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Council Regular/Special Meeting

Special Meeting

Gilbert, AZ · March 5, 2024

AgendaMinutesPacket

Minutes

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF TUESDAY, MARCH 5, 2024 AT 6:30 PM, MUNICIPAL BUILDING I, COUNCIL CHAMBERS, 50 E. CIVIC CENTER DRIVE, GILBERT, ARIZONA COUNCIL PRESENT: Mayor Brigette Peterson, Vice Mayor Scott Anderson, Councilmembers Chuck Bongiovanni, Bobbi Buchli, Yung Koprowski, Kathy Tilque and Jim Torgeson COUNCIL ABSENT: None STAFF PRESENT: Town Manager Patrick Banger, Town Attorney Christopher Payne, Town Clerk Chaveli Herrera, Deputy Clerk Judy Martinez, Town Engineer Susanna Struble, Office of Management and Budget Director Kelly Pfost, and Development Services Director Kyle Mieras AGENDA ITEM CALL TO ORDER Mayor Peterson called the meeting to order at 6:31 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Christie Perkes, Women’s Ministry Leader of The Church of Jesus Christ Latter Day Saints, gave the invocation. Vice Mayor Anderson led the Pledge of Allegiance. ROLL CALL Town Clerk Herrera called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS 1. RECOGNITION- Recognition of "Light the World" charitable efforts in Gilbert. Mayor Peterson, along with Fran and Steve Lowder, recognized groups for their efforts with the Light the World Campaign in 2023. They thanked Miracle Movers for their efforts in moving the machines to their locations at no cost. Steve Lowder reported that the total donations were $1,579,120, with a Worldwide total of $10,400,000. They listed the following totals awarded to Gilbert’s partner charities: Manes and Miracles - $32,980, Chandler Care Center - $53,165, ASA Now - $88,475, Winged Hope - $96,730, Care for Life - $119,045, and The Society of Saint Vincent De Paul - $127,670. Ceremonial checks, ornaments, and gift boxes were given to those charitable partners. Mayor Peterson thanked Hale Theatre for having machines at their location. 1 2. RECOGNITION - Recognition of Cactus Yards for being awarded Outstanding Park of the Year for 5th year in a row. Eric Bell of United States Specialty Sports Association (USSSA) Baseball and Councilmember Bongiovanni recognized Dan Wilson and the Parks and Recreation Team for being awarded Outstanding Park of the Year for the 5th year in a row. Mr. Bell stated that members of the Parks and Recreation would also each receive a ring for the accomplishment. 2A. RECOGNITION - Recognition of the 2024 Gilbert Feeding Families Donation Sites. Mayor Peterson recognized and read the following names of those who participated in the Gilbert Feeding Families Food Drive in 2024: Bridge Church, Chandler East Stake, First United Methodist Church of Gilbert, Fountain of Life-Mission Kitchen, Gateway Stake, Greenfield Stake, Highland East, Highland West, Higley Stake, Redemption Church, Seville Stake, Spirit of Joy Lutheran Church/Desert Cross Lutheran Church, Saint Anne Roman Catholic Parish-Friends of the Needy, Stapley Stake, Val Vista Stake, Vineyard Community Church, Ashland Ranch Elementary, Burk Elementary, Bridges Elementary, Centennial Elementary, Chaparral Elementary, Cooley Middle School, Coronado Elementary, Cortina Elementary, Gateway Pointe Elementary, Higley High School, Higley Traditional Academy, Higley Unified School District Office, Lauren’s Institute of Education, Oak Tree Elementary, Power Ranch Elementary, San Tan Elementary, Williams Field High School, Cooley and Sossaman Preschool, Amy Jones Real Estate Group, Buono’s Pizza, Camelot Homes, Clothes Cabin, Cookie Co., Curves Gilbert, Decadent Macaron, Frost Tails, Gateway Bank, Gilbert Chamber, Heritage District South, Portillo’s, Picazzo’s, One Source Shipping and Printing, Spinato’s Gilbert, San Tan Ford, Thrive Counseling Services, Unison Bank, Town of Gilbert – Freestone Recreation Center, Town of Gilbert – Police Department, Town of Gilbert – Southeast Regional Library and Town of Gilbert – Town Hall. COMMUNICATIONS FROM CITIZENS Vice Mayor Anderson read a statement regarding the Communications from Citizens decorum and law. He addressed conduct during public meetings, stating that the discourse must remain respectful and constructive. He said misinformation and personal attacks would undermine collective efforts and did not contribute to the productive dialogue necessary for Gilbert’s progress. He expressed appreciation for everyone’s passion but said clapping was unacceptable, as it disrupted the flow of discussion. He said clapping could also be intimidating to others and cause them to give up their First Amendment right to speak; it would also detract from the respectful atmosphere. He asked everyone to commit to upholding respect, truth, and civility and thanked everyone for participating. Steve Lavalle, Gilbert resident, stated he felt the Council should give speakers grace regarding speaking time. He spoke of how Black Lives Matter started and said they were trained Marxists. He then discussed diversity, equity, and inclusion and provided definitions he found. He spoke 2 of the Gilbert People Team and Office of Digital Government, then discussed the 30 for 30 initiative with Police and Fire to increase the hiring of women