Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF TUESDAY, SEPTEMBER 10, 2024 AT 6:30 PM, MUNICIPAL BUILDING I, COUNCIL CHAMBERS, 50 E. CIVIC CENTER DRIVE, GILBERT, ARIZONA COUNCIL PRESENT: Mayor Brigette Peterson, Vice Mayor Scott Anderson, Councilmembers Chuck Bongiovanni, Bobbi Buchli, Yung Koprowski, Kathy Tilque, and Jim Torgeson COUNCIL ABSENT: None STAFF PRESENT: Town Manager Patrick Banger, Town Clerk Chaveli Herrera, Deputy Clerk Judy Martinez, Town Attorney Christopher Payne, Planning Manager Eva Cutro, Assistant Fire Chief Bob Badgett, Transportation Plan Manager Jason Hafner, Interim Chief Performance Officer Aimee Ashworth, Police Chief Michael Soelberg, Economic Development Deputy Director Jennifer Graves, Parks and Recreation Director Robert Carmona, and Development Services Director Kyle Mieras AGENDA ITEM CALL TO ORDER Mayor Peterson called the meeting to order at 6:43 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Secretary Deborah Pella-Smith of The Local Spiritual Assembly of the Baha’is of Gilbert gave the invocation. Girl Scout Troop 3570 led the Pledge of Allegiance. ROLL CALL Town Clerk Herrera called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS 1 1. PROCLAMATION - Proclamation declaring September 2024 as Ovarian Cancer Awareness Month. Mayor Peterson read a proclamation declaring September 2024 as Ovarian Cancer Awareness Month and presented the proclamation to Rachel Sackett Putman and Andrea Falsetto. 2. PROCLAMATION - Proclamation declaring the week of September 17- 23, 2024 as Constitution Week. Mayor Peterson read a proclamation declaring the week of September 17- 23, 2024 as Constitution Week, and presented the proclamation to the following members of the Governor George W.P. Hunt Chapter of the Daughters of the American Revolution: Diana Hines, Regent; Maura Mackowski, Past Regent; Ann Fisher, Vice Regent; Cathy Panella, Treasurer; Edie Stockstill, Recording Secretary; Rose Lichtenfels, Historian; and Judy Maris, Chaplain. 3. RECOGNITION - Recognition of Miss Arizona America 2024, Hilary Parks, from the Town of Gilbert. Vice Mayor Anderson recognized Hilary Parks as Miss Arizona America 2024. 4. RECOGNITION - Recognition of Mrs. Arizona America 2024, Candace Decker, from the Town of Gilbert. Councilmember Tilque recognized Cadance Decker as Mrs. Arizona America 2024. 4A. RECOGNITION - Recognition of Mrs. Arizona American 2024, Megan Charney. Councilmember Koprowski recognized Megan Charney as Mrs. Arizona American 2024. PUBLIC HEARING 2 Mayor Peterson opened the public hearing for items 5, 6, 7, 8, 10, 11, and 12. No one wished to speak and Mayor Peterson closed the public hearing. A MOTION was made by Councilmember Buchli, seconded by Vice Mayor Anderson, to approve public hearing items 5, 6, 7, 8, 10, 11, and 12. Motion carried 6-1, with Councilmember Torgeson casting the dissenting vote. 5. LIQUOR LICENSE – conduct hearing and consider approval of a Series 6 Bar Alcohol License for Catching Flights Bar & Grill located at 1475 West Elliot Road. This item was approved with the Public Hearing Vote. 6. LIQUOR LICENSE – conduct hearing and consider approval of a Series 10 Beer and Wine Alcohol License for AM/PM located at 786 West Guadalupe Road. This item was approved with the Public Hearing Vote. 7. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Alcohol License for Buono's located at 1652 North Higley Road, Unit 103. This item was approved with the Public Hearing Vote. 8. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Alcohol License for Taco Bro's located at 2270 East Williams Field Road, Unit 101. This item was approved with the Public Hearing Vote. 9. GENERAL PLAN GP23-13/ ZONING Z23-11 – conduct hearing and consider: a) adoption of Resolution No. 4505 approving a Minor General Plan amendment to change the land use classification of approximately 1.52 acres generally located on the southwest corner of Lindsay Road and Germann Road from Neighborhood Commercial (NC) to General Commercial (GC); and 3 b) approval of the findings and adoption of Ordinance No. 2913 to rezone approximately 1.52 acres generally located southwest of the intersection of Lindsay Road and Germann Road from Neighborhood Commercial (NC) to Community Commercial (CC). Mayor Peterson opened the public hearing on Item 9. Planning Manager Cutro stated the presentation explained the request from Cobblestone Express Auto Spa for a minor General Plan amendment and Re- Zoning from Neighborhood Commercial to Community Commercial for an acre and a half parcel. She discussed the parcel location, surrounding