Minutes of the Regular Meeting of March 23, 2023

City of Chandler — Regular Meeting (2023-04-13)

View PDF Meeting page

Extracted text (via pymupdf) 16878 characters
Meeting Minutes 
City Council Regular Meeting 
 
March 23, 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  
 
 
 
 
Josh Wright, City Manager  
Councilmember OD Harris  
 
 
 
Kelly Schwab, City Attorney  
Councilmember Mark Stewart 
 
 
 
Dana DeLong, City Clerk 
*Councilmember Christine Ellis   
 
 
Councilmember Jane Poston 
 
 
 
 
*Councilmember Angel Encinas 
 
*Councilmember Ellis and Councilmember Encinas attended telephonically.  
 
Absent 
Vice Mayor Matt Orlando - excused 
 
 
Invocation 
The invocation was given by Pastor Victor Hardy. 
 
Pledge of Allegiance 
The Pledge of Allegiance was led by Mayor Hartke.  
 
Consent Agenda and Discussion 
 
City Clerk 
1. 
Board and Commission Appointments

Page 2 of 9 
 
 
 
Move City Council approve the Board and Commission appointments as recommended. 
   
City Manager 
2. 
Introduction and Tentative Adoption of Ordinance No. 5048, Amending City Code Chapter 
22 – Short-Term Rentals, Related to the Regulation of Short-Term Rentals 
 
Move City Council tentatively adopt Ordinance No. 5048, amending the Code of the City of 
Chandler by amending Chapter 22 – Short-Term Rentals, providing for the repeal of 
conflicting ordinances; providing for severability; and providing for penalties. 
 
NOTE: 
An insubstantial change was made to Exhibit A to Ordinance No. 5048 relating to short term 
rentals to make it consistent with the City Code’s current language.  Specifically, the word 
“recidivist” was replaced with “habitual offender”. 
 
3.  
Resolution No. 5659 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 
 
Move City Council pass and adopt Resolution No. 5659 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. 
 
Cultural Development 
4. 
Resolution No. 5674 Authorizing Modification of the Assessment Diagram for the 
Downtown Chandler Enhanced Municipal Services District 
 
Move Council adopt Resolution No. 5674 authorizing Modification of the Assessment 
Diagram; making a Statement and Estimate of Expenses for the Downtown Chandler 
Enhanced Municipal Services District; completing the Assessment; setting the Date for the 
Hearing On The Assessment; and ordering the Giving of Notice of Such Hearing. 
 
Development Services  
5. 
Introduction of Ordinance No. 5050, PLH22-0065 Vivas Property, Rezoning from Agricultural 
District (AG-1) to Planned Area Development (PAD) for Single-Family Residential, Located at 
the Southwest Corner of Pecos and Cooper Roads 
 
Rezoning 
Move City Council introduce and tentatively adopt Ordinance No. 5050 approving PLH22-
0065 Vivas Property, Rezoning from Agricultural District (AG-1) to Planned Area 
Development (PAD) for Single-Family Residential, subject to the conditions as 
recommended by Planning and Zoning Commission. 
 
Preliminary Development Plan

Page 3 of 9 
 
 
 
Move City Council approve Preliminary Development Plan (PDP) PLH22-0065 Vivas 
Property, for site layout and building architecture, subject to the conditions as 
recommended by Planning and Zoning Commission. 
 
6. 
Resolution No. 5668, Authorizing a License Agreement between Qwest Corporation, dba 
CenturyLink QC, and the City of Chandler to Allow for Overlashing of Existing Aerial Plant in 
the City's Rights-of-Way 
 
Move Council adopt Resolution No. 5668, authorizing the Mayor to execute the license 
agreement between Qwest Corporation, dba CenturyLink QC, and the City of Chandler to 
allow for overlashing of existing aerial plant in the City's rights-of-way, and authorizing the 
City Manager or designee to execute other documents as needed to give effect to the 
agreement. 
 
7. 
Use Permit, PLH22-0005 Crown Castle Wireless, for Installation of a Wireless 
Telecommunication Facility, Located at 2055 S. Stearman Drive at the Southeast Corner of 
Germann Road and Stearman Drive, Approximately 1/4 Mile West of Gilbert Road 
 
Move City Council approve Use Permit, PLH22-0005 Crown Castle Wireless, subject to the 
conditions recommended by Planning and Zoning Commission. 
 