and questioned Gilbert’s hiring practices. Stacy Lavalle, Gilbert resident, spoke of what she said were the “two most divisive” departments of the Town. She asked if the Office of Digital Government (ODG) and People Team were diverse themselves, and listed characteristics of the employees in those departments. She discussed an incident with flying a blue line flag and questioned if it was against policy, then discussed the Town’s fire department supporting other initiatives. Ann Doucette, Gilbert resident, discussed leadership and said the job of the Mayor was to play a pivotal role in the decision-making process and to represent the interest and welfare of the people they served. She said leadership required empathy, a showing of understanding, and willingness to listen. She said the Mayor had been consistently absent from many community events, despite being invited, and compared it to leadership in other communities. Lisa Alger, not a Gilbert resident, said the community was still in the midst of a teen violence crisis. She said she wished to commend those on the Council who were seeking solutions, then asked the Mayor to resign. She discussed indiscriminate bullying and said the reality was that there had been no real change in bullying in the community for many years. She discussed ideas to help teens and said the police needed to enforce the law and work with the community. Lesley Cain, Gilbert resident, said she wanted to invite the Council to an event called Rise on April 20, 2024; at the event children grades 4th through 8th would rotate through workshops on substance abuse, internet safety and social media impact, and coping and resiliency. She said the adults would also rotate through similar workshops. She asked the Council to give thoughtful consideration to reinstating the youth mental health committee called One Gilbert. She then discussed trauma and said it did not have to define us. Rod Suave, Gilbert resident, said he wished to address food insecurity in Gilbert and the nation. He advocated for a community garden, possibly at Freestone Park. He discussed pay scale for Mayor and Council and how the City of Tucson had a proposition to increase the salaries of Mayor and Council. He said he felt the Council earned a pay increase. Scott Myers, not a Gilbert resident, discussed Preston Lord and teens who were victims of violence. He said the fact that they called themselves The Gilbert Goons should be an alarm for the community. He said the calls should be coming from the Mayor, but she did not care and was not present for events in the community. He spoke in appreciation of Vice Mayor Anderson and Councilmembers Bongiovanni and Torgeson for their work on the Subcommittee. He said the Mayor should resign. 3 Dan Reynolds, Gilbert resident, said he was a resident and former Town employee. He said he was there on behalf of Josh Reynolds who could not be present due to an injunction. He discussed the blue line flag, which he said was put on a fire truck by Reynolds, who was written up for the act. He said there was no policy against the act, but he had been written up by former- Chief Jobusch. He then discussed a virtual meeting regarding the situation and the timeframe, stating that the action was not political. He said if people knew what the blue line flag was about, the Town would be better represented. Kristine Brennan, Gilbert resident, stated over the past 4 and a half months after the death of Preston Lord, they had seen the community come together, stating they wanted the community safe. She said a large number of the volunteers had organized and created Project Lily, a nonprofit organization with the goal of dismantling teen violence. She said they wanted to see leaders involved and working for that change. She thanked the members of the Subcommittee on Teen Violence, then criticized the Mayor for not attending events, asking her to resign. Angela Rogers, Gilbert resident, stated she was there as someone who believed in the potential and promise of the community. She said the Mayor had failed to meet their expectations and had led away from the path of prosperity. She said a change in leadership was necessary and urgent. She thanked Councilmember Bongiovanni, and asked the Mayor to resign. Jeff Manny, Gilbert resident, discussed being a grandfather and wondering what type of world his granddaughter would grow up in. He discussed the time he grew up in and said there was more civility and reverence during that time. He discussed the Office of Digital Government (ODG) and its director using the term “pitchfork people”, then noted the Gilbert Goons. He then gave suggestions for the ODG. Brian Burton, Gilbert resident, stated he was a father, business owner, and upstander. He said he was the voice for the voiceless, then spoke of Preston Lord and leadership of the community. He said leadership was demanding action and abiding by the principles of justice and inequality. He discussed a quest for truth and a demand for leadership change without waiting. Colter Landry, Gilbert resident, stated he became an upstander when he spoke up about abuse he experienced during school hours , then said a school board member had discredited his