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Council Regular/Special Meeting

Special Meeting

Gilbert, AZ · September 21, 2021

AgendaMinutes

Minutes

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF TUESDAY, SEPTEMBER 21, 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, and Kathy Tilque COUNCIL ABSENT: Councilmember Aimee Yentes STAFF PRESENT: Town Manager Patrick Banger, Town Clerk Chaveli Herrera, Deputy Clerk Judy Martinez, Town Attorney Christopher Payne, Public Works Director Jessica Marlow, Water Resources Manager Lauren Hixson, Principal Planner Amy Temes, and Data Content Strategist Melissa Cannon AGENDA ITEM CALL TO ORDER Mayor Peterson called the meeting to order at 6:37 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Koprowski led the Pledge of Allegiance. Fran Lowder of Justserve.org gave the invocation. ROLL CALL Town Clerk Herrera called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS 1. PROCLAMATION - Proclamation declaring the month of October 2021 as Domestic Violence Awareness Month. Mayor Peterson read a proclamation declaring October 2021 as Domestic Violence Awareness Month and presented the proclamation to Gilbert Youth and Adult Resources Counseling Manager Keith Bradshaw, Gilbert Youth and Adult Resources Counselor Maria Bushard, Presiding Judge David Cutchen, Public Defender Brian Foutz who was not in attendance, Judge Alison Ferrante, Domestic Violence Prosecutor Jeff Wolfe, Domestic Violence Prosecutor Dale Albach, Town of Gilbert Family Violence Unit Sergeant Tim Brown, and Town Prosecutor Jim Neugebauer. 1 COMMUNICATIONS FROM CITIZENS None. CONSENT CALENDAR A MOTION was made by Vice Mayor Koprowski, seconded by Councilmember Tilque, to approve Consent Items 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 14a, 15, and 16; remove Items 2 and 3 from the Consent Calendar; add Item 20 to the Consent Calendar, appointing Anthony Bianchi to the Planning Commission with a partial term beginning September 21, 2021 and ending September 29, 2024 and Brian Johns and Sean Des Portes to the Planning Commission as alternate members, with terms beginning September 30, 2021 and ending September 29, 2022; add Item 21 to the Consent Calendar, appointing Brenda Sullivan to the Veterans Advisory Board with a term beginning September 21, 2021 and ending June 15, 2022; and add Item 22 to the Consent Calendar, appointing Anthony Panepinto to the Self-Insured Trust Board with a term beginning October 1, 2021 and ending September 30, 2024. Motion carried 6-0. 2. INTERGOVERNMENTAL AGREEMENT - consider adoption of a Resolution approving Intergovernmental Agreement No. 322000079 with Arizona Department of Transportation (ADOT) in an amount not to exceed $7,900,000 for the Ocotillo Road Improvement Project, Project No. ST0540, and authorize the Mayor to execute the required documents. Councilmember Hendrix expressed apprehension that the item was on the agenda and included in the Bond Election for the Town. He shared concerns that the Town Mayor, unsure of which Mayor at the time, and Rob Bohr lobbied the State Legislature for Senate Bill 1820 and the Town was granted almost $8,000,000 when the State budget was passed but the item was still part of the bond. He stated he was told existing funding would be adjusted accordingly, but shared confusion as to why both State and Gilbert taxpayers were being lobbied when the item was known to be on the bond. He emphasized the bond was not specific enough, and efforts to pursue taxpayers whenever possible would result in finding something more to spend the funding on. Vice Mayor Koprowski asked staff to explain how the Town’s Capital Improvement Projects were funded and the process when alternate funding sources were received. Public Works Director Marlow explained the funding received from the State would be used to offset the cost escalation in the construction industry and the $515,000,000 bond would likely not be enough funding to complete all the projects due to the added cost escalations. She clarified that unneeded bonds would not be sold; therefore, taxpayers would not have to pay them back and each item using bond funding would have to be approved by the Council. Councilmember Hendrix commented he assumed the bond amount was determined by estimations of need to complete the projects without considered cost escalations of the next ten 2 years. He explained his objection was not to the specific project, but rather with the bond process tapping taxpayers to maintain the same tax rate, not because that exact amount was needed. He stressed as a taxpayer he would rather approve specific item