Council Regular/Special Meeting
Special MeetingGilbert, AZ · December 12, 2023
Minutes
MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF TUESDAY,
DECEMBER 12, 2023 AT 6:30 PM, MUNICIPAL BUILDING 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, Police Chief Michael Soelberg, and Senior Planner
Keith Newman
AGENDA ITEM
CALL TO ORDER
Mayor Peterson called the meeting to order at 6:32 p.m.
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Brian Cain of Spirit of Joy Lutheran Church gave the invocation.
Councilmember Koprowski led the Pledge of Allegiance.
ROLL CALL
Town Clerk Herrera called roll and declared a quorum present.
PRESENTATIONS; PROCLAMATIONS
1
1. PRESENTATION - Introducing Park University Women's Soccer Team of Gilbert.
Mya Mudry, Catherine Corlett, and Alexandra White of Park University discussed the
Park University Women's Soccer Team of Gilbert. They shared their positive impact on
the community through awareness, standards, service and by promoting local.
COMMUNICATIONS FROM CITIZENS
Katey McPherson, not a Gilbert resident, spoke of the loss of Preston Lord and said he
represented all children. She spoke of other children being assaulted and efforts to
save Preston. She requested the Council to publicly condemn the act of violence that
took Preston’s life and open a series of listening sessions with adults and youth
regarding violence prevention.
Jam Uy, Gilbert resident, said her family moved to Gilbert because she believed it was
a safe place to raise her children. She said incidents with children harming each other
scared her. She said it was a wakeup call, then spoke of other youth who were also
assaulted, Hailey Stevens, Preston Lord, and Jamir Jenkins. She said it started at home
with values and spoke of children who had been reprimanded multiple times that the
parent needed to step back and reflect. She spoke of mental health issues, and asked
parents to be present. She advocated for more education for the community and in
public schools and to teach children that it was okay to speak up.
Nicki Connelly, not a Gilbert resident, stated she was there in solidarity with the other
mothers at the meeting. She said she was from Chandler but was there because she
believed that Chandler, Gilbert, and Queen Creek were all part of the community as a
whole. She then spoke of an incident with her child where he was jumped by 20 teens.
2
She said it was getting worse and Gilbert, Chandler, and Queen Creek needed to come
together to figure out a way to help the kids.
Cassandra Erwin, not a Gilbert resident, said she was a concerned but hopeful citizen.
She spoke of teen violence and said the region was damaged. She said the senseless
acts should stop and asked if Gilbert could be the second town to make a strong public
statement condemning the acts of violence and intimidation plaguing our community
while supporting those who also had information that could lead to justice. A strict zero-
tolerance message was necessary for children and families to feel protected. She said
children’s narratives changed with us and with encouragement from our governing
bodies, we empower our children to uphold a level of social justice and integrity, and
that their voices were a contribution to the community.
Police Chief Soelberg read a statement thanking those who took the time to come to
the Council meeting and express concerns via email. He acknowledged their concerns
and named Preston Lord of Queen Creek, Hailey Stevens of Casa Grande, and Jamir
Jenkins of Pinal County. He said Gilbert does condemn any violence in the community
and he was there to reassure community members that they will do everything they can
do to successfully investigate and prosecute those who have committed violence within
our community. He stated that Gilbert Police Department was committed to ensuring
justice for victims and addressing any concerning behaviors or trends promptly. He
encouraged the community to share information directly with the department to avoid
confusion and misinformation. Gilbert Police Department would continue to work on
teen safety education via their school resource officers their crime prevention team and
their social media channels.
CONSENT CALENDAR
3
A MOTION was made by Vice Mayor Tilque, seconded by Councilmember Bongiovanni,
to approve Consent Items 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 16A, 16B, 17,
18, 19, 20, and 21. Motion carried 7-0.
2. INTERGOVERNMENTAL AGREEMENT – consider adoption of a Resolution
approving Intergovernmental Agreement No. 324000175 with the City of Tempe Police
Department for cooperative law enforcement training operations, and authorize the
Mayor to execute the required documents.
This item was approved with the Consent Calendar vote. Resolution No. 4429 was
adopted.
3. INTERGOVERNMENTAL AGREEMENT – consider adoption of a Resolution
approving Intergovernmental Agreement No. 324000174 with Town of Payson Police
Department for Cooperative Law Enforcement Training Operations, and authorize the
Mayor to execute the required documents.
This item was approved with the Consent Calendar vote. Resolution No. 4430 was
adopted.
4. INTERGOVERNMENTAL AGREEMENT – consider adoption of a Resolution
approving Intergovernmental Agreement No. 324000181 with the Arizona Department
of Revenue for Administration, Collection, Audit, and Licensing of Transaction Privilege
Taxes, Use Taxes, Severance Taxes, Jet Fuel Excise and Use Taxes and Rental
Occupancy Taxes Imposed by the State, Cities or Towns, and authorize the Mayor to
execute the required documents.
This item was approved with the Consent Calendar vote. Resolution No. 4431 was
adopted.
