Minutes of the Regular Meeting of January 26, 2023
Extracted text (via pymupdf)
23436 characters
Meeting Minutes
City Council Regular Meeting
January 26, 2023 | 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 6:00 p.m.
Roll Call
Council Attendance
Appointee Attendance
Mayor Kevin Hartke
Tadd Willie, Acting City Manager
Vice Mayor Matt Orlando
Kelly Schwab, City Attorney
Councilmember OD Harris
Dana DeLong, City Clerk
Councilmember Mark Stewart
*Councilmember Christine Ellis
Councilmember Jane Poston
Councilmember Angel Encinas
*Councilmember Ellis attended telephonically.
Invocation
The invocation was given by Pastor Tim Klontz, Family Bible Church
Pledge of Allegiance
The Pledge of Allegiance was led by Councilmember Poston.
Consent Agenda and Discussion
City Clerk
1.
Approval of Minutes
Move to approve the Council meeting minutes of the Regular Meeting of January 12, 2023
and the Special Meeting of January 12, 2023.
Page 2 of 11
Communications and Public Affairs
2.
Agreement No. CAPA2-918-4421, Amendment No. 1, with Davidson Belluso, for Digital
Marketing Services for Recruitment Campaigns
Move the City Council approve Agreement No. CAPA2-918-4421, Amendment No. 1, with
Davidson Belluso, for digital marketing services for recruitment campaigns, in an amount
not to exceed $381,000, for the period of one year, beginning March 1, 2023, through
February 28, 2024.
Community Services
3.
Agreement No. CS9-956-3919, Amendment No. 2, for Library Materials and Related Services
Move City Council approve Agreement No. CS9-956-3919, Amendment No. 2, with Baker &
Taylor, LLC; Ingram Library Services, LLC; and Midwest Tape, LLC; for library materials and
related services, in a combined amount not to exceed $1,150,000, for a period of two years,
November 1, 2022, through October 31, 2024.
4.
Professional Services Agreement No. PR2205.202, with Logan Simpson Design, Inc., for
Brooks Crossing Park Renovation Design Services
Move City Council award Professional Services Agreement No. PR2205.202 to Logan
Simpson Design, Inc., for Brooks Crossing Park Renovation Design Services, in an amount
not to exceed $187,840.
Development Services
5.
Introduction and Tentative Adoption of Ordinance No. 5024 and Use Permit PLH22-0054 /
PLH22-0059 Game Show Battle Room, 6909 West Ray Road, Generally Located at the
Southeast Corner of Ray Road and 56th Street
Rezoning
Move City Council introduce and tentatively adopt Ordinance No. 5024 approving PLH22-
0054 Game Show Battle Room, Rezoning from Planned Area Development (PAD) for
Neighborhood Commercial (C-1) uses to PAD for Community Commercial (C-2) uses within
an existing commercial center, subject to the conditions as recommended by Planning and
Zoning Commission.
Use Permit
Move City Council approve PLH22-0059 Game Show Battle Room, Use Permit for a Series 7
Beer and Wine Bar license, subject to the conditions as recommended by Planning and
Zoning Commission.
6.
Introduction and tentative adoption of Ordinance No. 5044, approving a request to amend
Chapter 35 of the Chandler City Code related to regulating medical marijuana facilities,
medical marijuana cultivation sites, and medical marijuana infusion food establishments.
Page 3 of 11
Proposed amendments include expanding hours of operation, increasing square-footage
size limitations, and permitting the collocation of an ancillary medical marijuana facility with
its affiliated onsite medical marijuana cultivation site and/or medical marijuana infusion
food establishment when approved through a Conditional Use Permit, as recommended by
Planning and Zoning Commission
Move City Council introduce and tentatively adopt Ordinance No. 5044, approving the
citizen initiative Zoning Code Amendment PLH22-0060 Medical Marijuana Code
Amendment, as recommended by Planning and Zoning Commission.
7.