experience, stating it did not happen at that school. He said his voice mattered, regardless of people not protecting him and about people at his school’s “abuse of power”. He said he was still waiting to hear from the Police Department to contact him after the Subcommittee on Teen Violence on February 26, 2024. Bridget Vega, Gilbert resident, discussed the parking structures in the Heritage District and the negative actions that were done there by young adults and teens. She said Preston Lord’s death 4 was preventable and asked the Council to do their jobs or step down. She asked for a moment of silence. Councilmember Torgeson stated he would like to see some discussion on the community garden suggestion. He thanked the speaker who invited him to the Rise event. He said he often did not see invitations in his email inbox. He said people should not be judged for not attending events that they did not know about, adding he was not trying to discredit anyone’s feelings. Mayor Peterson stated that she had been invited to two events. She said one event was during the holiday season and she was with her family; during the other time, she was at a town event and went home sick. CONSENT CALENDAR A MOTION was made by Vice Mayor Anderson, seconded by Councilmember Koprowski, to approve Consent Items 4, 5, 6, 7, 8, 9, 10, 10A, 13, and 14; and remove Items 3, 11, and 12 from the Consent Calendar. Motion carried 7-0. 3. CONTRACT – consider approval of Job Order No. 52 to Job Order Contract (JOC) Contract No. 319001049 with Talis Construction Corporation in an amount not to exceed $450,300 for Welcome Home Veteran's Park, Project No. MF2370, and authorize the Mayor to execute the required documents. Town Engineer Struble discussed the item at the request of Councilmember Buchli, who said she received phone calls on the item and topic. Town Engineer Struble stated they would be moving about 14,000 cubic yards of dirt to begin work on the proposed advocacy center and discussed efforts in reducing the initial proposed cost from the contractor. Councilmember Buchli asked if the group that had the proposed Veteran’s Park had responsibility for moving the dirt. Mayor Peterson stated the Town owned the land. Councilmember Bongiovanni asked if it was “special dirt” and why it could not be used. Town Engineer Struble replied that it was dirt that could not be used for that project. Mayor Peterson noted the amount changed from over $800,000 to $450,000 and thanked staff. Town Engineer Struble acknowledged Project Supervisor Jack Gierak for his efforts to bring the price down. Councilmember Tilque stated the project was near and dear to her heart, then spoke of the benefits of the advocacy center. A MOTION was made by Councilmember Tilque, seconded by Councilmember Bongiovanni, to approve Item 3. Motion carried 7-0. 4. CONTRACT– consider approval of the Guaranteed Maximum Price (GMP) No. 2 to the Construction Phase No. 2 Contract No. 323000390 with Felix Construction Company in an amount not to exceed $3,123,921.13 for the Site 20 Reservoir Construction, CIP Project No. WA1230, and authorize the Mayor to execute the required documents. 5 This item was approved with the Consent Calendar vote. 5. CONTRACT – consider approval of: a) Architectural/Engineering (A/E) Services Contract for Construction Manager at Risk (CM@R) Project Contract No. 324000005 with Black & Veatch Corporation in an amount not to exceed $1,883,506 for the Transmission Main Assessment Phase 3, Project No. WA1614; b) Pre-Construction Services Contract for Construction Manager at Risk (CM@R) Project Contract No. 324000006 with Achen-Gardner Construction, LLC in an amount not to exceed $458,143.79 for the Transmission Main Assessment Phase 3, Project No. WA1614; and c) Project Manager/Construction Management (PM/CM) Services Contract for Construction Manager at Risk (CM@R) Project Contract No. 324000007 with Stanley Consultants, Inc. in an amount not to exceed $646,010 for the Transmission Main Assessment Phase 3, Project No. WA1614, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 6. CONTRACT – consider approval of Task Order No. 51 to Job Order Contract (JOC) Contract No. 319001049 with Talis Construction in an amount not to exceed $512,849.22 for Slurry Seal services, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 7. CONTRACT – consider approval of: a) Cooperative Purchase Agreement No. 324000249 with Dave Bang Associates, Inc., utilizing 1Government Procurement Alliance Cooperative Purchasing Contract No. 23-07P-03 in an amount not to exceed $714,222.86 for Playground Equipment Replacement, Project No. PR1346, and authorize the Mayor to execute the required documents; and b) FY 2024 CIP contingency with General Replacement Funds as the designated funding source, in the amount of $49,222.86. This item was approved with the Consent Calendar vote. 8. CONTRACT– consider approval of the Guaranteed Maximum Price (GMP) No. 2 to Contract No. 324000004 with Willmeng Construction Inc. in an amount not to exceed $9,912,891 for the Water Tower Plaza Repairs & Upgrades, CIP Project No. PR1040, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 6 9. CONTRACT – consider approval of the renewal of Contract No. 