expenditures than have the Council approve almost half of the annual budget as discretionary funds. He elaborated that would pose a challenge to the Council over the next ten years, and that they had not yet reached the bond but were lobbying to essentially double tax for the same project, and if successful the funding would be spent elsewhere. Councilmember Tilque hoped to get back to the specific item topic of accepting State budget funds for the project rather than discussing bond issues. She queried what would happen to the funding if the monies were accepted but the project was not completed. Town Manager Banger confirmed the funds would be earmarked for the specific project, but anticipated funds would be returned to the State if not completed. A MOTION was made by Councilmember September, seconded by Councilmember Anderson, to approve Item 2. Motion carried 6-0. Resolution No. 4221 was adopted. 3. AGREEMENT - consider approval and authorize the Mayor to execute the required documents of: a) Amendment No. 1 to the Credit Recovery, Transportation, and Reporting Agreement No. 319001035 with Cactus Surf Park, LLC, successor to The Strand @ Gilbert LLC for a modification to the tenant; and b) Amendment No. 2 to the Development, Operating and Maintenance Lease Agreement No. 319001034 with Cactus Surf Park, LLC successor to The Strand @ Gilbert LLC for a modification to the tenant and updated development schedule. Councilmember Hendrix stated he liked the idea of the waterpark but discussed challenges in water conservation and the requirement of the 25-acre waterpark to purchase 10,000-acrefeet in water credits. He reported he was unsure of the exact workings of water credits but compared them to carbon credits in the manner of the water credits purchased did not necessarily mean the water already existed nor was available for use. He summarized the inequity of carbon credits usage and carbon production of the wealthy compared to those that could not afford the same; he then highlighted the similarity of the water and carbon credits in that context. Water Resources Manager Hixson clarified energy credits were different from water credits that came from available, recharged physical water from the Phoenix Active Management Area, and that the business owner agreed to purchase the 10,000-acrefeet of water credits from the Phoenix Active Management Area. Councilmember Hendrix asked, should Town water conservation efforts be in effect, would citizens and the waterpark alike be expected to reduce water usage despite the purchased water credits. Water Resources Manager Hixson affirmed the waterpark would purchase reclaimed water credits, not from the Colorado River, and the water would be recharged locally; therefore, if the Town were under conservation measures everyone would be under those measures. 3 Town Manager Banger responded that a recent ordinance amendment passed by the Council allowed them to put together stakeholder groups of the Council and staff to best determine restrictions for the community, rather than prescriptive cuts in certain areas. Councilmember Hendrix asked for clarification of whose water usage would be restricted first, that of citizens or those with purchased water credits. Town Manager Banger reiterated the decision of restrictions would be determined by the Council in consultation with stakeholders, though the water credits purchased were not from the same source as citizen usage per Water Resources Manager Hixon’s explanation. Water Resources Manager Hixon expanded there would possibly be different regulations for separate entities if a drought plan were implemented, but restrictions would be disseminated across Gilbert’s customer classes, including the waterpark as a customer of Gilbert water. Councilmember Anderson commented the item was a good example of potential opinions and misunderstandings of conservation efforts by the Town as Tier 1 and Tier 2 shortages approached the Colorado River. He pointed out it would be important to be sensitive to those matters moving forward, then asked Water Resources Manager Hixson to provide actual usage figures the park would use compared to other entities in the Town. Water Resources Manager Hixson detailed The Strand water usage was approximately 200-acrefeet per year, about half of a golf course at approximately 485-acrefeet per year, whereas hotels were approximately 200- acrefeet per year and the average residential home was approximately ½-acrefeet per year. Thus, the usage would approximate to 400 homes per year, she then restated all users would be included in conversations of Town conservation