Council Regular/Special Meeting

COUNCIL MEETING AGENDA May 14, 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 Municipal Center, Council Chambers 50 East Civic Center Drive Gilbert, Arizona Regular Meeting 6:30 PM AGENDA ITEMS MAY BE DISCUSSED IN A DIFFERENT SEQUENCE. ITEMS WILL NOT BE DISCUSSED PRIOR TO POSTED MEETING TIME. ADDENDUM CONSENT CALENDAR 9A. INTERGOVERNMENTAL AGREEMENT - consider approval of Intergovernmental Agreement No. 2015-7003-0722 with the Flood Control District of Maricopa County related to the Chandler Heights Basin. 10. DEVELOPMENT AGREEMENT – consider adoption of a Resolution approving the second amendment to the Development Agreement with NRI-Rivulon, LLC to extend the timeline for the completion of Pecos Road to June 30, 2016 and authorize the Mayor to execute the required documents. The date was modified with the addendum. 11. DEVELOPMENT AGREEMENT – consider: a) adoption of Resolution authorizing Gilbert to enter into a Development Reimbursement Agreement with East Valley Institute of Technology (EVIT) for partial reimbursement of a traffic signal at the intersection of Power Road and Verona Avenue; and b) approval of an addendum to Intergovernmental Agreement No. 2014-4106-0223 (Mesa IGA No. 98-A017) with City of Mesa for the installation of traffic signals at the intersection of Power Road and Verona Avenue.  Item b was added with the Addendum. 20A. AGREEMENT – consider adoption of Resolution approving extension of Cable License Agreement No. 2001-1003-0331 with Cox Communications Arizona, LLC extending the cable license agreement through June 30, 2015. The item was added by addendum and modified by addendum to eliminate dismissal of all claims with Cox Communication, LLC. 25. PARKWAY IMPROVEMENT DISTRICT - consider publicly declaring bids for Parkway Improvement Districts for FY2016; reject all bids but the bid of the lowest and best responsible bidder; waive clerical errors; and award contracts for the work and authorize the Mayor to execute the required documents as follows: a) Contract No. 2015-8003-0673 with Somerset Contracting in the amount of $202,127.82 for work in PK No. 07-03; b) Contract No. 2015-8003-0674 with Somerset Contracting in the amount of $42,023.80 for work in PK No. 07-04; c) Contract No. 2015-8003-0675 with Somerset Contracting in the amount of $31,281.32 for work in PK No. 07-09; and d) Contract No. 2015-8003-0676 with Somerset Contracting in the amount of $15,435.60 for work in PK No. 07-11. Item a was changed with the addendum. PUBLIC HEARING 35A. CODE OF GILBERT - conduct hearing and consider adoption of an Ordinance amending the Code of Gilbert, Arizona, by amending the Code of Gilbert, Chapter 18 Cable Communications, Section 18-26 Payment of License Fees, Subsections (b) and (f) relating to payment of cable license fees and construction permit fees. This item has been removed. 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.  COUNCIL MEETING AGENDA May 14, 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 Municipal Center, Council Chambers 50 East Civic Center Drive Gilbert, Arizona Regular Meeting 6:30 PM 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 Rolf Trainor, Mission Community Church. ROLL CALL PRESENTATIONS; PROCLAMATIONS 1. Pillar of the Month - Caring. 2. Proclamation declaring May 16, 2015 as Kids to Parks Day.  3. Recognition of current and former Gilbert high school students for their outstanding accomplishments. 4. Recognition of Peyton Mahony for being named the recipient of the 2015 Mayor’s Youth Leadership Award. 5. Recognition of Knights of Columbus – St. Anne Council #10540 for their donations to Chandler/Gilbert Arc and Gilbert High School. 6. Presentation on the upcoming Copper State Classic at AZ ICE on May 16-17, 2015. 7. Presentation of Sports Field Needs Assessment Report and acceptance of the report by the Council. 8. Presentation of Town Cemetery Feasibility Study, acceptance of the study by Council, and direction to staff. 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. 9. ANNEXATION A15-04 – consider adoption of an Ordinance for right-of-way along Baseline Road at the Consolidated Canal contingent upon approval by the Maricopa County Board of Supervisors. 