Resolution No. 5657, Authorizing a License Agreement between the Gigapower, LLC, dba
Gigapower, and the City of Chandler for the Use of Public Property for the Establishment of
a Class 5 Communications System
Move City Council adopt Resolution No. 5657, authorizing the Mayor to execute the license
agreement between Gigapower, LLC, dba Gigapower, and the City of Chandler for the Use
of Facilities in the City's Rights-of-Way and Public Places to Establish a Class 5
Communications System, and authorizing the City Manager or designee to execute other
documents as needed to give effect to the agreement.
8.
Preliminary Development Plan, PLH22-0039 Mountain View Estates, Located on the North
Side of Riggs Road Approximately 1/4 Mile East of Lindsay Road
Move City Council approve Preliminary Development Plan PLH22-0039 Mountain View
Estates for housing product design to be constructed on a 16-lot single family subdivision,
subject to the conditions as recommended by Planning and Zoning Commission.
9.
Use Permit PLH22-0050 Maple House, 198 W. Boston Street, Located on the Northeast
Corner of Boston and California Streets in Downtown Chandler
Move City Council approve Use Permit for a Series 7 Beer and Wine Bar License and
Entertainment Use Permit to allow outdoor speakers and acoustic live entertainment,
subject to the conditions recommended by Planning and Zoning Commission.
10.
Entertainment Use Permit, PLH22-0049 Elliot's Steakhouse, Located at 81 W. Boston St, on
the Southwest Corner of Arizona Ave and Boston Street
Move City Council approve Entertainment Use Permit, PLH22-0049 Elliot's Steakhouse, for
live indoor entertainment and indoor and outdoor speakers for background music, subject
to the conditions recommended by Planning and Zoning Commission.
Economic Development
11.
Agreement No. ED2-918-4422, Amendment No. 1, with 2060 Digital, LLC, for Digital
Marketing Services
Page 4 of 11
Move City Council approve Agreement No. ED2-918-4422, Amendment No. 1, with 2060
Digital, LLC, for digital marketing services, in an amount not to exceed $500,000, for the
period of one year, beginning March 1, 2023, through February 28, 2024.
Facilities and Fleet
12.
Purchase of Painting and Related Services
Move City Council approve the purchase of painting and related services, from Ghaster
Painting & Coatings, Inc., utilizing the City of Mesa Contract No. 2018165, increasing the
spending limit by $230,000, for a revised amount not to exceed $330,000, for the existing
term ending May 31, 2023.
13.
Purchase of City Hall Cooling Tower Replacement Services
Move City Council approve the purchase of City Hall cooling tower replacement services,
from Sun Mechanical Contracting, Inc., utilizing the Mohave Educational Services
Cooperative (MESC) Contract No. 19F-SMC-0904, in the amount of $439,600, and authorize
the City Manager to sign a linking agreement with Sun Mechanical Contracting, Inc.
Fire Department
14.
Agreement No. FD2-340-4440, with LN Curtis, Swift Group, Velocity Fire, and United Fire, for
Fire Turnouts and Personal Protective Equipment (PPE)
Move City Council approve Agreement No. FD2-340-4440, with LN Curtis, Swift Group,
Velocity Fire, and United Fire, for fire turnouts and PPE, in an amount not to exceed
$850,000, for the period of one year, beginning February 1, 2023, through January 31, 2024.
Information Technology
15.
Agreement No. IT2-918-4438, Amendment No. 1, with CE Wilson Consulting, for
Professional and Project Consulting Services
Move City Council approve Agreement No. IT2-918-4438, Amendment No. 1, with CE Wilson
Consulting, for professional and project consulting services, in an amount not to exceed
$150,000, for a one-year term, beginning January 1, 2023, through December 31, 2023.
16.
Purchase of Cisco Smartnet
Move City Council approve the purchase of Cisco Smartnet, from Sentinel Technologies,
Inc., utilizing the 1GPA Contract No. 22-02PV-18, in the amount of $233,745.
Management Services
17.
New License Series 6, Bar Liquor License application for DTC Bar, LLC, DBA Val's
Move for recommendation to the State Department of Liquor Licenses and Control for
approval of the State Liquor Job No. 213988, a Series 6, Bar Liquor License, for Patrick Roger
Stratman, Agent, DTC Bar, LLC, DBA Val's, located at 118 W. Boston Street, and approval of
the City of Chandler, Series 6, Bar Liquor License No. 304457.
