Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF TUESDAY MARCH 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, Water Manager Rebecca Hamel, and Planning Manager Eva Cutro AGENDA ITEM CALL TO ORDER Mayor Peterson called the meeting to order at 6:35 p.m. PRESENTATION OF STUDENT CITIZEN OF THE MONTH AWARD Vice Mayor Tilque presented Student Citizen of the Month Awards for February to (presented alphabetically by school): Addison Krill, Kennedi Richardson, Declan Floyd, Jazlyn Carabillas, Grady Gotcher, Rider Denham, Weston Legge, Lilah Meierhofer, June Bradford, Ragnar Storie, Piper Becker, Kalea Parker, Mya Mahnke, Emmett Waldo, Christian Montemayor, Catherine McAferty, Hailey Long, Jacob Delci, Peyton Dahl, Kae’Ceyan Canady, Everlie Fredrickson, Jet Klaassen, Sophia Kalkman, Sahir Nainwal, Nyadoi Hughes, Felixciano Malloy, Daryk Beavers, Brooklyn Boltz, 1 Serena Bhatnagar, Helena Stewart, Russell Scott, Emma Frank, Makayla Rodriguez, and Mia Swezey. INVOCATION AND PLEDGE OF ALLEGIANCE President Kevin Ballard of The Church of Jesus Christ of Latter-Day Saints gave the invocation. Councilmember Torgeson led the Pledge of Allegiance. ROLL CALL Town Clerk Herrera called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS 1. PROCLAMATION - Proclamation declaring the month of March 2023 as American Red Cross Month. Mayor Peterson read a proclamation declaring the month of March 2023 as American Red Cross month and presented it to Jim (James) Gilloon. Mr. Gilloon thanked the Town for their support and said 90% of their workforce were volunteers, several of which lived in Gilbert. 2. PRESENTATION - Presentation of 2023 Community Food Drive Results. Mayor Peterson named all those who participated in the Gilbert Feeding Families Food Drive: Oak Tree Elementary, Mesquite High, Higley Unified School District, San Tan Elementary, Power Ranch Elementary, Chaparral Elementary, Clothes Cabin, Majestic Gilbert 8, Texas Roadhouse, Bueno’s Pizza, Lou Malnatis Pizza, Evident Life Church, Living Word Bible Church, Saint Anne Roman Catholic Church & Gilbert Stake, Church of Jesus Christ Latter- Day-Saints, Chandler East Stake, Gateway Stake, Greenfield Stake, Highland East Stake, Highland West Stake, San Tan Stake, Stapley Stake, Val Vista Stake, First United Methodist partnered with Resurrection Episcopal, Higley Stake, Redemption Church, Seville Stake, Spirit of Joy partnered with Williams Field Stake, Sun Valley Christian Church, Superstition Springs Stake. She thanked coordinators Rachel Hixon, Fran Lowder, and Aimee Keller and 2 gave a shout out to Becca Gilbert and Melissa Nelson from the United Food Bank. She read the totals of the food drive stating there were 29 drop-off donation sites, 30,537 pounds of food, and $20,424 in cash donations which provides 127,568 meals to those in need. COMMUNICATIONS FROM CITIZENS James DeVary, Gilbert resident, said he was a concerned father and thanked councilmembers Torgeson and Bongiovanni for speaking with him and his neighbors. He spoke about a behavioral home in his neighborhood stating he believed it was an unethical business opportunity. He said his neighbor Casey would speak more in detail and share police reports. He said they were told in November 2022 that a study session would take place to address the issue but had not happened yet. He said he was there asking for additional leadership. He said it was a massive issue and had not stopped. He urged the Council to take action before something drastic happened in the community. Jennifer Turner, Gilbert resident, stated she lived on a County Island and was there to speak about the design for Project ST0990 Ocotillo Road Widening. She said she was speaking on behalf of the Ocotillo residents and representing Terry Naddy who could not attend. She spoke about a packet dropped off by Terry Naddy on February 21, 2023, to the Councilmembers and stated she hoped they had received and read it. She said each page of the packet responded to a 58-page slideshow stating there was inaccurate information provided by staff. She expressed that because the design had changed overtime, they felt that the design could be changed to be more efficient and cost effective. She spoke about Public Relations (PR), safety and crime, and heart; stating Gilbert recently had bad PR, added traffic added crime, and Gilbert could use heart and get good PR. Casey Kendel, Gilbert resident, said in November 2020 he and his neighbors introduced a recovery house to the last Council stating it was causing chaos to their neighborhood. He spoke of level 3 sex offenders, incidents of aggravated assault, threats of suicide, warrants being served, a combat knife fight, gang related graffiti and complete destruction of parks. He said since the introduction in November the incidents had not stopped, stating there was an average of five police interactions a month which included criminal damage, animal 3 welfare, and indecent exposure. He thanked Councilmembers Torgeson and Bongiovanni for their support and stated the Council had agreed to have an executive session on this issue and wanted to remind the