Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF TUESDAY, AUGUST 9, 2022, AT 6:30 PM, GILBERT PUBLIC SAFETY TRAINING FACILITY, ATLAS AUDITORIUM, 50 E CIVIC CENTER DRIVE, GILBERT, ARIZONA COUNCIL PRESENT: Mayor Brigette Peterson, Vice Mayor Aimee Yentes, Councilmembers Scott Anderson, Laurin Hendrix (attended virtually), 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, Police Chief Michael Soelberg, and Senior Planner Keith Newman AGENDA ITEM CALL TO ORDER Mayor Peterson called the meeting to order at 6:46 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Student Pastor Jeremiah Dennis of Redeemer Bible Church gave the invocation. Vice Mayor Yentes led the Pledge of Allegiance. ROLL CALL Town Clerk Herrera called roll and declared a quorum present. 1 PRESENTATIONS; PROCLAMATIONS None. COMMUNICATIONS FROM CITIZENS Allison D’Ambrosio Bones, not a Gilbert resident, identified herself as the founder of the nonprofit organization T.E.A.M. 4 Travis. She discussed Isolated Congenital Asplenia (ICA) and its effects., adding she would be speaking to Senator Mark Kelly’s Office about legislation for improved access to genetic counselors. She noted the Gilbert Water Tower would be lit orange for Asplenia Awareness Day and said August 25th was proclaimed as T.E.A.M. 4 Travis Asplenia Awareness Day by Governor Doug Ducey. She discussed the nonprofit’s efforts including advocation for congressional support for Federal legislation to allow the newborn screening program to continue to expand, co-funding a grant, and the possible future creation of a test for the disease. She discussed the organization’s upcoming events and asked people to visit www.team4travis.org to learn more about ICA and the group’s efforts. Aimee Keller, Gilbert resident, spoke in appreciation of the Town Council and staff. She said For Our City-Gilbert was an organization that brought together members of different faiths, nonprofits, and businesses. She said they would be hosting a school supply drive in September and to look for more information on the Town’s channels. Ron Coon, Gilbert resident, said he was worried about work effecting his backyard along the powerlines between Burke and Lindsay Roads. He stated he was very concerned and hoped it worked out for the residents along there. Maryanne Schwartz, Gilbert resident, spoke in opposition of the commuter rail. She stated that on her drive to the meeting she noticed new apartments and buildings and questioned where the water was coming from. She stated she saw buses with 2 zero or maybe one commuter and was wondering how much the buses cost and who was providing them. Debbie Coon, Gilbert resident, spoke in opposition of the commuter rail. She stated she felt threatened that her home was going to be invaded. She said that she had four horses, a special needs daughter and a grandson, and had made provisions to give therapy not only to them but to children and other people. She said they pulled a permit to build their barn but Gilbert did not have any record of the permit for their barn. She stated that in all options sent to homeowners that her barn was moved, adding her barn could not be moved, it would have to be torn down. She spoke of the options to use the manholes without moving their properties, adding that the property owners would allow access to the manholes. Andrew Adams, Gilbert resident, identified himself as a small business owner and Chairman of the Legislative District (LD) 14 Republican Party and commented on three topics. He spoke in opposition of the commuter rail. He stated that where the rail existed in Tempe there was increased crime and loitering. Second, he stated that on Primary Election Day he personally witnessed Councilmember September attempting to steal signs that opposed his candidacy. He stated there were multiple witnesses and a police report was made. He requested the resignation of Councilmember September effective immediately. Third, he mentioned that he has received reports that the Town Council was telling people they were not allowed at LD Republican meetings but the public were invited. Paul Schubring, Gilbert resident, spoke of reading an article about the incident with Councilmember September and noted a police report was pending. He asked if there was a place to get follow up information and, if there was an investigation pending, who would be conducting it. Mary Ann (last name not listed), Gilbert resident, discussed moving to Gilbert from Florida with her family and changes she had seen in California with land grabs. She said cities were lost in the rubble that those systems left behind, then asked the 3 Council to take that into consideration and haul in the Planning Commission before losing the community the residents held true. Mykell Crandall, Gilbert resident, spoke in opposition of the light rail. He said he was surprised there was no proposal on the agenda and that something so huge did not come to the Town for a vote, asking why a small number of people got to decide. He said no one was riding buses and there would be no benefit to commuter rail, only a negative impact and expense that could not be reversed once it was there. He asked the Council to listen to people, adding those present were just a fraction of those who opposed it. He asked how it could be an item for the public to vote on in November. Richard Young, Gilbert resident, said he wondered what could make the proposition attractive to people. He stated it was not an attractive idea, rather a potential disaster. He spoke of dumping toxic waste to the middle of Gilbert with crime, filth, disease, and homelessness. He said the light rail was dangerous, discussing users’ experiences and the impacts to other cities. He said once it was added the Town, residents would be stuck with the results