efforts. Councilmember September asked if there were provisions in the agreement with the entity requiring they purchase the water credits and to abide by all Town ordinances, rules and regulations, or if there would be potential conflict should the Town restrict water usage via ordinance despite a lease agreement requiring water credits purchased. Town Attorney Payne confirmed the agreement required the entity bring their own water rather than use Town water, he stated he was unsure if the agreement specifically outlined compliance with Town ordinances but they would have to comply and a conflict would be unlikely if drought measures were put into Code as all clients would be impacted. Councilmember September asked for additional clarification and Town Attorney Payne explained it would be unlikely for the Town to shut down a particular water user and would require serious Council consideration. Councilmember Hendrix asked if the water credits would be controlled by the Town but owned by the purchasing entity. Town Attorney Payne summarized that the water credits bought by the entity would include the water rights associated with Wet Water, and the owner of the credits would transfer those credits to the Town allowing the Town to pull the water out in the amounts transferred. Water Resources Manager Hixson pointed out that the aquafer water was essentially already owned and shared by various entities and they regularly worked with the State and the region to manage the aquafer for all the communities. Town Attorney Payne added the agreement required the entity bring their own water to add to the Town’s portfolio so as not to use the limited existing water, the Town would then take ownership of the water and the water would be redistributed to that entity as any other water user. 4 Councilmember Tilque commented her understanding was that through negotiations the entity was aware of the different tiers of water conservation being addressed and were to be held to the same standards as others in the community. Town Attorney Payne verified the entity would adhere to the same guidelines and restrictions as all other commercial or residential water users. A MOTION was made by Councilmember Anderson, seconded by Councilmember September, to approve Item 3. Motion carried 5-1, with Councilmember Hendrix casting the dissenting vote. 4. CONTRACT – consider approval of: a) Job Order No. 7 to Job Order Contract (JOC) Contract No. 320000098 with Felix Construction Company in an amount not to exceed $561,648.01 for the Blending Control Vault, Project No. WA1370; b) Project Management/Construction Management (PM/CM) Services Contract for Design-Bid- Build (DBB) Project Contract No. 322000058 with Sunrise Engineering, Inc. in an amount not to exceed $66,270 for the Blending Control Structure Well 20 and 22, Project No. WA1370 and authorize the Mayor to execute the required documents; and c) a Contingency Transfer from the Water Fund in the amount of $296,000 for FY2022. This item was approved with the Consent Calendar vote. 5. CONTRACT – consider approval of Task Order No. 122 to Job Order Contract (JOC) Contract No. 319000397 with CS Construction Inc. in an amount not to exceed $414,205 for the installation of 252 traffic signal detection cameras at 63 locations and 30 pan/tilt/zoom cameras, Project No. TS1740, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 6. CONTRACT - consider approval and authorize the Mayor to execute the required documents of: a) Job Order No. 1 to Job Order Contract (JOC) Contract No. 321000248 with Garney Companies, Inc. in an amount not to exceed $283,352.59 for the Consolidated Canal at Site #3 Discharge Piping, Project No. WA1590, and b) Project Management/Construction Management (PM/CM) Services Contract for Design-Bid- Build (DBB) Project Contract No. 322000063 with Hazen and Sawyer in an amount not to exceed $78,173 for the Consolidated Canal at Site #3 Discharge Piping, Project No. WA1590. This item was approved with the Consent Calendar vote. 7. CONTRACT – consider approval and authorize the Mayor to execute the required documents of: 5 a) Cooperative Purchase Agreement No. 322000020 with Shasta Industries, Inc. utilizing City of Scottsdale Job Order Contract (JOC) Contract No. 2018-136-COS; and b) Task Order No. C0469 to Cooperative Purchasing Agreement No. 322000020 with Shasta Industries, Inc. in an amount not to exceed $717,200 for the Williams Field pool renovation, Project No. PR1313. This item was approved with the Consent Calendar vote. 8. CONTRACT - consider approval of expenditures utilizing Contract No. 321000076 (1GPA Contract 16-11PV-09) with