Minutes of the Regular Meeting held on June 27, 2024
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Meeting Minutes
City Council Regular Meeting
June 27, 2024 | 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 6:02 p.m.
Roll Call
Council Attendance
Appointee Attendance
Mayor Kevin Hartke
Joshua Wright, City Manager
Vice Mayor OD Harris
Kelly Schwab, City Attorney
Councilmember Christine Ellis
Dana DeLong, City Clerk
*Councilmember Mark Stewart
Councilmember Matt Orlando
*Councilmember Jane Poston
*Councilmember Stewart and Councilmember Poston attended telephonically.
Absent
Councilmember Angel Encinas - excused
Invocation
The invocation was given by Pastor Jeff Caupp, Tri-City Church.
Pledge of Allegiance
The Pledge of Allegiance was led by Vice Mayor Harris.
Consent Agenda and Discussion
City Clerk
1.
Approval of Minutes
Move City Council approve the Council meeting minutes of the Special Meeting of
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June 10, 2024, the Study Session of June 10, 2024, the Special Meeting of June 13,
2024, the Regular Meeting of June 13, 2024, and the Special Meeting - Budget
Adoption of June 13, 2024.
City Magistrate
2.
Agreement No. CC4-961-4762 for Public Defender Services Move City Council approve
Agreement No. CC4-961-4762, for public defender services, with Michael J. Smith, Attorney
at Law; Elizabeth Gonzalez, AJ Law Group, PLC; Jared Allen, Law Office of Jared Allen PLLC;
Ursula H. Kanjoma, Gordwin Law, PLLC; Manny A. Jacobo, Jacobo Law Firm, PLLC; Alex D.
Gonzalez, Attorney at Law; and Christopher J. Palmisano, The Law Offices of Christopher J.
Palmisano, PLC, for public defender services, in an amount not to exceed $427,000, for the
period of one year, beginning July 1, 2024, through June 30, 2025, with the option of up to
four one-year extensions.
Cultural Development
3.
Resolution No. 5817, Authorizing the Enhanced Municipal Services District (EMSD)
Agreement for Fiscal Year 2024-25 between the City of Chandler and the Downtown
Chandler Community Partnership, and Authorizing the City's Voluntary Contribution to the
EMSD in the Amount of $130,981
Move City Council pass and adopt Resolution No. 5817, authorizing the Enhanced Municipal
Services District (EMSD) Agreement for Fiscal Year 2024-25 between the City of Chandler
and the Downtown Chandler Community Partnership, and authorizing the City's voluntary
contribution to the EMSD in the amount of $130,981.
Development Services
4.
Final Adoption of Ordinance No. 5103, Annexation ANX23-0003, Approving the Annexation
of 13.57 Acres, Located South of the Southeast Corner of Arizona Avenue and Germann
Road
Move City Council adopt Ordinance No. 5103 approving ANX23-0003 Annexation of 13.57
acres located at the southeast corner of Arizona Ave and Germann Road, as recommended
by Planning staff.
5.
Final Adoption of Ordinance No. 5102, Rezoning, PLH23-0070 Chandler Palms Medical
Offices, Located at 500 N. Juniper Drive, Generally Located 1/2 Mile North and West of
Chandler Boulevard and McClintock Drive
Move City Council adopt Ordinance No. 5102 approving PLH23-0070 Chandler Palms
Medical Offices, amending the existing PAD zoning to allow medical office uses, subject to
the conditions as recommended by Planning and Zoning Commission.
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6.
Final Adoption of Ordinance No. 5101, Rezoning, PLH23-0057 Guerrero Residence, Located
at 943, 953 and 963 North Mill Avenue, Generally Located ½ Mile East of the Southeast
Corner of Kyrene and Ray Roads
Move City Council adopt Ordinance No. 5101 approving PLH23-0057 Guerrero Residence,
Rezoning from Agricultural District (AG-1) to Planned Area Development (PAD) for Single-
Family Residential with reduced setbacks, subject to the conditions as recommended by
Planning and Zoning Commission.
7.
