Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF TUESDAY, FEBRUARY 8, 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, Laurin Hendrix, Yung Koprowski, Scott September, and Kathy Tilque COUNCIL ABSENT: None STAFF PRESENT: Town Manager Patrick Banger, Town Clerk Chaveli Herrera, Deputy Clerk Judy Martinez, Town Attorney Christopher Payne, and Community Resources Program Supervisor Jennifer Lauria AGENDA ITEM CALL TO ORDER Mayor Peterson called the meeting to order at 6:32 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Mona Mendez of Baha’i Faith Local Spiritual Assembly gave the invocation. Councilmember September led the Pledge of Allegiance. ROLL CALL Town Clerk Herrera called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS 1. PROCLAMATION - Proclamations that were issued and not presented during a Council Meeting are as follows: a) Proclamation declaring February 21, 2022 as International Mother Language Day. This proclamation was presented and mailed prior to the Council meeting. 1 2. PROCLAMATION - Proclamation declaring the month of February 2022 as Go Red for Women Month. Councilmember Koprowski read a proclamation declaring February 2022 as Go Red for Women Month, and presented the proclamation to Stacy Johnson, the Go Red Ambassador of the American Heart Association. COMMUNICATIONS FROM CITIZENS There were no public comments during the meeting. Two emails were submitted for the Council prior to the Council meeting from Alvin Curcio, Gilbert resident, regarding excessive dog barking. He noted Code of Gilbert Chapter 42, Article III, Division I, Section 42-64, Unnecessary Noise, and the Ordinance regarding dog barking, but stated it lacked “…any concreate resolution for the resident.” He asked how he could proceed further with the issue and provided an audio sample of the barking. Two emails were submitted for the Council prior to the Council meeting from Tanya Kleinschmidt, Gilbert resident, regarding conflicting information on the permit process for a home remodel and attached sheds. She provided a letter with background information, a link to a narrative from her attorney, and a summary of efforts with Gilbert staff. She also included photos and letters of commendation, requesting it be an agenda item for the Town Council. CONSENT CALENDAR A MOTION was made by Mayor Peterson, seconded by Vice Mayor Yentes, to approve Consent Items 3, 4, 6, 7, 8, 9, 10, and 11; remove Item 5 from the Consent Calendar; and add Administrative Item 18 to the Consent Calendar. Motion carried 7-0. 3. AGREEMENT - consider approval of: a) Professional Consulting Services Agreement No. 322000007 with Hazen and Sawyer, PLLC in an amount not to exceed $1,124,750 for the Integrated Water Resources Master Plan, Project No. WA1584, and authorize the Mayor to execute the required documents; b) a Contingency Transfer from the Water Fund in the amount of $635,000; and c) a Contingency Transfer from the Wastewater Fund in the amount of $560,000. This item was approved with the Consent Calendar vote. 4. CONTRACT – consider approval of Amendment No. 2 to Contract No. 321000265 with AZCEND, transferring the amount of $600,000 from Contract No. 321000266 with Save A Family to Contract No. 321000265, for emergency rental assistance funding and authorize the Mayor to execute the required documents. 2 This item was approved with the Consent Calendar vote. 5. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS – consider approval of the Substantial Amendment No. 4 to the 2019-2020 and Substantial Amendment No. 1 2020- 2021 Annual Action Plans for Community Development Block Grant (CDBG) Activities, and authorize the Mayor or her designee to submit the Plan to the US Department of Housing and Urban Development. Vice Mayor Yentes stated she would like to vote on Item 5 separately. Councilmember Anderson noted that a past public hearing on the item was held at the Public Safety Training Facility but had no attendance. He asked if staff considered having a public hearing in the Heritage District instead to solicit comments. Community Resources Program Supervisor Lauria stated no, but it was posted on various social media outlets. A MOTION was made by Councilmember Tilque, seconded by Councilmember September, to approve Item 5. Motion carried 6-1, with Vice Mayor Yentes casting the dissenting vote. 6. BUDGET – consider approval of Contingency Transfer in the total amount of $61,460 for the claim settlements incurred for the period of October 1, 2021 to December 31, 2021 from: a) the General Fund in the amount of $12,550; b) the Streets Fund in the amount of $25,970; c) the Water Operating Fund in the amount of $13,100; d) the Environmental Services - Residential Fund in the amount of $2,860; e) the Environmental Services - Commercial Fund in the amount of $6,780; and f) the Fleet Fund in the amount of $200. This item was approved with the Consent Calendar vote. 7. BUDGET/HUMAN RESOURCES – consider approval of Contingency Transfer in the total amount of $220,260 for tuition reimbursement costs from: a) the General Fund in the amount of $205,550; and b) the Water Fund in the amount of $14,710. This item was approved with the Consent Calendar vote. 8. PUBLIC SAFETY – consider adoption of a Resolution adopting the 2021 3 Maricopa County Multi-Jurisdictional Multi-Hazard Mitigation Plan. This item was approved with the Consent Calendar vote. Resolution No. 4249 was adopted. 