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Council Regular/Special Meeting

Special Meeting

Gilbert, AZ · November 19, 2024

AgendaMinutesPacket

Minutes

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF TUESDAY NOVEMBER 19, 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 (attended virtually), 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, Organizational Development Consultant I Andrew Hirsh, Assistant to the Town Manager Allyna Bay, Public Works Director Jessica Marlow, Police Chief Michael Soelberg, and Assistant Town Engineer Ryan Blair AGENDA ITEM CALL TO ORDER Mayor Peterson called the meeting to order at 6:33 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Anderson gave the invocation. Students of the Mayor’s Youth Advisory Committee led the Pledge of Allegiance. ROLL CALL Town Clerk Herrera called roll and declared a quorum present. Councilmember Koprowski arrived at 6:47 p.m. PRESENTATIONS; PROCLAMATIONS 1. PRESENTATION - Presentation recognizing the 2024 MVP Award nominees and winners for the Town of Gilbert. 1 Organizational Development Consultant Hirsh described the MVP Awards program and the four values of the Town of Gilbert. He then announced and introduced the following MVP winners: for the value of Driven, Marisa Morales of the Legal Prosecutor’s Office; for the value of Kind, Lauren Oxford of the Office of Digital Government; for the Value of Bold, Alicia Echeveste of the People Team; and for the Value of Humble, Daniel Henze of Public Works Environmental Compliance. 2. PROCLAMATION - Proclamation declaring Saturday, November 30, 2024 as Small Business Saturday. Mayor Peterson read a proclamation declaring Saturday, November 30, 2024 as Small Business Saturday and the presented the proclamation to Sarah Watts, President/CEO of the Gilbert Chamber of Commerce. 3. PROCLAMATION - Proclamation declaring the week of November 17- 24, 2024 as Gilbert Days and Rodeo. Mayor Peterson read a proclamation declaring the week of November 17-24, 2024 as Gilbert Days and Rodeo and presented the proclamation to members of the Gilbert Promotional Corporation and Gilbert Days Rodeo Royalty Court. PUBLIC HEARING Mayor Peterson opened the public hearing for items 4, 5, 6, 7 and 8. No one wished to speak and Mayor Peterson closed the public hearing. A MOTION was made by Councilmember Torgeson, seconded by Councilmember Bongiovanni, to approve public hearing items 4, 5, 6, 7, and 8. Motion carried 7-0. 4. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Alcohol License for Rubio's Fresh Mexican Grill #49 located at 884 West Warner Road, Unit 8. This item was approved with the Public Hearing Vote. 2 5. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Alcohol License for Rubio's Fresh Mexican Grill #217 located at 4770 East Ray Road. This item was approved with the Public Hearing Vote. 6. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Alcohol License for Harkins Santan Village 16 located at 2298 East Williams Field 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 Shy's Pizza & Wings located at 50 East Guadalupe Road, Unit 107. This item was approved with the Public Hearing vote. 8. PROPERTY ACQUISITION – conduct hearing and consider adoption of Resolution No. 4516 approving the acquisition of right-of-way and required easements for Parcel No. 304-97-038 for the Concrete Pipe Gravity Sewer Rehab, Project No. WW1060, for the negotiated amount of $25,813 plus statutory interest, acquisition, and closing costs. This item was approved with the Public Hearing vote. Resolution No. 4516 was adopted. CONSENT CALENDAR Before the Consent Calendar, staff provided the following information: Assistant to the Town Manager Bay discussed Items 9, 10, and 11, all related to fiber broadband in Gilbert. She noted the Town was not building its own fiber network, but many fiber broadband companies wanted to be in Gilbert. She said in Arizona those companies were recognized as utilities, as such, once they obtained a license at the state level, the could legally access rights-of-way. She said Items 9 and 10 were license agreements that established standards for permitting and inspection requirements, restoration requirements when work was conducted, and an annual fee 3 calculation for compensation to Gilbert for the space occupied within the rights-of-way; she noted the calculation was standard across all fiber license agreements and the amount was regulated by the state. She said Item 11 was related to the Gigapower Reimbursement Agreement the Council approved in September 2024; the item was the final piece to establish the contractual agreements with two inspection contractors to provide additional support for comprehensively inspecting the projects related to the Gigapower build. She added the contingency sought would be offset and fully reimbursed by Gigapower as the contracts were utilized. Public Works Director Marlow said Item 13 was for cooperative purchasing contracts for vehicle parts, supplies, and contracted maintenance service