Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF TUESDAY NOVEMBER 01, 2022 AT 6:30 PM, GILBERT PUBLIC SAFETY TRAINING FACILITY, ATLAS AUDITORIUM 6860 S. 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, Deputy Clerk Judy Martinez, Town Attorney Christopher Payne, Environmental Compliance Inspection Technician Aaron Fazel, Environmental Compliance Coordinator Carmelita Nichols, Water Resources Manager Lauren Hixson, Principal Planner Ashlee MacDonald, and Planner II Noah Schumerth AGENDA ITEM CALL TO ORDER Mayor Peterson called the meeting to order at 6:32 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Larry Fultz of Arizona Interfaith Movement. Vice Mayor Yentes led the Pledge of Allegiance. ROLL CALL Deputy Clerk Martinez called roll and declared a quorum present. 1 PRESENTATIONS; PROCLAMATIONS 1. RECOGNITION - Recognition of One Small Step for re-certification as a Business Partner at the "Leader Level" in the Gilbert Green Partnership Program. Environmental Compliance Inspection Technician Fazel and Environmental Compliance Coordinator Nichols discussed the Green Gilbert Business Partner program and said it was developed to give local businesses the opportunity to show they cared about the environment. They briefly explained that the program was a collaboration between the wastewater, environmental compliance, water conservation and environmental services teams which helped businesses focus on pollution prevention, waste reduction and water conservation. They said that the program was designed to highlight the efforts put forth by the businesses to show they cared about the environment and community. They highly encouraged every business to get involved in the program and said that it was at no cost to the businesses and more information could be found on the Town’s website. They said that they had recently launched a tiered system for businesses that went above and beyond and could now reach additional levels in the program. They expressed that they were very proud of this program and recognized Executive Director Amanda Nosbisch with One Small Step for re-certification as a Business Partner at the “Leader Level” in the Green Gilbert Partnership Program. COMMUNICATIONS FROM CITIZENS The following individuals were present but did not speak; Vice Mayor Yentes read the following statements on their behalf: Wendi Romney, Gilbert resident, wrote: “As a Gilbert and Elliot Groves resident, I am very against “The Ranch.” Brian Romney, Gilbert resident, wrote: “As a Gilbert resident in Elliot Groves, I am opposed to the rezoning motion.” 2 Luke Killpack, Gilbert resident, wrote: “Against The Ranch, I pass by this intersection every day, it is already busy and it is not safe. This does not belong by a family neighborhood.” Allison Law, Gilbert resident, wrote: “I am opposed to The Ranch. This doesn’t belong in our neighborhood and doesn’t maintain consistency with the character play of Morrison Ranch.” Daniel Law, Gilbert resident, wrote: “I am appalled and outraged that this is being considered. This development does not belong in Morrison Ranch. Gilbert used to be a town.” Jenna Killpack, Gilbert resident, wrote: “I am against “The Ranch” project for many reasons. When we bought our home it was not zoned for this, it will dramatically increase traffic at an already dangerous intersection, increase pollution, hazardous industrial byproducts next to a family community, so many trucks, it is a safety issue. We live in a Town keep it that way. Would you approve this if it was next to your home? You were elected to represent the people, this is not what the people want. Please do not do this to our community.” Erik Gundersen, Gilbert resident, wrote: “’The Ranch’ I am opposed to this change of the master plan.” Jamie Gundersen, Gilbert resident, wrote: “’The Ranch’. I am opposed to project. An excellent quality of life is what a lot of you say you want for Gilbert residents. This project will definitely not provide that for the residents of Morrison Ranch.” Richard Fife, Gilbert resident, wrote: “I do not want an industrial complex put in (Power & Recker) ‘The Ranch.’” Carly Fife, Gilbert resident, wrote: “I am against the building of ‘The Ranch’ project.” 3 Karen Mountford, Gilbert resident, wrote: “I don’t appreciate the idea of a zoning change after we already bought our homes. Feels like we are being sold out to the highest bidder. Would any of you be as anxious to pass this if your home was there?” Karen Arendt, Gilbert resident, wrote: “’The Ranch’ this re-zoning will make Gilbert a non-livable city. We do not need the traffic, pollution.” Tom Arendt, Gilbert resident, wrote: “’The Ranch’ Industrial Park does not belong next to residential. It is a safety issue for all the kids in Morrison Ranch. It will also increase traffic, pollution with all the trucks.” Lonny Chizen, Gilbert resident, wrote: “No on The Ranch.” Jackie Cottrell, Gilbert resident, wrote: “I am a resident of Elliot Groves and I oppose The Ranch. The project puts over 90% industrial right next to our homes. There is no buffer, no street to help the transition from homes to industrial. This project is completely out of place and does not belong.” C.J. Cottrell, Gilbert resident, wrote: “I oppose ‘The Ranch.’ This project does not meet so many of the Town of Gilbert goals. This project should not be so close to homes.” Bret Armstrong, Gilbert resident, wrote: “Please send ‘The Ranch’ back to Planning for a re-eval of the size. Six story building will take away the character of Gilbert.” Brent Henningson, Gilbert resident, wrote: “I am strongly opposed to The Ranch which is proposed next to Morrison Ranch.” Heather Armstrong, Gilbert resident, wrote: “Concerns of the Ranch. Building size will diminish the character of Gilbert. Send it back for additional studies and evaluation.” Rob Jones, Gilbert resident, wrote: “Anyone with eyes to see, ears to hear, mind to understand can appreciate that this project, as currently planned, doesn’t belong next to 4 a residential neighborhood and 3 schools.” Todd Stangle, Gilbert resident, wrote: “I came to express concern of the permitting of The Ranch on Elliot & Power. I oppose it.” Laurel Tyler Stangle, Gilbert resident, wrote: “I am against the ranch rezoning, it will increase traffic with large trucks and provide no benefits to local residents. Please uphold current plan/zoning.” Travis Evans, Gilbert resident, wrote: “I am strongly opposed to the rezoning and approval of ‘The Ranch’ next to a residential area.” (card was submitted but was not read). The following individuals spoke during the meeting: Jim Torgeson, Gilbert resident, stated he could not believe the Town was being sued again regarding a free speech issue. He said he was the only person in the room that had any business talking about court proceedings with signage and free speech and the only person in the room, including the Council, that had ever set foot in a court regarding that and won every single time, including in front of the Arizona Supreme Court. He said people felt angry and that they were not being heard. He said saying someone quietly holding a sign in the back of the room was disruptive was ludacris. He said it was ridiculous that the Town was we were in a lawsuit when he had reached out and stated that the person filing the suit only wanted an apology. He noted the Reed vs. Gilbert case from the past. He said for the Council to reach out and learn how to stop the behavior. He spoke of vandalism to his home. Shawn Monahan, Gilbert resident, mentioned that he lived in Morrison Ranch and grew up next to Councilmember Scott Anderson and his kids. He spoke of The Ranch and said he attended a related Planning Commission meeting where the Commission voted 4-3 to approve the project. He said the Commission agreed that it did not fit in one extent or another. He acknowledged that the Council was in a tough spot and discussed 5 win-win vs. win-lose scenarios. He said that area of development would become more of a hot item as development happened around it. He said he would like the Council to work to make it a win-win situation. Brian Mosley, Gilbert resident, spoke of the Planning Commission and quoted some of the Commissioners’ comments from a prior meeting. He said he was not surprised that a developer was wanting to do it the way it was proposed, but he said he was surprised that it was not seen as just what the developers were doing to them, but also what the Council and Town were doing to them. He said the ownership should be on the developers to show how they would comply, not on the residents. Shanna Mosley, Gilbert resident, stated she lived near the proposed The Ranch project. She spoke of her kids expressing gratitude and shared what her children told her. She said the things her children were most thankful for would be taken away if the project was approved. She said they had tried to work with developers, but they would not listen to them, unless the Council told them they had to. She asked the Council to protect her family and the home she worked hard to give her family. Linda Rowles, Gilbert resident, made derogatory comments to the Council and said how terrible they were. She said she was going to call the companies and fight them and tell them to go somewhere else. She said that if they called enough companies no one would want to come to Gilbert. She asked the audience to call companies and tell them to not come to Gilbert. She was reminded to direct her comments to the Council. She asked the Council to consider rezoning and that she hoped companies would not want to be somewhere they were not wanted and would find somewhere else to go. She said to Councilmember Anderson that him