Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF TUESDAY, SEPTEMBER 07, 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, Transportation Planning Manager Chris Bridges, Organizational Development Manager Heather White, and Senior Project Manager Jason Montgomery AGENDA ITEM CALL TO ORDER Mayor Peterson called the meeting to order at 6:34 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Tilque introduced the girl scouts in attendance who led the Pledge of Allegiance and introduced themselves. Councilmember Anderson gave the invocation. ROLL CALL Town Clerk Herrera called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS 1. PROCLAMATION - Proclamation declaring the week of September 5-11, 2021 as Bicycle Safety Awareness Week. Mayor Peterson introduced Gilbert Transportation Planning Manager Chris Bridges who gave an overview of the Town partnership with the Donald C Brace Foundation, adding that the endeavors and donations of Evan Stubbert and Adam Baugh helped the Town of Gilbert’s Non- Profit Parks and Recreation Foundation bring bicycle awareness and education to the Town. Mayor Peterson read a proclamation declaring the week of September 5-11, 2021 as Bicycle Safety Awareness Week; and presented the proclamation and bicycle street signs as gifts to Evan 1 Stubbert and Adam Baugh. Mr. Stubbert gave a brief statement in acceptance of the proclamation. 2. RECOGNITION - Recognition of Brie Chiarella as Ms President US Gilbert based on her campaign for animal rights. Mayor Peterson recognized Brie Chiarella as Ms President US Gilbert for her work with animal rights in a virtual competition. 3. PRESENTATION - Presentation recognizing the 2021 MVP Award nominees and winners for the Town of Gilbert. Organizational Development Manager White discussed the submission and nomination process for the MVP awards and how the nominees were vetted down to 20 finalists for the categories of Humble, Driven, Bold, and Kind. She announced the following finalists for the value of Driven: Amanda Elliot, Danny Skaggs, Eugene Mejia, Ken Snow, and Sharon Castronova; Danny Skaggs of Gilbert Fire was announced the winner. Ms. White announced the following finalists for the value of Kind: Anna Rowe, Don Perry, Alison Ferrante, Pauline Henschel, and Rachel Fields; Pauline Henschel of Public Works was announced the winner. Ms. White announced the following finalists for the value of Bold: Brenda Carrasco, Jacques Tregre, Jonathan Sorrells, Katie Matysik, and Tyler Nitzel; Brenda Carrasco of the Office of Digital Government was announced the winner. Lastly, Ms. White announced the following finalists for the value of Humble: Dior Chapman, Jennika Horta, Laura Lorenzen, Nicholas Baldelli, and Robert Kropp; Robert Kropp of the Town Manager’s Office was announced the winner. Town Manager Banger presented the awards to the winners. Mayor Peterson thanked the winners and all finalists for their hard work. COMMUNICATIONS FROM CITIZENS Omar Hameed, Gilbert resident, discussed the transition of a Chief of Staff when a new president took office. He said he wanted a Town Manager who worked with the citizens ahead of time before Councilmembers passed agenda items. He also discussed the need for the right leadership with the Town of Gilbert. Debbie Coon, Gilbert resident, discussed living in her home for twenty-eight years, and the importance of her backyard. She detailed the functions it provided for her and her family. She mentioned she had many uncertainties and did not know if she would be able to still have horses in her backyard or use her barn if the Town reduced the size of it. She stated she was at the mercy of the Town and the residents provided other options for the Town rather than taking a part of her backyard. She wanted the Town to make the best choice for everyone involved. Kristy Coon, Gilbert resident, discussed she heard about a land grab in Gilbert and did not agree that residents would lose some of their land to build an irrigation pipe. She stated it would be an inconvenience for her family and would reduce the space in her backyard for her barn and animals. She said the backyard allowed her family to have freedoms and it was not fair to residents to have their property taken away. 2 CONSENT CALENDAR A MOTION was made by Councilmember Tilque, seconded by Councilmember Anderson, to approve Consent Items 4, 5, 6, 7, 9, 11, 13, 14, 15, 16, 18, 19, 20, 21, 22, & 23; remove Items 8, 10, 12 and 17 from the Consent Calendar. Motion carried 7-0. 4. INTERGOVERNMENTAL AGREEMENT – consider approval of Intergovernmental Agreement No. 322000066 with Gilbert Public Schools for solid waste and recycling collection and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 5. INTERGOVERNMENTAL AGREEMENT – consider adoption of a Resolution approving Intergovernmental Agreement No. 322000067 with the Arizona Department of Corrections, Rehabilitation Reentry (ADCRR) for the transfer of ownership of the Belgian Malinois, K9 “Matti”, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 4218 was adopted. 