8. 
PLT21-0057 Final Plat of Parkside, Located South of the Southwest Corner of Frye Road and 
Cooper Road 
 
Move City Council approve PLT21-0057 Final Plat of Parkside, as recommended by staff. 
 
Economic Development 
9. 
Resolution No. 5669, Approving an Uncrewed Aircraft Systems Pilot Project in West 
Chandler 
 
Move City Council pass and adopt Resolution No. 5669 approving an Agreement between 
the Maricopa Association of Governments and the City of Chandler to consent to an 
uncrewed aircraft systems pilot project conducted by Airspace Link; and approving a related 
Pilot Project Agreement between Airspace Link and the City of Chandler. 
 
Facilities and Fleet 
10. 
Agreement No. FS0-060-4131, Amendment No. 3, for OEM Auto Parts and Service 
Move City Council approve Agreement No. FS0-060-4131, Amendment No. 3, with Tex 
Chevrolet, dba Earnhardt Chevrolet; Earnhardt Enterprises, dba Earnhardt Toyota Scion; 
Earnhardt Gilbert Dodge, Inc., dba Earnhardt Chrysler Dodge Jeep Ram; Earnhardt Chandler 
Cadillac, Inc.; and Earnhardt Ford Sales Company, for OEM auto parts and service, for a 
period of one year, April 1, 2023, through March 31, 2024, in a combined total amount not 
to exceed $350,000. 
 
Management Services

Page 4 of 9 
 
 
 
11. 
New License Series 12, Restaurant Liquor License Application for Vijay Kumar Kandukuri 
Venkateshwarlu, Agent, Nakshatra Treats, LLC, DBA Biryani Pot 
 
Move for recommendation to the State Department of Liquor Licenses and Control for 
approval of the State Liquor Job No. 229383, a Series 12, Restaurant Liquor License, for Vijay 
Kumar Kandukuri Venkateshwarlu, Agent, Nakshatra Treats, LLC, DBA Biryani Pot, located 
at 2820 S. Alma School Road, Suite 15, and approval of the City of Chandler, Series 12, 
Restaurant Liquor License No. 304794. 
 
12. 
New License Series 12, Restaurant Liquor License Application for Juanita Alicia Esparza, 
Agent, Buqui Bichi Chandler, LLC, DBA Buqui Bichi 
 
Move for recommendation to the State Department of Liquor Licenses and Control for 
approval of the State Liquor Job No. 231394, a Series 12, Restaurant Liquor License, for 
Juanita Alicia Esparza, Agent, Buqui Bichi Chandler, LLC, DBA Buqui Bichi, located at 325 S. 
Arizona Avenue, Suite 2, and approval of the City of Chandler, Series 12, Restaurant Liquor 
License No. 304808. 
 
13. 
New License Series 12, Restaurant Liquor License Application for April Risa Hirschi, Agent, 
BJ's Restaurants Inc., DBA BJ's Restaurant & Brewhouse 
 
Move for recommendation to the State Department of Liquor Licenses and Control for 
approval of the State Liquor Job No. 218519, a Series 12, Restaurant Liquor License, for April 
Risa Hirschi, Agent, BJ's Restaurants Inc., DBA BJ's Restaurant & Brewhouse, located at 7151 
W. Ray Road, and approval of the City of Chandler, Series 12, Restaurant Liquor License No. 
304791. 
 
Mayor and Council 
14. 
Resolution No. 5675, City Council Rules and Procedures 
 
Move City Council adopt Resolution No. 5675 amending City Council Rules and Procedures. 
 
Police Department 
15. 
Resolution No. 5671 Pertaining to the Submission of Projects for Consideration in Arizona's 
2024 Highway Safety Plan 
 
Move City Council pass and adopt Resolution No. 5671 pertaining to the submission of 
projects for consideration in Arizona's 2024 Highway Safety Plan and authorize the Chief of 
Police to conduct all negotiations and to execute and submit all documents necessary in 
connection with such grant. 
 
Public Works and Utilities  
16. 
Resolution No. 5660 Approving the Abandonment of a Portion of the Temporary Drainage 
and Retention Easements No Longer Needed for Public Use Located on the Southeast 
Corner of Arizona Avenue and Balsam Drive

Page 5 of 9 
 
 
 
 
Move City Council pass and adopt Resolution No. 5660 approving the abandonment of a 
portion of the temporary drainage and retention easements no longer needed for public 
use located on the southeast corner of Arizona Avenue and Balsam Drive. 
 
