Minutes of the Regular Meeting of January 27, 2022
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Meeting Minutes
City Council Regular Meeting
January 27, 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 Vice Mayor Terry Roe at 6:00 p.m.
Roll Call
Council Attendance
Appointee Attendance
*Mayor Kevin Hartke
Joshua Wright, City Manager
Vice Mayor Terry Roe
Debra Stapleton, Assistant City Manager
*Councilmember Mark Stewart
Kelly Schwab, City Attorney
Councilmember OD Harris
Dana DeLong, City Clerk
Councilmember René Lopez
Councilmember Christine Ellis
Councilmember Matt Orlando
*Mayor Hartke and Councilmember Stewart attended telephonically.
Invocation
The invocation was given by Pastor Victor Hardy, Congregational Church of the Valley.
Pledge of Allegiance
The Pledge of Allegiance was led by Councilmember Lopez.
Consent Agenda and Discussion
City Clerk
1.
January 2022 City Council Minutes
Move City Council approve the Council Meeting minutes of the Special Meeting of January
10, 2022; Study Session of January 10, 2022; Work Session of January 13, 2022; and the
Regular Meeting of January 13, 2022.
Page 2 of 11
City Manager
2.
Resolution No. 5548, Revised Joint Project Agreement with the State of Arizona for the Loop
101 and 202 Freeway Waterline and Sewer Rehabilitation and Repealing Resolution No.
5538
Move City Council pass and adopt Resolution No. 5548, repealing Resolution No. 5538 and
authorizing the City of Chandler to enter into a revised Joint Project Agreement with the
State of Arizona for the Loop 101 and 202 Freeway Waterline and Sewer Rehabilitation
Project in the amount of $8,000,000, and authorize the City Manager or designee to take
actions necessary on behalf of the City of Chandler to carry out out the intent of the
Agreement, and approve a contingency appropriation transfer of $4,000,000 from the
Water Operating Fund, Non-Departmental, Contingency Account (605.1290.5911) to
Capital Grants Fund, Water Capital Project Cost Center, Main & Valve Replacements
Program (417.3820.6714.0.6WA023) to supplement the existing appropriation for
spending of the State allocated funds.
Community Services
3.
Professional Services Agreement No. PR2202.201 for Design Services with J2 Engineering &
Environmental Design, LLC, for Arrowhead Meadows Park Tennis & Pickleball Court
Replacement
Move City Council award Professional Services Agreement No. PR2202.201 for Design
Services to J2 Engineering & Environmental Design, LLC, for Arrowhead Meadows Park
Tennis & Pickleball Court Replacement, in an amount not to exceed $50,445.
4.
Construction Contract No. PR1902.401 with DNG Construction, LLC, for Homestead North
Park
Move City Council award Contract No. PR1902.401 to DNG Construction, LLC, for
Homestead North Park, in an amount not to exceed $3,687,179.05.
5.
Professional Services Agreement No. PR1902.271 for Post-Design Services with Kimley-
Horn and Associates, Inc., for Homestead North Park
Move City Council award Professional Services Agreement No. PR1902.271, for Post-Design
Services, to Kimley-Horn and Associates, Inc., for Homestead North Park, in an amount not
to exceed $36,635.00.
6.
Project Agreement No. CS2201.401 with Caliente Construction Inc., for Arrowhead, Folley,
and Nozomi Aquatic Centers Safety Improvements
Move City Council award Project Agreement No. CS2201.401 to Caliente Construction, Inc.,
Pursuant to Job Order Contract No. JOC1904.401, for Arrowhead, Folley, and Nozomi
Aquatic Centers Safety Improvements, in an amount not to exceed $86,614.33.
Page 3 of 11
7.
Project Agreement No. CS2202.401 with Caliente Construction, Inc., Pursuant to Job Order
Contract No. JOC1904.401, for Hamilton Aquatic Center Safety Improvements – Trench
Drain Replacement
Move City Council award Project Agreement No. CS2202.401 to Caliente Construction, Inc.,
Pursuant to Job Order Contract No. JOC1904.401, for Hamilton Aquatic Center Safety
Improvements – Trench Drain Replacement, in an amount not to exceed $83,947.43.