6. INTERGOVERNMENTAL AGREEMENT – consider adoption of a Resolution approving Intergovernmental Agreement No. 322000068 with the Town of Queen Creek Police Department for Cooperative Law Enforcement Training Operations and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 4219 was adopted. 7. AGREEMENT – consider approval of Cooperative Purchasing Agreement No. 322000018 with Spiker Sports LLC utilizing City of Tempe Cooperative Purchasing Contract No. T21-005- 02, in an amount of $27.50 per game to provide adult softball officiating services for the Gilbert Parks and Recreation Adult Softball Programs, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 8. AGREEMENT – consider approval of Agreement No. 322000049 with Greater Phoenix Economic Council (GPEC) in an amount not to exceed $129,017 for the regional economic development program and authorize the Mayor to execute the required documents. Councilmember Yentes noted she was not supportive of this item. She said she was concerned not all the money allocated would be used for the direct purpose of the contract and would not be beneficial to the Town or taxpayer. She asked permission to vote separately on the item. Councilmember September gave a brief review of who the Greater Phoenix Economic Council (GPEC) company was and their involvement with the Town’s Economic Development Department. He mentioned he asked Town staff to explain what value there was for the Town to 3 be a member of the Council. He stated that in the past five years being a member of GPEC had allowed the Town to bring 2,300 jobs to Gilbert and those businesses occupied over 400,000 sq. ft of land that generated tax dollars for the Town. He said he would support the item for another year. A MOTION was made by Mayor Peterson, seconded by Councilmember September, to approve Item 8. Motion carried 5-2, with Councilmembers Hendrix and Yentes casting the dissenting votes. 9. AGREEMENT – consider approval of an amendment to Solar Energy Offering Participation Agreement No. 320000170 with Salt River Project Agricultural Improvement and Power District (SRP) for annual account modifications and confidentiality of generation data and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 10. CONTRACT – consider approval of Pre-Construction Services Contract for Construction Manager at Risk (CM@R) Project, Contract No. 321000393 with Archer Western Construction, LLC in an amount not to exceed $275,663 for the Concrete Pipe Gravity Sewer Rehab Project, Project No. WW1060/ WW1246/ WA1546, and authorize the Mayor to execute the required documents. Councilmember Tilque asked for Items 10 and 17 to be discussed together. She stated the Western Canal had several projects that the neighborhood was very concerned about and wanted to make sure the Council provided an update on the status of the projects. Senior Project Manager Montgomery provided a summary of the item. He mentioned the project did feasibility analysis and evaluations to develop alternatives options for the corridor. He provided a detailed explanation of what the contract entailed and how the funds would be allocated. Vice Mayor Koprowski asked if Items 10 and 17 were related. Senior Project Manager Montgomery affirmed and provided a summary of Item 17 as well. Councilmember Tilque brought up a timeline that was presented to the residents and wanted to make sure the contracts kept the project on track and did not extend the timeline promised to the residents. Senior Project Manager Montgomery affirmed that the schedule would be maintained. Councilmember Tilque stated she appreciated there would be meetings with the neighbors to get feedback from them along the way. A MOTION was made by Councilmember Tilque, seconded by Councilmember Anderson, to approve Items 10 and 17. Motion carried 7-0. 4 11. CONTRACT – consider approval of: a) Project Management/Construction Management (PM/CM) Services Contract for Design-Bid- Build (DBB) Project, Contract No. 322000026 with Black & Veatch Corporation in an amount not to exceed $21,670 for the Emergency Repair Western Canal Main Crossing, Project No. WW1247; and b) Job Order No. 3 to Job Order Contract (JOC) No. 321000247 with Archer Western Construction in an amount not to exceed $273,542.56 for the Emergency Repair Western Canal Main Crossing Project, Project No. WW1247, and authorize the Mayor to execute the required document; and c) a Contingency Transfer from the Wastewater Replacement Fund in the amount of $300,000 to establish WW1247 as a project for FY21 and FY22. This item was approved with the Consent Calendar vote. 12. CONTRACT – consider approval of expenditures under the following contracts for the purchase of vehicles and equipment, and authorize the Mayor to execute the required documents: a) Cooperative Purchase Agreement No. 319000032 with Courtesy Chevrolet in an amount not to exceed $2,500,000; b) Cooperative Purchase Agreement No. 319000033 with Empire Southwest LLC in an amount not to exceed $650,000; c) Cooperative Purchase Agreement No. 319001045 with Freightliner of Arizona