Council Regular/Special Meeting

COUNCIL MEETING AGENDA December 10, 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 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. 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. Pillar of the Month - Caring. 2. Presentation of the 12k’s of Christmas “Spirit of Giving Award".  3. Recognition of the Mesquite High School Marching Wildcats - Division 3 Arizona State Champions and Grand Champions of the Arizona Marching Band Association (AzMBA) Marching Band Championship. 4. Recognition of the Gilbert Pop Warner State Champions. 5. Presentation by the Gilbert Chamber of Commerce on behalf of the Chamber for Good Committee. 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. AGREEMENT – consider approval of renewal of Intergovernmental Agreement No. 2013-4105-0134 with the Town of Queen Creek for their use of Gilbert’s Household Hazardous Waste Facility, effective November 1, 2015 and terminating October 31, 2016 and authorize the Mayor to execute the required documents. 7. AGREEMENT - consider: a) adoption of an Ordinance establishing a Specific Sewer Service Area No. S15-01 and establishing area-specific sewer line extension fees; and b) approval of Water Line Extension Payback Agreement with EVO Aquatics, LLC near the intersection of Pecos and Mercy and authorize the Mayor to execute the required documents. 8. DEVELOPMENT AGREEMENT – consider adoption of a Resolution approving a Development Reimbursement and Lien Agreement with FAE Holdings 461354R, LLC for reimbursement of half street improvements to Power Road at the northwest corner of Nunnelley and Power Roads, Project No. ST120, and authorize the Mayor to execute the required documents. 9. CONTRACT – consider approval of Cooperative Purchase Order Contract No. 2016- 1105-0103 with CenturyLink Communications, L.L.C. pursuant to State Contract No. ADSPO15-088468 in an amount not to exceed $157,000 for Carrier and Broadband Provider service or supplies for FY2016 and authorize the Mayor to execute the required documents. 10. CONTRACT – consider approval of Construction Management Services Contract No. 2016-7010-0133 with Wood Patel in an amount not to exceed $178,670 for the Fiesta Tech Lift Station and Force Main Project, Project No. WW099, and authorize the Mayor to execute the required documents. 11. CONTRACT – consider: a) approval of Cooperative Purchasing Agreement No. 2015-1103-0797 with Midway Chevrolet Company pursuant to State of Arizona Contract ADSPO14-063239 in an amount not to exceed $166,780 including taxes for four 2015 Isuzu cab and chassis; b) approval of Cooperative Purchasing Agreement No. 2015-1103-0798 with Crafco, Inc. pursuant to Houston-Galveston Area Council of Governments (H-GAC) Contract SM10-14A in an amount not to exceed $109,370 including taxes for up-fit of two 2015 Crack Vac and authorize the Mayor to execute the required documents; and c) authorize an Environmental Services Residential Replacement Fund Contingency Transfer in the amount of $10,320. 12. CONTRACT – consider: a) approval of Cooperative Purchase Agreement No. 2012-1103-0222 with San Tan Ford for three vehicles and Cooperative Purchase Agreement No. 2012-1103-0224 with Courtesy Chevrolet for six vehicles in an amount not to exceed $250,645 including taxes; b) approval of Cooperative Purchase Agreement No. 2014-1103-0157 with LSH in an amount not to exceed $24,330 for emergency equipment and installation up-fitting and authorize the Mayor to execute the required documents; and c) authorize a General Replacement Fund Contingency Transfer in the amount of $44,265. 13. CONTRACT – consider: a) approval of a Cooperative Purchase Agreement No. 2015-1103-0796 with Rush Truck Center Phoenix pursuant to City of Tempe Cooperative Purchasing Contract #T15-097-01; and b) approval of the purchase of two 2016 Peterbilt 320 Rear Loaders pursuant to Cooperative Purchase Agreement No. 2015-1103-0796 with Rush Truck Center, Phoenix and one Kubota Tractor pursuant to Cooperative Purchase Agreement No. 2015-1103-0394 with Bingham Equipment Company in the amount not to exceed $614,238 including taxes and authorize the Mayor to execute the required documents; and c) authorize an Environmental Services Residential Replacement Fund Contingency Transfer in the amount of $614,238 including taxes.  14. CHANGE ORDER – consider approval of Change Order No. 1 to Contract No. 2015- 7003-0386 with DCS Contracting Inc. increasing the contract in an amount not to exceed $400,000 for construction services for the Higley/Warner Improvements Project, Project No. ST152. 15. BUDGET / CAPITAL IMPROVEMENT PROJECTS- consider approval of a Contingency Transfer Request from the Streets Fund in the amount of $165,000 for the Advance Detection Safety Improvement Project, Project No. TS174. 16. FINAL PLAT SP1489 - consider approval of the final plat of Accelerated Gilbert Power located on the northwest corner of Nunnelley and Power Roads. 17. COUNCIL ADMINISTRATION- consider adoption of a Resolution designating locations for posting of the physical posting of meeting notices and agendas in the Town of Gilbert. 