approving this project was shameful because he lived in Morrison Ranch and grew up there and asked how he could look at himself in the mirror. Kevin Marvin, Gilbert resident, discussed a Bible verse and said he loved everyone as a Christian. He said he was there for his neighbors, especially those who lived close to the project. He said he did not understand the Planning Commissioners’ comments, 6 stating three of them voted the project down but could not get a second to vote it down and they cancelled the continuance. He said the developer said they would go back and work on it, but the Town did not do it. He said one of the Commissioners talked about “muting the noise,” stating they were not noise and that the project would devalue their houses. He asked why they could not work together, even turning down the opportunity to work on a compromise. Stephanie Evans, Gilbert resident, spoke of a family trip and showing her children where they were from in New York. She said it stuck out to her how little had changed there. She spoke of how architecture impacted the community. She said she was frustrated by the Planning Commission where Commissioner Mundt said their comments were hyperbolic, but she said they were real concerns. She said they came there and built their lives in Arizona, but asked the Council for more of a transition and to have the developers provide more boundaries to buffer the noise and intensity of uses. Daniel Peyton, Gilbert resident, spoke in opposition of The Ranch project. He said it was the most dense and intense proposal that ever came before the Council. He said there were almost 900 truck bays in the current proposal and it was going to be the biggest industrial complexes in the State of Arizona. He said he believed more resident coordination in time could get to an acceptable place for all parties and a win-win solution. He said no one said they were not willing to take Industrial but said more work needed to occur on the Western edge of the property. He spoke of the application process and said it did not remotely conform to the General Plan. He discussed what he said was a “self-imposed hindrance” that the applicant created with the property. He said he heard from the applicant that owner was only willing to sell all 302 acres in a single transaction. He said the project and the owner were the cause of their own hindrance since the land used as a feed lot until they ceased operations. Ryan Handelsman, Gilbert resident, spoke of a real estate investor who bought various lands across Arizona and California and leveraged the Dallas Police and Fire Prevention Fund to help finance the purchases. He said that the investment turned out to be a bad decision and ultimately that investor filed for bankruptcy personally and abandoned the 7 pension fund to the tune of $200,000,000, which also prompted a Federal Bureau of Investigations (FBI) investigation. He spoke of the investor’s lien for more than $2,500,000, million in unpaid income tax and foreclosures and lawsuits involving another real estate deal gone bad. He said the investor was Mike Chernine of IndiCap, who was requesting an absurd zoning change for industrial facilities in the area. He said it was now on record that the developer had a proven track record of failure, adding this decision would likely follow the Council’s career forever. He stated that they were not opposed to the land being developed; they wanted the land to be developed but not like that, stating that was dirty money and Gilbert was better than that. Brandon Ryff, Gilbert resident, stated people were angry and upset and did not feel they could come to their elected officials to ask for help. He said the proposal was for Light Industrial to increase from 15% to 95% which was extreme. He said people should be balanced and reasonable and to honor the General Plan. He spoke of the Planning Commission meeting and how it was “problematic”, questioned the noise pollution, and voiced issues with its compatibility with the surrounding community. He said the plan kept changing and needed to be slowed down. He said all of the information needed to be gathered including advantages, disadvantages, risks, alternatives, and cost. He said residents should be granted courtesy and respect and offered a quote to the Council regarding acting in haste. Nicki Reber, Gilbert resident, stating the “train track deal” was coming from Arizona Department of Transportation (ADOT). She said anytime you get mixed up with ADOT somebody would have to pay big time. She said that some of the Council could not be trusted. She said people in Gilbert were “done” and then stated the Planning Commission was not there to help the people but were there to help the developers and the people who want to sell their land and make money. She said they would fight against the railway plan. She