Council Regular/Special Meeting

COUNCIL MEETING AGENDA August 18, 2014 Members may attend in person or by telephone. John W. Lewis, Mayor ● Eddie Cook, Vice Mayor Ben Cooper ● Jenn Daniels ● Victor Petersen ● Jordan Ray ● Jared Taylor Special Meeting 8/18/2014 5:00:00 PM 50 East Civic Center Drive 50 E Civic Center Drive Gilbert, Arizona AGENDA ITEMS MAY BE DISCUSSED IN A DIFFERENT SEQUENCE. ITEMS WILL NOT BE DISCUSSED PRIOR TO POSTED MEETING TIME. AGENDA ITEM CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE The invocation may be offered by a person of any religion, faith, belief or non-belief, as well as Councilmembers. A list of volunteers is maintained by the Town Clerk and interested persons should contact the Clerk for further information. Mayor invites all scouts present to the front of the Council Chambers. Pledge of Allegiance and introduction and recognition of scouts. Invocation by Councilmember. ROLL CALL PRESENTATIONS; PROCLAMATIONS 1 Presentation and introduction of Gilbert Police Department retiring canines and new canines. 2 Proclamation declaring September 2014 as Childhood Cancer Awareness Month. 3 Recognition of Gilbert Softball Little League All Stars 10 and 11 year-old team for winning the Softball Little League State Championship. 4 Recognition of the Gilbert Softball Little League All Stars 11 and 12 year-old team for winning the Softball Little League State Championship. 5 Proclamation recognizing the Vietnamese-American Freedom and Heritage Flag. COMMUNICATIONS FROM CITIZENS At this time, members of the public may comment on matters within the jurisdiction of the Town but not on the agenda. The Council’s response is limited to responding to criticism, asking staff to review a matter commented upon, or asking that a matter be put on a future agenda. CONSENT CALENDAR All items listed below are considered consent calendar items and may be approved by a single motion unless removed at the request of Council for further discussion/action. Other items on the agenda may be added to the consent calendar and approved under a single motion. 6 INTERGOVERNMENTAL AGREEMENT – consider approval of Intergovernmental Agreement No. 2015-1201-0420 with the Regional Public Transportation Authority for the on-going maintenance of the Bus Rapid Transit LINK stop located at Arizona Avenue and San Angelo Street and authorize the Mayor to execute the required documents. 7 INTERGOVERNMENTAL AGREEMENT – consider approval of Intergovernmental Agreement No. 2015-3001-0404 with City of Phoenix and Town of Gilbert for National Integrated Ballistic Information Network (NIBIN) and authorize the Mayor to execute the required documents. 8 INTERGOVERNMENTAL AGREEMENT – consider approval of extension of Intergovernmental Agreement No. 2010-4106-0046 with the Town of Queen Creek for Emergency Traffic Signal Assistance, effective July 1, 2014 and terminating June 30, 2019 and authorize the Mayor to execute the required documents. 9 INTERGOVERNMENTAL AGREEMENT – consider approval of revised Intergovernmental Agreement No. 2014-5002-0306 with the Arizona Game and Fish Commission and the Town of Gilbert to adopt new language recommending special regulations pertaining to Community Fishing that will require a Community Fishing License and bag and possession limits specific to designated  Community Fishing waters, including catch and release for largemouth bass and sunfishes and single barbless hooks at Water Ranch, and authorize the Mayor to execute the required documents. 10 AGREEMENT - consider approval and authorize the Mayor to execute the required documents: a) Agreement No. 2015-1103-0426 with Rush Truck Center Phoenix for purchase of two (2) 2015 Peterbilt 320 chassis pursuant to Houston-Galveston Area Council (HGAC) cooperative purchasing contract # HT06-14 in an amount not to exceed $302,935 including taxes; and b) Agreement No. 2015-1103-0425 with McNeilus for purchase of two (2) model number 2813 XC 28yd rear loaders pursuant to Houston-Galveston Area Council (HGAC) cooperative purchasing contract # RH08-12 in an amount not to exceed $247,065 including taxes. 11 CONTRACT – consider approval of: a) Contract No. 2014-4106-0385 with Border States Electric Supply in an amount not to exceed $147,332.93, Contract No. 2014-4106-0384 with Southwest Fabrication, LLC, in an amount not to exceed $63,864, and Contract No. 2014- 4106-0386 with WESCO Distribution in an amount not to exceed $67,895 for Street Light Poles and Supplies effective July 1, 2014 and terminating June 30, 2015 with option to renew, and authorize the Mayor to execute the required documents: and b) authorize a Streets Fund Contingency Transfer in the amount of $154,408. 