Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF TUESDAY, JUNE 18, 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, Kathy Tilque and Jim Torgeson COUNCIL ABSENT: Councilmember Yung Koprowski STAFF PRESENT: Town Manager Patrick Banger, Town Clerk Chaveli Herrera, Town Attorney Christopher Payne, Assistant to the Town Manager Jennika Horta, Economic Development Director Dan Henderson, Redevelopment Program Manager Amanda Elliott, Redevelopment Project Manager Sydney Bethel Price, Development Services Director Kyle Mieras, Assistant Town Attorney Alena Jorquez, Code Inspections Supervisor Lorrie DeOrio, and CIP Manager Ryan Blair AGENDA ITEM CALL TO ORDER Mayor Peterson called the meeting to order at 6:37 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Next Steps Pastor Brett Humphrey of Sun Valley Community Church gave the invocation. Councilmember Bongiovanni led the Pledge of Allegiance. ROLL CALL Town Clerk Herrera called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS 1. PROCLAMATION - Proclamation declaring the Month of June 2024 as Gilbert Leadership Month. Mayor Peterson read a proclamation declaring June 2024 as Gilbert Leadership Month and presented the proclamation to Gilbert Leadership Board and Class 32 Janice Adams, Elizabeth Freer, Dan Henderson, Richard Morris, Erika O'Callaghan, Tony Rodarte, Dr. Jennifer Rozenhart, Jake Suggs and Richard Morris. PUBLIC HEARING Mayor Peterson opened the public hearing for Items 2, 3, 4, 5, and 8. No one wished to speak and Mayor Peterson closed the public hearing. A MOTION was made by Councilmember Buchli, seconded by Councilmember Bongiovanni, to approve public hearing Items 2, 3, 5, and 8, and to continue Item 4 to the August 6, 2024 Council meeting. Motion carried 6-0. 2. LIQUOR LICENSE – conduct hearing and consider approval of a Series 10 Beer and Wine Store Alcohol License for Sprouts Farmers Market located at 1668 North Higley Road. This item was approved with the Public Hearing Vote. 3. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Alcohol License for Bisbee Breakfast Club located at 3605 South Gilbert Road, Unit 103. This item was approved with the Public Hearing Vote. 4. ZONING Z24-02 - conduct hearing and consider adoption of Ordinance No. 2905 amending the Town of Gilbert Land Development Code, Chapter 1 Zoning Regulations, Division 5.0 Additional Use and Site Regulations, Section 5.3 Circulation, Parking and Loading, Section 5.3.3 General Provisions relating to the deletion of the existing provisions in this section and the addition of language referring to the Gilbert Municipal Code. This item was continued to the August 6, 2024 Regular Council Meeting, as part of the Public Hearing vote. 5. ZONING Z24-03 - conduct hearing and consider adoption of Ordinance No. 2906 amending the Town of Gilbert Land Development Code, Chapter 3 Subdivisions, Section 1.1 Subdivision Regulations; Subsection 1.1.4 Final Plat Overview, Subsection 1.1.5 Amendments to Previously Approved Plats; Section 1.2 Minor Land Division and Minor Subdivision; Section 1.2.4 Minor Subdivision Overview; and Subsection 1.2.5 Appeals related to administrative approvals of final plats. This item was approved with the Public Hearing vote. Ordinance No. 2906 was adopted. 6. PROPERTY ACQUISITION – conduct hearing and consider adoption of Resolution No. 4485 approving the acquisition of right-of-way and required easements for Parcel Nos. 302- 16-027B, 302-16-028A, and 302-16-028B for the Vaughn Ventilator, CIP Project No. RD2190. Mayor Peterson opened the public hearing on Item 6. No one wished to speak and Mayor Peterson closed the public hearing on Item 6. A MOTION was made by Councilmember Tilque, seconded by Councilmember Bongiovanni, to continue Item 6 to the August 6, 2024 Council meeting. Motion carried 6-0. This item was continued to the August 6, 2024 Regular Council Meeting. 7. FEES – consider adoption of Resolution No. 4486 implementing electric vehicle charging fees effective August 1, 2024. Mayor Peterson opened the Public Hearing for Item 7. Assistant to the Town Manager Horta said the Town had been looking at electric vehicle processing fees over the last few months. She said Walker Consultants conducted a study, and a study session on the findings was held on March 5, 2024. She gave a quick overview of the proposed fees, including the intent, alignment, and estimated revenue. She also discussed the cost of infrastructure, the break-even analysis, and the comparison with other cities and towns in the area. She said the Town was recommending they continue with the proposed rates of $0.25 kilowatt-hour (kWh) with the intent to recoup electricity cost only; the implementation would begin at Town Hall, and two additional locations as replacements were completed, and a pilot program that would provide the data required to continue evaluating pricing. She said the Town Hall location was ready to begin as the Hearne Way Parking Garage and Public Safety Training Facility (PSTF) would be replaced and ready by April 2025. She said should the Council approve, the fees would take effect on August 1, 2024, followed by a 1-year pilot program for data analysis for future decisions. Councilmember Torgeson expressed concerns about the proposed item, citing an annual cost of $40,000 for implementation and upkeep. He said his main issue was in the lack of incentive for individuals to install private charging stations. He said that considering the expense of home chargers, he questioned the benefit of making only $6,500 after electricity costs while losing $40,000. He emphasized the need for a break-even point. He said exploring ways to achieve recoupment was necessary. Assistant to the Town Manager Horta responded that charging stations was a practice the Town had employed, and they currently did not have the data. She said with the replacements, the Town would have the ability to gather that data and could look at the pricing structure with actual usage data from the locations. She said as of now, the Town had nothing to go off of other than the use in the surrounding areas. She said the pilot program and the three locations were needed in order to adjust the breakeven analysis. Councilmember Bongiovanni inquired about the number of electric vehicle (EV) charging stations in the Town and their capacity. Assistant to the Town Manager Horta mentioned that each station served two vehicles, and believed there were 21 stations but would confirm the exact amount. Councilmember Bongiovanni expressed concern