10. DEVELOPMENT AGREEMENT – consider adoption of a Resolution approving the second amendment to the Development Agreement with NRI-Rivulon, LLC to extend the timeline for the completion of Pecos Road to June 18, 2016 and authorize the Mayor to execute the required documents. 11. DEVELOPMENT AGREEMENT – consider adoption of a Resolution approving a Development Reimbursement Agreement with East Valley Institute of Technology (EVIT) for partial reimbursement of a traffic signal at the intersection of Power Road and Verona Avenue and authorize the Mayor to execute the required documents. 12. BUDGET/CAPITAL PROJECTS - consider: a) authorizing a Contingency Transfer in the amount of $270,000 for the material procurement and construction of a traffic signal at the Power Road and Verona Avenue intersection with the Streets Fund as the designated revenue source; and b) approval of Job Order Contract Task Order No. 39 Contract No. 2013-7003-0180 with CS Construction in an amount not to exceed $180,737.49 for the construction of the traffic signal at the Power Road and Verona Avenue intersection, Project No. TS181, and authorize the Mayor to execute the required documents. 13. GRANT – consider application and acceptance of 12% Gaming Contribution Grant No. 2015-1002-0718 from the Salt River Pima-Maricopa Indian Community in the amount of $20,000 for the Native American Management Internship. 14. GRANT – consider application and acceptance of a Grant No. 2015-2106-0713 from SRP Aesthetics Program Funding for electrical undergrounding project located at Baseline Road and the Eastern Canal in the amount of $106,000. 15. INTERGOVERNMENTAL AGREEMENT – consider approval of the renewal of Intergovernmental Agreement No. 2014-3002-0304 with the Town of Queen Creek for fire support services for a term of one year and authorize the Mayor to execute the required documents. 16. INTERGOVERNMENTAL AGREEMENT – consider approval of first amendment to the Intergovernmental Agreement No. 2013-5007-0352 with Maricopa County Library District for the Library Assistance Program and authorize the Town Manager to execute the required documents. 17. CONTRACT – consider approval of Engineering Services Contract No. 2015-7009-0719 with Black & Veatch for Phase 2 of the Santan Vista Water Treatment Plant, with the initial authorization for not to exceed $600,000, effective upon award and terminating June 30, 2018, Project No. WA070, and authorize the Mayor to execute the required documents. 18. CONTRACT – consider authorizing an expenditure utilizing Contract No. 2015-1105- 0447 with Motorola Solutions in an amount not to exceed $163,495 for Public Safety two- way radios and authorize the Mayor to execute the required documents. 19. CONTRACT – consider approval of renewal of Purchase Contract No. 2013-3002-0133 with United Fire Equipment Company for a term of one year in an amount not to exceed $150,000 for department uniforms and authorize the Mayor to execute the required documents. 20. CHANGE ORDER – consider approval of Change Order No. 1 to Contract No. 2015- 7003-0477 with Blucor Contracting increasing the contract amount by $482,330.50 for Germann Road –Val Vista to Higley Improvement Project, Project No. ST058. 21. PURCHASE - consider a motion to: a) authorize the purchase of one Peterbilt 348 with Brutus Rear Loader pursuant to Cooperative Purchase Agreement No. 2015-1103-0426 with Rush Truck Center Phoenix in an amount not to exceed $179,930 including taxes; and b) authorize an Environmental Services Residential Contingency Fund transfer in the amount of $4,930. 22. BUDGET - consider approval of a Contingency Transfer in the amount of $804,951 to reimburse Taylor Morrison for an overpayment per the terms of Resolution No. 3011. 23. BUDGET - consider approval of Contingency Transfer in the amount of $132,039 for the Claim Settlements incurred for the period January 1, 2015 to March 31, 2015. 24. BUDGET / ENVIRONMENTAL SERVICES - consider authirizing the use of Environmental Services Commercial contingency in the amount of $100,000. 