17. 
Professional Services Agreement No. WW2211.451, with Wilson Engineers, LLC, for the 
Ocotillo Water Reclamation Facility Influent Pump Station Odor Control Construction 
Management Services 
 
Move City Council award Professional Services Agreement No. WW2211.451, to Wilson 
Engineers, LLC, for the Ocotillo Water Reclamation Facility Influent Pump Station Odor 
Control Construction Management Services, in an amount not to exceed $498,330. 
 
18. 
Construction Manager at Risk Agreement No. WW2211.401, with MGC Contractors, Inc., for 
the Ocotillo Water Reclamation Facility Influent Pump Station Odor Control 
 
Move City Council award Construction Manager at Risk Agreement No. WW2211.401, to 
MGC Contractors, Inc., for the Ocotillo Water Reclamation Facility Influent Pump Station 
Odor Control, in an amount not to exceed $7,815,392.50. 
 
19. 
Professional Services Agreement No. ST2307.201, with EPS Group, Inc., for the Union Pacific 
Railroad (UPRR)/Willis Road Improvements Design Services 
 
Move City Council award Professional Services Agreement No. ST2307.201 to EPS Group 
Inc., for the Union Pacific Railroad (UPRR)/Willis Road Design Services, in an amount not to 
exceed $190,641.50. 
 
20. 
Professional Services Agreement No. ST2301.201, with EPS Group, Inc., for the Armstrong 
Way and Hamilton Street Improvements Design Services 
 
Move City Council award Professional Services Agreement No. ST2301.201, to EPS Group 
Inc., for the Armstrong Way and Hamilton Street Improvements Design Services, in an 
amount not to exceed $143,998.50. 
 
21. 
Professional Services Agreement No. ST2308.201, with NFra, Inc., for the Delaware Street 
Parking Lot Design Services 
 
Move City Council award Professional Services Agreement No. ST2308.201, to NFra, Inc., for 
the Delaware Street Parking Lot Design Services, in an amount not to exceed $194,793. 
 
22. 
Professional Services Agreement No. WA2106.271, with Dick & Fritsche Design Group, Inc., 
for the Pecos Surface Water Treatment Plant Administration Building HVAC and Water 
Quality Lab Renovation Post-Design Services 
 
Move City Council award Professional Services Agreement No. WA2106.271, to Dick & 
Fritsche Design Group, Inc., for the Pecos Surface Water Treatment Plant Administration 
Building HVAC and Water Quality Lab Renovation Post-Design Services, in an amount not 
to exceed $116,351.50.

Page 6 of 9 
 
 
 
 
23. 
Construction Manager at Risk Agreement No. WA2106.401, with Caliente Construction, Inc., 
for the Pecos Surface Water Treatment Plant Administration Building HVAC and Water 
Quality Lab Renovation 
 
Move City Council award Construction Manager at Risk Agreement No. WA2106.401, to 
Caliente Construction, Inc., for the Pecos Surface Water Treatment Plant Administration 
Building HVAC and Water Quality Lab Renovation, in an amount not to exceed $1,319,649. 
 
24. 
Construction Services Contract No. 4215045, Project No. ST1616, with Salt River Project, for 
the Ocotillo Road Improvements, Gilbert Road to 148th Street 
 
Move City Council award Construction Services Contract No. 4215045, Project No. ST1616, 
to Salt River Project, for the Ocotillo Road Improvements - Gilbert Road to 148th Street, in 
an amount not to exceed $425,572. 
 
Consent Agenda Motion and Vote  
Councilmember Harris moved to approve Consent Agenda Items 1-24 of the March 23, 2023, 
Regular City Council Meeting; Seconded by Councilmember Poston.  
 
Motion carried unanimously (6-0), with the exception of Item No. 2 which passed by majority (5-1) 
with Councilmember Stewart dissenting.  
 
Briefing and Discussion 
25. 
Discussion and Direction to Staff Regarding Ideas for Further Revenue Cuts to Provide 
Assistance to the Citizens of Chandler as Discussed in the Budget Meetings, as requested 
by Councilmember Stewart 
 
COUNCILMEMBER STEWART said that further discussion on this item will be tabled until a later 
time.  
 
