Minutes of the Regular Meeting of February 10, 2022
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Meeting Minutes
City Council Regular Meeting
February 10, 2022 | 6:00 p.m.
Chandler City Council Chambers
88 E. Chicago St., Chandler, AZ
Call to Order
The meeting was called to order by Mayor Kevin Hartke at 6:04 p.m.
Roll Call
Council Attendance
Appointee Attendance
Mayor Kevin Hartke
Joshua Wright, City Manager
Vice Mayor Terry Roe
Tadd Wille, Assistant City Manager
Councilmember OD Harris
Dawn Lang, Deputy City Manager/ CFO
Councilmember Mark Stewart
Andy Bass, Deputy City Manager
*Councilmember René Lopez
Kelly Schwab, City Attorney
Councilmember Christine Ellis
Dana DeLong, City Clerk
Councilmember Matt Orlando
*Councilmember Lopez attended telephonically.
Invocation
The invocation was given by Pratibha Somaiya, Bhaktivedanta Cultural Center, Iskcon of Phoenix.
Pledge of Allegiance
The Pledge of Allegiance was led by Councilmember Stewart.
Consent Agenda and Discussion
Airport
1.
Agreement No. CM2-988-4424, with Brightview Landscape Services, Inc., for Airport
Landscape Enhancements
Move City Council approve Agreement No. CM2-988-4424, with Brightview Landscape
Services, Inc., for airport landscape enhancements, in an amount not to exceed $80,000.
Page 2 of 11
City Clerk
2.
January 2022 City Council Minutes
Move City Council approve the Council Meeting minutes of the Study Session of January 24,
2022; Work Session of January 27, 2022; and the Regular Meeting of January 27, 2022.
3.
Board and Commission Appointments
Move City Council approve the Board and Commission appointments as recommended.
City Manager
4.
Resolution No. 5540 Authorizing the Execution of a License to Use Salt River Project
Property, Located at the Consolidated Canal Between Germann Road and Chandler
Boulevard
Move City Council pass and adopt Resolution No. 5540 authorizing the execution of a
license to use Salt River Project property, located at the Consolidated Canal between
Germann Road and Chandler Boulevard, to conduct the annual City of Chandler Family Bike
Ride Event.
5.
Resolution No. 5550 approving the Title VI Implementation Plan for Transit Services, 2021
Update
Move City Council pass and adopt Resolution No. 5550 approving the City of Chandler Title
VI Implementation Plan for Transit Services 2021 Update.
Development Services
6.
Final Adoption of Ordinance No. 5000, ANX21-0003 Annexation and Initial City Zoning of
approximately 0.27 Acres located north of the northeast corner of Arizona Avenue and
Germann Road
Move City Council adopt Ordinance No. 5000 approving the annexation and Initial City
Zoning of approximately 0.27 acres located north of the northeast corner of Arizona Avenue
and Germann Road, as recommended by Planning staff.
7.
Final Adoption of Ordinance No. 5001 PLH21-0032 Arizona Avenue Commerce Center,
North of the Northeast Corner of Arizona Avenue and Germann Road
Move City Council adopt Ordinance No. 5001 approving PLH21-0032 Arizona Avenue
Commerce Center, Rezoning approximately 16.6 acres from Agricultural District (AG-1),
Regional Commercial (C-3), and Planned Area Development (PAD) to PAD for commercial,
office, business park, and light industrial uses, subject to the conditions as recommended
by Planning and Zoning Commission.
8.
Introduction and tentative adoption of Ordinance No. 4993 adopting the 2021 Editions of
the International Building Codes
Page 3 of 11
Move City Council introduce and tentatively adopt Ordinance No. 4993, adopting the 2021
editions of the International Building, Plumbing, Mechanical, Residential, Fuel Gas, Energy
Conservation, Existing Building, Swimming Pool and Spa Codes, and the 2020 edition of the
National Electrical Code, with local amendments.
9.
Use Permit PLH21-0068 Sonrise Faith Community Church, 800 W Galveston Street, generally
located east of the northeast corner of Galveston Street & Alma School Road
Move City Council approve Use Permit PLH21-0068 Sonrise Faith Community Church to
continue the utilization of an existing modular classroom building, subject to the conditions
recommended by Planning and Zoning Commission.
10.