about the four-year break-even period. Assistant to the Town Manager Horta clarified that while the estimate exists, it could change based on data received. Councilmember Bongiovanni asked about the lifespan of the charging stations, Assistant Horta stated it was approximately 10 years. Councilmember Bongiovanni also asked about potential private-public partnerships, to which Assistant to the Town Manager Horta would later provide further information. Councilmember Bongiovanni said he supported EV charging stations but raised concerns about subsidizing electric car owners. Councilmember Buchli asked if the number of electric vehicles in Gilbert was known. Assistant to the Town Manager Horta said she was not sure of the answer but said she would provide it when she found out. Councilmember Buchli expressed concern regarding the time it would take to break-even and asked if the Town considered increasing the cost of using the charging stations. Assistant to the Town Manager Horta said that the Town did consider charging more but that it would put the Town much higher than the market, which was three times higher than fueling a non-electric vehicle and talked about decrease in usage. She further clarified the comparison and calculation in electric versus nonelectric vehicles. Councilmember Tilque stated the Town currently did not charge to use (EV) charging stations and emphasized the importance of the pilot program and wanted to ensure that it provided the necessary data for the Town to break even within four years, if not sooner. She also wanted to highlight that the program would serve the public and the Town’s fleet. Councilmember Bongiovanni asked how much the Town had lost for not currently charging to use the EV charging stations. The meeting recessed at 7:15 p.m. and reconvened at 7:25 p.m. Mayor Peterson closed the Public Hearing for Item 7. A MOTION was made by Councilmember Tilque, seconded by Vice Mayor Anderson, to approve Item 7. Motion carried 4-2, with Councilmembers Bongiovanni and Torgeson casting the dissenting votes. Resolution No. 4486 was adopted. 8. BUDGET - conduct hearing and consider adoption of Ordinance No. 2907 relating to taxation levied upon property within 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 sufficient to raise the amount required for Parkway Improvement Districts for the period July 1, 2024 to June 30, 2025, and declaring an emergency. This item was approved with the Public Hearing vote. Ordinance No. 2907 was adopted. 9. REDEVELOPMENT AREA - consider adoption of a Resolution No. 4487, approving the Northwest Gilbert Redevelopment Area Boundary pursuant to the requirements of A.R.S. §36-1473, that a redevelopment area exists in the municipality and declaring the necessity of redevelopment, and authorize the Mayor to execute the required documents. Mayor Peterson opened the public hearing for Item 9. Economic Development Director Henderson said he appreciated the opportunity to present the findings of the Northwest Gilbert Redevelopment Area Boundary as required by Arizona statute. He said aging areas within a community would enhance character, authenticity, and pride of place. He said if left unchecked, they would have negative consequences, such as neglect, deteriorating business and residential neighborhoods, and aesthetically unattractive spaces. He expressed that after examining the Northwest part of Gilbert for over a decade, the Town had determined that a community-driven focus on that area was necessary for early intervention. He said in 2012, the Town began conducting business outreach and received feedback indicating that the Northwest was reaching maturity. He said staff had continued to monitor data trends, engage with the community, and interface with industry experts. He emphasized that now was the time to begin revitalization efforts through redevelopment, reinvestment, and revitalization. He stated adoption by the Town Council was the first step in establishing a redevelopment area. He added that once adopted, the Town would develop goals and strategies in a community-driven redevelopment plan. He encouraged the creation a vibrant place for Gilbert residents to live, work, develop, and play long into the future. He thanked community members, business partners, stakeholders, and everyone who had contributed feedback and ideas since 2012. He turned it over to Redevelopment Program Manager Elliott. Redevelopment Program Manager Elliott said that staff was recommending the approval of Northwest Gilbert Redevelopment Area Boundary (NWGRAB) pursuant to the requirements of A.R.S. §36-1473. She gave a high-level overview of the data that was collected and the need for environmental, economic, social, and physical conditions. She said the NWGRAB held 37% of jobs in the area. She said the Town wanted to ensure that the area remained a vibrant place to live, work, and play. She talked about data trends and outreach. She touched on some of the feedback that was given from the community and staff. She said that committees were formed to vet ideas and provide direction. She talked about the statute and where they were in the process. She said if the Council approved the item, the Town would go back to the public and start building goals and strategies. She stated that after all the data and feedback, the boundary was from Arizona Avenue on the east, Lindsey Road to the west, Baseline to the north, and Ray Road on the south, which was about 18% of the total land planning area of Gilbert. She said Mayor Peterson asked about homes facing Lindsey Road on the east side and said the homes were not included since they were part of a larger master plan. She noted that the Heritage District was not included because it was its own statutory redevelopment. She mentioned that Gilbert had identified six areas that apply to the findings of the redevelopment. She touched on each area and gave the reasons why they needed redevelopment. She discussed the economic analysis of retail/industrial vacancies. She went over some frequently asked questions and gave details. She talked about the positive outcomes and emphasized that the NWGRAB was its own unique area and was not to be thought of as the Heritage District area. She said that the NWGRAB could see up to a 50% increase in property value. She asked for the council's approval and opened up to any questions. Doralise Machado-Liddell, Gilbert resident, discussed being engaged because of where she lived and not knowing what changes would happen in the area. She