and cost. Morgan Stradling, Gilbert resident, said she was against the commuter rail. She discussed light rail and commuter rail being the same and said her experience with commuter rail was scary and it was not safe for the community. She said she read the next step would be a viability study but it was not needed, the people of Gilbert did not want or need it. She questioned the involvement of Federal money. Mario Chicas, Gilbert resident, congratulated Councilmember Koprowski for winning the election. He said in 2015 there was a Supreme Court case regarding sign law, adding Gilbert had a problem with signs and freedom of speech. He spoke of his own experience running for Town Council, then asked the Council to allow the rule of law be applied to signs. He said it was a conflict of interest for Gilbert to do the investigation of Councilmember September, then said the Councilmembers needed to give the respect and listen to residents. 4 Jean Frakes, Gilbert resident, said she was against the commuter train. She said she handed out pamphlets at election sites listing the reasons she was against commuter rail in Gilbert. She spoke of her experiences speaking with people about the negative effects of commuter rail including criminal activity. She discussed what was happening in New York at train stations. Frank Carollo, Gilbert resident, said he was opposed to light rail. He spoke about accidents and pedestrians getting hit, gang members, and homelessness. He said residents should state if they were for or against it, then said he would like to see documentation to show if there was a net profit at the end of the year for light rail. Roy Morales, Gilbert resident, said he used to ride the light rail in Mesa and it was quite an experience. He said there were sketchy parts of the light rail and it brought an increase of crime and prostitution and would burden the Police Department. He discussed Federal funds and the strings that were attached. He said it was not part of Arizona’s culture and asked the Council to listen to the residents, adding the Town did not need to spend money on “the bridge” either. Linda Rules, Gilbert resident, said she felt that did not get to vote on the bond and that her voice was not heard, so she wanted to use her voice on this. She spoke of bad smells while using the light rail and said that only the homeless would use it. She said she was disgusted with all the apartments, adding she thought people were getting money from the apartments. She said her home was being destroyed and discussed the stealing of signs, stating Councilmember September should resign. Anna Van Hork, Gilbert resident, said she moved to Gilbert for the small-town feel. She said what was happening was ridiculous and spoke about panhandlers around San Tan Village, adding it would get worse and would bring all the homeless from Phoenix to Gilbert. She asked the Council to vote no and not “California Gilbert”. 5 Andrew Mantlik, Gilbert resident, said he moved to Arizona in 1990 and spoke of the dramatic change since that period of time. He said he moved his family to Gilbert in 2015 for the small town, country feel and access to amenities. He said that what he was seeing was a destruction of his way of life. He said he did not want the commuter rail, spoke of the love of money, and said there was no need for it, then asked the Council to vote no and to keep the community safe. Jane Adams, Gilbert resident, spoke in opposition to the commuter rail. She said it was her first Council meeting and she attended because she saw a yellow sign posted about the commuter rail. She asked the Council to not put the commuter rail in Gilbert for the same reasons the people who spoke before her mentioned. George Momper, Gilbert resident, thanked anyone involved in fixing the left turn lanes. He spoke about a shopping mall in Saint Louis, stating it was not safe because of the light rail there. He discussed buses being empty and suggested to the Council to sell the buses because they would be obsolete within 5-10 years. He said he would like research to be done for electric buses, hybrid buses, and smaller buses to move through traffic quickly with more efficiency and without smog. Nolan Baldwin, Gilbert resident, discussed that it had been two years since they received a letter from the Town about taking 20 feet from his property. He said from the beginning there was a manipulation of numbers to support their only option of moving the reclaimed water lines. He spoke of changes in his neighborhood and said they would like the Council to remember their goals and what was on their signs when they ran to be elected. He asked the Council to think about what could be done to the fix the sewer line, water line, and reclaimed water line without taking their property. Ellen West, Gilbert resident, said she had lived in Gilbert for 22 years. She spoke of the project to add five lanes with “meandering sidewalks” on Ocotillo Road and negotiations for trying to come up with a plan to take less space. She said she wanted the Council to figure out a road that accomplished what was needed, that 6 she had only seen one horse in the area and never saw anyone walking. She said it was not a part of Gilbert where people rode their bikes on sidewalks; it was rural. She spoke of a neighbor who had a nervous breakdown regarding additions including a guest house and a pool that had to be demolished. She said they were ignored when the project started. She spoke of the proposed “Disneyland style bridge” and said that the money could be spent to help the people of Gilbert. Carol Cherry, Gilbert resident, asked the Council to imagine being afraid to go eat in the Heritage District because of rising crime and homelessness, the way the light rail had increased crime in other