Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF TUESDAY MAY 7, 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 Clerk Chaveli Herrera, Deputy Clerk Judy Martinez, Town Attorney Christopher Payne, Office of Management and Budget Director Kelly Pfost, Senior Planner Kristen Devine, Town Engineer Susanna Struble, Assistant Parks and Recreation Director Rocky Brown, and Assistant Public Works Director Eric Braun AGENDA ITEM CALL TO ORDER Mayor Peterson called the meeting to order at 6:42 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Richard Nungesser of Bread of Life International gave the invocation. Councilmember Buchli led the Pledge of Allegiance. ROLL CALL Town Clerk Herrera called roll and declared a quorum present. 1 PRESENTATIONS; PROCLAMATIONS 1. PROCLAMATION - Proclamation declaring the week of May 6 - 10, 2024 as Economic Development Week. Councilmember Torgeson read a proclamation declaring May 6-10, 2024 as Economic Development Week, and presented the proclamation to Economic Development Director Dan Henderson and members of the Economic Development Team. 2. PROCLAMATION - Proclamation declaring the week of May 5-11, 2024 as Municipal Clerks Week. Mayor Peterson read a proclamation declaring May 5-11, 2024 as Municipal Clerks Week, and presented the proclamation to Town Clerk Chaveli Herrera and other members of the Clerk’s Office. 3. PROCLAMATION - Proclamation declaring May 19-25, 2024 as National Public Works Week. Councilmember Koprowski read a proclamation declaring May 19-25, 2024 as National Public Works Week, and presented the proclamation to Public Works Assistant Director Eric Braun and other members of the department. PUBLIC HEARING Mayor Peterson opened the public hearing for items 4, 5, 7, 8, 9, 10, and 11. No one wished to speak and Mayor Peterson closed the public hearing. A MOTION was made by Councilmember Tilque, seconded by Councilmember Buchli, to approve public hearing items 4, 5, 7, 8, 9, 10, and 11. Motion carried 7-0. 4. LIQUOR LICENSE – conduct hearing and consider approval of a Series 7 Beer and Wine Alcohol License for Western Skies Golf Club located at 1245 East Warner Road. 2 This item was approved with the Public Hearing Vote. 5. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Alcohol License for Mulligans at Western Skies Golf Club located at 1245 East Warner Rd. This item was approved with the Public Hearing Vote. 6. GENERAL PLAN GP22-16/ZONING Z22-16 - conduct hearing and consider: a) adoption of Resolution No. 4462 approving a Minor General Plan Amendment to change the land use classification of approx. 9.58 acres generally located northeast of Neely Street and Cullumber Avenue and the railroad from Industrial (I) to Residential > 25-50 DU/Acre; and b) approval of the findings and adoption of Ordinance No. 2900 for Lumberyard to rezone approximately 9.58 acres generally located northeast of Neely Street and Cullumber Avenue and the railroad from Town of Gilbert General Industrial (GI) zoning district to Multi Family High (MF/H) zoning district with a Planned Area Development overlay zoning district (PAD). Mayor Peterson opened the public hearing for item 6. Senior Planner Devine stated the request was for a rezoning and Minor General Plan Amendment for the Lumberyard Project and shared the site location. She said the request included a Minor General Plan Amendment from Industrial (I) to Residential 25-50 dwellings units (DU) per acre and rezoning from General Industrial (GI) to Multi-Family High (MF/H) with a Planned Area Development (PAD) for a reduction in open space. She discussed the size of the lot and compared the permitted uses for GI and MF/H zoning. She discussed the redevelopment plan stating it was a long-range planning area within the Heritage District Redevelopment Plan. She said it had gone through a variety of changes since proposed, with now being 285 units within three buildings, one three story building, and two 4 story buildings. She provided supplemental renderings stating it was not part of 3 the review. She discussed proposed deviations and said the Redevelopment and Planning Commissions both recommended the project. She provided feedback from the Study Sessions of both of those commissions. She discussed a meeting with Town staff, the applicant, and the Neely Ranch homeowner’s association (HOA) that was held on February 15, 2024. She summarized existing conditions of speed bumps along Aviary Way and noted that there was a continuance hearing held on March 6, 2024. She said the staff recommended approval of the item per the staff report. Councilmember Tilque discussed the additional stipulation and asked if it was coming forward from staff or the applicant; she asked Planner Devine to explain the stipulation. Planner Devine stated the added condition was one year after Certificate of Occupancy issued, the developer should conduct a three consecutive business day traffic count, and if the average exceeded 540 daily trips, the developer shall work with the Town for traffic mitigation efforts and noted the financial responsibility of the developer. Councilmember Bongiovanni asked about the zoning not having a height restriction and the chances of it coming back to the Council. Planner Devine replied it would depend on the modifications made to the site. Councilmember