Council of that commitment. He said their park was unusable and intoxicated individuals roamed the streets with open bottles of alcohol. He expressed that they believed in recovery and stated patients had the right to recover safely in a controlled environment under special care and not the care of a greedy business owner. He said Arizona Revised Statute (ARS) Code and Gilbert Code were clear on these issues stating the residential facility needed to provide least restrictive environment that met the resident’s treatment needs. He said the only code being enforced was the 1,200-foot mark in between the homes. He asked the Town to enforce the codes as it pertained to the business, houses, and future success of the Town. He offered his information, research, and experience and pleaded to the Council to enforce Town Codes. Vice Mayor Tilque asked Town Manager Banger if the recovery home item could be added on a future agenda. Town Manager Banger responded and said they were working on that internally and planned to bring the item to the Council in April. CONSENT CALENDAR A MOTION was made by Vice Mayor Tilque, seconded by Councilmember Koprowski, to approve Consent Items 3, 4, 5, 6, 7B, 8, 9, 10, 11, 11A, 12, and 13; remove Item 7A from the Consent Calendar; and add Item 17 to the Consent Calendar, appointing Kevin De Rosa, Robert Elmer, and Brett Thorpe to the Industrial Development Authority with terms beginning March 13, 2023 and ending March 12, 2029. Motion carried 7-0. 3. INTERGOVERNMENTAL AGREEMENT – consider approval of Amendment No. 1 to Intergovernmental Agreement No.322000427 with Arizona Department of Transportation (ADOT) for the Mews Road Improvements, Project No. ST1190, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 4 4. AGREEMENT – consider approval of Services Agreement No. 323000190 with Multistudio, Inc., in an amount not to exceed $144,000 for the Downtown Heritage District Wayfinding and Placemarketing Plan, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 5. AGREEMENT – consider approval of Services Agreement No.323000282 with James Cooke & Hobson, Inc., in an amount not to exceed $122,298.30 for the pump purchase and installation at Layton Lakes, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 6. AGREEMENT – consider approval of: a) Services Agreement No. 323000217 with Brightview Landscaping Services, Inc., for landscape maintenance and landscaping services, and authorize the Mayor to execute the required documents; and b) General Fund contingency in the amount of $99,670. This item was approved with the Consent Calendar vote. 7. CONTRACT – consider approval of: a) Professional Consulting Services Contract No. 323000271 with Corona Environmental Consulting, LLC in an amount not to exceed $179,210 for the Lead and Copper Compliance Program, Project No. WA1617, and authorize the Mayor to execute the required documents; and b) Water Fund contingency in the amount of $200,000 to establish WA1617 as a project. 5 Councilmember Torgeson asked about lead and copper compliance and said he would like to know why lead and copper was becoming a problem. He said hydroflourosilicic acid was a byproduct of a fertilizer that was being used and asked if that was the reason for the lead and copper study that was being done. Water Manager Hamel stated the contract was in response to revisions to the Environmental Protection Agency’s (EPA) lead and copper rule and new regulations the Town was required to follow by 2024. She said with the existing lead and copper rule periodic samplings were done in customers’ homes to check for leaching of lead from pumice plumbing stating that was the primary source of lead contamination in drinking water and maintained Potential of Hydrogen (pH) control at the two water treatment plants for corrosion control. Councilmember Torgeson asked if that had anything to do with what he mentioned. Water Manager Hamel said the hydroflourosilicic acid, fluoride was added to the drinking water by voter mandate and was not a water treatment chemical. A MOTION was made by Councilmember Torgeson, seconded by Vice Mayor Tilque, to approve Item 7a. Motion carried 7-0. Item 7b was approved with the Consent Calendar vote. 8. CONTRACT – consider approval of Architectural/Engineering (A/E) Services Contract for Design- Bid-Build (CBB) Project Contract No. 323000281 with Dick & Fritsche Design Group (DFDG Architecture) in an amount not to exceed $1,852,905 for the Advocacy Center, Project No. MF2490, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 9. CONTRACT – consider approval of Task Order No. 5 to Job Order Contract (JOC) Contract No. 321000249 with Haydon Building Corporation Inc., in an amount not to exceed $367,970 for Ocotillo Road - 148th to Greenfield, Project No. ST0990, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 6 10. CONTRACT – consider approval of Distribution Design and Construction Contract No. 323000287 with Salt River Project Agricultural Improvement and Power District (SRP) in an amount not to exceed $198,013.50 for the North Water Treatment Plant Reconstruction, Project