discussed changes in design guidelines and said with eminent domain, she would hope there would be an amendment stating the Council would never take someone’s property for eminent domain. She said the most important thing was to realize was that it was about private property rights. Holly Chalcraf, Gilbert resident, said she understood the comprehensive master plan was underway and asked that McQueen Recreation Center be given a lot of consideration. She discussed how pickleball was huge to seniors and encouraged them to remember the “play part” in the northwest corridor. David Baker, Gilbert resident, thanked staff for their work on the northwest redevelopment area. He asked about the big picture with timeline and how they transition into execution and about establishing a big picture timeline on when things would be done. Mayor Peterson said if approved that evening, it would then go on to a timeline for moving forward. She also talked about why it had been in the works for over 10 years. Taayer Verschoor, Gilbert resident, said he was opposed to the item and that it would become a large homeowner’s association. He said the Town would pick winners and losers, then spoke of Bailey’s Brakes. He asked the Council to oppose the item. Bruce Wachlin, Gilbert resident, said he had not seen information on the effect of property taxes and new development of property and if it would be deferred or paid right away. Mayor Peterson stated that Gilbert did not have a primary property tax so it would not be affected. Councilmember Torgeson talked about Bailey’s Brakes, emphasizing that protection from eminent domain was put in place to support businesses like Bailey’s Brakes. He commended the company's efforts and stated that although they eventually chose to sell, it was not a result of eminent domain. He also mentioned that he kept a block from Bailey's Brakes' building in his office as a symbol of respect for the family. He also emphasized the hard work done by the Economic Development team. He also talked about wanting the very best for the community. He asked Development Services Director Henderson to explain how the Town does not use Government Property Lease Excise Tax (GPLET) as opposed to redevelopment. Economic Development Director Henderson said that at a high level, GPLET was a tool essentially used to finance the structure for development authorized by state statute. He said redevelopment and GPLET were essentially used synonymously, but they did some research to better understand what GPLET did and did not do in the redevelopment area. He said that to date, the Town of Gilbert did not use GPLET, nor did they plan to. Town Attorney Payne explained that the discussion about GPLET was due to a misunderstanding of how two different statutes related to the NWGRAB. He clarified that the area was indeed a redevelopment area, as stated in title 36. He stressed that it had never been brought before the Council. Additionally, he provided an example of how it could come before the Council in the future. Councilmember Tilque stated that she did not see the Council or any future Council considering GPLET. She appreciated the topic being brought up and wanted it on record that it was not anyone's intention to consider it. She expressed a desire to see more pickleball courts and connected parks. She asked for further discussion on eminent domain, emphasizing the importance of the timeline. Additionally, she requested more explanation on property tax. Redevelopment Program Manager Elliott said that if the item was approved, it would take approximately 6-12 months to develop a plan. She emphasized the importance of having the community involved in the process to ensure that the goals and tactics were in line. She stated that the plan would span over a 10-year period, and they were aiming to start working on it right away. Economic Development Director Henderson discussed the use of eminent domain and stated the establishment of a redevelopment boundary did not grant additional powers to the community, Mayor, Council, or staff to use eminent domain. He explained that although eminent domain was a power within municipal and government jurisdictions, recent changes in the law restrict its use for economic development purposes. When referencing the Bailey Brakes discussion, he noted that while it appeared to involve eminent domain, it was not granted through the redevelopment process. He then asked Town Attorney Payne to provide additional insight. Town Attorney Payne confirmed that, as suggested by Redevelopment Program Manager Elliott, there was no additional authority for eminent domain in a redevelopment area. He emphasized that, according to the Public Use statute, the use of eminent domain for economic development purposes was prohibited both inside and outside of the redevelopment area. He also added that there were no ties to property taxes. Mayor Peterson asked if the Council could pass something that would prevent any future Council from using eminent domain. Town Attorney Payne confirmed that subsequent Councils can reconsider decisions made by prior Councils. Councilmember Torgeson added that your property value would increase and that the maximum property tax that would be charged was 5%. Councilmember Bongiovanni expressed concern from the citizens regarding the potential large apartments being built in a redeveloped area. Economic Development Director Henderson stated that eminent domain could not be used for the purpose of economic development. Vice Mayor Anderson discussed the "City of the Future" initiative and emphasized the importance of the town focusing on the future. He expressed gratitude to the Economic Development team for their hard work and expressed anticipation for what comes next. Councilmember Buchli asked if the redevelopment area would be classified as "slum and blight." Development Services Director Henderson responded that they never refer to anything in Gilbert as "slum and blight," as mentioned in the presentation. He emphasized that they prioritize Gilbert's mission of anticipating, creating, and help people. Town Attorney Payne then provided the definition of "slum and blight" under the redevelopment statute for clarity. Councilmembers Torgeson and Buchli, along with Mayor Peterson, emphasized the importance of directly emailing them to communicate efficiently with the Council. Mayor Peterson closed the public hearing for Item 9. Councilmember Tilque expressed her gratitude to the team that worked on the project, as