HyeTech Network & Security Solutions, LLC., in an amount not to exceed $276,656.49 for network infrastructure products and services and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 9. CONTRACT – consider approval of expenditures utilizing Contract No. 319000537 with CDW Government LLC in an amount not to exceed $832,000 for Microsoft, Varonis, NetMotion, JAMF and Veeam software licenses and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 10. CHANGE ORDER – consider approval of Change Order No. 2 to Cooperative Purchasing Contract No. 321000145 with Hughes Fire Equipment, Inc. in an amount not to exceed $1,534,140 for the purchase of a Velocity aerial fire apparatus and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 11. CONTRACT – consider approval of Construction Services Contract for Construction Manager At Risk (CM@R) Project, Contract No. 322000027 with Archer Western, LLC in an amount not to exceed $3,619,480 for pre-construction services of the Neely Water Reclamation Plant (WRP) Facility Rehabilitation Project, Project Nos. WW1090, WW1100 and WW1110, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 12. CHANGE ORDER- consider approval and authorize the Mayor to execute the required documents of: a) Guaranteed Maximum Price (GMP) Change order No. 1 to Contract No. 320000197 with ET Environmental Corporation, LLC, in an amount not to exceed $994,952 for fleet maintenance facility upgrades, Project No. MF2350; 6 b) Change Order No. 1 to Contract No. 320000373 with Consultant Engineering Inc. increasing the amount by $57,620 for fleet maintenance facility upgrades, Project No. MF2350; and c) a Contingency Transfer from the Environmental Services Fund in the amount of $220,000. This item was approved with the Consent Calendar vote. 13. CONTRACT– consider approval of Purchase Contract No. 321000450 with Matheson Tri-Gas, Inc. in an amount not to exceed $200,000 for the purchase of Liquid Oxygen (LOX) to be used in Gilbert’s two surface water treatment facilities and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 14. GRANT – consider acceptance of a 12% Gaming Contributions Grant, Intergovernmental Agreement No. 322000073, from the Fort McDowell Yavapai Nation (FMYN) in the amount of $5,000 for the Native American Management Internship Program and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 14A. GRANT - consider application and acceptance of the following Visit Arizona Initiative grants: a) Contract No. 322000069 from Arizona Office of Tourism (AOT) Partnership Grant in the amount of $275,000; b) Contract No. 322000070 from Arizona Office of Tourism (AOT) Marketing Grant in the amount of $400,000; c) Contract No. 322000071 from Arizona Office of Tourism (AOT) Arizona Outdoor Attraction Revitalization Grant in the amount of $250,000; d) a Contingency Transfer from the Grant Fund in the amount of $275,000; e) a Contingency Transfer from the General Fund in the amount of $100,000; and f) a Contingency Transfer from the Grant Fund in the amount of $400,000. This item was approved with the Consent Calendar vote. 15. GRANT – consider: a) application and acceptance of 12% Gaming Contribution Grant, Intergovernmental Agreement No. 322000052, from the Salt River Pima-Maricopa Indian Community (SRP-MIC) in the amount of $29,850 for the Native American Management Internship; and 7 b) application and acceptance of a pass-through 12% Gaming Contribution Grant, Intergovernmental Agreement No. 322000053, from the Salt River Pima-Maricopa Indian Community (SRP-MIC) in the amount of $25,000 for the Dignity Health Foundation Children’s Dental clinic and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 16. MINUTES - consider approval of the minutes of the Regular Meeting of September 7, 2021 and Study Session of September 7, 2021. This item was approved with the Consent Calendar vote. PUBLIC HEARING Mayor Peterson opened the public hearing for Item 17. 17. ZONING Z20-05 - conduct hearing and consider adoption of an Ordinance amending the Town of Gilbert Land Development Code Chapter I Zoning Regulations, Division 1: General Provisions, Division 2: Land Use Designations; Division 3: Overlay Zoning Districts, Division 4: General Regulations, Division 5: Administration; and Division 6: Use Definitions; Chapter II Design Standards and Guidelines; Chapter III: Subdivision Regulations, Glossary of General Terms, Appendix 1: Graphics and the Town of Gilbert Zoning Map. Principal Planner Temes provided a summary of the Z20-05 Land Development Code Refresh. The key modifications outlined included document reorganization, altered formatting of tables and images, imbedded