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Council Regular/Special Meeting

Special Meeting

Gilbert, AZ · August 20, 2024

AgendaMinutesPacket

Minutes

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF TUESDAY, AUGUST 20, 2024, AT 6:30 PM, MUNICIPAL BUILDING I, COUNCIL CHAMBERS 50 E. CIVIC CENTER DRIVE, GILBERT, ARIZONA COUNCIL Mayor Brigette PRESENT: Peterson, Mayor 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, Town Attorney Christopher Payne, Environmental Compliance Inspection Technician Aaron Fazel, Senior Transportation Planner Stephanie Bubenheim, Transportation Plan Manager Jason Hafner, Town Engineer Susanna Struble, ITS Operations Supervisor Flynn, Town Traffic Engineer Aaron Pinkerton, Assistant Town Manager Leah Rhineheimer, and Office of Management and Budget Director Kelly Pfost AGENDA ITEM CALL TO ORDER Mayor Peterson called the meeting to order at 6:32 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Thor Strandholt of Valor Christian Center gave the invocation. Councilmember Tilque led the Pledge of Allegiance. ROLL CALL 1 Town Clerk Herrera called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS 1. PRESENTATION - Presentation of The Green Gilbert Partnership Program's 2024 New Certifications. Councilmember Koprowski and Environmental Compliance Inspection Technician Fazel presented 2024 Certifications of the Green Gilbert Partnership Program to Char Miller with Southeast Reginal Library, Stephanie McMullen with McQueen Activity Center, Bryan Bouk with Freestone Recreation Center, and AZ Quality Services. Environmental Compliance Inspection Technician Fazel gave an overview of what they looked for and implemented to help businesses transition into a sustainable journey. PUBLIC HEARING Mayor Peterson opened the public hearing for items 2, 3, 4 and 5. No one wished to speak and Mayor Peterson closed the public hearing. A MOTION was made by Councilmember Torgeson, seconded by Councilmember Buchli, to approve public hearing items 2, 3, 4 and 5. Motion carried 7-0. 2. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Alcohol License for Origen located at 2472 South Recker Road, Unit 101. This item was approved with the Public Hearing Vote. 3. GENERAL PLAN GP24-01 - conduct hearing and consider adoption of Resolution No. 4503 approving a Minor General Plan amendment to revise the Gilbert General Plan to designate a Central Business District. 2 This item was approved with the Public Hearing vote. Resolution No. 4503 was adopted. 4. ZONING Z24-07 - conduct hearing and consider adoption of Ordinance No. 2912 amending the Town of Gilbert Land Development Code, Arizona, Chapter I Zoning Regulations, Section 2.0 Terms related to the addition of a definition for Central Business District. This item was approved with the Public Hearing vote. Ordinance No. 2912 was adopted. 5. ZONING Z24-06 - conduct hearing and consider adoption of Ordinance No. 2911 amending the Town of Gilbert Land Development Code, Arizona, Chapter I Zoning Regulations, Section 5.2 Site Regulations related to backyard fowl. This item was approved with the Public Hearing vote. Ordinance No. 2911 was adopted. CONSENT CALENDAR A MOTION was made by Vice Mayor Anderson, seconded by Councilmember Koprowski, to approve Consent Items 6, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, and 25; remove Item 7, 8 and 17 from the Consent Calendar. Motion carried 7-0. 6. INTERGOVERNMENTAL AGREEMENT – consider approval of Intergovernmental Agreement No. 325000026 (IGA NO: 2023-3177IG) with Arizona Department of Water Resources to facilitate the Town of Gilbert’s participation in the Alliance for Water Efficiency’s (AWE) Large-Scale Landscapes Research Project, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 7. AGREEMENT – consider approval of: 3 a) adoption of Resolution No. 4504 approving an agreement with Maricopa Association of Governments (MAG) for the Electric Vehicle (EV) Charging Infrastructure Program, CIP Project MF2565; b) Agreement No. 325000033 with Maricopa Association of Governments (MAG) in an amount not to exceed $95,000 for the Electric Vehicle (EV) Charging Infrastructure Program, CIP Project No. MF2565 and authorize the Mayor to execute the required documents; and c) General Fund contingency in the amount of $25,000. Senior Transportation Planner Bubenheim provided a brief overview of the topic at hand. She discussed the EV charging siting plan, its evaluation of locations for future infrastructure with public use, and its prioritization of locations based on usage. She also explained the reasons for the funding and mentioned that Gilbert was considered the City of the Future. She addressed the funding and assured that there would be no further obligations for ongoing resources beyond this study and that Maricopa Association of Governments (MAG) would reimburse the Town over time. Councilmember Bongiovanni asked about the difference between the current proposal and the one previously voted on. Senior Transportation Planner Bubenheim explained that the prior item focused on conducting a fair study, and it established a policy allowing Town- owned sites to charge for the use of EV charging stations. She clarified that the request that evening was for a study to determine where the Town of Gilbert would need EV charging stations. Councilmember Torgeson inquired about the $25,000 cost, considering that MAG would reimburse the Town $95,000. Senior Transportation Planner Bubenheim confirmed and said it