Council Regular/Special Meeting

COUNCIL MEETING AGENDA January 28, 2016 Members may attend in person or by telephone. John W. Lewis, Mayor Eddie Cook Jenn Daniels Jared Taylor, Vice Mayor Victor Petersen Brigette Peterson Jordan Ray 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 NO. 2 7a. FINAL PLAT S13-14 - consider approval of a replat for The Bungalows at Cooley Station Phase 2 located west of the southwest corner of Recker Road and Vest Avenue. ADDENDUM 4a. CONTRACT – consider approval of: a) Contract No. 2016-7010-0179 with Clear Creek Associates in an amount not to exceed $153,000 to perform percolation improvements and project management at the South Recharge Site, Project No. WW077, and authorize the Mayor to execute the required documents; and b) a Capital Improvement Project Contingency Transfer with the Wastewater Fund as the designated revenue source in the amount of $575,000. 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 Andrea Cain, Desert Cross Lutheran Church. ROLL CALL PRESENTATIONS; PROCLAMATIONS 1. Recognition of students for winning the Town of Gilbert Environmental Services Outreach Art Calendar Contest. 2. Presentation of Annual Audited Financial Reports for fiscal year ended June 30, 2015. 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. 3. INTERGOVERNMENTAL AGREEMENT – consider approval of: a) Gilbert's cost share payment for Contract No. 2014-7012-0020 with the Arizona Department of Transportation in an amount not to exceed $92,211 for the Mid-Block Trail Crossing Signal Project, Project No. PR095, and authorize the Mayor to execute the required documents; and b) a Contingency Fund Transfer from the General Fund in the amount of $103,000. 4. CONTRACT - consider approval of Contract No. 2016-7013-0187 with Southwest Gas Corporation in an amount not to exceed $104,166 for the Compressed Natural Gas (CNG) Refueling Station, Project No. MF228, and authorize the Mayor to execute the required documents. 5. CONTRACT - consider approval of:  a) Professional Consulting Services Contract No. 2016-1309-0186 with TischlerBise in an amount not to exceed $7,800 for the completion of updated Water and Wastewater System Development Fee (SDF) Studies and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the General Fund in the amount of $7,800. 6. PURCHASE - consider: a) authorizing the purchase and installation of vehicle safety devices to be installed in FY2016 police replacement vehicles in an amount not to exceed $18,000 from LSH Lights, utilizing Purchase Contract No. 2014-1103-0157; and b) a Contingency Fund Transfer from the General Fund in the amount of $18,000. 7. FINAL PLAT S09-02 - consider approval of the final plat for Adora Trails - Parcel 14 located south and west of the intersection of Riggs Road and 164th Street. 8. BOARDS AND COMMISSIONS – consider acceptance of the resignation of Jason Watson from the Design Review Board, effective January 28, 2016. 9. SPECIAL EVENT LIQUOR LICENSE - consider approval of a Special Event Liquor License for the Gilbert Historical Society for March 5, 2016 from 6 p.m. to 11p.m. 1ocated at l0 South Gilbert Road. 10. TEMPORARY EXTENSION OF PREMISES - consider approval of an extension of premises for Isabel's located at 1490 East Williams Field Road, #101 for a fundraiser to be held on April 9, 2016. 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. 11. LIQUOR LICENSE - conduct hearing and consider approval of a Series 12 Restaurant Liquor License for Sanfratello's Pizza located at 857 East Warner Road, #101. 12. APPEAL AP16-01 (UP15-12) - conduct hearing and consider appeal to the Gilbert Town Council from the Town of Gilbert Planning Commission's decision to deny a Conditional Use Permit that would allow a multi-family residential use in a Regional Commercial zoning district on the basis that the proposed project meets the conditions requiring mixed use integration between multifamily development and surrounding uses. The Flats at SanTan project site is approximately 11.62 acres of real property located at the northwest corner of Santan Village Parkway and Boston Street and is zoned Regional Commercial (RC). The Town Council may uphold the approval by the Planning Commission, or may grant the Use Permit, and if granted impose conditions on the Use Permit. 13. GENERAL PLAN GP15-11 - conduct hearing and consider adoption of a Resolution approving a Minor General Plan Amendment for Welcome Home Veterans Park to change the land use classification of approximately 2.7 acres of real property generally located at the southwest corner of E. Civic Drive and S. Palm St. from Residential > 3.5-5 DU/AC land use classification to Public Facilities / Institutional (PF/I) Land Use Classification. 14. GENERAL PLAN GP14-01/ZONING Z14-01 - conduct hearing and consider: a) adoption of a Resolution approving a 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 amend 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. The effect of the rezoning will be to allow residential uses and also to reduce the total acreage available for Light Industrial (LI). Continued to February 18, 2016 Council Meeting.  15. GENERAL PLAN GP15-09/ZONING Z15-18 - conduct hearing and consider: a) adoption of a Resolution approving a Minor General Plan amendment for B Green Healthcare Assisted Senior Living to change the land use classification of approximately 1.47 acres of real property generally located on the south side of Guadalupe Road between Recker and Power Roads, from Neighborhood Commercial land use classification to Residential >1-2 DU/AC land use classification. The effect of this amendment will be to change the plan of development for the property to allow for an assisted living facility; and b) approval of the findings and adoption of an Ordinance rezoning approximately 1.47 acres of real property generally located on the south side of Guadalupe Road between Recker and Power Roads from Town of Gilbert Neighborhood Commercial (NC) to Single Family Residential - 35 (SF-35) zoning district with a Planned Area Development (PAD) overlay to modify the maximum lot coverage and required setbacks. The effect of the rezoning will be to allow for an assisted living facility with approximately 41 beds in two buildings with increased maximum lot coverage and reduced setbacks. 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. 16. SPECIAL DISTRICT - consider adoption of a Resolution endorsing the formation of the White Fence Farms 1 Irrigation Water Delivery District and authorize the Mayor to execute the required documents. 17. COUNCIL ADMINISTRATION - direction to staff regarding an amendment to Section 4.5014 of the Town of Gilbert Land Development Code (LDC). The LDC currently: (1) limits the hours of operation of a Medical Marijuana Facility from 8:00 a.m. to 6:00 p.m. (4.5014.D); (2) prohibits the sale of merchandise other than medical marijuana (4.5014.B.10); and (3) limits Medical Marijuana and Offsite Cultivation Sites to a single secure entrance (4.5014.B.2). 18. 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 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.