graphics, added links, consistent branding and other visual changes. She highlighted other modifications pertaining to removal of obsolete and redundant regulations, tracking resident, applicant and staff comments, clarifications and zoning interpretations, refreshed definitions, included trends in the market, codified needed policies and design guidelines, updated changes to Arizona Revised Statue, federal law and other related Town documents, added best practices, and other content updates. Principal Planner Temes emphasize her goal was to produce a document that would allow anyone to understand the Town Code without need for further clarification. She requested approval of the Z20-05 Land Development Code Refresh on behalf of the Redevelopment Commission, Planning Commission, and Town Staff. Councilmember September commented he met with the Home Builders Association regarding the matter and congratulated Principal Planner Temes for her time, dedication, and articulation of the Code. Mayor Peterson thanked Principal Planner Temes for her work on the refresh. Councilmember Tilque congratulated Principal Planner Temes on the amount of effort put into the refresh during an approximate two-year timeframe and thanked her for the time dedicated to responding to the public comments. Mayor Peterson closed the public hearing for Item 17. 8 A MOTION was made by Mayor Peterson, seconded by Councilmember Anderson, to approve Item 17. Motion carried 6-0. Ordinance No. 2809 was adopted. Mayor Peterson recognized Eddie Cook and Jordan Ray for their time and work with the refresh between December 2018 to March 2020 which consisted of over 25 meetings, as well as the involvement of the Development Services Director Kyle Mieras, Planning Manager Eva Cutro, Planning Commission, and the stakeholders and residents. ADMINISTRATIVE ITEMS 18. PRESENTATION- Presentation and discussion of National Citizen Survey results. Data Content Strategist Cannon presented the results of the National Citizen Survey, beginning with a summary of the survey report and history. She reported on Gilbert’s rankings on a national scale and with peer communities. She stated the survey was conducted from March 26 through May 14, 2021 with 350 residents. She discussed further demographics of those who took the survey and how it was conducted. She noted Gilbert ranked much higher than average in vibrancy of downtown (Heritage District) and shopping opportunities. She listed the following community highlights: Gilbert residents enjoyed a high quality of life, praised Gilbert’s economy, and felt safe in the community. She noted the lower rankings of use of public transportation and community engagement were up for interpretation but were consistent with previous years’ data and potential impacts due to the COVID-19 pandemic. She highlighted ease of use of public transportation and the natural environment, rated low quality but of high importance by respondents, as potential focus areas. Councilmember Anderson asked how the survey results tied into the Gilbert City of the Future Initiative. Town Manager Banger affirmed the survey was another data point to evaluate how residents felt about their local government and responses would be taken into consideration when planning special initiatives. 19. COUNCIL ADMINISTRATION - consider adoption of a Resolution designating the Town of Gilbert as a Destination Marketing Organization (DMO) for the purpose of coordinating tourism promotion with the Arizona Office of Tourism (AOT). A MOTION was made by Vice Mayor Koprowski, seconded by Councilmember Anderson, to approve Item 19. Motion carried 6-0. Resolution No. 4222 was adopted. 20. BOARDS AND COMMISSIONS – consider appointment to the Planning Commission of: a) one regular member with a partial term beginning September 21, 2021 and ending September 29, 2024; and 9 b) two alternate members with terms beginning September 30, 2021 and ending September 29, 2022. This item was approved with the Consent Calendar. Appointed to the Planning Commission were: Anthony Bianchi as a regular member with a partial term beginning September 21, 2021 and ending September 29, 2024; and Brian Johns and Sean Des Portes as alternate members with terms beginning September 30, 2021 and ending September 29, 2022. 21. BOARDS AND COMMISSIONS – consider appointment of one regular member to the Veterans Advisory Board with a partial term beginning September 21, 2021 and ending June 15, 2022. This item was approved with the Consent Calendar. Brenda Sullivan was appointed to the Veterans Advisory Board with a term beginning September 21, 2021 and ending June 15, 2022. 