well as for their outreach efforts. She also thanked the residents who participated. She emphasized the importance of the project to her and described it as a community-led initiative. Councilmember Bongiovanni stated that only the boundary was approved at that point. Mayor Peterson discussed the "City of the Future" initiative and emphasized the importance of avoiding the mistakes made by previous cities. A MOTION was made by Councilmember Tilque, seconded by Councilmember Buchli, to approve Item 9. Motion carried 6-0. Resolution No. 4487 was adopted. The meeting recessed at 8:47 p.m. and reconvened at 9:00 p.m. 10. CODE OF GILBERT - conduct hearing and consider adoption of Ordinance No. 2908 amending the Code of Gilbert, Arizona, by amending Chapter 42 Offenses And Abatement Of Public Nuisances, By Amending Article VIII Abatement Of Public Nuisances, Section 42- 307 Abatement In Lieu Of Or In Addition To Civil Or Criminal Complaint And By Adopting A New Division 2 Titled “Community Preservation Ordinance" relating to establishing minimum standards for the maintenance of residential and nonresidential buildings, structures, and vacant and improved land within the town; establishing a purpose; setting forth definitions; establishing standards; adopting notification and disclosure requirements; establishing fines and penalties for violations; providing for enforcement; providing for the repeal of conflicting ordinances; providing for severability; establishing an effective date. Mayor Peterson opened the public hearing for Item 10. Doralise Machado-Liddell, Gilbert resident, asked if it would affect the HOAs and discussed concerns about the ability to look over from two-story homes into one story residences. Chris Lyndall, Gilbert resident, talked about concerns in the ability to have project cars in his backyard and addressed concerns with complaints and visibility of two story buildings and the conformance with section 42-321D and saw it as a violation of the Fourth Amendment. Development Services Director Mieras said the Town did not enforce CC&R (Covenants, Conditions, and Restrictions); the HOA would still enforce those. He said they had added language for the HOA to be the first line of defense if there were CC&R issues. He discussed someone looking down from two-story houses and it also being discretionary on Code Compliance. Mayor Peterson asked about cars and if someone could have a project car in their backyard; she spoke of a cumulative effect. Director Mieras stated that they could have a car in the backyard and talked about the difference between operable and inoperable. Assistant Town Attorney Jorquez stated the code did not prevent looking over from a two- story home, which could lead to complaints and said the Town also could not inspect a backyard without consent or warrant. Town Attorney Payne stated that 42-321D stated that all inspections must comply and the Town would have to comply with the Fourth Amendment for backyard inspections. Director Mieras discussed neatly stacked wood versus neatly stacked bricks or other objects and that it came down to the discretion of code enforcers. Mayor Peterson asked how Code Enforcement would actually enforce what was ok and what was not. Code Inspections Supervisor DeOrio said that when a complaint was received, it was done with the resident's consent or through a warrant. She said that if the residents allowed them to view the violation, they had a lot of discretion when it came to dealing with it. She added that in the case of inoperable vehicles, they would work with the resident to establish a reasonable timeframe for resolution. She also mentioned that offering extensions was part of their approach. Councilmember Tilque discussed residents' expressed concerns regarding complaints and stated that they had asked that staff bring them updates every three months to look for things that were not working. She also asked that when changes/amendments were made from a study session, they be highlighted in the council agenda packet to be easier to find. Mayor Peterson closed the public hearing for Item 10. Councilmember Torgeson acknowledged the need to address fire hazards depicted in certain photos. He expresses reservations about relying solely on subjective judgment, as stated by a Supreme Court justice in Potter v. Stewart. He suggested considering a sunset clause for review to prevent potential abuse while respecting property rights. Mayor Peterson explained that various Town staff groups, such as Police and Fire, exercise discretion. She said that approach, similar to complaint-based code enforcement, allows them to use their judgment. She acknowledged that it was new for Gilbert but emphasized its necessity. She also agreed that that staff give updates every three months. Vice Mayor Anderson stressed that Gilbert was a maturing community and required these tools. He was impressed with the approach taken by the code enforcement team in addressing complaints by aiming to assist property owners rather than confront them. He also supported the idea of updates every three months. A MOTION was made by Councilmember Tilque, seconded by Vice Mayor Anderson, to approve Item 10 revisions as presented including a report every three months for the first year. Motion carried 5-1, with Councilmember Torgeson casting the dissenting vote. Ordinance No. 2908 was adopted. 10A. AGREEMENT – consider adoption of Ordinance No. 2909 approving Judicial Services Employment Agreement No. 324000451 appointing Lauren Ramirez as a Judge in the Gilbert Municipal Court effective July 8, 2024, and authorize the Mayor to execute the required documents. Mayor Peterson opened the public hearing for Item 10A. No one wished to speak and Mayor Peterson closed the public hearing. Mayor Peterson praised Judge Ramirez as a valuable addition to our court system. She acknowledged the judges’ absence due to a conference and expressed gratitude to Judge Cutchen and others for advancing the matter. A MOTION was made by Mayor Peterson, seconded by Councilmember Bongiovanni, to approve Item 10A. Motion carried 6-0. Ordinance No. 2909 was adopted. 