12 CONTRACT – consider approval of Contract No. 2014-4106-0368 with ViaSun Corporation in an amount not to exceed $493,670.71 for Microseal Services effective upon award and terminating June 30, 2015 with option to renew and authorize the Mayor to execute the required documents 13 CONTRACT – consider authorizing amending Contract No. 2005-7101-0307 with Arizona Public Service for use of the Heritage Annex building. 14 CONTRACT – consider approval of renewal of Cooperative Purchasing Contract No. 2013-1105-0201 with Guidesoft Inc. dba Knowledge Services in an amount not to exceed salary savings from vacant full time staff positions for FY2014-15 for temporary professional technology staffing services for FY2014-15. 15 GRANT – consider application and acceptance of Grant funding from the Governor's Office of Highway Safety for traffic enforcement, underage alcohol enforcement and education, overtime expenditures, DUI enforcement overtime expenditures and equipment for a total amount not to exceed $175,000. 16 GRANT – consider: a) ratifying application and acceptance of Grant No. 2014-3001-0388 from FY2014 Internet Crimes Against Children (ICAC) for equipment and training in the amount of $5,000; and b) authorize a grant contingency transfer in the amount of $5,000 for the 2014 ICAC grant. 17 ABANDONMENT - consider adoption of a Resolution of abandonment for the eastern 30-foot easement as recorded in the Easement for Highway Purposes recorded in Docket 7123, Page 898 Maricopa County Records located along the east side of Lot A of the164th and Cloud subdivision. 18 FINAL PLAT S12-08 - consider approval of the final plat for Fincher Fields at Cooley Station Amended located east of the northeast corner of Recker Road and Cooley Loop Road. 19 FINAL PLAT S13-10 - consider approval of the final plat for Town Center South Lake located at the east side of Higley Road, north of Warner Road. 20 PARKWAY IMPROVEMENT DISTRICT NO. 88-05 – consider: a) finding that no written notices objecting to the acts or proceedings were filed with the Town pursuant to A.R.S. § 48-584 (e) within 15 days of the publication of the Notice of Intent of the Master Plan Update for Parkway Improvement District No. 88-05; and b) approve the Landscape Master Plan for Parkway Improvement District 88-05. 21 SPECIAL EVENT LIQUOR LICENSE – consider approval of a Special Event Liquor License for Save the Family Foundation of Arizona for Taste of San Tan on October 10, 2014 from 6:00 pm to 9:30 pm located at 2218 East Willams Field Road. 22 MINUTES – consider approval of the minutes of Regular Meeting July 31, 2014. PUBLIC HEARING Items 23 through 25 will be heard at one Public Hearing; at which time anyone wishing to comment on a Public Hearing Item may do so. Comments will be heard from those in support of or in opposition to an item. Hearings are noticed for 7:00 p.m. and may be held prior to the estimated time indicated on the Agenda. In order to comment on a Public Hearing Item, you must fill out a public comment form, indicating the Item Number on which you wish to be heard. Once the hearing is closed, there will be no further public comment unless requested by a member of the Council. After the Public Hearing, the Council may act on all items not requiring additional staff, public, or Councilmember comment with a single vote. 23 GENERAL PLAN GP14-07/ ZONING Z14-14 – conduct hearing and consider: a) adoption of a Resolution approving a Minor General Plan amendment to change the land use classification of approximately 18.6 acres of real property generally located at the northeast corner of McQueen Road and Elliot Road from 9.1 acres of Community Commercial (CC) and 9.5 acres of Neighborhood Office (NO) land use classifications to Residential > 3.5 - 5 du/acre land use classification. The effect of this amendment will be to change the plan of development for this property to allow for residential development; and b) approval of the findings and adoption of an Ordinance rezoning approximately 18.6 acres of real property generally located at the northeast corner of McQueen Road and Elliot Road from 9.1 acres of Community Commercial (CC) zoning district and 9.5 acres of Neighborhood Office (NO) zoning district to 18.6 acres of Single Family Residential Detached (SF-D) zoning district with a Planned Area Development Overlay zoning district to modify minimum lot area, minimum side yard setback and maximum building height allowed. The effect of the rezoning will be to allow for residential development. 