass
modeling was deceiving and not what it would look like. He asked the Council to hold to the
current design guidelines because as a property owner, business owner, and resident this was
relied upon.
Glenn Odegard, Gilbert resident, stated he worked as a general contractor in Gilbert and had
been issued over 75 building permits by the Town over the last 36 years, adding he was not in
favor of the new building. He explained generally when variances were requested, the planner
asked for justification as to why the standard law should not apply, then noted there was no
special reason to build 19 feet over the 55-foot height. He commented the excessive height was
far too extreme, was only meant to provide additional space for increased profit, and would set a
dangerous precedent. He also expressed the potential effects on the Farmhouse Restaurant
building next door as the walls lacked a concrete foundation and could sustain permanent
damage. He also suggested the mechanical roof could be moved elsewhere or lowered, which
would eliminate the upper roof and additional appendage on top of the structure. He suggested a
future building may be well served by a roof top deck, but not at the current proposal height of
19 feet.
Alan Fitzgerald, Gilbert resident, read a statement on behalf of Susan Pasternack, Gilbert
Resident and President of the Groves of Gilbert Homeowners Association (HOA). She wrote to
request a denial of the item. She stated she was writing as a private citizen of 45 years as well as
the HOA President. Her statement expressed concerns of the excessive height and blocking the
view of the Water Tower. The statement asked the Council to deny the request for the height
waiver on the building.
Mary Ellen Fresquez, Gilbert resident, stated she had been a Heritage District property owner for
23 years. She discussed the issues of having views compromised as residents and business
owners, the line of sight not being protected and only enjoyed by the private business’s patrons,
potential damage to the Farmhouse Restaurant building, noise from the rooftop bar and the
outdoor venue proposed for the west side of Norwood Furniture, parking, the stability of the
rooftop trees during storms, and lack of a service alley. She commented that a pedestrian
connection was not provided in compliance with the requirements of the existing easement. She
stated, per the design guidelines, an alley should provide a suitable pedestrian and auto flexible
environment, and that the Paseo pedestrian and bicycle path was insufficient for meeting the
guideline requirements and did not allow access for emergency vehicles. She recommended the
Council deny the request in accordance with the Planning Commission.
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Applicant Peter Koliopoulos, President of Circle West Architects, addressed some of the
comments, adding the views presented were “real views”. He discussed the focus on height
guidelines as they were at the determination of the Town Council, stating he wanted to
specifically highlight that the height beyond the 55 feet did not block the view of the Water
Tower for pedestrians.
Councilmember Anderson stated that the design did not meet the design standard at all and asked
Principal Planner Temes if she expected the Design Review Board carrying through with the
design.
Principal Planner Temes agreed that the building massing was modern, whereas the guideline
requirements were traditional. She stated that she had discussed with the client design elements
that could be implemented to bring the building to meeting historic design requirements, though
it would be a challenge.
Councilmember Yentes asked for explanation of the terminology of variance, Planned Area of
Development (PAD) and rezoning, and asked for an explanation of the impact each had.
Principal Planner Temes clarified that there was no variance process occurring, but the term was
often used when discussing conditions of approval or stipulations applied to an ordinance. She
specified the matter was a zoning process, which included an ordinance. She explained that a
PAD allowed for modifications to the base zoning districts within the Land Development Code.
She provided examples of base zoning district standards, such as building height. She also
explained that through a PAD an applicant could request to deviate from a standard and that was
then a condition of approval which the Town Council would approve as part of the ordinance.
She clarified that a variance was an entirely separate process. She then explained the process for
the item consisted of the recommendations from the Redevelopment Commission and Planning
Commission to then be voted on by the Town Council.
Councilmember September discussed how the height of a pitched roof was calculated. He asked
why the calculation was taken in such a manner and if it was common in planning as the peak
was the effective visual impact of the roof.
Principal Planner Temes stated she could not speak as to why they historically measured height
that way, but it had been listed as such in the Zoning Code since she could recall. She agreed that
most people would measure a roof from the ridge line, and therefore the median calculation
could be confusing. She explained that there was also variation amongst municipalities for the
sloped roof height calculation.
