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Council Regular/Special Meeting

Special Meeting

Gilbert, AZ · September 24, 2024

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Minutes

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF TUESDAY, SEPTEMBER 24, 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: Assistant Town Manager Mary Goodman, Town Clerk Chaveli Herrera, Town Attorney Christopher Payne, Youth and Adult Resources Manager Keith Bradshaw, Management Budget Analyst II Genesis Hart, Senior Planner Keith Newman, Volunteer and Community Resources Manager Melanie Dykstra, Economic Development Director Dan Henderson, Economic Development Deputy Director Jennifer Graves, Assistant to the Town Manager Allyna Bay, Assistant Town Engineer Ryan Blair, Police Chief Michael Soelberg, Management, and Office of Management and Budget Director Kelly Pfost AGENDA ITEM CALL TO ORDER Mayor Peterson called the meeting to order at 6:34 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Jay Deskins of Chalice Christian Church gave the invocation. Vice Mayor Anderson led the Pledge of Allegiance ROLL CALL Town Clerk Herrera called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS 1 1. PROCLAMATION - Proclamation declaring the month of October as Domestic Violence Awareness Month. Youth and Adult Resources Manager Bradshaw highlighted October as Domestic Violence Awareness Month. Bradshaw identified himself as the Committee Chairman and discussed internal and external stakeholders, ways of recognizing abuse, and the 2024 theme of Heal, Hold, and Center. They noted Domestic Violence Awareness Night would be held October 24, 2024 from 5:00-7:00 p.m. outside the entrance of Municipal Building I, 50 E. Civic Center, then noted the forthcoming Victim Advocacy Center. Councilmember Tilque read a proclamation declaring October 2024 as Domestic Violence Awareness Month, and presented the proclamation to the following members of the Domestic Violence Awareness Month Planning Committee: Keith Bradshaw, Youth and Adult Resources Manager; Maria Bushard, Youth and Adult Resources Counselor; Samantha Kluger, Winged Hope Board Member; Chelsey Kerchansky, Winged Hope Board President; Kylie Yanes, Winged Hope Board Member; Ndemezo Augustine, Senior Program Supervisor; and Todd Sullivan, Domestic Violence Prosecutor. 2. PROCLAMATION - Proclamation declaring September 18, 2024 as Pitt Hopkins Syndrome Awareness Day. Vice Mayor Anderson read a proclamation declaring September 18th, 2024 as Pitt Hopkins Syndrome Awareness Day. 3. PRESENTATION - Presentation of donation check by the Gilbert Parks and Recreation Foundation. Councilmember Bongiovanni received a donation check presented by members of the Gilbert Parks and Recreation Foundation. 4. PRESENTATION - Presentation of the Valley Benchmark Communities FY 2022- 2023 Trend Report. 2 Management Budget Analyst II Hart presented the Valley Benchmark Communities (VBC) FY 2022-2023 Trend Report. Hart stated that the VBC was comprised of the thirteen largest cities within Maricopa County, and that their purpose was to improve local government performance in Arizona. They indicated based on various metrics the ways Gilbert compared to the minimum, median, and maximum rates across the VBC. Councilmember Bongiovanni asked if the Town’s property crime rates were roughly half of the median, and Hart confirmed that was accurate. 5. RECOGNITION- Recognition of Larry Taylor, Plan Review and Inspection Manager, for 30 years of service for the Town of Gilbert. Mayor Peterson recognized Plan Review and Inspection Manager Larry Taylor for his 30 years of service to the Town of Gilbert. PUBLIC HEARING Mayor Peterson opened the public hearing for items 6 and 7. 6. ZONING Z24-04 - conduct hearing and consider approval of the findings and adoption of Ordinance No. 2917, by amending Ordinance No. 2884 pertaining to the Bella Storia Planned Area Development; amending the development plan, revising conditions of approval, reconfiguring the zoning boundaries and revising the acreages of the Single Family Detached (SF-D) zoning district from 23.6 acres to 23.5 acres and the Single Family Attached (SF-A) zoning district from 8.5 acres to 8.6 acres, on approximately 32.19 acre portion of a 76.44 acre development of real property located at the northwest corner of Power and Williams Field Roads. Councilmember Buchli requested a presentation. Senior Planner Keith Newman spoke about the subject site of the Planned Area Development (PAD). They described that the proposed change to the development plan would shift a portion of the residential section of parcels to make it more of a 90 degree angle, as opposed to the more acute angle of the existing development plan. Councilmember Buchli asked if the change was this minor, or if there was any larger zoning change. Newman confirmed that any amount of changes had to go in front of the Council, and there were no larger 3 zoning changes. Councilmember Koprowski asked about the phasing plan being changed to Phase 1, and what it changed from. Newman answered that originally Phase 1 was not only the Single Family Residential section, but also included landscaping improvements along Williams Field Road and Power Road. He went on to say that the proposed change would leave the Single Family section as Phase 1, but that the landscaping improvements along Williams Field Road and Power Road could be done during Phases 2 and 3, as determined by Town Staff. A MOTION was made by Councilmember Buchli, seconded by Councilmember Bongiovanni, to approve public hearing item 6. Motion carried 7-0. Ordinance No. 2917 was adopted. 