would cost the Town just $25,000, and said the goal was to provide off-site services for electric car buyers on property outside of the Town's fleet. Planner Bubenheim said the study would focus on charging infrastructure and evaluate adding EV charging stations to 4 parking garages, parks, libraries, and other beneficial locations in the Town. Councilmember Torgeson said the Town would be essentially a “gas station” for EVs. Transportation Plan Manager Hafner said the study aimed to assess the need for EV charging stations in the Town and identify potential locations for installation. He said it would also help the Town secure funding to implement the stations. Councilmember Bongiovanni asked for clarification on the study's intention to identify the most suitable locations for EV charging stations if needed. He said the previous study, which was approved at a prior meeting, was to determine the fee for usage. He said once the studies were completed, they would propose the need for specific locations and/or rates in the future. Senior Transportation Planner Bubenheim said it was possible for the two studies to be tied together if the studies recommended the need, and they would bring the findings to a future study session. Mayor Peterson explained that there was some confusion regarding the Council's recent approval of a rate study from a prior meeting and what was being asked that evening. She clarified that the question was focused on identifying potential locations for EV charging stations in the Town. She mentioned that based on both studies' recommendations, the Council would potentially approve locations and rates for EV charging stations in the future. Senior Transportation Planner Bubenheim said that they were studying to see if it was even needed for the Town. She said if it was needed, they would be able to bring a plan in the future with the information provided by both studies. Town Manager Banger added that Gilbert could also consider a Request for Proposals (RFP) to solicit a private party to install EV charging stations at potential locations. Councilmember Torgeson said he would prefer a Request for Proposals (RFP) to build the EV charging stations; he said he did not feel comfortable with a government entity being in charge of something like this. Mayor Peterson added that the study could come back and say that EV charging stations were not needed, or it could come back and say the Town could potentially have 3-4. 5 Vice Mayor Anderson asked if the study would include a comprehensive look at the use of EVs in Gilbert. Senior Transportation Planner Bubenheim said that was correct. Councilmember Bongiovanni inquired whether there was a predetermined area that the study would cover. Senior Transportation Planner Bubenheim confirmed that there were currently no predetermined areas, but a set of criteria would be used to narrow down the options. Councilmember Bongiovanni also asked if the Cooling Station area would be considered. Senior Transportation Planner Bubenheim explained that they were still in the drafting stage of the study and were focusing on already developed sites. A MOTION was made by Councilmember Koprowski, seconded by Councilmember Bongiovanni, to approve Item 7. Motion carried 6-1 with Councilmember Torgeson dissenting. Resolution No. 4504 was adopted. 8. AGREEMENT – consider approval of Cooperative Purchase Agreement No. 325000002 with Fluoresco Services, LLC utilizing City of Mesa Cooperative Purchasing Contract No. 2024153 in an amount not to exceed $300,000 annually, totaling $1,500,000 over five (5) years for illuminated street name sign supply, maintenance and services, and authorize the Mayor to execute the required documents. Councilmember Torgeson said he first looked at this about five years ago and asked for a quick presentation. Town Engineer Struble said the cooperative purchase agreement with Fluoresco Services was for the placement of illuminated intersection signage. She said the agreement's approval would allow the Town to continue to maintain and replace any outdated or old standard signage. She noted that the Town had 227 signalized intersections. She talked about the replacement program currently in place and gave a quick overview of how it currently works. She said the agreement would allow Fluoresco to provide and install the signage. 6 Councilmember Torgeson asked what had changed regarding material cost and said he remembered it being much higher cost than what was asked that evening. ITS Operations Supervisor Flynn said that he did not believe the materials had changed and that they were still using high-quality products. He was unsure why some signs were peeling but mentioned they were over 15 years old. He explained that weather conditions such as rain and dust storms could cause wear and tear on the vinyl, and dirt tended to get underneath it over time. He also mentioned that they performed maintenance checks every six months to ensure that the signs were in good condition. Councilmember Torgeson expressed his desire to fully understand the request because, after reviewing the budget, he noticed a significant decrease in the cost per unit. ITS Operations Supervisor Flynn admitted he was unaware of the pricing details but emphasized the importance of using taxpayer dollars wisely. Supervisor Flynn stressed the need to prioritize quality over cost, ensuring that the Town invests in top-quality items built to last for years. Town Traffic Engineer Pinkerton said