No. WA1589, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 11. CONTRACT – consider approval of: a) Task Order No.146 to Job Order Contract (JOC) Contract No. 319000397 with CS Construction, Inc. in an amount not to exceed $542,641.75 for the Traffic Signal on Gilbert Road and American Hero's Way, Project No.TS1920; b) Project Management/Construction Management (PM/CM) Services Contract for Design- Bid-Build (DBB) Project Contract No. 323000293 with Dibble CM in an amount not to exceed $22,275 for the Traffic Signal on Gilbert Road and American Hero's Way, Project No. TS1920, and authorize the Mayor to execute the required documents; and c) CIP Contingency with Traffic Signal System Development Fees (SDFs) as the Designated funding source in the amount of $170,546.75. This item was approved with the Consent Calendar vote. 11A. CONTRACT – consider approval of Cooperative Purchasing Contract No. 323000264 with Trane U.S. Inc. utilizing Racine County, Wisconsin (OMNIA Partners) Cooperative Purchasing Contract No. 3341 in an amount not to exceed $160,000 for Chiller Maintenance and Repair Services, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 7 12. FINAL PLAT DR22-38 - consider approval of the final plat for Northside at Santan Village, located approximately 1,000 feet north of the northeast corner of Coronado Road and Santan Village Parkway. This item was approved with the Consent Calendar vote. 13. MINUTES – consider approval of the minutes of the Regular Meeting of February 21, 2023 and the Special Meeting of February 21,2023. This item was approved with the Consent Calendar vote. PUBLIC HEARING 14. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Alcohol License for Famous 48 located at 1026 South Gilbert Road. Mayor Peterson opened the public hearing for item 14. No one wished to speak and Mayor Peterson closed the public hearing. A MOTION was made by Vice Mayor Tilque seconded by Councilmember Torgeson, to approve public hearing item 14. Motion carried 7-0. 15. CODE OF GILBERT - conduct hearing and consider adoption of an Ordinance amending the Code of Gilbert, Arizona, Chapter 62 Traffic and Vehicles by adding Article VI Commuter Rail and Light Rail relating to assessment of new fees And taxes for a Commuter Rail or Light Rail system. Mayor Peterson opened the public hearing for items 15, 15A and 15B. Vice Mayor Tilque stated Virginia Morrison submitted a card indicating they were against Items 15 and 15B but did not wish to speak. 8 Maureen Hoppe, Gilbert resident said she wanted to reiterate where they were as a community stating the citizens of Gilbert ruled the Town. She said the Council was elected to represent the citizens and make decision that were in the best interest of the Town. She said employees of the Town did not run the Council and told the Council to do their job. She made comments towards the Councilmembers and asked how many times the rail issue was going to be brought forth. She said the power of the topic should be a vote of the people and asked the Council to stop gaslighting and manipulating. She said Gilbert did not want rail and to stop spending money discussing the topic. She said to give the power to the people to vote and decide. Bruce Levitch, Gilbert resident said he had lived in Gilbert for 21 years and chose to live in Gilbert for the quality of life. He said he was not speaking as a lobbyist or special interest group. He said he was retired from Maricopa Sheriff’s Office and did boots on the ground with the light rail in Phoenix. He said it was a waste of taxpayer money, burden on the Police, Fire, and Ambulance. He said it was crime infested, brought homeless, burglars, and ruined businesses and established neighborhoods. He stated it was a waste of money and would rather see the money spent on Police, parks or rehab. He said he hoped the Council postponed the vote on the light rail stating it was a big mistake. Virginia Morrison, Gilbert resident thanked for the opportunity to voice her opinion and spoke against Public Hearing Item number 15A. She spoke of insanity and said the proposed Item 15A would lock them into insanity, restricting Town staff’s time, funds, and anything of value to study or construct any light rail or commuter rail stations stating it prohibited the Town from making informed decisions. She discussed the increase of population and the anticipated buildout of Gilbert to be at 300,000 residents, stating it was now time to plan. She said they now benefitted from the plans of past Councils and discussed the benefits of express commuter buses and reduced commuter times. She said everyone on the dais was a visionary and a leader in the community. She said she believed in keeping an open mind and looking at all options. Mayor Peterson closed the public hearing for Items 15, 15A, and 15B. 9 Mayor Peterson stated she appreciated the passion and comments from the residents. She said the Council could not stop the commuter rail potentially coming through Gilbert stating the rail lines were owned by a private entity. She said if an outside company such as Amtrak chose to bring commuter rail on those lines the