Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF TUESDAY, JANUARY 25, 2022 AT 6:30 PM, GILBERT PUBLIC SAFETY TRAINING FACILITY, ATLAS AUDITORIUM, 6860 SOUTH POWER ROAD, GILBERT, ARIZONA COUNCIL PRESENT: Mayor Brigette Peterson, Vice Mayor Aimee Yentes, Councilmembers Scott Anderson, Yung Koprowski, Scott September, and Kathy Tilque COUNCIL ABSENT: Councilmember Laurin Hendrix STAFF PRESENT: Town Manager Patrick Banger, Town Clerk Chaveli Herrera, Deputy Clerk Judy Martinez, Town Attorney Christopher Payne, and Assistant Fire Chief Bob Badgett AGENDA ITEM CALL TO ORDER Mayor Peterson called the meeting to order at 6:37 p.m. PRESENTATION OF STUDENT CITIZEN OF THE MONTH AWARD Vice Mayor Yentes read the names of the following Student Citizen of the Month recipients for the month of December 2021 (listed alphabetically by school): Caroline Manning, Brody Ross, Alyssa Cook, Brooklynn Burrell, Logan Sharp, Tenley High, Rory Leek, Eliza Sanders, Nash Browder, Riddhisha Singh, Jesse Garcia, Alexis Mudgett, Alexander Castro, Hailey Long, Avery Brown, Lauren Luedke, Keira Styers, Landen Foster, Kennedy Broderson, Navy Call, Chloe Peterson, Robert Buturla, Aramis Chancellor, Jaydn Bayford, Madison Trimmer, Jocelynn Cantu, Warrick Darling, Heather Buckner, Preston Kirby, Cora Dye, Miya Dudt, Thanh Hoang, and Asher Olimb. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Anderson led the Pledge of Allegiance. Heather Watts of The Church of Jesus Christ of Latter-day Saints gave the invocation. ROLL CALL Town Clerk Herrera called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS None. COMMUNICATIONS FROM CITIZENS 1 Doralise Machado-Liddell, Gilbert resident, addressed the redevelopment topic of Study Session held prior to the Regular Council Meeting. She stated one of the key issues in redevelopment was eminent domain, adding that she had heard that Gilbert had never used eminent domain. She asked the Council to review the Council minutes, Redevelopment Commission minutes from the 1990’s, and the history of the redevelopment area. She said she understood the Town had used eminent domain before or that people were given options or told that eminent domain would be used. She spoke of her experience as a property owner in a redevelopment district and not knowing how the law or design guidelines would affect her property. She said it was not something that should be taken lightly or something that should go on for long periods of time. She spoke of government overreach and asked for partnerships, versus regulation. She then asked the Town Attorney to look into whether the Town had used eminent domain. CONSENT CALENDAR A MOTION was made by Councilmember Tilque, seconded by Councilmember Koprowski, to approve Consent Items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16. Motion carried 6-0. Prior to the Consent Calendar Vote, the Council discussed Items 1, 3, and 4 together. Vice Mayor Yentes asked about the backup agreement with Queen Creek in Item 3 and how many ambulances Queen Creek had in circulation. Assistant Fire Chief Badgett stated Queen Creek had at least one ambulance in their possession that they would run as needed, but Queen Creek did not currently run any on a permanent basis and were still under contract with American Medical Response of Maricopa (AMR)/Global Medical Response (GMR). Vice Mayor Yentes asked how that would benefit Gilbert. Assistant Fire Chief Badgett stated it was more about the Certificate of Necessity (CON) coverage and allowing Gilbert to move into different areas of the CON to stay in compliance. He discussed instances when Queen Creek may put their ambulance into service and then could assist Gilbert on an as-needed basis, adding it would likely be to help respond to major events. Vice Mayor Yentes stated part of the reason Gilbert moved into operating its own ambulance service was to have more control of resources and coverage. She asked if that agreement would pull those resources into other communities. Assistant Fire Chief Badgett stated it was possible in a major event, but said it would also be possible for that to be reciprocal, adding it was more of a mutual aid approach rather than an automatic aid approach. He stated that a jurisdictional boundary should not prevent someone from getting help in immediate