Mayor Peterson closed the Public Hearing for Item 14.
Councilmember Anderson stated he was the author of the first edition of the Redevelopment Plan
in the late-1980’s to early-1990’s. He said he could not recall if height was specified in the
document at the time, but there was language to state that Gilbert would remain turn-of-the-
century in design and low in height. He said the scale of the building was concerning to him. He
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explained that the downtown area was divided into three areas and the north portion was
expected to not have turn-of-the-century design elements, but the Heritage District was specific
in what it should look like. He stated he was not comfortable exceeding height limits that much;
it was too high.
Vice Mayor Koprowski stated she appreciated the applicant’s efforts to produce renderings that
allowed for an accurate representation of the building and surrounding area, but said some
elements were unrealistic and likely to change. She explained that the sight of the Water Tower
was so iconic that the visual impact would be too great and some of the exceptions were not
justifiable. She commented she felt a successful design could not be achieved within the
allowable building height and would not be in support of the additional 18 feet.
Councilmember September discussed meeting with the applicant after the Planning Commission
meeting, adding some of their reasoning for additional height made sense. He said he also got to
meet with stakeholders in the Heritage District to hear their views on the request as well as other
matters, adding they explained that PAD rezoning was a process to provide relief to an applicant;
however, he felt the height deviants were an over-reach and he did not feel comfortable
approving so much of a height deviation in the Heritage District.
Councilmember Yentes stated it was a beautiful rendition being shown, but she disagreed with
an earlier statement and felt the matter was about property rights as a rezone. She explained the
design standards were subjective, but the height was an objective measure and all other buildings
were based off those measures. She commented the height was her main concern along with the
concerns from citizens.
Councilmember Hendrix stated he did not wish to repeat the other Councilmembers’ comments,
but he agreed with many of them. He explained that he did have a concern with the decision of
the Planning Commission to vote against the project in a 6-1 vote. He stated he was
uncomfortable with not following the recommendation of the Planning Commission, as there
was not a good enough justification without an overwhelming reason to disregard their
determination.
Mayor Peterson discussed the three sections of the Heritage District: north, central and south,
adding she considered the central section to be the core of the Heritage District. She described
her expectations of the design and growth of all three sections and clarified that the central
section had been very specific in measures, such as limitations on driveways and building height.
She explained that height was limited on Gilbert Road as it was kept at human scale. She shared
that the height would be too overwhelming in that space as she felt the central section was the
heart of Heritage District and wanted business fronts that were not overwhelming, adding she
would not be able to support the item.
Councilmember Tilque thanked the applicant and residents that spoke at the meeting. She stated
she understood the Councilmembers’ comments after seeing the renderings for the Brundrett
Building. She discussed changes to the rendering that she believed could be changed through
design review. She said she was disappointed that the applicant got that far in the process for the
Council to be not supportive of the project.
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Mayor Peterson suggested the applicant may have been able to determine how the vote would be
cast and asked if it was possible to not take a vote on the motion and table the item to allow the
applicant time to redesign and resubmit their item without going through the entire process.
Town Attorney Payne asked Principal Planner Temes for clarification on the need to repost
public notices if the item was to be continued or tabled. Principle Planner Temes explained if it
were to be continued to a date-specific the posting would not be impacted; however, if the item
were to be tabled without a date-specific, the item would have to be re-noticed and republished.
Mayor Peterson asked the applicant if they would like to resubmit in a six-month timeframe for
the second Council Meeting in January 2022 and asked if a Councilmember would motion to
table the item.
Development Services Director Mieras addressed the Council to state if the applicant were to
change the building design but not the height, the request would remain the same. If the applicant
were to change an element such as the height, he suggested the item go through the process again
for review by the Redevelopment Commission and Planning Commission to increase
transparency, as it would be a completely different request.