Town of Gilbert would not have a say. She said depending on the decision that evening, they would be able to participate in conversations, plan for the future, and decide what was best for the community should the commuter rail come to Gilbert using the rail lines already in place. She said she wanted to be clear that all it would stop was if the Town of Gilbert would provide funding for the commuter rail. She stated they did not have any intention to bring light rail to Gilbert. She said she submitted the first Ordinance that evening saying she believed it allowed the public to have a voice and for transparency into the future of any potential commuter rail in Gilbert stating it lowered all substantial liability and ensured public was in control of fees or taxes specifically for rail. She added it did not impede the public, Council and Town staff from being involved in discussions and did not jeopardize the development agreement with Cooley Station. She spoke about breaking development agreements and stated the other ordinances could possibly open up the Town to lawsuits. She discussed separating a fee and a tax stating Gilbert was not a Charter City and a new tax could be created without a referendum to the voters. She stated she added two separate entries into the ordinance stating one would not allow assessment of a new fee and one that would not allow to pass a tax for light rail or commuter rail without a referendum to the voters. Councilmember Torgeson spoke about Item 15A and said he separated light rail for clarity stating if everyone was against the light rail that would allow it to be stopped and give people assurance. He said Item 15B allowed the Town to participate in the conversations regarding commuter rail but would not allow any outside expenses. He said he believed the development agreement was broken several times and it didn’t commit the Town to commuter rail. He stated the intention was for complete transparency and accountability for the Councilmember’s votes. Councilmember Bongiovanni spoke about “Open Meeting Laws,” stating it prohibited him to speak to other members of the council on topics. He said he felt the need to separate light 10 rail from commuter rail stating if commuter rail could not be stopped, he wanted a seat at the table for discussions. He expressed he wanted to put back public trust and respectfully challenge his colleagues who had said they were against light rail in Gilbert to vote “No” on item 15 and “Yes” on Items 15A and 15B. Councilmember Buchli said she agreed with Councilmembers Torgeson and Bongiovanni and stated Item 15B would not allow any taxpayer money to be spend on commuter rail if Amtrak decided to bring commuter rail to Gilbert. She urged the Council to vote “No” on Item 15 and “Yes” on Items 15A and 15B stating that would completely take light rail off the table. Councilmember Koprowski expressed her appreciation for the discussion and comments from the Public. She said it was unfortunate that ordinances were being used as a tool when current processes and procedures allowed the Council to make decisions on major issues adding the Town could not do a transit study without Council approval. She said the common thread was their care for the community and hoped they could better understand how to utilize current processes stating some of those tools could be planning studies and advisory boards that could provide information to the Council to make informed decisions. She expressed that as a body they would not pass anything related to light rail and it seemed odd to pass an ordinance adding she did not want to give a false sense of security. She stated her position for commuter rail was to keep options open and provide direction if studies came up in the future. She stated she believed the Council was moving in the right direction but did not feel the ordinances were the right tool. Councilmember Torgeson said expenses below a certain threshold would be restricted and the ordinance allowed the Town to be at the table for discussion but would not allow to be invested in without expressed consent. He spoke about the term “Widely Important Goals” stating it was put in the budget and had been used in Town emails 128,000 times. He said that term was used by a Professor from Harvard as method to keep something on the table even if everybody else was against it. He said commuter rail in his hometown of Glendale, California was dangerous and his sole purpose was to be completely transparent and accountable. 