he was confident in the amount and with Fluoresco Services over the next five years of the contract. Councilmember Torgeson thanked them and said if they were confident, he was, too. Councilmember Koprowski asked if Fluoresco also provided the supplies for the signs' internal illumination since they were internally illuminated. ITS Operations Supervisor Flynn said that the Town supplies the needed materials. Councilmember Bongiovanni expressed concern about the durability of the new blue signs, likening their potential deterioration to that of Arizona’s hot months; he asked about Fluoresco's guarantee if the signs started melting in three years. Town Engineer Struble clarified that there was a 10-year warranty on the signs; she also mentioned that there had not been any issues so far, and Floresco, the company responsible for the signs, had been responsive in addressing any concerns. Councilmember Buchli asked if the installation was included in the cost. ITS Operations Supervisor Flynn said that it was. 7 A MOTION was made by Councilmember Buchli, seconded by Councilmember Koprowski, to approve Item 8. Motion carried 7-0. 9. AGREEMENT – consider approval of Agreement for Services Agreement No. 324000264 with T2 Pest Services in an amount not to exceed $200,000 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. 10. AGREEMENT – consider approval of Cooperative Purchase Agreement No. 324000397 with AZ Wastewater Industries, Inc. utilizing City of Mesa Cooperative Purchasing Contract No. 2023193 in an amount not to exceed $60,000 annually, totaling $240,000 over four (4) years for Rental of Sewer Cleaner Truck, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 11. AGREEMENT – consider approval of: a) Cooperative Purchase Agreement No. 324000467 with USIC Locating Services, LLC utilizing City of Mesa Cooperative Purchasing Contract No. 2023220 in an amount not to exceed $600,000 annually, totaling $2,400,000 over four (4) years for utility location services, and authorize the Mayor to execute the required documents; b) Water fund contingency in the amount of $300,000; and c) Wastewater fund contingency in the amount of $300,000. This item was approved with the Consent Calendar vote. 8 12. LEGAL – consider approval of: a) Settlement Agreement with Standard Construction Company Inc. to settle all claims in Maricopa County Superior Court Case No. CV2021-093355, and authorize the Mayor to execute the required documents; and b) CIP Contingency with 2022 General Obligation (GO) Bonds as the designated funding source in the amount of $799,000. This item was approved with the Consent Calendar vote. 13. CONTRACT – consider approval of: a) Job Order Contract No. 324000246 Talis Construction Corporation for streets transportation construction services, effective August 20, 2024 upon award and terminating on August 30, 2025 with the option to renew for four (4) additional one (1) year periods; b) Task Order No. 01 to Job Order Contract (JOC) Contract No. 324000246 with Talis Construction Corporation in an amount not to exceed $1,389,656.81 for Val Vista and Mercy Intersection, CIP Project No. ST1970; and authorize the Mayor to execute the required documents; and c) CIP contingency with 2022 General Obligation (GO) Bonds as the designated funding source in the amount of $242,656.81. This item was approved with the Consent Calendar vote. 14. CONTRACT – consider approval of: a) Job Order Contract (JOC) Contract No. 324000245 with Sunland Asphalt & Construction, LLC. for streets transportation construction services, effective August 20, 9 2024 upon award and terminating on August 30, 2025 with the option to renew for four (4) additional one (1) year periods; b) Task Order No. 01 to Job Order Contract (JOC) Contract No. 324000245 with Sunland Asphalt & Construction, LLC., in an amount not to exceed $4,481,155.75 for Higley Road – North of Elliot Road, CIP Project No. ST1830, and authorize the Mayor to execute the required documents; and c) CIP contingency with Water Replacement funds as the designated funding source, in the amount not to exceed $990,544.11. This item was approved with the Consent Calendar vote. 15. CONTRACT – consider approval of: a) Purchase Order Contract No. 325000003 with CS Construction, Inc. utilizing State Contract No. CTR071334 and, Solicitation No. BPM006027 in an amount not to exceed $3,156,890.67 for Advance Detection Safety Improvements Phase 2, CIP Project No. TS1952; and b) Task Order No. 21 to Job Order Contract (JOC) Contract No. 323000238 with CS Construction, Inc. in an amount not to exceed $418,250 for Advance Detection Safety Improvements Phase 2, CIP Project No. TS1952 and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 16. CONTRACT – consider approval of expenditures under Contract No. 320000248 with Motorola Solutions in an amount not to exceed $1,915,000 for Public Safety two-way radios and associated equipment and authorize the Mayor to execute the required documents. 10 This item was approved with the Consent Calendar vote. 17. CONTRACT – consider approval of Architectural/Engineering Services (A/E) Services Contract for Design-Bid-Build (DBB) Project Contract No. 325000018 with Dig Studio in an amount not to exceed $410,480 for the Gilbert Road Median Improvement Project, CIP Project No. RD2220, and authorize the Mayor to execute the required documents. A MOTION was made by Councilmember Torgeson, seconded by Councilmember Buchli, to continue Item 17 to the September 10, 2024 Council meeting. Motion carried 7-0. 