Council Regular/Special Meeting

COUNCIL MEETING AGENDA May 5, 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 Drive 7:00 PM 50 East Civic Center Drive Gilbert, Arizona 5/4/16 - Item 19 Changed to Add Emergency Clause AGENDA ITEMS MAY BE DISCUSSED IN A DIFFERENT SEQUENCE. ITEMS WILL NOT BE DISCUSSED PRIOR TO POSTED MEETING TIME. AGENDA ITEM CALL TO ORDER 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 Pastor Rick Furmanek, Evident Life Church. ROLL CALL PRESENTATIONS; PROCLAMATIONS 1. Pillar of the Month – Caring. 2. Proclamation declaring May 2016 as Brain Tumor Awareness Month.  3. Proclamation declaring May 8-14, 2016 as National Economic Development Week. 4. Recognition of Gilbert Honeycutt, Human Relations Commission, for 10 years of service to the Town of Gilbert. 5. Recognition of Legacy Traditional School – Gilbert Campus for winning April’s State Finals and earning an invitation to compete in the Odyssey of the Mind World Finals. 6. Recognition of Leading Edge Academy’s girls basketball team for winning five straight State Championships in the Canyon Athletic Association. 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. 7. INTERGOVERNMENTAL AGREEMENT - consider approval of Intergovernmental Agreement No. 2016-5007-0262 with Maricopa County Library District for library operations of both the Southeast Regional and Perry Branch Libraries and authorize the Mayor to execute the required documents. 8. DEVELOPMENT AGREEMENT – consider adoption of a Resolution approving a First Amended Development Reimbursement Agreement with Larry Frank Allen for the cost of off-site improvements made at and around the intersection of Ray Road and Gilbert Road and authorize the Mayor to execute the required documents. 9. AGREEMENT – consider approval of First Amendment to Telecommunications License Agreement Contract No. 2006-1105-0133 with Alltel Communications Southwest Holdings, Inc. doing business as Verizon Wireless in an amount not to exceed $50 per month for a wireless communication facility until 2031 and authorize the Mayor to execute the required documents. 10. BUDGET – consider approval of a Contingency Transfer from the Environmental Services Residential Contingency Fund in the amount of $350,000 and Environmental Services Commercial Contingency Fund in the amount of $45,000 to: a) Residential Fund in the amount of $275,000;  b) Bulk Fund in the amount of $75,000; and c) Commercial Fund in the amount $45,000. 11. GRANT – consider acceptance of a grant, Contract No. 2016-2106-0280, from Salt River Project Aesthetics Program funding to complete landscaping improvements in front of Salt River Project's Tenney substation, located west of the intersection of Lindsay and Ray Roads on the south side of Ray Road and authorize the Mayor to execute the required documents. 12. SPECIAL EVENTS - consider approval of funds in an amount not to exceed $15,000 to provide certain limited services at the 2016 Fourth of July fireworks show to protect public safety and authorize the Mayor to sign a letter of commitment. 13. FINAL PLAT SP1480 - consider approval of the final plat for District Lofts located between Cullumber Avenue and the Union Pacific Railroad tracks, just west of Gilbert Road. 14. PARKWAY IMPROVEMENT DISTRICT – consider publicly declaring the bids for FY 2017 improvements in Parkway Improvement Districts No. 88-05, 07-02, 07-06, 07-09 & 07- 11 and 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. 2016-8003-0239 with Somerset Contracting the amount of $29,695.70 for work in PK No. 88-05; b) Contract No. 2016-8003-0238 with Somerset Contracting in the amount of $56,054.65 for work in PK No. 07-02; c) Contract No. 2016-8003-0237 with Somerset Contracting in the amount of $81,875.50 for work in PK No. 07-06; d) Contract No. 2016-8003-0236 with Somerset Contracting in the amount of $27,116.00 for work in PK No. 07-09; and e) Contract No. 2016-8003-0235 with Somerset Contracting in the amount of $43,832.30 for work in PK No. 07-11. 15. PARKWAY IMPROVEMENT DISTRICT – consider publicly declaring the bid for FY2017 improvements in Parkway Improvement District No. 0703 and reject all bids but the bid of the lowest and best responsible bidder, waive clerical errors, and award Contract No. 2016-8003-0265 with Sonrisa the amount of $4,635.00 per month for PK No. 07-03 and authorize the Mayor to execute the required documents. 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. 16. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for Black Bear Diner #73 located at 1809 East Baseline Road. 17. BONDS – conduct hearing and consider adoption of a Resolution allowing the Town to use bond proceeds to repay internal borrowing incurred prior to sale of bonds for the San Tan Vista Water Treatment Plant Expansion, Project No. WA070. 