Mayor Peterson asked that if the applicant were to change the height of the request, would it be
okay to reintroduce the item in January. Director Mieras clarified that if the height were to
decrease, the design would likely be fine, but a major redesign would likely need to be reviewed
by the Redevelopment Commission once more.
Mayor Peterson stated that it would be in the best interest of the Council to vote on the motion as
submitted so the request could go back through review by the Redevelopment Commission and
the Planning Commission.
Principal Planner Temes clarified that if the design stayed within the 55 feet, the project could go
right to the Redevelopment Commission for redesign and it would not have to go back to the
Council as the rezoning would be withdrawn. Mayor Peterson asked for additional clarification,
and Principal Planner Temes further explained the available options for moving forward.
Councilmember Anderson suggested continuing the item to a date certain.
A MOTION was made by Councilmember Anderson, seconded by Councilmember September,
to continue the item to the second Regular Council meeting of January 2022. Motion carried 7-
0.
15. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12
Restaurant Alcohol License for North Italia located at 1950 East Williams Field Road, Suite 102.
This item was approved with the Public Hearing Vote.
16. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12
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Restaurant Alcohol License for Frenchie Pizza located at 3765 South Gilbert Road, Suite 103.
This item was approved with the Public Hearing Vote.
ADMINISTRATIVE ITEMS
17. COUNCIL ADMINISTRATION- consider adoption of the Council meeting
schedule for Calendar Year 2022.
A MOTION was made by Councilmember Yentes, seconded by Councilmember Anderson, to
approve Administrative Item 17. Motion carried 7-0.
18. BOARDS, COMMISSIONS, AND COMMITTEES - reports from Council Liaisons for the:
a) Council Subcommittees
b) Ad Hoc Committees
c) Regional Meetings
d) Industrial Development Authority
e) Judicial Selection and Advisory Board
f) Mayor’s Youth Advisory Committee
g) Parks and Recreation Board
h) Planning Commission
i) Police and Fire Public Safety Personnel Retirement System (PSPRS) Local Pension Boards
j) Redevelopment Commission
k) Town of Gilbert, AZ Deferred Compensation Trust Board
l) Town of Gilbert, AZ Public Facilities Municipal Property Corporation
m) Town of Gilbert, AZ Self-Insured Trust Fund Board
n) Town of Gilbert, AZ Water Resources Municipal Property Corporation
o) Utilities Board
p) Veterans Advisory Board
Vice Mayor Koprowski made an announcement on behalf of the Citizens Transportation Task
Force in relation to the opening of the pedestrian bridge on August 26, 2021 from 6:00pm to 8:00
pm.
POLICY ITEMS
None.
FUTURE MEETINGS
No discussion.
COMMUNICATIONS
Report from the TOWN MANAGER on current events.
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Town Manager Banger announced that on August 5, 2021 the Arizona Chapter of the American
Planning Association awarded the Town of Gilbert for the Best Regional or General Plan for a
Jurisdiction with a Population Over 50,000. He cited the 82% approval rating by the voters and
said the Town’s Heritage District was also recognized as Great Public Place in Arizona. He
noted this was a great recognition of the staff and departments behind development services and
economic development. He also stated that Census Bureau released the new census count, adding
the census as of September 2020 was 267,910, but once the state’s Demographer’s Office had
the chance to add the estimates there would be a new number. He also shared it was the first time
the census allowed online participation and Gilbert had the highest response rate by citizens in
Arizona at a rate of 78.6%, adding Gilbert was number two in the country by cities with over
200,000 population regarding citizen response and Gilbert’s response rate was 14.5% higher than
the State average. He recognized Kelsey Perry of the Gilbert Digital Government Team for
running the census awareness campaign.
Report from the COUNCIL on current events.
None.
Report from the MAYOR on current events.
Mayor Peterson discussed those affected by recent storms and flooding across the state of
Arizona. She offered condolences to those effected by the flooding in and the passing of two
Gila Bend residents. She encouraged any Gilbert resident interested in assisting with the relief
efforts to contact the Mayor’s Office. Mayor Peterson also addressed military veterans as recent
events in Afghanistan had been distressing for those whom have met and worked with families in
the area. She asked any veteran in need of assistance to contact her so she may work to get them
help, then continued to offer thanks and support to military veterans and Afghani families on
behalf of the community and country.