Preliminary Development Plan and Preliminary Plat PLH21-0058/PLT21-0054 Germann &
Hamilton Industrial Park, located at the northeast corner of Germann Road and Hamilton
Street
Preliminary Development Plan
Move City Council approve Preliminary Development Plan PLH21-0058 Germann &
Hamilton Industrial Park for site layout and building architecture for three flex industrial
buildings, subject to the conditions recommended by Planning and Zoning Commission.
Preliminary Plat
Move City Council approve Preliminary Plat PLH21-0054 Germann & Hamilton Industrial
Park, subject to the conditions recommended by Planning and Zoning Commission.
11.
Preliminary Development Plan PLH21-0028 Gold Medal Gym, 455 E. Warner Road, generally
located east of the southeast corner of Warner Road and Arizona Avenue
Move City Council approve Preliminary Development Plan PLH21-0028 Gold Medal Gym
increasing the maximum size permitted for exterior wall signs, subject to conditions
recommended by Planning and Zoning Commission.
12.
Continue Preliminary Development Plan PLH21-0071 Kerry’s Car Care, located on a 1.1-acre
site, generally located south of the southeast intersection of Cooper and Pecos Roads
Move City Council continue Preliminary Development Plan PLH21-0071 Kerry’s Car Care for
site layout and building architecture to the March 24th Council hearing, as recommended
by Planning and Zoning Commission.
13.
Re-Plat\Final Plat PLT21-0053 Dobson Town Place II
Move City Council approve Re-Plat\Final Plat PLT21-0053 Dobson Town Place II located on
the east side of Alma School Road north of Queen Creek Road, as recommended by staff.
14.
Final Plat PLT19-0046 for Carino Commons Commercial
Page 4 of 11
Move City Council approve Final Plat PLT19-0046 Carino Commons Commercial located at
the northwest corner of Queen Creek Road and Arizona Avenue, as recommended by staff.
Facilities and Fleet
15.
Professional Services Agreement No. BF2206.201 for Design Services with Arrington
Watkins Architects, LLC, for Police Department Main Station Redundant Power
Move City Council award Professional Services Agreement No. BF2206.201 to Arrington
Watkins Architects, LLC, for Police Department Main Station Redundant Power design
services, in an amount not to exceed $66,740, and approve a General Fund Contingency
account transfer in the same amount to the General Capital Projects Fund, Building &
Facilities Capital Cost Center, Existing City Building Renovations Program.
Fire Department
16.
Resolution No. 5544 Arizona Department of Homeland Security Grant Agreement
Move City Council approve Resolution No. 5544, authorizing the City of Chandler to enter
into a Grant Agreement with the Arizona Department of Homeland Security (AZDOHS) for
the Urban Area Security Initiative (UASI) Enhanced Rapid Response Fire Teams for
Hazardous Materials meter maintenance, in the amount of $2,680, and authorizing the Fire
Chief to implement provisions of the agreement.
17.
Resolution No. 5546 Approval Request to Submit Grant Application to GOHS for Child Safety
Seat Clinic
Move City Council approve Resolution No. 5546, authorizing the submission of a Governor’s
Office of Highway Safety Grant, for the Child Safety Seat Clinic program, in the amount of
$49,114, and authorizing the City Manager, or a designee, to perform grant-specific
negotiations and submit documentation on behalf of the City of Chandler.
Human Resources
18.
Chandler Law Enforcement Association (CLEA) Memorandum of Understanding
Move City Council approve the Memorandum of Understanding (MOU) between the City of
Chandler and Chandler Law Enforcement Association (CLEA) for FY 22/23 through FY 23/24.
19.
International Association of Fire Fighters (IAFF) Memorandum of Understanding
Move City Council approve the Memorandum of Understanding (MOU) between the City of
Chandler and the International Association of Fire Fighters (IAFF) for FY 22/23 through FY
23/24.
20.
Chandler Lieutenants and Police Sergeants Association (CLASA) Memorandum of
Understanding
Page 5 of 11
Move City Council approve the Memorandum of Understanding (MOU) between the City of
Chandler and the Chandler Lieutenants and Police Sergeants Association (CLASA) effective
July 1, 2022, through June 30, 2024.
Information Technology
21.
Purchase of VMware Licenses and Annual Support
Move City Council approve the purchase of VMware licenses and annual support, utilizing
the State of Arizona Contract No. ADSPO16-098163, with Dell, in the amount of $134,366.
Neighborhood Resources
22.