5. AGREEMENT – consider approval of Cooperative Purchase Agreement No.
324000145 with Municipal Emergency Services, Inc./ Lawmen Supply Company (MES)
4
utilizing League or Oregon Cities Cooperative Purchasing Contract No. PS20120 in an
amount not to exceed $100,000 annually, for Fire Fighter Self Contained Breathing
Apparatus (SCBA) and associated parts, and authorize the Mayor to execute the
required documents.
This item was approved with the Consent Calendar vote.
6. AGREEMENT - consider approval of;
a) Legal Services Agreement No. 324000186 related to PFAS and PFOS damage and
existing and future PFAS and PFOS litigation with (i) Baron & Budd, P.C.; (ii) Cossich,
Sumich, Parsiola & Taylor LLC; and (iii) Law Office of Joseph C. Tann PLLC; and
b) Authorize the Town Attorney to initiate litigation against the defendants named in
the AFFF multi-district Litigation No. 2873 in the United States District Court for the
District of South Carolina (as identified below); and
c) Authorize the Town Manager and the Town Attorney to enter into a settlement
agreement on behalf of the Town with 3M Company, E. I. DuPont de Nemours and
Company, The Chemours Company, The Chemours Company FC, LLC, DuPont de
Nemours, Inc., Corteva, Inc. in the AFFF multi-district Litigation No. 2873 in the United
States District Court for the District of South Carolina and carry out the settlement
agreements in accordance with their terms and intent.
This item was approved with the Consent Calendar vote.
7. AGREEMENT – consider approval of:
a) Service Agreement No. 324000070 with Capitol Guard & Patrol in an amount not to
exceed $225,000 for the Armed Security Guard Services, and authorize the Mayor to
execute the required documents; and
5
b) a General Fund Contingency in the amount of $120,000 to cover the first year of
services.
This item was approved with the Consent Calendar vote.
8. AGREEMENT – consider approval of Cooperative Purchase Agreement No.
324000148 with Holmatro USA, utilizing League of Oregon Cities Cooperative
Purchasing Contract No. PS20035, in an amount not to exceed $136,365.73 for the
purchase of three sets of mechanical extrication equipment, and authorize the Mayor to
execute the required documents.
This item was approved with the Consent Calendar vote.
9. AGREEMENT – consider approval of Cooperative Purchase Agreement No.
324000168 and uniform expenditures with Curtis Blue Line utilizing NPPGov
Cooperative Purchasing Contract No. PS20275 in an amount not to exceed $200,000
for Police Department Uniforms and Equipment, from July 1, 2023, through May 26,
2024, with an option for the Town to renew for two (2) additional one (1) year terms,
and authorize the Mayor to execute the required documents.
This item was approved with the Consent Calendar vote.
10. AGREEMENT – consider approval of Cooperative Purchase Agreement No.
324000152 with Invoice Cloud, Inc. utilizing City of Chandler Cooperative Purchasing
Contract No. MS2-920-4380 in an amount not to exceed $273,000 for year one for
Invoice Cloud Merchant Servicing, and authorize the Mayor to execute the required
documents.
This item was approved with the Consent Calendar vote.
11. MEMORANDUM OF UNDERSTANDING – consider approval of Memorandum of
Understanding and Cost Reimbursement Agreement No. 324000178 with U.S
6
Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI)
Money Laundering Task Force to identify and seize illicit crime proceeds and target
financial networks, and authorize the Mayor to execute the required documents.
This item was approved with the Consent Calendar vote.
12. CONTRACT – consider approval of Purchase Order Contract No. 324000099 with
Aviat U.S., Inc., utilizing State of Arizona Contract No. CTR046809, in an amount not to
exceed $129,000 for expenditures of Public Safety Microwave Communications
equipment and services, and authorize the Mayor to execute the required documents.
This item was approved with the Consent Calendar vote.
13. CONTRACT – consider approval of expenditures under Contract No. 321000184
with DataBank IMX, LLC in an amount not to exceed $368,672.01 for a period of three
consecutive fiscal years for Hyland OnBase Enterprise Content Management (ECM)
system, and authorize the Mayor to execute the required documents.
This item was approved with the Consent Calendar vote.
14. CONTRACT – consider approval of:
a) Project Management/Construction Management (PM/CM) Services Contract No.
324000177 with Kennedy Jenks, Inc. in an amount not to exceed $40,000 for the Water
Main Repair, Project No. WA1653;
b) Job Order No. 30 to Job Order Contract (JOC) Contract No. 321000247 with Archer
Western Construction, LLC in and amount not to exceed $223,133.94 for Emergency
Repair at Gilbert Road and Warner Road, Project No. WA1653, and authorize the Mayor
to execute the required documents; and
7
c) Water Replacement Fund contingency in the amount of $290,000 to establish
WA1653 as a project.
This item was approved with the Consent Calendar vote.
15. CONTRACT– consider approval of:
a) Construction Manager at Risk (CM@R) Project Guaranteed Maximum Price (GMP)
No. 4 to Contract No. 322000400 with Sundt/PCL, a Joint Venture in an amount not to
exceed $160,344,938 for the North Water Treatment Plant (NWTP) Facility Upgrades
and Reconstruction, Project No. WA1589, and authorize the Mayor to execute the
required documents; and
b) CIP contingency, with 2022 WRMPC Bonds as the designated funding source, in the
amount of $115,000,000 for Project WA1589 – NWTP Facility Upgrades and
Reconstruction.