9. BOARDS AND COMMISSIONS – consider acceptance of the resignation of Jason Geroux from the Parks and Recreation Board, effective February 8, 2022. This item was approved with the Consent Calendar vote. 10. BOARDS AND COMMISSIONS – consider acceptance of the resignation of Courtney Boles from the Self-Insured Trust Board, effective February 8, 2022. This item was approved with the Consent Calendar vote. 11. MINUTES - consider approval of the minutes of the Regular Meeting on January 25, 2022, Study Session of January 25, 2022, and Special Meeting of January 13, 2022. This item was approved with the Consent Calendar vote. PUBLIC HEARING Mayor Peterson opened the public hearing for items 12, 14, 15, 16, and 16A. No one wished to speak and Mayor Peterson closed the public hearing. A MOTION was made by Councilmember September, seconded by Councilmember Koprowski, to approve public hearing items 12, 14, 15, 16, and to continue Item 16A . Motion carried 7-0. 12. LIQUOR LICENSE – conduct hearing and consider approval of a Series 9 Liquor Store Alcohol License for Basha's #172, located at 99 South Higley Road. This item was approved with the Public Hearing Vote. 13. LIQUOR LICENSE – conduct hearing and consider approval of a Series 10 Beer and Wine Alcohol License for Super Star Car Wash, located at 1742 North Higley Road. Mayor Peterson opened the public hearing for Item 13. Councilmember Koprowski noted that Super Star Car Wash was a client of hers and she would recuse herself from the item. Mayor Peterson closed the public hearing for Item 13. A MOTION was made by Councilmember Tilque, seconded by Councilmember Anderson, to approve Item 13. Motion carried 6-0-1, with Councilmember Koprowski abstaining. 14. LIQUOR LICENSE – conduct hearing and consider approval of Series 12 4 Restaurant Alcohol License for Sip & Shop Arizona, located at 2180 East Williams Field Road, Suite 110. This item was approved with the Public Hearing Vote. 15. GENERAL PLAN GP21-08 / ZONING Z21-10 - conduct hearing and consider: a) adoption of a Resolution approving a Minor General Plan Amendment to change the land use classification of approximately 8.34 acres generally located east of Higley Road and south of Inverness Avenue from Regional Commercial to Residential >25-50 du/acre; and b) approval of the findings and adoption of an Ordinance for Higley Apartments to rezone approximately 8.34 acres of real property generally located east of Higley Road and south of Inverness Avenue from Regional Commercial (RC) to Multi Family - High (MF-H) zoning district with a Planned Area Development overlay zoning district (PAD), to adopt a development plan for the site. This item was approved with the Public Hearing Vote. Resolution No. 4250 and Ordinance No. 2817 were adopted. 16. PROPERTY ACQUISITION – conduct hearing and consider adoption of a Resolution approving the acquisition of right-of-way and easement for Heritage District - ADA Sidewalk Repairs, Project No. RD2262. This item was approved with the Public Hearing vote. Resolution No. 4251 was adopted. 16A. 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. The request to continue the item was approved with the Public Hearing vote. Item continued to the March 29, 2022 Town Council Meeting. ADMINISTRATIVE ITEMS 17. BOARDS AND COMMISSIONS – consider appointment of nine regular members and two alternate members to the Community Engagement Task Force; with terms beginning February 8, 2022 and ending after advising is completed on the assigned projects and issues, if no other tasks are assigned by the Council. 