24 APPEAL AP14-03 (UP13-07) - conduct hearing and consider appeal to the Gilbert Town Council from the Town of Gilbert Planning Commission's revocation of a Conditional Use Permit for East Valley Patient Wellness Center permitting a Medical Marijuana Dispensary on approximately 0.8 acres of real property located at 988 S. 182nd Place, due to failure to comply with conditions of the use permit. The property is zoned Light Industrial (LI). The Town Council may uphold the Planning Commission's revocation or reverse it. The Gilbert Town Council may recess to an Executive Session pursuant to A.R.S. Sec. 38-431.03(A)(3) for discussion and consultation for legal advice with the Town Attorney regarding appeal process under the Town of Gilbert Land Development Code of Gilbert regarding the revocation of conditional use permit UP13-07 for East Valley Patient Wellness Center permitting medical marijuana dispensary at 988 South 182nd Place. 25 CODE OF GILBERT - conduct hearing and consider adoption of an Ordinance amending the Code of Gilbert, Arizona, by amending Chapter 46 Parks And Recreation, Article I In General, by amending Sections 46-1 Definitions, 46-2 Reservation Permit; Issuing Authority, and 46 4 Interference with Reserved Use; Amending Article II Park and Recreational Facility Rules, by amending Sections 46-32 Closed Areas, 46 38 Alcoholic Beverages, 46-39 Driving or Riding Vehicles and Animals; Parking, 46-41 Sale of Goods (Concessions), 46-42 Control of Animals; Abandonment, 46-43 Prohibited Activities, 46 44 Regulations for Allowable Model Rocketry, 46-45 Geocaching, 46-46 Protection of Animals And Wildlife, 46-47 Abusive Language or Disruptive Behavior, 46-48 Violations, 46-49 Enforcement by Park Rangers, 46-50 Temporary Suspension From Use, and 46-  51 Notice of Violation and Suspension; Amending Article III Town Lakes, by amending Sections 46-63 Town Lakes Where Fishing is Permitted, 46-65 Hours of Fishing, 46-66 Boating, 46 67 Swimming; Wading; Boating, and 46 68 Locations Where Fishing Is Not Permitted; and amending Article IV Town Riparian Preserves, by amending Sections 46-78 Hours, 46-79 Feeding, 46 80 Protection of Wildlife, and 46-81 Collection or Removal of Plants and Insects; related to use of Town of Gilbert parks and recreation facilities, Town lakes and Town riparian preserves. ADMINISTRATIVE ITEMS Administrative Items are for Council discussion and action. It is to the discretion of the majority of the Council regarding public input requests on any Administrative Item. Persons wishing to speak on an Administrative Item should complete a Request to Speak Form and indicate the Item they wish to address. Council may or may not accept public comment. 26 COUNCIL ADMINISTRATION - discussion and feedback to the Mayor regarding the League of Arizona Cities and Towns 2015 Proposed Resolutions for the purpose of representing the Town at the League of Arizona Cities and Towns Resolutions Committee on August 19 at the Annual Conference. 27 BOARDS, COMMISSIONS, AND COMMITTEES - reports from Council Liaisons for the: a) Subcommittee on Board and Commission Application Screening, Interview, and Selection b) Other Council Subcommittees c) Congress of Neighborhoods Committee d) Design Review Board e) Environmental and Energy Conservation Advisory Board f) Gilbert Educational Cable Access Governing Board g) Arts, Culture and Tourism Board h) Human Relations Commission i) Industrial Development Authority j) Mayor’s Youth Advisory Committee k) Parks, Recreation and Library Services Advisory Board l) Planning Commission m) Redevelopment Commission n) Gilbert Public Facilities MPC o) Gilbert Water Resources MPC p) Gilbert Self-Insured Trust Fund q) Regional Meetings r) Utility Board POLICY ITEMS 28 POLICY NO. 2014-05 - consider approval of Council Policy No. 2014-05 regarding  use of the Gilbert Road banner and banners on street poles. FUTURE MEETINGS There may be a discussion of whether to place an item on a future agenda and the date, but not the merits of the item. COMMUNICATIONS Report from the TOWN MANAGER on current events. Report from the COUNCIL on current events. Report from the MAYOR on current events. ADJOURN NOTICE TO PARENTS: Parents and legal guardians have the right to consent before the Town of Gilbert makes a video or voice recording of a minor child. A.R.S. 1-602.A.9. Gilbert Council Meetings are recorded and maybe viewed on Channel 11 and the Gilbert website. If you permit your child to participate in the Council Meeting, a recording will be made. If your child is seated in the audience your child may be recorded, but you may request that your child be seated in a designated area to avoid recording. Please submit your request to the Town Clerk.