This item was approved with the Consent Calendar vote.
16. CONTRACT – consider approval of:
a) renewal of Contract No. 320000073 with Sonrisa Landscaping for landscape
maintenance services for Parkway Improvement District (PKID) PKID 07-01, PKID 07-
02, PKID 07-03, PKID 07-04, PKID 07-05, PKID 07-06, PKID 07-07, PKID 07-08, PKID
07-09 and PKID 07-11 for one (1) year;
b) renewal of Contract No. 320000338 with Sonrisa Landscaping for landscape
maintenance services for Parkway Improvement PKID 07-01, PKID 07-02, PKID 07-
03, PKID 07-04, PKID 07-05, PKID 07-06, PKID 07-07, PKID 07-08, PKID 07-09 and
PKID 07-11 for one (1) year; and
8
c) renewal and Amendment No. 1 of Contract No. 321000212 with Sonrisa Landscape
Management for Spring Meadows, Morning Ridge & Madera Parc landscape
maintenance services and to add Parkway Improvement District (PKID) 07-10 for one
(1) year, and authorize the Mayor to execute the required documents.
This item was approved with the Consent Calendar vote.
16A. CHANGE ORDER – consider approval of:
a) Amendment No. 5 to Contract Nos. 319000819 and 319000832 with Allied Waste
Transportation, Inc. increasing the contract amounts by $4,400,000 for a revised
contract total amount not to exceed $23,936,169.35 for Solid Waste Disposal and
Vegetative Waste Processing and authorize the Mayor to execute the required
documents;
b) Residential Solid Waste contingency in the amount of $640,000; and
c) Commercial Solid Waste contingency in the amount of $126,000.
This item was approved with the Consent Calendar vote.
16B. CONTRACT – consider approval of:
a) Amendment No. 5 to Contract No. 319000816 with Waste Management increasing
the contract amounts by $1,800,000 for a revised contract total amount of $11,177,115
for Solid Waste Disposal and Vegetative Waste Processing and authorize the Mayor to
execute the required documents;
b) Residential Solid Waste contingency in the amount of $92,000; and
c) Commercial Solid Waste contingency in the amount of $63,000.
9
This item was approved with the Consent Calendar vote.
17. CHANGE ORDER – consider approval of Change Order No. 3 to Contract No.
320000346 with Water Works Engineers increasing the contract amount by
$8,995,219.18 for North Water Treatment Plant (NWTP) Facility Upgrades and
Reconstruction, Project No. WA1589, and authorize the Mayor to execute the required
documents.
This item was approved with the Consent Calendar vote.
18. CHANGE ORDER – consider approval of Change Order No. 1 to Contract No.
323000143 with Insight Global, Inc. increasing the contract amount by $241,800 for
temporary placement staffing services, and authorize the Mayor to execute the required
documents.
This item was approved with the Consent Calendar vote.
19. BUDGET – consider approval of a CIP Contingency, with 2022 Water Resources
Municipal Property Corporation (WRMPC) Bonds (Water SDF) as the designated
funding source in the amount of $135,000.
This item was approved with the Consent Calendar vote.
20. FINAL PLAT DR20-177, DR22-94 and DR22-104 - consider approval of the final
plat for Quiktrip Store #1405, located at the northwest corner of Higley and Williams
Field Roads.
This item was approved with the Consent Calendar vote.
10
21. MINUTES – consider approval of the minutes of the Regular meeting of November
28, 2023; the Study Session of November 28, 2023; and the Special Meeting of
November 27, 2023.
This item was approved with the Consent Calendar vote.
PUBLIC HEARING
Mayor Peterson opened the public hearing for Items 23 and 25. Item 25 was pulled from
Policy to Public Hearing. No one wished to speak and Mayor Peterson closed the public
hearing.
A MOTION was made by Councilmember Torgeson, seconded by Councilmember
Anderson, to approve public hearing Items 23 and 25. Motion carried 7-0.
22. ZONING Z23-05 - conduct hearing and consider approval of the findings and
adoption of an Ordinance for Trax at Cooley Station to amend Ordinance Nos. 1900 &
2179 to amend the development plan and add new deviations to increase permitted
building heights and reduce building and landscape setbacks on Parcel 4 within the
Cooley Station-Residential, Office and Shopping Center Planned Area Development
(PAD) for approximately 25.12 acres of Multi-Family/Medium (MF/M) zoning district
generally located west of the southwest corner of Williams Field Road. and Verde Drive.
Mayor Peterson opened the public hearing for Item 22.
Senior Planner Newman provided a brief overview of the item stating the request was
for a Planned Area Development (PAD) amendment to amend the development plan
and add new deviations increasing permitted building heights and reducing building and
landscape setbacks. He said the request would reduce the amount of water used on
the site with the setback change requested. He discussed public participation stating
there was a virtual neighborhood meeting held and only one person, a reporter, was
11
present. He said the staff recommended approval of the finding of facts and adoption
of the ordinance proposed to the Council.