Resolution No. 5821 Development Agreement, Introduction and Tentative Adoption of
Ordinance No. 5105 Rezoning, and Preliminary Development Plan; PLH23-0063 CBREIM
Frye, Located at 2500 West Frye Road, Generally Located at the Northwest Corner of Frye
Road and Ellis Street (Continued from the Regular Meeting of May 9, 2024)
Development Agreement
Move City Council pass and adopt Resolution No. 5821, authorizing a Development
Agreement between the City of Chandler and CPUS West Frye Road, LP, related to the
development and operation of an expanded data center on the property, including removal
of water-based cooling equipment at the existing data center.
Rezoning
Move City Council introduce and tentatively adopt Ordinance No. 5105 approving PLH23-
0063 CBREIM Frye, Rezoning from Planned Industrial District (I-1) and Planned Area
Development (PAD) for Office Development to PAD for Data Center uses and Planned
Industrial (I-1) uses with a Mid-Rise Overlay for building heights up to 95 feet, subject to the
conditions as recommended by Planning and Zoning
Commission.
Preliminary Development Plan
Move City Council approve Preliminary Development Plan PLH23-0063 CBREIM Frye
for site layout and building architecture for the expansion of an existing data center on
approximately 14.5 acres, subject to conditions as recommended by Planning staff.
8.
Use Permit, PLH24-0003 El Oasis, Located at 482 E. Erie Street, Approximately 1/4 Mile
North of the Northwest Corner of Chandler Boulevard and Hamilton Street
Move City Council approve Use Permit PLH24-0003 El Oasis, approving a time extension to
a operate a community center and community garden, subject to the conditions
recommended by Planning and Zoning Commission.
Economic Development
9.
Resolution No. 5809 Approving an Amendment to the Intergovernmental Agreement
Between the City of Chandler and the Arizona Board of Regents, on Behalf of Arizona
State University, for the Delivery of Business Incubator and Ecosystem Building
Services, in an Amount Not to Exceed $275,000 Annually
Move City Council pass and adopt Resolution No. 5809 approving an amendment to
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the Intergovernmental Agreement between the City of Chandler and the Arizona Board
of Regents, on behalf of Arizona State University, for the delivery of business incubator
and ecosystem building services, in an amount not to exceed $275,000 annually, for
the period of one year, beginning July 1, 2024, through June 30, 2025.
10.
Agreement No. ED3-920-4587, Amendment No. 1, for Search Engine Optimization
and Pay Per Click Services
Move City Council approve Agreement No. ED3-920-4587, Amendment No. 1, with
Simpleview Worldwide, Inc., for search engine optimization and pay per click services,
in an amount not to exceed $109,200, for a one-year period, beginning July 1, 2024,
through June 30, 2025.
Fire Department
11.
Resolution No. 5819 Approving an Intergovernmental Agreement Extension between the
City of Chandler and the Chandler County Island Fire District for the Provision of Emergency
Services
Move City Council pass and adopt Resolution No. 5819 approving an Intergovernmental
Agreement (IGA) extension between the City of Chandler and the Chandler County Island
Fire District for the provision of emergency services.
12.
Resolution No. 5816 Approving and Authorizing a Collaboration Agreement between
Arizona State University and the City of Chandler for Participation in the AmeriCorps
Program
Move City Council pass and adopt Resolution No. 5816 authorizing a Collaboration
Agreement with the Arizona Board of Regents, for and on behalf of Arizona State University,
for participation in the AmeriCorps Program.
13.
Resolution No. 5807 Approving and Authorizing a Universal Affiliation Agreement Between
Northern Arizona University and the City of Chandler
Move City Council pass and adopt Resolution No. 5807 authorizing an Intergovernmental
Agreement (IGA) with the Arizona Board of Regents, for and on behalf of Northern Arizona
University, for student participation in internships, clinical rotations, and other educational
experiences with the Chandler Fire Department (CFD).
14.
Resolution No. 5803 Approving and Authorizing a Student Placement Agreement Between
Arizona State University and the City of Chandler
Move City Council pass and adopt Resolution No. 5803 authorizing the Mayor to execute a
Student Placement Agreement between Arizona State University and the City of Chandler
for the Chandler Fire Department Crisis Response Unit.
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15.