18. CONTRACT – consider approval of Task Order No. 27 to Job Order Contract (JOC) Contract No. 320000098 with Felix Construction Company in an amount not to exceed $1,856,140.26 for Layton Lakes/Crossroads Lift Station Miscellaneous Upgrades, CIP Project No. WW1251, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 19. CONTRACT – consider approval of: a) Project Management/Construction Management (PM/CM) Services Contract for Construction Manager at Risk (CM@R) Project Contract No. 324000320 with Consultant Engineering, Inc. in an amount not to exceed $271,363.50 for the Santan Vista Water Treatment Plant (SVWTP) Raw Water Cathodic Protection, CIP Project No. WA1594; b) Pre-Construction Services Contract for Construction Manager at Risk (CM@R) Project Contract No. 324000321 with Haydon Companies, LLC, in an amount not to exceed $258,444 for the SVWTP Raw Water Cathodic Protection, CIP Project No. WA1594; and c) Change Order No. 1 to Contract No. 323000339 with Black and Veatch Corporation increasing the contract amount by $362,780 for SVWTP Raw Water Cathodic Protection, CIP Project No. WA1594, and authorize the Mayor to execute the required documents. 11 This item was approved with the Consent Calendar vote. 20. CONTRACT – consider approval of Contract No. 325000039 with LinkedIn Learning in an amount not to exceed $129,231.09 for three years and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 21. CONTRACT– consider approval of the Guaranteed Maximum Price (GMP) No. 4 and Change Order No. 3 to Contract No. 321000279 with Kennedy Jenks Consultants, Inc. in an amount not to exceed $3,836,230 for the North Water Treatment Plant (NWTP) Facility Upgrades and Reconstruction Project, Project No. WA1589, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 22. CONTRACT– consider approval of the Guaranteed Maximum Price (GMP) No. 4 for Change Order No. 4 to Contract No. 320000346 with Water Works Engineers increasing the contract amount by $4,715,459.02 for Gilbert North Water Treatment Plant (NWTP) Facility Upgrades and Reconstruction, CIP Project No. WA1589, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 23. CHANGE ORDER – consider approval of: a) Change Order No. 1 to Contract No. 319001145 with Tristar Engineering & Management, Inc. increasing the contract amount by $89,640 for Elliot and Cooper Intersection Improvements, Project No. ST1380, and authorize the Mayor to execute the required documents; and 12 b) CIP contingency with 2022 General Obligation (GO) Bonds as the designated funding source, in the amount of $89,640. This item was approved with the Consent Calendar vote. 24. HUMAN RESOURCES/CONTRACT- consider confirmation and approval of: a) Re-Appointment of Bruce R. Owens as Municipal Judge in the Gilbert Municipal Court with a term effective July 1, 2024 to June 30, 2028; b) Renewal of Judicial Services Employment Agreement Contract No. 322000409 with Bruce R. Owens with a four-year contract term with an effective date of July 1, 2024; c) Re-Appointment of Casey A. Mundell as Municipal Judge in the Gilbert Municipal Court with a term effective October 1, 2024 to September 30, 2026; and d) Renewal of Judicial Services Employment Agreement Contract No. 322000410 with Casey A. Mundell with a two-year contract term with an effective date of October 1, 2024, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 25. MINUTES – consider approval of the minutes of Regular Meeting of August 6, 2024, Study Session of August 6, 2024, and Special Meeting of August 5, 2024. This item was approved with the Consent Calendar vote. ADMINISTRATIVE ITEMS 26. FEES – consider a motion to: 13 a) direct staff to publish a Notice of Intention to Increase Sales, Use, and Bed Tax Rates for the Town of Gilbert; and b) set the public hearing date for October 22, 2024. Assistant Town Manager Rhineheimer talked about the importance of investing in Gilbert's quality of life for long-term vibrancy. She said Gilbert Town Council took seriously its responsibility to safeguard Gilbert's quality of life to ensure its continued success for decades to come and avoid decline. She added Gilbert's mission was to anticipate future needs through extensive research, data gathering, and community feedback to target investments strategically. She noted Budget Director Fost would provide more insights into this research and analysis. Office of Management and Budget Director Pfost provided an overview of the feedback received on the Parks and Recreation Master Planning efforts. She mentioned that many citizens gave very positive feedback, but about a quarter of them expressed concerns that Gilbert's programs and parks were overcrowded. She also pointed out that Gilbert's parks were rated last among the parks in the top 100 most populated cities. She highlighted that Gilbert had the highest percentage of families with young children but the second-fewest playgrounds per capita. She discussed several infrastructure needs, including the expansion and development of Gilbert Regional Park, Desert Sky Park, and the establishment of a new recreation center and additional sports facilities. She also mentioned plans for the construction of the Gilbert Advocacy Center (Phase 2 & 3), Crime Lab, and Central and San Tan Patrol Police Buildings, emphasizing the need for additional space for employees. Regarding funding, she mentioned two main options: a potential sales tax increase from 1.5% to 2% and the implementation of a use tax at a 2% rate, along with an increase in the bed tax rate from 2.8% to 5%. She also outlined a timeline for these initiatives, stating that the new rates would take effect in January 2025 if approved. In discussing the impact on citizens, she explained that the proposed initiatives would help provide the important infrastructure that Gilbert citizens desire. 