area, and stated the design review would be discussed at the next Planning Commission meeting. She added that a neighborhood meeting was held with no attendance and staff received a petition of non-opposition signed by 10 surrounding businesses. She concluded with their recommended motion for Council. Christian Howarth, Gilbert resident, expressed concern about the necessity of a third car wash within a 3-mile radius of their homes, highlighting potential noise pollution that could deter people from using the area and negatively impact home values. He suggested alternative solutions for the area but worried that his request might be too late. Paul Gilbert spoke on behalf of the applicant. He addressed the noise issue and stated that people who lived close to the project signed petitions of support. He said the machines were internally focused and no significant noise would escape the facility. He emphasized they had complied with the noise ordinance and that Cobblestone offered a state-of-the-art car wash in an appropriate location. Councilmember Koprowski asked for the public comment be addressed by staff and conveyed to the Planning Commission. Planning Manager Cutro said they would convey it to Planning Commission and would review to ensure any noise-emitting elements were directed away from the trail. Councilmember Tilque also requested the resident be notified of the Planning Commission meeting and that his comment be considered and addressed. 4 Mayor Peterson closed the public hearing on Item 9. A MOTION was made by Councilmember Torgeson, by Vice Mayor Anderson, approve Item 9. Motion carried 7-0. Resolution No. 4505 and Ordinance No. 2913 were adopted. 10. ZONING Z24-01 - conduct hearing and consider adoption Ordinance No. 2914 amending Ordinances 633, 698, 722, 975, 1179, and 1200 to amend the development plan, conditions of development, and a request to rezone approx. 4.5 acres generally located at the southeast corner of Val Vista Drive and Elliot Road from approximately 4.5 acres of Shopping Center (SC), all with a Planned Area Development Overlay Zoning District (PAD), to 4.5 acres of General Commercial (GC) with a Planned Area Development (PAD) overlay. This item was approved with the Public Hearing vote. Ordinance No. 2914 was adopted. 11. ZONING Z24-02 - conduct hearing and consider adoption of Ordinance No. 2915 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, related to the deletion of the existing provisions in this section and the addition of language referring to the Gilbert Municipal Code. This item was approved with the Public Hearing vote. Ordinance No. 2915 was adopted. 12. CODE OF GILBERT - conduct hearing and consider adoption of Ordinance No. 2916 amending the Code of Gilbert, Arizona, by amending Chapter 42 Offenses and Abatement of Public Nuisances, Article VIII Abatement of Public Nuisances and Community Preservation, Division 2 Community Preservation Ordinance, Part. 2 Maintenance Standards, Section 42-317 Exterior Premises, and Vacant Land. This item was approved with the Public Hearing vote. Ordinance No. 2916 was adopted. 5 CONSENT CALENDAR A MOTION was made by Vice Mayor Anderson, seconded by Councilmember Buchli, to approve Consent Items 13, 14, 15, 17, 19, and 20; to table Item 17A; and to add Item 21 to the Consent Calendar, appointing to the Planning Commission Brian Andersen and Lous DeGravina as regular members with terms beginning September 30, 2024, and ending September 29, 2028, and Kyle Cole and Jenna Lyons as alternate members with terms beginning September 30, 2024, and ending September 29, 2025. Motion carried 7-0. 13. AGREEMENT – consider approval of Cooperative Purchase Agreement No. 324000404 with Ghaster Painting & Coating, Inc., utilizing 1GPA Cooperative Purchasing Contract No. 23-11PV-04 in an amount not to exceed $1,000,000 for painting products and services, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 14. AGREEMENT – consider approval of Cooperative Purchase Agreement No. 325000050 with Carahsoft Technology Corporation utilizing Omnia Partners Cooperative Purchasing Contract No. 23-6692-01 in an amount not to exceed $1,594,156.51 for software and services for multiple fiscal years pending annual budget approval and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 15. CONTRACT – consider approval of Task Order No. 2 to Job Order Contract (JOC) Contract No. 324000246 with TALIS Corporation in an amount not to exceed $900,000 for concrete, asphalt, and ADA repairs, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 16. CONTRACT – consider approval of Purchase Contract No. 325000051 with Draxxon in an amount not to exceed $285,670 for the purchase of a mobile command center for Gilbert Fire and Rescue, and authorize the Mayor to execute the required documents. 