LLC in an amount not to exceed $200,000; d) Cooperative Purchase Agreement No. 320000090 with Bingham Equipment Co. in an amount not to exceed $650,000; e) Cooperative Purchase Agreement No. 320000472 with Rush Truck Center Phoenix in an amount not to exceed $3,700,000; f) Cooperative Purchase Agreement No. 319000038 with San Tan Ford in an amount not to exceed $2,500,000; and g) Cooperative Purchase Agreement No. 320000014 with WJK Tempe Automotive Inc in an amount not to exceed $250,000. Councilmember September gave a detailed explanation on how the Town purchased vehicles. He stated Gilbert was getting the most out of their money and used the assets and the resources the Town had to their fullest. He thanked the staff in the Purchasing, Finance and Fleet departments for all their hard work. 5 A MOTION was made by Councilmember September, seconded by Councilmember Yentes, to approve Item 12. Motion carried 7-0. 13. CONTRACT – consider approval of Task Order No. 27 to Job Order Contract (JOC) Contract No. 319001049 with Talis Corporation in an amount not to exceed $800,000 for minor concrete and asphalt repair and ADA upgrades, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 14. CONTRACT – consider approval of a Cooperative Purchase Agreement No. 321000451 with L.N. Curtis & Sons utilizing the League of Oregon Cities Cooperative Purchasing Contract No. RFP 1910 in an amount not to exceed $275,000 for the purchase of Fire Fighter Personal Protective Equipment (PPE), and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 15. CONTRACT – consider approval of a Cooperative Purchase Agreement No. 322000046 with JP Morgan Chase Bank, N.A. utilizing the Tarrant County, Texas Cooperative Purchasing Contract for Master Commercial Card Services through August 24, 2024 and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 16. 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. 17. CONTRACT – consider approval of: a) Construction Phase No. 2 to Contract No. 321000112 with Achen-Gardner Construction, LLC in an amount not to exceed $4,044,236.92, for Zone-1 Transmission Main Assessment and Rehabilitation, Project No. WA1546, and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the Water Replacement Fund in the amount of $2,500,000. This item was approved with the Consent Item 10. 18. CHANGE ORDER – consider approval of Change Order No. 3 to Contract No. 319000823 with West Coast Arborists, Inc. increasing the contract amount by $320,000 for tree maintenance and assessment services and authorize the Mayor to execute the required documents. 6 This item was approved with the Consent Calendar vote. 19. CHANGE ORDER – consider approval of Change Order No. 1 to Contract No. 320000248 with Motorola Solutions Inc. increasing the contract amount by $51,640.32 for the Interface between the Police Radio Network System and Versaterm Computer Aided Dispatch (CAD), Project No. MF2400, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 20. GRANT - consider adoption of a Resolution supporting the application and acceptance of the following grants from the Maricopa Association of Governments (MAG): a) MAG Roadway Safety Program (RSP) – Higley/Riggs Median Offset Improvements in the amount of $299,000 for median adjustments to reduce sight distance impacts to left turn lanes; b) MAG Roadway Safety Program (RSP) – Ray Road/San Tan Vista Trail HAWK Signal in the amount of $329,145 for the Pedestrian Hybrid beacon on Ray Road at the San Tan Vista Trail crossing; c) MAG Safe Routes to Schools (SRTS) – Safety Study - Schools in the amount of $110,978 for safety studies for a few schools; d) MAG PM-10 Paving of Unpaved Roads – Stacy Road – PM10 Paving in the amount of $2,993,380 for the paving of unpaved Stacey Road to include design, ROW acquisition, utility relocation and construction; e) MAG Traffic Signal Optimization Program – Lindsay Road 11 signals in the amount of $22,000 for signal timing; f) MAG Traffic Signal Optimization Program (TSOP) – Cooper Road 8 signals in the amount of $16,000 for signal timing; g) MAG Traffic Signal Optimization Program (TSOP) – Ray Road 12 signals in the amount of $24,000 for signal timing; h) MAG System Management and Operations (SM&O) – Signal Performance software and CCTV and Video Detection Asset Replacement Program Phase 1 in the amount of $624,352 to acquire Signal Performance Measure (SPM) software and storage to upgrade Video Detection cameras; i) MAG System Management and Operations (SM&O) – CCTV and Video Detection Asset Replacement Program Phase 2 in an amount of $679,708 to upgrade Video Detection cameras that provide turning movement counts at intersections; 7 j) MAG System Management and Operations (SM&O) – CCTV and Video Detection Asset Replacement Program Phase 3 in an amount of $596,166 to upgrade Video Detection cameras that provide turning movement counts at intersections; k) MAG System Management and Operations (SM&O) – CCTV and Video Detection Asset Replacement Program Phase 4 in an amount of $603,760 to upgrade Video Detection cameras that provide