14 Mayor Peterson clarified that the secondary property tax needed to be from bonds and paid back through Gilbert’s secondary property tax rate. She said Gilbert did not have a primary tax; therefore they could not increase the primary property tax since there was not already in place, which was why the council discussed other options. Office of Management and Budget Director Pfost said she was correct. Councilmember Bongiovanni inquired about the hotels' stance on the bed tax. Director Pfost mentioned that he would need to check with them but noted that it was discussed with the tourism group, but she had not received any feedback to share with the Council. Councilmember Bongiovanni emphasized that the bed tax would primarily impact visitors rather than the citizens of Gilbert. Vice Mayor Anderson explained that many people were confused about the difference between primary and secondary property taxes. He pointed out that one of the reasons Gilbert was in the middle of the range, rather than at the lower end, was because other cities had a primary property tax to support their operations, which Gilbert did not have. He emphasized the need to make this distinction clear. Councilmember Torgeson said he wanted to point out that Gilbert differed from Mesa's system, which increased water and utility costs that contributed to the General Fund. He said the proposal suggested generating revenue through sales taxes, a voluntary approach, which would help with long-term planning. Mayor Peterson mentioned that the item was solely for publishing a notice of intention and that a public hearing would be held for the public to speak. A MOTION was made by Councilmember Torgeson, seconded by Vice Mayor Anderson, to approve Item 26. Motion carried 7-0. 27. COUNCIL ADMINISTRATION - consider acceptance of the Budget Report and Contingency Report for the 4th Quarter of FY 2024. 15 A MOTION was made by Councilmember Koprowski, seconded by Councilmember Buchli, to approve Item 27. Motion carried 7-0. 28. COUNCIL ADMINISTRATION- Discussion and update from the Community Engagement Task Force. Councilmember Tilque reported that the Task Force met on August 12, 2024, and received presentations on the Student Resource Officer (SRO) Program overview; one on overall data of police action and results regarding teen violence; and another from Gilbert Youth and Adult Resources. She emphasized the importance of coordinating with school officials and proactively approaching issues at Morrison Ranch. She talked about how the Gilbert Police Department had launched a new "Report Don't Repost" campaign to educate the community about sharing information regarding crimes. She said the next focus was to identify strengths and gaps in the community and work together to address pressing issues involving youth. She concluded that a new community youth officer would be hired within two weeks and that the candidates attended the meeting. COMMUNICATIONS FROM CITIZENS Steve Lavalle, Gilbert resident, discussed his passion for the town and his experience as an employee. He talked about accountability and the lack of leadership and said he would be back in two weeks. Christine Accurso, Gilbert resident, discussed public comment and of elected officials who valued public input. She asked the Council to restore public comment to the beginning of the meeting to ensure citizens were valued over anyone else. Charisia Arnold, Gilbert resident, noted comments from a prior meeting regarding abuse, then provided a definition of abuse. She discussed listening, humility, and her experience as a parent. She said nothing would change until the Council listened. 16 Bridget Vega, not a Gilbert resident, thanked the community and recognized the Assistant Chief of Police and another staff member for coming to the table with honesty and humility. She discussed the mental health crisis and said the community expected accountability and transparency. FUTURE MEETINGS No discussion. COMMUNICATIONS Report from the TOWN MANAGER on current events. There was no report. Report from the COUNCIL on current events. Councilmember Bongiovanni said he served as the liaison for the Chandler Unified School District and the Chandler School District Teen Violence Task Force. He talked about their policies and what actions were taken when they occurred. He provided some statistics between 2022 and 2024 on assaults, fights, threats, and weapons. He also mentioned the dementia-friendly initiative. He concluded by highlighting the upcoming events at Desert Sky Park. Councilmember Torgeson discussed the Heritage District Meet-Up on August 21, 2024, at 8:00 a.m. He also noted there were openings on the Redevelopment Commission, and the application would close on August 26, 2024. Councilmember Buchli said she participated in a two-day conference on public policy with the Arizona State University (ASU) Morrison Institute. She said they had great speakers, and the main issues were affordable housing and groundwater. She said they were also 17 looking into expanding the active water management area (AMA) and determining who would get the water that fell from the