Agreement No. FD4-948-4766, First Responder Cancer Screenings
Move City Council approve Agreement No. FD4-948-4766, with Vincere Physicians Group,
PLLC, dba Vincere Cancer Center, for first responder cancer screenings, in an amount not
to exceed $550,000, for the period of one year, beginning July 1, 2024, through June 30,
2025.
Human Resources
16.
Resolution No. 5760 Amending Personnel Rule 15, Sections 4, Vacation Leave Accrual; 5,
Maximum Accrual of Vacation Credits; 10, Statutory Sick Leave; 14, Bereavement Leave; 15,
Military Special Leave; 17, Special Leave without Pay; 18, Extended Special Leave without
Pay; 20, Doctor's Release; 21, Payment of Sick Leave; and 23, Administrative Leave
Move City Council pass and adopt Resolution No. 5760, amending Personnel Rule 15
Sections 4, Vacation Leave Accrual; 5, Maximum Accrual of Vacation Credits; 10, Statutory
Sick Leave; 14, Bereavement Leave; 15, Military Special Leave; 17, Special Leave without Pay;
18, Extended Special Leave without Pay; 20, Doctor's Release; 21, Payment of Sick Leave;
and 23, Administrative Leave
17.
Agreement No. HR3-953-4609, Amendment No. 1, with Nationwide Retirement Solutions,
Inc., for Deferred Compensation 457 Plan and Post Employment Health Plan
Administration, Investment, and Trust Services
Move City Council approve Agreement No. HR3-953-4609, Amendment No. 1, with
Nationwide Retirement Solutions, Inc., for Deferred Compensation 457 Plan and Post
Employment Health Plan administration, investment, and trust services.
Law
18.
Renewal of Commercial Insurance and Services for Fiscal Year (FY) 2024-25
Move City Council approve the renewal of commercial insurance and services for FY
2024-25 and authorize the City Attorney and Human Resources Director to sign all
documents related to obtaining commercial insurance and services in an amount not to
exceed $3,929,813.
Management Services
19.
Ordinance No. 5095, Levying upon the Assessed Valuation of the Property within the City of
Chandler, Arizona, Subject to Taxation a Certain Sum Upon Each One Hundred Dollars
($100) of Assessed Valuation Sufficient to Raise the Amount Estimated to be Required in the
Annual Budget, less the Amount to be Received from Other Sources of Revenue;
Providing Funds for Various Bond Redemptions, for the Purpose of Paying Interest Upon
Bonded Indebtedness and Providing Funds for General Municipal Expenses, all for the
Fiscal Year Ending the 30th Day of June, 2025
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Move City Council adopt Ordinance No. 5095, levying upon the assessed valuation of
the property within the City of Chandler, Arizona, subject to taxation a certain sum
upon each one hundred dollars ($100) of assessed valuation sufficient to raise the
amount estimated to be required in the annual budget, less the amount to be received
from other sources of revenue; providing funds for various bond redemptions, for the
purpose of paying interest upon bonded indebtedness and providing funds for general
municipal expenses, all for the Fiscal Year ending the 30th day of June, 2025.
20.
Introduction of Ordinance No. 5087 Amending City Code Chapter 45, Renaming the Chapter
to Stormwater Drainage and Pollution Prevention and Adding or Amending Sections 45-1
to 45-12, Related to the Regulation of Stormwater Retention and Pollution Prevention
Move City Council introduce and tentatively adopt Ordinance No. 5087, amending City Code
Chapter 45 Storm Drainage requirements by adding definitions, declaring stormwater
pollution to be a public nuisance, declaring that altering or failing to maintain a stormwater
collection system is a public nuisance, providing for enforcement through civil citation or
criminal enforcement for willful violations or habitual offenders, adding construction and
post-construction stormwater runoff/release control requirements, and providing for
appeals.
21.
Resolution No. 5815, Designating the Chief Fiscal Officer for Officially Submitting the Fiscal
Year 2025 Expenditure Limitation Report to the Arizona Auditor General
Move City Council pass and adopt Resolution No. 5815, designating the Chief Fiscal
Officer for officially submitting the Fiscal Year 2025 Expenditure Limitation Report to
the Arizona Auditor General.
22.
Purchase of Utility Billing System Annual Support
Move City Council approve the purchase of utility billing system annual support services,
from Advanced Utility Systems, in the amount of $138,717.