25. PARKWAY IMPROVEMENT DISTRICT - consider publicly declaring bids for Parkway Improvement Districts for FY2016; reject all bids but the bid of the lowest and best responsible bidder; waive clerical errors; and award contracts for the work and authorize the Mayor to execute the required documents as follows: a) Contract No. 2015-8003-0673 with Somerset Contracting in the amount of $189,938.10 for work in PK No. 07-03, rejecting the bid alternate in the amount of $12,189.72; b) Contract No. 2015-8003-0674 with Somerset Contracting in the amount of $42,023.80 for work in PK No. 07-04; c) Contract No. 2015-8003-0675 with Somerset Contracting in the amount of $31,281.32 for work in PK No. 07-09; and d) Contract No. 2015-8003-0676 with Somerset Contracting in the amount of $15,435.60 for work in PK No. 07-11. 26. HUMAN RESOURCES - consider approval of the purchase of Public Entity Insurance from Travelers Insurance Company for FY2015-16 and authorize the staff to execute the necessary documents. 27. HUMAN RESOURCES - consider approval of Workers' Compensation Insurance Policy from Travelers Insurance Company for FY2015-16 with and authorize the staff to execute the necessary documents. 28. FINAL PLAT SP1434 - consider approval of the final plat for Commerce Property located at the northeast corner of the Union Pacific Railroad spur line and the Western Canal.  29. FINAL PLAT SP1437 - consider approval of a replat of "The Bridges East Parcel 2-5" located on the southwest corner of Recker Road and Azalea Drive. 30. MINUTES – consider approval of the minutes of the 4-28-15 Study Session, 4-28-15 Special Meeting, 4-30-15 Executive Session, and 4-30-15 Regular Meeting. 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. 31. LIQUOR LICENSE – conduct hearing and consider approval of a Series 6 Bar Liquor License for Fat Cats Entertainment Center located at 4321 East Baseline Road. 32. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for House of Brews Sports Grill located at 825 South Cooper Road #B-5 and #B-6. 33. CAPITAL IMPROVEMENT PLAN - conduct hearing, consider accepting the draft Capital Improvement Plan 2016-2020 Gilbert's Infrastructure Improvement Plan, and declare it as a public document. 34. ZONING Z14-15-E - conduct hearing and consider adoption of an Ordinance amending the Town of Gilbert Land Development Code, Chapter 1 Zoning Regulations, Division 5 Administration, Article 5.1 Planning Administration, Section 5.108 Design Review Board related to board membership requirements; and Article 5.6 Design Review, Section 5.602 Procedures and Responsibilities related to administrative design review for building expansions and subdivision open space plans. The effect of these amendments will be to add membership categories to the Design Review Board, to add administrative design review for building expansions in Employment zoning districts, and to clarify administrative design review for subdivision open space plans. 35. PROPERTY ACQUISITION – conduct hearing and consider adoption of a Resolution approving the acquisition of right-of-way and easements on Parcel Nos. 304-27-013N and 304-27-016S (Johnston Farms) for the Higley and Agritopia Loop Improvement Project, CIP Project No. TS179. RECESS REGULAR MEETING AND CONVENE SPECIAL MEETING  36. BUDGET - conduct hearing and consider adoption of the preliminary budget of $621,134,250 for the period of July 1, 2015 to June 30, 2016 and establish June 4, 2015 as the date of public hearing and adoption of the final budget. ADJOURN SPECIAL MEETING AND RECONVENE REGULAR MEETING 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. 37. BOARDS AND COMMISSIONS – consider appointment of three regular members to the Parks, Recreation and Library Services Advisory Board with a term beginning May 15, 2015 and ending May 12, 2018. 38. BOARDS AND COMMISSIONS – consider appointment to the Planning Commission of: a) three regular members with terms beginning June 2, 2015 and ending June 1, 2019; and b) one alternate member with a term beginning June 2, 2015 ending June 1, 2016. 39. 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  40. POLICY NO. 2015-03 - consider approval of Council Policy No. 2015-03 regarding Advertising, Sponsorship and Naming Rights, which amends Policy No. 2015-02 to require all net advertising revenue, except revenue generated by Parks or event sponsorship, be used to fund social services through the Town’s “Neighbor 2 Neighbor” program. 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.