sky. Report from the MAYOR on current events. Mayor Peterson provided an overview of her recent schedule and discussed the Stock the Classroom Teacher Supply Drive. She mentioned the locations where donations could be made and highlighted some significant contributions. She expressed gratitude to all the donors, stating that over $18,000 of supplies were collected. She also mentioned attending the Williamsfield High School Meet the Team event and accompanying Gilbert Fire and Rescue, Gilbert Police, and their families to shop with 52 children from Gilbert District Schools. She expressed her happiness with the annual turnout and thanked everyone involved. Additionally, she talked about meeting with members of the Hindu and Indian communities, where she received a lovely, tied bracelet in recognition of Universal Oneness Day. Lastly, she acknowledged the work of the Judicial Selection and Advisory Board in assisting with the reappointments of Judges Mundell and Owens. ADJOURN A MOTION was made by Councilmember Buchli, seconded by Koprowski, to adjourn the meeting. Motion carried 7-0. Mayor Peterson adjourned the meeting at 8:08 p.m. ATTEST: ___________________________ ___________________________________ Brigette Peterson, Mayor Chaveli Herrera, Town Clerk CERTIFICATION 18 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 20th day of August, 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 19

Agenda

Council Meeting Agenda August 20, 2024 Brigette Peterson, Mayor ● Scott Anderson, Vice Mayor Chuck Bongiovanni ● Bobbi Buchli ● Yung Koprowski ● Kathy Tilque ● Jim Torgeson Members may attend in person or by telephone. Regular Meeting 6:30 PM Municipal Building I, Council Chambers 50 E. Civic Center Drive Gilbert, Arizona AGENDA ITEMS MAY BE DISCUSSED IN A DIFFERENT SEQUENCE. ITEMS WILL NOT BE DISCUSSED PRIOR TO POSTED MEETING TIME. Your Town Council is very appreciative of the honor to serve. In performing our roles and functions, we use iPads and/or laptops at our meetings as well as monitors on the dais, which contain the materials of the agenda items before us this evening. If you notice our eyes on these electronic devices, it is not due to lack of attentiveness to speakers, as we are actively listening to all who are speaking and at the same time following along in our packets that the staff has prepared for us this evening. Upon a public majority vote of a quorum of the Town Council, the Town Council may hold an executive session for legal advice on any item listed on this agenda pursuant to A.R.S. § 38-431.03(A)(3). This notice is given pursuant to A.R.S. § 38-431.02. Meeting protocol Items on agenda may be shortened, continued to a future public meeting, or taken out of order. Participants will be allotted a limited amount of time to speak at public meetings (the exact amount of time will be determined at the meeting by the Mayor depending on the number of participants, as permitted by Town Code and State Law). Anyone wishing to speak before the Council must fill out a request to speak card for each item they wish to speak on and submit it to the Town Clerk or place it in the bin provided prior to the start of the meeting. For more information on Council meetings including schedules, location, how to view the meeting online, or public participation options, please visit the Town Council webpage HERE. AGENDA ITEM CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE The invocation may be offered by a person of any religion, faith, belief or non-belief, as well as Councilmembers. A list of volunteers is maintained by the Town Clerk and interested persons should contact the Clerk for further information. Invocation by Pastor Thor Strandholt of Valor Christian Center. Pledge of Allegiance. ROLL CALL PRESENTATIONS; PROCLAMATIONS 1 PRESENTATION - Presentation of The Green Gilbert Partnership Program's 2024 New Certifications. PUBLIC HEARING Items will be heard at one Public Hearing; at which time anyone wishing to comment on a Public Hearing Item may do so. Comments will be heard from those in support of or in opposition to an item. Public Hearings are noticed for 6:30 p.m. In order to comment on a Public Hearing Item, you must fill out a public comment form, indicating the Item Number on which you wish to be heard. Once the Public Hearing on an item is closed, there will be no further public comment unless approved by the Mayor or consensus of the majority of the Council . Items on the Public Hearing agenda may be acted upon in one motion unless there is a request for public comment for an item or a member of the Council requests to hear an item separately. 2 LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Alcohol License for Origen located at 2472 South Recker Road, Unit 101. 3 GENERAL PLAN GP24-01 - conduct hearing and consider adoption of Resolution No. 4503 approving a Minor General Plan amendment to revise the Gilbert General Plan to designate a Central Business District. 4 ZONING Z24-07 - conduct hearing and consider adoption of Ordinance No. 2912 amending the Town of Gilbert Land Development Code, Arizona, Chapter I Zoning Regulations, Section 2.0 Terms related to the addition of a definition for Central Business District. 5 ZONING Z24-06 - conduct hearing and consider adoption of Ordinance No. 2911 amending the Town of Gilbert Land Development Code, Arizona, Chapter I Zoning Regulations, Section 5.2 Site Regulations related to backyard fowl. CONSENT CALENDAR All items listed below are considered consent calendar items and may be approved by a single motion unless removed at the request of Council for further discussion/action. Other items on the agenda may be added to the consent calendar and approved under a single motion. 