6 Councilmember Torgeson requested a presentation on the item. Assistant Fire Chief Badgett explained the item was for a mobile command van to give drone operators relief from the heat. He stated it allowed them to continue to protect citizens and public safety members without shutting down due to overheating or weather-related issues. A MOTION was made by Councilmember Torgeson, seconded by Councilmember Buchli, to approve Item 16. Motion carried 7-0. 17. CONTRACT – consider approval of Amendment No. 1 to Cooperative Contract Rebate Agreement No. 324000293 with Bound Tree Medical, LLC for the UCapIt Purchase and Rebate Program to allow for the savings of approximately $115,000 for the replacement of UCapIt medical dispensing machines, requiring Gilbert Fire to maintain an annual spending threshold and extend the current contract for 3 additional years and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 17A. CONTRACT – consider approval of Architectural/Engineering Services (A/E) Services Contract for Design-Bid-Build (DBB) Project Contract No. 325000018 with Dig Studio for the Gilbert Road Median Improvement Project, CIP Project No. RD2220, and authorize the Mayor to execute the required documents. This item was tabled as part of the Consent Calendar. 18. GRANT – consider: a) adoption of Resolution No. 4506 supporting the application, acceptance, and administration of a Railroad Crossing Elimination (RCE) grant, from U.S. Department of Transportation (USDOT) Federal Railroad Administration (FRA) for an At-Grade Crossing Elimination Study along the Union Pacific Railroad (UPRR) corridor within the Town of Gilbert; and b) CIP Contingency, with 2022 GO Bonds as the designated funding source, in the amount of $612,000. 7 Councilmember Torgeson asked for reassurance there were no strings attached to the item. Transportation Plan Manager Hafner stated he could not promise no strings attached, but the strings attached were within their capabilities of completing. He explained what they were required to follow on the grant which included Title 6 and Americans with Disabilities Act (ADA) accommodations. He noted the Federal Railroad Administration (FRA) grant had additional items to consider which were job quality, labor rights, and quarterly progress reporting to (FRA) including expenditures of funds. Councilmember Bongiovanni questioned the cost to the Town and if it would be more than the grant amount with the strings attached. Transportation Plan Manager Hafner responded that the cost would not be more than the grant. Councilmember Koprowski mentioned the county would have Proposition 479 on the ballot in November. She stated that voters in Gilbert should know that most Gilbert projects included in the proposition were related to railroad crossings. She asked if he could share information to explain how the grant was related to potential future projects funded by the regional sales tax extension. Transportation Plan Manager Hafner stated the Town had identified three locations for grade-separated crossings and regional funds would be used to pay for those projects. He added the study would verify those locations were the best and help them apply for Federal Rail funding for the design and construction of said projects. If awarded those funds, staff would seek additional funding for design and construction enabling them to use regional funds towards other town projects. A MOTION was made by Councilmember Torgeson, seconded by Councilmember Koprowski, to approve Item 18. Motion carried 7-0. Resolution No. 4506 was adopted. 19. RISK MANAGEMENT - consider: a) adoption of Resolution No. 4507 authorizing the Town Manager and the Town Attorney to enter into settlement agreements on behalf of the Town 8 with TYCO Fire Products, LP, individually and as successor in interest to the Ansul Company and Chemguard, Inc. (“TYCO Defendants”) and BASF Corporation in the AFFF multi-district Litigation No. 2873 in the United States District Court for the District of South Carolina in a form approved by the Town Attorney, and carry out the settlement agreements in accordance with their terms and intent; and b) authorize the Town Attorney to initiate litigation against all defendants who are or later become parties to the AFFF multi-district Litigation No. 2873 in the United States District Court for the District of South Carolina. This item was approved with the Consent Calendar vote. Resolution No. 4507 was adopted. 