Councilmember Bongiovanni stated that one email complaint was received to the
Council asking them to not approve the item.
Councilmember Anderson asked if the only way they could use the vertical overlay was
through the PAD. Senior Planner Newman explained that the only way to allow that was
through a PAD to get the bonus maximum of up to 84 feet.
Councilmember Torgeson asked if there was other land that was approved for higher
heights in that area. Senior Planner Newman stated to the west there was one building,
The Potato Barn, and to the east there were requests for a 4-story hotel and some
commercial and retail buildings that would be up to 4-stories.
Councilmember Buchli asked if the site plan showed four-story buildings and they were
requesting to increase those to five stories, adding they wanted more open space but
what they were offering already offered more open space. Mayor Peterson stated she
believed the question was better suited for the applicant.
Reese Anderson, the applicant; provided an overview including a mention of the 20-year
plan for Cooley Station and a General Plan Map. He said there was no request to
increase the number of units allowed on the site. He said out of the original PAD the
number of units ranged from 352 to 829 and now they were expecting 568 units which
was not exceeding the number allowed in base zoning. He then provided a zoning map
for reference. To Councilmember Torgeson’s question, multi-family medium, base max
was 56 feet/4 stories the Gateway Business Center (GBC) district by right was allowed
to go to 90 feet/6 stories. The current project request was a rezoning of multi-family
medium to multi-family medium with a PAD overlay, this was a fulfillment of the 20-
year plan for Cooley station. He said the added building height would allow for better
orientation and grouping of the sites open space, excellent integration between buildings
and the public roads, would support transit center-oriented design with access to public
12
bus routes and the future transit center site. He also discussed how the project aligned
with Gilbert’s values.
Councilmember Buchli stated she thought the project worked well without increasing
the heights and that she was not in favor of the height increase with the same number
of units. Reese Anderson explained that without the increased height they would lose
the parking garage and some amenities in the common area.
Councilmember Bongiovanni asked what would they be losing for the residents if this
was not approved. Reese Anderson stated they would lose open space and amenities
like the pools and outdoor pickleball courts. What would happen was that space would
be needed for parking or a building. Councilmember Bongiovanni clarified that they were
asking for 5 stories and the residents would be gaining something in return and they
were not voting for more units than was already zoned for. Reese Anderson said he was
correct.
Vice Mayor Tilque stated that initially she had concerns and was opposed to their
request. But after viewing the conceptual drawing and seeing the changes in elevations
and the unique product that they were presenting she had changed her mind. She
especially liked the connectivity to the future commercial areas and the additional open
space and amenities being provided.
Councilmember Koprowski stated she felt the development was appropriate for Cooley
Station. She appreciated the mapping of the garage and the pedestrian connectivity
that has the potential for the population to support the businesses in the area. She said
she was in support of the project and appreciated the layout and amenities provided to
the residents.
Councilmember Bongiovanni stated that he appreciated the incorporation of the Town’s
values in the presentation.
13
Councilmember Torgeson stated he appreciated the explanation of the project and the
amenities and asked if this would affect any single-family homeowners at all. Reese
Anderson stated it would not affect them.
Councilmember Anderson asked staff to share the history on how high density had been
planned for Cooley Station. Senior Planner Newman stated the Cooley Station area
over the years had worked to capture a Neo-Traditional feel with walkable amenities as
a walkable urban area core. He spoke of how the project should embody a more
pedestrian-friendly environment and spoke of the original design inspiration. Mayor
Peterson stated it was also designed with Phoenix Mesa Gateway, Arizona State
University (ASU), and Chandler Community College in mind and the density would be
needed for that area where people can live, work, and play in that area; Mayor Peterson
noted the design was coming in at right in the middle of where it could be with the units
allowed in the zoning for the property.
Mayor Peterson closed the public hearing on Item 22.
A MOTION was made by Councilmember Koprowski, seconded by Councilmember
Anderson, to approve Item 22. Motion carried 6-1, with Councilmember Buchli casting
the dissenting vote. Ordinance No. 2886 was adopted.
23. ZONING Z23-10-A - conduct hearing and consider adoption of an Ordinance
amending the Town of Gilbert Land Development Code, Chapter I Zoning Regulations;
Section 3 Base Zoning Districts and Use Regulations, Subsection 3.4.4 Commercial
Development Regulations; Subsection 3.7.4 Employment Development Regulations;
Section 5 Additional Use and Site Regulations; Subsection 5.1.15 Marijuana Facilities;
and Section 6 Administrations; Subsection 6.7.2 Initiation of Amendments; and 6.73
Procedures, related to clarifying and technical changes, initiation of amendments, and
Marijuana Facilities.
This item was approved with the Public Hearing vote. Ordinance No. 2887 was adopted.
14
ADMINISTRATIVE ITEMS
24. COUNCIL ADMINISTRATION- Discussion on status update on Mayor Peterson's
participation in Arizona Open Meeting Law Training.