22. BOARDS AND COMMISSIONS – consider appointment of one regular member to the Self-Insured Trust Board with a term beginning October 1, 2021 and ending September 30, 2024. This item was approved with the Consent Calendar. Anthony Panepinto was appointed to the Self-Insured Trust Board with a term beginning October 1, 2021 and ending September 30, 2024. 23. 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 None. FUTURE MEETINGS 10 No Discussion COMMUNICATIONS Report from the TOWN MANAGER on current events. Town Manager Banger congratulated Accounting Manager Tanya Wright and the Finance Team on the 30th consecutive Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting (COA), and highlighted the work that went into the accomplishment. He congratulated Finance Director Hakon Johanson on being selected to serve a three-year term on the Government Finance Officers Association’s National Committee for Treasury and Investment Management (TIM). He recognized the countless staff working to improve the sound acoustics for the Council meetings at the Public Safety Training Facility. He congratulated the Gilbert Water Conservation Team for receiving an award from the Irrigation Association for Outstanding Industry Partnerships based on their Landscape Water Budgeting Program that helps reduce irrigation inefficiencies and celebrates Water Wise community partners. Lastly, he thanked Principal Planner Temes for her work on the Land Development Code Refresh over the previous two years. Report from the COUNCIL on current events. Vice Mayor Koprowski discussed the all-mail election regarding the election bond. She stated it was a very important matter and urged voters to educate themselves on the matter and ask the Councilmembers questions if needed. She stated the transportation and infrastructure bond would be funded within the existing 99 cent secondary property tax rate and listed the five areas the bond would support. Councilmember Hendrix thanked the members of the Police Department for providing exemplary protection and safety during the public meetings. He announced that State Representative Frank Pratt had passed away just prior to the meeting and he recalled State Representative Pratt’s career and outstanding individual character. He thanked Governor Doug Ducey for recognizing State Representative Pratt’s contributions by requesting flags be flown at half-mast in his memory. Report from the MAYOR on current events. Mayor Peterson recognized State Representative Pratt’s passing and offered thoughts and prayers to his family. She thanked Battalion Chief Mark Justus and the Gilbert Fire and Rescue Department for hosting the 9/11 Memorial at Town Hall. She recognized Vice Mayor Koprowski, Councilmembers September and Tilque, Gilbert residents, Legislative District 17 State Representative Jennifer Pawlik, and Maricopa County Supervisor Jack Sellers for their participation, and encouraged people to continue sharing their stories to keep the topic alive. Mayor Peterson thanked the staff for their work on the sound system in the Public Safety Training Facility. 11 Mayor Peterson recessed the meeting at 8:03 p.m. RECESS REGULAR MEETING AND RECONVENE IN EXECUTIVE SESSION Mayor Peterson reconvened in Executive Session at 8:14 p.m.: a) Pursuant to A.R.S. §§ 38-431.03(A)(3)(7), legal advice from the Town Attorney and discussion and consultation with Town representatives and others concerning the abandonment of a parcel of land located near the corner of Power and Pecos Roads; 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 negotiations for the potential purchase or lease of real property relating to the Town’s existing leases at the university building in the Heritage District; and c) Pursuant to A.R.S. §§ 38-431.03(A)(3), legal advice from the Town Attorney and discussion and consultation with Town representatives concerning President’s Biden’s COVID-19 action plan and its intersection with State law and impact on the Town and its operations. ADJOURN EXECUTIVE SESSION AND RECONVENE REGULAR MEETING Mayor Peterson reconvened the Regular meeting at 9:27 p.m. ADJOURN Mayor Peterson adjourned meeting at 9:27 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 21st 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 12 13

Agenda