Page 5 of 11
18.
New License Series 12, Restaurant Liquor License application for The Taco Spot, LLC, DBA
The Taco Spot
Move for recommendation to the State Department of Liquor Licenses and Control for
approval of the State Liquor Job No. 220578, a Series 12, Restaurant Liquor License, for
Jeffery Craig Miller, Agent, The Taco Spot, LLC, DBA The Taco Spot, located at 698 E. Chandler
Boulevard, Suite B, and approval of the City of Chandler, Series 12, Restaurant Liquor
License No. 202733.
19.
New License Series 6, Bar Liquor License application for GTC Chandler, LLC, DBA Good Time
Charli's
Move for recommendation to the State Department of Liquor Licenses and Control for
approval of State Liquor Job No. 218632, and further, that approval be given for the City of
Chandler Series 6, Bar Liquor License No. 300408 L6, for Jeffery Craig Miller, Agent, GTC
Chandler, LLC, DBA Good Time Charli's, located at 6045 W. Chandler Boulevard Suite # 7.
Neighborhood Resources
20.
Resolution No. 5664 Authorizing a Legal Services Retainer Agreement for Harvey Law, PLLC,
to Assist in the Conversion of Public Housing Properties to Section 8 Project-Based Rental
Assistance and Related Legal Matters
Move City Council pass and adopt Resolution No. 5664 approving Legal Services Retainer
Agreement for Harvey Law, PLLC, to Assist in the Conversion of Public Housing Properties
to Section 8 Project-Based Rental Assistance and Related Legal Matters.
Police Department
21.
Resolution No. 5662 Authorizing an Intergovernmental Agreement Between the City of
Chandler and the City of Phoenix, and Other Identified Cities, for the Award of the Edward
Bryne Memorial Justice Assistance Grant (JAG) Program FY 2022 in the Amount of $43,233
Move City Council pass and adopt Resolution No. 5662, authorizing an Intergovernmental
Agreement (IGA) with the City of Phoenix, and other identified cities, for the award of the
Edward Bryne Memorial Justice Assistance Grant (JAG) Program FY 2022 in the Amount of
$43,233; and authorizing the Mayor to execute the Agreement.
22.
Resolution No. 5663 Authorizing an Intergovernmental Agreement for the Sharing of Law
Enforcement Information
Move City Council pass and adopt Resolution No. 5663 authorizing an Intergovernmental
Agreement for the Sharing of Law Enforcement Information between the City of Chandler,
Town of Gilbert, City of Mesa, City of Tempe and Town of Queen Creek, authorizing the
Mayor to sign the Agreement, and appointing the Chief of Police to administer, execute,
and submit all documents and any other necessary instruments in connection with said
Page 6 of 11
Agreement, including any such future extensions under the same terms and conditions not
to exceed the duration of the original Agreement.
23.
Professional Services Agreement No. PD2205.452, with Kitchell/CEM, Inc., for the Police
Work Area and Storage Renovation Construction Management Services
Move City Council award Professional Services Agreement No. PD2205.452 to Kitchell/CEM,
Inc., for the Police Work Area and Storage Renovation Construction Management Services,
in an amount not to exceed $142,940.
24.
Project Agreement No. PD2205.401 with SDB, Inc., Pursuant to Job Order Contract No.
JOC1912.401, for the Police Work Area and Storage Renovation
Move City Council award Project Agreement No. PD2205.401 to SDB, Inc., Pursuant to Job
Order Contract No. JOC1912.401, for the Police Work Area and Storage Renovation, in an
amount not to exceed $1,808,582.79.
25.
Sole Source Purchase of Taser Conducted Energy Weapons (CEW)
Move City Council approve the sole source purchase of Taser Conducted Energy Weapons
(CEW), from Axon Enterprise, Inc., in the amount of $1,023,556.94.
26.
Purchase of Police Bucket Truck
Move City Council approve the purchase of a Police Bucket Truck, from Altec Industries, Inc.,
utilizing Sourcewell Contract No.062320-ALT, in the amount of $152,936.
Public Works and Utilities
27.