7. BUDGET – consider: a) adoption of Resolution No. 4509, increasing the Workers’ Compensation Fund internal loan by $1,000,000; and b) approval of contingency in the Workers’ Compensation Fund of $1,700,000 to provide budget authorization sufficient to post the Incurred But Not Reported (IBNR) entry for Fiscal Year (FY) 2024. Councilmember Buchli requested a presentation. Office of Management and Budget Director Pfost stated that the Town was self-funded for Gilbert’s workers compensation fund, and that at the end of the year there was a report done that looked at what claims had been incurred but not reported. She said that this was done so that the money could be set aside in advance of the claim being made. Pfost claimed that the report was much higher than anticipated, and that was due to increased claim costs and a state law change that made the Town responsible for the first $2 million of cancer claims. She indicated that previously the Council had approved an internal loan of $1.3 million to help with a prior fund shortfall, and that this request was to expand this loan by another $1 million. Councilmember Buchli asked if these funds came from the General Fund, and Pfost responded that they came from all funds, with a rate paid per employee each pay period. A MOTION was made by Councilmember Tilque, seconded by Councilmember Koprowski, to approve public hearing item 7. Motion carried 7-0. Resolution No. 4509 was adopted. 4 CONSENT CALENDAR A MOTION was made by Vice Mayor Anderson, seconded by Councilmember Tilque, to approve Consent Items 8, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 26, 27, 29, and 30; remove Items 9, 10, 13A, 13B, 25, and 28 from the Consent Calendar; add Item 31 to the Consent Calendar reappointing Cassandra Updike to the Redevelopment Commission with a term beginning November 1, 2024 and ending October 31, 2028; and add Item 32 to the Consent Calendar reappointing Anthony Panepinto the Self-Insured Trust Board with a term beginning October 1, 2024 and ending September 30, 2027. Motion carried 7-0. 8. AGREEMENT – consider adoption of Resolution No. 4508 approving an Agreement to Share Costs for the Feasibility Studies and Testing of the 91st Avenue Advanced Water Purification Facility Agreement No. 325000042 with the City of Phoenix, City of Glendale, City of Mesa, City of Scottsdale, and Epcor Water Arizona, Inc., for Feasibility Studies and Testing of the 91st Avenue Advanced Water Purification Facility, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 4508 was adopted. 9. AGREEMENT – consider approval of: a) Amendment No. 4 to Intergovernmental Agreement No. 321000123 with Maricopa County Administered by its Human Services Department in an amount not to exceed $2,385,366, which includes an increase of $305,491 for Gilbert's annual HOME funding allocation; and b) Amendment No. 7 to Developer Agreement Contract No. 319001038 with Affordable Rental Movement of Save the Family for the Home Investment Partnerships Program (HOME) in an amount not to exceed $336,912 utilizing 2024 HOME Investment Partnership Funds, and authorize the Mayor to execute the required documents. Volunteer and Community Resources Manager Dykstra gave a presentation on the HOME Investment Partnership Program, adding HOME funds were designed to assist local government and non-profits with the creation and retention of affordable housing. She stated that of the eligible activities, 5 Gilbert utilized HOME funds to purchase and rehabilitate units for rental housing (Permanent Affordable Rental). Dykstra said they received funds through the Maricopa HOME Consortium, as Gilbert was not eligible to have received those funds directly, and in turn the Maricopa HOME Consortium received their funds through the U.S. Department of Housing and Urban Development (HUD). She listed the nine municipalities that made up the Maricopa HOME Consortium, and said that through a formula, Gilbert received their allocation. Dykstra stated that Gilbert used their allocation to purchase one additional home, which was contracted out through a non-profit organization called ARM of Save the Family, who were in turn required to have a 25% match of funds. She indicated that those who moved in and rented from these homes were eligible based on income, and that currently 21 homes in Gilbert had been purchased through the HOME program. She said that through the process they secured a Deed of Trust and a Promissory Note, which allowed them to monitor a 15-year affordability period, and also monitor the income eligibility of those renting. Councilmember Torgeson asked what the requirements for the home were at the end of the 15-year period. Dykstra said that the affordability period has ended, and at that point ARM of Save the Family may as Gilbert for the Deed of Trust, so that they may add the home to their own organization’s portfolio. Mayor Peterson said that after gaining control of the home, ARM