18. GENERAL PLAN GP15-12/ZONING Z15-21- conduct hearing and consider: a) adoption of a Resolution approving a Minor General Plan Amendment to change the land use classification of approximately 79 acres of real property generally located on the southwest corner of Ray and Recker Roads from Residential > 5-8 DU/AC to Residential > 3.5-5 DU/AC land use classification; and b) approval of the findings and adoption of an Ordinance Z15-21 amending the zoning classification of approximately 79 acres of real property generally located on the southwest corner of Ray and Recker Roads from Single Family - 8 (SF-8) to Single Family - Detached (SF-D) zoning district with a Planned Area Development (PAD) overlay to modify the required building setbacks. The effect of the rezoning will be to reduce setbacks within a motorcourt product. 19. ZONING Z16-04 - conduct hearing and consider adoption of an Ordinance to amend the Town of Gilbert Land Development Code, Chapter I Zoning Regulations, Division 4 General Regulations, Article 4.5 Supplemental Use Regulations, Section 4.5014 Medical Marijuana Dispensaries, Offsite Cultivation Sites and Designated Caregiver Cultivation Locations, related to the number of permitted facilities within the Town. The effect of the amendment will be to limit the number of allowed medical marijuana facilities to a total of two within the Gilbert Town limits, and declaring an emergency. 20. PROPERTY ACQUISITION/CHANGE ORDER – consider: a) conducting hearing and consider approving the acquisition of right-of-way and easement Parcel No. 302-12-043A for improvements to the Cooper and Guadalupe Intersection, CIP Project No. ST094, in an amount not to exceed $240,164 plus statutory interest: and  b) approval of Change Order No.5 to Contract No. 2010-7003-0089 with Ritoch Powell & Associates increasing the contract by $68,290 for the Cooper and Guadalupe Intersection, CIP Project No. ST094. 21. CONTRACT – conduct hearing and consider rejection of the bid protest submitted by GoFirst, a joint venture, and the individual joint venturers, Go Towing & Recovery LLC and First Class Automotive Transport LLC, for Request for Proposal No. 2016-3001-0177 Police Motor Vehicle Towing Services and authorize the Mayor to execute the required documents. 22. CONTRACT – conduct hearing and consider rejection of the bid protest submitted by Priority Towing LLC, for Request for Proposal No. 2016-3001-0177 Police Motor Vehicle Towing Services and authorize the Mayor to execute the required documents. 23. CONTRACT – consider approval of the following contracts for the Gilbert Police Motor Vehicle Towing Services and authorize the Mayor to execute the required documents: a) Contract No. 2016-3001-0241 with Thompson Diversified LLC; b) Contract No. 2016-3001-0242 with Apache Sands Towing; c) Contract No. 2016-3001-0177 with Tri-City Towing; d) Contract No. 2016-3001-0243 with All City Towing; and e) Contract No. 2016-3001-0244 with Arizona Boyz Towing. 24. BUDGET - conduct hearing and adopt the budgets on the 2016/2017 Street Light Improvement Districts (SLID) and establish June 9, 2016 as the final public hearing and adopting the tax levy for the districts. 25. BUDGET — conduct hearing and adopt the preliminary budget on the Parkway Maintenance Improvement District Nos. 88-06, 88-08, 07-01, 07-02, 07-03, 07-04, 07-07, 07-08, 07-09, 07-10, and 07-11 for July l, 2016 to June 30, 2017 and establish June 9, 2016 as the date of the final public hearing and adopting a tax levy for the districts. 26. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS – conduct hearing and consider adoption of the Gilbert FY2016-2017 Annual Action Plan for Community Development Block Grant Activities to the US Department of Housing and Urban Development and authorize the Mayor or his designee to execute and submit the required documents. RECESS REGULAR MEETING AND CONVENE SPECIAL MEETING 27. BUDGET - acceptance of the preliminary budget for July 1, 2016 to June 30, 2017 of $850,494,630 and establish June 9, 2016 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. 28. BOARDS AND COMMISSIONS – consider appointment of two regular members to the Parks, Recreation and Library Services Advisory Board with a term beginning May 11, 2016 and ending May 12, 2019. 29. BOARDS AND COMMISSIONS – consider appointment of two regular members to the Public Facilities Municipal Property Corporation with a term beginning May 6, 2016 and ending January 1, 2019. 30. 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.