for fleet that primarily supported the Solid Waste Vehicle Repair and Maintenance, as well as Fire Heavy Equipment Apparatus Maintenance. She highlighted the importance of maintaining the vehicles to provide services. She said Item 14 was a Cooperative Contract for a replacement of street sweepers and discussed the contingency request and cost escalation. She said Item 20 was a task order for maintenance with the Santan Vista Water Treatment Plant, then said they had not taken that plant out of service for several years. She discussed the critical timing and factors needed for maintenance to be done. Lastly, she said Item 21 was a request for approval of contingency and contracts for Phase 3 Guaranteed Maximum Price (GMP) for the Wells Development Program. She added they were critical to water resiliency planning for the Colorado River shortage, the item was for multiple contractors working on seven different wells. She said three sites would be completed with this request and four more would have additional action from the Council in the future. She discussed timing and phasing of the projects. Police Chief Soelberg discussed Item 29, a grant from the Arizona Governor’s Office of Highway Safety (GOHS) for a Youth Alcohol Enforcement Contract. He said it would cover overtime expenses for education and enforcement, focus on underage drugs and alcohol, and provide resources to focus on responding to reports of unruly gatherings and common locations where youths congregate. Councilmember Torgeson spoke of his reasons for wanting the items to be discussed, stating things were being done consistently that would go under the radar if only approved through consent. He noted Item 29 was directed 4 at teens and expressed appreciation to the staff who presented during the consent agenda, then said there was no frivolity with the costs or need. Police Chief Soelberg provided information on Item 22, regarding construction of the Advocacy Center. He summarized the need for the Center, considerations for victims, crime trends, design, and features. Assistant Town Engineer Blair discussed the project timeline including the project design completion in September 2024 and procurement for construction from April-November 2024. He said American Rescue Plan Act (ARPA) funding of $22,951,878 was allocated to the Advocacy Center, which must be obligated (contract awarded) by December 31, 2024, with all ARPA funds expended by December 31, 2026 as a requirement by the Treasury. He summarized the federal procurement process, utilizing a Design-Bid-Build (DBB) process, and the bid process leading to the contract with Gilbane Building Company. He noted the groundbreaking and construction would begin January 2025. A MOTION was made by Vice Mayor Anderson, seconded by Councilmember Bongiovanni, to approve Consent Items 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, and 33. Motion carried 7-0. 9. AGREEMENT – consider adoption of Resolution No. 4517 approving Telecommunications License and Right-of-Way Use Agreement No. 325000175 with Cablevision Lightpath Communications for a fiber-based telecommunications network within certain public rights-of-way and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 10. AGREEMENT – consider adoption of Resolution No. 4518 approving Telecommunications License and Right-of-Way Use Agreement No. 325000174 with Bicentel, LLC for a fiber-based telecommunications network, within certain public rights-of-way and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 11. AGREEMENT – consider approval of the following agreements not to exceed the aggregate amount of $199,680: 5 a) Professional Consulting Services Agreement No. 325000179 with Gannett Fleming, Inc., for engineering inspection services and authorize the Mayor to execute the required documents; and b) Professional Consulting Services Agreement No. 325000180 with Horrocks LLC for engineering inspection services and authorize the Mayor to execute the required documents; and c) General Fund contingency in the amount of $199,680. This item was approved with the Consent Calendar vote. 12. AGREEMENT – consider approval of Cooperative Purchase Agreement No. 325000044 with Ancon Marine, Inc. dba Ancon Services utilizing City of Scottsdale Cooperative Purchasing Contract No. 022024-144 in an amount not to exceed $136,000 annually for 4 one-year renewals for supplemental sewer cleaning, vac-truck and camera services, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 13. AGREEMENT – consider approval of: a) Cooperative Purchase Agreement No. 325000137 with BTE Body Company, Inc., utilizing City of Phoenix Cooperative Purchasing Contract No. 154714 in an amount not to exceed $250,000 for Refuse Truck Parts; and b) Cooperative Purchase Agreement No. 324000472 with BTE Body Company, Inc., utilizing City of Phoenix Cooperative Purchasing Contract No. 158816 in an amount not to exceed $375,000 for Refuse Truck Repairs; and c) Cooperative Purchase Agreement No. 324000220 with Balar Holding Corp. dba Balar