Koprowski stated regarding the new stipulation, she would suggest modification to three consecutive weekdays while school was in session. Vice Mayor Anderson asked about cannabis dispensary businesses being allowed in Industrial zoning. Planner Devine stated she would have to look that up. Adam Baugh spoke on behalf of the applicant and discussed the start of the project at its first proposal. He said General Industrial made sense at that time, but as Residential has encroached and the area became a hub, it was no longer the best use. He said the current proposal included 282 units proposed with four buildings positioned in the center and furthest east. He said the three story building was positioned adjacent to Neely Street and met the parking requirements of 441 spaces. He provided a comparison of the first and current proposal, then discussed the Neely Street Traffic Study. He discussed Aviary Way 4 traffic counts and said there were only 240 vehicles recorded during that 24-hour period, about 9% of its potential capacity. He said the stipulation went a long way and said it would address the issue if there was a potential concern in the future. Councilmember Buchli asked why Single-Family homes were not built there, because it went with the neighborhood. Baugh stated the first proposal had some Single-Family homes, town homes, and two different apartment projects, but with the acreage they had to work with, they had to pencil the cost and yield of the projects. Councilmember Buchli asked if the rooftop open space was in the plan or just talk. Baugh stated it was just talk and said there was some concern to provide some type of amenity. Councilmember Buchli discussed multi-million-dollar homes in the area and said they would not like to see that there, plus it was a very congested area already; she said adding the units would add to the issue and she was not in support of the item. Councilmember Bongiovanni asked if there were any concerns about apartments that would be facing to the south looking to the Industrial across the street and if they would be difficult to rent. Adam Baugh responded that there might be some type of rent offset to those units, but the developer would determine pricing adjustments for different units. Councilmember Bongiovanni asked if there were any thoughts on pricing; Adam Baugh responded that it would take two years to build and he did not know what rent would look like at that time, but it would most likely be around $250 per foot. Councilmember Tilque asked about a site plan, adding it was not right next door to the Residential. She said when she met with representatives of the HOA, it was her understanding that apartments were more palatable than a General Industrial project and the concern was more about traffic. She recalled they were pleased that the number of units was reduced. She spoke of making decisions based on data and not what may happen, adding she appreciated the applicant listening to the neighbors and making accommodations. 5 Mayor Peterson stated the project had been a long discussion about the land and water retention and she spoke of the pedestrian connection there. She discussed the trip count stipulation and said it was an amazing offer form the developer. Rachel Zerull, Gilbert resident, thanked the developer for giving updated information. She asked the Council to consider zoning of Multi-Family at a low density, versus high density, since it could change. She asked for details to be added to the new stipulation, with planning and analysis around it. She discussed traffic at Aviary Way and said it had been reduced because they had called the commercial companies and asked them not to use that street, but that was not possible with apartments. Michael Frantz, Gilbert resident, said he was opposed to the apartments and said a proposal was made that did not violate any space requirements to be a cul-de-sac. He said the top concern was the flow of traffic and asked the Council to work with Gilbert staff to close off either the east or west of Aviary and keep traffic on Neely, which was designed to handle it. Brian Hookom, Gilbert resident, asked how the planning of the development got that far. He asked the Council to vote no on the project, stating the intent was to allow full access along the railroad tracks. He said it would only leave one point of access for emergency vehicles. He asked the Council to reduce or change the proposed density or use. He said there were other places in Gilbert better suited for the high-density complex. Will Powell, Gilbert resident, said the Town needed to think a little outside the box. He said he heard a lot of numbers, then said Gilbert residents were not looking for high density properties and that low density led to a good community. He said he would like to look at the number of a typical family in Gilbert and discussed safety at the cost of development and progress. He asked for the area to not be rezoned. Keith Crandall, Gilbert resident, said the project was a bad idea. He said he owned the Industrial lot along Neely and Cullumber. He said Gilbert was in desperate need of Industrial land and to put apartments there made no sense and people needed places to 6 work here. He said it would be better to put in Industrial lots. He spoke of property