said if the railway plan ever went through, someone would make a lot of money and others would pay the price. Terri Naddy, not a Gilbert resident, said she lived on a County island within a Gilbert planning area. She discussed other comments made to the Council that night and the 8 “bastardization” that had happened to the Gilbert that people loved. She said she appreciated the efforts of Councilmembers Tilque and September and Vice Mayor Yentes. She said she was frustrated by the lack of movement despite providing them with facts and information. She said they were coming to the Council with logic and reason but got a “blank stare” from those she had meetings with from the Council. She said she hoped the Council and the Planning Commission would listen to the people of Gilbert more than they listened to her and said the Council worked for the constituents. Chuck Bongiovanni, Gilbert resident, stated on January 10, 2023 he would take his oath of office and bear allegiance to the Town of Gilbert. He said that did not mean that he had to bear blind allegiance to the government. He spoke of behavior he found disrespectful in the past from the Mayor and said he would refer to it as “Gilbert kindness”, then discussed the potential for a lawsuit from a resident against the Council regarding signs. He said no apology was given as requested from the resident. He said people felt that they were not being heard and wanted to take their power back. He discussed what it meant to be heard and to listen to each other. He said Councilmember Anderson earned his respect at a previous meeting for apologizing for his behavior in the past. He said the latest lawsuit would go away with an apology and $1.00, and said an apology only costs one’s pride, not taxpayers’ dollars, and an actual lawsuit would cost more. Vice Mayor Yentes and Mayor Peterson mentioned that there were 36 comment cards submitted online noting opposition to The Ranch, which was not a public hearing item on this agenda, therefore they were submitted improperly. Councilmember Anderson addressed one comment of criticism he received during the Communications from Citizens portion, stating the wonderful Monahan family grew up with his family in a subdivision about 5 miles away from and before Morrison Ranch existed. CONSENT CALENDAR 9 A MOTION was made by Councilmember Tilque, seconded by Councilmember Koprowski, to approve Consent Items 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16; remove Item 3 from the Consent Calendar; and add Item 20 the Consent Calendar reappointing Boe Bigelow and Theodore “TJ” Claassen to the Redevelopment Commission with terms beginning November 1, 2022 and ending October 31, 2026. Motion carried 7-0. 2. AGREEMENT – consider Amendment No. 1 of the Emergency Base Station Agreement Contract No. 320000108 with Dignity Health/Dignity Community Care, doing business as (dba) Chandler Regional Medical Center and Mercy Gilbert Medical Center, for the Gilbert Fire and Rescue Department in order to reflect organizational structural changes within Dignity Health and extend the agreement through 10-31-2025, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 3. MEMORANDUM OF UNDERSTANDING – consider adoption of a Resolution authorizing the Public Works Director to sign the Memorandum of Understanding (MOU) by and among Colorado River Basin Municipal and Public Water Providers for expanding water conservation and efficiency programs. Councilmember Anderson asked Item 3 to be presented. He stated that as a community we needed to understand the seriousness of what was happening on the Colorado River and what actions were needed to be taken for conservation measures. Water Resources Manager Hixson presented and stated that the request was to grant the Public Works Director authority to sign the Memorandum of Understanding (MOU) by and among Colorado River Basin Municipal and Public Water Providers. She explained that the MOU was an opportunity to showcase collective efforts to conserve water. She said the MOU would evaluate the potential impacts of additional reductions in the supply and look for attainable solutions in three categories: Operational Resiliency, Long Term Portfolio Sustainability, and Water Conservation and Efficiency. She said that 10 this MOU was a commitment to redouble specific efforts to expand programs and best practices, reduce non-functional grass, increase water recycling and reuse, and collaborate with all Colorado River basin users. She spoke of the robust conservation program and shared a scorecard which highlighted the ways water was conserved. She spoke of the additional conservation Policies and Programs already in place including conservation-oriented tiered water rates, Sustainable Water Allocation Policy, recycle and reuse of wastewater and smart irrigation rebate program. She stated that in 2023 a turf removal rebate program would be initiated. She said that Stage 1: Water Education of Water Supply Reduction Management Plan had been implemented and requested to sign the MOU and support call to action to all users in the Colorado River basin to reduce demand. Councilmember Anderson said that this item was very significant and major cities in other basin states had signed it already. A MOTION was made by Councilmember Anderson, seconded by Councilmember Tilque, to approve Item 3. Motion carried 7-0. Resolution No. 4330 was adopted. 