Equipment, utilizing City of Phoenix Cooperative Purchasing Contract No. 161205 in an amount not to exceed $388,00 for Vehicle/Equipment Parts and Repair Services; and d) Cooperative Purchase Agreement No. 325000144 with Hughes Fire Equipment, utilizing City of Phoenix Cooperative Purchasing Contract No. 161608 in an amount not to exceed $1,900,000 for Parts and Services; and 6 e) Cooperative Purchase Agreement No. 325000075 with Rush Truck Centers of Arizona, utilizing City of Mesa Cooperative Purchasing Contract No. 2022084 in an amount not to exceed $1,352,000 for Peterbilt Equipment Services, Parts and Repairs; and f) Cooperative Purchase Agreement No. 325000130 with W.W. Williams Company LLC, utilizing City of El Mirage Cooperative in an amount not to exceed $390,000 for Fire Apparatus Maintenance Repair Services and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 14. AGREEMENT – consider approval of: a) Cooperative Purchase Agreement No. 325000132 with Elgin Sweeper Company, Authorized dealer is Norwood Equipment of Phoenix utilizing Sourcwell Cooperative Purchasing Contract No. 093021-ELG in an amount not to exceed $2,100,000 for street sweepers & specialty sweepers, with related equipment, accessories, and supplies, and authorize the Mayor to execute the required documents; and b) Environmental Compliance Replacement Fund contingency in the amount of $124,000. This item was approved with the Consent Calendar vote. 15. AGREEMENT – consider approval of: a) Sub-Recipient Agreement No. 322000249 with the Maricopa County Department of Emergency Management for the Securing the Cities (STC) Program Grant in the award amount of $75,240 and authorize the Mayor to execute the required documents; and b) Grant fund contingency in the amount of $75,240. This item was approved with the Consent Calendar vote. 16. CONTRACT – consider approval of Architectural/Engineering (A/E) Services Contract for Construction Manager at Risk (CM@R) Project Contract 7 No. 324000463 with Kimley-Horn Inc., in an amount not to exceed $951,259 for the Somerton Blvd - Williams Field Road to Recker Road, CIP Project No. ST2130, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 17. CONTRACT – consider approval of Job Order No. 5 to Job Order Contract (JOC) Contract No. 320000231 with Hunter Contracting Company in an amount not to exceed $826,742.41 for Public Safety Training Facility (PSTF) Fire Training Loop Pressure and Flow Controls, CIP Project No. MF0400, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 18. CONTRACT – consider approval of Project Management/Construction Management (PM/CM) Services Contract for Construction-Manager-at-Risk (CM@R) Project Contract No. 325000146 with Tristar Engineering & Management in an amount not to exceed $158,590 for Irrigation System Replacement, CIP Project No. PR11160, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 19. CONTRACT – consider approval of expenditures under Contract No. 321000411 with Verizon Wireless in an amount not to exceed $2,216,000 to provide voice and data cellular services, peripherals, and related equipment 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. 20. CONTRACT – consider approval of Task Order No. 28 to Job Order Contract (JOC) Contract No. 320000098 with Felix Construction Company in an amount not to exceed $124,805.23 for rehabilitation projects for the Santan Vista Water Treatment Plant (WTP), and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 21. CONTRACT – consider approval of: 8 a) Construction Phase No. 3 - Guaranteed Maximum Price (GMP) No. 3 to Contract No. 324000218 with Felix Construction Company in an amount not to exceed $17,580,853 for Well Development Program, CIP Project Nos. WA0810, WA0880, WA1610 and WA1611; b) Construction Phase No. 3 - Guaranteed Maximum Price (GMP) No. 3 Contract No. 324000219 with Kiewit Infrastructure West, Co. in an amount not to exceed $14,988,068 for Well Development Program, CIP Project Nos. WA0270 and WA1609; c) Construction Phase No. 3 - Guaranteed Maximum Price (GMP) No. 2 Contract No. 324000219 with Kiewit Infrastructure West, Co. in an amount not to exceed $6,594,497 or Well Development Program, CIP Project No. WA1612, and authorize the Mayor to execute the required documents; d) CIP contingency in the amount of $9,000,000, with Water Fund as the designated funding source for WA0810, WA0880, WA1609, and WA1612; and e) CIP contingency in the amount of $2,750,000, with Water SDF as the designated funding source for WA0270. This item was approved with the Consent Calendar vote. 22. CONTRACT – consider approval of Construction Services Contract for Design-Bid-Build (DBB) Project Contract No. 324000464 with Gilbane Building Company in an amount not to exceed $21,624,935 for the Advocacy Center, CIP Project No. MF2490, 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- Guaranteed Maximum Price (GMP) No. 1 to Contract No. 324000176 with Haydon Building Corp. in an amount not to exceed $4,605,472.74 for Phase 2 of CIP Project No. ST1720; b) Change Order No. 1 to Contract No. 323000465 with Nfra Inc., increasing 9 the contract amount by $969,387 for Val Vista Lakes Improvements Phase 2, CIP Project No. ST1720, and authorize the Mayor to execute the required documents; and c) CIP contingency with Water Replacement Fund as the designated funding source in the amount of $5,574,860. This item was approved with the Consent Calendar vote. 24. CHANGE ORDER – consider approval of Change Order No. 1 to Contract No. 321000009 with Centurylink Communications LLC dba Lumen Technologies Group, increasing the contract amount by $623,136.58 to provide voice, call center, e911, voice mail services and equipment 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. 