11 Councilmember Anderson said he hoped light rail would never come up again stating light rail was not intended to be in Gilbert. He said there was not much they could do about commuter rail if the private entity decided to use the rail lines. He spoke about bad policy and used the 60-freeway frontage 35 years ago as an example. He said he did not want to be short sighted and would want to know future options for commuter rail through studies and was on board with eliminating the option for light rail. Councilmember Bongiovanni asked Town Attorney Payne if by voting vote “No” on Item 15 and “Yes” on Items 15A and 15B would eliminate the light rail. Town Attorney Payne said it was best to speak to Item 15A stating that ordinance pertained directly to the light rail and if the ordinance were to pass it would prohibit the Town from spending or using any resources for the light rail in Gilbert. Councilmember Bongiovanni asked what would happen as far as process if both Items 15 and 15A passed, noting Item 15 included light rail whereas Item 15A did not. Town Attorney Payne said the two ordinances were different stating Item 15A prohibited spending any money to further light rail in Gilbert and assessing a tax and fee for purposes of aiding in the design, planning, construction, operation or maintenance of light rail within the Town; adding it would not prohibit Town staff in participating in Planning bodies. He stated Item 15 would prohibit the town from assessing a new few or a new tax for the purposes of light rail or commuter rail without first going to the voters. Councilmember Bongiovanni asked if the language in Item 15 would allow them to say no to light rail. Town Attorney Payne said with regard to light rail, Item 15 would prohibit the Town from assessing any new fee or new tax for light rail without going for a referendum. Councilmember Bongiovanni asked if they had to vote “No” on Item 15 if they wanted to say no to light rail. Town Attorney Payne said he believed that question would be for the policy makers to decide and reiterated that the ordinance for Item 15 would prohibit a new tax and new fee for light rail and would not prohibit the spending of money for studies with regard to either light rail or commuter rail. He explained the ordinance for Item 15A would prohibit everything with regard to light rail. Councilmember Bongiovanni asked if Item 15 would close the door on the light rail. Town Attorney Payne responded that Item 15 would allow the Town to spend money and it would prohibit new taxes or new fees with regard to light rail or commuter rail. 12 Councilmember Torgeson asked if current taxes could be used with regard to Item 15. Town Attorney Payne responded yes, stating the ordinance prohibited the Town from assessing a new tax or fee without referendum. Councilmember Torgeson said Item 15 did not restrict spending and if they invested with current taxes, it would not involve new fees or voter input. Town Attorney Payne responded that the ordinance did not speak about spending and stated it only spoke of prohibiting new taxes or fees without a referendum. Councilmember Torgeson said under the ordinance for Item 15B, any spending could be possible if brought to the Council. Town Attorney Payne read Subsection B of the ordinance for Item 15B. Councilmember Torgeson asked about Subsection E of the ordinance for Item 15B. Town Attorney Payne responded that the ordinance for Item 15B did not have a Subsection E. Councilmember Torgeson responded that Item 15B was supposed to have language stating, “if voted on by the current Council”. Town Attorney Payne responded saying that language was included in Item 15A in Subsection E stating “no further expenses other than those permitted by this article shall be incurred by or on behalf of the Town without expressed council approval.” Councilmember Torgeson said that language was supposed to be in Item 15B. Mayor Peterson said nothing could be spent without coming to the Council for a vote adding staff could not do a feasibility study or contract without coming to the Council. Councilmember Torgeson asked what the budget limit was for staff to come to Council for a vote. Mayor Peterson said Town Manager Banger had authority to approve spending to a certain amount but everything else would need to come to the Council for a vote. Councilmember Bongiovanni asked if Mayor Peterson would consider removing light rail from the ordinance in Item 15 and said Item 15B could then be eliminated. Mayor Peterson said she was in favor of eliminating Item 15B and responded that she had an amendment prepared for Item 15 stating the Town shall not expend monies for construction, maintenance or repair for commuter or light rail within the jurisdiction of the Town. Councilmember Bongiovanni responded that the amendment still kept light rail open by using the word “or”. Mayor Peterson expressed it would not allow the Town to spend any money on it, she disagreed with his assertion of the word “or” and stated she would not vote in favor of Item 15B. 13 Councilmember Koprowski said she wanted to address Councilmember Torgeson’s concerns regarding items under a certain threshold that did not go to the Council for approval. She said she believed the threshold amount was $100,000 and asked if there was a way that the Council could give direction to staff for commuter rail or any transit options at any cost threshold or if an ordinance was required for that to take effect. Town Manager Banger said his expenditure authority allowed him to authorize up to $50,000 for contingency use for unexpected expenses or expenditures not part of the approved budget for the fiscal year. He said Capital Projects had spending authority up