4. CONTRACT – consider approval of Professional Consulting Services Contract No. 323000040 with Arrington Watkins Architects, LLC in an amount not to exceed $206,210 for the North Area Service Center (NASC) Fuel Tank Replacement Project, Project No. MF2440, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 5. CONTRACT – consider approval of: a) Project Management/Construction Management (CM) Services Contract for Construction Manager at Risk (CM@R) Contract No. 322000421 with Entellus, Inc. in an amount not to exceed $688,324.92 for the Mesquite Street Project, Project No. ST1620, and Ka-Lo Park, Project No. ST2117, and authorize the Mayor to execute the required documents; and 11 b) CIP Contingency with 2022 Street Bonds as the designated funding source in the amount of $703,277.46. This item was approved with the Consent Calendar vote. 6. CONTRACT – consider approval of Professional Services Contract No. 323000136 with J2 Engineering and Environmental Design, LLC in an amount not to exceed $406,435 for the Parks and Recreation Master Plan Update, Project No. PR1337, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 7. CONTRACT – consider approval of: a) Architectural/Engineering (A/E) Services Contract for Construction Manager at Risk (CM@R) Project Contract No. 323000095 with NFra, Inc. in an amount not to exceed $184,650 for the Pecos and Higley Intersection Improvement Project, Project No. ST1590, and authorize the Mayor to execute the required documents; and b) FY2023 CIP Contingency with MAG Revolving Funding as the designated funding source in the amount of $135,000. This item was approved with the Consent Calendar vote. 8. CONTRACT – consider approval of Architectural/Engineering (A/E) Services for Design-Bid-Build (DBB) Project Contract No. 323000099 with NFra, Inc. in an amount not to exceed $172,463 for the Heritage District ADA Sidewalk Repairs, Project No. RD2262, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 12 9. CONTRACT – consider approval of Pre-Construction Services Contract for Construction Manager at Risk (CM@R) Contract No. 323000003 with Willmeng Construction, Inc. in an amount not to exceed $109,600 for the Water Tower Plaza Repair/Upgrade, Project No. PR1040, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 10. CONTRACT – consider approval of Task Order No. 38 to Job Order Contract (JOC) Contract No. 319001058 with Sunland Asphalt & Construction, LLC in an amount not to exceed $495,000 for FY2023 miscellaneous concrete and ADA repairs of sidewalks, ramp upgrades and, asphalt services and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 11. CONTRACT – consider approval of a Cooperative Purchasing Contract No. 323000139 with FitLogistix, LLC, utilizing Mohave Cooperative Purchasing Contact No. 22H-FIT-1001, in an amount not to exceed $162,079.91 for the purchase 23 pieces of cardio equipment for the fitness area and 13 spin bikes for the cycle room at Freestone Recreation Center, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 12. CHANGE ORDER – consider approval of: a) Change Order No. 7 to Construction Manager at Risk (CM@R) Services Contract No. 321000419 with Willmeng Construction, Inc. increasing the contract amount by $400,000 for Municipal Center I Renovations - Phase II, Project No. MF0530 and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the General Replacement Fund in the amount of 13 $500,000. This item was approved with the Consent Calendar vote. 13. BUDGET – consider approval of Contingency Transfer in the total amount of $1,560 for the claim settlements incurred for the period of July 1, 2022 to September 30, 2022 from: a) the General Fund in the amount of $140; b) the Streets Fund in the amount of $120; and c) the Environmental Services - Residential Fund in the amount of $1,300. This item was approved with the Consent Calendar vote. 14. FEES – consider adoption of a Resolution modifying the Water System Development Fee Infrastructure Improvements Plan (IIP) to change the location to a new well site. This item was approved with the Consent Calendar vote. Resolution No. 4331 was adopted. 