values decreasing because of the apartment buildings. Greg Jones, Gilbert resident, spoke of his home being built in the Neely Ranch subdivision and said there were residents on both sides of Aviary Way. He spoke of traffic backing up on Cooper Road to get on Aviary Way. He noted traffic during rush hour and capacity for the Residential street. He spoke of a cul-de-sac that did not come to fruition and said he worried about the use of the park. Nick Thomas, Gilbert resident, said he moved to Gilbert almost nine years ago and lived on Aviary Way. He said the area had become louder and more crowded over the years as new businesses were added. He spoke of open spaces being eaten up by the Town with the development of businesses and apartments and said it had changed the small town feel of the area. He said the high-density apartments would be an eye sore and change the atmosphere of the neighborhood. He discussed the things he liked about the area and said the development would add the things they tried to get away from. He said the speed bumps did not deter drivers and asked the Council what it would take for the developers to comprehend their concerns about the traffic. He said it seemed that the Town Council was more concerned with making money than making the citizens happy. Carrie Lewis, Gilbert resident, discussed numerous accidents on Neely and Elliott. She asked how one road could handle all of that traffic and said she was disappointed that a railroad user could not be found to use that property. She spoke against apartments being built there and said there were incentives for bringing in businesses that were green and the zoning should remain Industrial. She said Aviary way could not have two-way traffic as it was because of parking on the street. Jaclyn Hurd, Gilbert resident, discussed living on Aviary Way and being close to where the apartments would be built. She discussed traffic and fears that her children would not be safe or comfortable playing near the street. She read a letter from a neighbor child speaking against apartments, stating she would not be able to play, build fires, or sleep because of honking. 7 Steven Hurd, Gilbert resident, asked for more details on what the stipulation meant. He said the traffic count was done at the end of Aviary and there was really no destination there. He said the traffic numbers generated were about one car per minute going by houses. Sally Breyer, Gilbert resident, spoke of why she chose to live in Gilbert and said the friendly atmosphere and good schooling was disappearing. She spoke against apartments and said more people added more crime. She said the quality of life would be reduced and spoke of the condition of the bridge, saying it was rusting. She discussed the minimum parking requirements and said it was not enough. She spoke of safety concerns with the added traffic. Adam Baugh addressed the density and zoning category on behalf of the applicant and said they were at the lowest end of what they could do. He said 62% of the units were studios or single bedrooms. He suggested adding a stipulation for the applicant to install “no right turn, local traffic only” signage on Neely Street. Vice Mayor Anderson asked about the second point of access. Adam Baugh explained a second point of access was needed for emergency purposes and said a stub street was designed to go north through future retention area to go along parallel to the train tracks. Councilmember Tilque said her questions were answered about the number of units and secondary exit. She asked for an explanation about the stipulation. She asked if the project was approved with the stipulation if it would be there going forward. Adam Baugh confirmed the commitment would exist. Mayor Peterson asked for an explanation on the 9% capacity. Adam Baugh explained the road type and volume and said it was a summary of the 24-hour period. Mayor Peterson said every street had a count of what was projected to be seen on that type of street. 8 Councilmember Koprowski asked what the improvements were of the development for Neely Street. Adam Baugh said there would be full half street improvements. Town Engineer Struble discussed the flexibility of accommodating the stipulations. Councilmember Koprowski asked if the Town had a process for residents to work with Town staff to evaluate the effectiveness of existing issues in the neighborhood. Town Engineer Struble said there had been an attempt to provide traffic calming and suggested doing traffic counts after the improvements. Councilmember Koprowski asked what the current improvements were at Cooper Road and Elliot Road. Town Engineer Struble discussed efforts of improvements and widening the intersection. Councilmember Koprowski said there were not many speed humps in Gilbert and asked about mobility and access to residents and emergency respondents. Town Engineer Struble agreed and spoke of the importance of access for emergency vehicles. Senior Planner Devine read the revised stipulation to the Council. Mayor Peterson discussed copper coating on the bridge in regard to the comment of rusting. Mayor Peterson closed the public hearing for item 6. Councilmember Bongiovanni said he wished at times he had the option to not vote and this was one of those times. Vice Mayor Anderson discussed how people who worked in Gilbert also needed a place to live and said Gilbert was still a Single-Family community, there was only about 12 percent Multi-Family housing in Gilbert. Mayor Peterson agreed that Gilbert was 89 percent Single-family and said legislation was trying to force Multi-Family. She discussed the income needed to afford an apartment in Gilbert and the efforts of balancing the community. 