20. MINUTES – consider approval of the minutes of Regular Meeting of August 20, 2024, Study Session of August 20, 2024, Special Meeting of August 19, 2024, and Special Meeting of August 13, 2024. This item was approved with the Consent Calendar vote. ADMINISTRATIVE ITEMS 21. BOARDS AND COMMISSIONS – consider appointment to the Planning Commission of: a) two regular members with terms beginning September 30, 2024 and ending September 29, 2028; and b) two alternate members with terms beginning September 30, 2024 and ending September 29, 2025. This item was approved with the Consent Calendar. Appointed to the Planning Commission were Brian Andersen and Lous DeGravina as regular members with terms beginning September 30, 2024, and ending September 29, 2028, and Kyle Cole and Jenna Lyons as alternate members with terms beginning September 30, 2024, and ending September 29, 2025. 22. COUNCIL ADMINISTRATION- Discussion and update from the Community Engagement Task Force. 9 Councilmember Tilque reported the Task Force would be meeting on September 16, 2024. She discussed the Report, Don’t Repost campaign with the Maricopa County Attorney’s Office and showed a video from that organization. 23. PRESENTATION- Presentation on the Performance Management Program to include an overview on process and progress, departmental updates, and next steps. Interim Chief Performance Officer Ashworth presented on the program’s progress and future steps. She stated the program was a cornerstone of the City of the Future initiative and provided a framework for data analysis, goal setting, and progress tracking. She said they had supported two department staff programs, launched public dashboards, onboarded seven departments and one division, among many other achievements. She emphasized the department’s commitment of setting goals, tracking progress, and adjusting to meet objectives. Police Chief Soelberg explained their areas of focus and their internal and external dashboards. He presented a slide that focused on the Professional Standards dashboard and explained the different sections of the dashboard including the Use of Force Service Types and Source. He then discussed the Source of Complaints dashboard which showed the number and types of complaints received. His next slide covered the Part 1 Crimes dashboard where they tracked violent crime and property crime. He explained how they used the data to focus an issue with shoplifting and the plan to have patrol visible in those locations. He said they had seen a 13.4% reduction from April to May in the areas they added the extra patrol. He explained they would use collected data in the budget, and deployment of employees, a 911 dashboard, a counseling dashboard, a hiring dashboard, and a JustFOIA dashboard. He gave examples of what kind of data they could track with each dashboard and how it could be used to analyze and streamline processes. Councilmember Bongiovanni questioned if the reduction in shoplifting from April to June was a cumulative reduction. Police Chief Soelberg stated it was a cumulative reduction. 10 Economic Development Deputy Director Graves discussed the Economic Development performance measures and stated they had been monitoring and reporting on performance for nearly two decades through Town documents like the budget book, the comprehensive financial report, and the benchmark report. She discussed the process highlights which included how they collaborated, defined, identified, and measured their collective data. She explained their lines of service which included Business Development, Redevelopment, and Tourism. She elaborated on how their work focused on engagement with core partners to build an experience and relationships while delivering service to help them thrive. She covered key performance areas for each line of service and discussed the Economic Development Performance Management dashboards for each line of service and concluded with the metric goals for fiscal year 2025. Parks and Recreation Director Carmona shared that in 2020 they started their Department of the Future initiative which included engagement and performance management for the Master Plan. He said they focused on staff to see where they felt the future was headed and what they needed to be prepared to be successful with the Master Plan strategic initiative. He discussed the six main categories that came out of the initiative and reviewed the Master Plan Program Highlights including the 24,000 different programs