6 INTERGOVERNMENTAL AGREEMENT – consider approval of Intergovernmental Agreement No. 325000026 (IGA NO: 2023-3177IG) with Arizona Department of Water Resources to facilitate the Town of Gilbert’s participation in the Alliance for Water Efficiency’s (AWE) Large-Scale Landscapes Research Project, and authorize the Mayor to execute the required documents. 7 AGREEMENT – consider approval of: a) adoption of Resolution No.4504 approving an agreement with Maricopa Association of Governments (MAG) for the Electric Vehicle (EV) Charging Infrastructure Program, CIP Project MF2565; b) Agreement No. 325000033 with Maricopa Association of Governments (MAG) in an amount not to exceed $95,000 for the Electric Vehicle (EV) Charging Infrastructure Program, CIP Project No. MF2565 and authorize the Mayor to execute the required documents; and c) General Fund contingency in the amount of $25,000. 8 AGREEMENT – consider approval of Cooperative Purchase Agreement No. 325000002 with Fluoresco Services, LLC utilizing City of Mesa Cooperative Purchasing Contract No. 2024153 in an amount not to exceed $300,000 annually, totaling $1,500,000 over five (5) years for illuminated street name sign supply, maintenance and services, and authorize the Mayor to execute the required documents. 9 AGREEMENT – consider approval of Agreement for Services Agreement No. 324000264 with T2 Pest Services in an amount not to exceed $200,000 for Mosquito and Midge Fly Pest Control services, and authorize the Mayor to execute the required documents. 10 AGREEMENT – consider approval of Cooperative Purchase Agreement No. 324000397 with AZ Wastewater Industries, Inc. utilizing City of Mesa Cooperative Purchasing Contract No. 2023193 in an amount not to exceed $60,000 annually, totaling $240,000 over four (4) years for Rental of Sewer Cleaner Truck, and authorize the Mayor to execute the required documents. 11 AGREEMENT – consider approval of: a) Cooperative Purchase Agreement No. 324000467 with USIC Locating Services, LLC utilizing City of Mesa Cooperative Purchasing Contract No. 2023220 in an amount not to exceed $600,000 annually, totaling $2,400,000 over four (4) years for utility location services, and authorize the Mayor to execute the required documents; and b) Water fund contingency in the amount of $300,000, c) Wastewater fund contingency in the amount of $300,000. 12 LEGAL – consider approval of: a) Settlement Agreement with Standard Construction Company Inc. to settle all claims in Maricopa County Superior Court Case No. CV2021-093355, and authorize the Mayor to execute the required documents; and b) CIP Contingency with 2022 General Obligation (GO) Bonds as the designated funding source in the amount of $799,000. 13 CONTRACT – consider approval of: a) Job Order Contract No. 324000246 Talis Construction Corporation for streets transportation construction services, effective August 20, 2024 upon award and terminating on August 30, 2025 with the option to renew for four (4) additional one (1) year periods; and b) Task Order No. 01 to Job Order Contract (JOC) Contract No. 324000246 with Talis Construction Corporation in an amount not to exceed $1,389,656.81 for Val Vista and Mercy Intersection, CIP Project No. ST1970; and authorize the Mayor to execute the required documents; and c) CIP contingency with 2022 General Obligation (GO) Bonds as the designated funding source in the amount of $242,656.81. 14 CONTRACT – consider approval of: a) Job Order Contract (JOC) Contract No. 324000245 with Sunland Asphalt & Construction, LLC. for streets transportation construction services, effective August 20, 2024 upon award and terminating on August 30, 2025 with the option to renew for four (4) additional one (1) year periods; b) Task Order No. 01 to Job Order Contract (JOC) Contract No. 324000245 with Sunland Asphalt & Construction, LLC., in an amount not to exceed $4,481,155.75 for Higley Road – North of Elliot Road, CIP Project No. ST1830, and authorize the Mayor to execute the required documents; and c) CIP contingency with Water Replacement funds as the designated funding source, in the amount not to exceed $990,544.11. 15 CONTRACT – consider approval of: a) Purchase Order Contract No. 325000003 with CS Construction, Inc. utilizing State Contract No. CTR071334 and, Solicitation No. BPM006027 in an amount not to exceed $3,156,890.67 for Advance Detection Safety Improvements Phase 2, CIP Project No. TS1952; and b) Task Order No. 21 to Job Order Contract (JOC) Contract No. 323000238 with CS Construction, Inc. in an amount not to exceed $418,250 for Advance Detection Safety Improvements Phase 2, CIP Project No. TS1952 and authorize the Mayor to execute the required documents. 16 CONTRACT – consider approval of expenditures under Contract No. 320000248 with Motorola Solutions in an amount not to exceed $1,915,000 for Public Safety two-way radios and associated equipment and authorize the Mayor to execute the required documents. 17 CONTRACT – consider approval of Architectural/Engineering Services (A/E) Services Contract for Design-Bid-Build (DBB) Project Contract No. 325000018 with Dig Studio in an amount not to exceed $410,480 for the Gilbert Road Median Improvement Project, CIP Project No. RD2220, and authorize the Mayor to execute the required documents. 