25. CHANGE ORDER – consider approval of Change Order No. 2 to Contract No. 321000026 with Goserco Inc., increasing the contract amount by $117,830 to maintain logging recorder for telephonic and radio recordings for the Police Dispatch Center Expansion, CIP Project No. MF2480 and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 26. CHANGE ORDER – consider approval of Change Order No. 1 to Contract No. 324000217 with Diversified Flooring Services – Phoenix LLC increasing the contract amount by $53,324.85 for flooring services & materials and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 27. GRANT – consider: a) acceptance of a grant, Contract No. 325000145, from The 100 Club of Arizona’s Safety Enhancement Stipend (SES) in an amount not to exceed $5,530 for two (2) drones and related equipment; and b) approval of FY 2025 Grant Fund contingency in the amount of $5,530 in 10 application and acceptance of the 100 Club of Arizona Safety Enhancement Grant. This item was approved with the Consent Calendar vote. 28. GRANT – consider: a) application and acceptance of a grant, Contract No. 325000141, from the Governor’s Office of Highway Safety (GOHS) DUI Abatement Grant funding in an amount not to exceed $30,000 and authorize the Town Manager to execute the required documents; and b) approval of FY 2025 Grant Fund contingency in the amount of $30,000, in acceptance of the 2024 GOHS DUI Abatement Grant funding - Contract #325000141/ DUIAC-E-192. This item was approved with the Consent Calendar vote. 29. GRANT – consider: a) application and acceptance of a grant, Contract No. 325000147, from Arizona Governor’s Office of Highway Safety (GOHS) Youth Alcohol Enforcement grant funding in the amount not to exceed $80,100 and authorize the Mayor to execute the required documents; and b) approval of Grant Fund contingency in the amount of $80,100 in application and acceptance of the GOHS Youth Alcohol Enforcement grant in the fiscal year in which the grant is received. This item was approved with the Consent Calendar vote. 30. BOARDS AND COMMISSIONS - consider removal of Angela Rogers from the Community Engagement Task Force. This item was approved with the Consent Calendar vote. 31. RISK MANAGEMENT - consider acceptance of the Risk Management Quarterly report for the Fiscal Year 2024-2025 Quarter 1. This item was approved with the Consent Calendar vote. 11 32. RISK MANAGEMENT - consider adoption of Resolution No. 4519 to authorize the Town Manager and the Town Attorney to initiate litigation and purse any necessary appeals against Cooley Black Canyon, LLC, Poco Ranch, Inc., JLC Family Investments, LLC, Czar Investments, LLC, K&L Holdings, LLC, First Place Holdings, LLC, First Place Holdings D.A.T., LLC, Par 5, LLC, and their respective predecessors, successors, and assigns, if necessary, to enforce its rights in an arbitration award regarding the purchase of property for Somerton Boulevard. This item was approved with the Consent Calendar vote. 33. MINUTES – consider approval of the minutes of Regular Council Meeting of October 22, 2024, Study Session of October 22, 2024 and Special Study Session of October 21, 2024. This item was approved with the Consent Calendar vote. ADMINISTRATIVE ITEMS 34. COUNCIL ADMINISTRATION- Discussion and update from the Community Engagement Task Force. Councilmember Tilque reported that the Task Force met on November 4, 2024 and participated in a facilitated compression planning exercise to capture ideas, resulting in 111 original ideas. She said those ideas were categorized into the categories of Education, Awareness, and Resources. She then thanked Facilitator Kathleen Dowler of Dignity Health. She said the next meeting would be December 9, 2024, and the group would be finalizing priorities by evaluating smart goals, level of impact, and the amount of work to accomplish the goals. She noted the Town Council could not mandate participation from others within the community, but said longstanding relationships would help the Town work together with others on the recommendations from the Task Force that would be presented to the Council on December 17, 2024. Mayor Peterson also acknowledged Kathleen Dowler for her service to the community. COMMUNICATIONS FROM CITIZENS Bridget Vega, Gilbert resident, thanked members of the Police Department 