of Save the Family would likely go on to help another family. Dykstra concurred, stating that ARM of Save the Family was known to continue the program, and that they were one of the only organizations that did that type of model and allowed for Permanent Affordable Housing across the Valley. Councilmember Torgeson indicated that his only concern was that he had seen something years ago of a similar situation, where the organization that took over the home after the 15-year period sold the home for a profit. He said that maybe not at this moment, but in the future he wanted to make sure that the program would go on in perpetuity, and not for a profit. Mayor Peterson said that would have to be a discussion with Maricopa County. A MOTION was made by Councilmember Koprowski, seconded by Councilmember Buchli, to approve Item 9. Motion carried 7-0. 10. AGREEMENT – consider approval of Greater Phoenix Economic Council 6 Agreement, Contract No. 325000046 with the Greater Phoenix Economic Council (GPEC) for Fiscal Year 2024-2025 in an amount not to exceed $137,307, and authorize the Mayor to execute the required documents. Economic Development Deputy Director Graves gave a brief history of the Greater Phoenix Economic Council (GPEC), stating its purpose was to attract and grow quality businesses and advocate for the competitiveness of Greater Phoenix. She said that there were 22 member communities within GPEC, and that Gilbert had been a member since 1991. She stated that the amount of money Gilbert had to contribute to GPEC was based on population. Graves stated that for their Office of Economic Development, GPEC sourced between 30% and 40% of their leads annually. She claimed that over the last five fiscal years, the partnership with GPEC had brought in 500 announced jobs, $36 direct revenue for every $1 invested, $77 total revenue for every $1 invested, $390.3 million in new consumer spending, and $23.5 million in direct Gilber revenue. A MOTION was made by Councilmember Torgeson, seconded by Councilmember Koprowski, to approve Item 9. Motion carried 7-0. 11. AGREEMENT – consider approval of: a) Agreement for Services Agreement No. 325000034 with Southwest Slurry Seal, LLC., in an amount not to exceed $1,500,000 for the Micro Seal Services; and b) Agreement for Services Agreement No. 324000302 with Talis Construction Corporation in an amount not to exceed $1,500,000 for the Micro Seal Services, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 12. AGREEMENT – consider approval of Agreement for Services Agreement No. 324000350 with DBC Cleaning Company, LLC., in an amount not to exceed $175,000 for the Custodial Maintenance Services - Parking Garages and Heritage District, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 7 13. AGREEMENT – consider approval of Guaranteed Maximum Price (GMP) No. 1 to Agreement for Design-Build Services Contract No. 324000271 with Shade 'N Net in an amount not to exceed $209,079.40 for shade structures, CIP Project No. PR1345, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 13A. AGREEMENT – consider approval of: a) adoption of Resolution No. 4511 approving Fee Reimbursement Agreement No. 325000112 with Gigapower, LLC, a Delaware limited liability company, to reimburse the Town of Gilbert for required Utility Locate and Inspection Services in an amount of up to $825,857 annually for the duration of their build project in Gilbert, and authorize the Mayor to execute the required documents; and b) contingency funding for four LTA positions consisting of two Utility Locators and two Engineering Inspectors that will provide the Town with the additional support necessary for required services for Gigapower; funding will be reimbursed by Gigapower, LLC, in accordance with the Reimbursement Agreement. A MOTION was made by Councilmember Bongiovanni, seconded by Vice Mayor Anderson, to approve item 13A. Motion carried 7-0. Resolution No. 4511 was adopted. 13B. AGREEMENT – consider adoption of Resolution No. 4512 approving Conduit License Agreement No. 325000113 between the Town of Gilbert and Gigapower, LLC, a Delaware limited liability company, providing the Town with the ability to lease unused portions of Town-owned fiber conduit to Gigapower, LLC as they complete a project to deliver fiber broadband service options to the residents of Gilbert; and authorize the Mayor to execute the required documents. Councilmember Bongiovanni asked for clarification on the lease, and whether or not it would be guaranteed over the 20-year period. Assistant to the Town Manager Bay responded that there were opt out provisions for both the Town and Gigapower based on certain criteria, but the term of the lease was 20 years, with optional renewal terms thereafter. 8 A MOTION was made by Councilmember Bongiovanni, seconded by Councilmember Torgeson, to approve item 13B. Motion carried 7-0. Resolution No. 4512 was adopted. 