Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF TUESDAY, FEBRUARY 7, 2023 AT 6:30 PM, MUNICIPAL CENTER I, COUNCIL CHAMBERS, 50 E. CIVIC CENTER DRIVE, GILBERT, ARIZONA COUNCIL PRESENT: Mayor Brigette Peterson, Vice Mayor Kathy Tilque, Councilmembers Scott Anderson, Chuck Bongiovanni, Bobbi Buchli, Yung Koprowski, and Jim Torgeson COUNCIL ABSENT: None STAFF PRESENT: Town Manager Patrick Banger, Town Clerk Chaveli Herrera, Deputy Clerk Judy Martinez, Town Attorney Christopher Payne, Transportation Plan Manager Jason Hafner, and Office of Management and Budget Director Kelly Pfost AGENDA ITEM CALL TO ORDER Mayor Peterson called the meeting to order at 6:31 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Rabbi David Roller of Chabad Jewish Center of Gilbert gave the invocation. Councilmember Bongiovanni led the Pledge of Allegiance. ROLL CALL Town Clerk Herrera called roll and declared a quorum present. PRESENTATION; PROCLAMATIONS 1 None. COMMUNICATION FROM CITIZENS Terri Naddy, not a Gilbert resident, stated she lived on a County Island within a Gilbert planning area. She said she was not an engineer but had accumulated lots of research regarding roads, sidewalks, and safety. She said when the project was presented in August there was no creativity or angles, but there was creativity with Project No. WW1060 to come up with solutions for that project. She expressed concerns with trees on the multi-use trail regarding safety for horse riders and suggested that they do not include them on the trail. She said she had a lot of ideas but just wanted to be heard and she wished to do it like reasonable adults. She said if they could not speak to her because of the lawsuit, she would give her research to her neighbors and prep them to have a logical conversation to find something that would work for everyone. Rich Robertson, not a Gilbert resident, said it appeared the Council would be asked to consider adding the widening of Ocotillo Road as a future agenda item and he wanted to encourage that. He said last year after they had complained, Council asked staff to re-look at design options. He said they were not consulted and when staff reported back to Council the only viable option was the one they started with. He said they learned about the evaluation of the options when staff scheduled meetings with a few residents at a time and informed them how things were going to be. He said during those meetings, there were no discussions and there was more staff than residents present. He said that staff told them they were doing them a favor by limiting it to 65 feet when they could have taken 75 feet; then they had a private meeting at each property where they were told a sound wall to block the noise from the increased traffic would be built, but they would not build the wall if they took the Town to court. He mentioned that there had only been one public meeting held at the beginning of the project, and since that meeting there had been no dialog with them about the design options, it had been a one-way street. He asked the Council to agree to revisit the project so there could be a constructive interchange and to listen to residents. 2  CONSENT CALENDAR A MOTION was made by Vice Mayor Tilque, seconded by Councilmember Bongiovanni, to approve Consent Items 1, 3, 4, 5, 6, 7, 8, 9, and 11; and remove Items 2 and 10 from the Consent Calendar. Motion carried 7-0. 1. DEVELOPMENT AGREEMENT – consider adoption of a Resolution approving a Reimbursement and Lien Agreement with TT AZ Gilbert Germann Val Vista Land, LLC for the design and construction of half-street improvements on Germann Road between Val Vista Drive and Quartz Street, Project No. Z21-16, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 4355 was adopted. 2. AGREEMENT – consider approval of a Lease Termination Agreement for Contract No. 2016-5001-0121 for the development, operating and maintenance lease agreement with SAP Holdings, LLC which does business as San Tan Adventure Park for a 4-acre parcel at Crossroads Park. Councilmember Bongiovanni stated he was not against the item but had suggestions for future contracts. He said the contract was well written and that the staff was detailed in protecting the Town’s interest. He said he did not see a penalty for non-performance and suggested surety bonds and/or insurance policies to be added to future contracts to compensate the Town for non-performance and consequence developers who find themselves in over their heads. A MOTION was made by Vice Mayor Tilque, seconded by Councilmember Torgeson, to approve Item 2. Motion carried 7-0. 