Council Regular/Special Meeting

COUNCIL MEETING AGENDA February 19, 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. 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. Presentation of awards from the Town Council and the Energy and Environmental Conservation Advisory Board to the following for their contributions: In Memorium to Joslyn Marty, Silverhawke Homeowner's Association, Jim Preble from Settler's Point Elementary School on behalf of Project WET and The University of Arizona's Water Investigations Program.  2. Presentation of the Gilbert Sister Cities Annual Report. 3. Presentation by the AZ Heroes to Hometowns Foundation – Salute A Soldier 5K Run. 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 a Development Agreement with AZ Baseside LLC for prerequisites for development of real property located at the southeast corner of Higley Road and Baseline Road and authorize the Mayor to execute the required documents. 5. GRANT – consider application and acceptance of Grant No. 2015-3001-0550 from the Arizona Automobile Theft Authority (AATA), for the FY2014-15 Law Enforcement Bait Vehicle Program in an amount not to exceed $15,000 and authorize the Mayor to execute the required documents. 6. GRANT – consider application and acceptance of a Grant from SRP Aesthetics Program Funding and authorize the Mayor to execute the required documents for: a) Contract No. 2015-2106-0572, Val Vista Drive, south of Mercy Road Conversion; b) Contract No. 2015-2106-0573, Val Vista Drive, north of Germann Road Conversion; c) Contract No. 2015-2106-0574, Germann Road, Quartz to Val Vista Conversion; d) Contract No. 2015-2106-0575, Germann Road, Lindsay to Mustang Conversion; e) Contract No. 2015-2106-0576, Higley and Warner Intersection Conversion; f) Contract Number 2015-2106-0577, Germann Road, 156th Street to Greenfield Conversion; g) Contract No. 2015-2106-0578, Trail Improvements on the Consolidated Canal, Warner Road to south of Guadalupe Road; h) Contract No. 2015-2106-0579, Trail Improvements on the Western Canal, Gilbert/Chandler border to Cooper Road; i) Contract No. 2015-2106-0580, SRP Wellsite Wall, northern side of Ray Road from Val Vista Road to the Eastern Canal; j) Contract No. 2015-2106-0581, Val Vista Drive, Appleby to Ocotillo Conversion; k) Contract Number 2015-2106-0584, Landscaping improvements at Bogle Substation, located on Recker Road south of Queen Creek Road; 1) Contract Number 2015-2106-0585, Aesthetic improvements at Turpen Substation, located at Lindsay Road and Layton Lakes Boulevard; and m) Contract Number 2015-2106-0586, Landscaping improvements at Wortman Substation, located at Greenfield and Queen Creek Roads. 7. CONTRACT – consider approval of Job Order Task Order No. 33, Contract No. 2013- 7003-0180, with CS Construction, Inc. in an amount not to exceed $224,016.64 for the Construction of a Traffic Signal at Higley Road and Willis Road, Project No. TS178, and authorize the Mayor to execute the required documents. 8. CONTRACT – consider approval of exenditures utilizing Contract No. 2010-1105-0192 with Dell in an amount not to exceed $162,610 for computer equipment, peripherals, and related services and authorize the Mayor to execute the required documents. 9. CONTRACT – consider approval of the purchase of Residential Refuse and Recycling Containers effective upon award and terminating June 30, 2018 with an option to renew, in a combined amount not to exceed $639,400 and authorize the Mayor to execute the required documents for: a) Contract No. 2015-4105-0512 with Rehrig Pacific Company; and b) Contract No. 2015-4105-0589 with Toter LLC . 10. CONTRACT – consider waiving the bidding requirements and approve renewal of Merchant Services Contract No. 2012-1308-0239 with Payment Processing Incorporated (PPI, aka PayPros or OpenEdge) for Merchant Services for Credit Cards and authorize the Mayor to execute the required documents. 11. CONTRACT – consider approval of Contract No. 2015-3002-0451 with Philips Healthcare in an amount not to exceed $416,090.36 for portable, multifunction cardiac monitor/defribrillator and associated supplies, and authorize the Mayor to execute the required documents. 12. BUDGET / CAPITAL PROJECTS – consider approval of:  a) addition of the Fiesta Tech Sewer Service & Lift Station Project into the FY2015 Capital Improvement Plan; and b) authorization of a Contingency Transfer in the amount of $425,000 with the Wastewater Fund as the designated revenue source. 13. STREETLIGHT IMPROVEMENT DISTRICT SL15-01 - consider adoption of a Resolution creating Streetlight Improvement District No. 15-01 for Higley Pointe and ordering the improvements. 