39. COUNCIL ADMINISTRATION - consider adoption of Resolution No. 4492 adjusting the compensation of the Mayor and Councilmembers; establishing an effective date for the adjustment; providing for automatic adjustments based on market condition, beginning of the next elected term in January of 2025. Councilmember Bongiovanni said that in light of true transparency and with Councilmember Koprowski out, he asked for item 39 to be continued to the August 6, 2024, council meeting. A MOTION was made by Councilmember Bongiovanni, seconded by Councilmember Torgeson, to move Item 39 to the August 6, 2024 Regular Council Meeting. Motion carried 5-1, with Mayor Peterson casting the dissenting vote. Mayor Peterson stated that she would still allow public comment on item 39 even though it was moved to the August 6, 2024, council meeting. Councilmember Torgeson emphasized transparency and suggested that the Council postpone public comments until the August 6, 2024, meeting, when the full Council would be present. Mayor Peterson asked Town Attorney Payne and Town Clerk Herrera for clarification regarding not allowing the public to make comments on a public hearing item. She said the public was there to speak on the item, and they should be allowed to do so. Town Attorney Payne said Council may choose to do so with a super-majority vote to not allow public comment. He talked about Councils authority to subvert the rules. Mayor Peterson asked Town Attorney Payne to clarify how many votes were needed to which Town Attorney Payne said five. Councilmember Bongiovanni and Councilmember Torgeson emphasized Councilmember Koprowski should be present to hear from the public and participate in the discussion. A MOTION was made by Councilmember Torgeson, seconded by Councilmember Bongiovanni, to delay public comment on item 39 and wait until the August 6, 2024, council meeting. Motion carried 5-1, with Mayor Peterson casting the dissenting vote. Mayor Peterson apologized to the public for removing the public comment for item 39 to the August 6, 2024, council meeting and expressed surprise at that decision. Councilmember Bongiovanni defended the decision, emphasizing transparency. Mayor Peterson clarified that she was the one who received emails from the public regarding public comments and wanted attendees that evening to know she was opposed the decision. CONSENT CALENDAR A MOTION was made by Vice Mayor Anderson, seconded by Councilmember Buchli, to approve Consent Items 11, 12, 12A, 13, 15, 16, 16A, 17, 16, 17, 18, 19, 20, 21, 22, 23, 25a, 25b, 25d, 25e, 26, 27, 28, 29, 30, 32, 33, 34, 35, and 36; remove Item 14, 24, and 25C from the Consent Calendar; and remove Consent Item 31 from the agenda. Item 31 was continued to the August 6, 2024, council meeting and placed on the Public hearing portion of the agenda. Motion carried 6-0. 11. INTERGOVERNMENTAL AGREEMENT – consider: a) adoption of Resolution No. 4488 approving Intergovernmental Agreement No. 324000436 with City of Phoenix-Phoenix Police Department/Arizona Internet Crimes Against Children (ICAC) Task Force for administering and operating the Internet Crimes Against Children (ICAC) Task Force, and authorize the Mayor to execute the required documents; and b) application and acceptance of the Internet Crimes Against Children sub-grants from the ICAC Task Force to utilize grant funds, in an amount not to exceed $10,000 annually for the duration of the agreement requiring Grant Fund contingency in the fiscal year which the expenditure is realized, for the reimbursement of training and equipment related to internet crimes against children. This item was approved with the Consent Calendar vote. 12. INTERGOVERNMENTAL AGREEMENT – consider adoption of Resolution No. 4489 approving Intergovernmental Agreement No. 324000456 with Gilbert County Island Fire District for Fire and Emergency Medical Services (EMS) protection, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 4489 was adopted. 12A. INTERGOVERNMENTAL AGREEMENT – consider adoption of Resolution No. 4493 approving the 4th Amendment to the Amended Intergovernmental Agreement No. 319000293 with the Town of Queen Creek for Municipal Court, Judicial Services and Prosecutorial Services, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 4493 was adopted. 13. AGREEMENT – consider approval of Cooperative Purchase Agreement No. 324000380 with Arizona PPE Recon, Inc., utilizing City of Tempe Cooperative Purchasing Contract No. T24-080-01 in an amount not to exceed $50,000 for Cleaning, Inspection and Repair of Personal Protective Equipment (PPE) for Fire Medical Rescue, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 14. AGREEMENT – consider approval of Services Agreement No. 324000340 with Airpark Signs & Graphics Inc., in an amount not to exceed $179,594.80 for the signage fabrication and installation services for Phase I of wayfinding signage for Gilbert's Downtown Heritage District, and authorize the Mayor to execute the required documents. Councilmember Torgeson expressed his support for the way finder and its potential benefits. However, he raised concerns about the amount of approval required, citing his expertise in the field. He thanked everyone involved but stated that he would be opposing this item. Councilmember Bongiovanni asked Councilmember Torgeson how long it would take to get another bid or examine the cost. Councilmember Torgeson said that it would be a staff question. He said that it was done with what they had and the best of their knowledge and said he did not want that to reflect on the staff. Redevelopment Project Manager Bethel Price said that it followed the traditional RFP process and took 2 months from when it was originally posted to come in front of the Council. She said it would go through the same process only a bit longer due to the Council's break in July to come up with another bid or examine the cost. Mayor Peterson said she was happy to finally see the wayfinding signs on the agenda. She understood Councilmember Torgeson's concern but did not want to delay this any longer. She thanked Councilmember Torgeson for being a subject matter expert and bringing the amount to the staff's attention and hoped to create a better process in the future. A MOTION was made by Mayor Peterson, seconded by Councilmember Tilque, to approve Item 14. Motion carried 5-1, with Councilmember Torgeson casting the dissenting vote. 15. AGREEMENT – consider approval of Amendment No. 1 to Agreement for Services No. 322000176 (formerly 319000154) with PFM Asset Management, LLC, with existing terms for another six months for extending investment services and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 16. AGREEMENT – consider approval of Donation Agreement No.324000438 with Positive Impact Alliance (PIA) for the donation of fifteen (15) hand-held Vagus nerve Stimulation units, and authorize the Mayor to execute the required documents. 