ADJOURN
Mayor Peterson adjourned meeting at 8:21 p.m.
ATTEST:
___________________________ ___________________________________
Brigette Peterson, Mayor Chaveli Herrera, MMC, Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the
regular meeting of the Town Council of the Town of Gilbert held on the 17th 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.
13
___________________________________
Chaveli Herrera, MMC, Town Clerk
14
Agenda
Council Meeting Agenda
August 17, 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
Gilbert Public Safety Training Facility, Atlas Auditorium
6860 S. Power Road
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.
Meeting Protocol
Items on agenda may be shortened, continued to a future public meeting, or taken out of order.
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, a live stream of the
meeting will be broadcast online at https://gilbertaz.gov/gilbertlive. Meetings are also recorded and
available for view anytime on the Gilbert Live website.
Any member of the public who wishes to address the public body at Town Council meetings can attend
in person or choose one of the following options:
Email
By 5 p.m. the day before the Town Council meeting, email comments to
councilmeeting@gilbertaz.gov. All emails received by this deadline will be distributed to members of
the public body for their review and consideration but will not be read aloud at the meeting. Emails sent
after the deadline will be disregarded and not be included in the public record. 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.
AGENDA ITEM
CALL TO ORDER
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation may be offered by a person of any religion, faith, belief or non-belief, as well as
Councilmembers. A list of volunteers is maintained by the Town Clerk and interested persons
should contact the Clerk for further information.
Mayor invites all scouts present to the front of the Council Chambers.
Pledge of Allegiance and introduction and recognition of scouts.
Invocation by Pastor Tim Ahlman of Christ Greenfield Lutheran Church.
ROLL CALL
PRESENTATIONS; PROCLAMATIONS
1 PROCLAMATION - Proclamation declaring September 1, 2021 as Second Responders
Day.
COMMUNICATIONS FROM CITIZENS
At this time, members of the public may comment on matters within the jurisdiction of the Town but
not on the agenda. The Council’s response is limited to responding to criticism, asking staff to
review a matter commented upon, or asking that a matter be put on a future agenda.
CONSENT CALENDAR
All items listed below are considered consent calendar items and may be approved by a single
motion unless removed at the request of Council for further discussion/action. Other items on the
agenda may be added to the consent calendar and approved under a single motion.
2 CONTRACT – consider approval of a Cooperative Purchase Agreement No. 322000009
with CS Construction, Inc. utilizing State of Arizona Cooperative Purchasing Contract No.
CTR055692 in an amount not to exceed $2,077,243.48 for the Advanced Detection and
Intersection improvements, Project No. TS1740, and authorize the Mayor to execute the
required documents.
3 CONTRACT– consider approval of:
a) guaranteed maximum price (GMP) No. 1 Construction Services Contract for
Construction Manager at Risk (CM@R) Project Contract No. 322000005 with B&F
Contractors, Inc. in an amount not to exceed $5,714,725 for the Waterline Replacement -
Tankersley, Project No. WA1180, and authorize the Mayor to execute the required
documents;
b) Change Order No. 1 to Contract No. 319001230 with Tristar Engineering and
Management, Inc. increasing the contract amount by $116,630 for the Waterline
Replacement - Tankersley, Project No. WA1180;
c) Change Order No. 3 to Contract No. 319000576 with GHD, Inc. increasing the contract
amount by $79,969 for the Waterline Replacement - Tankersley, Project No. WA1180; and
d) a Contingency Transfer from the Water Replacement Fund in the amount of $1,890,000.