23.
License Series 12, Restaurant Liquor License application for Kenneth Micheal LaCivita,
Agent, Special Wings 3, LLC, DBA Cogburn's Big Wings
Move for recommendation to the State Department of Liquor Licenses and Control for
approval of the State Liquor Job No. 296366, a Series 12, Restaurant Liquor License,
for Kenneth Micheal LaCivita, Agent, Special Wings 3, LLC, DBA Cogburn's Big Wings,
located at 2050 N. Alma School Road, Suite 8, and approval of the City of Chandler,
Series 12, Restaurant Liquor License No. 307463.
24.
License Series 12, Restaurant Liquor License Application for Tommy Van Ha,
Agent, Tommy’s Hi 5 Sushi, LLC, DBA Hi 5 Sushi
Move for recommendation to the State Department of Liquor Licenses and Control for
approval of the State Liquor Job No. 295434, a Series 12, Restaurant Liquor License,
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for Tommy Van Ha, Agent, Tommy’s Hi 5 Sushi, LLC, DBA Hi 5 Sushi, located at 225
W. Warner Road, Suite 3, and approval of the City of Chandler, Series 12, Restaurant
Liquor License No. 307208.
25.
License Series 10, Beer and Wine Store Liquor License Application for Pedro Paredes
Gonzalez, Agent, Carniceria El Potrero #2, LLC, DBA Carniceria El Potrero
Move for recommendation to the State Department of Liquor Licenses and Control for
approval of the State Liquor Job No. 296102, a Series 10, Beer and Wine Store Liquor
License, for Pedro Paredes Gonzalez, Agent, Carniceria El Potrero #2, LLC, DBA
Carniceria El Potrero, located at 731 S. Arizona Avenue, and approval of the City of
Chandler, Series 10, Beer and Wine Store Liquor License No. 307316.
Mayor and Council
26.
City Manager Employment Agreement
Move City Council approve the City Manager Employment Agreement for Joshua
Wright for the term of July 1, 2024, through June 30, 2026.
COUNCILMEMBER POSTON declared a conflict of interest on Item 26.
27.
City Attorney Employment Agreement
Move City Council approve the City Attorney Employment Agreement with Kelly
Schwab for the term of July 1, 2024, through June 30, 2026.
28.
City Clerk Employment Agreement
Move City Council approve the City Clerk Employment Agreement with Dana DeLong
for the term of July 1, 2024, through June 30, 2026.
Neighborhood Resources
29.
Introduction and Tentative Adoption of Ordinance No. 5094, Approving the Eleventh
Amendment to the Lease Agreement between the City of Chandler and Maricopa County
Authorizing a Two-Year Lease Extension for Space in the Recreation Building at 660 S. Palm
Lane, Chandler, Arizona, for use as a Head Start Facility
Move City Council introduce and tentatively adopt Ordinance No. 5094, approving the
Eleventh Amendment to the lease agreement between the City of Chandler and
Maricopa County authorizing a two-year lease extension for space in the recreation
building at 660 S. Palm Lane, Chandler, Arizona, for use as a Head Start Facility.
30.
Introduction and Tentative Adoption of Ordinance No. 5093, Approving the Tenth
Amendment to the Lease Agreement between the City of Chandler and Maricopa County
Authorizing a Two-Year Lease Extension for Space in the Recreation Building at 130 N.
Hamilton Street, Chandler, Arizona, for use as a Head Start Facility
Page 8 of 12
Move City Council introduce and tentatively adopt Ordinance No. 5093 approving the Tenth
Amendment to the lease agreement between the City of Chandler and Maricopa County
authorizing a two-year lease extension for space in the recreation building at 130 N.
Hamilton Street, Chandler, Arizona, for use as a Head Start Facility.
31.
Resolution No. 5824, Authorizing the Human Services Funding Guidelines and Adopting the
Service Area Priorities Recommended by the Housing and Human Services Commission
Based on the Results of the 2024 Community Needs Assessment
Move City Council pass and adopt Resolution No. 5824 authorizing the Human Services
Funding Guidelines and adopting the Service Area Priorities recommended by the
Housing and Human Services Commission based on the results of the 2024 Community
Needs Assessment.