16A AGREEMENT – consider approval of: a) Waiving formal purchase procedures per the Code of Gilbert, Chapter 2 Administration, Article IV Procurement, Division 2 Purchasing, Section 2-360 (15); and b) Agreement for Services Agreement No. 324000375 with Gilbert Chamber Foundation in an amount not to exceed $140,000 for the business resource center programming and management services, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 17. This item has been moved to Public Hearing section of the agenda as Item No. 10A. 18. AGREEMENT – consider adoption of Resolution No. 4490 approving: a) Opioid Settlement Agreement with Kroger Co. and its affiliates, and; b) all participation forms required for the settlements. This item was approved with the Consent Calendar vote. Resolution No. 4490 was adopted. 19. DEVELOPMENT AGREEMENT – consider: a) adoption of Resolution No. 4491 approving Development Reimbursement and Lien Agreement with Morrison Ranch Luxury Apartments II, LLC for Morrison Ranch II, Project No. DR22-102, and authorize the Mayor to execute the required documents; and b) approval of FY 2025 Roadway and Maintenance contingency in the amount of $186,628. This item was approved with the Consent Calendar vote. Resolution No. 4491 was adopted. 20. CHANGE ORDER – consider approval of Change Order No. 1 to Contract No. 323000334 with Wilson Engineers increasing the contract amount by $1,462,785 for Wells Development Program, CIP Project Nos. WA1610, WA1611, and WA1612, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 21. CONTRACT– consider approval of the Construction Phase No. 3 - Guaranteed Maximum Price (GMP) No. 3 to Contract No. 323000390 with Felix Construction Company in an amount not to exceed $7,428,675.38 for the Site 20 Reservoir Construction, Project No. WA1230, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 22. CONTRACT– consider approval of: a) Guaranteed Maximum Price (GMP) No. 1 to Construction Services Contract for Construction Manager at Risk (CM@R) Project Contract No. 324000401 with Sundt Construction, Inc., in an amount not to exceed $6,003,346.47 for the Regional Park Drive, CIP Project No. PR1342, and authorize the Mayor to execute the required documents; and b) a Water Fund contingency in the amount of $659,914. This item was approved with the Consent Calendar vote. 23. CONTRACT – consider approval of Architectural/Engineering (A/E) Services Contract for Construction Manager At Risk (CM@R) Project Contract No. 324000402 with Sustainability Engineering Group, LLC in an amount not to exceed $904,984 for the Cooper Road - Encinas Street to Baseline Road, CIP Project No. ST1800, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 24. CONTRACT– consider approval of: a) Construction Phase No. 2- Guaranteed Maximum Price (GMP) No. 2 to Contract No. 323000097 with Sundt Construction, Inc., in an amount not to exceed $111,939,875.93 for the Ocotillo Road Improvements, CIP 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 $7,439,880. Capital Improvement Projects (CIP) Manager Blair provided a brief overview of the project. He discussed the project's description, its necessity, and how it would enhance public safety and connectivity in the south of Gilbert. He also delved into the project's history and timeline, mentioning that the design was complete and ready to proceed to the construction phase. He outlined the project goals and highlighted some of them. He touched on the increased cost index and how it impacted the project. He discussed the cost-saving measures implemented in the bridge design, highlighting specific modifications. He also addressed durability and maintenance and outlined the refined scope of the bridge. He finished by telling the Council what the next steps were if the item was approved and the importance of the project. Councilmember Bongiovanni mentioned that he had received numerous public comments about the Town waiting two years to build, in relation to the decreasing prices. CIP Manager Blair said that they had met with several contractors who estimated that 7- 10% of the escalation costs would carry over into FY26. He clarified that they were unsure about the exact percentage but adding 7-10% to the current cost would significantly increase the total. He emphasized that they have another project in the works that would need this one to be finished for it to work. Mayor Peterson emphasized the importance of Gilbert Fire having access to the residents in the area. She mentioned a past incident that highlighted the need for this access. Additionally, she discussed the aesthetic of the bridge and how it would serve as a focal point in our community. Councilmember Tilque expressed gratitude to Manager Blair for his presentation and the entire staff for their hard work in bringing everything together. She thanked them for the cost savings and for their forward-looking approach. Councilmember Torgeson thanked Manager Blair for taking extra time to explain the larger scope of the project, which exceeded his previous understanding. Vice Mayor Anderson asked if the project would have any impact on any other CIP projects. Manager Blair said from the 2022 GO Bonds perspective all those funds had been allocated out to FY26-27. He said they did have to move two projects out to future years to be able to have the contingency fund that was requested. Vice Mayor Anderson asked what the two projects were. Manager Blair said he believed it was the Pecos Road Project and a Safety Grant. Councilmember Buchli thanked Manager Blair and his entire team for his presentation and all the work done. She said she was excited to see this finished. Councilmember Bongiovanni said he could not wait for this to be done and hoped that cost stayed were predicted. Mayor Peterson asked for clarification on a date, to which Manager Blair said they would confirm and get it corrected A MOTION was made by Councilmember Tilque, seconded by Councilmember Buchli, to approve Item 24. Motion carried 6-0. 