8.
Project Agreement No. C2203.401 with Caliente Construction, Inc., Pursuant to Job Order
Contract No. JOC1904.401, for Mesquite Groves Aquatic Center – Ultraviolet System
Replacement
Move City Council award Project Agreement No. CS2203.401 to Caliente Construction, Inc.,
Pursuant to Job Order Contract No. JOC1904.401, for Mesquite Groves Aquatic Center –
Ultraviolet System Replacement, in an amount not to exceed $158,401.71.
Development Services
9.
Introduction 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 introduce and tentatively adopt Ordinance No. 5000 approving the
annexation of approximately 0.27 acres and Initial City zoning – North of the Northeast
corner of Arizona Avenue and Germann Road, as recommended by Planning staff.
10.
Introduction of Ordinance No. 5001, PLH21-0032/PLT21-0034 Arizona Avenue Commerce
Center, located north of the northeast corner of Arizona Avenue and Germann Road
Rezoning
Move City Council introduce and tentatively 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.
Preliminary Development Plan
Move City Council approve Preliminary Development Plan PLH21-0032 Arizona Avenue
Commerce Center for site layout and building architecture, subject to the conditions as
recommended by Planning and Zoning Commission.
Preliminary Plat
Move City Council approve Preliminary Plat PLT21-0034 Arizona Avenue Commerce Center,
subject to the condition recommended by Planning and Zoning Commission.
11.
Use Permit, PLH21-0067 ImprovMania Entertainment, 51 E. Boston Street, generally located
east of the southeast corner of Arizona Avenue and Boston Street
Page 4 of 11
Move City Council approve Use Permit PLH21-0067 ImprovMania Entertainment,
requesting a Series 7 Beer and Wine Bar license and an Entertainment Use Permit for
acoustic and amplified live bands, DJ, and speakers with background music indoors and on
an outdoor patio, subject to the conditions recommended by Planning and Zoning
Commission.
12.
Use Permit, PLH21-0035 Verizon Pho Twelve Oaks, 360 S. Twelve Oaks Blvd., generally
located ½ mile south of Chandler Boulevard at the Rural Road alignment
Move City Council approve Use Permit, PLH21-0035 Verizon Pho Twelve Oaks to modify and
relocate an existing wireless facility subject to the conditions recommended by Planning
and Zoning Commission.
13.
Entertainment Use Permit, PLH21-0087 The Forum, located at 2301 S. Stearman Drive,
generally located west of the northwest corner of Gilbert Road and Insight Way
Move City Council approve PLH21-0087 The Forum Use Permit expansion of premises for a
Series 6 Bar license and an Entertainment Use Permit for live music inside and on an
outdoor patio located at 2301 S. Stearman Drive, subject to the conditions recommended
by Planning and Zoning Commission.
14.
Entertainment Use Permit, PLH21-0092 Celoni Hospitality DBA Recreo located at 28 S. San
Marcos Place, generally located ¼ mile south of the southwest corner of Arizona Avenue
and Chandler Boulevard
Move City Council approve Entertainment Use Permit PLH21-0092 Celoni Hospitality DBA
Recreo located at 28 S. San Marcos Place, generally located ¼ mile south of the southwest
corner of Arizona Avenue and Chandler Boulevard, subject to the conditions recommended
by Planning and Zoning Commission.
Fire Department
15.
Resolution No. 5535, Intergovernmental Agreement with the Town of Guadalupe to provide
Firefighter Training
Move City Council approve Resolution No. 5535, authorizing the Mayor to execute an
intergovernmental agreement with the Town of Guadalupe allowing the Chandler Fire
Department to provide firefighting and emergency medical training to the Guadalupe Fire
Department.
Information Technology
16.
Purchase of Tenable Software Support
Move City Council approve the purchase of Tenable software support, from SHI
International Corporation, utilizing the Omnia Partners Contract No. 2018011-02, in an
amount not to exceed $94,530.