32.
Resolution No. 5823 Allocating Fiscal Year 2024-2025 General Funds in the Amount of
$2,083,776.27 to Various Non-Profit Agencies in Accordance with the Recommendations of
the Chandler Housing and Human Services Commission and Staff
Move City Council pass and adopt Resolution No. 5823 approving and authorizing the
allocation of Fiscal Year 2024-2025 General Funds in the amount of $2,083,776.27 to various
non-profit service providers in accordance with the recommendations of the Chandler
Housing and Human Services Commission and staff.
PAULA MCCALL, Chandler, spoke about Semi Colon Society, a Chandler-based nonprofit
organization providing free mental health education, resources, presentations, and events with a
focus on suicide prevention and support. Dr. McCall thanked Council for their support on this item
to fund nonprofits in Chandler. Semi Colon Society strives to build mental health awareness and
empowerment in the community. Dr. McCall announced the second annual World Suicide
Prevention Week Event on Sunday, September 8, 2024, at the Chandler Community Center.
Police Department
33.
Resolution No. 5822 Intergovernmental Agreement for Participation in the East
Valley Critical Incident Response Team
Move City Council pass and adopt Resolution No. 5822 approving an Intergovernmental
Agreement among the City of Chandler, City of Apache Junction, Town of Gilbert, City
of Mesa, Town of Paradise Valley, Town of Queen Creek, City of Scottsdale, and City of
Tempe to provide mutual aid for critical force incidents as part of the East Valley Critical
Incident Response Team (EVCIRT).
34.
Purchase of Furniture
Move City Council approve the purchase of furniture, for the Chandler Police
Department Computer Crimes Unit, utilizing the State of Arizona Contract No.
CTR067414, with Wist Business Supplies & Equipment, in an amount not to exceed
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$118,798.94.
Public Works and Utilities
35.
Final Adoption of Ordinance No. 5100 Authorizing a Contract and Grant of Easement with
the United States of America for Irrigation Facilities Located at the Northwest Corner of
Dobson Road and Pecos Road
Move City Council adopt Ordinance No. 5100 authorizing the City of Chandler to enter into
a Contract and Grant of Easement with the United States of America for irrigation facilities
located at the northwest corner of Dobson Road and Pecos Road in consideration for
payment of the market value of the property from CRP/Sparrow Chandler Owner, LLC.
36.
Purchase of Vacuum Excavator Truck
Move City Council approve the purchase of an 18" Hydro-Excavator Vacuum Truck,
from Haaker Equipment Company, utilizing Sourcewell Contract No.101221-VTR, in the
amount of $634,753.35
Consent Agenda Motion and Vote
Councilmember Orlando moved to approve the Consent Agenda of the June 27, 2024, Regular City
Council Meeting; Seconded by Councilmember Ellis.
Motion carried unanimously (6-0), with the exception of Item No. 26, which passed unanimously
(5-0), Councilmember Poston declaring a conflict of interest.
Action Agenda
37.
Fiscal Year (FY) 2024-2025 Budget Amendments
Move City Council approve as presented the twenty-five one-time budget amendments
totaling $340,000 and eight ongoing budget amendments totaling $61,000 for a total of
$401,000 using Council Contingency and authorize staff to transfer appropriation from
the Non-Departmental Council Contingency to the respective Departments after final
adoption of the FY 2024-25 Budget and Capital Improvement Program (CIP).
STEVEN TURNER, Sustainability and Performance Officer, presented the following presentation.
• City Council Budget Amendments FY 2024-2025
• City Council Budget Amendments Policy & Procedures
o Funds used to have a beneficial impact on the community or City department
operations
o Can be used to fund projects/programs that were not recommended in budget
o Support the City Council's Strategic Framework focus areas
o City Manager assigns projects/programs to City departments for implementation
o Staff submits a list of suggested budget amendments
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o Council members may suggest budget amendment options
o Support from at least two Council members before appearing on recommended list
o City Council may vote on budget amendment items as a group or individually
• Proposed Council Budget Amendments
• Proposed Council Budget Amendments
• Proposed Council Budget Amendments
• Questions
COUNCILMEMBER ORLANDO noted many of these requests are coming from the community.