320000285 with Environmental Systems Research Institute (ESRI) Inc. in an amount not to exceed $750,537 for enterprise licensing of Geographic Information System (GIS) software, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 10. CONTRACT – consider approval of Professional Services Agreement Contract No. 324000203 with Solari, Inc. (Solari), in an amount not to exceed $75,000 for the mental health calls diversion and co-location program, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 10A. CHANGE ORDER – consider approval of Change Order No. 2 to Contract No. 323000143 with Insight Global, Inc. increasing the contract amount by $133,360 for staffing resources, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 11. GRANT – consider: a) application and acceptance of a grant, Contract No. 324000265, Subrecipient Agreement No. 230806-01, from 2023 Homeland Security Grant for $38,000 for the Chemical, Biological, Radiological, and Nuclear (CBRN) Response Team and Sustainment and Training; b) application and acceptance of a grant, Contract No. 324000266, Subrecipient Agreement No. 230806-02, from 2023 Homeland Security Grant for $60,000 for the Fire Department Terrorist Liaison Officer (TLO) Vehicle; c) application and acceptance of a grant, Contract No. 324000267, Subrecipient Agreement No. 230807-01, from 2023 Homeland Security Grant for $20,400 for the Gilbert Fire and Police Department Terrorist Liaison Officer (TLO) Sustainment; d) application and acceptance of a grant, Contract No. 324000268, Subrecipient Agreement No. 230807-02, from 2023 Homeland Security Grant for $40,950 for the Gilbert Police Department Night Vision Sustainment; e) application and acceptance of a grant, Contract No. 324000269, Subrecipient Agreement No. 230807-03, from 2020 Homeland Security Grant for $15,891 for the Gilbert Police Department Night Vision Sustainment Reallocation; and f) approval of a Grant Fund contingency in the amount of $175,241 upon acceptance of the 2023 Homeland Security Grant. 7 Councilmember Torgeson asked if there were any obligations tied to the grants. Police Chief Soelberg stated there were no matching contributions, and the funds were for Homeland Security from the State of Arizona given to Police and Fire; if funds were not expended, they would be returned to the State for redistribution. He said it was an annual grant received each year and there were no additional costs to the Town. Councilmember Torgeson asked if there were ongoing expenses with the grants; Chief Soelberg said they were one-time expenses. A MOTION was made by Councilmember Torgeson, seconded by Councilmember Buchli, to approve Items 11 and 12. Motion carried 7-0. 12. GRANT – consider: a) application and acceptance of a grant, Contract No.324000136, Subrecipient Agreement No. 210805-03, from 2021 Homeland Security Grant for $26,333 for the Trauma Bleeding Control Program Reallocation and authorize the Mayor or designee to execute the required documents and to carry out the terms of the agreement; and b) approval of a Grant Fund contingency in the amount of $26,333 upon acceptance of the 2021 Homeland Security Grant Reallocation. This item was approved with Item 11. 13. FINAL PLAT SP1889 - consider approval of the final plat for Civic Center located east of the intersection of Gilbert Road and Civic Center Drive. This item was approved with the Consent Calendar vote. 14. MINUTES – consider approval of the minutes of Regular Meeting of February 20, 2024, Study Session of February 20, 2024, and Special Meeting of February 20, 2024. This item was approved with the Consent Calendar vote. PUBLIC HEARING Mayor Peterson opened the public hearing for Items 15, 16, 17, 18, 19, 20, 21, and 22. No one wished to speak, and Mayor Peterson closed the public hearing. A MOTION was made by Councilmember Tilque, seconded by Councilmember Bongiovanni, to approve public hearing Items 15, 17, 18, 19, 20, 21, and 22, with a note to continue Item 16 to the April 2, 2024 Council meeting. Motion carried 7-0. 8 15. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Alcohol License for My Thai Bowl located at 1065 East Baseline Road, Unit 104. This item was approved with the Public Hearing Vote. 16. ZONING Z23-08 - conduct hearing and consider approval of the findings and adoption of Ordinance No. 2895 Heritage North amending the zoning classification of approximately 11.97 acres of real property located at southwest corner of Gilbert Road and Juniper Avenue. Request to continue to the April 2, 2024, public hearing by applicant. This item was continued to the April 2, 2024, public hearing. 17. PROPERTY ACQUISITION – conduct hearing and consider adoption of Resolution No. 4446 approving the acquisition of required easements for Parcel No. 304-12-060 for the Concrete Pipe Gravity Sewer Rehab, Project No. WW1060, for the negotiated amount of $27,645. This item was approved with the Public Hearing Vote. Resolution No. 4446 was adopted. 18. PROPERTY ACQUISITION – conduct hearing and consider adoption of Resolution No. 4447 approving the acquisition of real property an required easements for Parcel No. 304-28-944 for the Site 39 Well Development, CIP Project No. WA1612. This item was approved with the Public Hearing Vote. Resolution No. 4447 was adopted. 