Page 5 of 11
Management Services
17.
Claims Report for the Quarter Ended December 31, 2021
Move to accept the claims report for the quarter ending December 31, 2021, which is
included with this memo as an attachment.
Police Department
18.
Resolution No. 5537, Agreement with Off Duty Management for Management and
Administrative Services for Police Department’s Extra Duty Program and Assignments
Move City Council approve Resolution No. 5537, Authorizing an Agreement between the
City of Chandler and Off Duty Management, Inc. (ODM), to Provide Management and
Administrative Services to the Police Department’s Extra Duty Program and Assignments;
and Authorizing the Chief of Police to Sign, Administer, Execute, and Submit all Documents
and Other Necessary Instruments in Connection with Such Agreement.
19.
Professional Services Agreement No. PD2205.201 for Design Services with Arrington
Watkins Architects, LLC, for Police Work Area and Storage Renovation Design Services
Move City Council award Professional Services Agreement No. PD2205.201 for Design
Services, to Arrington Watkins Architects, LLC, for Police Work Area and Storage Renovation
Design Services, in an amount not to exceed $102,600.
Public Works and Utilities
20.
Purchase of Drywell Maintenance, Installation, and Repair Services
Move City Council approve the purchase of drywell maintenance, installation, and repair
services, from Torrent Resources, utilizing City of Surprise Contract No. 320156, in an
amount not to exceed $273,420.
21.
Introduction 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 introduce and tentatively adopt 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.
22.
Professional Services Agreement No. WA1810.201 Amendment No. 2, with Dibble &
Associates Consulting Engineers, Inc., dba Dibble Engineering, for Lindsay Road Water Main
Replacement Design Services
Page 6 of 11
Move City Council award Professional Services Agreement No. WA1810.201, Amendment
No. 2, to Dibble & Associates Consulting Engineers, Inc., dba Dibble Engineering, for the
Lindsay Road Water Main Replacement Design Services, in an amount not to exceed
$28,872, for a revised contract amount not to exceed $86,114.
23.
Construction Contract No. ST2006.401 with B&F Contracting, Inc., for Traffic Signal
Installation
Move City Council award Construction Contract No. ST2006.401, to B&F Contracting, Inc.,
for Traffic Signal Installation at Warner Road and Nevada Street, in an amount not to exceed
$594,681.82.
24.
Resolution No. 5539, Authorizing the City of Chandler to Enter into an Agreement to Share
Costs for the Feasibility Study of Bartlett Dam Modification Alternatives and Repealing
Resolution No. 5533 Authorizing a Previous Version of the Agreement
Move City Council approve Resolution No. 5539 authorizing the City of Chandler to enter
into an agreement to share costs for the Feasibility Study of Bartlett Dam Modification
Alternatives Among Various Participating Entities and Salt River Agricultural Improvement
and Power District in the amount not to exceed $400,000, and repealing Resolution No.
5533 authorizing a previous version of the agreement.
25.
Professional Services Agreement No. ST2103.101 with Kimley-Horn and Associates, Inc., for
the Ray Road and Dobson Road Intersection Improvements Study Consultant Services
Move City Council award Professional Services Agreement No. ST2103.101, with Kimley-
Horn and Associates, Inc., for the Ray Road and Dobson Road Intersection Improvements
Study Consultant Services, in an amount not to exceed $167,130.
26.
Sole Source Purchase of Hach Equipment, Service, and Parts
Move City Council approve the sole source purchase of Hach equipment, service, and parts,
from Hach Company, in the amount of $600,000, for a two-year term, February 1, 2022,
through January 31, 2024.
27.
Sole Source Purchase of Arsenic Removal Filter Media
Move City Council approve the sole source purchase of arsenic removal filter media, from
Evoqua Water Technologies, in an amount not to exceed $220,000.
28.