14. CONTRACT– consider approval of the Construction Phase No.1 – Guaranteed Maximum Price (GMP) No. 1 to Contract No. 325000077 with Achen-Gardner Construction, LLC in an amount not to exceed $1,538,406.30 for Transmission Main Assessment & Rehabilitation - Phase 3, CIP Project No. WA1614, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 15. CONTRACT – consider approval of Construction Phase 2-Guaranteed Maximum Price (GMP) No. 2 to Contract No. 324000342 with Felix Construction Company in an amount not to exceed $4,836,943.01 for the Site 33 Well Development, Project No. WA0800, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 16. CONTRACT – consider approval of Task Order No. 13 to Job Order Contract (JOC) Contract No. 323000238 with CS Construction in an amount not to exceed $220,830 for Boston and Val Vista Intersection, CIP Project No. TS1948, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 17. CONTRACT – consider approval of: a) Project Management/Construction Management (PM/CM) Services Contract for Construction-Manager-At-Risk (CM@R) Job Order Contract (JOC) Project Contract No. 324000358 with Consor Engineers, LLC., in an amount not to exceed $107,260 for the Val Vista/Mercy Improvements Project, CIP Project No. ST1970, 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 $22,260. 9 This item was approved with the Consent Calendar vote. 18. CONTRACT – consider approval of Job Order No. 2 to Job Order Contract (JOC) Contract No. 324000147 with Archer Western Construction, LLC in an amount not to exceed $204,381.73 for South Recharge Phase II Repairs, Project No. WW0770, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 19. CONTRACT – consider approval of Project Management/Construction Management (PM/CM) Services Contract for Job Order Contract (JOC) Project Contract No. 325000027 with Consor North America in an amount not to exceed $270,394.32 for Layton Lakes and Crossroads Lift Stations Upgrades, CIP Project No. WW1251, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 20. CONTRACT – consider approval of Job Order No. 1 to Job Order Contract (JOC) Contract No. 324000147 with Archer Western Construction, LLC, in an amount not to exceed $487,059.94 for Neely Water Reclamation Plant (WRP) Odor Control Replacement Project, CIP Project No. WW1130, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 21. CONTRACT – consider approval of Purchase Order Contract No. 324000445 with Dell Marketing LP, utilizing State of Arizona Contract No. CTR068890, in an amount not to exceed $1,900,000 for four (4) fiscal years pending annual budget approval for the laptops, desktops, servers, and peripherals, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 22. CONTRACT – consider approval of Job Order Contract (JOC) Contract No. 324000244 with Nesbitt Contracting Corporation in an amount not to exceed $20,000,000 annually, with a maximum amount of each Job Order Task not to 10 exceed $5,000,000, for Streets Transportation Construction Services, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 23. CONTRACT – consider approval of Purchase Order Contract No. 325000083 with Advanced Network Management Inc., dba ANM, utilizing State of Arizona Contract No. CTR059864, in an amount not to exceed $500,000 for the IT infrastructure hardware, software, licensing and professional services support, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 24. CHANGE ORDER – consider approval of Change Order No. 3 to Contract No. 323000078 with Hill International, Inc. increasing the contract amount by $82,292 for Advocacy Center, CIP Project No. MF2490, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 25. CHANGE ORDER – consider approval of: a) Change Order No. 2 to Contract No. 324000214 with J2 Engineering and Environmental Design LLC., increasing the contract amount by $224,406 for Urban Lakes Renovation, Project No. PR0570, and authorize the Mayor to execute the required documents; and b) General Replacement Fund contingency in the amount of $224,406. Assistant Town Engineer Blair stated that in 2016 there was an assessment of all the lakes within Gilbert, and part of this project was to use some of the Fiscal Year 2025 (FY25) budget to update that assessment. There was an updated assessment done of the 13 lakes within Gilbert, and as part of it the first priority would be Cosmo lake, with this Change Order being to start the design and post-design services to begin construction of improvements. Councilmember Buchli asked for clarification that this assessment was of the urban lake owned by the Town of Gilbert, and not any aesthetic lakes, which Blair confirmed. 11 Vice Mayor Anderson asked if fish habitat was part of the assessment. Blair responded that they could get that information. A MOTION was made by Councilmember Buchli, seconded by Councilmember Koprowski, to approve item 25. Motion carried 7-0. 26. CHANGE ORDER – consider approval of: a) Change Order No. 1 to Contract No. 324000090 with Consultant Engineering, Inc. (CEI) increasing the contract amount by $43,120 for 148th Street- Spur to Appleby, CIP Project No. ST2111, and authorize the Mayor to execute the required documents; and b) CIP Contingency with Roadway and Maintenance Fund as the designated funding source, in the amount of $43,120. This item was approved with the Consent Calendar vote. 27. CHANGE ORDER – consider approval of: a) Change Order No. 2 to Contract No. 323000216 with Bestway Electric Motor Service Co. Inc., increasing the contract amount by $154,973.90 for Irrigation Pump Station Replacements, and authorize the Mayor to execute the required documents; and b) a General Replacement Fund contingency transfer of $101,263. This item