Vice Mayor Tilque thanked the Arizona League of Cities and Towns and stated the training
was completed on December 8, 2023 She noted the councilmembers who attended were
Mayor Peterson, Vice Mayor Tilque, Councilmember Torgeson, and Councilmember
Bongiovanni. She said she appreciated Nancy Davidson’s ability to share best practices
witnessed throughout the state to assist the Mayor and Council in managing meetings to
ensure all were heard and the business of the Town could be completed. Vice Mayor Tilque
stated with the completion of the training she would recommend the item be closed and no
further action needed. No action was needed on the item.
24A. COUNCIL ADMINISTRATION - review, discussion, and possible action of final report
and recommendation of a Code of Ethics complaint filed against Gilbert Town Council by Bill
Spence.
Councilmember Bongiovanni stated the investigator did a good job sorting through all the
information in the complaint. One good thing that the investigation did was to unite the
Council with the help of their mediator.
Vice Mayor Tilque stated the complaint morphed over time and the process for them to
address it was unusual due to all of Council being listed in the complaint. She said she
would recommend that the Council address each complaint for the record and take an action
or no action, and that Council had options on how to proceed.
Councilmember Torgeson stated he was used to coming from the perspective of a
businessman and not from a Councilmember perspective. He said he had an appreciation
of what people go through, whether it made sense or not, and for that he was grateful.
15
Councilmember Bongiovanni asked if it were appropriate for them to vote on it all, since they
were all a part of it. Town Attorney Payne discussed the different options that were available
to Council.
Mayor Peterson stated she was not satisfied with the investigation and she did not think that
Council would accept the findings of the complaint. She stated she wanted to hear feedback
as to how Council would like to proceed.
Councilmember Bongiovanni stated he was comfortable with whatever the Council decided.
Councilmember Buchli stated she was not comfortable taking action on the item.
Vice Mayor Tilque shared what action she was comfortable with taking regarding the
complaint and that the option to do nothing and take no action meant it would be dismissed.
She clarified that by saying nothing was that they were going to do nothing.
Mayor Peterson stated it had set a precedent when all seven were mentioned in the
complaint that none of them should be voting in her opinion.
The consensus of the Council was to take no action, which would allow the complaint to be
dismissed.
POLICY ITEMS
25. CODE OF GILBERT - conduct hearing and consider adoption of an Ordinance amending
the Code of Gilbert, Arizona, by amending 42-115 related to Fireworks.
This item was approved with the Public Hearing vote. It is a public hearing item but was
placed in the incorrect section of the agenda. Ordinance No. 2888 was adopted.
16
26. POLICY NO. 2024-01- consider approval of Council Policy No. 2024-01 regarding
purchases from members of Governing Body.
A MOTION was made by Vice Mayor Tilque, seconded by Councilmember Torgeson, to
approve Policy No. 2024-01. Motion carried 7-0.
FUTURE MEETINGS
Councilmember Anderson stated he would like to reconvene the Subcommittee on the Code
of Ethics after the new year.
COMMUNICATIONS
Report from the TOWN MANAGER.
Town Manager Banger congratulated the following four members of Gilbert Police
Department upon their retirement: Dispatcher Pamela Farm, Sergeant John Gillis,
Lieutenant Ken Davis, and Detective Ralph Cornejo. He thanked all the Town employees
for the great work they do and wished them a happy holiday.
Report from the COUNCIL.
Councilmember Bongiovanni thanked Robert Carmona and Rocky Brown for providing the
following updates: Riparian After Dark was hosting events nightly until December 19th from
5:30 pm – 9:30 pm. Gilbert Nerf Wars would be held on Wednesday, December 27th at the
Gilbert Regional Park from 4 pm – 6 -pm and was open to attendees between the ages of 7
– 14. Freestone Recreation Center was hosting a New Years Eve Carnival on Wednesday,
December 30th starting at 11 am. Join them for their inaugural Gilbert Aquatics Polar Plunge
on January 6th at the Williams Field pool from 2 pm – 4pm.
17
Councilmember Torgeson thanked the Chamber of Commerce for the tour of the Heritage
District with 65 attendees. He stated the Redevelopment Commission would be held on
Wednesday, December 20th and agenda topics would include Clements Garage, Heritage
Park, the Lumber Yard, and Bottled Blonde.
Councilmember Buchli stated, per the Department of Tourism the Small Business Saturday
Holiday shopping campaign launched in November supported the Gilbert small business
community and gave statistics of how their outreach went. She shared that the Tourism
Action Group met on December 6th and discussed the current tourism market and the Parks
and Recreation master plan.
Report from the MAYOR.
Mayor Peterson spoke about her visit to Washington D.C. and attended ceremonies for Pearl
Harbor Remembrance Day. She attended the Gilbert Fire Academy graduation and
congratulated all the recruits who completed the academy. She thanked the Gilbert Police
Officers that attend the Council meetings for everything they do in the community and wished
staff, and everyone a happy holiday.
ADJOURN
Mayor Peterson adjourned meeting at 8:01 p.m.