9 A MOTION was made by Councilmember Tilque, seconded by Councilmember Koprowski, to approve Item 6a. Motion carried 5-2, with Councilmembers Buchli and Torgeson casting the dissenting votes. Resolution No. 4462 was adopted. A MOTION was made by Councilmember Tilque, seconded by Councilmember Koprowski, to approve Item 6b, adding the stipulation as noted by Senior Planner Devine. Motion carried 5-2, with Councilmembers Buchli and Torgeson casting the dissenting votes. Ordinance No. 2900 was adopted. 7. PROPERTY ACQUISITION – conduct hearing and consider adoption of Resolution No. 4463 approving the acquisition of right-of-way and required easements for Parcel Nos. 304-29-008B, 304-39-961, 304-29-049E, 304-38-988, 304-38-991C, 304-29-025B, 304- 29-410F, 304-29-022G, 304-29-022E, 304-29-022H, 304-29-023A, 304-18-013D, 304- 28-002N for the Warner Road- Power Road to Recker Road Project, CIP Project No. ST1180. This item was approved with the Public Hearing vote. Resolution No. 4463 was adopted. 8. PROPERTY ACQUISITION – conduct hearing and consider adoption of Resolution No. 4464 approving the acquisition of required easements for Parcel Nos. 304-22-042, 304- 22-043, 304-22-038, 304-22-036, 304-22-035, 304-22-045, 304-22-046, 304-22-031, 304-22-030C for the 29th Place Improvements, CIP Project No. ST2117. This item was approved with the Public Hearing vote. Resolution No. 4464 was adopted. 9. PROPERTY ACQUISITION – conduct hearing and consider adoption of Resolution No. 4465 approving the acquisition of required easements for Parcel Nos. 313-10-984 and 304-23-992 for the Water Line Repair for, CIP Project No. WA1663. This item was approved with the Public Hearing vote. Resolution No. 4465 was adopted. 10. PROPERTY ACQUISITION – conduct hearing and consider: 10 a) adoption of Resolution No. 4466 approving the acquisition of right-of-way for Parcel No. 305-55-018K for the Lindsay Road - Pecos to State Route (SR) 202, Project No. ST1170 for the negotiated amount of $126,875 plus acquisition and closing costs; and b) CIP contingency with MAG Revolving as the designated funding source, in the amount of $126,900 for FY 2024 and FY 2025. This item was approved with the Public Hearing vote. Resolution No. 4466 was adopted. 11. BUDGET — conduct hearing and adopt the preliminary budgets on the Parkway Maintenance Improvement District Nos. 07-01, 07-02, 07-03, 07-04, 07-05, 07-06, 07-07, 07-08, 07-09, 07-10 and 07-11 for July 1, 2024 to June 30, 2025; and to establish June 18, 2024, as the date of the final public hearing and adopting a tax levy for the districts. This item was approved with the Public Hearing Vote. CONSENT CALENDAR Mayor Peterson recessed the meeting at 8:33 p.m. Councilmember Tilque left the meeting at 8:33 p.m. Mayor Peterson reconvened the meeting at 8:43 p.m. A MOTION was made by Vice Mayor Anderson, seconded by Councilmember Bongiovanni, to approve Consent Items 12, 13, 14, 15, 16, 18, 19, 20, 21, 23, 26, 27, 28, and 29; remove Items 17, 24, and 25 from the Consent Calendar; remove Consent Item 22 from the agenda; add Administrative Item 31 to the Consent calendar, appointing to the Parks and Recreation Board Holly Pritulsky, Florence Daniels, and Desa Rae Hoffman with terms beginning May 13, 2024 and ending May 12, 2027, and John Dale with a term beginning May 13, 2024 and a term ending May 12, 2028; and add Administrative Item 32 to the Consent Calendar, appointing to the Judicial Selection and Advisory Board Juan Marcos Romero as a non-State Bar member with a term beginning May 7, 2024 and ending 11 February 15, 2027; John Torbet, Benjamin Dranetz, and Christine Kyselka as non-State Bar members with terms beginning May 7, 2024 and ending February 15, 2026; Clint Dunaway and Stephanie Low Novotony as State-Bar members with terms beginning May 7, 2024 and ending February 15, 2027; John Tatz as the Municipal Court Magistrate from another city with a term beginning May 7, 2024 and ending February 15, 2027; Adam Walterson from Gilbert Municipal Court Administration with a term beginning May 7, 2024 and ending February 15, 2027; and Tameka Hartman as a Gilbert employment professional with a term beginning May 7, 2024 and ending February 15, 2027. Motion carried 6-0; Councilmember Tilque was absent for the vote. 12. INTERGOVERNMENTAL AGREEMENT – consider adoption of Resolution No. 4467 approving Exchange Implementation Agreement to implement an Intergovernmental Agreement No. 324000344 with Central Arizona Water Conservation District (CAWD), and the City of Tucson, for storage, recovery and exchange of Colorado River water, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 13. CONTRACT – consider approval of: a) Task Order No. 10 to Job Order Contract (JOC) Contract No. 321000249 with Haydon Building Corporation in an amount not to exceed $345,577.82 for Houston Ave Storm Drain Rehab - Gilbert to Palm, CIP Project No. SW0131; and b) Project