Resolution No. 5545, Authorizing Project Agreement No. 5 Under the Public Infrastructure
Master Agreement Dated May 24, 2019, with Intel Corporation
Move City Council approve Resolution No. 5545, authorizing Project Agreement No. 5 under
the Public Infrastructure Master Agreement dated May 24, 2019, between the City of
Chandler and Intel Corporation, a Delaware Corporation, for the construction of
Page 7 of 11
improvements to the City’s Airport Water Reclamation and Ocotillo Water Reclamation
facilities needed to serve Intel’s campus at 4500 S. Dobson Road.
Consent Agenda Motion and Vote
Councilmember Orlando moved to approve the Consent Agenda of the January 27, 2022, Regular
City Council Meeting; Seconded by Councilmember Ellis.
Motion carried unanimously (7-0).
Action Agenda No. 29 and Discussion
29.
Annual Comprehensive Financial Report (ACFR) for the Fiscal Year ended June 30, 2021, and
Resolution No. 5542
Move City Council accept the Annual Comprehensive Financial Report (ACFR) and related
financial audit reports submitted by Heinfeld, Meech & Co., P.C. for the fiscal year ended
June 30, 2021, and approve Resolution No. 5542 to demonstrate compliance with §9-481(H)
and ARS §41-1494.
JOSHUA WRIGHT, City Manager, introduced the item and asked KRISTI SMITH, Accounting
Manager, to present.
MS. SMITH introduced COREY ARVIZU, Partner and JOSHUA JUMPER, Manager from Heinfeld,
Meech & Co. Ms. Smith thanked Mr. Arvizu, Mr. Jumper, and the Accounting Division for their
efforts in preparing the FY2020-21 audit report.
Mr. Arvizu presented the following presentation.
• Presentation of the City of Chandler Annual Financial Audit For the Fiscal Year Ended June
30, 2021
• Requirements
o The City is required by City Charter and State Statute to issue an annual audited
financial report, and federal law requires the City to undergo an annual single audit
(A-133) of federal financial assistance.
o Effective September 29, 2021, ARS §9-481 (H), as amended by Laws 2021, Ch 427, §1,
auditors must present audit results and any findings to the Council in a regular
meeting without the use of a consent agenda within 90 days of audit completion.
o ACFR posted online; at least 3 years reports.
• Importance of the Audit
o Verify management representations regarding finances
o Demonstrate stewardship and accountability to:
Citizens
Governing body
Page 8 of 11
Grantors
State agencies
Federal agencies
Bond holders
IRS
Creditors
o Review compliance with certain laws and regulations
o Governing body ultimately must ensure management fulfills its responsibility
COUNCILMEMBER ORLANDO asked if there was an issue in the past that prompted us to change
the law. He asked for information on the background of the law.
MR. WRIGHT said he was personally unaware of the background and asked the Strategic Initiatives
Director, Ryan Peters, to address the question.
RYAN PETERS, Strategic Initiatives Director, explained that last year, a special interest group
claimed there were these audits being done and then were left alone and put on consent agendas
to hide it from the public. They wanted to ensure that the public had a full opportunity to review
the audit findings through this type of presentation. There was no specific problem that prompted
this but suggested that it could create a problem by hiding it on a consent agenda.
COUNCILMEMBER ORLANDO said that we put the report on our website, that we have to fiduciary
produce the report anyway and that is a public document, and that any citizen could come up at
any time during the budget process and even after the audit and still ask questions.
MR. PETERS said that point was made during testimony, and it was not persuasive.
COUNCILMEMBER ORLANDO said we are paying these gentlemen to go through this briefing, and
the taxpayers are paying for this again.
COUNCILMEMBER HARRIS asked if the budget and taxpayer cost was discussed in the testimonies
that originated this procedure.
MR. PETERS said that issue did not come up but emphasized the importance of transparency.
MR. ARVIZU explained that in many organizations it is standard practice for auditors to meet with
the governing body. It is part of the evolution of transparency and openness regarding public
finances.
Mr. Jumper continued the presentation.