ATTEST:
___________________________ ___________________________________
Brigette Peterson, Mayor Chaveli Herrera, Town Clerk
18
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 12th day of December,
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
19
Agenda
Council Meeting Agenda
December 12, 2023
Brigette Peterson, Mayor ● Kathy Tilque, Vice Mayor
Scott Anderson ● Chuck Bongiovanni ● Bobbi Buchli ●Yung Koprowski ● Jim Torgeson
Members may attend in person or by telephone.
Regular Meeting
6:30 PM
Municipal Building I, Council Chambers
50 E. Civic Center Drive
Gilbert, Arizona
AGENDA ITEMS MAY BE DISCUSSED IN A DIFFERENT SEQUENCE.
ITEMS WILL NOT BE DISCUSSED PRIOR TO POSTED MEETING TIME.
Your Town Council is very appreciative of the honor to serve. In performing our roles and functions, we use iPads and/or
laptops at our meetings as well as monitors on the dais, which contain the materials of the agenda items before us this
evening. If you notice our eyes on these electronic devices, it is not due to lack of attentiveness to speakers, as we are
actively listening to all who are speaking and at the same time following along in our packets that the staff has prepared
for us this evening.
Upon a public majority vote of a quorum of the Town Council, the Town Council may hold an executive session for legal
advice on any item listed on this agenda pursuant to A.R.S. § 38-431.03(A)(3). This notice is given pursuant to A.R.S. §
38-431.02.
Meeting protocol
Items on agenda may be shortened, continued to a future public meeting, or taken out of order. Participants
will be allotted a limited amount of time to speak at public meetings (the exact amount of time will be
determined at the meeting by the Mayor depending on the number of participants, as permitted by Town
Code and State Law).
For more information on Council meetings including schedules, location, how to view the meeting online, or
public participation options, please visit the Town Council webpage HERE.
ADDENDUM
CONSENT CALENDAR
16A CONTRACT – consider approval of:
a) Amendment No. 5 to Contract Nos. 319000819 and 319000832 with Allied
Waste Transportation, Inc. increasing the contract amounts by $4,400,000 for a
revised contract total amount not to exceed $23,936,169.35 for Solid Waste
Disposal and Vegetative Waste Processing and authorize the Mayor to execute
the required documents;
b) Residential Solid Waste contingency in the amount of $640,000; and
c) Commercial Solid Waste contingency in the amount of $126,000.
16B CONTRACT – consider approval of:
a) Amendment No. 5 to Contract No. 319000816 with Waste Management
increasing the contract amounts by $1,800,000 for a revised contract total
amount of $11,177,115 for Solid Waste Disposal and Vegetative Waste
Processing and authorize the Mayor to execute the required documents;
b) Residential Solid Waste contingency in the amount of $92,000; and
c) Commercial Solid Waste contingency in the amount of $63,000.
ADMINISTRATIVE ITEMS
24A COUNCIL ADMINISTRATION - review, discussion, and possible action of final
report and recommendation of a Code of Ethics complaint filed against Gilbert
Town Council by Bill Spence.
AGENDA ITEM
CALL TO ORDER
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation may be offered by a person of any religion, faith, belief or non-belief, as
well as Councilmembers. A list of volunteers is maintained by the Town Clerk and
interested persons should contact the Clerk for further information.
Invocation by Reverend Brian Cain of Spirit of Joy Lutheran Church.
Pledge of Allegiance.
ROLL CALL
PRESENTATIONS; PROCLAMATIONS
1 PRESENTATION - Introducing Park University Women's Soccer Team of Gilbert.
COMMUNICATIONS FROM CITIZENS
At this time, members of the public may comment on matters within the jurisdiction of
the Town. Members of the Council may not discuss items that are not specifically
identified on the agenda. Therefore, pursuant to state law, action taken as a result of
public comment will be limited to directing staff to study the matter, responding to any
criticism, or scheduling the matter for further consideration.
CONSENT CALENDAR
All items listed below are considered consent calendar items and may be approved by
a single motion unless removed at the request of a member of the Council for further
discussion/action. Other items on the agenda may be added to the consent calendar
and approved under a single motion.
2 INTERGOVERNMENTAL AGREEMENT – consider adoption of a Resolution
approving Intergovernmental Agreement No. 324000175 with the City of Tempe
Police Department for cooperative law enforcement training operations, and
authorize the Mayor to execute the required documents.
3 INTERGOVERNMENTAL AGREEMENT – consider adoption of a Resolution
approving Intergovernmental Agreement No. 324000174 with Town of Payson
Police Department for Cooperative Law Enforcement Training Operations, and
authorize the Mayor to execute the required documents.
4 INTERGOVERNMENTAL AGREEMENT – consider adoption of a Resolution
approving Intergovernmental Agreement No. 324000181 with the Arizona
Department of Revenue for Administration, Collection, Audit, and Licensing of
Transaction Privilege Taxes, Use Taxes, Severance Taxes, Jet Fuel Excise and
Use Taxes and Rental Occupancy Taxes Imposed by the State, Cities or Towns,
and authorize the Mayor to execute the required documents.
5 AGREEMENT – consider approval of Cooperative Purchase Agreement No.
324000145 with Municipal Emergency Services, Inc./ Lawmen Supply Company
(MES) utilizing League or Oregon Cities Cooperative Purchasing Contract No.