Council Meeting Agenda September 21, 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. ADDENDUM CONSENT 14A GRANT - consider application and acceptance of the following Visit Arizona Initiative grants: a) Contract No. 322000069 from Arizona Office of Tourism (AOT) Partnership Grant in the amount of $275,000; b) Contract No. 322000070 from Arizona Office of Tourism (AOT) Marketing Grant in the amount of $400,000; c) Contract No. 322000071 from Arizona Office of Tourism (AOT) Arizona Outdoor Attraction Revitalization Grant in the amount of $250,000; d) a Contingency Transfer from the Grant Fund in the amount of $275,000; e) a Contingency Transfer from the General Fund in the amount of $100,000; and f) a Contingency Transfer from the Grant Fund in the amount of $400,000. 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 Fran Lowder of JustServe.org. ROLL CALL PRESENTATIONS; PROCLAMATIONS 1 PROCLAMATION - Proclamation declaring the month of October 2021 as Domestic Violence Awareness Month. 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 INTERGOVERNMENTAL AGREEMENT - consider adoption of a Resolution approving Intergovernmental Agreement No. 322000079 with Arizona Department of Transportation (ADOT) in an amount not to exceed $7,900,000 for the Ocotillo Road Improvement Project, Project No. ST0540, and authorize the Mayor to execute the required documents. 3 AGREEMENT - consider approval and authorize the Mayor to execute the required documents of: a) Amendment No. 1 to the Credit Recovery, Transportation, and Reporting Agreement No. 319001035 with Cactus Surf Park, LLC, successor to The Strand @ Gilbert LLC for a modification to the tenant; and b) Amendment No. 2 to the Development, Operating and Maintenance Lease Agreement No. 319001034 with Cactus Surf Park, LLC successor to The Strand @ Gilbert LLC for a modification to the tenant and updated development schedule. 4 CONTRACT – consider approval of: a) Job Order No. 7 to Job Order Contract (JOC) Contract No. 320000098 with Felix Construction Company in an amount not to exceed $561,648.01 for the Blending Control Vault, Project No. WA1370; b) Project Management/Construction Management (PM/CM) Services Contract for Design-Bid- Build (DBB) Project Contract No. 322000058 with Sunrise Engineering, Inc. in an amount not to exceed $66,270 for the Blending Control Structure Well 20 and 22, Project No. WA1370 and authorize the Mayor to execute the required documents; and c) a Contingency Transfer from the Water Fund in the amount of $296,000 for FY2022. 5 CONTRACT – consider approval of Task Order No. 122 to Job Order Contract (JOC) Contract No. 319000397 with CS Construction Inc. in an amount not to exceed $414,205 for the installation of 252 traffic signal detection cameras at 63 locations and 30 pan/tilt/zoom cameras, Project No. TS1740, and authorize the Mayor to execute the required documents. 6 CONTRACT - consider approval and authorize the Mayor to execute the required documents of: a) Job Order No. 1 to Job Order Contract (JOC) Contract No. 321000248 with Garney Companies, Inc. in an amount not to exceed $283,352.59 for the Consolidated Canal at Site #3 Discharge Piping, Project No. WA1590, and b) Project Management/Construction Management (PM/CM) Services Contract for Design-Bid-Build (DBB) Project Contract No. 322000063 with Hazen and Sawyer in an amount not to exceed $78,173 for the Consolidated Canal at Site #3 Discharge Piping, Project No. WA1590. 7 CONTRACT – consider approval and authorize the Mayor to execute the required documents of: a) Cooperative Purchase Agreement No. 322000020 with Shasta Industries, Inc. utilizing City of Scottsdale Job Order Contract (JOC) Contract No. 2018-136-COS; and b) Task Order No. C0469 to Cooperative Purchasing Agreement No. 322000020 with Shasta Industries, Inc. in an amount not to exceed $717,200 for the Williams Field pool renovation, Project No. PR1313. 8 CONTRACT - consider approval of expenditures utilizing Contract No. 321000076 (1GPA Contract 16-11PV-09) with HyeTech Network & Security Solutions, LLC., in an amount not to exceed $276,656.49 for network infrastructure products and services and authorize the Mayor to execute the required documents. 9 CONTRACT – consider approval of expenditures utilizing Contract No. 319000537 with CDW Government LLC in an amount not to exceed $832,000 for Microsoft, Varonis, NetMotion, JAMF and Veeam software licenses and authorize the Mayor to execute the required documents. 10 CHANGE ORDER – consider approval of Change Order No. 2 to Cooperative Purchasing Contract No. 321000145 with Hughes Fire Equipment, Inc. in an amount not to exceed $1,534,140 for the purchase of a Velocity aerial fire apparatus and authorize the Mayor to execute the required documents. 11 CONTRACT – consider approval of Construction Services Contract for Construction Manager At Risk (CM@R) Project, Contract No. 322000027 with Archer Western, LLC in an amount not to exceed $3,619,480 for pre-construction services of the Neely Water Reclamation Plant (WRP) Facility Rehabilitation Project, Project Nos. WW1090, WW1100 and WW1110, and authorize the Mayor to execute the required documents. 