they provided in 2021 and 2022. He extensively discussed the Program & Event Feedback Survey and how it evolved from pieces of paper to personalized e-mails that allowed for immediate feedback. He reviewed four dashboards that covered survey feedback for Program Recommendation, Facility Satisfaction, Instructor Recommendation, and Wellness Improvement and showcased their high satisfaction ratings. He noted the national average for program recommendation and facility satisfaction was about 70%. He discussed decisions they made based on the data they received and gave a few examples of a problem, the solution, and the outcome of the change. He concluded with a slide showcasing their upcoming dashboards for Parks, Facilities, Business, and Recreation. Development Services Director Mieras stated they were at the beginning stages of gathering the data and making dashboards. He explained they had a lot of data to gather to put into different dashboards which included turnaround times, permitting times, code compliance cases, and land use issues. He discussed how the data would help them fuel more decisions that they would bring to the Planning Commission, Mayor, and Council. He gave 11 examples of questions they could answer with the dashboards such as build- out times, property occupancy versus vacancy, and Code compliance cases. He covered the challenges they had to overcome by using data like legislation changes and staffing needs to better serve the community. He shared the Land Use Framework which included data for Gilbert Build Out, Acreage of Land Use Type and Vacancy Status, and Acreage by Zoning District. He discussed the Gilbert 311 Code Compliance Requests data which allowed them to see where they may need to focus efforts or resources and the areas of Town where requests were located. Mayor Peterson asked about the pie data labeled Other and wanted to know if they tried to determine if there was a category they could move to. Development Services Director Mieras responded that they had discussed the need for better specificity for that data and realized they had a gap and they would investigate it. Mayor Peterson also pointed out that residents may not understand the terminology in Gilbert 311. Development Services Director Mieras shared the additional dashboards that were in progress which included Plan Review Timeframe Tracking, Flood Plain Permit Issuance – Count and Location, Permit Valuation, and Building, Fire, and Engineering Inspection Tracking. Councilmember Tilque questioned why online inspection numbers were down and if they were being tracked. Development Services Director Mieras clarified that it meant virtual inspections and stated they would be tracked on the next dashboard being built. Interim Chief Performance Officer Ashworth thanked the speakers and spoke about how each one had different goals and ways of doing business. She discussed the next steps for the Core Performance Team which included publishing data stories, dashboards, and the launch of the Town-wide stat meeting. Councilmember Koprowski expressed appreciation for the update and supported the initiative. Councilmember Bongiovanni stated they had done a fantastic job on the dashboards and they could make decisions based on the dashboards as 12 opposed to just having data. He complimented staff for doing an incredible job. Councilmember Torgeson expressed concerns with the public-facing dashboards providing information to answer questions and suppositions to put concerns to rest. Interim Chief Performance Officer Ashworth explained there was a sub-team that was working on redesigning and redeveloping the public side. She shared one of the ideas of creating an Our Town Scorecard and asked for recommendations from Town Management, Mayor, and Council on what they would like to see included in the scorecard. Town Manager Banger extended his appreciation to Interim Chief Performance Officer Ashworth and the IT department for all their work in reviewing the data, formatting it, and creating a format for analyzing the data. He explained how the dashboards were dynamic and that clicking on an item allowed for additional viewing of the data and created more transparency and clarity for everyone. Vice Mayor Anderson stated the dashboards would allow the residents a way to better understand the decisions made by the Council. Councilmember Bongiovanni stated that the dashboards brought transparency and vulnerability and showed they were not trying to hide data. Interim Chief Performance Officer Ashworth agreed with Councilmember Bongiovanni and added