4 CONTRACT – consider approval of Project Management/ Construction Management
(PM/CM) Services Contract for Construction Manager at Risk (CM@R) Project Contract
No. 321000279 with Kennedy/ Jenks Consultants Inc. in an amount not to exceed
$2,421,125 for Phase I of the North Water Treatment Plant (NWTP) South Reservoir Water
Quality Improvements, Project No. WA1582 and North Water Treatment Plant (NWTP)
Alternatives Evaluation and Construction, Project No. WA1589, and authorize the Mayor to
execute the required documents.
5 CONTRACT – consider approval of expenditures utilizing Contract No. 319000254 (Eden
No. 2016-1105-0028) with Dell Marketing, L.P. in an amount not to exceed $509,000 for
the purchase of laptops, desktops, servers and peripherals and authorize the Mayor to
execute the required documents.
6 CONTRACT – consider approval of Agreement for Services Contract No. 321000315 with
HeartFit For Duty, LLC for Gilbert Fire and Rescue Department (GFRD) Annual Physicals
program and authorize the Mayor to execute the required documents.
7 CONTRACT – consider:
a) Cooperative Purchase Agreement No. 322000014 with Capital Pump and Equipment,
LLC utilizing City of Mesa Cooperative Purchasing Contract No. 2020112 for Water and
Wastewater Motor, Pump, Well Repair and Replacement Services and authorize the Mayor
to execute the required documents;
b) approval of the purchase of an additional pump for Reuse Water Reservoir 3 pursuant to
Cooperative Purchase Agreement No. 322000014 with Capital Pump and Equipment LLC
in an amount not to exceed $133,962;
c) approval of the purchase of an additional spare pump for the Neely Water Reclamation
Facility pursuant to Cooperative Purchase Agreement No. 322000014 with Capital Pump
and Equipment LLC in an amount not to exceed $162,668; and
d) authorize a Contingency Transfer from the Wastewater Contingency Fund in the amount
of $168,513.
8 BUDGET – consider approval of a Contingency Transfer from the General Fund in the
amount of $128,300 for use of the FY2022 Proposition 302 monies for tourism promotion
by the Gilbert Office of Economic Development with monies received from the Arizona
Office of Tourism to replenish the General Fund.
9 HUMAN RESOURCES – consider approval of Worker's Compensation catastrophic injury
leave and updated language to section 3.8.6.2 of the Personnel Policies.
10 PURCHASE/ PROPERTY ACQUISITION - conduct hearing and consider adoption of a
Resolution approving the purchase cost of $442,500 plus statutory interest for the
acquisition of right-of-way and easement for Parcel No. 304-57-889P for Germann Road-
Mustang to Val Vista and Lindsay- Pecos to Lovebird, Project No. ST1450.
11 LEGAL- consider approval of a resolution authorizing the Town Attorney to file a petition
in Maricopa County Superior Court in order to seek a final decree confirming the Non-
Indian Agricultural (NIA) Priority Water Subcontract between the United States of
America, the Central Arizona Water Conservation District (CAWCD) and the Town of
Gilbert, Contract No. 321000423 and decreeing and adjudging the subcontract to be lawful,
valid, and ratified, confirmed, and binding on all parties.
12 BOARDS AND COMMISSIONS – consider acceptance of the resignation of Carl
Bloomfield from the Planning Commission effective September 2, 2021.
13 MINUTES - consider approval of the minutes for the Regular Meeting of August 3, 2021
and Study Session of August 3, 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.
14 ZONING Z21-01- conduct hearing and consider approval of the findings and adoption of an
Ordinance for The Brundrett Building to rezone approximately 0.365 acres of real property
generally located at 226 North Gilbert Road from Heritage Village Center (HVC) zoning
district to Heritage Village Center (HVC) zoning district with a Planned Area Development
(PAD) overlay zoning district.
15 LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant
Alcohol License for North Italia located at 1950 East Williams Field Road, Suite 102.
16 LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant
Alcohol License for Frenchie Pizza located at 3765 South Gilbert Road, Suite 103.
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.
17 COUNCIL ADMINISTRATION- consider adoption of the Council meeting schedule for
Calendar Year 2022.
18 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 Gilbert Live 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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