Management/Construction Management (PM/CM) Services Contract for Job Order Contract (JOC) Project Contract No. 324000331 with Burgess & Niple, Inc. in an amount not to exceed $96,737.50 for the Houston Ave Storm Drain Rehab - Gilbert to Palm, CIP Project No. SW0131, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 12 14. CONTRACT – consider approval of Purchase Contract No. 324000300 with Kart-Man, LLC in an amount not to exceed $375,000 for the Solid Waste & Recycling - Residential Container Lids, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 15. CONTRACT – consider approval of Purchase Contract No. 324000255 with Hambicki Products in an amount not to exceed $450,000 for the Solid Waste & Recycling - Commercial Roll Off Containers, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 16. CONTRACT – consider approval of Amendment No. 2 to Contract No. 321000291 with Ecologics, LLC in an amount not to exceed $30,600 for Leak Detection Monitoring and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 17. CONTRACT – consider approval of Purchase Contract No. 324000281 with Taza Supplies, Inc in an amount not to exceed $140,220 for two portable Light Emitting Diode (LED) screens for movies, messages, and displays during special events, and authorize the Mayor to execute the required documents. Councilmember Torgeson asked for an explanation on the amount and value of the LED screens for Item No. 17. Assistant Parks and Recreation Director Brown said the request was to purchase and own two LED screens that would self-operate to be used at Gilbert Regional Park and downtown for special events to provide better view of the stage and adding the screens would attract more events. Councilmember Torgeson asked how big the screens were; Assistant Director Brown said they were 16x14 feet and came in two enclosed trailers. 13 A MOTION was made by Councilmember Torgeson, seconded by Councilmember Bongiovanni, to approve Item 17. Motion carried 6-0; Councilmember Tilque was absent for the vote. 18. CHANGE ORDER – consider approval of: a) Change Order No. 2 to Architectural and Engineering (A/E) Services Contract No. 321000066 with Kimley-Horn and Associates, Inc. increasing the contract amount by $677,358.06 for Ocotillo Road Improvements, Project No. ST0540, and authorize the Mayor to execute the required documents; and b) CIP contingency, with 2022 GO Bonds as the designated funding source in the amount of $677,400 for FY 2024 and FY 2025. This item was approved with the Consent Calendar vote. 19. CHANGE ORDER – consider approval of Change Order No. 3 to Contract No. 320000227 with Ferguson Enterprises, LLC increasing the contract amount by $300,000 for Fire Hydrants, Gate Valves, Water Meter Parts and Miscellaneous Parts, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 20. CHANGE ORDER – consider approval of Change Order No. 1 to Contract No. 324000008 with Core & Main, LP increasing the contract amount by $300,000 for Water Works Supplies, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 21. CHANGE ORDER – consider approval of Change Order No. 1 to Contract No. 323000135 with Play It Safe Playgrounds and Park Equipment, Inc. increasing the contract amount by $130,000 for rubberized flooring and playground improvements, and authorize the Mayor to execute the required documents. 14 This item was approved with the Consent Calendar vote. 22. CHANGE ORDER – consider approval of Change Order No. 3 to Contract No. 320000194 with Versaterm increasing the contract amount by $2,957,892.57 to consolidate all the services provided by Versaterm under one contract for services to the Police Department, and authorize the Mayor to execute the required documents. This item was removed from the agenda. 23. CHANGE ORDER – consider approval of Change Order No. 3 to Contract No. 323000143 with Insight Global, LLC increasing the contract amount by $38,000 for Utility Billing System Replacement, Project No. MF2310, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 24. BUDGET – consider approval of General Fund contingency in the amount of $2,317,210 for expenses related to personnel, vehicles and communications for the Gilbert Police Department for FY 2024 . Councilmember Torgeson asked what the requested funds were going to be used for and how it could be budgeted in the future to not go to contingency again. Police Chief Soelberg said the contingency requests of the previous years were in part due to the budget process. He said routinely the overtime budget had been exceeded and they had not increased the cap of the overtime. He provided a breakdown of the costs from the contingency request and stated personnel costs were the highest expense and the causes were staffing issues and vacancy shortages. He said there was a four percent vacancy rate of critical positions that needed to be backfilled. He said part of the contingency was to cover basic and advanced training, but said an adjustment was made to increase the training budget for Fiscal Year (FY) 2025. He discussed the process for monitoring overtime and the efforts for minimizing impacts on overtime. He said in addition there were increased costs for gas and utilities for vehicles. He discussed additional costs incurring 15 from the old systems not being turned off after the upgrade to a new network, which