Resolution No. 5547 Approving the Acquisition of Real Property Located at 35 N. McQueen
Road and 1032 East Trails End Place
Move City Council pass and adopt Resolution No. 5547 approving the acquisition of real
property located at 35 N. McQueen Road and 1032 E. Trails End Place, Chandler, Arizona, at
market value plus closing and escrow fees; authorizing the City’s Real Estate Manager to
sign, on behalf of the City, the purchase agreements and any other documents necessary
to facilitate these acquisitions; and approving relocation services as may be needed and
required by law.
Public Works and Utilities
23.
Final Adoption of Ordinance No. 5004 Amending Chandler City Code Chapter 43 (Public
Works and Utilities Department) Section 43-4.5 Pertaining to the Adoption of Public Works
Standards, Specifications and Regulations
Move City Council approve final adoption of Ordinance No. 5004 declaring that document
entitled “2022 Amendments to Chandler City Code Chapter 43, Section 43-4.5” to be a public
record; amending the Code of the City of Chandler, Chapter 43 (Public Works and Utilities
Department), Section 43-4.5 to adopt the City of Chandler Engineering and Design
Standards Manual (2022 Edition) as may be periodically amended by the Public Works and
Utilities Department Director, or designee; providing for the repeal of conflicting
ordinances; and providing for severability.
24.
Design and Construction Agreement No. WA2007.501, with Salt River Project, for the North
Alma School Well Design and Construction
Move City Council award Design and Construction Agreement No. WA2007.501, to Salt River
Project, for the North Alma School Well Design and Construction, in an amount not to
exceed $360,197.
25.
Professional Services Agreement No. WW2005.203, with Dibble & Associates Consulting
Engineers, Inc., dba Dibble Engineering, for the Chandler Boulevard – Dobson Road to
Chippewa Place Water Improvements Design Services
Page 6 of 11
Move City Council award Professional Services Agreement No. WW2005.203 to Dibble &
Associates Consulting Engineers, Inc., for Chandler Boulevard – Dobson Road to Chippewa
Place Water Improvements Design Services, in an amount not to exceed $349,502.
26.
Purchase of John Deere Gators
Move City Council approve the purchase of seven John Deere Gators, from Deere &
Company, utilizing the State of Arizona Contract No. ADSPO18-202498, in the amount of
$69,586.37.
Consent Agenda Motion and Vote
Councilmember Ellis moved to approve the Consent Agenda of the February 10, 2022, Regular City
Council Meeting; Seconded by Councilmember Harris.
Motion carried unanimously (7-0).
Action Agenda Item No. 27 and Discussion
27.
Introduction and Tentative Adoption of Ordinance No. 4994, Amending the Code of the City
of Chandler, Chapter 28, Fire Prevention, by Repealing and Replacing Chapter 28 in its
Entirety; Providing for the Repeal of Conflicting Ordinances; and Providing for Severability
and Establishing an Effective Date
COUNCILMEMBER STEWART made the following motion, seconded by Vice Mayor Roe:
Move City Council introduce and tentatively adopt Ordinance No. 4994; Declaring the documents
known as the "International Fire Code, 2021 Edition" and "2021 Amendments to Fire Code
Exceptions in Chapter 28, Fire Prevention," as Public Records; Amending the Code of the City of
Chandler, Chapter 28, Fire Prevention, by Repealing the International Fire Code, 2018 Edition, by
Adopting the International Fire Code, 2021 Edition, and by Amending and Clarifying the Exception
Provisions to the International Fire Code; and changing the last phrase of the proposed
amendments to section 28-23 to read “the use, discharge, or ignition of permissible consumer
fireworks is prohibited in all public parks, public retention basins, and public facilities”; Providing
for the Repeal of Conflicting Ordinances; and Providing for Severability and Establishing an
Effective Date.
COUNCILMEMBER ORLANDO clarified that this vote was for the amendment.
KELLY SCHWAB, City Attorney, answered that the motion made by Councilmember Stewart
includes the amendment to the fireworks provision which removes the prohibition of use on
streets and roads.
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COUNCILMEMBER ORLANDO asked if the original ordinance could be reintroduced if this
amended ordinance does not pass.
MS. SCHWAB answered that the current item was the ordinance with the amendment proposed;
and if that does not pass, there could be a motion with the original ordinance.
COUNCILMEMBER ORLANDO acknowledged previous discussion on the item but stated his
concern with managing risks on public streets. He brought up the issue of potential lawsuits from
involvement on public streets and preferred not to burden taxpayers with litigation. He
emphasized that this language was included in policy before and desired consistency in the code.