Resolution No. 5642 Approving the Acquisition of a Water Line Easement on Lot 16 of Arden
Park
Move City Council adopt Resolution No. 5642 approving the acquisition of a water line
easement on lot 16 of Arden Park, at fair market value plus closing and escrow fees, in order
to extend a water line from Beverly Place to the south side of Kingbird Drive; authorizing
the City's Real Estate Administer to sign, on behalf of the City, the purchase agreement, and
any other documents necessary to facilitate this acquisition.
28.
Resolution No. 5643 Authorizing an Intergovernmental Agreement with the Arizona Water
Banking Authority for Distribution of Long-Term Storage Credits for Firming Municipal and
Industrial Priority Central Arizona Project Water
Move City Council pass and adopt Resolution No. 5643 authorizing an Intergovernmental
Agreement with the Arizona Water Banking Authority for distribution of long-term storage
credits for firming Municipal and Industrial (M&I) priority Central Arizona Project (CAP)
Water.
Page 7 of 11
29.
Resolution No. 5655 Approving the Abandonment of Temporary Drainage Easements No
Longer Needed for Public Use
Move City Council pass and adopt Resolution No. 5655 approving the abandonment of
temporary drainage easements no longer needed for public use located south of Germann
Road at the southwest corner of Stearman Drive and Douglas Drive.
30.
Professional Services Agreement No. WW2001.203, with HDR Engineering, Inc., for the
Ocotillo Brine Reduction Facility Hydrochloric Acid Storage and Weak Acid Containment
Mixing Improvements Design Services
Move City Council award Professional Services Agreement No. WW2001.203, to HDR
Engineering, Inc., for the Ocotillo Brine Reduction Facility Hydrochloric Acid Storage and
Weak Acid Containment Mixing Improvements Design Services, in an amount not to exceed
$189,475.
Consent Agenda Motion and Vote
Councilmember Poston moved to approve the Consent Agenda of the January 26, 2023, Regular
City Council Meeting; Seconded by Councilmember Encinas.
Motion carried unanimously (7-0).
Action Agenda and Discussion
31.
Resolution No. 5661 Accepting the Annual Comprehensive Financial Report (ACFR) for the
Fiscal Year ended June 30, 2022
Move City Council pass and adopt Resolution No. 5661 accepting 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, 2022, and demonstrating
compliance with Arizona Revised Statutes (ARS) §9-481(H) and §41-1494.
TADD WILLE, Assistant City Manager explained that the city is required by City charter, state
statute, and federal law to issue an annual audited financial report. It is required to have the
auditors report any annual audit results and any findings to the City Council during a regular
meeting.
ROBERT STEELE, Accounting Senior Manager, introduced the item and thanked the auditors
presenting.
COREY ARVIZU, Heinfeld Meech Audit and Consulting Partner, and JOSHUA JUMPER, Heinfeld
Meech Audit Manager, presented the following presentation.
• Presentation of the City of Chandler Annual Financial Audit For the Fiscal Year Ended June
30, 2022 | Presented by Corey Arvizu, Partner & Joshua Jumper, Manager January 26, 2023
Page 8 of 11
• 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
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
• Audit Process
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 issues 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 in internal control and compliance for federal awards as required
o Agreed-upon procedures report for ADEQ landfill requirements
o Annual expenditure limitation report
• Key Items from FY 2021-22
o Unmodified (clean) audit opinion dated December 16, 2022
o No internal control deficiencies noted
o COVID-19 related funding required significant attention and focus for audit team
Approximately $25.8M spent in fiscal year 2022
o Implementation of GASB 87 related to leases
• Other Important Communication
Page 9 of 11
o Communication to those charged with governance provided by the audit firm at the
completion of the audit also includes 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? | Approval of Resolution 5661 demonstrates compliance with ARS §9-481(H)
and ARS §41-1494.
MAYOR HARTKE thanked Mr. Arvizu and Mr. Jumper for the presentation.
VICE MAYOR ORLANDO asked about the normal length of conducting an audit.
MR. ARVIZU answered that the total time worked conducting this audit was 700 hours total.
VICE MAYOR ORLANDO asked if the initial analysis was completed before meeting with City staff.