19. PROPERTY ACQUISITION – conduct hearing and consider adoption of Resolution No. 4448 approving the acquisition of right-of-way and required easements for Parcel No. 304-97-048C for the Concrete Pipe Gravity Sewer Rehab, Project No. WW1060 for the negotiated amount of $73,380 plus statutory interest. This item was approved with the Public Hearing Vote. Resolution No. 4448 was adopted. 20. PROPERTY ACQUISITION – conduct hearing and consider: a) adoption of Resolution No. 4449 approving the acquisition of right-of-way and required easements for Parcel No's. 304-72-015, 304-72-016A, 304-72-017, 304-72-018B, 304-72-018C, 304-75-006A, 304-75-007, 304-75-008A, 304-75-009 for the Val Vista Drive-Appleby to Riggs Road, Project No. ST1120 for the amount of $1,250,000; and b) CIP contingency with MAG Revolving as the designated funding source, in the amount of $1,250,000. This item was approved with the Public Hearing Vote. Resolution No. 4449 was adopted. 9 21. PROPERTY ACQUISITION – conduct hearing and consider adoption of Resolution No. 4450 approving the acquisition of right-of-way with United Pacific Railroad (UPRR) for the Phoenix Avenue Pedestrian Mall, Project No. RD1210, for the negotiated amount of $5,226,151.20. This item was approved with the Public Hearing Vote. Resolution No. 4450 was adopted. 22. CODE OF GILBERT - conduct hearing and consider adoption of Ordinance No. 2896 amending the Code of Gilbert, Arizona, by amending Chapter 10 Buildings and Construction Regulations, Article VI Public Works, Section 10-202 Adoption of Town of Gilbert's public works and engineering standards; supplement to MAG uniform standard details for public works construction; and supplement to MAG uniform standard specifications for public works construction; adopting by reference modifications to the public works and engineering standards, supplement to MAG uniform standard details for public works construction, and supplement to MAG uniform standard specifications for public works construction setting an effective date of April 4, 2024. This item was approved with the Public Hearing Vote. Ordinance No. 2896 was adopted. 23. FEES - conduct hearing on Updated System Development Fee Schedules for Traffic Signals, Roads, Police, Fire, Parks and Recreation, Water, Water Resources and Wastewater Pursuant to ARS 9-463.05. Mayor Peterson opened the public hearing for Item 23. Office of Management and Budget Director Pfost summarized the item stating System Development Fees (SDF) were growth related fees paid by new residents and businesses and discussed the timeline. She said if the fees were adopted by the Council, they would be effective July 1, 2024. She discussed the stakeholder outreach efforts and the notable changes since the meeting in January 2024. She provided an overview of the rates, then noted the increase was large but in proportion to the construction industry. She discussed the single-family home comparisons and grandfathering provisions. She went over the next steps and said consideration of adoption of the fees would be on April 16, 2024. Councilmember Torgeson asked for clarification on the timeline and process for people who were looking to build. Development Services Director Mieras discussed the statutes and said anything with final approval prior to the July 1, 2024, date would be grandfathered in. Councilmember Tilque asked for clarification on when fees were locked in for existing projects; Director Mieras stated the final approval of the project would grandfather in under the old fees 10 and not when the permits were pulled for the project. Councilmember Tilque stated she believed it was based on the application that was submitted. Director Mieras said it was not the application itself, it was the approval by the Planning Commission. Councilmember Tilque asked if that was per State statute or Town Code, to which Director Mieras responded it was both. Mayor Peterson asked how long a project would take to get to final site plan approval, Director Mieras said it varied, but was about a four-to-six-month process. Councilmember Torgeson asked if someone submitted a project next week, they would be subject to the new fees; Director Mieras said yes, unless they received approval prior to July 1, 2024. Councilmember Tilque asked about the minimum approvals to fall under the current fees; Director Mieras stated it would be the final site plan or final plat approved from the Planning Commission and said amendments would not count for grandfathering fees. Mayor Peterson stated any new projects would most likely not get through the process by July 1, 2024. Director Mieras stated they were in communication with several developers to see if there were possibilities and provisions of grandfathering in the current rates. Mayor Peterson expressed her understanding and said the reality of inflation and procurement made it difficult. Director Mieras stated site plan approval for residential was slightly different. Councilmember Bongiovanni asked if those who would not meet the approval date were aware. Director Mieras said there were conversations, and those impacted were aware of the time crunch. James