to $100,000 tied to the project and was provided through quarterly reports to the Council. He said the Council would need to take some type of action if the desire was to restrict spending on a specific type of work or study. Vice Mayor Tilque said she believed their financial policies could outline procedures for spending money in certain areas. She stated she was opposed to bringing multiple ordinances to the dais without a working group and discussion. She said she was glad they were discussing and working to put a policy in place but the form of which they were doing it was insane stating it upset the residents and was misleading. She said they were trying to govern in a way that was transparent and understandable and that did not mean they were in support of the commuter rail or light rail. She expressed she was embarrassed that the Council looked divided and said she wanted to find solutions together. She said she assumed they agreed they did not want to spend any new fees to fund the light rail and did not want a new tax unless people of Gilbert wanted it. She added she believed they wanted to participate in regional conversation with transportation issues that could impact the community. She said what they didn’t appear to agree on was the ability to use Town resources to do studies stating it was an area to work on. She spoke of the commuter rail stating it was a regional issue and said it was irresponsible for the Council not to study and understand what it meant. She said she believed there were other avenues stating they could look at the Transportation Master Plan or other policies but the ordinances were not the way. 14 Mayor Peterson said she offered to continue the item two weeks ago and bring it to a study session but was forced into a vote. She said she wanted to create an ordinance that would protect the community, answer questions and end the discussion adding she was not in favor of continuing the item to another date. A MOTION was made by Mayor Peterson to approve Item 15 adding amendment that the Town shall not expend monies for construction, maintenance, or repair of commuter and or light rail within the jurisdiction of the Town. Motion failed. Councilmember Buchli said she would never be embarrassed for representing the people who elected her. She said the residents of Gilbert did not want light rail or commuter rail and Items 15A and 15B would hopefully put a stop to it. She stated Gilbert was the “City of the Future” and they were looking to the future by ensuring light rail or commuter rail would not come to Gilbert. Councilmember Bongiovanni stated he was new to the Council and learning the process along with Councilmembers Torgeson and Buchli. He said he appreciated Vice Mayor Tilque sharing with him different ways this could have been done. He said Mayor Peterson put the ordinance on the agenda first and the three new councilmembers not knowing the process added the two additional ordinances in defense. He stated he would have preferred a study session but wasn’t given the opportunity because Mayor Peterson put it on the agenda. Mayor Peterson responded saying she put it on the agenda because it was taken to a vote; adding had there not been a vote at the last meeting they would have brought it forward to a study session. Councilmember Bongiovanni asked if they could have still had a study session before putting it on the agenda. Mayor Peterson responded with yes and stated she knew the councilmembers were working on ordinances to bring forward. Councilmember Bongiovanni said the ordinances were not submitted until they saw the Mayor’s ordinance on the agenda. Mayor Peterson said she did not know that as they were not allowed to speak to one another due to open meeting laws. 15 Councilmember Buchli asked if they could have had a study session together. Mayor Peterson answered yes and said she had asked for a study session at the last meeting before they voted. She stated they now needed to make a decision. Vice Mayor Tilque said her comment was embarrassment for the process they were using and not for anyone speaking about what they believed. She stated she would appreciate clarity from town staff asking if there were other ways of going about this without it being an ordinance. Councilmember Torgeson asked Town Attorney Payne to address Subsection E on the Ordinance. Town Attorney Payne said Subsection E on the Ordinance for Item 15A stated “no further expenses other than those permitted by this article shall be incurred or on behalf of the Town without expressed Council approval.” Councilmember Torgeson said that subsection was meant for Item 15B to give the Council option to vote on expenditures for a study. Councilmember Bongiovanni stated it was his understanding that the subsection would be on Item 15B which would give the Council the option to discuss commuter rail and separate Item 15A to eliminate light rail. Mayor Peterson expressed she was not comfortable with Item 15B stating the way it was written prohibited conducting a feasibility study and omitted discussion of commuter rail as part of the transportation