25. CONTRACT – consider approval of: a) Construction Phase No. 2- Guaranteed Maximum Price (GMP) No. 2 to Contract No. 324000161 with Nesbitt Contracting Co., Inc. in an amount not to exceed $20,027,452.13 for the Mesquite Street, Lindsay Road to Val Vista Drive, CIP Project No. ST1620, and KA-LO Park Improvements Project No. ST2117; and b) Change Order No. 1 to Contract No. 322000212 with POINT Engineers increasing the contract amount by $88,149.90 for Mesquite St: Lindsay Rd to Val Vista Dr., CIP Project No. ST1620; and c) Change Order No. 1 to Contract No. 322000417 with POINT Engineers increasing the contract amount by $51,364.86 for Ka-Lo Park Improvements (29th Place), CIP Project No. ST2117; and authorize the Mayor to execute the required documents; and d) CIP contingency utilizing 2022 General Obligation Bonds as the designated funding source in the amount of $4,919,280 for FY 2025; and e) Water Replacement Fund contingency in the amount of $1,140,770 for FY 2025. Items 25a, 25b, 25d, and 25e was approved with the Consent Calendar vote. A MOTION was made by Councilmember Torgeson, seconded by Councilmember Bongiovanni, to approve Item 25c. Motion carried 6-0. 26. CONTRACT – consider approval of Architectural/Engineering (A/E) Services Contract for Design-Bid-Build (DBB) Project Contract No. 324000284 with J2 Engineering and Environmental Design LLC., in an amount not to exceed $372,091 for the Turf Removal, CIP Project No. PR1347, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 27. CHANGE ORDER– consider approval of the Change Order No. 1- Guaranteed Maximum Price (GMP) No. 2 to Contract No. 324000279 with Archer Western Construction, LLC in an amount not to exceed $7,972,395.07 for the Tankersley Water System Area 2, CIP Project No. WA1310, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 28. CHANGE ORDER – consider approval of Change Order No. 2 to Contract No. 319000578 with T2 Pest Services, increasing the contract amount by $29,500 for mosquito and midge fly pest control services, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 29. CHANGE ORDER – consider approval of Change Order No. 1 to Contract No. 324000214 with J2 Engineering and Environmental Design LLC., increasing the contract amount by $31,141 for Urban Lakes Renovation, CIP Project No. PR0570, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 30. CHANGE ORDER – consider approval of Change Order No. 2 to Contract No. 323000264 with Trane U.S. Inc., dba Trane, increasing the contract amount by $14,000 for Chiller Maintenance and Repair Services, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 31. CHANGE ORDER – consider approval of: a) Change Order No. 1 to Contract No. 324000070 with Capital Guard and Patrol increasing the contract amount by $160,000 for unarmed security guard services for two parking garages, and authorize the Mayor to execute the required documents; and b) a General Fund contingency in the amount of $160,000 for FY 2025 to cover the annual cost of the added unarmed services. Councilmember Bongiovanni requested that item 31 be moved to the public hearing section during the August 6, 2024, council meeting. He emphasized that many people would like to discuss this item, so he preferred it to be addressed in the public hearing section before the council’s vote. A MOTION was made by Councilmember Bongiovanni, seconded by Councilmember Buchli, to remove item 31 from the consent agenda to the public hearing section and continue the item to the August 6, 2024 council meeting. Motion carried 6-0. 32. BUDGET – consider approval of $650,000 FY 2024 CIP contingency, with Fleet revenue from internal service billings as the designated funding source, for external repairs and maintenance. This item was approved with the Consent Calendar vote. 33. FINAL PLAT S23-02 - consider approval of final plat for Emerald Acres Subdivision located north of the northwest corner of Galveston Road and Lindsay Road. This item was approved with the Consent Calendar vote. 34. BOARDS AND COMMISSIONS – consider appointment of Jennifer Yang to the Parks and Recreation Board with a partial term beginning June 18, 2024 and ending May 12, 2026. This item was approved with the Consent Calendar vote. 35. HUMAN RESOURCES - consider approval of Amendment to Employment Agreement No. 2018-1004-0102 with Town Attorney Christopher Payne with an effective date of June 24, 2024 and authorize the Mayor to execute the following documents. This item was approved with the Consent Calendar vote. 36. MINUTES – consider approval of the minutes of the Regular Meeting of May 21, 2024; Study Session of May 21, 2024; Regular Meeting of June 4, 2024; and Special Meetings of June 3, 2024 and June 4, 2024. This item was approved with the Consent Calendar vote. ADMINISTRATIVE ITEMS 37. COUNCIL ADMINISTRATION – consider adoption of the Town of Gilbert Parks and Recreation Master Plan for the years of 2024-2034. Councilmember Torgeson asked if Vice Mayor Anderson’s concerns from a prior Study Session had been addressed; Vice Mayor Anderson said they had been. A MOTION was made by Councilmember Bongiovanni, seconded by Councilmember Buchli, to approve Item 37. Motion carried 6-0. 38. COUNCIL ADMINISTRATION- Discussion and update from the Community Engagement Task Force. Councilmember Tilque stated the Task Force met on June 10, 2024, to take care of formalities, including Open Meeting Law and a Predictive Index (PI) exercise. She said they were gathering topics for future meetings and then said the teen members were very engaging. She noted the next meeting would be on August 12, 2024, and discussed a change in two upcoming dates due to conflicts. They discussed arrangements made for the two members who were absent from the first meeting. COMMUNICATIONS FROM CITIZENS Vice Mayor Anderson read a statement regarding the protocol for this section. Doralise Machado-Liddell, Gilbert resident, spoke about Design Review (DR) 24-37, the Lumberyard Project. She said it did not meet fire code requirements, then questioned money given to the Town by the developer for traffic mitigation. She said the developer needed emergency secondary access and a possible easement, which would take it out to Phoenix Avenue and the Lacy Tract plot. She asked the Council to look into the matter as she believed it was a disservice to the public and taxpayers were not to supplement a developer. Vice Mayor Anderson asked staff to contact her regarding the matter. Kristan Landry, Gilbert resident, said she and her family were victims of domestic violence and had requested Americans with Disabilities Act (ADA) accommodations from the Town for the Council meeting but were denied. She said in 10 years, she had not been given ADA accommodations, then spoke of requests she previously made with the Police Department and Courts that were not provided. She spoke of her son being assaulted for three years at school and said no one advocated for him. She asked the Town to follow ADA law, respect disabilities, and meet with her regarding struggles and