12 for meeting with her and for attending an event. She discussed the different ways teen violence could manifest itself and asked the Council and the Community Engagement Task Force to work with public schools. She addressed the Task Force and said they had yet to show up for different community events. She advocated for considering changes with curfew and the unruly gathering and brass knuckles ordinances. Bethany Briten, Gilbert resident, said she was speaking as a scared parent and discussed issues with guns at schools and she also spoke at the school district meeting. She said she recently changed her mind about the use of metal detectors in schools, then said they did not feel safe living in downtown Gilbert, then discussed incidents with guns and car racing in that area. She said she wished to see collaboration with the Town and schools. Charisia Arnold, Gilbert resident, said nothing had changed at the Gilbert garages. She noted a photo of a teen sitting on one of the garage ledges, and said the photo was sent to the Council. She spoke of cars being loud and teens still hanging out there. She asked the Council to pull the security at the garages and instead do validated parking there or reduce access by making the top level for employee-only usage. Bill Spence, Gilbert resident, had time donated to him by Michael Benson. He said he had reviewed tens of thousands of public records requests obtained by various sources, then said he had been contacted by the media regarding his knowledge of certain issues within the Town. He said he was aware of investigations in progress and complaints filed, including two with the Attorney General’s Office, then said he was identified as a potential witness. He spoke of claims of withholding information from public disclosure, a flaw with records requests, and his attempts to communicate his findings. He voiced support of an external source conducting the investigations. He discussed the Council’s reputation, changes to move public comments to the end of Council meetings, lack of accountability, and acting in a questionable manner. He noted a police report from a third party that he alleged involved Councilmembers, then discussed weaponizing of public safety, other allegations with the Meet and Confer process, avoiding disclosure of public records, and the spending habits of the Council. He advocated for the Council’s support of Priority 3 projects to best serve the public. 13 Susan Borea, Gilbert resident, said she was a resident of Adora Trails in south Gilbert and the cattle were back in that part of the community. She asked for help with issue and avoiding incidents with pedestrians or cars. She spoke in appreciation of patriotic events hosted by the Town, adding she had recently attended the Veterans Day Celebration. She noted prior events she attended and said she was overwhelmed with how professional and inclusive they were. Councilmember Bongiovanni requested a copy of Tempe’s ordinance on brass knuckles. Councilmember Tilque said she hoped the report regarding garage security would be coming forward soon. Mayor Peterson asked the resident (Bethany Briten) who also spoke at the school district meeting to connect with Assistant Police Chief Bisceglie. She asked the resident (Susan Borea) who spoke regarding cattle in Adora Trails to connect with Intergovernmental Relations Director Bohr. FUTURE MEETINGS - Meet and Confer follow up discussion (scheduling into 2025) Requested by Council on the dais There was no discussion. COMMUNICATIONS Report from the TOWN MANAGER on current events. Town Manager Banger discussed the 2024 Cops ‘n Goblins Trunk or Treat Event and announced the following winners: Public Works Solid Waste and Recycling for Best Overall with the Minion entry; Forensic Services for Most Creative with their Forensic Services with their Psychic Readings entry; and Detention for Most Spooky with their Out of Control Inmate entry. He congratulated the Office of Economic Development for winning an Economic Development Program Golden Prospector Award, as well as an additional Multimedia Golden Prospector Award for their work with the Ladies Professional Golf Association (LGPA) Tournament in Gilbert. He shared a tourism video for Discover Gilbert created by Oskar in the Office of Digital 14 Government. Banger congratulated Assistant Town Manager Leah Rhineheimer for being awarded the 2024 Women Leading in Excellence in Government Award and spoke of her achievements. Lastly, he recognized the Gilbert Wellness Team within the People Team for being named one of the Top 100 Healthiest Workplaces in America. Report from the COUNCIL on current events. Councilmember Bongiovanni announced the Gilbert Days event taking place on November 22-23, 2024 and the Gilbert Days Parade. Councilmember Koprowski spoke of members of the Council attending quarterly meetings with the Gilbert, Higley, and Chandler school districts, then said they hoped to expand the meetings and communication to include charter schools. Councilmember