14. TEMPORARY EXTENSION OF PREMISES – consider approval of a temporary extension of premises for Isabel's located at 1490 East Williams Field Road #101 for an event to be held on March 28, 2015. 15. FINAL PLAT S09-02- consider approval of the final plat for Adora Trails - Parcel 11B, located south and west of the intersection of Riggs Road and Constellation Way. 16. FINAL PLAT S14-07- consider approval of the final plat for for City Gate located on the southeast corner of Higley and Baseline Roads. 17. BUDGET – consider approval of Contingency Transfers in the amount of $152,638 for the Claims Settlements incurred for the period July 1, 2014 to December 31, 2014. 18. MINUTES – consider approval of the minutes of Special Meeting January 27, 2015 and Regular Meeting January 29, 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. 19. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Liquor Store License for Smart & Final Strores, LLC located at 750 North Gilbert Road, #104. 20. LIQUOR LICENSE – conduct hearing and consider approval of a Series 7 Beer and Wine Bar License for Kokopelli Golf Club located at 1800 West Guadalupe Road. 21. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for Kokopelli Golf Club located at 1800 West Guadalupe Road. 22. GENERAL PLAN GPGP14-11/ ZONING Z14-29 – conduct hearing and consider: a) adoption of a Resolution approving a Minor General Plan amendment to change the land use classification of approximately 2.03 acres of real property generally located southeast of the southeast corner of Recker and Williams Field Roads from neighborhood Commercial (NC) land use classification to Residential >8-14 DU/Acre land use classification. The effect of this amendment will be to change the plan of development for the property to allow residential development; and b) approval of the findings and adoption of an Ordinance amending Ordinance Nos.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, 2496 and Z14-25, ordinance number yet to be determined, pertaining to both PAD-ROS and PAD-2 and to rezone approximately 2.03 acres of real property generally located southeast of the southeast corner of Recker and Williams Field Roads from approximately 2.03 acres of Neighborhood Commercial (NC) all with a Planned Area Development overlay zoning district to approximately 2.03 acres of Single Family Attached (SF-A) 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, all subject to the conditions of development set forth in the prior ordinances. The effect of the rezoning will be to allow for residential development. 23. ZONING Z13-11 - conduct hearing and consider adoption of an Ordinance amending the Town of Gilbert Land Development Code, 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. 24. CODE OF GILBERT - conduct hearing and consider adoption of an Ordinance amending the Code of Gilbert, Arizona, by amending Chapter 58, Privilege and Excise Taxes, by adopting by reference the "2014 Amendments to the Tax Code of the Town of Gilbert" to conform to the Model City Tax Code. 25. CODE OF GILBERT - conduct hearing and consider adoption of an Ordinance amending the Code of Gilbert, Arizona, by amending Chapter 18 Cable Communications, Section 18-11 License Applications; Section 18-21 Transfers and Assignments; Section 18- 38 Acceptance and Effective Date of License; Section 18-64 Billing Practices; Information and Procedures; Section 18-82 Protection of Town Against Liability; Section 18-84 Construction Bonds; and Section 18-100 Miscellaneous Provision; and Chapter 19 Telecommunication Service, Section 19-4 License Application, to allow for the transfer of responsibility for processing and tracking cable and telecommunication licenses from the Town Clerk to the Office of the Town Manager. 26. WATER - conduct hearing and consider adoption of the Water Supply Reduction Management Plan as the official guidance document to use during periods of decreased surface water supply. 27. PROPERTY ACQUISITION – conduct hearing and consider: a) adoption of a Resolution approving the acquisition of 0.3599 acres of property, Parcel No. 304-86-038C, for the Constellation Way Project; and b) authorize a General Fund Contingency Transfer in the amount of $38,000. 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. 28. COUNCIL ADMINISTRATION - consider acceptance of the Budget Report for the 2nd Quarter of FY2015. 29. 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 30. POLICY NO. 2014-09 - consider approval of amended Council Policy No. 2014-09 Weapons in Gilbert Public Buildings. 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.