3. CONTRACT – consider approval of Architectural/Engineering (A/E) Services Contract for Design-Bid-Build (DBB) Project Contract No. 323000201 with Dibble and Associates, 3 Consulting Engineers, Inc. in an amount not to exceed $94,747 for Recker and Ocotillo Signal, Project No. TS1580, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 4. CONTRACT – consider approval of: a) Task Order No. 39 to Job Order Contract (JOC) Contract No. 319001049 with Talis Construction in an amount not to exceed $226,000 for Trail System Repairs, CIP Project No. PR1329, and authorize the Mayor to execute the required documents.; and b) General Fund contingency in the amount of $81,000. This item was approved with the Consent Calendar vote. 5. CONTRACT – consider approval of Pre-Construction Services Contract for Construction Manager at Risk (CM@R) Project Contract No. 323000230 with Nesbitt Contracting Co. Inc. in an amount not to exceed $372,717.92 for the Mesquite Street, Lindsay to Val Vista, and KA-LO Park Improvements, Project Nos. ST1620 & ST2117 and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 6. CONTRACT – consider approval of Job Order No. 21 to Job Order Contract (JOC) Contract No. 320000098 with Felix Construction Company in an amount not to exceed $137,524.70 for the replacement of Steel constructed fluoride tank Santan Vista Water Treatment Plant, Project No. WA1578, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 4 7. CHANGE ORDER – consider approval of Change Order No. 1 to Contract No. 320000063 with Fluoresco Services, LLC increasing the contract amount by $215,000 for illuminated street name signs repair and replacement, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 8. CHANGE ORDER – consider approval of Change Order No. 4 to Contract No. 320000248 with Motorola Solutions Inc. increasing the contract amount by $75,915.75 to purchase the Logging Archiving Interface Server (AIS) for the Police Dispatch Center Expansion, Project No. MF2480, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 9. BUDGET – consider approval of contingency in the total amount of $258,180 for the claim settlements incurred for the period of October 1, 2022 to December 31, 2022 from: a) the General Fund in the amount of $60,840; b) the Streets Fund in the amount of $58,080; c) the Parkway Improvement Districts in the amount of $8,380; d) the Water Fund in the amount of $39,170; e) the Wastewater Fund in the amount of $4,790; f) the Environmental Services - Residential Fund in the amount of $35,540; g) the Environmental Services - Commercial Fund in the amount of $26,780; and h) the Fleet Fund in the amount of $24,600. 5 This item was approved with the Consent Calendar vote. 10. GRANT – consider adoption of a Resolution supporting the application, acceptance and administration of a grant, Contract No. 323000274 from the U.S. Department of Transportation Rebuilding American Infrastructure with Sustainability and Equity (RAISE) for the study and design of a grade-separated pedestrian crossing of the Union Pacific Railroad (UPRR) along the Ash Street alignment in the Heritage District, and authorize the Mayor to execute the required documents. Councilmember Torgeson asked why equity was part of the description of the Community Development Block Grant Fund. Transportation Plan Manager Hafner stated that in the RAISE grant with regard to equity, the Town looked at safety and accessibility for all users of the transportation network. He said that in the project they applied for; they were trying to create a safe way for all users in the Town to get over the railroad. Councilmember Torgeson clarified that equity meant that everyone would be able to cross and there was no other interpretation of the term. Councilmember Koprowski asked when Federal funds were pursued, like the Federal 40, how it may increase the chances of funding the project. Transportation Plan Manager Hafner stated he was not familiar with the Federal 40. Councilmember Koprowski stated the Federal 40 was an equity analysis that the Federal Government had set aside for additional funding in certain areas, adding the Heritage District was the only area in Gilbert that would fall within that funding. She stated this particular project and location would be a good candidate for those funds. 6 Councilmember Torgeson stated that it was the right place for that and redevelopment zone qualified for that. He said his concern was the use of that term and if there were any strings attached to that. Transportation Plan Manager Hafner stated that as far as he was aware there were no strings attached based on the “equity” related to this grant. A MOTION was made by Councilmember Torgeson, seconded by Vice Mayor Tilque, to approve Item 10. Motion carried 7-0. Resolution No. 4356 was adopted. 