was due to an error. Mayor Peterson asked if other communities handled shortages with contingencies. Chief Soelberg said in his experience it was normal to have a contingency request, especially from public safety when a lot of factors that pushed the budget were out of their control. Councilmember Koprowski asked about the zero-based budget process and if contingency requests were a part of the reevaluation process for budgets. Management and Budget Director Pfost said the zero-based budget looked at contractual lines and departments had to put together a budget package and request additional funds for overtime; she said the budget was based off the most likely scenario. Councilmember Bongiovanni asked about the amount of the previous year’s contingency request. Chief Soelberg explained the $2.98 million contingency request from last year, adding they had seen trends and were in line with the pattern they had seen before. A MOTION was made by Councilmember Torgeson, seconded by Councilmember Buchli, to approve Item 24. Motion carried 6-0; Councilmember Tilque was absent for the vote. 25. GRANT – consider: a) adoption of Resolution No.4468 supporting the application and acceptance of the Energy Efficiency and Conservation Block Grant (EECBG), Contract No. 324000361 from the United States (U.S.) Department of Energy's State and Community Energy Programs for electric vehicle charging in the Heritage District or Town Hall in the amount of 266,640, and authorize the Mayor to execute the required documents; and b) approval of a Grant Fund contingency in the amount of $266,640. Councilmember Torgeson asked about grant money coming in. Assistant Public Works Director Braun said it was a federal grant from the Department of Energy for specific 16 energy efficiency programs for potential projects that could be funded. He said their proposal was to look at electric vehicle charging stations for the Heritage District 2 Garage or at Town Hall for the public. Councilmember Torgeson asked what the reporting requirements were for the grant. Assistant Director Braun said the grant was streamlined with the typical reporting requirements and the projects they were considering already had electric vehicle charging stations planned; he said using the grant would reduce the costs of those capital projects. Councilmember Torgeson said it would be replacing money that would have come out of a fund for Capital Improvement and asked if they would be getting locked into any federal campaigns. Assistant Director Braun said they would not. Mayor Peterson said federal grants should come with “no strings attached.” A MOTION was made by Councilmember Torgeson, seconded by Councilmember Bongiovanni, to approve Item 25. Motion carried 6-0; Councilmember Tilque was absent for the vote. Resolution No. 4468 was adopted. 26. STREETLIGHT IMPROVEMENT DISTRICT SL24-02- consider adoption of Resolution No. 4469 creating Streetlight Improvement District No. 24-02 for Contreras Farms and ordering the improvements. This item was approved with the Consent Calendar vote. Resolution No. 4469 was adopted. 27. ELECTIONS - consider adoption of Resolution No. 4470 proposing a permanent adjustment to the 1979-1980 base expenditure limitation of the Town of Gilbert to be submitted to the voters of the Town of Gilbert at the General Election of November 5, 2024. This item was approved with the Consent Calendar vote. Resolution No. 4470 was adopted. 28. ELECTIONS – consider approval of: a) a Notice of Intention to hold public hearings on a Capital Project Accumulation Fund option; 17 b) set the public hearing dates for May 21, 2024 and June 4, 2024; and c) a Notice of Intention to include the Capital Projects Accumulation Fund option on the November 5, 2024 General Election Ballot. This item was approved with the Consent Calendar vote. 29. MINUTES – consider approval of the minutes of the Regular Meeting of April 16, 2024, Study Session of April 16, 2024, and Special Meeting of April 15, 2024. This item was approved with the Consent Calendar vote. RECESS REGULAR MEETING AND CONVENE IN SPECIAL MEETING Mayor Peterson recessed the Regular Meeting and reconvened in Special Meeting at 9:01 p.m. 30. BUDGET — conduct hearing regarding the FY 2025 Property Tax Levy and direct staff; if necessary, to submit an Ordinance setting the secondary property tax levy for FY 2025 at $33,275,000 for adoption on June 4, 2024. Office of Management and Budget Director Pfost said the item was the same information discussed in the Study Session earlier that day. She said it was a public hearing for the property tax and the proposed levy was $33,275,000, adding it would maintain the same rate as last year of .98 cents per hundred dollars of assessed value. She said input could be received from the public and the Council, noting the item would be on the agenda for final adoption on June 4, 2024. Councilmember Torgeson asked about using contingency. Director Pfost explained that when the proposed levy was sent, they looked at the debt service principal and interest needed to be paid and said the County was in a lawsuit and needed to do refunds. She said they estimated the refund amount but later received information from the County that 18 the refund amount for Gilbert would not be enough to make principal and interest