PS20120 in an amount not to exceed $100,000 annually, for Fire Fighter Self
Contained Breathing Apparatus (SCBA) and associated parts, and authorize the
Mayor to execute the required documents.
6 AGREEMENT - consider approval of;
a) Legal Services Agreement No. 324000186 related to PFAS and PFOS damage
and existing and future PFAS and PFOS litigation with (i) Baron & Budd, P.C.; (ii)
Cossich, Sumich, Parsiola & Taylor LLC; and (iii) Law Office of Joseph C. Tann
PLLC; and
b) Authorize the Town Attorney to initiate litigation against the defendants
named in the AFFF multi-district Litigation No. 2873 in the United States District
Court for the District of South Carolina (as identified below); and
c) Authorize the Town Manager and the Town Attorney to enter into a settlement
agreement on behalf of the Town with 3M Company, E. I. DuPont de Nemours
and Company, The Chemours Company, The Chemours Company FC, LLC,
DuPont de Nemours, Inc., Corteva, Inc. in the AFFF multi-district Litigation No.
2873 in the United States District Court for the District of South Carolina, and
carry out the settlement agreements in accordance with their terms and intent.
7 AGREEMENT – consider approval of:
a) Service Agreement No. 324000070 with Capitol Guard & Patrol in an amount
not to exceed $225,000 for the Armed Security Guard Services, and authorize the
Mayor to execute the required documents; and
b) a General Fund Contingency in the amount of $120,000 to cover the first year
of services.
8 AGREEMENT – consider approval of Cooperative Purchase Agreement No.
324000148 with Holmatro USA, utilizing League of Oregon Cities Cooperative
Purchasing Contract No. PS20035, in an amount not to exceed $136,365.73 for
the purchase of three sets of mechanical extrication equipment, and authorize
the Mayor to execute the required documents.
9 AGREEMENT – consider approval of Cooperative Purchase Agreement No.
324000168 and uniform expenditures with Curtis Blue Line utilizing NPPGov
Cooperative Purchasing Contract No. PS20275 in an amount not to exceed
$200,000 for Police Department Uniforms and Equipment, from July 1, 2023,
through May 26, 2024, with an option for the Town to renew for two (2) additional
one (1) year terms, and authorize the Mayor to execute the required documents.
10 AGREEMENT – consider approval of Cooperative Purchase Agreement No.
324000152 with Invoice Cloud, Inc. utilizing City of Chandler Cooperative
Purchasing Contract No. MS2-920-4380 in an amount not to exceed $273,000
for year one for Invoice Cloud Merchant Servicing, and authorize the Mayor to
execute the required documents.
11 MEMORANDUM OF UNDERSTANDING – consider approval of Memorandum of
Understanding and Cost Reimbursement Agreement No. 324000178 with U.S
Immigration and Customs Enforcement (ICE) Homeland Security Investigations
(HSI) Money Laundering Task Force to identify and seize illicit crime proceeds
and target financial networks, and authorize the Mayor to execute the required
documents.
12 CONTRACT – consider approval of Purchase Order Contract No. 324000099 with
Aviat U.S., Inc., utilizing State of Arizona Contract No. CTR046809, in an amount
not to exceed $129,000 for expenditures of Public Safety Microwave
Communications equipment and services, and authorize the Mayor to execute
the required documents.
13 CONTRACT – consider approval of expenditures under Contract No. 321000184
with DataBank IMX, LLC in an amount not to exceed $368,672.01 for a period of
three consecutive fiscal years for Hyland OnBase Enterprise Content
Management (ECM) system, and authorize the Mayor to execute the required
documents.
14 CONTRACT – consider approval of:
a) Project Management/Construction Management (PM/CM) Services Contract
No. 324000177 with Kennedy Jenks, Inc. in an amount not to exceed $40,000 for
the Water Main Repair, Project No. WA1653;
b) Job Order No. 30 to Job Order Contract (JOC) Contract No. 321000247 with
Archer Western Construction, LLC in and amount not to exceed $223,133.94 for
Emergency Repair at Gilbert Road and Warner Road, Project No. WA1653, and
authorize the Mayor to execute the required documents; and
c) Water Replacement Fund contingency in the amount of $290,000 to establish
WA1653 as a project.
15 CONTRACT– consider approval of:
a) Construction Manager at Risk (CM@R) Project Guaranteed Maximum Price
(GMP) No. 4 to Contract No. 322000400 with Sundt/PCL, a Joint Venture in an
amount not to exceed $160,344,938 for the North Water Treatment Plant (NWTP)
Facility Upgrades and Reconstruction, Project No. WA1589, and authorize the
Mayor to execute the required documents; and
b) CIP contingency, with 2022 WRMPC Bonds as the designated funding source,
in the amount of $115,000,000 for Project WA1589 – NWTP Facility Upgrades
and Reconstruction.
