Council Regular/Special Meeting

COUNCIL MEETING AGENDA June 9, 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 7:00 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 PRESENTATIONS; PROCLAMATIONS 3A. Recognition of the Mission Community Church and the volunteers who worked on the Stanford Home Rebuild Project. ADMINISTRATIVE ITEMS 28A. Presentation of the proposed public engagement process and composition of Heritage District stakeholder working groups for the nine Heritage District focus areas over the next 12-18 months. 6/7/16 – Item 25 Property Description Corrected 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 Thor Strandholt, Valor Christian Church. ROLL CALL PRESENTATIONS; PROCLAMATIONS 1. Pillar of the Month - Citizenship 2. Proclamation declaring June 9, 2016 as Advocates for Individuals with Disabilities Day. 3. Recognition of the Gilbert Tigers Boys Lacrosse team for winning the varsity state championship in the Arizona Lacrosse League. 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. 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. 5. AGREEMENT – consider approval of Amendment No. 3 to the Ground Lease Agreement No. 2012-2105-0218 with Heliae Development, LLC in an amount of $5,643.75 to be paid to the Town of Gilbert and authorize the Mayor to execute the required documents. 6. CONTRACT – consider approval of Wireless Communication Facility Lease Contract No. 2016-1105-0317 with Verizon Wireless LLC with Verizon Wireless LLC paying the Town of Gilbert $1,700 per month with an annual increase of 3% each year for a term of five years with five automatic renewals of five years each for approximately 709 square feet of Town-owned property located at 8220 South Power Road (north of the northwest corner of Power and Queen Creek Roads) and authorize the Mayor to execute the required documents. 7. CONTRACT – consider approval of a Street Renovation Contract No. 2016-4106-0266 with Southwest Slurry Seal in an amount not to exceed $892,635.52 for the Polymer Modified Slurry Seal Services with the option to renew and authorize the Mayor to execute the required documents. 8. CONTRACT – consider approval of Construction Contract No. 2016-7010-0279 with Degan Construction, LLC. in an amount not to exceed $364,593.75 for the South Recharge Basin Phase II: Drainage Hole Improvements., Project No. WW077, and authorize the Mayor to execute the required documents. 9. CONTRACT – consider approval of Amendment No. 1 to Contract No. 2015-5501-0746 with House of Refuge to repurpose the funds from the original purpose of the resource center to be used instead within their operating budget to assist in relocating families to alternate housing and authorize the Town Manager to execute the required documents. 10. CHANGE ORDER – consider approval of Change Order No.1 to Contract No. 2015- 7009-0503 with Stanley Consultants, Inc. increasing the contract amount by $21,714 for Reservoir 7 Booster Pump Station, Project No. WA074. 11. CONTRACT – consider approval of Job Order Contract (JOC) No. 2 under Contract No. 2016-4107-0019 to B&F Contracting, Inc. in an amount not to exceed $1,261,276.10 for the Greenfield Road Sinkhole and Force Main Rehabilitation, Project No. WW103, and authorize the Mayor to execute the required documents. 12. CONTRACT – consider approval of Renewal No. 3 of Contract No. 2005-4107-0147 with Severn Trent Services, Inc., in an amount not to exceed $3,041,832.00 for the Neely Wastewater Reclamation Plant Operation and Maintenance, and authorize the Mayor to execute the required documents. 13. CHANGE ORDER – consider approval of Change Orders for Saint Xavier University Project, Project No. RD115: a) Change Order No.1 to Contract No. 2014-2106-0339 with Okland Construction decreasing the contract amount by $3,401,689; b) Change Order No. 2 to Contract No. 2014-2106-0142 with SmithGroup JJR decreasing the contract amount by $26,240; c) Change Order No. 1 to Contract No. 2014-2106-0152 with Abacus decreasing the contract amount by $77, 524.08; and d) Change Order No. 1 to Contract No. 2015-7102-0629 Corporate Interior Systems decreasing the contract amount by $7,007.80. 14. PARKWAY IMPROVEMENT DISTRICT – consider finding no written notices objecting to the acts of proceeding were filed with Gilbert pursuant to A.R.S. 48-584 (E) within 15 days of the publication of the notice of award of the contract for FY17  improvements in Parkway Improvement District Nos. 88-05, 07-02, 07-06, 07-09 & 07-11, and authorize the Mayor to execute the required documents as follows: a) Contract No. 2016-8003-0239 with Somerset Contracting in 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. FINAL PLAT S14-02 - consider approval of the final plat for Lyon's Gate Phase 11, located at the northwest corner of Williams Field Road and Wade Drive. 16. FINAL PLAT S14-11 - consider approval of the amended final plat for Brighton located at on the west side of Val Vista Drive, just north of Park Avenue. 17. ABANDONMENT - consider adoption of a Resolution of abandonment for 27,772 square feet of Public Utilities and Storm Drain Easement within the western boundary of the Brighton subdivision. 