payments and they would need to use reserve funds to make the payments. Mayor Peterson said it was something out of their control and said there was a huge difference between the estimated amount and the amount from the County. No action was taken on this item; public hearing only. ADJOURN SPECIAL MEETING AND RECONVENE REGULAR MEETING Mayor Peterson reconvened the Regular meeting at 9:04 p.m. ADMINISTRATIVE ITEMS 31. BOARDS AND COMMISSIONS – consider appointment to the Parks and Recreation Board of: a) three (3) regular members with terms beginning May 13, 2024 and ending May 12, 2027; and b) one (1) regular member with a partial term beginning May 13, 2024 and ending May 12, 2025, and a full term beginning May 13, 2025 and ending May 12, 2028. This item was approved with the Consent calendar vote. Holly Pritulsky, Florence Daniels, and Desa Rae Hoffman were appointed with terms beginning May 13, 2024 and ending May 12, 2027; John Dale was appointed with a term beginning May 13, 2025 and ending May 12, 2028. 32. BOARDS AND COMMISSIONS – consider appointment to the Judicial Selection and Advisory Board of: a) two (2) resident, non-State Bar members with terms beginning May 7, 2024 and ending February 15, 2026; 19 b) one (1) resident, non-State Bar member with terms beginning May 7, 2024 and ending February 15, 2027; c) one (1) resident, State Bar of Arizona member with a term beginning May 7, 2024 and ending February 15, 2026; d) two (2) resident, State Bar of Arizona members with a term beginning May 7, 2024 and ending February 15, 2027; e) one (1) member from a Municipal Court Magistrate with a term beginning May 7, 2024 and ending February 15, 2027; f) one (1) member from the Gilbert Municipal Court Administration with a term beginning May 7, 2024 and ending February 15, 2027; and g) one (1) employment professional from the Town of Gilbert with a term beginning May 7, 2024 and ending February 15, 2027. This item was approved with the Consent calendar vote. Appointed to the Judicial Selection and Advisory Board were: Juan Marcos Romero as a non-State Bar member with a term beginning May 7, 2024 and ending February 15, 2027; John Torbet, Benjamin Dranetz, and Christine Kyselka as non-State Bar members with terms beginning May 7, 2024 and ending February 15, 2026; Clint Dunaway and Stephanie Low Novotony as State-Bar members with terms beginning May 7, 2024 and ending February 15, 2027; John Tatz as the Municipal Court Magistrate from another city with a term beginning May 7, 2024 and ending February 15, 2027; Adam Walterson from Gilbert Municipal Court Administration with a term beginning May 7, 2024 and ending February 15, 2027; and Tameka Hartman as a Gilbert employment professional with a term beginning May 7, 2024 and ending February 15, 2027. 20 Town Attorney Payne asked about appointing a liaison for the Judicial Selection and Advisory Board to which Mayor Peterson replied she would like to be the liaison for the board. 33. BOARDS AND COMMISSIONS - consider approval of the following amendments to the Community Engagement Task Force: a) add the focus area of Teen Violence and assign the tasks of reviewing existing resources and programs, discovering where there may be gaps and improvements, and present recommendations to the Gilbert Town Council in the areas of Resources, Education, and Promotion; b) set the membership to eleven (11) regular members total, to include no less than four (4) teens who attend schools within the Gilbert boundary and who are not seniors in the current 2023-2024 school year, with all members being residents of Gilbert; c) include two (2) adult alternates and one (1) teen alternate; and d) direct staff to seek additional non-voting representatives from Gilbert, Higley, and Chandler School Districts; American Leadership Academy; San Tan Charter School; Gilbert Christian School; the Mayor’s Youth Advisory Committee (MYAC); and a representative from the Gilbert Police Department as recommended by the Police Chief. A MOTION was made by Mayor Peterson, seconded by Councilmember Bongiovanni, to approve the amendments to the Community Engagement Task Force listed in the item with the change in part b to “up to four teens” instead of “at least four teens”. Motion carried 6-0; Councilmember Tilque was absent for the vote. COMMUNICATIONS FROM CITIZENS Kristan Howard, Gilbert resident, said building the apartments would cause traffic issues. She spoke about her home being destroyed due to a Town project and said she would be 21 filing a claim with the Town. She said she was disappointed and hoped to keep the quality of Gilbert. Charisia Arnold, Gilbert resident, said she had the opportunity to visit the parking garage and watch individuals there with a lookout person. She said there had been an increased police presence there and wanted to thank them. She said they had observed officers sitting at Whiskey Row having conversations and not working, which she said was the same night of a gun incident at The Porch. She noted the deficit coming up with budget and asked for a parking fee at the parking garage to be implemented. Scott Myers, Gilbert resident, asked Chief Soelberg to resign and said the department had done a bad job with the teen violence investigations. He said if arrests were made sooner, the thugs would have been