COUNCILMEMBER STEWART brought up that setting off fireworks near a home is more dangerous
to the home than it is to set off fireworks in the streets. This amendment promotes safety and
prevents overregulation of fireworks. Removing the language of streets and roads removes the
burden of responsibility from the police. The focus should be on promoting freedom and safe
celebration with fireworks.
COUNCILMEMBER HARRIS asked about the frequency of issues with fireworks being lit on streets.
TOM DWIGGINS, Fire Chief, answered that currently most fireworks are ignited in the street. He
said that the two days with the highest call volume and response by the Fire Department are the
Fourth of July and New Year’s Eve. He said it is hard to say that the issue is specifically with the
street usage, as there are issues occurring wherever fireworks are being used.
COUNCILMEMBER HARRIS asked to confirm that this ordinance can be changed based on future
input.
MS. SCHWAB confirmed that this ordinance could be changed in the future. She said not many
people were aware of the omission of the language of the 2018 code, so this adoption would likely
not be understood as a change in code.
COUNCILMEMBER ELLIS clarified that this amendment would still be in context of the limited day
use of fireworks.
CHIEF DWIGGINS said that dates were being added to allow the use of fireworks, specifically Cinco
de Mayo. The amount of time between the date of purchase to date of use is being lengthened.
He said that there is current Arizona state legislation being discussed to cap the usage of fireworks
at 11 p.m.
VICE MAYOR ROE asked if the greatest concern is over illegal fireworks.
Page 8 of 11
SEAN DUGGAN, Police Chief, said yes, illegal fireworks are the greatest concern.
VICE MAYOR ROE asked about officers reporting to a home where legal fireworks are being used.
CHIEF DUGGAN confirmed that the concern is over illegal fireworks being used. That takes priority
over legal firework calls.
COUNCILMEMBER STEWART confirmed that bottle rockets and pyrotechnic fireworks are illegal.
CHIEF DUGGAN affirmed that they were illegal.
COUNCILMEMBER STEWART reiterated that this ordinance addresses only legal fireworks. He
asked if any explosive fireworks will still be illegal.
CHIEF DUGGAN verified that these fireworks are illegal by state law.
COUNCILMEMBER ORLANDO asked about the liability of a situation involving fireworks in the
streets. He asked if this is defensible in a court of law.
MS. SCHWAB upheld her position that any activity on a street that is not traffic related can be risky.
Allowing fireworks to be let off in the streets may involve a lawsuit with both the individual lighting
fireworks as well as the city. It is unknown if this is defensible in court. The best recommendation
based on safety is to allow only traffic related activities in the street.
COUNCILMEMBER ORLANDO brought up his concern over using public space versus private
property. He said he wanted to reduce the likelihood of the city being involved in a lawsuit,
especially in the taxpayers’ interest.
COUNCILMEMBER HARRIS asked if the city has been sued for a firework incident.
MS. SCHWAB answered that this situation has not happened.
COUNCILMEMBER HARRIS addressed the concern with fireworks originating from speaking about
it, rather than based on documentation.
MS. SCHWAB stated that all fireworks were prohibited from streets and fireworks up until 2018.
COUNCILMEMBER HARRIS said that from 2018 to now, there has not been any issue with fireworks
in public areas.
MS. SCHWAB said they have not received any litigation or claims related to the use of fireworks.
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COUNCILMEMBER HARRIS said the probability of this incident occurring is unsubstantiated.
MS. SCHWAB asserted her concern with allowing non traffic related activities on streets. She
brought up the permit process for block parties as an alternative avenue to safely celebrate.
COUNCILMEMBER STEWART asked about the liability of other potential non traffic activities.
MS. SCHWAB said this always carries a risk. The city does not condone this.
COUNCILMEMBER STEWART said that the importance of this amendment is to remove the burden
from the police.
COUNCILMEMBER HARRIS asked about the number of HOAs in Chandler.
MS. SCHWAB answered that the percentage of HOAs in Chandler is around 80%.
COUNCILMEMBER HARRIS asked if HOAs can rule differently on the usage of fireworks.
MS. SCHWAB said that HOAs do not regulate public streets, as public laws apply. HOAs can
regulate private streets as limited by state law.