cities. She said she was strongly opposed to spending money to study locations for a commuter rail station, stating the cost of the rail would be between $4-10 billion, adding a train would be obsolete soon. Bob Shaha, Gilbert resident, said he lived in Cooley Station and thought the light rail was a bad idea. He said two years ago by some technicality he learned they owned their lot all the way out to the sidewalk, which included the curb or public easement. He said the sidewalk needed to be maintained and he was expected to maintain it, but said it was the Town’s trees that were busting up the sidewalks. He spoke of the Americans with Disabilities Act (ADA) as well, stating the Council could find it in the budget to fix the sidewalk properly. Melanie Shaha, Gilbert resident, spoke of the sidewalk issue at her residence. She said the builder may have done that so he could say the lot was bigger, and none of the houses could be occupied unless they had sidewalks. She said for 11 years the Town maintained the sidewalk which set precedent. She said the fiscal priorities should reflect top basic needs, adding the bridge and new logo were not basic needs. She said whatever change occurred in regard to the Town not maintaining the sidewalk should be reversed. Amy Hommen, Gilbert resident, said she felt lied to when she saw yellow signs for a variant to change zoning. She said she emailed the Mayor about some apartments and got responses that it was put into place 10 years ago. She questioned if that 7 was the case, why did they have all kinds of zoning changes and apartments that did not go with the plan that was put in 10 years ago. She said it was the same with light rail, adding she had literally seen train wrecks in towns that had a light rail, plus crime. She discussed leaving Tempe and Scottsdale because of apartments and who should live in Gilbert. Nicki Reber, Gilbert resident, stated she was against the commuter train and said there was a difference between commuter train and light rail. She said she put a post on the NextDoor app but she shut it down. She discussed comments that were in favor of the light rail and said those people should go back to where they came from. She said the track was a quarter mile from her property. She discussed usage for the light rail and the rail yard in Tucson, stating her taxes were already going up because of the bond. Leslie Novak, Gilbert resident, said she lived in the Heritage District. She said beginning in December 2020 land was being seized to access sewer and potable water lines for only a fraction of the value for the land. She said a pipe analysis had not been done and that the Council voted to seize 24 properties without vital information. She asked the Council to vote wisely on the option to only use the properties that had manholes to solve the utility access concerns, adding the manhole effective acquisition was the most fiscally responsible decision. Roy Casto, Gilbert resident, said he was opposed to the commuter rail. He said the light rail would tear up roads and would not bring any revenue to businesses. He said they would see a lot of transients, and the commuter rail would provide a superhighway for criminals. He spoke of hikes up “A Mountain” near the light rail and homelessness and junk. He said he saw Fire and Police workers, or both, every time, adding it would be taxing on citizens and Fire and Police Departments. He spoke about the low ridership on the buses and Valley Metro, adding they did not want it, even if the Federal government was trying to push it. 8 Kellee Casto, Gilbert resident, thanked the Mayor and Council for the opportunity to speak and for their service. She said she had lived in Gilbert for 20 years, as well as other places and Gilbert was her favorite. She said she had not heard of the commuter rail proposal until recently, adding she had spoken with others who were also unaware. She spoke in opposition of the feasibility study, adding during the recession they should be saving money, not spending. She spoke of taxes and subsidies, stating the commuter rail was outdated technology, ineffective, and ridership had fallen. She spoke of crime and increased Police presence, stating it was attached to Federal dollars which would come with strings. Michael Clark, Gilbert resident, said it was a blast to run for Council and he would run again. He said commuter rail and Amtrak did not make money. He spoke of a prior comment regarding sidewalks, adding it was a personal pet peeve, he wanted to tune up ADA policy, and sidewalks were important for his daughter to get around. He said he wanted to follow up with one promise he made regarding bulk trash pickup employees and how hard they worked. He said one of their concerns was that their uniform was of old wool, and they would prefer to go to dry-fit, wicking- type long sleeve shirts. He asked the Council to make that request happen for the bulk trash employees. Eric Naddy, Gilbert resident, said he was an executive chef and his job came with large authority. He discussed the Council directing staff to work with residents, stating there was no accountability and a lack of leadership. He said Town Engineer David Fabiano misled his wife about required distances and a staff member identified as “Teresa” tried to keep records from him. He said there was no communication and they had not heard anything about negotiations, adding their neighbors were getting letters to buy their property. He asked the Council to tell him what the plan was in 10 days by email and to consider cases regarding Phoenix’s prior efforts to condemn some land that were County islands. Terri Naddy, Gilbert resident, said she was there about the Capital Improvement Project No. ST0990, the Ocotillo widening. She spoke about the past Study