15. RISK MANAGEMENT - consider authorizing the Town Attorney to settle a claim by Guadalupe Anaya resulting from a vehicular accident in an amount not to exceed $35,000 and execute the required settlement documents. This item was approved with the Consent Calendar vote. 16. MINUTES – consider approval of the minutes of the Regular Meeting of October 18, 2022 and the Special Meetings of October 17, 2022 and October 18, 2022. This item was approved with the Consent Calendar vote. 14 PUBLIC HEARING 17. LIQUOR LICENSE – conduct hearing and consider approval of a Series 7 Beer and Wine Alcohol License for Pink Nail Bar located at 2050 East Williams Field Road, Suite 107. Mayor Peterson opened the public hearing for Item 17. No one wished to speak and Mayor Peterson closed the public hearing for Item 17. A MOTION was made by Vice Mayor Yentes, seconded by Councilmember Tilque, to approve Item 17. Motion carried 7-0. 18. ANNEXATION A22-03 – conduct hearing on the proposed annexation of approximately 14.98 acres located at the southeast corner of Sanders Dr. and Warner Rd, to solicit input only. Mayor Peterson opened the public hearing for Item 18. Principal Planner MacDonald explained that this item was for the A22-03 Keystone Annexation. She explained the annexation process and said that a blank petition was filed on October 6th, 2022 and after the filing of the blank petition, the Town Council was asked to hold a Public Hearing to receive input from surrounding property owners. She said that after the Public Hearing the applicant could begin collecting signatures from property owners which could begin on November 6, 2022. She said that after that, another hearing would be held where the Council would consider adoption of the annexation ordinance accompanied by a General Plan Amendment and rezoning application. She said this item was anticipated to be on the December 13, 2022 meeting. She explained the site location, existing site General Plan Classification and zoning and companion cases to be heard on the December 13, 2022 meeting. She concluded her presentation by saying the item was for input only and no action was being requested of the Council. 15 Mayor Peterson closed the public hearing for Item 18. This item was for input only. No action was requested on the item. 19. ZONING Z22-04 - conduct hearing and consider approval of the findings and adoption of an Ordinance for Gabriella Pointe rezoning approximately 39 acres, generally on the southeast corner of Warner Road and Martingale Road, from Multi-Family Medium (MF/M) and Multi-Family Low (MF/L) to Multi-Family Medium (MF/M) with a Planned Area Development (PAD) overlay and Multi-Family Low (MF/L) with a Planned Area Development (PAD) overlay. Mayor Peterson opened the public hearing for Item 19. Lisa Ballard submitted an online comment card noting opposition to Item 19. Planner II Schumerth explained that the rezoning request was for the Z22-04 Gabriella Pointe PAD for a 39 acre site near corner of Higley and Warner Roads near the Morrison Ranch development. He said that it was currently zoned for Multi-Family/Medium and Multi-Family/Low and the request being made was an allowance to increase height for a number of buildings from 40 feet to 56 feet and increase in open space required for Multi-Family development. He explained that the proposal was not asking for an increase in the number of total allowed units. He stated that the total unit count was defined by General Plan classification which would not be changed. He spoke about the proposed development plan and the Vertical Development Overlay District Area 4. He said the proposed request was to increase the height of three buildings to 56 feet. He shared a graphic showing the line of sight from neighboring residential units and the sight line analysis showed no impacts to surrounding residential areas. He spoke about the open space and connectivity of the property. He said there was a neighborhood meeting held in March and public comments were received regarding density and traffic impacts. He said seven additional comments were received prior to the Planning Commission decision hearing and six comments were in opposition to the project. He 16 said the request was to recommend approval of Z22-04 to rezone to the same base zoning districts of Multi-Family/Medium Multi-Family/Low with a planned area development overlay that accounted for the changes that had been requested by the applicant. Councilmember Tilque thanked Planner II Schumerth for sharing this information and expressed its importance as they started to look into the future. She said this particular project caught her eye because of the height request and she was concerned if that would be adding additional units, adding knowing that information helped her make her decision. She asked if the additional open space was part of the approval and would not have to be negotiated at the next step. Planner II Schumerth responded that was correct, stating that the open space requirement was the decision that was being made. He stated that