Informational  
26. 
January 18, 2023, Planning and Zoning Commission Meeting Minutes 
 
27. 
Special Event Liquor Licenses and Temporary and Permanent Extensions of Liquor 
License Premises Administratively Approved 
 
28. 
Contracts and Agreements Administratively Approved, Month of February 2023 
 
Unscheduled Public Appearances

Page 7 of 9 
 
 
 
DAVID FLETCHER, 701 S Dobson Rd, Mesa, shared that table tennis is highly popular among 
Chandler residents. Due to popularity, there should be a permanent table tennis area in 
Chandler’s recreational facilities. Players have been setting up tables and equipment during times 
of play. The number of days and amount of time that table tennis is allowed should be increased.  
 
MIKE FUSCHINO, 1081 W Boston Ct, Chandler, shared that the number of tables at different 
facilities is not enough for the growing amount of table tennis players. Table tennis is underfunded 
in comparison to other racket sports in Chandler. More hours and more days to play would help, 
but a permanent facility to play table tennis would be ideal. Mr. Fuschino added that Tumbleweed 
Recreation Center does not accept Silver & Fit health programs, despite covering other fitness 
programs like Silver Sneakers.  
 
COUNCILMEMBER STEWART commented that table tennis is popular, and the demand has 
increased. 
 
MIKE SIMPSON, 1724 E Caldwell St, Phoenix, project manager for Simpson Walker Contracting, 
contracted for the Tennis Center at Tumbleweed Park. The project was completed, but change 
orders still need to be approved by council to complete payment for the work.  
 
VICTOR HARDY, 2220 E Spruce Dr, shared that he is resigning from the For Our City Chandler 
board. 
 
Current Events 
Mayor's Announcements 
MAYOR HARTKE said the Chandler Jazz Festival will take place downtown from March 30 through 
April 2, 2023.  
 
MAYOR HARTKE shared that March 23 is Piestewa Challenge Day, held at Piestewa Peak to honor 
women in combat, and National Chip and Dip Day. 
 
MAYOR HARTKE shared the East Valley Mayor’s Prayer Breakfast on the topic on youth mental 
health and suicide awareness will be held April 20, 2023. 
 
MAYOR HARTKE wished everyone happy Easter and Passover.  
 
Council's Announcements 
COUNCILMEMBER POSTON congratulated the Chandler Chamber on the successful Ostrich 
Festival and thanked Chandler Public Safety for their efforts.  
 
COUNCILMEMBER HARRIS shared that the One N Ten organization is celebrating 30 years of 
service and hosted a Fresh Brunch in celebration.

Page 8 of 9 
 
 
 
 
COUNCILMEMBER HARRIS shared that the Mental Health Symposium held at St. Matthews Church 
was a success.  
 
COUNCILMEMBER HARRIS shared that the Chandler American Legion celebrated 104 years of 
service.  
 
COUNCILMEMBER HARRIS announced the 2023 Biennial Beautillion March 25 at 6:00 p.m. at Gila 
River Resort Wild Horse Pass. 
 
COUNCILMEMBER STEWART added that the Ostrich Festival was great. The Chandler Jazz Festival 
will be a fantastic event.  
 
COUNCILMEMBER STEWART commented our budget is underway to move us forward to the 2023 
and 2024 fiscal year. 
 
COUNCILMEMBER STEWART congratulated Claret Ricegraf, 2023 Champions of the First Tech 
Robotics Challenge.  
 
COUNCILMEMBER STEWART thanked Pastor Hardy for his contributions to the city. 
 
City Manager's Announcements 
JOSH WRIGHT, City Manager, thanked City staff for their contributions to the Ostrich Festival.  
 
MR. WRIGHT added that this week the first class of Chandler-Gilbert Community College Interns 
started at the City. This is a great partnership with CGCC and we are looking forward to 
continuing our partnership.  
 
Adjourn 
The meeting was adjourned at 6:32 p.m. 
 
 
ATTEST:  _______________________  
______________________________ 
                       City Clerk                                                   Mayor 
 
 
Approval Date of Minutes:  April 13, 2023

Page 9 of 9 
 
 
 
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 23rd day of March 2023.  I further 
certify that the meeting was duly called and held and that a quorum was present. 
 
DATED this _______ day of April, 2023. 
 
 
 
 
 
 
 
__________________________ 
                                                         
           City Clerk