Session 9 that addressed the cost of things, stating there was an option to not take property but it was most expensive . She recommended that the Council not use the money for the study on commuter rail and put it towards that option. She commented that the bridge options were garish and there was a lack of option for a plain one. She expressed that some people did not want “all the things” but they did not get to make that choice. She spoke about the limitation of the commuter rail being a single path and suggested something like a trolley bus instead. She also discussed other cities’ systems and their problems. Caroline Loder, Gilbert resident, discussed where she had lived in the past, changes since, and why they chose Gilbert. She spoke in opposition of the commuter rail and the spending of their tax dollars, but said they did not get a voice. She spoke of the Country’s spending of Federal dollars and said now she was seeing it at the local level, stating no one cared about them and only wanted their money. Paul Hinkle, Gilbert resident, identified himself as a small business owner. He said he had a speech prepared but the other speakers made such great points so his would be repetitious. He said he was opposed to the light rail and appreciated being able to speak, but said the Council needed to not just hear but to listen to those who elected them and take what was said to heart. Mary Ryan, Gilbert resident, discussed where she and her husband’s family had lived and all they had seen in Gilbert. She said she was opposed to the commuter rail and that her property was an in-town acre property where she could walk to the library. She discussed a shooting at an apartment in Gilbert and said more money could be put into safety. She discussed being proud of Gilbert, then voiced concerns about safety. She stated that money should go to real needs, not things they could not sustain or things they do not need. Kelly Klein, Gilbert resident, she said she wanted to remind the Council that they got their authority from the people. She said she came for the light rail subject but heard about so many other issues in Gilbert. She discussed change in the Town, as 10 well as change in the people on the Council who represented them. She said the residents put them in office and could take them out. She said she wanted to know where the need for the light rail came from and where she could get information and see answers. She asked if the Town got money from the Federal Government for the light rail and where the other ideas come from. Trish King, Gilbert resident, said she and her family had lived in Gilbert for 20 years and she was concerned about the Union Pacific Rail Line being used for commuter rail. She discussed the increase of noise and pollution and said they did not intend to live by a train station when they purchased their home. She said if it was a vote in November, she would vote no. She said during a prior meeting nothing was discussed with commuter rail. She said they mentioned surveys and asked who participated. She said communication had not been great and that was why so many people were present and felt the need to state their opposition. She said bringing in commuter rail would not change the percentage of those who used cars for transportation. She asked the Council to hold more informational meetings for the residents if they planned to pursue it further and asked that the option be removed from the Transportation Master Plan (TMP). Anthony Accurso, Gilbert resident, said he wanted to highlight an official letter from the Mayor regarding the commuter rail. He read the following sentence from the letter: “Expansion of Amtrak is an entirely Federal decision and outside the authority and scope of the Town Council.” He said it did not solely fall upon the decision of the Council, but said there were several things the Council could do including not finance the study, design, or construction of transit stations within Gilbert that accommodate passenger rail. He said they could pass an Ordinance stating no sales tax dollars or Town resources could go to the maintenance or construction of any commuter rail. He said spending tax dollars on a feasibility study showed they were serious about the possibility of commuter rail stopping in Gilbert and asked the Council to not spend a dime on the commuter rail. 11 Christine Accurso, Gilbert resident, said on Page 143 of the Transportation Master Plan (TMP) it discussed the commuter rail with a visual that showed the light rail in Mesa and the commuter rail proposed to come through Gilbert. She said the proof that they connected was in the packets and it would bring “those people” to Gilbert. She said it was up to Gilbert to decide if it stopped in Cooley Station and downtown Gilbert. She said on August 23, 2022 more people would be coming to the Council meeting in opposition as they were bringing the stakeholder meeting to the Council. The following individuals were present and noted opposition to the light rail, but did not wish to speak: Joe DeBratto, Bessy Mantlik, Megan Crandall, Jennifer Crandall, Kim Celentano, Ralph Romero, Carrie Pickarillo, Angela Pulley, and Genny Jones. The following individuals sent emails to the Council in opposition of the light rail or commuter rail coming to Gilbert: Michael Gramley, Jennifer Iverson, and Robert Stark. Councilmember September asked Town Manager Banger about the bulk trash teams and if there was something they could do to look into those uniforms. Councilmember Tilque asked a process question to Town Attorney Payne. She stated she feared a lot of people thought there was an item regarding the commuter rail that the Council would be voting on. She asked how to have the opportunity to talk to the community, if it should be a Study Session on the land use feasibility study or how to have that dialogue. Vice Mayor Yentes noted it could be submitted as an agenda item on a future meeting if there was direction by the Council to explore some type of Ordinance prohibiting resources from being used from local tax dollars for commuter rail. Town Attorney Payne affirmed that was an option, as well as holding a Special meeting for a conversation with the Council and the public. 