COUNCILMEMBER HARRIS said removing this language allows for HOAs, police, and higher
authorities to regulate the fireworks issue. He expressed concern with the risk of using fireworks
on private property. Since a situation with dangerous use of legal fireworks on public streets has
not happened then the risk should be assessed differently. This ordinance can be changed in the
future if it is warranted.
LOUANN SEDGWICK, 753 E. Gemini Pl., Chandler, expressed her concern over illegal fireworks.
She expected the issue to be handled at the state level. Legal fireworks being used at people’s
homes should be fine. Expanding the dates of allowance should permit usage of fireworks in the
street. She wanted to focus on addressing the issue of illegal fireworks.
Action Agenda Item No. 27 Motion and Vote
COUNCILMEMBER STEWART moved to introduce and tentatively adopt Ordinance No. 4994;
Declaring the documents known as the "International Fire Code, 2021 Edition" and "2021
Amendments to Fire Code Exceptions in Chapter 28, Fire Prevention," as Public Records;
Amending the Code of the City of Chandler, Chapter 28, Fire Prevention, by Repealing the
International Fire Code, 2018 Edition, by Adopting the International Fire Code, 2021 Edition, and
by Amending and Clarifying the Exception Provisions to the International Fire Code; and changing
the last phrase of the proposed amendments to section 28-23 to read “the use, discharge, or
Page 10 of 11
ignition of permissible consumer fireworks is prohibited in all public parks, public retention basins,
and public facilities”; Providing for the Repeal of Conflicting Ordinances; and Providing for
Severability and Establishing an Effective Date; Seconded by Vice Mayor Roe.
Motion carried by majority (6-0), Councilmember Orlando dissenting.
Informational
28.
Special Event Liquor Licenses and Temporary and Permanent Extensions of Liquor
License Premises Administratively Approved
Unscheduled Public Appearances
None.
Current Events
Mayor's Announcements
MAYOR HARTKE announced the State of the City event on Thursday, February 17 at 5:30 p.m. at
Chandler Center for the Arts. The Mayoral Address will begin at 6:30, and the concert will start at
7:00.
MAYOR HARTKE said there would be a mental health conference on February 25 and 26 at
Compass Christian Church. Students and parents are invited to learn from therapists and social
workers about mental health tools and skills.
MAYOR HARTKE announced that Sunset Library will fully reopen on Monday, February 14.
Council's Announcements
COUNCILMEMBER HARRIS recognized the Night of Hope trafficking awareness event and thanked
Pastor Mike Gowans and other leaders for the success of the event.
COUNCILMEMBER HARRIS said he and Councilmember Ellis had attended the Chandler Unified
School District Board meeting for a presentation led by Dr. Adama Sallu and Black student unions
on Black excellence and expressed his support for the students.
COUNCILMEMBER HARRIS wished Matt Dunbar, Budget Manager, a happy birthday.
VICE MAYOR ROE brought up Council’s first budget discussion meeting for 2022 – 2023 and
thanked staff for the information discussed.
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VICE MAYOR ROE mentioned he and other councilmembers had attended the Police Department’s
Annual Award Banquet, and commended Chief Duggan on the performance of the department.
VICE MAYOR ROE referenced the upcoming Valentine's Day holiday.
COUNCILMEMBER STEWART also thanked the leaders who put on the Night of Hope event. He
committed his dedication to future discussion on ending human trafficking.
COUNCILMEMBER ELLIS brought up the success of the National Haitian American Elected Officials
Network (NHEAON) events that had happened the previous week. Over 300 elected officials
attended. The event brought a lot of business to Chandler. She thanked Mayor and Council for
their participation.
COUNCILMEMBER ORLANDO welcomed Tadd Wille, Assistant City Manager.
COUNCILMEMBER ORLANDO introduced the Chandler Innovation Fair on Saturday, February 19
beginning at 10 a.m. in Downtown Chandler. Chandler has partnered with Chandler Unified School
District to showcase the innovation of students, community partners, and businesses.
City Manager's Announcements
JOSHUA WRIGHT, City Manager, introduced Mr. Wille and said he is looking forward to his
involvement with the City.
Adjourn
The meeting was adjourned at 6:47 p.m.
ATTEST: _______________________
______________________________
City Clerk Mayor
Approval Date of Minutes: February 24, 2022
Certification
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of Regular
Meeting of the City Council of Chandler, Arizona, held on the 10th day of February 2022. I further
certify that the meeting was duly called and held and that a quorum was present.
DATED this _______ day of February, 2022.
__________________________
City Clerk