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Council Regular/Special Meeting

Special Meeting

Gilbert, AZ · December 12, 2023

AgendaMinutesPacket

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.

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