12 CHANGE ORDER- consider approval and authorize the Mayor to execute the required documents of: a) Guaranteed Maximum Price (GMP) Change order No. 1 to Contract No. 320000197 with ET Environmental Corporation, LLC, in an amount not to exceed $994,952 for fleet maintenance facility upgrades, Project No. MF2350; b) Change Order No. 1 to Contract No. 320000373 with Consultant Engineering Inc. increasing the amount by $57,620 for fleet maintenance facility upgrades, Project No. MF2350; and c) a Contingency Transfer from the Environmental Services Fund in the amount of $220,000. 13 CONTRACT– consider approval of Purchase Contract No. 321000450 with Matheson Tri-Gas, Inc. in an amount not to exceed $200,000 for the purchase of Liquid Oxygen (LOX) to be used in Gilbert’s two surface water treatment facilities and authorize the Mayor to execute the required documents. 14 GRANT – consider acceptance of a 12% Gaming Contributions Grant, Intergovernmental Agreement No. 322000073, from the Fort McDowell Yavapai Nation (FMYN) in the amount of $5,000 for the Native American Management Internship Program and authorize the Mayor to execute the required documents. 15 GRANT – consider: a) application and acceptance of 12% Gaming Contribution Grant, Intergovernmental Agreement No. 322000052, from the Salt River Pima-Maricopa Indian Community (SRP-MIC) in the amount of $29,850 for the Native American Management Internship; and b) application and acceptance of a pass-through 12% Gaming Contribution Grant, Intergovernmental Agreement No. 322000053, from the Salt River Pima-Maricopa Indian Community (SRP-MIC) in the amount of $25,000 for the Dignity Health Foundation Children’s Dental clinic and authorize the Mayor to execute the required documents. 16 MINUTES - consider approval of the minutes of the Regular Meeting of September 7, 2021 and Study Session of September 7, 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. 17 ZONING Z20-05 - conduct hearing and consider adoption of an Ordinance amending the Town of Gilbert Land Development Code Chapter I Zoning Regulations, Division 1: General Provisions, Division 2: Land Use Designations; Division 3: Overlay Zoning Districts, Division 4: General Regulations, Division 5: Administration; and Division 6: Use Definitions; Chapter II Design Standards and Guidelines; Chapter III: Subdivision Regulations, Glossary of General Terms, Appendix 1: Graphics and the Town of Gilbert Zoning Map. 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. 18 PRESENTATION- Presentation and discussion of National Citizen Survey results. 19 COUNCIL ADMINISTRATION - consider adoption of a Resolution designating the Town of Gilbert as a Destination Marketing Organization (DMO) for the purpose of coordinating tourism promotion with the Arizona Office of Tourism (AOT). 20 BOARDS AND COMMISSIONS – consider appointment to the Planning Commission of: a) one regular member with a partial term beginning September 21, 2021 and ending September 29, 2024; and b) two alternate members with terms beginning September 30, 2021 and ending September 29, 2022. 21 BOARDS AND COMMISSIONS – consider appointment of one regular member to the Veterans Advisory Board with a partial term beginning September 21, 2021 and ending June 15, 2022. 22 BOARDS AND COMMISSIONS – consider appointment of one regular member to the Self-Insured Trust Board with a term beginning October 1, 2021 and ending September 30, 2024. 23 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. RECESS REGULAR MEETING AND RECONVENE IN EXECUTIVE SESSION a) Pursuant to A.R.S. §§ 38-431.03(A)(3)(7), legal advice from the Town Attorney and discussion and consultation with Town representatives and others concerning the abandonment of a parcel of land located near the corner of Power and Pecos Roads; 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 negotiations for the potential purchase or lease of real property relating to the Town’s existing leases at the university building in the Heritage District; and c) Pursuant to A.R.S. §§ 38-431.03(A)(3), legal advice from the Town Attorney and discussion and consultation with Town representatives concerning President’s Biden’s COVID-19 action plan and its intersection with state law and impact on the Town and its operations. ADJOURN EXECUTIVE SESSION AND RECONVENE REGULAR MEETING 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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