18 CONTRACT – consider approval of Task Order No. 27 to Job Order Contract (JOC) Contract No. 320000098 with Felix Construction Company in an amount not to exceed $1,856,140.26 for Layton Lakes/Crossroads Lift Station Miscellaneous Upgrades, CIP Project No. WW1251, and authorize the Mayor to execute the required documents. 19 CONTRACT – consider approval of: a) Project Management/Construction Management (PM/CM) Services Contract for Construction Manager at Risk (CM@R) Project Contract No. 324000320 with Consultant Engineering, Inc. in an amount not to exceed $271,363.50 for the Santan Vista Water Treatment Plant (SVWTP) Raw Water Cathodic Protection, CIP Project No. WA1594; b) Pre-Construction Services Contract for Construction Manager at Risk (CM@R) Project Contract No. 324000321 with Haydon Companies, LLC, in an amount not to exceed $258,444 for the SVWTP Raw Water Cathodic Protection, CIP Project No. WA1594; and c) Change Order No. 1 to Contract No. 323000339 with Black and Veatch Corporation increasing the contract amount by $362,780 for SVWTP Raw Water Cathodic Protection, CIP Project No. WA1594, and authorize the Mayor to execute the required documents. 20 CONTRACT – consider approval of Contract No. 325000039 with LinkedIn Learning in an amount not to exceed $129,231.09 for three years and authorize the Mayor to execute the required documents. 21 CONTRACT– consider approval of the Guaranteed Maximum Price (GMP) No. 4 and Change Order No. 3 to Contract No. 321000279 with Kennedy Jenks Consultants, Inc. in an amount not to exceed $3,836,230 for the North Water Treatment Plant (NWTP) Facility Upgrades and Reconstruction Project, Project No. WA1589, and authorize the Mayor to execute the required documents. 22 CONTRACT– consider approval of the Guaranteed Maximum Price (GMP) No. 4 for Change Order No. 4 to Contract No. 320000346 with Water Works Engineers increasing the contract amount by $4,715,459.02 for Gilbert North Water Treatment Plant (NWTP) Facility Upgrades and Reconstruction, CIP Project No. WA1589, and authorize the Mayor to execute the required documents. 23 CHANGE ORDER – consider approval of: a) Change Order No. 1 to Contract No. 319001145 with Tristar Engineering & Management, Inc. increasing the contract amount by $89,640 for Elliot and Cooper Intersection Improvements, Project No. ST1380, and authorize the Mayor to execute the required documents; and b) CIP contingency with 2022 General Obligation (GO) Bonds as the designated funding source, in the amount of $89,640. 24 HUMAN RESOURCES/CONTRACT- consider confirmation and approval of: a) Re-Appointment of Bruce R. Owens as Municipal Judge in the Gilbert Municipal Court with a term effective July 1, 2024 to June 30, 2028; b) Renewal of Judicial Services Employment Agreement Contract No. 322000409 with Bruce R. Owens with a four-year contract term with an effective date of July 1, 2024; c) Re-Appointment of Casey A. Mundell as Municipal Judge in the Gilbert Municipal Court with a term effective October 1, 2024 to September 30, 2026; and d) Renewal of Judicial Services Employment Agreement Contract No. 322000410 with Casey A. Mundell with a two-year contract term with an effective date of October 1, 2024, and authorize the Mayor to execute the required documents. 25 MINUTES – consider approval of the minutes of Regular Meeting of August 6, 2024, Study Session of August 6, 2024, and Special Meeting of August 5, 2024. ADMINISTRATIVE ITEMS Administrative Items are for Council discussion and action. 26 FEES – consider a motion to: a) direct staff to publish a Notice of Intention to Increase Sales, Use, and Bed Tax Rates for the Town of Gilbert; and b) set the public hearing date for October 22, 2024. 27 COUNCIL ADMINISTRATION - consider acceptance of the Budget Report and Contingency Report for the 4th Quarter of FY 2024. 28 COUNCIL ADMINISTRATION- Discussion and update from the Community Engagement Task Force. COMMUNICATIONS FROM CITIZENS At this time, members of the public may comment on matters within the jurisdiction of the Town. Members of the Council may not discuss items that are not specifically identified on the agenda. Therefore, pursuant to state law, action taken as a result of public comment will be limited to directing staff to study the matter, responding to any criticism, or scheduling the matter for further consideration. FUTURE MEETINGS The Council may discuss whether to place an item on a future agenda but may not discuss the merits of the item. • Study Session related to “Meet and Confer” Requested by Vice Mayor Anderson, Councilmember Bongiovanni and Councilmember Buchli • Council Retreat item related to a status update on General Obligation (GO) Bonds Requested by Councilmember Tilque on the dais COMMUNICATIONS Report from the TOWN MANAGER. Report from the COUNCIL. Report from the MAYOR. Communication Reports from Council and Staff ADJOURN NOTICE TO PARENTS: Parents and legal guardians have the right to consent before the Town of Gilbert makes a video or voice recording of a minor child. A.R.S. 1-602.A.9. Gilbert Council Meetings are recorded and may be viewed on Gilbert Live website. If you permit your child to participate in the Council Meeting, a recording will be made. If your child is seated in the audience your child may be recorded, but you may request that your child be seated in a designated area to avoid recording. Please submit your request to the Town Clerk.

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