turning movement counts at intersections; l) MAG System Management and Operations (SM&O) – Pilot Fiber Mapping System in an amount of $471,500 for software to document and map the detailed fiber network; m) MAG Design Assistance Program – Queen Creek Wash/Maricopa Trail Crossing at Power Road in an amount of $80,000 for project assessment of crossing option at existing Power Road bridge for Queen Creek Wash/Maricopa Trail. n) MAG Active Transportation CMAQ/TA Program – Marathon Trail and Pecos Road Crossing in an amount of $417,749 for a recommended grade separated crossing approximately 1,200 feet east of the signalized intersection of Recker Road and Pecos Road; o) MAG Active Transportation CMAQ/TA Program – Marathon Trail and Higley Road Crossing in an amount of $363,998 for a recommended grade separated crossing approximately 1,300 feet north of the signalized intersection of Higley Road and Arrowhead Trail; and p) MAG Active Transportation CMAQ/TA Program – Marathon Trail and Power/Guadalupe Road Crossings in an amount of $1,015,611 for a recommended grade separated crossing approximately 600 feet south and 250 feet west of the signalized intersection of Power Road and Guadalupe Road. This item was approved with the Consent Calendar vote. Resolution No. 4220 was adopted. 21. FEES – consider a motion to: a) direct staff to publish a Notice of Intention to update Land Use Assumptions and Infrastructure Improvements Plan for Water System Development Fees; and b) set the public hearing date for November 16, 2021. This item was approved with the Consent Calendar vote. 22. BOARDS AND COMMISSIONS – consider acceptance of the resignation of Nicki Bartram from the Veterans Advisory Board, effective September 7, 2021. This item was approved with the Consent Calendar vote. 23. MINUTES – consider approval of the minutes of Regular Meeting of August 17, 2021. 8 This item was approved with the Consent Calendar vote. PUBLIC HEARING Mayor Peterson opened the public hearing for Items 24, 25, and 26. No one wished to speak, and Mayor Peterson closed the public hearing. A MOTION was made by Councilmember Tilque, seconded by Vice Mayor Koprowski, to approve public hearing items 24, 25, and 26. Motion carried 7-0. 24. LIQUOR LICENSE – conduct hearing and consider approval of a Series 7 Beer and Wine Bar Alcohol License for Tap Dragon located at 835 South Gilbert 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 Gypsy Cup located at 350 North Gilbert Road, Suite 101. This item was approved with the Public Hearing Vote. 26. ZONING Z20-12 – consider motion to continue of Z20-12, Northside at Santan Village, to the October 19, 2021 Council meeting, due to the continuance of the zoning case by the Planning Commission to allow time to finalize the roadway/easement dedication language. This item was approved with the Public Hearing Vote. ADMINISTRATIVE ITEMS 27. COUNCIL ADMINISTRATION - consider acceptance of the Budget Report and Contingency Report for the Fourth Quarter of FY2021. A MOTION was made by Councilmember Tilque, seconded by Vice Mayor Koprowski, to approve Administrative Item 27. Motion carried 7-0. 28. 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 9 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 None. FUTURE MEETINGS No discussion. COMMUNICATIONS Report from the TOWN MANAGER on current events. Town Manager Banger thanked all the Town employees who nominated their peers for the 2021 MVP Awards. He congratulated the nominees and the winners. Report from the COUNCIL on current events. There were no reports. Report from the MAYOR on current events. Mayor Peterson reminded everyone of the 20th anniversary ceremony on Saturday, September 11, 2021 at 50 E. Civic Center Dr. at 6:00pm for the 9/11 remembrance memorial. Followed by the Tribute in Light at 7:30pm to 10:30pm. Mayor Peterson recessed the meeting at 7:21 p.m. RECESS REGULAR MEETING AND RECONVENE IN EXECUTIVE SESSION Mayor Peterson reconvened in Executive Session at 7:31 p.m. pursuant to: a) Pursuant to A.R.S. §§ 38-431.03(A)(3), legal advice from the Town Attorney and discussion and consultation with Town representatives concerning special event permit requirements for private holiday lighting events, including on Comstock Drive in Morrison Ranch; and b) 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 potential procurement procedures for the use of Town right-of-way for fiber and broadband purposes; and 10 c) 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 property acquisition on PR0620 (Western Powerline Trail near Greenfield Rd); and d) Pursuant to A.R.S. §§ 38-431.03(A)(2),(3), legal advice from the Town Attorney and discussion and consultation with Town representatives concerning the results of a human resources investigation. ADJOURN EXECUTIVE SESSION AND RECONVENE REGULAR MEETING Mayor Peterson reconvened the Regular meeting at 10:36 p.m. ADJOURN Mayor Peterson adjourned meeting at 10:36 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 7th day of September, 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