was approved with the Consent Calendar vote. 28. GRANT – consider: a) application and acceptance of a grant, Contract No. 325000061, from the Governor's Office of Highway Safety Fiscal Year (FY) 2025 in the amount of $110,00 for DUI Enforcement; b) application and acceptance of a grant, Contract No. 325000062, from the Governor's Office of Highway Safety Fiscal Year (FY) 2025 in the amount of $6,676, for Pedestrian and Bicycle Safety Overtime; 12 c) application and acceptance of a grant, Contract No. 325000063, from the Governor's Office of Highway Safety Fiscal Year (FY) 2025 in the amount of $22,018, for Accident Investigation Training and Related Materials and Supplies; d) application and acceptance of a grant, Contract No. 325000064, from the Governor's Office of Highway Safety Fiscal Year (FY) 2025 in the amount of $80,000, for STEP Enforcement Overtime, Materials and Supplies; and e) approval of Fiscal Year (FY) 2025 Grant Fund contingency in the amount of $218,694. Police Chief Soelberg stated that the funds for the Governor’s Office of Highway Safety come through fees collected in the courts for Driving Under the Influence (DUI) convictions. These funds were then distributed back to cities and towns to combat DUI, traffic and safety issues. He said that they reported quarterly about the monies used and the successes of them about either education or enforcement of the previously mentioned issues. Each of the four grants related to either enforcement, education, or both. Councilmember Torgeson asked if there were any performance requirements other than the quarterly reports. Soelberg said that there were not any quotas, but that they did need to show that there was productivity with enforcement, and that they reported number of stops, arrests, and DUIs. A MOTION was made by Councilmember Buchli, seconded by Councilmember Koprowski, to approve item 28. Motion carried 7-0. 29. STREETS - consider adoption of Resolution No. 4510 to approve a street name change from South Dewdrop Lane to South Dew Drop Lane in Power Ranch Neighborhood 7 Phase 2. This item was approved with the Consent Calendar vote. Resolution No. 4510 was adopted. 30. MINUTES – consider approval of the minutes of Regular Meeting of September 13 10, 2024, Study Session of September 10, 2024, and Special Meeting of September 9, 2024. This item was approved with the Consent Calendar vote. ADMINISTRATIVE ITEMS 31. BOARDS AND COMMISSIONS – consider appointment of one (1) regular member to the Redevelopment Commission with a term beginning November 1, 2024 and ending October 31, 2028. This item was approved with the Consent Calendar vote. Cassandra Updike was reappointed to the Redevelopment Commission with a term beginning November 1, 2024 and ending October 31, 2028. 32. BOARDS AND COMMISSIONS – consider reappointment of Anthony Panepinto to the Self-Insured Trust Board with a term beginning October 1, 2024 and ending September 30, 2027. This item was approved with the Consent Calendar vote. Anthony Panepinto was reappointed the Self-Insured Trust Board with a term beginning October 1, 2024 and ending September 30, 2027. 33. COUNCIL ADMINISTRATION- Discussion and update from the Community Engagement Task Force. Councilmember Tilque reported that the Community Engagement Task Force had their monthly meeting and received a report from the Maricopa County Attorney’s Office about their Report, Don’t Repost Campaign. She also mentioned that the County Attorney’s Office was going to introduce legislation next session regarding swarming, which was where a group of people were fighting an individual person, moving it from a felony 6 to a felony 4, and thus opening it up to increased punishments. Councilmember Tilque also stated that they got a preview from Dr. Dustin Pardini of Arizona State University with Gilbert’s results of the Arizona Youth survey. She said that based on those results, it was evident that Gilbert would have to partner with several organizations to address issues facing youth. She stated their next 14 meeting would focus on the Parks and Recreation department, what programs they currently offered, and what possible gaps they had with teen activities. Mayor Peterson discussed the Report, Don’t Repost Campaign and said that while geared towards teens, everyone could benefit from reporting a post rather than reposting. COMMUNICATIONS FROM CITIZENS Charisia Arnold, Gilbert resident, discussed the lack of teen activities. She said the high schools were very competitive, and outside of school the only organization that had sports could be prohibitively expensive. This then could leave a lot of teens out with no other structured activity that might help them keep themselves out of trouble. She wanted the Parks and Recreation budget to have some way to have junior high and high school teens involved. Scott Meyers donated time to Bridget Vega. Bridget Vega, Gilbert resident, discussed Preston Lord Day, and requested that the Town return to having weekly press conferences about the teen violence within the community. She cited a number of statistics from the Youth Survey that were all indicators of risk factors of teens. She said she would like a community safety event. FUTURE MEETINGS  Scheduling follow up Study Session related to Meet and Confer o The entire Council spoke and came to a consensus of having a Special Study Session on October 8, 2024.  