12 Councilmember Tilque stated she felt uncomfortable when the public spoke on items that the Council was not allowed to respond to. Mayor Peterson stated the light rail and commuter rail were not topics the Council wanted to discuss or vote on, but said the public wanted to discuss those topics, thus creating a quandary. Vice Mayor Yentes said there was form to get an item on a future agenda with the approval of three Councilmembers, stating it could be used to consider drafting an Ordinance as mentioned during a public comments. Mayor Peterson recessed the meeting at 8:49 p.m. Mayor Peterson reconvened the meeting at 9:02 p.m. CONSENT CALENDAR A MOTION was made by Councilmember September, seconded by Councilmember Koprowski, to approve Consent Items 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20 and 21; remove Item 12 from the Consent Calendar; and remove Consent Item 4 from the agenda. Motion carried 7-0. 1. INTERGOVERNMENTAL AGREEMENT – consider adoption of a Resolution approving Intergovernmental Agreement No. 323000031 with United States Postal Inspection Service, Phoenix Division, 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. 4307 was adopted. 13 2. INTERGOVERNMENTAL AGREEMENT – consider adoption of a Resolution approving Intergovernmental Agreement No. 323000045 with Gilbert Unified School District for surveillance system emergency access and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 4308 was adopted. 3. AGREEMENT – consider approval of Video Production Agreement No. 323000032 with VirTra, Inc. for the VirTra Police Simulator at the Public Safety Training Facility, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 4. AGREEMENT– consider approval of Agreement for Services No. 322000401 with Brightview Landscape Services, Inc. in an amount not to exceed $74,212 for landscaping maintenance services and authorize the Mayor to execute the required documents. This item was removed from agenda. 5. AGREEMENT - consider approval of Public Defender Services Agreement No. 322000403 with Naegle Law Firm PLC for Public Defender Services with an effective date of July 1, 2022 and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 6. AGREEMENT – consider approval of Public Defender Services Agreement No. 323000023 with the AG AZ Law, PLLC for public defender services with an effective date of August 1, 2022 and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 14 7. CONTRACT – consider approval of Job Order No. 12 to Job Order Contract (JOC) No. 321000247 with Archer Western Construction in an amount not to exceed $2,000,000 for the rehabilitation or repair of manholes in south Gilbert, Project No. WW1242, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 8. CONTRACT – consider approval of expenditures utilizing Contract No. 320000248 with Motorola Solutions in an amount not to exceed $199,044.48 for Public Safety two-way radios, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 9. CHANGE ORDER – consider approval of Change Order No. 2 to Contract No. 321000405 with Lowe’s Home Centers, LLC for maintenance repairs & operational supplies, parts, equipment and materials in an amount not to exceed $250,000, and authorize the Mayor to execute the required document. This item was approved with the Consent Calendar vote. 10. CHANGE ORDER – consider approval of Change Order No. 2 to Cooperative Agreement Contract No. 321000406 with Home Depot U.S.A., Inc. for Maintenance Repairs & Operational Supplies, Parts, Equipment and Materials in an amount not to exceed $250,000, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 11. CHANGE ORDER – consider approval of: 15 a. Change Order No. 1 to Contract No. 321000217 with Edge Building Services increasing the contract amount by $62,324.52 for the custodial services at Public Safety Training Facility (PSTF) and authorize the Mayor to execute the required documents; and b. Contingency Transfer from the General Fund in the amount of $62,330 for additional custodial services at PSTF. This item was approved with the Consent Calendar vote. 12. CONTRACT – consider approval of: a. Cooperative Purchasing Contract No. 322000391 with Professional Sales and Service, LC in an amount not to exceed $886,858 for the purchase of three (3) Horton ambulances and authorize the Mayor to execute the required documents; b. a Contingency Transfer with the Transportation Replacement Fund as the designated funding source in the amount of $62,000 to offset inflationary increases; and c. a Contingency Transfer from the General Fund in the amount of $31,000 to offset inflationary increases. Vice Mayor Yentes requested a separate vote on the item. She said she recalled when the Town took on the ambulance service, they stated they would need six ambulances and would not require more than what American Medical Response (AMR) was providing, but were now requesting three more. A MOTION was made by Councilmember Tilque, seconded by Councilmember Koprowski, to approve Item 12. Motion carried 5-2, with Vice Mayor Yentes and Councilmember Hendrix casting the dissenting votes. 