Tilque discussed East Valley councilmembers coming together to have regular, informal gatherings to discuss trends and share ideas. She noted no action was taken during the gatherings. Councilmember Torgeson spoke of attending the National League of Cities Conference in Tampa, FL, and spoke in appreciation and recognition of Gilbert staff being focused on things in the future and being ahead of the curve. Vice Mayor Anderson wished Mayor Peterson a happy early birthday. Councilmember Buchli discussed the Gilbert Postcards promotion from the Office of Economic Development, featuring the Heritage District (HD) and five postcard mailing stations inside downtown locations to support the ongoing public art initiative in the HD referred to as the Community Canvas. She said each station would feature a unique postcard with exclusive illustrations created in collaboration with the design team at Cactus Country depicting different HD locations and icons. She highlighted statistics for visitors to the HD. Report from the MAYOR on current events. Mayor Peterson shared her schedule from the past 30 days, stating one of 15 her favorite events was the Veterans Day Celebration. She acknowledged the Veterans Advisory Board for the event, then noted that State Representative Jennifer Pollock attended and always supported events in Gilbert. Mayor Peterson discussed walking in the East Valley Veterans Parade with the Gilbert Fire and Police Departments. She said another highlight was a Waymo ride to a Maricopa Association of Governments (MAG) Regional Meeting along with mayors from other cities. She asked residents to be aware of road closures during the Gilbert Days Parade and marathon, noting there would be no farmer’s market that day. She announced the kickoff of the holidays with the Giving Machines where purchases of various types of donations could be made to different non- profits, adding the two locations were in front of the Hale Theater across from the Water Tower. She discussed attending the Cops ‘n Goblins event and thanked the Police Department, then wished all a happy, safe holiday. ADJOURN A MOTION was made by Councilmember Tilque, seconded by Councilmember Bongiovanni, to adjourn the meeting. Motion carried 7-0. Mayor Peterson adjourned the meeting at 7:54 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 19th day of November, 2024. I further certify that the meeting was duly called and held and that a quorum was present. Dated this ____ day of ____________________2024. 16 ___________________________________ Chaveli Herrera, Town Clerk 17

Agenda

Council Meeting Agenda November 19, 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. 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 Rabbi Israel Nelson of Beth Emanuel Messianic Congregation. Pledge of Allegiance. ROLL CALL PRESENTATIONS; PROCLAMATIONS 1 PRESENTATION - Presentation recognizing the 2024 MVP Award nominees and winners for the Town of Gilbert. 2 PROCLAMATION - Proclamation declaring Saturday, November 30, 2024 as Small Business Saturday. 3 PROCLAMATION - Proclamation declaring the week of November 17-24, 2024 as Gilbert Days and Rodeo. 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. 4 LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Alcohol License for Rubio's Fresh Mexican Grill #49 located at 884 West Warner Road, Unit 8. 5 LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Alcohol License for Rubio's Fresh Mexican Grill #217 located at 4770 East Ray Road. 6 LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Alcohol License for Harkins Santan Village 16 located at 2298 East Williams Field Road. 7 LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Alcohol License for Shy's Pizza & Wings located at 50 East Guadalupe Road, Unit 107. 8 PROPERTY ACQUISITION – conduct hearing and consider adoption of Resolution No. 4516 approving the acquisition of right-of-way and required easements for Parcel No. 304-97-038 for the Concrete Pipe Gravity Sewer Rehab, Project No. WW1060, for the negotiated amount of $25,813 plus statutory interest, acquisition, and closing costs. 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. 9 AGREEMENT – consider adoption of Resolution No. 4517 approving Telecommunications License and Right-of-Way Use Agreement No. 325000175 with Cablevision Lightpath Communications for a fiber-based telecommunications network within certain public rights-of-way and authorize the Mayor to execute the required documents. 10 AGREEMENT – consider adoption of Resolution No. 4518 approving Telecommunications License and Right-of-Way Use Agreement No. 325000174 with Bicentel, LLC for a fiber-based telecommunications network, within certain public rights-of-way and authorize the Mayor to execute the required documents. 