18. MINUTES – consider approval of the minutes of Study Session of May 3, 2016; Special Meetings of May 3, 2016 and May 17, 2016; and Regular Meetings of May 5, 2016 and May 17, 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. 19. LIQUOR LICENSE – conduct hearing and consider approval of a Series 10 Beer and Wine Store Liquor License for Grab N Go 404 located at 784 North McQueen Road. 20. LIQUOR LICENSE – conduct hearing and consider review of a Series 12 Restaurant Liquor License for Sushi Brokers located at 350 North Gilbert Road, #101. 21. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for Mod Super Fast Pizza located at 830 West Warner Road, #101. 22. BONDS – conduct hearing and consider adoption a Resolution authorizing the issuance of Town of Gilbert Water Resources Municipal Property Corporation Senior Lien Utility Revenue and Revenue Refunding Bonds, Series 2016. 23. GENERAL PLAN GP16-01/ ZONING Z16-03 – conduct hearing and consider: a) adoption of a Resolution GP16-01 approving a Minor General Plan amendment to change the land use classification of approximately 14.29 acres of real property generally located at the southwest corner of W. Ray Road and S. Gilbert Road from Community Commercial (CC) land use classification 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 residential development; and b) approval of the findings and adoption of an Ordinance Z16-03 Bella Verde rezoning approximately 14.29 acres of real property, generally located at the southwest corner of W. Ray Road and S. Gilbert Road, from Town of Gilbert Community Commercial (CC) zoning district to Single Family Detached (SF-D) zoning district with a Planned Area Development (PAD) overlay zoning district to modify minimum lot area, minimum lot dimension, building height, side yard setback, and landscaped arterial standards. The effect of the rezoning will be to allow for residential uses with increased lot areas, increased lot dimensions, reduced maximum building heights, and increased side yard setbacks. 24. ZONING Z16-06-A - conduct hearing and consider adoption of an Ordinance amending the Town of Gilbert Land Development Code, Chapter I Zoning Regulations, Division 1: General Provisions, Division 2: Land Use Designations, Division 3: Overlay Zoning Districts, Division 4: General Regulations, Division 5: Administration, and Division 6: Use Definitions; Chapter III: Subdivision Regulations, Glossary of General Terms, to amend and reorganize the Land Use Table with new use definitions and regulate where uses are permitted, to permit a Facility Manager dwelling unit for Animal Services, and to add Teletrak (Off track betting) use and regulations. In addition, amendments will codify the product of a comprehensive review to clarify terms and add cross references where needed. In addition, amendments will resolve discrepancies, reflect current development standards and amend the glossary. 25. PROPERTY ACQUISITION – conduct hearing and consider: a) adoption of a Resolution approving the acquisition of property in the Heritage District described as lot 14 of the Hearne addition, Maricopa County Parcel No. 304-11-148, declaring an emergency, and authorize the Mayor to execute the required documents; and  b) approve use of Economic Development Reserve Contingency in Fiscal Years 2016 and 2017 in an amount not to exceed $150,000. 26. BUDGET - conduct hearing and consider adoption of an Ordinance relating to taxation levied upon assessed valuation of the property within the Municipal Street Lighting Improvement District No. 85-01 through 85-10, 85-13 through 85-15, 85-17, 85-20 through 85-24, 86-01 through 86-11, 86-26, 87-01 through 87-06, 87-08 through 87-22, 87-24, 87-25, 87-27, 88-01 through 88-08, 89-01, 90-01 through 90-05, 91-01 through 91-07, 92-01 through 92-03, 92-05 through 92-09, 93-01 through 93-08, 93-10 through 93-16, 93-18, 93- 20, 94-01 through 94-24, 94-26, 94-28 through 94-38, 95-01 through 95-26, 95-28 through 95-42, 96-01 through 96-17, 96-19, 96-21 through 96-32, 97-01 through 97-06, 97-08, 97-10 through 97-21, 98-01, 98-03 through 98-09, 98-11 through 98-13, 98-15 through 98-18, 99- 01 through 99-08, 00-01 through 00-14, 01-01 through 01-05 and 02-01 through 02-06, 03- 01 through 03-10, 04-01 through 04-06, 04-08, 05-01 through 05-12, 06-01 through 06-17, 07-01 through 07-05, 07-07 through 07-10, 08-01 through 08-03, 10-03, 11-01 through 11- 03, 12-01 through 12-04, 13-01 through 13-15, 13-17 and 13-18, 14-01, 14-02, 14-04, 14-07 and 14-08 certain sum sufficient to raise the amount required for Street Lighting Improvement Districts subject to maximum levy, and declaring an emergency. 27. BUDGET - conduct hearing and consider adoption of an Ordinance relating to taxation levied upon property within the Parkway Maintenance Improvement District Nos. 07-01, 07- 02, 07-03, 07-04, 88-05, 07-06, 07-07, 88-08, 07-09, 07-10, and 07-11 sufficient to raise the amount required for Parkway Improvement Districts for the period July 1, 2016 to June 30, 2017, and declaring an emergency. RECESS REGULAR MEETING AND CONVENE SPECIAL MEETING 28. BUDGET - conduct hearing and consider adoption of the Final Budget of $850,494,630 for the period of July 1, 2016 to June 30, 2017. 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. 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) 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.