16 13. GRANT – consider: a. acceptance of a grant, Contract No. 322000300, from Governor's Office of Highway Safety Prop 207 Grant additional funding in the amount not to exceed $34,000 for the purchase of a fourth motorcycle for the Traffic Unit; and b. approval of a Contingency Transfer from the Grant Contingency Fund in the amount of $34,000 in acceptance of the Governor’s Office of Highway Safety Prop 207 Grant additional funding. This item was approved with the Consent Calendar vote. 14. GRANT – consider: a. application and acceptance of the grant, Contract No.323000053, from Arizona Office of Tourism for in the amount of $200,000, for the Marketing grant; b. approval of a Contingency Transfer from the Grant Contingency Fund in the amount of $200,000 for anticipated expenditures and matching revenues; c. application and acceptance of the grant, Contract No. 323000054, from Arizona Office of Tourism in the amount of $250,000 for the Arizona Outdoor Attraction; and d. approval of a Contingency Transfer from the Grant Contingency Fund in the amount of $250,000 for anticipated expenditures and matching revenues. This item was approved with the Consent Calendar vote. 15. FEES - consider ratification of a Resolution approving an updated fee schedule/increase for Ambulance Transportation Billing Rates. 17 This item was approved with the Consent Calendar vote. Resolution No. 4298 was ratified. 16. HUMAN RESOURCES - consider approval of Safety National as the excess loss carrier for FY 2023, in the amount of $217,147 for the Town of Gilbert Workers' Compensation Trust, and authorize staff to execute the required documents. This item was approved with the Consent Calendar vote. 17. BOARDS AND COMMISSIONS – consider acceptance of the resignation of Tyler D. Jones from the Planning Commission, effective August 9, 2022, as submitted on June 29, 2022. This item was approved with the Consent Calendar vote. 18. BOARDS AND COMMISSIONS – consider acceptance of the resignation of Lisa Horne from the Water Resources Municipal Property Corporation, effective August 9, 2022, as submitted on July 13, 2022. This item was approved with the Consent Calendar vote. 19. BOARDS AND COMMISSIONS – consider acceptance of the resignation of Cindi Mattheisen from the Deferred Compensation Trust Board, effective August 9, 2022, as submitted on July 14, 2022. This item was approved with the Consent Calendar vote. 20. RISK MANAGEMENT - consider: a. acceptance of the Risk Management Quarterly report for the Fiscal Year 2021 Quarter 4; and 18 b. acceptance of the Annual Report for Fiscal Year 2021. This item was approved with the Consent Calendar vote. 21. MINUTES – consider approval of the minutes of the Regular Meeting of June 28, 2022 and Study Session of June 28, 2022. This item was approved with the Consent Calendar vote. PUBLIC HEARING 22. GENERAL PLAN GP22-02 / ZONING Z21-15 - conduct hearing and consider: a. adoption of a Resolution approving a Minor General Plan Amendment to change the land use classification on approximately 2.92 acres generally located at the southwest corner of Recker Road and Pecos Road from Neighborhood Commercial (NC) to General Commercial (GC) Land Use Classification; and b. approval of the findings and adoption of an Ordinance for Town Storage at Recker to rezone approximately 2.92 acres located at the southwest corner of Pecos Road and Recker Road from Neighborhood Commercial (NC) Zoning District to Shopping Center (SC) Zoning District. Mayor Peterson opened the Public Hearing for Item 22. Ryan Ramsey, Gilbert resident, said there were only three entities on his street consisting of Salt River Project (SRP), Town of Gilbert, and his property which was a County island. He discussed the impacts with a school there and street parking for picking up students that made it difficult for him to get to his property with his horse trailer. He discussed the entrance for the proposed facility and the intersection 19 there, said he thought it was bad to put anything that tall there, then said high school kids climbed and damage the block wall in the area. Brenna Carden, Gilbert resident, completed a request to speak form but was not present when called. Michelle Osborne, Gilbert resident, said the proposed storage facility would be directly behind her home. She noted Councilmember September spoke with her family previously and listened to their concerns. She said she was concerned about a two-story building being built behind her property with visual access to her pool, stating a storage unit was a transient business. She spoke of her daughter’s safety and the facility’s close proximity to schools. She discussed sex offenders, transit facilities, and loiterers at their storage units. She noted concerns about possible effects with Water Well No. 19 and said there were 14 storage facilities within a five-mile radius. She said there was no proposed gate around the facility and it would be a threat, allowing transient access behind her property. Michael Kochka, Gilbert resident, submitted a public comment card via the website indicating he was against Public Hearing Item 22. Adam Baugh, applicant with Withey Morris, PLC, stated the property was already zoned as Commercial and had been since Ms. Osborne’s neighborhood was zoned. He said under the present zoning there could be a building as close as 15 feet setback from the next-door wall, stating their proposal would bring the building no closer than 75 feet. He said he understood concerns of privacy with her backyard, but said the storage facility would have no exterior windows. He said he did not see the correlation of her concerns with water safety because a water plant was nearby. He discussed security protocols including cameras that would be maintained and monitored. He said a commercial building there could have loading zones, trash enclosures, and rear parking with the present zoning, but with their proposal, there would be no external impacts. He said there could be a connecting cross fence added so that no one could penetrate that area. He said he would not address