recommendations to assist people with disabilities more effectively. Ann Doucette, Gilbert resident, spoke of having her trash can inspected and wasted taxpayer money. She said she noticed a trend of meetings getting longer and the quality of discussion deteriorating with a Council struggling for communication and discussions done in a convoluted manner. She said pride and ego were most troubling, then said moving the Communications from Citizens portion to the end of the meeting felt like a tactic to discourage participation. She urged the Council to consider the needs and voices of residents at meetings. Charisia Arnold, Gilbert resident, had time donated to her from Jessica McGinley. She defended a comment she made at a prior meeting regarding officers standing a mile away from the parking garage at the Heritage District. She discussed paid and/or validated parking at the garages and provided suggestions, including limits to garage access. She spoke in support of suicide nets and said it was only a matter of time before there were more incidents there. She discussed social media posts of residents complaining about noise and other issues there, then spoke of the efforts of a citizen patrol. She discussed the Town’s response to the topic and said there was little respect for the police officers, then provided audio of a youth speaking as an example. She asked for transparency and accountability, an internal investigation, and to allow staff to speak freely again. Bridget Vega, Gilbert resident, had time donated by Scott Myers. She requested additional time be donated to herself and others but was told six minutes was the maximum allowed. She said it was refreshing to see the assistant chief admit to issues with underage drinking, illegal drug usage, and violent behavior at the Heritage District garages. She asked for repairs and improvements to be made to the parking garages, including repair to the elevator on Vaughn. She asked for officers to run identifications (IDs) and do citations at the garages, asked for an external investigation, and discussed transparency and proactive leadership. She played audio from a television show regarding Gilbert teen violence and another person speaking to an officer at a parking garage. Don Edwards, Gilbert resident, had time donated by Crystal Kuhlmey. He said he was forced to retire from the Fire Department after being retaliated against for filing a complaint against his supervisor. He discussed leadership, culture, and morale in the department, which he said was at an all-time low. He spoke of how policy could be used as an excuse and lack of leadership in chief officer positions. He asked the Council to speak to firefighters and said they deserved better. Steve Lavalle, Gilbert resident, had time donated by Stacy Lavalle. He spoke of a promotional process and peer evaluation done in the Fire Department for a captain. He said he believed peer evaluations for the hiring process of the chief were poor, and 80% of the staff asked that the Town went outside the department to hire. He spoke of a lack of leadership and said the public safety departments were a mess. He said the Mayor had a prewritten statement about concerns of potential damage of Gilbert; he asked if the Mayor was concerned about the violation of others’ rights. He spoke of the Pierce Coleman report that the Mayor said was a third-party evaluation that had no findings; he asked that the full report be posted and how many people from the Fire Department had been interviewed in that process. He said there were staff in the department on administrative leave, but they had chief approval, and no chiefs were on administrative leave. He said there was no transparency in the organization. Colter Landry, Gilbert resident, submitted a card but did not speak. Kristan Landry said another speaker addressed Colter’s concerns. Mayor Peterson read a statement regarding the use of the citizen comment section of the Council meetings and her concerns. Councilmember Torgeson said the Mayor’s statement did not reflect his point of view and that he brought forward concerns with the Pierce Coleman report and a video. He said he was not on the Council at that time, but some of the people who voted had not seen the video; he added he was personally offended by the video. FUTURE MEETINGS  Study Session related to “Meet and Confer” - requested by Vice Mayor Anderson, Councilmember Bongiovanni and Councilmember Buchli.  Councilmember Tilque asked to receive an update on the 2022 General Obligations (GO) bonds at a Council Retreat. COMMUNICATIONS Report from the TOWN MANAGER on current events. Town Manager Banger recognized the Water Conservation Team, who received a shout-out at the University of Colorado Boulder’s Conference. He congratulated Lieutenant (Lt.) Mondragon who announced his retirement and discussed Mondragon’s service to Gilbert, which began in 1996. Mayor Peterson congratulated Mt. Mondragon. Report from the COUNCIL on current events. Councilmember Buchli reported on Economic Development and Tourism stating Air France began service from Paris to Phoenix Sky Harbor International Airport, and Gilbert was featured at a recent Paris trade and media reception. She provided information to contact staff regarding tourism. Councilmember Bongiovanni provided an update from the Parks and Recreation Department including a Senior Prom for those 55 years and over and the July 4th Celebration with various entertainment. Report from the MAYOR on current events. Mayor Peterson announced the Heat Relief Network was accepting donations, then noted information could be found on the Town’s website, and discussed the lives lost due to heat. She discussed the For Our Town Teacher Drive for supplies for teachers, stating the information was on social media. She said the Mayor’s Youth Advisory Committee (MYAC) was accepting applications through June 30, 2024, and information could be found at gilbertaz.gov/myac. She announced that Phoenix-Mesa Gateway Airport had ended its relationship with the City of Phoenix and Sky Harbor International Airport. She discussed changes to the Phoenix-Mesa Gateway Airport Board, noting she would be serving as the Treasurer beginning July 1, 2024. Lastly, she said there would be no Council meeting in July. ADJOURN A MOTION was made by Councilmember Buchli to adjourn the meeting. Mayor Peterson adjourned the meeting at 10:57 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 18th day of June, 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