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. Assistant Town Manager Goodman congratulated Larry Taylor again for their retirement. Goodman also gave thanks to the police department, specifically Officers Noah Willis and Garbriel Quintana, who were given a commendation in handling a delicate situation involving an autistic individual. She also 15 congratulated Derek Jordan for receiving the Emergency Medical Services (EMS) Commendation Award from the National Society of the Sons American Revolution. She stated this award recognized individuals who made extraordinary contributions to the EMS field. Goodman also congratulated the Gilbert Information Technology (IT) Department who was named the winner of the 2024 Service to the Citizens Award in Category 4: Using Innovative Technologies to Deliver Simple, Seamless, and Secure Services. Report from the COUNCIL. Councilmember Bongiovanni said that there was a free Harvest in the Heritage Event Series on October 3rd with Viva, which would feature authentic Latin American Cuisine, businesses, and a variety of cultural entertainment. He said this event would begin north of Barrio Queen from 6:30 to 8:30 p.m. Councilmember Bongiovanni also invited people to the Gilbert Regional Park on October 12th for the first Sound Bites Music and Food Festival beginning at 2:00 p.m. Councilmember Buchli reported that the Office of Economic Development held a meeting with Tourism Action Group the previous week, which brought together Gilbert tourism businesses and included information on the economic impact on the Ladies Professional Golf Association (LPGA) Ford Championship and upcoming events and promotions. She further listed the following upcoming events: Harvest in the Heritage District, the Sound Bites Music and Food Festival, and Small Business Saturday on Thanksgiving weekend. Councilmember Koprowski gave an update that the Gilbert Symphony Orchestra would be playing at the Higley Center on October 12th at 3:00 p.m., and on October 24th at 6:00 p.m. Gilbert Sisters Cities would be hosting their Night at the Garden Event. She also informed that there were two Public Works Advisory Board meetings upcoming, one on October 14th, the other October 28th, both at 3:00 p.m., where they would be hearing presentations on wastewater rates. She stated that the Council would have their Fall Retreat on November 20th and 21st. Report from the MAYOR. Mayor Peterson stated that through their drone robotics program, the Gilbert Fire Department was able to assist the Phoenix Fire Department on 16 two occasions recently. She recognized the passing of Sheila Uggetti, who had dedicated over 50 years to public education, 40 of those years to Gilbert students. She also listed her schedule from the prior two weeks, which listed 23 meetings. Mayor Peterson also encouraged voters to start their voting by working at the end of the ballot, where the Gilbert ballot issues would be located, and for people to vote the whole ballot more broadly. ADJOURN A MOTION was made by Councilmember Buchli, seconded by Councilmember Tilque, to adjourn the meeting. The meeting adjourned at 8:34 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 24th 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

Agenda

Council Meeting Agenda September 24, 2024 Brigette Peterson, Mayor ● Scott Anderson, Vice Mayor Chuck Bongiovanni ● Bobbi Buchli ● Yung Koprowski ● Kathy Tilque ● Jim Torgeson Members may attend in person, by telephone or video communications. 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. ADDENDUM CONSENT CALENDAR 13A AGREEMENT – consider approval of: a) adoption of Resolution No. 4511 approving Fee Reimbursement Agreement No. 325000112 with Gigapower, LLC, a Delaware limited liability company, to reimburse the Town of Gilbert for required Utility Locate and Inspection Services in an amount of up to $825,857 annually for the duration of their build project in Gilbert, and authorize the Mayor to execute the required documents; and b) contingency funding for four LTA positions consisting of two Utility Locators and two Engineering Inspectors that will provide the Town with the additional support necessary for required services for Gigapower; funding will be reimbursed by Gigapower, LLC, in accordance with the Reimbursement Agreement. 13B AGREEMENT – consider adoption of Resolution No. 4512 approving Conduit License Agreement No. 325000113 between the Town of Gilbert and Gigapower, LLC, a Delaware limited liability company, providing the Town with the ability to lease unused portions of Town-owned fiber conduit to Gigapower, LLC as they complete a project to deliver fiber broadband service options to the residents of Gilbert; and authorize the Mayor to execute the required documents. AGENDA ITEM CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE The invocation may be offered by a person of any religion, faith, belief or non- belief, as well as Councilmembers. A list of volunteers is maintained by the Town Clerk and interested persons should contact the Clerk for further information. Invocation by Reverend Jay Deskins of Chalice Christian Church. Pledge of Allegiance. ROLL CALL PRESENTATIONS; PROCLAMATIONS 1 PROCLAMATION - Proclamation declaring the month of October as Domestic Violence Awareness Month. 