threats. Assistant Fire Chief Badgett discussed the backup agreement with American Medical Response of Maricopa (AMR) in Item 4, stating it also provided backup coverage and reciprocal agreements with providers in those areas. Vice Mayor Yentes discussed the backup agreement with Superstition Fire and Medical Department (SFMD) in Item 1, located in Gold Canyon, asking if it would lead to the need for additional ambulances if Gilbert were sending resources that far away. Assistant Fire Chief Badgett stated it was unlikely based on the distance, as there would a long response time between Gilbert and the Superstition area. He said if there were a need it would likely be a 2 major event, such as a tour bus accident. He reiterated that those agreements were reciprocal in nature and about providing a level of service to Gilbert residents and, to do so, offering the same back to Gilbert’s partners and neighboring agencies. Vice Mayor Yentes asked if there were any kind of other stipulations in the three agreements of Items 1, 3, and 4 that would hold Gilbert accountable to certain response times. Assistant Fire Chief Badgett answered no, adding that the backup agreements were not regulated by the Department of Health Services (DHS) and the response times were not included in the criteria for the DHS annual report. Vice Mayor Yentes asked if it was strictly backup but not mutual aid. Assistant Fire Chief Badgett replied there was a small component related to instances such as drownings, childbirth, heart attacks, and strokes for Gilbert to help if closer, stating there was no negative financial impact to Gilbert and it prevented a debate when a significant difference could be made to someone’s health or safety. Vice Mayor Yentes asked if there was any prioritization on whom would be called first. Assistant Fire Chief Badgett stated there was no fee charged at any agency, adding that if AMR responded they would not charge Gilbert, they would charge the citizen for the transport. He said if AMR were on the scene and cancelled, there was no financial impact to Gilbert but Gilbert was capable of charging for services provided in other areas. He added that dispatch would send the closest unit that could provide the appropriate level of care in the fastest amount of time. Councilmember September thanked Assistant Fire Chief Badgett for clarifying that the level of service was billed to the person being served, then asked if it was the first time Gilbert had the backup Intergovernmental Agreements (IGAs) with those jurisdictions. Assistant Fire Chief Badgett stated there were many IGAs with Mesa and Queen Creek, such as providing maintenance on fire trucks with these agencies. He confirmed it was the first time IGAs were used to support each other’s Certificates of Necessity (CONs), noting the need was due to CON boundaries that were reported to the State of Arizona annually and how those boundaries created quandaries in providing service. He discussed the benefit to overlap CONs and the need for the backup agreements in order to be in compliance. Councilmember Tilque noted that when the Council voted to support Gilbert’s ambulance service, a stipulation was to bring forward backup agreements. 1. INTERGOVERNMENTAL AGREEMENT – consider adoption of a Resolution approving Intergovernmental Agreement No. 322000183 with the Superstition Fire and Medical Department (SFMD) to provide ambulance transportation back-up services, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 4244 was adopted. 3 2. INTERGOVERNMENTAL AGREEMENT – consider adoption of a Resolution approving Amendment No. 1 to Intergovernmental Agreement No. 320000168 with the City of Chandler for a Joint Holding Facility, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 4245 was adopted. 3. INTERGOVERNMENTAL AGREEMENT - consider adoption of a Resolution approving Intergovernmental Agreement No. 322000189 with the Town of Queen Creek to provide ambulance transportation backup services, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 4246 was adopted. 