Council Regular/Special Meeting

COUNCIL MEETING AGENDA November 13, 2014 Members may attend in person or by telephone. John W. Lewis, Mayor Ben Cooper Jenn Daniels Eddie Cook, Vice Mayor Victor Petersen Jordan Ray Jared Taylor Regular Meeting Municipal Center, Council Chambers 6:30 PM 50 East Civic Center Drive Gilbert, Arizona AGENDA ITEMS MAY BE DISCUSSED IN A DIFFERENT SEQUENCE. ITEMS WILL NOT BE DISCUSSED PRIOR TO POSTED MEETING TIME. ADDENDUM CONSENT CALENDAR 12A. EASEMENT - consider approval of an easement agreement with Brundrett Properties, Inc. for an easement across the alleyway immediately behind 216 North Gilbert Road. AGENDA ITEM CALL TO ORDER PRESENTATION OF STUDENT CITIZEN OF THE MONTH AWARD 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 Reverend William Jefferson, The Benevolent and Protective Order of Elks, Gilbert Lodge #2848. ROLL CALL PRESENTATIONS; PROCLAMATIONS 1. Proclamation declaring November 29, 2014 as Small Business Saturday. 2. Recognition of past and current Gilbert residents inducted into the Arizona Veterans Hall of Fame. 3. Recognition of the Gilbert Digital Team for receiving the 2014 PRSA Phoenix Award of Merit for the “Digital State of the Town”, 3CMA Silver Circle Award for TV & Video One- Time Special Programming for “Digital State of the Town” and 3CMA Silver Circle Award for Most Innovative for “Digital State of the Town”. 4. Presentation of the "Growing Up Gilbert" commercial spots by the Gilbert Digital Team. 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. 5. AGREEMENT - consider: a) authorization of payment to Subterranean Construction Co. in the amount of $57,000 to settle all claims in Subterranean Construction Co. v. Town of Gilbert, Maricopa County Superior Court Case No. CV2012-008664; and b) use of Wastewater Contingency in the amount of $57,000 and direct staff to prepare all necessary documents for execution. 6. HOME FUNDS - consider approval of: a) use of FY2012-13 HOME Investment Partnership Funds in the amount of $175,038; b) Contract No. 2015-2105-0505 with Maricopa County HOME Consortium to utilize FY2014- 15 HOME Investment Partnership Funds in the amount of $200,596 and authorize the Mayor or designee to execute the required contract documents; and c) Contingency request in the amount of $375,634 to cover expenditures until funds are reimbursed from Maricopa County HOME Consortium. 7. AGREEMENT – consider authorizing Agreement No. 2012-1103-0222 with San Tan Ford for the purchase of seven vehicles in an amount not to exceed $166,500 including taxes and authorize the Mayor to execute the required documents. 8. 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 three automated side loader and one front end loader Peterbilt 320 cab and chassis in an amount not to exceed $630,870 including taxes; b) Agreement No. 2015-1103-0489 with Arizona Refuse Sales, LLC for purchase of three Scorpion automated side loader bodies in an amount not to exceed $443,742 including taxes; c) Agreement No. 2015-1103-0425 with McNeilus Truck and Manufacturing Co. for purchase of one Contender 40 yard front end loader body in an amount not to exceed $151,383 including taxes; and d) Environmental Services – Residential Fund Contingency Transfer in the amount of $11,900. 9. CONTRACT – consider approval of renewal of Contract No. 2013-1003-0108 with Arizona Republic for Legal Advertisement Services for the period January 1, 2015 through December 31, 2015 and authorize the Mayor to execute the required documents. 10. CONTRACT – consider approval of Construction Services Contract No. 2014-7010-0392 with Yellow Jacket Drilling Services, LLC in an amount not to exceed $294,147 for the the Monitoring Well Replacement Project, Project No. WW093, and authorize the Mayor to execute the required documents. 11. CONTRACT – consider approval to authorize expenditures utilizing Contract No. 2012- 1105-0117 with SHI International Corp for Microsoft, CommVault, and NetMotion in an amount not to exceed $263,660 for software licenses and services for FY2015 and authorize the Mayor to execute the required documents. 12. CONTRACT - consider approval of Job Order Contract (JOC) - Task Order No. 7 with Talis Corporation for the ADA Transition Project, Project No. ST155, Contract No. 2014-4106-0291, in an amount not to exceed $263,964.95 and authorize the Mayor to execute the required documents. 13. PERMANENT EXTENSION OF PREMISES – consider approval of a permanent extension of premises for SoCal Fish Taco Company located at 219 North Gilbert Road. 14. PERMANENT EXTENSION OF PREMISES – consider approval of a permanent extension of premises for High Tide Seafood Bar & Grill located at 2540 South Val Vista Drive #101. 15. MINUTES – consider approval of the minutes of Regular Meetings October 16 and October 30, 2014, Study Session October 28, 2014 and Special Meeting October 28, 2014. PUBLIC HEARING Items 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. 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. 16. LIQUOR LICENSE – conduct hearing and consider approval of an acquisition of control for the Series 09 Liquor Store License for Bashas #172 located at 99 South Higley Road. 17. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for LoLo's Chicken & Waffles located at 366 North Gilbert Road, Suite 101. 18. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for Generations at Agritopia located at 2811 East Agritopia Loop South. 19. ZONING Z13-08 - conduct hearing and consider approval of the findings and adoption of an Ordinance amending Ordinances Nos. 427, 617, 725, 1287, and 1689 pertaining to the Settler's Point Planned Area Development (PAD) and the Gilbert Town Square PAD by removing from the Settler's Point PAD and Gilbert Town Square PAD approximately 25.3 acres of real property consisting of approximately 25.3 acres of Town of Gilbert Regional Commercial (RC) zoning district, all with a Planned Area Development overlay zoning district, generally located at the southeast corner of Gilbert Road and Warner Road; approving the Development Plan for the Gilbert Town Center Planned Area Development; and changing the zoning classification of said real property from 25.3 acres of Town of Gilbert Regional Commercial (RC) with a Planned Area Development overlay zoning district to 25.3 acres of Town of Gilbert Regional Commercial (RC), all with a Planned Area Development overlay zoning district, as shown on the map which is available for viewing in the Planning and Development Services Office; and to modify the development regulations of the southeast parcel (Parcel 2) as follows: eliminate building step-back requirements, decrease front and side building setbacks, increase rear building setbacks, and decrease landscape setbacks adjacent to proposed buildings. The effect of the rezoning will be to allow the real property to be developed for an integrated mixed use development to allow for multi-family housing subject to the development standards for the Regional Commercial (RC) zoning district with modified step-back and setback requirements. 20. AP14-05 (UP13-04) - conduct hearing on appeal to the Gilbert Town Council from the Town of Gilbert Planning Commission’s approval of a Conditional Use Permit to allow a multi- family residential use in a mixed use center on approximately 13 acres of real property located south and east of the southeast corner of Gilbert Road and Warner Road. The property is zoned Regional Commercial (RC) with a Planned Area Development overlay zoning district. The Town Council may uphold the approval by the Planning Commission or may grant the Use Permit and, if granted, may impose conditions on the Use Permit. 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. 21. COUNCIL ADMINISTRATION - consider acceptance of the Budget Report for the 1st Quarter for FY2015. 22. 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) Special Events Commission o) Gilbert Public Facilities MPC p) Gilbert Water Resources MPC q) Gilbert Self-Insured Trust Fund r) Regional Meetings s) Utility Board POLICY ITEMS 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.