• Audit Process
Page 9 of 11
o Engagement letter and initial planning of the audit began in April
o Site visits in July, August, October, and November
o Various audit procedures performed remotely between site visits
o Audit reports issued in December & January
• Audit Related Reports Issued
o Audit communication to those charged with governance
o Annual Comprehensive Financial Report (ACFR)
o Single Audit Reporting Package
Report on internal control for audit under Government Auditing Standards
Report on internal control and compliance for federal awards as required
o Agreed-upon procedures report for ADEQ landfill requirements
o Agreed-upon procedures for p-card transactions
o Annual expenditure limitation report
• Key Items from FY2020-21
o 1. Unqualified (clean) audit opinion dated December 10, 2021
o 2. No internal control deficiencies noted
o 3. COVID-19 related funding required significant attention and focus for audit team
Approximately $14.5M spent in fiscal year 2021
o 4. Increase to government-wide net position of $25,690,296
Mr. Arvizu continued the presentation.
• Other Important Communication
o Communication to those charged with governance provided by the audit firm at the
completion of the audit must include the following:
Engagement letter provided by the audit firm to management at the initiation
of the audit
Management representation letter provided by management to the audit firm
at the completion of the audit.
• Questions?
COUNCILMEMBER HARRIS asked in the opinion of the auditors if Chandler is a well-maintained
city and fiscally responsible.
MR. ARVIZU answered that Chandler’s financial position is healthy, financial statements are
accurate, and staff is attentive and cooperative. These are indications that management and staff
are doing a good job.
COUNCILMEMBER HARRIS thanked Team Chandler for being good partners in public-private
partnerships. Maintaining Chandler’s high standards is important.
Page 10 of 11
Action Agenda Motion and Vote
Councilmember Orlando moved to approve the Annual Comprehensive Financial Report (ACFR)
for the Fiscal Year ended June 30, 2021, and Resolution No. 5542; seconded by Councilmember
Lopez.
Motion carried unanimously (7-0).
Current Events
Mayor's Announcements
VICE MAYOR ROE made the following announcements on behalf of MAYOR HARTKE.
VICE MAYOR ROE introduced the 2022 State of City Community Celebration on Thursday, February
17 at the Chandler Center for the Arts which will have a free concert and food from local Chandler
restaurants.
VICE MAYOR ROE introduced the Good Neighbor 101 Program put on by the City’s Neighborhood
Resources Department, a four-session program where residents can learn about services and
programs that directly impact their community. The first session is Wednesday, February 9 from
5 – 6 p.m.
VICE MAYOR ROE announced Chandler’s month of events for Black History Month.
VICE MAYOR ROE introduced the Arizona Art Academy’s 2022 Chinese New Year Spring Festival
Gala at 7pm on Saturday, February 5 at Hamilton High School Auditorium
Council's Announcements
VICE MAYOR ROE said goodbye to Debra Stapleton, Assistant City Manager.
COUNCILMEMBER ELLIS announced the kickoff of February’s Black History Month events in
Chandler with Food Truck Friday: A Night at the Museum event on Friday, January 28 from 6 – 8
p.m. and the Bigger than Boxing exhibition about Zora Folley. Councilmember Ellis also introduced
the National Haitian American Elected Officials Network (NHAEON) retreat events on January 28 –
29. Councilmember Ellis thanked the Council for their support in this event.
COUNCILMEMBER LOPEZ congratulated the board, staff, and sponsors of the Chandler
International Film Festival for a successful event. Councilmember Lopez also announced the Night
of Hope at Cornerstone Church on Sunday, February 6 to fight human trafficking.
COUNCILMEMBER HARRIS thanked Mayor, Council, and Congressman Stanton for the success of
the Martin Luther King Jr. Keeping the Dream Alive ceremony. Councilmember Harris introduced
Page 11 of 11
Our Stories: A Conversation with the Folley Family at the Chandler Museum on Saturday, January
29. Councilmember Harris encouraged residents to attend these events.
Adjourn
The meeting was adjourned at 6:27 p.m.
ATTEST: _______________________
______________________________
City Clerk Mayor
Approval Date of Minutes: February 10, 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 27th day of January 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