her 20 transient and sex offender concerns, because he dealt with facts, and her claims did not align with what the project was proposing. He added staff and the Planning Commission had unanimously voted approval. Mayor Peterson confirmed that it was an all-internal storage unit without outside corridors. Mr. Baugh confirmed there would be no exterior doors or storage unit access from the outside. Mayor Peterson addressed Mr. Ramsey’s concerns about the ingress/egress, confirming that there would be a driveway built into the property. Mr. Baugh stated Recker Road was intended to be a public street. He said anything Commercial built there would require a roadway improvement to include curb, gutter, streetlights, and sidewalks, whether for that project or a yogurt shop. Councilmember Anderson asked what the height restriction was for the Neighborhood Commercial (NC) zone. Mr. Baugh replied their proposal only listed a height 5 feet taller than what could otherwise go in the NC zone, adding the tradeoff was by going 75 feet away, they would only go 5 feet taller. Councilmember Anderson asked Police Chief Soelberg if he was aware of any crime statistics with storage units in Gilbert or trends, to which Chief Soelberg replied no. Councilmember September confirmed with Mr. Baugh that the applicant would be willing to install a fence to prevent access to the neighbor’s wall, either right before or within the 75 feet landscape buffer. Mr. Baugh replied yes, stating there was presently a chained link fence with barbed wire; he said they could install an ornamental wrought-iron picket fence to be open as a view corridor but prevent any transient activity. Mayor Peterson reiterated that it needed to be a view fence as to not create a “no man’s land” between a fence and Ms. Osborne’s wall. 21 Mayor Peterson closed the Public Hearing for Item 22. A MOTION was made by Councilmember September, seconded by Councilmember Anderson, to approve Public Hearing Item 22, with the condition of including the security fencing that would prevent access to the neighbor’s wall as noted, with a view fence and height as allowed by Code. Motion carried 7-0. Resolution No. 4309 and Ordinance No. 2832 were adopted. 23. GENERAL PLAN GP21-10 / ZONING Z21-16 - conduct hearing and consider: a. adoption of a Resolution approving a Minor General Plan Amendment to change the land use classification on approximately 7.85 acres located north of the northwest corner of Val Vista Drive and Germann Road from ccRegional Commercial (RC) to Residential >25-50 DU/Acre Land Use Classification; and b. approval of the findings and adoption of an Ordinance for The Gilmore to rezone approximately 40.7 acres located at the northwest corner of Val Vista Drive and Germann Road from Regional Commercial (RC) Zoning District to 32.8 acres of Regional Commercial (RC) Zoning District with a Planned Area Development (PAD) overlay and 7.85 acres of Multi-Family/High Zoning District with a Planned Area Development. Mayor Peterson opened the Public Hearing for Item 23. William Rowell, Gilbert resident, did not wish to speak but was opposed to Item 23. Jim Torgeson, Gilbert resident, said he wanted the Council to take a look at what the people in Gilbert were saying about apartments. He discussed rates of apartments and their operating incomes, stating it increased the value of Commercial properties and the impact was felt by those around them when they became high-density. He said property owners had rights, but the Council did not have to reinstate or grant rights to someone in that manner, that it made a creation of wealth. 22 Adam Baugh, applicant with Withey Morris, PLC, discussed his history in Gilbert, with the landowner, and with the developer. He said the project was zoned Regional Commercial (RC), was close to a freeway, and was inside a Vertical Height Overlay intended for the greatest intensity of uses in town. He said that corner was special and deserved a special project. He discussed the nearly-two-year study of the site which included if there were utilities, if it was annexed, routes of access, market and nearby employment, and traffic patterns. He also noted prior proposals and said this proposal was unique to Gilbert and to Arizona. He discussed The Gilmore Project as Mixed-Use with retail, grocery, dining, retail below residential lofts, and the potential for office and or hotel. He said the heavy focus would be pedestrian activity and was for exactly the zoning ordinance allowed. He discussed the project details, site plan context, pedestrian connectivity plan, and the project benefits. Michael Kochka, Gilbert resident, submitted a public comment card via the website indicating he was against Public Hearing Item 23. Mayor Peterson closed the Public Hearing for Item 23. Councilmember Tilque asked staff to tell her what type of Multi-Family (MF) would be given by right under Regional Commercial (RC) for that particular property. Senior Planner Newman said the type of Residential that would be permitted by right in the RC zoning district would be residential apartments or lofts over Regional Commercial, noting it was exactly what the applicant was proposing. Mayor Peterson asked staff to discuss Vertical Overlay. Senior Planner Newman stated there were a few Vertical Overlay Districts throughout the town, and said they were near the freeway system and designed to provide density and more intensity around areas of high traffic volume and where they wanted more high-density, Commercial, or office density to take place. He said they allowed for a height of up to 90 feet and, with a Planned Area Development (PAD), they could go higher. 