that there was always room for growth and improvement. Mayor Peterson discussed what the City of the Future meant and stated the intent was to ensure they did not fall into gaps that cities before them had fallen into by ensuring a forward-moving path for the community. She added that by sharing information, they were offering transparency and vulnerability, as they revealed daily activities in the Town of Gilbert. COMMUNICATIONS FROM CITIZENS Stacy Lavelle, Gilbert resident, donated time to Steve Lavalle. Steve Lavalle, Gilbert resident, discussed an email from Fire Chief Duggan to a candidate. He discussed his concerns regarding particular fire personnel 13 and personnel being written up for unethical behavior, then discussed other emails within the Fire Department. He spoke about a Council action made recently by the Town of Queen Creek Council regarding Diversity, Equity, and Inclusion (DE&I). Mayor Peterson discussed the article about Queen Creek and how it was not what it was perceived to be in media, then asked Town Attorney Payne to gather information and follow up with the Council on his findings. FUTURE MEETINGS 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. Town Manager Banger shared the rating review completed by Moody’s and explained the upgrade in the Town’s Public Facility Municipal Property Corporation Bonds and Subordinate Lien Bonds from Aa1 to Aaa. He acknowledged Town employee Stefan Walston, who was currently deployed in the Middle East. He said Walston had not only served a humanitarian mission in Israel but had also been promoted to Master Sergeant in the Military Police. Walston sent a care package to the Town of Gilbert, which included a United States flag that he had flown overseas on behalf of the Town. Town Manager Banger stated they were deeply grateful for the exemplary service Walston showed as a public servant and extended their gratitude to all their veterans, and eagerly awaited the safe return of all those deployed. Town Manager Banger presented the flag and certificate to the Mayor and Town Council. Report from the COUNCIL. Councilmember Bongiovanni explained the Dementia-friendly initiative application would be completed soon and training would start for staff and community businesses to have Gilbert recognized as a Dementia-friendly Town. He added that Gilbert Parks and Recreation would hold two 14 neighborhood outreach events for Gilbert Regional Park's next phases of development in September 2024. The events were free and open to the public. Councilmember Koprowski spoke about the Dementia-friendly initiative and explained it was an alliance formed between employees, community leaders, healthcare professionals, caregivers, and individuals living with Dementia. She stated the Gilbert Symphony Orchestra provided free Dementia-friendly concerts for community members of all ages and what made it an inclusive and supportive environment for all. Report from the MAYOR Mayor Peterson spoke about the Williamsfield High School First Responders night, and those in attendance went onto the football field to join the team captains when they kicked off the game. She shared a video from that evening and recognized Lieutenant Rangel who tossed the coin for the game. She thanked Athletic Director Darrell Stangle for putting the event together yearly. She shared the Mayor’s Report noting the meetings and events she attended from August 20th through September 9th. She announced that the Government Finance Officers Association of the United States and Canada had awarded a Certificate of Achievement for Excellence in Financial Reporting to the Town of Gilbert for its annual comprehensive financial report for the fiscal year that ended June 30, 2023. She noted it was the 33rd year in a row that Gilbert had received the award and thanked the Team for their efforts to ensure the Town was well represented. She concluded with an announcement regarding World Suicide Prevention Day and provided information on how to seek help if you or someone you knew needed support. Councilmember Koprowski mentioned the Town of Gilbert 9/11 Memorial ceremony that would happen the following day and gave details on the event. ADJOURN A MOTION was made by Vice Mayor Anderson to adjourn the meeting. Motion carried. 15 Mayor Peterson adjourned the meeting at 8:23 p.m. ATTEST: ___________________________ ___________________________________ Brigette Peterson, Mayor Chaveli Herrera, Town Clerk 16 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 10th day of September, 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 17