MR. ARVIZU confirmed and said it depends on what the subject control is. Conducting an audit is
an interactive process between City staff and the audit team.
VICE MAYOR ORLANDO asked if purchasing was investigated in the audit.
MR. ARVIZU said that procurement purchasing is part of the audit review procedures for federal
requirements.
COUNCILMEMBER STEWART asked where the Annual Comprehensive Financial Report is posted.
DAWN LANG, Deputy City Manager / Chief Financial Officer, explained that the 2022 report can
be found at https://www.chandleraz.gov/government/departments/management-services
/accounting.
COUNCILMEMBER HARRIS asked to explain an unqualified opinion audit.
MR. ARVIZU explained that an unqualified or unmodified opinion result means that nothing was
of note in the amounts reported in the financial statements that would be incorrect and are
believed to be accurate. A modified opinion result would mean that there was something of
concern in the financial statements.
COUNCILMEMBER HARRIS asked if Chandler received an unqualified or unmodified opinion.
MR. ARVIZU reported that Chandler received an unqualified or unmodified opinion for this audit.
Page 10 of 11
MAYOR HARTKE thanked Mr. Arvizu and Mr. Jumper.
Action Agenda Motion and Vote
Vice Mayor Orlando moved to approve the Action Agenda Item 31, Resolution No. 5661 accepting
the Annual Comprehensive Financial Report (ACFR) for the fiscal year ending June 30, 2022,
Seconded by Councilmember Ellis.
Motion carried unanimously (7-0).
Informational
32.
Special Event Liquor Licenses and Temporary and Permanent Extensions of Liquor License
Premises Administratively Approved
33.
Claims Report for the Quarter Ended December 31, 2022
34.
Contracts and Agreements Administratively Approved for the Month of December, 2022
Unscheduled Public Appearances
MAYOR HARTKE called for Unscheduled Public Appearances.
ANKIT SURA, 850 W. Oriole Way., shared a presentation on the housing situation in Chandler and
how innovation can make our community affordable and resilient.
Current Events
Mayor's Announcements
MAYOR HARTKE thanked volunteers in the annual Point in Time count conducted January 24, 2022.
MAYOR HARTKE announced the Regional Unity Walk on Saturday, January 28, 2023 at Tempe Town
Lake beginning at 4:30 p.m.
MAYOR HARTKE shared that the Chandler International Film Festival is ongoing until January 29,
2023.
MAYOR HARTKE shared that the city is proposing changes to its existing short-term rental
ordinance, addressing the new state law that allows the city to license short term rental properties
and establish criteria for maintaining licenses. We are looking for public input found in a survey
online at chandleraz.gov/shorttermrental.
Council's Announcements
Page 11 of 11
COUNCILMEMBER ENCINAS shared that local leaders will be present at the Chandler International
Film Festival January 29 at 2:00 p.m. by the East Valley Community Center.
COUNCILMEMBER STEWART shared that 1,300 took part in the budget survey and thanked
residents for being involved and looked forward to hearing more.
COUNCILMEMBER STEWART shared that the Night of Hope event will be taking place Friday,
February 10, 2023, at ASU Gammage at 6:00 p.m. to unite in the fight against human trafficking.
COUNCILMEMBER HARRIS shared that he participated in the East Valley MLK Day parade and
celebration. Martin Luther King Day celebrations across the valley were great and are a great way
to share recognition for those putting in work honoring Dr. King.
COUNCILMEMBER HARRIS share that he is looking forward to serving as treasurer on the Valley
Metro board. Valley Metro services will be conducted from 4:00 a.m. to 2:00 a.m. daily the week
of the Super Bowl.
COUNCILMEMBER POSTON shared a reminder to apply for open positions in Chandler boards and
applications.
City Manager's Announcements
None.
Adjourn
The meeting was adjourned at 6:31 p.m.
ATTEST: _______________________
______________________________
City Clerk Mayor
Approval Date of Minutes: February 9, 2023
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 26th day of January 2023. I further
certify that the meeting was duly called and held and that a quorum was present.
DATED this _______ day of February, 2023.
__________________________
City Clerk