Ashley stated he was a member of the Home Builders Association of Central Arizona. He said he found staff to be very accessible, transparent, and responsive. He said they still had some concerns regarding the proposal and cited State statute on the limitation of local government setting impact fees. He spoke of working with Brennan Ray and legal concerns on the proportion nexus. He said he had heard that growth paid for growth, but developers also paid for improvements to adjacent right-of-way and stoplights. He also said they had questions about water and wastewater assumptions and would speak to staff about them. He said Gilbert had a strong tradition of single-family homes and their members wanted to continue to build in the Town. He said the proposal would increase home prices and worsen affordability. He said the Town had the highest impact fees of any jurisdiction in the valley and explained how it impacted existing residents. He said he hoped to reach a proposal that worked for the Town and its members. Mayor Peterson closed the public hearing for Item 23. This item was a public hearing only; no action was taken. ADMINISTRATIVE ITEMS 24. COUNCIL ADMINISTRATION- Discussion and possible action related to a status update from the Council Subcommittee on Teen Violence. Vice Mayor Anderson stated the last Subcommittee meeting was productive and they had heard some great actionable items. He said they had planned to have one more Subcommittee meeting and then provide recommendations to the Council, noting it would likely go to the Community 11 Engagement Task Force. Councilmembers Bongiovanni and Torgeson echoed those statements. Councilmember Torgeson stated the blame game did nothing; it was all about results. Mayor Peterson asked if there was a date yet for that Subcommittee meeting; Vice Mayor Anderson stated it would likely be either March 25th or 26, 2024. Councilmember Koprowski stated in the report she would like to see whose responsibility it would be and if there were any funds that needed to be allocated for it from the Town. Councilmember Tilque spoke of the initial discussion when the Subcommittee was created, noting only the three members would be able to attend the meetings and limitations for the other councilmembers. She discussed the timeline needed to change the current task force or create a new one. She discussed the process and timeline needed when applications were opened to the public for members. Mayor Peterson agreed, noting the timeline, and said if a new task force was formed it would take longer than four weeks. Councilmember Buchli stated the Town should ask the community if that was what they wanted, suggesting a survey. Mayor Peterson said the Council needed to decide what to do with the information gathered by the Subcommittee. Vice Mayor Anderson said there could be multiple outcomes from the Subcommittee based on suggestions and spoke of interest in expanding involvement with liaisons with school districts. POLICY ITEMS 25. POLICY NO. 2024-02 - consider approval of Council Policy No. 2024-02 regarding Policies of Responsible Financial Management, repealing Policy No. 2010-02. A MOTION was made by Councilmember Tilque, seconded by Councilmember Torgeson, to approve Policy No. 2024-02, repealing Policy No. 2010-02. Motion carried 7-0. FUTURE MEETINGS Mayor Peterson noted that she would like to add an item for the Council to consider rescheduling the July 31, 2024, Council meeting date to August 6, 2024. She said they had originally chosen the July date because the Primary Election was to be held on August 6, 2024, but since the Primary Election date changed, she would like to consider moving the Council meeting date back to August. COMMUNICATIONS Report from the TOWN MANAGER. There was no report. Report from the COUNCIL. 12 Councilmember Tilque said it was Read Across America and she went to Town Meadows Elementary and read to students. She said they were very interested in the work of the Council and the Water Tower. Councilmember Bongiovanni said the Smoke Shop Barbeque and Country Music Round-up would take place at Gilbert Regional Park on March 16, 2024. He said the Kapow Superhero Action Run would take place at Freestone Park on March 23, 2024. Councilmember Buchli spoke about the Small Wonders Map Community Scavenger Hunt and said it would be launched in the Heritage District in March 2024 to drive visitors and residents to merchants and community points through a fun interactive series. Councilmember Torgeson said the Town was seeking feedback on Northwest Gilbert Revitalization and Redevelopment efforts and said the video of the meeting held on February 28, 2024, was available online as well as comment forms. He said another meeting was scheduled on March 27, 2024, and encouraged everyone to check the community calendar on gilbertaz.gov for more information. He noted the next Subcommittee on Teen Violence meeting would be held on March 26, 2024, at the Southeast Regional Library. Report from the MAYOR. Mayor Peterson said she missed reading at Highland Park last week because she was sick. She mentioned the HD South Gala and said it was an amazing event. She spoke of the Commander and members of the USS Arizona visiting the Council Chambers for a Q&A and at Downtown Gilbert. She said the Town received AAA Ratings for their bonds and thanked the team for their work and support. She wished everyone a safe Saint Patrick’s Day. ADJOURN Mayor Peterson adjourned the meeting at 8:46 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 5th day of March 2024. I further certify that the meeting was duly called and held and that a quorum was present. 13 Dated this ____ day of ____________________2024. ___________________________________ Chaveli Herrera, Town Clerk 14