18. MINUTES – consider approval of the minutes of Special Meeting of November 17, 2015, Special Meeting of November 19, 2015 and Regular Meeting of November 19, 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 7 Liquor License for The Art House located at 36 North Gilbert Road. 20. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for Starbucks Coffee #5377 located at 830 West Warner Road. 21. GENERAL PLAN GP14-01/ ZONING Z14-01 – conduct hearing and consider: a) adoption of a Resolution approving a Request for Minor General Plan Amendment to change the land use classification of approximately 41.3 acres of real property generally located at the northeast corner of Wren Drive and Ray Road from 41.3 acres of Light Industrial land use classification to 21.6 acres of Light Industrial and 19.7 acres of Residential >14-25 DU/AC land use classifications, as shown on the exhibit which is available for viewing in the Planning and Development Services Office. The effect of this amendment will be to change the plan of development for the property to allow residential uses in addition to the reduced acreage for Light Industrial (LI)); and b) approval of the findings and adoption of an Ordinance amending Ordinances No. 1503 and 2180, pertaining to the Gateway Pointe Industrial 2 Planned Area Development (PAD) by removing from the Gateway Pointe Industrial 2 PAD approximately 41.3 acres of real property consisting of 4.7 acres of Business Park and 36.6 acres of Light Industrial (LI) zoning districts, all with a Planned Area Development overlay zoning district, generally located at the northeast corner of Wren Drive and Ray Road; approving the Development Plan for the Gateway Place Planned Area Development; and changing the zoning classification of said real property from 4.7 acres of Business Park and 36.6 acres of Light Industrial (LI) zoning district with a Planned Area Development overlay zoning district to approximately 21.6 acres of Light Industrial (LI) and 19.7 acres of Multi-Family / Medium (MF/M) zoning districts, 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 as follows: to decrease side and rear setbacks interior to the Gateway Place PAD and perimeter side and rear setbacks adjacent to Light Industrial zoning. Continued to January 28, 2016. 22. GENERAL PLAN GP15-10/Z15-19 – 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 Residential >8-14 Du/Acre to >5-8 Du/Acre Land Use Classification. The effect of this amendment will be to change the plan of development for the property to allow a reduction in residential density; 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 2521 pertaining to both the PAD-ROS and PAD-2 and to rezone approximately 100.35 acres of real property generally located southeast of the southeast corner of Recker and Williams Field Roads from approximately 19.45 acres of Single Family - Attached (SF-A) 23. GENERAL PLAN GP15-08/Z15-16 – conduct hearing and consider: a) adoption of a Resolution approving a Minor General Plan Amendment to change the Land Use Classification of approximately 9.51 acres of real property generally located east of the southeast corner of E. Pecos Road and S. Greenfield Road from Residential > 1 - 2 DU/AC to Residential > 3.5 - 5 DU/AC Land Use Classification. The effect of this amendment will be to change the plan of development for the property to allow increased density of residential development.  b) approval of the findings and adoption of an Ordinance rezoning approximately 9.51 acres of real property, generally located east of the southeast corner of E. Pecos Road and S. Greenfield Road, from Town of Gilbert Single Family-35 (SF-35) zoning district to Single Family Attached (SF-A) zoning district. The effect of the rezoning will be to allow single family, attached housing. 24. CODE OF GILBERT - conduct hearing and consider a petition by Withey Morris, on behalf of Mattamy Homes to waive the requirements of Code of Gilbert, Chapter 10 Buildings and Construction Regulations, Section 10-254 Same Waiver of Requirements for underground installation of existing utility lines along Elliot and McQueen Roads adjacent to the Enclave at North Shore project. 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. 25. BOARDS AND COMMISSIONS – consider appointment to the Design Review Board of: a) three regular members with terms beginning December 19, 2015 and ending December 18, 2019; and b) one alternate member with a term beginning December 19, 2015 and ending December 18, 2016. 26. 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) Regional Meetings d) Arts and Culture Board e) Design Review Board f) Environmental and Energy Conservation Advisory 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) Town of Gilbert, AZ Public Facilities MPC  n) Town of Gilbert, AZ Water Resources MPC o) Town of Gilbert, AZ Self-Insured Trust Fund for Health Benefits p) Utility Board POLICY ITEMS 27. POLICY NO. 2016-01 - consider approval of Council Policy No. 2016-01 regarding purchases from members of the Governing Body. 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.