Council Regular/Special Meeting

COUNCIL MEETING AGENDA January 29, 2015 Members may attend in person or by telephone. John W. Lewis, Mayor Eddie Cook Jenn Daniels Jordan Ray, Vice Mayor Victor Petersen Brigette Peterson Jared Taylor Regular Meeting Municpal 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 6A. AGREEMENT - consider adoption of a Resolution approving extension of Cable License Agreement No. 2001-1003-0331 with Cox Communications Arizona LLC extending the cable license agreement through January 31, 2015, and authorize the Mayor to execute the documents. 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 Councilmember. ROLL CALL PRESENTATIONS; PROCLAMATIONS 1. Proclamation declaring January 25 through January 31, 2015, as Gilbert School Choice Week. 2. Recognition of Nancy Hallstrom, police dispatcher, for over 23 years of service to the Town of Gilbert. 3. Presentation of the Annual Audited Financial Reports for the fiscal year ended June 30, 2014. 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. 4. DEVELOPMENT AGREEMENT – consider adoption of a Resolution approving the Fourth Amendment of the Development and Disposition Agreement with MD Heritage LLC, an Arizona limited liability company, as successors in interest to Heritage Marketplace L.L.C., related to the development of the Heritage Marketplace at the northwest corner of Gilbert Road and Vaughn Avenue, and authorize the Mayor to execute the required documents. 5. CONTRACT – consider approval of Construction Services Contract No. 2015-7003-0536 with Hunter Contracting Co in an amount not to exceed $347,793 for the Consolidated Canal Bridge Repair Project, Project No. ST156, and authorize the Mayor to execute the required documents. 6. CONTRACT – consider: a) approval of Cooperative Purchasing Contract No. 2014-1103-0274 with LZ Delta, LLC in an amount not to exceed $137,747 (excluding radio up-fitting cost) for five BMW 1200 RT-P motorcycles, and authorize the Mayor to execute the required documents; and b) authorization of general replacement fund Contingency Transfer in the amount of $41,192.  7. PURCHASE / BUDGET - consider authorizing a General Fund contingency transfer in amount not to exceed $1,384,000 for litigation expenses and expert consultant services for safety repairs at Elliot District Park. 8. MINUTES – consider approval of the minutes of Special Meeting January 13, 2015, Special Meeting January 15, 2015 and Regular Meeting January 15, 2015. 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. 9. LIQUOR LICENSE – conduct hearing and consider approval of a Series 11 Hotel/Motel Liquor License for Double Tree By Hilton Phoenix-Gilbert located at 1800 South Santan Village Parkway. 10. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for Ahi Revolving Sushi located at 940 South Gilbert Road. 11. PROPERTY ACQUISITION – conduct hearing and consider adoption of a Resolution approving the acquisition of right-of-way and easements on Parcel No. 304-53-333 (CVS) for the Germann Road Improvements - Val Vista Drive to Higley Road Project, Project No. ST058. 12. ZONING Z13-11- conduct hearing and consider adoption of an Ordinance amending the Zoning Code of Gilbert, Arizona, Chapter I Zoning Regulations, Division 2 Land Use Designations, Article 2.3 Commercial Districts, Section 2.303 Land Use Regulations, Table 2.303 Land Use Regulations - Commercial Districts, to require a Conditional Use Permit for Hospitals; Chapter I Zoning Regulations, Division 2 Land Use Designations, Article 2.5 Office Districts, Section 2.503 Land Use Regulations, Table 2.503 Land Use Regulations - Office, to modify the Conditional Use Permit requirement for Hospitals inside of a General Plan Growth Area; Chapter I Zoning Regulations, Division 2 Land Use Designations, Article 2.6 Employment Districts, Section 2.603 Land Use Regulations, Table 2.603 Land Use Regulations - Employment Districts, to modify the Conditional Use Permit requirement for Hospitals inside of a General Plan Growth Area; Chapter I Zoning Regulations, Division 2 Land Use Designations, Article 2.7 Public Facility/ Institutional District, Section 2.702 Land Use Regulations, Table 2.702 Land Use Regulations - Public Facility/ Institutional District, to require a Conditional Use permit for Hospitals; Chapter I Zoning Regulations, Division 4 General Regulations, Article 4.5 Supplemental Use Regulations, to provide separation  requirements for hospitals from certain other uses and to increase property owner public notice requirements for a hospital conditional use permit; and to amend Division 6 Use Definitions, Article 6.1 Use Definitions, to revise the definition of "Hospital" to include facilities offering behavioral health services. The effect of this amendment will be to modify the conditional use permit requirement for hospitals in Commercial, Employment, Office and Public Facility/Institutional zoning districts, to require separation of hospitals from certain other land uses, to modify the property owner public notice requirement for a hospital conditional use permit, and to clarify that the definition of "Hospital" includes behavioral health hospitals. The Town Council may modify, enhance or exclude some or all of the proposed hospital regulations as related to designated General Plan Growth Areas. Continuance requested to February 19, 2015 13. ZONING Z14 - 25 - conduct hearing and consider approval of the findings and adoption of an Ordinance amending Ordinances No.1900 and 2179 pertaining to the Cooley Station Residential, Office and Shopping Center Planned Area Development (PAD-ROS), Ordinance Nos. 2195 and 2404 pertaining to the Cooley Station Residential 2 Planned Area Development (PAD-2), and Ordinance Nos, 2412, 2425, 2443, 2473, 2485 and 2496 pertaining to both RAD-ROS and PAD-2 and to rezone approximately 98.33 acres of real property generally located southeast of the southeast corner of Recker and Williams Field Roads from approximately 98.33 acres of Single Family Detached (SF-D) all with a Planned Area Development overlay zoning district to approximately 15.28 acres of Single Family Attached (SF-A) and 83.05 acres of Single Family Detached (SF-D) zoning districts, all with a Planned Area Development overlay zoning district as shown on the exhibit (map), which is available for viewing in the Planning and Development Services Office, and to amend conditions of development in the Cooley Station PAD-ROS and PAD-2 Planned Area Developments (PADs) as follows: increase the front yard setback for SF-A, reduce the side yard setback to 0' for SF-A, increase lot coverage for SF-A, increase the side yard setback in SF-D Alley, decrease the front yard setback when internal to the auto-court in the Modified Courtyard, increase side yard setback and to decrease the rear yard setback for the SF-D Courtyard and Modified Courtyard. The effect of the rezoning will be to allow Single Family Attached (SF-A) development within the identified PADs and to permit Single Family Attached and Single Family Detached Development with modified setbacks and lot coverage standards. 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. 14. BOARDS AND COMMISSIONS – consider appointment of two regular members to the Arts, Culture and Tourism Board with a term beginning February 1, 2015 and ending January 31, 2018.  15. BOARDS AND COMMISSIONS – consider appointment of Lisa Mangan as a regular member to the Human Relations Commission to fill the remainder of the term ending January 31, 2017. 16. 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) Design Review Board d) Environmental and Energy Conservation Advisory Board e) Gilbert Educational Cable Access Governing Board f) Arts, Culture and Tourism Board g) Human Relations Commission h) Industrial Development Authority i) Mayor’s Youth Advisory Committee j) Parks, Recreation and Library Services Advisory Board k) Planning Commission l) Redevelopment Commission m) Gilbert Public Facilities MPC n) Gilbert Water Resources MPC o) Gilbert Self-Insured Trust Fund p) Regional Meetings q) 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.