the specifics of the open space design would be handled through the Planning Commission with the design review process. Mayor Peterson asked if the applicant would like to speak. Reese Anderson from Pew and Lake, PLC stated that the staff gave an excellent report and that he had a detailed presentation prepared but did not feel the need to show it unless there were any questions. He answered Councilmember Tilque’s question that approving the item would only approve the height to the three buildings shown in the presentation. Mayor Peterson closed the public hearing for Item 19. A MOTION was made by Councilmember September, seconded by Councilmember Anderson, to approve Item 19. Motion carried 7-0. Ordinance No. 2839 was adopted. 17 ADMINISTRATIVE ITEMS 20. BOARDS AND COMMISSIONS – consider appointment to Redevelopment Commission of two regular members with terms beginning November 1, 2022 and ending October 31, 2026. This item was approved with the Consent Calendar vote. Boe Bigelow and Theodore “TJ” Claassen were reappointed to the Redevelopment Commission, with terms beginning November 1, 2022 and ending October 31, 2026. 21. COUNCIL ADMINISTRATION - consider acceptance of the Budget Report and Contingency Report for the Fourth Quarter of FY2022 and the First Quarter of FY2023. A MOTION was made by Councilmember Tilque, seconded by Councilmember Koprowski, to approve Item 21. Motion carried 6-1, with Councilmember Hendrix casting the dissenting vote. 22. 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 18 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 There were no reports. POLICY ITEMS None. FUTURE MEETINGS There was no discussion. COMMUNICATIONS Report from the TOWN MANAGER on current events. Town Manager Banger said Gilbert had received the Certificate of Achievement for Excellence in Financial Reporting Award from the Government Finance Officers Association (GFOA) for the Annual Comprehensive Financial Report for the Fiscal Year ending June 30th 2021 and congratulated the Accounting Division for winning that award for the 31st consecutive year, which he said was a very important financial document for the Town. He also said on October 23rd, 2022 the Gilbert Wellness Team coordinated Workout With a Hero, where members of Gilbert’s Police and Fire Departments led workouts for members of the community at Desert Sky Park. He said donations were also collected at that event for Domestic Violence Awareness Month. He said this was the first event of its kind but hopefully not the last and more to come. He congratulated Albert Pineda in Development Services for his 35th year with the Town of Gilbert and Benny Ruiz in Fire Department for his 37 years with the Town of Gilbert. 19 Report from the COUNCIL on current events. Councilmember September reminded everyone about “No Shave November” and encouraged all the men to grow a beard to bring awareness to men’s health issues, adding it was an important issue for him. Report from the MAYOR on current events. Mayor Peterson said on November 18, 2022 the Church of Jesus Christ of Latter-Day Saints would host an event for the Light the World Arizona Giving Machines Kick-off. She said the machines would be placed in Water Tower Park. She said the recipients of the donations would be AZCEND, Midwest Food Bank, Gathering Humanity, Special Olympics Arizona, House of Refuge and the African Girls Hope Foundation. She said the Church of Jesus Christ of Latter-Day Saints handled every cost for the machines. She encouraged everyone to use the machines and to go to the event, adding if they were unable to make it to the event the machines would be there until January 1, 2023. RECESS REGULAR MEETING AND RECONVENE IN EXECUTIVE SESSION Mayor Peterson recessed the meeting at 7:54 p.m. Mayor Peterson reconvened the meeting in Executive Session at 8:03 p.m. pursuant to: a) 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 a development and disposition agreement for the sale and development of land near the northwest corner of Gilbert and Elliot Roads; and b) A.R.S. §§ 38-431.03(A)(3),(4), (7), legal advice from the Town Attorney and discussion and consultation with Town representatives concerning ongoing obligations related to the Page Commons development and disposition agreement. 20 ADJOURN EXECUTIVE SESSION AND RECONVENE REGULAR MEETING Mayor Peterson reconvened the Regular meeting at 8:52 p.m. ADJOURN Mayor Peterson adjourned meeting at 8:52 p.m. ATTEST: ___________________________ ___________________________________ Brigette Peterson, Mayor Judy Martinez, Deputy 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 1st day of November, 2022. I further certify that the meeting was duly called and held and that a quorum was present. Dated this ____ day of ____________________2022. ___________________________________ Judy Martinez, Deputy Town Clerk 21 22