11 AGREEMENT – consider approval of the following agreements not to exceed the aggregate amount of $199,680: a) Professional Consulting Services Agreement No. 325000179 with Gannett Fleming, Inc., for engineering inspection services and authorize the Mayor to execute the required documents; and b) Professional Consulting Services Agreement No. 325000180 with Horrocks LLC for engineering inspection services and authorize the Mayor to execute the required documents; and c) General Fund contingency in the amount of $199,680. 12 AGREEMENT – consider approval of Cooperative Purchase Agreement No. 325000044 with Ancon Marine, Inc. dba Ancon Services utilizing City of Scottsdale Cooperative Purchasing Contract No. 022024-144 in an amount not to exceed $136,000 annually for 4 one-year renewals for supplemental sewer cleaning, vac-truck and camera services, and authorize the Mayor to execute the required documents. 13 AGREEMENT – consider approval of: a) Cooperative Purchase Agreement No. 325000137 with BTE Body Company, Inc., utilizing City of Phoenix Cooperative Purchasing Contract No. 154714 in an amount not to exceed $250,000 for Refuse Truck Parts; and b) Cooperative Purchase Agreement No. 324000472 with BTE Body Company, Inc., utilizing City of Phoenix Cooperative Purchasing Contract No. 158816 in an amount not to exceed $375,000 for Refuse Truck Repairs; and c) Cooperative Purchase Agreement No. 324000220 with Balar Holding Corp. dba Balar Equipment, utilizing City of Phoenix Cooperative Purchasing Contract No. 161205 in an amount not to exceed $388,00 for Vehicle/Equipment Parts and Repair Services; and d) Cooperative Purchase Agreement No. 325000144 with Hughes Fire Equipment, utilizing City of Phoenix Cooperative Purchasing Contract No. 161608 in an amount not to exceed $1,900,000 for Parts and Services; and e) Cooperative Purchase Agreement No. 325000075 with Rush Truck Centers of Arizona, utilizing City of Mesa Cooperative Purchasing Contract No. 2022084 in an amount not to exceed $1,352,000 for Peterbilt Equipment Services, Parts and Repairs; and f) Cooperative Purchase Agreement No. 325000130 with W.W. Williams Company LLC, utilizing City of El Mirage Cooperative in an amount not to exceed $390,000 for Fire Apparatus Maintenance Repair Services and authorize the Mayor to execute the required documents. 14 AGREEMENT – consider approval of: a) Cooperative Purchase Agreement No. 325000132 with Elgin Sweeper Company, Authorized dealer is Norwood Equipment of Phoenix utilizing Sourcwell Cooperative Purchasing Contract No. 093021-ELG in an amount not to exceed $2,100,000 for street sweepers & specialty sweepers, with related equipment, accessories, and supplies, and authorize the Mayor to execute the required documents; and b) Environmental Compliance Replacement Fund contingency in the amount of $124,000. 15 AGREEMENT – consider approval of: a) Sub-Recipient Agreement No. 322000249 with the Maricopa County Department of Emergency Management for the Securing the Cities (STC) Program Grant in the award amount of $75,240 and authorize the Mayor to execute the required documents; and b) Grant fund contingency in the amount of $75,240. 16 CONTRACT – consider approval of Architectural/Engineering (A/E) Services Contract for Construction Manager at Risk (Cm@R) Project Contract No. 324000463 with Kimley-Horn Inc., in an amount not to exceed $951,259 for the Somerton Blvd - Williams Field Road to Recker Road, CIP Project No. ST2130, and authorize the Mayor to execute the required documents. 17 CONTRACT – consider approval of Job Order No. 5 to Job Order Contract (JOC) Contract No. 320000231 with Hunter Contracting Company in an amount not to exceed $826,742.41 for Public Safety Training Facility (PSTF) Fire Training Loop Pressure and Flow Controls, CIP Project No. MF0400, and authorize the Mayor to execute the required documents. 18 CONTRACT – consider approval of Project Management/Construction Management (PM/CM) Services Contract for Construction-Manager-at- Risk (CM@R) Project Contract No. 325000146 with Tristar Engineering & Management in an amount not to exceed $158,590 for Irrigation System Replacement, CIP Project No. PR1160, and authorize the Mayor to execute the required documents. 19 CONTRACT – consider approval of expenditures under Contract No. 321000411 with Verizon Wireless in an amount not to exceed $2,216,000 to provide voice and data cellular services, peripherals, and related equipment for multiple fiscal years pending annual budget approval and authorize the Mayor to execute the required documents. 20 CONTRACT – consider approval of Task Order No. 28 to Job Order Contract (JOC) Contract No. 320000098 with Felix Construction Company in an amount not to exceed $124,805.23 for rehabilitation projects for the Santan Vista Water Treatment Plant (WTP), and authorize the Mayor to execute the required documents. 