Agenda

Council Meeting Agenda March 5, 2024 Brigette Peterson, Mayor ● Scott Anderson, Vice Mayor Chuck Bongiovanni ● Bobbi Buchli ● Yung Koprowski ● Kathy Tilque ● 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 PRESENTATIONS: PROCLAMATIONS 2A RECOGNITION - Recognition of the 2024 Gilbert Feeding Families Donation Sites. CONSENT CALENDAR 10A CHANGE ORDER – consider approval of Change Order No. 2 to Contract No. 323000143 with Insight Global, Inc. increasing the contract amount by $133,360 for staffing resources, and authorize the Mayor to execute the required documents. 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 Christie Perkes, Women's Ministry Leader of The Church of Jesus Christ of Latter Day Saints. Pledge of Allegiance. ROLL CALL PRESENTATIONS; PROCLAMATIONS 1 RECOGNITION- Recognition of "Light the World" charitable efforts in Gilbert. 2 RECOGNITION - Recognition of Cactus Yards for being awarded Outstanding Park of the Year for 5th year in a row. 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 Council for further discussion/action. Other items on the agenda may be added to the consent calendar and approved under a single motion. 3 CONTRACT – consider approval of Job Order No. 52 to Job Order Contract (JOC) Contract No. 319001049 with Talis Construction Corporation in an amount not to exceed $450,300 for Welcome Home Veteran's Park, Project No. MF2370, and authorize the Mayor to execute the required documents. 4 CONTRACT– consider approval of the Guaranteed Maximum Price (GMP) No. 2 to the Construction Phase No. 2 Contract No. 323000390 with Felix Construction Company in an amount not to exceed $3,123,921.13 for the Site 20 Reservoir Construction, CIP Project No. WA1230, and authorize the Mayor to execute the required documents. 5 CONTRACT – consider approval of: a) Architectural/Engineering (A/E) Services Contract for Construction Manager at Risk (CM@R) Project Contract No. 324000005 with Black & Veatch Corporation in an amount not to exceed $1,883,506 for the Transmission Main Assessment Phase 3, Project No. WA1614; b) Pre-Construction Services Contract for Construction Manager at Risk (CM@R) Project Contract No. 324000006 with Achen-Gardner Construction, LLC in an amount not to exceed $458,143.79 for the Transmission Main Assessment Phase 3, Project No. WA1614; and c) Project Manager/Construction Management (PM/CM) Services Contract for Construction Manager at Risk (CM@R) Project Contract No. 324000007 with Stanley Consultants, Inc. in an amount not to exceed $646,010 for the Transmission Main Assessment Phase 3, Project No. WA1614, and authorize the Mayor to execute the required documents. 6 CONTRACT – consider approval of Task Order No. 51 to Job Order Contract (JOC) Contract No. 319001049 with Talis Construction in an amount not to exceed $512,849.22 for Slurry Seal services, and authorize the Mayor to execute the required documents. 7 CONTRACT – consider approval of: a) Cooperative Purchase Agreement No. 324000249 with Dave Bang Associates, Inc., utilizing 1Government Procurement Alliance Cooperative Purchasing Contract No. 23-07P-03 in an amount not to exceed $714,222.86 for Playground Equipment Replacement, Project No. PR1346, and authorize the Mayor to execute the required documents; and b) FY 2024 CIP contingency with General Replacement Funds as the designated funding source, in the amount of $49,222.86. 8 CONTRACT– consider approval of the Guaranteed Maximum Price (GMP) No. 2 to Contract No. 324000004 with Willmeng Construction Inc. in an amount not to exceed $9,912,891 for the Water Tower Plaza Repairs & Upgrades, CIP Project No. PR1040, and authorize the Mayor to execute the required documents. 9 CONTRACT – consider approval of the renewal of Contract No. 320000285 with Environmental Systems Research Institute (ESRI) Inc. in an amount not to exceed $750,537 for enterprise licensing of Geographic Information System (GIS) software, and authorize the Mayor to execute the required documents. 10 CONTRACT – consider approval of Professional Services Agreement Contract No. 324000203 with Solari, Inc. (Solari), in an amount not to exceed $75,000 for the mental health calls diversion and co-location program, and authorize the Mayor to execute the required documents. 