2 PROCLAMATION - Proclamation declaring September 18, 2024 as Pitt Hopkins Syndrome Awareness Day. 3 PRESENTATION - Presentation of donation check by the Gilbert Parks and Recreation Foundation. 4 PRESENTATION - Presentation of the Valley Benchmark Communities FY 2022-2023 Trend Report. 5 RECOGNITION- Recognition of Larry Taylor, Plan Review and Inspection Manager, for 30 years of service for the Town of Gilbert. 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. 6 ZONING Z24-04 - conduct hearing and consider approval of the findings and adoption of Ordinance No. 2917, by amending Ordinance No. 2884 pertaining to the Bella Storia Planned Area Development; amending the development plan, revising conditions of approval, reconfiguring the zoning boundaries and revising the acreages of the Single Family Detached (SF-D) zoning district from 23.6 acres to 23.5 acres and the Single Family Attached (SF-A) zoning district from 8.5 acres to 8.6 acres, on approximately 32.19 acre portion of a 76.44 acre development of real property located at the northwest corner of Power and Williams Field Roads. 7 BUDGET – consider: a) adoption of Resolution No. 4509, increasing the Workers’ Compensation Fund internal loan by $1,000,000; and b) approval of contingency in the Workers’ Compensation Fund of $1,700,000 to provide budget authorization sufficient to post the Incurred But Not Reported (IBNR) entry for Fiscal Year (FY) 2024. 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. 8 AGREEMENT – consider adoption of Resolution No. 4508 approving an Agreement to Share Costs for the Feasibility Studies and Testing of the 91st Avenue Advanced Water Purification Facility Agreement No. 325000042 with the City of Phoenix, City of Glendale, City of Mesa, City of Scottsdale, and Epcor Water Arizona, Inc., for Feasibility Studies and Testing of the 91st Avenue Advanced Water Purification Facility, and authorize the Mayor to execute the required documents. 9 AGREEMENT – consider approval of: a) Amendment No. 4 to Intergovernmental Agreement No. 321000123 with Maricopa County Administered by its Human Services Department in an amount not to exceed $2,385,366, which includes an increase of $305,491 for Gilbert's annual HOME funding allocation; and b) Amendment No. 7 to Developer Agreement Contract No. 319001038 with Affordable Rental Movement of Save the Family for the Home Investment Partnerships Program (HOME) in an amount not to exceed $336,912 utilizing 2024 HOME Investment Partnership Funds, and authorize the Mayor to execute the required documents. 10 AGREEMENT – consider approval of Greater Phoenix Economic Council Agreement, Contract No. 325000046 with the Greater Phoenix Economic Council (GPEC) for Fiscal Year 2024-2025 in an amount not to exceed $137,307, and authorize the Mayor to execute the required documents. 11 AGREEMENT – consider approval of: a) Agreement for Services Agreement No. 325000034 with Southwest Slurry Seal, LLC., in an amount not to exceed $1,500,000 for the Micro Seal Services; and b) Agreement for Services Agreement No. 324000302 with Talis Construction Corporation in an amount not to exceed $1,500,000 for the Micro Seal Services, and authorize the Mayor to execute the required documents. 12 AGREEMENT – consider approval of Agreement for Services Agreement No. 324000350 with DBC Cleaning Company, LLC., in an amount not to exceed $175,000 for the Custodial Maintenance Services - Parking Garages and Heritage District, and authorize the Mayor to execute the required documents. 13 AGREEMENT – consider approval of Guaranteed Maximum Price (GMP) No. 1 to Agreement for Design-Build Services Contract No. 324000271 with Shade 'N Net in an amount not to exceed $209,079.40 for shade structures, CIP Project No. PR1345, and authorize the Mayor to execute the required documents. 14 CONTRACT– consider approval of the Construction Phase No.1 - Guaranteed Maximum Price (GMP) No. 1 to Contract No. 325000077 with Achen-Gardner Construction, LLC in an amount not to exceed $1,538,406.30 for Transmission Main Assessment & Rehabilitation - Phase 3, CIP Project No. WA1614, and authorize the Mayor to execute the required documents. 15 CONTRACT – consider approval of Construction Phase 2-Guaranteed Maximum Price (GMP) No. 2 to Contract No. 324000342 with Felix Construction Company in an amount not to exceed $4,836,943.01 for the Site 33 Well Development, Project No. WA0800, and authorize the Mayor to execute the required documents. 16 CONTRACT – consider approval of Task Order No. 13 to Job Order Contract (JOC) Contract No. 323000238 with CS Construction in an amount not to exceed $220,830 for Boston and Val Vista Intersection, CIP Project No. TS1948, and authorize the Mayor to execute the required documents. 17 CONTRACT – consider approval of: a) Project Management/Construction Management (PM/CM) Services Contract for Construction-Manager-At-Risk (CM@R) Job Order Contract (JOC) Project Contract No. 324000358 with Consor Engineers, LLC., in an amount not to exceed $107,260 for the Val Vista/Mercy Improvements Project, CIP Project No. ST1970, 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 $22,260. 