4 4. INTERGOVERNMENTAL AGREEMENT – consider approval of Intergovernmental Agreement No. 322000190 with American Medical Response of Maricopa (AMR) to provide ambulance transportation backup services and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 5. CONTRACT – consider approval of Task Order No. 128 to Job Order Contract (JOC) Contract No. 319000397 with CS Construction, Inc. in an amount not to exceed $525,927.50 for the Recker Road Fiber Installation from Baseline Rd to Guadalupe Rd, Project No. TS1949, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 6. CONTRACT – consider approval of: a) Construction Services Contract for Design-Bid-Build (DBB) Project Contract No. 322000145 with Hunter Contracting Co. in an amount not to exceed $2,890,425.30 for the Val Vista Drive/Eastern Canal Bridge Repair, Project No. ST1710, and authorize the Mayor to execute the required documents; and b) a Contingency Transfer in the amount of $1,250,000 utilizing 2017 General Obligation bonds as the designated funding source. This item was approved with the Consent Calendar vote. 7. CONTRACT – consider approval of : a) guaranteed maximum price (GMP) No. 1 to Construction Services Contract for Construction Manager at Risk (CM@R) Project Contract No. 322000164 with Sundt/PCL in an amount not to exceed $23,820,000 for the North Water Treatment Plant (NWTP) Facility Upgrades and Reconstruction, Project No. WA1589, and authorize the Mayor to execute the required documents; and b) a Contingency Transfer in the amount of $24,000,000 with the Water Resources MPC bonds as the designated funding source. This item was approved with the Consent Calendar vote. 5 8. CONTRACT - consider approval of Task Order No. 28 to Job Order Contract (JOC) Contract No. 319001049 with TALIS Construction Corporation in an amount not to exceed $966,943.36 for Micro Seal application 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: a) a Cooperative Purchase Agreement No. 322000023 with Pueblo Mechanical & Controls, LLC utilizing 1 Government Procurement Alliance (1GPA) Cooperative Purchasing Contract No. 18-16PV in an amount not to exceed $1,500,000 to provide Job Order Contract – Mechanical Services, materials and/or equipment; and b) Job Order No. 1 to Contract No. 322000023 with Pueblo Mechanical & Controls, LLC in an amount not to exceed $545,296.08 for Fleet Shop South Area Service Center 3 Cooler Upgrades, Project No. 21-002920, and authorize the Mayor to execute the required documents; and c) a Contingency Transfer from the General Fund in the amount of $143,296.08. This item was approved with the Consent Calendar vote. 10. CONTRACT – consider approval of Job Order No. 11 to Job Order Contract (JOC) Contract No. 320000098 with Felix Construction Company in an amount not to exceed $610,531 for Layton Lakes Lift Station Improvements, Project No. WW1160, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 11. CHANGE ORDER – consider approval of Change Order No. 1 to Contract No. 321000184 with Databank IMX LLC increasing the contract amount by $118,040 for payment of annual support and maintenance, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 12. LEGAL– consider adoption of a Resolution approving a Settlement and Release Agreement with Ray and Lindsay-11, LLC regarding Maricopa County Superior Court Case No. CV2018- 011285, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 4247 was adopted. 13. RISK MANAGEMENT - consider acceptance of the Risk Management Quarterly report for the Fiscal Year 2022 Quarter 2. This item was approved with the Consent Calendar vote. 6 14. HUMAN RESOURCES- consider approval of a new Employment Agreement No. 322000209 with Town Manager Patrick Banger. This item was approved with the Consent Calendar vote. 15. BOARDS AND COMMISSIONS - consider approval of amendments to the Community Engagement Task Force; adding appointments for two alternate members, and removing the ending term dates for all members from a date-certain to end after advising to the Council on the requested issues is completed, if no other tasks are assigned. This item was approved with the Consent Calendar vote. 16. MINUTES - consider approval of the minutes of the Regular Meeting of January 11, 2022 and the Special Meeting of January 11, 2022. This item was approved with the Consent Calendar vote. PUBLIC HEARING 17. GENERAL PLAN GP21-02 / ZONING Z21-04 MARRIOTT TOWNEPLACE SUITES - conduct hearing and consider: a) adoption of a Resolution approving a Minor General Plan Amendment to change the land use classification of