plan. She said it was poor planning and irresponsible adding she would not vote for 15B. Councilmember Anderson said he wasn’t sure if he was ready to vote on any of the ordinances. He stated he would rather remove the ordinances and eliminate the light rail and leave ability to study multimodal stations. Councilmember Bongiovanni stated that was their intention but Subsection E did not get put on Item 15B. 16 Mayor Peterson said there were too many parts of Item 15B that did not work and if Subsection E was put on Item 15B she still would not be comfortable with it. She said voting on Items 15 and 15A would accomplish what they wanted but it would result in two ordinances and was over regulation stating she would like to see one ordinance that covered everything. Councilmember Bongiovanni asked if they removed light rail from Item 15 if that would cover everything. Mayor Peterson asked why they would remove light rail from Item 15 stating the ordinance stated no assessed fee or tax for either one. Councilmember Torgeson said in the interest of trying to make the ordinance work, adding Subsection E to Item 15B should accomplish the goal of transparency and would allow the Council to vote for expenses. He added that nothing would be done without expressed consent and he wanted to be accountable. Councilmember Buchli wanted to make a motion to have a study session on the items and Mayor Peterson advised that was not the typical process for holding study sessions. Town Attorney Payne advised that the motion would be to table the three ordinances and then a request could be made to have a study session by the Mayor, Town Manager or three councilmembers. A MOTION was made by Councilmember Buchli, seconded by Councilmember Anderson to table Items 15, 15A and 15B. Councilmember Koprowski suggested amending the motion by adding “to provide direction to come back to the Council if any expenses were incurred related to commuter rail or light rail”. There was discussion on a study session and Councilmember Koprowski dropped her amendment. A MOTION was made by Councilmember Bongiovanni, seconded by Councilmember Torgeson to amend the original motion of Councilmember Buchli to exclude Item 15A. Motion 17 carried 4-2-1 with Vice Mayor Tilque and Councilmember Koprowski casting the dissenting vote and Councilmember Anderson abstaining. A MOTION was made by Councilmember Buchli, seconded by Councilmember Anderson, to table Items 15 and 15B as amended. Motion carried 7-0. Ordinance No. 2851 was not adopted. 15A. CODE OF GILBERT - conduct hearing and consider adoption of an Ordinance amending the Code of Gilbert, Arizona, Chapter 62 Traffic and Vehicles by adding Article VI Light Rail expenditure prohibition relating to the expenditure of Town funds for the coordination, construction, operation, or maintenance of light rail in the Town. A MOTION was made by Councilmember Bongiovanni, seconded by Councilmember Torgeson to approve Item 15A. Motion carried 5-1-1 with Mayor Peterson casting the dissenting vote and Councilmember Koprowski abstaining. Ordinance No. 2853 was adopted. Mayor Peterson said the reason she voted against Item 15A was because she preferred to have one ordinance in place. Town Attorney Payne spoke about Council policy for abstentions stating councilmembers should not abstain from voting unless there was a conflict of interest. He said the two abstentions would not have changed the outcome of the votes but wanted to note for future meetings. 15B. CODE OF GILBERT - conduct hearing and consider adoption of an Ordinance amending the Code of Gilbert, Arizona, Chapter 62 Traffic and Vehicles by adding Article VI Commuter Rail expenditure prohibition relating to the expenditure of Town funds or resources for the coordination, construction, operation, or maintenance of commuter rail in the Town. 18 A MOTION was made by Councilmember Buchli, seconded by Councilmember Anderson, to table Items 15 and 15B as amended. Motion carried 7-0. Ordinance No. 2854 was not adopted. 16. ZONING Z22-18 - conduct hearing and consider adoption of an Ordinance amending the Town of Gilbert Land Development Code, Chapter I Zoning Regulations, Section 2.0 Terms, related to the definitions of Building Attached, Lot Line (front and rear) and the Lot Type graphic. Mayor Peterson opened the public hearing for Item 16. Planning Manager Cutro presented an amendment to the Land Development Code (LDC) which was a Town Zoning Ordinance stating additional criteria and descriptive language was added to help determine front yards on individual lots. She discussed the graphic currently in the code stating the named lots showed a corresponding number next to them designating front sides and rear lots and stated Vice Mayor Tilque brought to staff’s attention that the irregular lots did not have the corresponding numbers. She stated the last paragraph on the graphic indicated to contact the Planning Department for setback determination and an asterisk was added next to the language to tie it to the interior lot. Mayor Peterson asked where the front setback was for the image depicted on the screen. Planning