16 CONTRACT – consider approval of:
a) renewal of Contract No. 320000073 with Sonrisa Landscaping for landscape
maintenance services for Parkway Improvement District (PKID) PKID 07-01,
PKID 07-02, PKID 07-03, PKID 07-04, PKID 07-05, PKID 07-06, PKID 07-07,
PKID 07-08, PKID 07-09 and PKID 07-11 for one (1) year;
b) renewal of Contract No. 320000338 with Sonrisa Landscaping for landscape
maintenance services for Parkway Improvement PKID 07-01, PKID 07-02, PKID
07-03, PKID 07-04, PKID 07-05, PKID 07-06, PKID 07-07, PKID 07-08, PKID 07-
09 and PKID 07-11 for one (1) year; and
c) renewal and Amendment No. 1 of Contract No. 321000212 with Sonrisa
Landscape Management for Spring Meadows, Morning Ridge & Madera Parc
landscape maintenance services and to add Parkway Improvement District
(PKID) 07-10 for one (1) year, and authorize the Mayor to execute the required
documents.
17 CHANGE ORDER – consider approval of Change Order No. 3 to Contract No.
320000346 with Water Works Engineers increasing the contract amount by
$8,995,219.18 for North Water Treatment Plant (NWTP) Facility Upgrades and
Reconstruction, Project No. WA1589, and authorize the Mayor to execute the
required documents.
18 CHANGE ORDER – consider approval of Change Order No. 1 to Contract No.
323000143 with Insight Global, Inc. increasing the contract amount by $241,800
for temporary placement staffing services, and authorize the Mayor to execute
the required documents.
19 BUDGET – consider approval of a CIP Contingency, with 2022 Water Resources
Municipal Property Corporation (WRMPC) Bonds (Water SDF) as the designated
funding source in the amount of $135,000.
20 FINAL PLAT DR20-177, DR22-94 and DR22-104 - consider approval of the final
plat for Quiktrip Store #1405, located at the northwest corner of Higley and
Williams Field Roads.
21 MINUTES – consider approval of the minutes of the Regular meeting of
November 28, 2023; the Study Session of November 28, 2023; and the Special
Meeting of November 27, 2023.
PUBLIC HEARING
Items will be heard at one Public Hearing; at which time anyone wishing to comment on
a Public Hearing Item may do so. Comments will be heard from those in support of or
in opposition to an item. Public Hearings are noticed for 6:30 p.m.
In order to comment on a Public Hearing Item, you must fill out a public comment form,
indicating the Item Number on which you wish to be heard. Once the Public Hearing on
an item is closed, there will be no further public comment unless approved by the Mayor
or consensus of the majority of the Council . Items on the Public Hearing agenda may
be acted upon in one motion unless there is a request for public comment for an item
or a member of the Council requests to hear an item separately.
22 ZONING Z23-05 - conduct hearing and consider approval of the findings and
adoption of an Ordinance for Trax at Cooley Station to amend Ordinance Nos.
1900 & 2179 to amend the development plan and add new deviations to increase
permitted building heights and reduce building and landscape setbacks on
Parcel 4 within the Cooley Station-Residential, Office and Shopping Center
Planned Area Development (PAD) for approximately 25.12 acres of Multi-
Family/Medium (MF/M) zoning district generally located west of the southwest
corner of Williams Field Road. and Verde Drive.
23 ZONING Z23-10-A - conduct hearing and consider adoption of an Ordinance
amending the Town of Gilbert Land Development Code, Chapter I Zoning
Regulations; Section 3 Base Zoning Districts and Use Regulations, Subsection
3.4.4 Commercial Development Regulations; Subsection 3.7.4 Employment
Development Regulations; Section 5 Additional Use and Site Regulations;
Subsection 5.1.15 Marijuana Facilities; and Section 6 Administrations;
Subsection 6.7.2 Initiation of Amendments; and 6.73 Procedures, related to
clarifying and technical changes, initiation of amendments, and Marijuana
Facilities.
ADMINISTRATIVE ITEMS
Administrative Items are for Council discussion and action.
24 COUNCIL ADMINISTRATION- Discussion on status update on Mayor Peterson's
participation in Arizona Open Meeting Law Training.
POLICY ITEMS
Policy Items are for Council discussion and action.
25 CODE OF GILBERT - conduct hearing and consider adoption of an Ordinance
amending the Code of Gilbert, Arizona, by amending 42-115 related to Fireworks.
26 POLICY NO. 2024-01- consider approval of Council Policy No. 2024-01 regarding
purchases from members of Governing Body.
FUTURE MEETINGS
The Council may discuss whether to place an item on a future agenda but may not
discuss the merits of the item.
COMMUNICATIONS
Report from the TOWN MANAGER.
Report from the COUNCIL.
Report from the MAYOR.
ADJOURN
NOTICE TO PARENTS: Parents and legal guardians have the right to consent before the Town of Gilbert makes a video or
voice recording of a minor child. A.R.S. 1-602.A.9. Gilbert Council Meetings are recorded and may be viewed on Gilbert Live
website. If you permit your child to participate in the Council Meeting, a recording will be made. If your child is seated in
the audience your child may be recorded, but you may request that your child be seated in a designated area to avoid
recording. Please submit your request to the Town Clerk.
Get email alerts for Gilbert
A daily email when new agendas and minutes are posted.