5 Councilmember Tilque discussed the process for the new Task Force and stated 84 applications were received, noting it was the most applications ever received for a board or commission. She thanked the Council for the time and diligence to review the applications. She discussed a new pilot process which included the ranking of the standard application, followed by sending an invitation to 35 of the applicants to complete a video interview. She stated the Council then ranked the applicants who had completed the video interview portion and after reviewing, she felt comfortable to not need an additional set of interviews since the rankings continued to be similar. She listed the names of the applicants in alphabetical order who would be recommended for the appointments pending Council approval. She noted the hope to have the alternates be a part of the meetings and that the other applicants would also be engaged in the efforts with other opportunities for people to be involved. Mayor Peterson thanked all those who applied and who agreed to serve the community in a new effort and stated she looked forward to new process including the video interview portion that was used for this item. A MOTION was made by Councilmember Tilque, seconded by Councilmember Koprowski, to appoint Iya Affo, Chris Curley, Katie Hackett, Amy Holstein, Alexandra Rodriguez, Javier Rodriguez, Christine Sabel, Sean Warren, and Heather Watts to the Community Engagement Task Force as regular members; and Suzanne Lunt and Bus Obayomi as alternates; with terms beginning February 8, 2022 and ending after advising is completed on the assigned projects and issues. Motion carried 7-0. 18. COUNCIL ADMINISTRATION - consider acceptance of the Budget Report and Contingency Report for the Second Quarter of FY2022. This item was approved with the Consent Calendar vote. 19. 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 6 None. POLICY ITEMS None. FUTURE MEETINGS No discussion. COMMUNICATIONS Report from the TOWN MANAGER on current events. Town Manager Banger recognized the following individuals who served as part of a group meeting, four years in the making, regarding the North Water Treatment Plant Construction Project: Assistant Public Works Director Eric Braun, Water Treatment Utility Supervisors Robert Braymiller and Connor Essary, Town Engineer David Fabiano, Water Manager Rebecca Hamel, Public Works Director Jessica Marlow, Water Production Superintendent Kurtis McDavid, Water Treatment Plan Lead Operator Rick Nevarez, Assistant Public Works Director Giao Pham, Assistant Town Engineer Susanna Struble, Assistant Town Manager Leah Hubbard- Rhineheimer, and former Water Resources and Energy Planning Advisor Gretchen Baumgardner. He said it was a great effort, noting the groundbreaking would be on March 1, 2022 for the project. He congratulated Economic Development Director Dan Henderson and Economic Development Deputy Director Jennifer Graves for hosting individuals for the reaccreditation process with the International Economic Development Council (IEDC). He also announced the departure of Audio-Visual Technician Eric Garcia who would be moving to the public sector, adding he wished Eric and his family the best of luck and thanking him for his help, particularly with commissioning the Public Safety Training Facility. Report from the COUNCIL on current events. Councilmember Koprowski wished everyone a Happy Lunar New Year and Happy Valentine’s Day. Report from the MAYOR on current events. Mayor Peterson noted Audio-Visual Technician Eric Garcia was always helpful and smiling and would be missed. She congratulated Town Manager Banger, stating he was elected by his peers to serve as the 2022 President-Elect for the Arizona City Managers Association (ACMA) during their 2023 Winter Conference; adding he was great leader and Gilbert was fortunate to have him. She noted Transportation Manager Chris Bridges’ efforts with public outreach for the Transportation Master Plan, which was now live, and discussed how to access the plan and how to provide feedback. She reported that the Community Food Drive would be held on February 25-26, 2022 at local churches and to check the Town’s website for donation sites or to make cash donations. She noted that the March 2021 food drive resulted in 61,167 pounds of food and 7 $12,308 in cash, totaling 112,512 meals directly to the Gilbert Community. She noted she attended a Night of Hope 4 Event at the Cornerstone Church in Chandler and discussed human trafficking, then thanked Councilmember September and Pastor Eric Jones. Lastly, she welcomed new Mayor’s Aide Kirsten Morgan. RECESS REGULAR MEETING AND RECONVENE IN EXECUTIVE SESSION Mayor Peterson recessed the meeting at 6:57 p.m. Pursuant to A.R.S. §§ 38-431.03(A)(3),(4) legal advice from the Town Attorney and discussion and consultation with Town representatives concerning the Amended and Restated Cooley Center Development Agreement and a development agreement with Fred’s Place, LLC and Italow, LLC for land located near the northeast corner of Williams Field and Recker Roads. ADJOURN EXECUTIVE SESSION AND RECONVENE REGULAR MEETING Mayor Peterson reconvened the Regular meeting at 7:33 p.m. ADJOURN Mayor Peterson adjourned the meeting at 7:33 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 8th day of February, 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 8