Manager Cutro said for the image depicted the front would be where the asterisk was marked bordering the street and stated not all were marked for that configuration. Councilmember Koprowski asked to go over the language changes to make sure the text changes within the code would be consistent. Planning Manager Cutro discussed the language and additional criteria for interior lots stating it was based on the majority of the lots around it and The Town’s Street Classification System. Councilmember Koprowski asked if a lot with multiple frontages was inclusive of all other lots on that diagram except for interior lots. Planning Manager Cutro responded saying also some of the irregular lots because it may only have one frontage but might have multiple sides or multiple rears. Councilmember Koprowski asked if that language needed to be added. Planning Manager Cutro said staff 19 believed that language was covered in there with the asterisk and to contact the Planning Department to look at each individually. Mayor Peterson closed the public hearing for item 16. A MOTION was made by Vice Mayor Tilque, seconded by Councilmember Torgeson, to approve Item 16. Motion carried 7-0. Ordinance No. 2852 was adopted. ADMINISTRATIVE ITEMS 17. BOARDS AND COMMISSIONS – consider appointment of three regular members to the Industrial Development Authority with terms beginning March 13, 2023 and ending March 12, 2029. This item was approved with the Consent Calendar vote. Kevin De Rosa, Robert Elmer, and Brett Thorpe were appointed to the Industrial Development Authority with terms beginning March 13, 2023 and ending March 12, 2029. 18. 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 20 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 No discussion. COMMUNICATIONS Report from the TOWN MANAGER on current events. There was no report. Report from the COUNCIL on current events. Vice Mayor Tilque announced the first Town Hall meeting from the Subcommittee on Communications was held that morning and reminded everyone that the next Town Hall meeting was Wednesday, March 8, 2023, hosted by Councilmember Bongiovanni and another one would be held on Saturday, March 11, 2023, hosted by Councilmember Koprowski. She said the meetings were about communication and open to the public and she encouraged the public to attend. Councilmember Bongiovanni and Mayor Peterson noted there would be a blood drive at the Southeast Regional Library on Thursday, March 9, 2023. 21 Councilmember Koprowski said the Gilbert Symphony had been renewed and would have its first concert on Sunday, March 12, 2023, at Higley Center for Performing Arts from 3:00 – 5:00 p.m. She stated admission was free and sufficient donations were received by several community members to cover the first concert. She encouraged everyone to attend and said more information could be found at www.gilbertsymphony.org. Report from the MAYOR on current events. Mayor Peterson said applications were opened for Gilbert Student Government Day until March 15, 2023 at 6:00 and stated any high school students in Gilbert were welcomed to apply. She said Student Government Day would be held on April 12, 2023 and to visit www.gilbertaz.gov/SGD for more information. She mentioned they had a wonderful weekend with two Galas celebrating the House of Refuge stating they were a partner of the Town of Gilbert to serve residents; and the Annual Celebration at HD SOUTH stating they got dressed in red and participated in the annual fundraiser. RECESS REGULAR MEETING AND RECONVENE IN EXECUTIVE SESSION A MOTION was made by Vice Mayor Tilque seconded by Councilmember Anderson, to recess to Executive Session 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 regarding the legal aspects for the potential acquisition of interest in land near Neely Road and the Western Powerline Trail; and b) A.R.S. §§ 38-431.03(A)(3),(4), legal advice from the Town Attorney and discussion and consultation with Town representatives concerning legal impacts and legal aspects of potential development plans on existing agreements with the property owners of parcels located at the southeast corner of German Road and Val Vista Drive and the southeast corner of Chandler Heights Road and Val Vista Drive; and 22 c) A.R.S. §§ 38-431.03(A)(3),(4), (7) legal advice from the Town Attorney and discussion and consultation with Town representatives concerning legal impacts and legal aspects of right-of-way, utility, and easement needs for ST1140, Lindsay Road north of Ocotillo Road; and d) A.R.S. § 38-431.03(A)(3) legal advice from the Town Attorney concerning Town Council authority under Town Code and other laws, including Town Code Section 1-97(c), and with regard to CIP ST0990 Ocotillo Road from 148th St. to Greenfield Rd. Motion carried 7-0 Mayor Peterson recessed the meeting at 8:34 p.m. ADJOURN EXECUTIVE SESSION AND RECONVENE REGULAR MEETING Mayor Peterson reconvened the Regular meeting at 10:08 p.m. ADJOURN Mayor Peterson adjourned meeting at 10:08 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 March, 23 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 24