Many agencies request monetary support in this way. Departments may also request additional
funding that was not covered in the budget.
Action Agenda Motion and Vote
Councilmember Ellis moved to approve as presented the twenty-five one-time budget
amendments totaling $340,000 and eight ongoing budget amendments totaling $61,000 for a total
of $401,000 using Council Contingency and authorize staff to transfer appropriation from the Non-
Departmental Council Contingency to the respective departments after final adoption of the FY
2024-25 Budget and Capital Improvement Program (CIP); Seconded by Vice Mayor Harris.
Motion carried unanimously (6-0).
Action Agenda
38.
Discussion and Possible Action to Direct the City Attorney to Prepare a Resolution
Amending the City Council Rules and Procedures to Allow for Public Comment at City
Council Subcommittee Meetings and Work Sessions
Move to direct the City Attorney to prepare a resolution for City Council consideration to
amend the City Council Rules and Procedures, as discussed.
MAYOR HARTKE read a prepared statement on behalf of Councilmember Encinas:
Due to my absence at tonight’s Council meeting, I wanted to share my support for Action Item
No. 38 to allow public comment at subcommittee meetings, work sessions, etc. If we move ahead,
I look forward to working with you all and staff on the appropriate procedures and structures of
this policy. All other questions regarding the rest of the agenda have been answered.
Action Agenda Motion and Vote
Councilmember Orlando moved to direct the City Attorney to prepare a resolution for City
Council consideration to amend the City Council Rules and Procedures, as discussed; Seconded
by Councilmember Ellis.
Motion carried unanimously (6-0).
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Informational
39.
May 15, 2024, Planning and Zoning Commission Meeting Minutes
40.
Contracts and Agreements Administratively Approved, Month of May 2024
41.
Special Event Liquor Licenses and Temporary and Permanent Extensions of Liquor
License Premises Administratively Approved
Unscheduled Public Appearances
JIM FOGERTY, Chandler, expressed concerns about his property by a city well site and said the
noise from the well site operation is disruptive.
BRIDGET VEGA, Gilbert, provided comments about improving trust and accountability to
implement the Parental Bill of Rights in Chandler Unified School District.
Current Events
Mayor's Announcements
MAYOR HARTKE announced the last day to register to vote is July 1, early voting begins July 3, and
election day is July 30. The city has useful online resources at chandleraz.gov/elections.
MAYOR HARTKE mentioned attendance at the groundbreaking of Villas on McQueen held on June
27, the first project to convert public housing facilities into new affordable housing units. Mayor
Hartke thanked staff and those in attendance.
MAYOR HARTKE recognized Miss Juneteenth 2024, Mara McPhail.
MAYOR HARTKE wished everyone a happy Fourth of July and reminded residents about fire safety
in their firework usage.
Council's Announcements
COUNCILMEMBER ELLIS spoke about attending a conference focusing on mental health in
assisted living organizations and encouraged everyone to practice mental wellness strategies.
COUNCILMEMBER ELLIS announced the Chandler All American Bash to be held on July 4, in Dr. A.
J. Chandler Park in Downtown Chandler.
VICE MAYOR HARRIS congratulated Pretty Precise Step Team for winning the West Coast National
Championship and recognized the coaches and dancers for their hard work.
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VICE MAYOR HARRIS noted Chandler’s Juneteenth celebrations this month, and recognized Miss
Juneteenth, as well as Rodney Love, President of South Chandler Self Help.
VICE MAYOR HARRIS wished everyone a happy Fourth of July.
City Manager's Announcements
JOSH WRIGHT, City Manager, thanked Mayor and Council for leadership and vision on the Villas
on McQueen project.
MR. WRIGHT said Leah Powell, Neighbor Resources Director will receive the Gabe Zimmerman
Community Builder Award from the Arizona City and County Management Association, and the
DEI Strategic Plan will receive the Community Equity and Inclusion award from the International
City County Management Association.
Adjourn
The meeting was adjourned at 6:32 p.m.
ATTEST: _______________________
______________________________
City Clerk Mayor
Approval Date of Minutes: July 15, 2024
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 June 2024. I further
certify that the meeting was duly called and held and that a quorum was present.
DATED this _______ day of July, 2024.
__________________________
City Clerk