approximately 2.6 acres generally located at the southwest corner of Mercy and Pecos Roads from Public Facility/Institutional to General Commercial; and b) approval of the findings and adoption of an Ordinance for Marriott Towneplace Suites to amend Ordinance No. 2210 pertaining to the Celebration Center Campus Planned Area Development overlay zoning district (PAD) by removing from the Celebration Center Campus PAD approximately 2.6 acres of Public Facilities/Institutional (PF/I) zoning district generally located at the southwest corner of Mercy and Pecos Roads, approving the Development Plan for the Marriott Towneplace Suites PAD; and changing the zoning classification of said real property from 2.6 acres of Public Facility/Institutional (PF/I) zoning district to 2.6 acres of General Commercial (GC) zoning district, with a PAD, to modify building height requirement and minimum rear building and landscape setbacks. Mayor Peterson opened the public hearing for Item 17. No one wished to speak and Mayor Peterson closed the public hearing. A MOTION was made by Councilmember Anderson, seconded by Councilmember Tilque, to approve public hearing Items 17. Motion carried 6-0. Resolution No. 4248 and Ordinance No. 2815 were adopted. 18. 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 7 to Heritage Village Center (HVC) zoning district with a Planned Area Development (PAD) overlay zoning district. Agenda item has been withdrawn. 19. CODE OF GILBERT - conduct hearing and consider adoption of an Ordinance amending the Code of Gilbert, Arizona, by amending Chapter 10 Buildings and Construction Regulations, Article II Technical Codes, Section 10-41 Adoption of the standards for encroachment of structures into the public right-of-way, and Article VI Public Works, Section 10-202 Adoption of Town of Gilbert's public works and engineering standards, the supplement to MAG uniform standard details for public works construction, and the supplement to MAG uniform standard specifications for public works construction related to standards of public works construction in the town. Mayor Peterson opened the public hearing for Item 19. Councilmember Koprowski stated that upon reviewing the item, she had requested additional time for staff to respond to questions regarding the access management language changes. Mayor Peterson closed the public hearing for Item 19. A MOTION was made by Councilmember Koprowski, seconded by Councilmember September, to continue Item 19 to the next Council meeting. Motion carried 6-0. 8 ADMINISTRATIVE ITEMS 20. BOARDS, COMMISSIONS, AND COMMITTEES - reports from Council Liaisons for the: a) Council Subcommittees b) Ad Hoc Committees c) Regional Meetings d) Industrial Development Authority e) Judicial Selection and Advisory Board f) Mayor’s Youth Advisory Committee g) Parks and Recreation Board h) Planning Commission i) Police and Fire Public Safety Personnel Retirement System (PSPRS) Local Pension Boards j) Redevelopment Commission k) Town of Gilbert, AZ Deferred Compensation Trust Board l) Town of Gilbert, AZ Public Facilities Municipal Property Corporation m) Town of Gilbert, AZ Self-Insured Trust Fund Board n) Town of Gilbert, AZ Water Resources Municipal Property Corporation o) Utilities Board p) Veterans Advisory Board Councilmember Tilque noted the deadline for purchasing a brick for the Gilbert Sister Cities Garden was approaching on February 1, 2022. POLICY ITEMS None. FUTURE MEETINGS No discussion. COMMUNICATIONS Report from the TOWN MANAGER on current events. There was no report. Report from the COUNCIL on current events. There was no report. Report from the MAYOR on current events. 9 Mayor Peterson reported that the Community Food Drive would be taking place at the end of February. She also noted a Coffee with a Cop event on January 26, 2022 at 8:00 a.m. at Higher Grounds Roastery and Café. ADJOURN Mayor Peterson adjourned the meeting at 7:04 p.m. ATTEST: ___________________________ ___________________________________ Brigette Peterson, Mayor Chaveli Herrera, 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 25th day of January, 2022. I further certify that the meeting was duly called and held and that a quorum was present. Dated this ____ day of ____________________2022. ___________________________________ Chaveli Herrera, Town Clerk 10