21 CONTRACT – consider approval of: a) Construction Phase No. 3 - Guaranteed Maximum Price (GMP) No. 3 to Contract No. 324000218 with Felix Construction Company in an amount not to exceed $17,580,853 for Well Development Program, CIP Project Nos. WA0810, WA0880, WA1610 and WA1611; b) Construction Phase No. 3 - Guaranteed Maximum Price (GMP) No. 3 Contract No. 324000219 with Kiewit Infrastructure West, Co. in an amount not to exceed $14,988,068 for Well Development Program, CIP Project Nos. WA0270 and WA1609; c) Construction Phase No. 3 - Guaranteed Maximum Price (GMP) No. 2 Contract No. 324000219 with Kiewit Infrastructure West, Co. in an amount not to exceed $6,594,497 or Well Development Program, CIP Project No. WA1612, and authorize the Mayor to execute the required documents; d) CIP contingency in the amount of $9,000,000, with Water Fund as the designated funding source for WA0810, WA0880, WA1609, and WA1612; and e) CIP contingency in the amount of $2,750,000, with Water SDF as the designated funding source for WA0270. 22 CONTRACT – consider approval of Construction Services Contract for Design-Bid-Build (DBB) Project Contract No. 324000464 with Gilbane Building Company in an amount not to exceed $21,624,935 for the Advocacy Center, CIP Project No. MF2490, and authorize the Mayor to execute the required documents. 23 CHANGE ORDER – consider approval of: a) Change Order No. 1- Guaranteed Maximum Price (GMP) No. 1 to Contract No. 324000176 with Haydon Building Corp. in an amount not to exceed $4,605,472.74 for Phase 2 of CIP Project No. ST1720; b) Change Order No. 1 to Contract No. 323000465 with Nfra Inc., increasing the contract amount by $969,387 for Val Vista Lakes Improvements Phase 2, CIP Project No. ST1720, and authorize the Mayor to execute the required documents; and c) CIP contingency with Water Replacement Fund as the designated funding source in the amount of $5,574,860. 24 CHANGE ORDER – consider approval of Change Order No. 1 to Contract No. 321000009 with Centurylink Communications LLC dba Lumen Technologies Group, increasing the contract amount by $623,136.58 to provide voice, call center, e911, voice mail services and equipment for multiple fiscal years pending annual budget approval and authorize the Mayor to execute the required documents. 25 CHANGE ORDER – consider approval of Change Order No. 2 to Contract No. 321000026 with Goserco Inc., increasing the contract amount by $117,830 to maintain logging recorder for telephonic and radio recordings for the Police Dispatch Center Expansion, CIP Project No. MF2480 and authorize the Mayor to execute the required documents. 26 CHANGE ORDER – consider approval of Change Order No. 1 to Contract No. 324000217 with Diversified Flooring Services – Phoenix LLC increasing the contract amount by $53,324.85 for flooring services & materials and authorize the Mayor to execute the required documents. 27 GRANT – consider: a) acceptance of a grant, Contract No. 325000145, from The 100 Club of Arizona’s Safety Enhancement Stipend (SES) in an amount not to exceed $5,530 for two (2) drones and related equipment; and b) approval of FY 2025 Grant Fund contingency in the amount of $5,530 in application and acceptance of the 100 Club of Arizona Safety Enhancement Grant. 28 GRANT – consider: a) application and acceptance of a grant, Contract No. 325000141, from the Governor’s Office of Highway Safety (GOHS) DUI Abatement Grant funding in an amount not to exceed $30,000 and authorize the Town Manager to execute the required documents; and b) approval of FY 2025 Grant Fund contingency in the amount of $30,000, in acceptance of the 2024 GOHS DUI Abatement Grant funding - Contract #325000141/ DUIAC-E-192. 29 GRANT – consider: a) application and acceptance of a grant, Contract No. 325000147, from Arizona Governor’s Office of Highway Safety (GOHS) Youth Alcohol Enforcement grant funding in the amount not to exceed $80,100 and authorize the Mayor to execute the required documents; and b) approval of Grant Fund contingency in the amount of $80,100 in application and acceptance of the GOHS Youth Alcohol Enforcement grant in the fiscal year in which the grant is received. 30 BOARDS AND COMMISSIONS - consider removal of Angela Rogers from the Community Engagement Task Force. 31 RISK MANAGEMENT - consider acceptance of the Risk Management Quarterly report for the Fiscal Year 2024-2025 Quarter 1. 32 RISK MANAGEMENT - consider adoption of Resolution No. 4519 to authorize the Town Manager and the Town Attorney to initiate litigation and purse any necessary appeals against Cooley Black Canyon, LLC, Poco Ranch, Inc., JLC Family Investments, LLC, Czar Investments, LLC, K&L Holdings, LLC, First Place Holdings, LLC, First Place Holdings D.A.T., LLC, Par 5, LLC, and their respective predecessors, successors, and assigns, if necessary, to enforce its rights in an arbitration award regarding the purchase of property for Somerton Boulevard. 33 MINUTES – consider approval of the minutes of Regular Council Meeting of October 22, 2024, Study Session of October 22, 2024 and Special Study Session of October 21, 2024. ADMINISTRATIVE ITEMS Administrative Items are for Council discussion and action. 34 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. - Meet and Confer follow up discussion (scheduling into 2025) Requested by Council 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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