scared to continue their beatings and Preston Lord would still be alive today. He invited Chief Soelberg to the citizen’s patrol at the downtown Gilbert garages. He spoke of reporting underage drinking and vaping in the garages and of observing Gilbert police officers standing around Whiskey Row. Mark Neuse, Gilbert resident, spoke about Tilson installing fiber optics. He said his driveway was destroyed in the process and would affect the value of their home. He spoke of pain and suffering it had caused and said he had reached out to several representatives from Tilson. He said in order to restore his driveway, they needed to demolish the existing driveway and replace it, and said Tilson and the Town of Gilbert were responsible for correcting the issue. Steve Lavalle, Gilbert resident, spoke of racism on college campuses across the nation and said Diversity Equity and Inclusion (DE&I) caused division and put people into tribes. He offered Town Manager Banger a public debate on the Pierce Coleman report on the Town’s hiring practices. He read parts of the report and said if there were goals to increase something then they were hiring based on diversity and gender. He discussed the Town expanding the applicant pool and said something had to be done. 22 Crystal Kuhlmey, Gilbert resident, donated her time to Don Edwards. Don Edwards, Gilbert resident, said he retired from the Fire Department after being retaliated against for filing a complaint against his supervisor. He said his supervisor was investigated for timecard fraud and allegedly lied during the investigation. He discussed an incident in 2021 and overtime, stating he was verbally attacked by the captain and his firefighter on duty, stating that firefighter was a part of an extreme right-wing group he called “The Three Percenters”. He discussed incidents that followed and said he was called “The Department Liberal”. He said there was a pattern and clique within the department and were certain sets of rules for some, but not others, then said he would continue to highlight unethical, if not illegal, conduct. Police Chief Soelberg thanked the Council and community for their efforts in addressing teen violence. He said representatives of Department of Public Safety (DPS), Chandler Police Department (PD), Mesa PD, Queen Creek PD, and Pinal County Sheriff’s Office convened in Gilbert for a joint press conference to announce the results of their collaborative investigation. He stated the Gilbert Goons were officially designated as a hybrid gang. He discussed gang charges and said now that the designation was made, County Attorneys had the ability to use that information in prosecution or sentencing in upcoming group teen violence cases. He said although the investigation into the Gilbert Goons, which qualified them as a gang, had concluded they remained unwavering in their commitment to investigating any acts of violence in Gilbert. He said they would continue efforts to partner with the Council and community on ways to better serve the youth. FUTURE MEETINGS No discussion. COMMUNICATIONS 23 Report from the TOWN MANAGER. Town Manager Banger said Gilbert was recognized as the 4th Healthiest Employer in the Phoenix Region in the larger employer category and thanked Erica Brown and the Wellness Team for their efforts. He congratulated Jeff Lee from the Water Resources Department as the 2024 Outstanding Sustainability Award Recipient presented by the Arizona Water Association. Report from the COUNCIL. Councilmember Torgeson spoke about the update of the Northwest Revitalization effort and said the Council provided direction to pursue the Lindsay boundary. He noted the boundary adoption was scheduled to go to the Council in June 2024 and more information could be found on the website at www.gilbertaz.gov/nwgilbert. He spoke of new artwork installations at the Ash Street Parking Garage and Hearne Way Parking Garage in the Heritage District. Councilmember Bongiovanni provided information on upcoming events from Parks and Recreation. He said the “Movie in the Park” event would take place on May 10, 2024 and the Major League Baseball Pitch Hit and Run Event would take place on May 16, 2024 at Cactus Yards. Councilmember Koprowski provided an update on the Gilbert Symphony Orchestra concert, noting the theme was the Olympics and over 200 people attended. She said the first annual Gilbert Community Bike Ride would take place on May 18, 2024. Report from the MAYOR. Mayor Peterson said she judged a competition at the Chamber of Commerce and a Gilbert student won the state competition and would advance to the national competition. ADJOURN 24 A MOTION was made by Councilmember Torgeson, seconded by Councilmember Buchli, to adjourn the meeting. Motion carried 6-0; Councilmember Tilque was absent for the vote. Mayor Peterson adjourned the meeting at 9:39 p.m. ATTEST: ___________________________ ___________________________________ Brigette Peterson, Mayor Chaveli Herrera, Town Clerk 25 CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the Town Council of the Town of Gilbert held on the 7th day of May, 2024. I further certify that the meeting was duly called and held and that a quorum was present. Dated this ____ day of ____________________2024. ___________________________________ Chaveli Herrera, Town Clerk 26