11. MINUTES – consider approval of the minutes of the Regular Meeting of January 24, 2023, the Study Session Meeting of January 24, 2023 and the Special Meeting of January 24, 2023. This item was approved with the Consent Calendar vote. PUBLIC HEARING Mayor Peterson opened the public hearing for Items 12 and 13. No one wished to speak and Mayor Peterson closed the public hearing. A MOTION was made by Councilmember Bongiovanni, seconded by Vice Mayor Tilque, to approve public hearing Items 12 and 13. Motion carried 7-0. 12. LIQUOR LICENSE – conduct hearing and consider approval of a Series 11 Hotel/Motel Alcohol License for Hyatt Place Phoenix/Gilbert located at 3275 South Market Street. This item was approved with the Public Hearing vote. 13. CODE OF GILBERT - conduct hearing and consider adoption of an Ordinance amending the Code of Gilbert, Arizona, by amending Chapter 10 Buildings and Construction 7 Regulations, Article VI Public Works, Section 10-202 Adoption of Town Of Gilbert's Public Works And Engineering Standards, Supplement to Mag Uniform Standard Details for Public Works Construction, and Supplement to Mag Uniform Standard Specifications for Public Works Construction; Adopting by Reference Modifications to the Supplement to Mag Uniform Standard Details for Public Works Construction; setting an effective date of March 9, 2023. This item was approved with the Public Hearing vote. Ordinance No. 2849 was adopted. ADMINISTRATIVE ITEMS 14. 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 There were no reports. 8 15. COUNCIL ADMINISTRATION - consider acceptance of the Budget Report and Contingency Report for the second Quarter of FY2023. Office of Management and Budget Director Pfost provided an overview of the item stating that the Council handled anything over $50,000 in contingency. She stated there was no extra money in any of the department budgets. She said when unexpected things come up there was the ability for some contingency at her level or Town Manager Banger’s level, and a report was provided to Council that showed what all of the items were, which was the report before them that evening. She said they provide a list of what the contingency added up to throughout the year including historical context on which departments were using more or less throughout the year, Council and the public had the opportunity to ask questions regarding those changes in the budget. Councilmember Anderson asked if there was a higher use of contingency due to inflation and supply chain issues. Director Pfost affirmed, stating they were seeing a higher use of contingency this year and last year as a result of increased supply chain or cost increases that were not built into the base budget, noting they did not anticipate that level of inflation when they created the budget. Councilmember Anderson asked if that would be considered in budgeting for next year. Director Pfost stated yes, they were and they had added in money to be able to maintain the same level of service. She said they would receive that information when they hear about the budget in a couple of months, noting that other departments trying to maintain the same level of service had seen requests with contracts that were costing more. A MOTION was made by Vice Mayor Tilque, seconded by Councilmember Anderson, to approve Item 15. Motion carried 7-0. POLICY ITEMS 9 None. FUTURE MEETINGS Ocotillo Road widening project revisited (right-of-way discussion) CM's JT, BB, CB for 2/7/2023 No discussion. COMMUNICATIONS Report from the TOWN MANAGER on current events. There was no report. Report from the COUNCIL on current events. There was no report. Report from the MAYOR on current events. Mayor Peterson reported the Gilbert Feeding Families Food drive would run throughout most of February until the 26th and cited the website where there was additional information available about donation locations and cash donations. She stated that she would be headed down to the Senate to testify against Senate Bill SB1117, stating it was a housing infrastructure bill by Senator Kaiser. She said that bill would affect the landscape of the state including creating more water issues and said it was essential that communities stood together against this bill. She announced that it was Kirsten Morgan’s first anniversary as the Mayor’s Aid and thanked her. ADJOURN 10 Mayor Peterson adjourned meeting at 6:56 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 7th day of February, 2023. I further certify that the meeting was duly called and held and that a quorum was present. Dated this ____ day of ____________________2023. ___________________________________ Chaveli Herrera, Town Clerk 11