11 GRANT – consider: a) application and acceptance of a grant, Contract No. 324000265, Subrecipient Agreement No. 230806-01, from 2023 Homeland Security Grant for $38,000 for the Chemical, Biological, Radiological, and Nuclear (CBRN) Response Team and Sustainment and Training; b) application and acceptance of a grant, Contract No. 324000266, Subrecipient Agreement No. 230806-02, from 2023 Homeland Security Grant for $60,000 for the Fire Department Terrorist Liaison Officer (TLO) Vehicle; c) application and acceptance of a grant, Contract No. 324000267, Subrecipient Agreement No. 230807-01, from 2023 Homeland Security Grant for $20,400 for the Gilbert Fire and Police Department Terrorist Liaison Officer (TLO) Sustainment; d) application and acceptance of a grant, Contract No. 324000268, Subrecipient Agreement No. 230807-02, from 2023 Homeland Security Grant for $40,950 for the Gilbert Police Department Night Vision Sustainment; e) application and acceptance of a grant, Contract No. 324000269, Subrecipient Agreement No. 230807-03, from 2020 Homeland Security Grant for $15,891 for the Gilbert Police Department Night Vision Sustainment Reallocation; and f) approval of a Grant Fund contingency in the amount of $175,241 upon acceptance of the 2023 Homeland Security Grant. 12 GRANT – consider: a) application and acceptance of a grant, Contract No.324000136, Subrecipient Agreement No. 210805-03, from 2021 Homeland Security Grant for $26,333 for the Trauma Bleeding Control Program Reallocation and authorize the Mayor or designee to execute the required documents and to carry out the terms of the agreement ; and b) approval of a Grant Fund contingency in the amount of $26,333 upon acceptance of the 2021 Homeland Security Grant Reallocation. 13 FINAL PLAT SP1889 - consider approval of the final plat for Civic Center located east of the intersection of Gilbert Road and Civic Center Drive. 14 MINUTES – consider approval of the minutes of Regular Meeting of February 20, 2024, Study Session of February 20, 2024, and Special Meeting of February 20, 2024. 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. 15 LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Alcohol License for My Thai Bowl located at 1065 East Baseline Road, Unit 104. 16 ZONING Z23-08 - conduct hearing and consider approval of the findings and adoption of Ordinance No. 2895 Heritage North amending the zoning classification of approximately 11.97 acres of real property located at southwest corner of Gilbert Road and Juniper Avenue. Request to continue to the April 2, 2024, public hearing by applicant. 17 PROPERTY ACQUISITION – conduct hearing and consider adoption of Resolution No. 4446 approving the acquisition of required easements for Parcel No. 304-12-060 for the Concrete Pipe Gravity Sewer Rehab, Project No. WW1060, for the negotiated amount of $27,645. 18 PROPERTY ACQUISITION – conduct hearing and consider adoption of Resolution No. 4447 approving the acquisition of real property an required easements for Parcel No. 304-28-944 for the Site 39 Well Development, CIP Project No. WA1612. 19 PROPERTY ACQUISITION – conduct hearing and consider adoption of Resolution No. 4448 approving the acquisition of right-of-way and required easements for Parcel No. 304-97-048C for the Concrete Pipe Gravity Sewer Rehab, Project No. WW1060 for the negotiated amount of $73,380 plus statutory interest. 20 PROPERTY ACQUISITION – conduct hearing and consider: a) adoption of Resolution No. 4449 approving the acquisition of right-of-way and required easements for Parcel No's. 304-72-015, 304-72-016A, 304-72- 017, 304-72-018B, 304-72-018C, 304-75-006A, 304-75-007, 304-75-008A, 304- 75-009 for the Val Vista Drive-Appleby to Riggs Road, Project No. ST1120 for the amount of $1,250,000; and b) CIP contingency with MAG Revolving as the designated funding source, in the amount of $1,250,000. 21 PROPERTY ACQUISITION – conduct hearing and consider adoption of Resolution No. 4450 approving the acquisition of right-of-way with United Pacific Railroad (UPRR) for the Phoenix Avenue Pedestrian Mall, Project No. RD1210, for the negotiated amount of $5,226,151.20. 22 CODE OF GILBERT - conduct hearing and consider adoption of Ordinance No. 2896 amending the Code of Gilbert, Arizona, by amending Chapter 10 Buildings and Construction Regulations, Article VI Public Works, Section 10-202 Adoption of Town of Gilbert's public works and engineering standards; supplement to MAG uniform standard details for public works construction; and supplement to MAG uniform standard specifications for public works construction; adopting by reference modifications to the public works and engineering standards, supplement to MAG uniform standard details for public works construction, and supplement to MAG uniform standard specifications for public works construction setting an effective date of April 4, 2024. 23 FEES - conduct hearing on Updated System Development Fee Schedules for Traffic Signals, Roads, Police, Fire, Parks and Recreation, Water, Water Resources and Wastewater Pursuant to ARS 9-463.05. ADMINISTRATIVE ITEMS Administrative Items are for Council discussion and action. 24 COUNCIL ADMINISTRATION- Discussion and possible action related to a status update from the Council Subcommittee on Teen Violence. POLICY ITEMS Policy Items are for Council discussion and action. 25 POLICY NO. 2024-02 - consider approval of Council Policy No. 2024-02 regarding Policies of Responsible Financial Management, repealing Policy No. 2010-02. 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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