18 CONTRACT – consider approval of Job Order No. 2 to Job Order Contract (JOC) Contract No. 324000147 with Archer Western Construction, LLC in an amount not to exceed $204,381.73 for South Recharge Phase II Repairs, Project No. WW0770, and authorize the Mayor to execute the required documents. 19 CONTRACT – consider approval of Project Management/Construction Management (PM/CM) Services Contract for Job Order Contract (JOC) Project Contract No. 325000027 with Consor North America in an amount not to exceed $270,394.32 for Layton Lakes and Crossroads Lift Stations Upgrades, CIP Project No. WW1251, and authorize the Mayor to execute the required documents. 20 CONTRACT – consider approval of Job Order No. 1 to Job Order Contract (JOC) Contract No. 324000147 with Archer Western Construction, LLC, in an amount not to exceed $487,059.94 for Neely Water Reclamation Plant (WRP) Odor Control Replacement Project, CIP Project No. WW1130, and authorize the Mayor to execute the required documents. 21 CONTRACT – consider approval of Purchase Order Contract No. 324000445 with Dell Marketing LP, utilizing State of Arizona Contract No. CTR068890, in an amount not to exceed $1,900,000 for four (4) fiscal years pending annual budget approval for the laptops, desktops, servers, and peripherals, and authorize the Mayor to execute the required documents. 22 CONTRACT – consider approval of Job Order Contract (JOC) Contract No. 324000244 with Nesbitt Contracting Corporation in an amount not to exceed $20,000,000 annually, with a maximum amount of each Job Order Task not to exceed $5,000,000, for Streets Transportation Construction Services, and authorize the Mayor to execute the required documents. 23 CONTRACT – consider approval of Purchase Order Contract No. 325000083 with Advanced Network Management Inc., dba ANM, utilizing State of Arizona Contract No. CTR059864, in an amount not to exceed $500,000 for the IT infrastructure hardware, software, licensing and professional services support, and authorize the Mayor to execute the required documents. 24 CHANGE ORDER – consider approval of Change Order No. 3 to Contract No. 323000078 with Hill International, Inc. increasing the contract amount by $82,292 for Advocacy Center, CIP Project No. MF2490, and authorize the Mayor to execute the required documents. 25 CHANGE ORDER – consider approval of: a) Change Order No. 2 to Contract No. 324000214 with J2 Engineering and Environmental Design LLC., increasing the contract amount by $224,406 for Urban Lakes Renovation, Project No. PR0570, and authorize the Mayor to execute the required documents; and b) General Replacement Fund contingency in the amount of $224,406. 26 CHANGE ORDER – consider approval of: a) Change Order No. 1 to Contract No. 324000090 with Consultant Engineering, Inc. (CEI) increasing the contract amount by $43,120 for 148th Street- Spur to Appleby, CIP Project No. ST2111, and authorize the Mayor to execute the required documents; and b) CIP Contingency with Roadway and Maintenance Fund as the designated funding source, in the amount of $43,120. 27 CHANGE ORDER – consider approval of: a) Change Order No. 2 to Contract No. 323000216 with Bestway Electric Motor Service Co. Inc., increasing the contract amount by $154,973.90 for Irrigation Pump Station Replacements, and authorize the Mayor to execute the required documents; and b) a General Replacement Fund contingency transfer of $101,263. 28 GRANT – consider: a) application and acceptance of a grant, Contract No. 325000061, from the Governor's Office of Highway Safety Fiscal Year (FY) 2025 in the amount of $110,00 for DUI Enforcement; b) application and acceptance of a grant, Contract No. 325000062, from the Governor's Office of Highway Safety Fiscal Year (FY) 2025 in the amount of $6,676, for Pedestrian and Bicycle Safety Overtime; c) application and acceptance of a grant, Contract No. 325000063, from the Governor's Office of Highway Safety Fiscal Year (FY) 2025 in the amount of $22,018, for Accident Investigation Training and Related Materials and Supplies; d) application and acceptance of a grant, Contract No. 325000064, from the Governor's Office of Highway Safety Fiscal Year (FY) 2025 in the amount of $80,000, for STEP Enforcement Overtime, Materials and Supplies; and e) approval of Fiscal Year (FY) 2025 Grant Fund contingency in the amount of $218,694. 29 STREETS - consider adoption of Resolution No. 4510 to approve a street name change from South Dewdrop Lane to South Dew Drop Lane in Power Ranch Neighborhood 7 Phase 2. 30 MINUTES – consider approval of the minutes of Regular Meeting of September 10, 2024, Study Session of September 10, 2024, and Special Meeting of September 9, 2024. ADMINISTRATIVE ITEMS Administrative Items are for Council discussion and action. 31 BOARDS AND COMMISSIONS – consider appointment of one (1) regular member to the Redevelopment Commission with a term beginning November 1, 2024 and ending October 31, 2028. 32 BOARDS AND COMMISSIONS – consider reappointment of Anthony Panepinto to the Self-Insured Trust Board with a term beginning October 1, 2024 and ending September 30, 2027. 33 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. - Scheduling follow up Study Session related to Meet and Confer - 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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