23 Councilmember Anderson stated he wanted to draw the attention of the Council to the staff report provided for the item and to how much water would be used for each of those uses, adding it would be more critical over time with increased water conservation efforts. Councilmember Anderson stated he would like to vent about apartments, adding the Council liked to deal with statistics and data. He said Gilbert was a Single-Family (SF) community, with 88% Single-Family residences and only about 11% zoned Multi-Family (MF) or apartments, while other communities were at 30-40% MF. He said the Town was trying to encourage some density in certain areas, which he said could look very imposing. He noted residents’ comments that if people wanted to live in apartments they could live in other cities, stating it was unacceptable to tell people they had to live in another community. He asked where would the people live who were going to be the workforce of Gilbert, noting they wanted to live here and enjoy the same quality of life in Gilbert. Mayor Peterson said it was important to point out that some of the 11 % of Multi- Family were townhomes and Single-Family (SF) rental homes that had to be designated as MF. She said some of the properties were once zoned for higher density and had the density lowered. She said Commercial properties and brick and mortar was dying and businesses were closing, adding if you wanted to build a property the size of The Gilmore, it would not survive as Commercial if you could not access or see it from Germann and Val Vista Drives. She discussed the need to plan the land accordingly with considerations of schools, seminaries, MF senior-living and the need to protect them from Commercial land use as well. She said she understood people were taken aback by large buildings, but there needed to be a place for the working people to live. She discussed high rental prices, then noted Gilbert was still the third safest city in the United States and very desirable. A MOTION was made by Councilmember Koprowski, seconded by Councilmember Tilque, to approve Public Hearing Item 23. Motion carried 7-0. Resolution No. 4310 and Ordinance No. 2833 were adopted. 24 24. PROPERTY ACQUISITION – conduct hearing and consider adoption of a Resolution approving the acquisition of right-of-way and easement for Parcel No. 302-82-967 and Parcel No. 302-82-970 for the design and installation of the traffic signal on American Hero's Way and Gilbert Road, Project No. TS1920. This item was approved with the Public Hearing Vote. Resolution No. 4311 was adopted. Mayor Peterson opened the public hearing for Items 24 and 25. Michael Kochka, Gilbert resident, submitted a public comment card via the website indicating he was in favor of Public Hearing Item 24. No one wished to speak and Mayor Peterson closed the public hearing for Items 24 and 25. A MOTION was made by Vice Mayor Yentes, seconded by Councilmember September, to approve public hearing Items 24 and 25. Motion carried 6-1, with Councilmember Hendrix casting the dissenting vote. 25. FINAL PLAT DR21-58 - consider approval of the final plat for Avanterra Town Square located at the southeast corner of Gilbert Road and the Cypress Street alignment. Michael Kochka, Gilbert resident, submitted a public comment card via the website indicating he was against Public Hearing Item 25. This item was approved with Item 24. ADMINISTRATIVE ITEMS 25 26. COUNCIL ADMINISTRATION- consider approval of the Council meeting schedule for Calendar Year 2023. Councilmember Tilque noted that some of the meetings were scheduled for a day after a holiday, asking if the Council and staff felt there would be sufficient time to get responses if the offices were closed the day before some Council meetings. Mayor Peterson noted that was taken into consideration, then discussed the reasoning behind the dates chosen. A MOTION was made by Councilmember September, seconded by Councilmember Koprowski, to approve Item 26. Motion carried 7-0. 27. 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 26 Councilmember September noted there was an opening on the Planning Commission and encouraged people to apply. 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. Councilmember Tilque noted she had opportunities to meet with the Power Ranch Homeowners’ Associations (HOA), for quarterly meetings with other entities, such as schools, and to give updates and talk about issues. She said there may be opportunities for other Councilmembers to meet with HOAs to give updates and address issues. Report from the MAYOR on current events. Mayor Peterson said the final 2022 Primary Election results would be out soon, noting the Town would need to schedule a Special Council meeting during the upcoming week to canvass the official election results and pass out election certificates to those who made it through the Primary Election. She said August was 27 Drowning Impact Awareness Month, nothing Gilbert Fire and Rescue had responded to seven water-related instances currently that year. She announced Fire Chief Rob Duggan would be officially sworn in on August 11, 2022. RECESS REGULAR MEETING AND RECONVENE IN EXECUTIVE SESSION A.R.S. § 38-431.03(A)(3), (4), and (7), legal advice from the Town Attorney and discussion and consultation with Town representatives concerning legal aspects of right-of-way acquisition process and concerning alternatives for the design and construction of WW1060/WW1246/WA1546 Western Canal Corridor Analysis (western canal between Lindsay and Gilbert Roads). ADJOURN EXECUTIVE SESSION AND RECONVENE REGULAR MEETING No executive session was held. ADJOURN Mayor Peterson adjourned meeting at 9:52 p.m. ATTEST: ___________________________ ___________________________________ Brigette Peterson, Mayor Chaveli Herrera, Town Clerk CERTIFICATION 28 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 9th day of August, 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 29