Council Regular/Special Meeting

COUNCIL MEETING AGENDA March 2, 2017 Members may attend in person or by telephone. Jenn Daniels, Mayor Scott Anderson Jordan Ray Victor Petersen, Vice Mayor Eddie Cook Jared Taylor Brigette Peterson 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 7A. DEVELOPMENT AGREEMENT – consider adoption of a Resolution to approve the Amended and Restated Development Agreement with AZ Baseside LLC for off-site improvements at the southeast corner of Baseline and Higley Roads, Project No. ST174, and authorize the Mayor to execute the required documents. 12A. TEMPORARY EXTENSION OF PREMISES – consider approval of a temporary extension of premises for Isabel's located at 1490 East Williams Field Road, Suite 101, for an event to be held on March 25, 2017. AGENDA ITEM CALL TO ORDER PRESENTATIONS; PROCLAMATIONS 1. Proclamation declaring March 2, 2017 as Adaptive Recreation Unified Cheer Day. PRESENTATION OF STUDENT CITIZEN OF THE MONTH AWARD PRESENTATIONS; PROCLAMATIONS 2. Recognition of 16 Homeowner Association (HOA) communities which earned Water Wise Gilbert status in 2016.  3. Recognition of Mr. David Ihn's 6th grade class from Islands Elementary which came to the Gilbert Police Department and helped the Town save water and money by swapping out old faucet aerators with new, water-efficient ones. 4. Recognition of Tim Dorn, Chief of Police, for 17 years of service to the Town of Gilbert. INVOCATION AND PLEDGE OF ALLEGIANCE New (Section Text) 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 Pastor Tim Thompson, Fountain of Life Church. ROLL CALL 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. 5. ANNEXATION A16-01 – consider adoption of an Ordinance approving the annexation of approximately 20.72 acres located at the northwest corner of East 172nd Street and Hunt Highway. A public hearing was held on January 26, 2017. 6. AGREEMENT - consider approving a Development, Operation and Maintenance Lease Agreement No. 2016-5001-0121 with SAP Holdings, LLC, a subsidiary of Castle Golf, LLC, for the development of four vacant acres in Crossroads Park and authorize the Mayor to execute the required documents. 7. DEVELOPMENT AGREEMENT – consider adoption of a Resolution to approve Amendment No. 1 to the Development Agreement with Silent-Aire USA, Inc. and Park  Lucero III, LP. for the improvements to Mustang Road by amending Exhibit C and authorize the Mayor to execute the required documents. 8. BUDGET – consider approval of: a) a Contingency Transfer from the Gilbert and Guadalupe Roads Intersection, Project No. ST129, to Mustang Road/State Route 202 to Germann Road, Project No. ST175, in the amount of $92,491; and b) a Contingency Transfer from the Economic Development Reserve Fund in the amount of $94,607.50 for reimbursement of additional off-site improvement costs. 9. AGREEMENT – consider approval of Professional Consulting Services Agreement No. 2017-2106-0572 with BWS Architects in an amount not to exceed $55,565 to provide Vaughn Avenue and Gilbert Road Intersection Assessment and Urban Landscape Design associated with Heritage District Parking Garage II, Project No. RD120, and authorize the Mayor to execute the required documents. 10. CONTRACT – consider approval of Project Management/Construction Management (PM/CM) Services, Contract No. 2017-2106-0550 with CookDZ LLC. in an amount not to exceed $338,800 for Fire Station No. 9, Project No. MF023, and authorize the Mayor to execute the required documents. 11. PROPERTY SALE - consider authorizing town staff to conduct an auction on May 4, 2017, for Gilbert surplus land, parcel no. 304-58-935. The parcel is approximately 38.24 acres generally located at Germann and Greenfield roads. The purpose of the auction is to identify the highest bidder for cash, pursuant to A.R.S. 9-403, with a minimum bid of $10,709,000, and bids in increasing $50,000 increments thereafter. 12. TEMPORARY EXTENSION OF PREMISES – consider approval of a temporary extension of premises for Jimmy's of Chicago located at 884 East Williams Field Road, Suite 102 for an event to be held March 4, 2017 through March 5, 2017. 13. SPECIAL EVENT LIQUOR LICENSE – consider approval of a Special Event Liquor License for the Chamber of Commerce for March 31, 2017 from 6:30 pm to 10:15 pm at the Life Community Church, 717 West Ray Road. PUBLIC HEARING New (Section Text) 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. 14. GENERAL PLAN GP16-08/ ZONING Z16-21 – conduct hearing and consider: a) adoption of a Resolution approving a Minor General Plan amendment GP16-08 - American Groves - to change the Land Use Classification of approximately 2.25 acres of real property generally located at the southeast corner of Elliot Road and 29th Place from approximately 2.25 acres of Neighborhood Office (NO) to approximately 2.25 acres of Residential > 0-1 du/acre Land Use Classification. The effect of this amendment will be to change the plan of development from employment to residential; and b) approval of the findings and adoption of an Ordinance Zoning Z16-21 - American Groves - Request to rezone approximately 6.48 acres of real property generally located at the southeast corner of Elliot Road and 29th Place from approximately 2.25 acres of Neighborhood Office (NO) and 4.23 acres of Single Family Residential -15 (SF-15) zoning district to approximately 6.48 acres of Single Family Residential - 35 (SF-35) zoning district. The effect of the rezoning will be to change the permitted land uses from non-residential employment uses to residential land uses. Continue to May 18, 2017. 15. GENERAL PLAN GP16-07/ ZONING Z16-20 – conduct hearing and consider: a) adoption of a Resolution approving a Minor General Plan amendment GP16-07 - Nationwide Realty - to change the land use classification of approximately 22 acres of real property generally located at the southeast corner of Gilbert and Pecos Roads from 22 acres of Shopping Center (SC) land use classification to 22 acres of Regional Commercial (RC) land use classification, 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 allow a wider range of commercial uses to be developed on the property; and b) approval of the findings and adoption of an Ordinance Z16-20 - Nationwide Realty - to amend Ordinance No. 2464 to rezone approximately 22 acres of real property within the Planned Area Development (PAD) and generally located at the southeast corner of Gilbert and Pecos Roads from 22 acres of Shopping Center (SC) zoning district with a Planned Area Development overlay zoning district to 22 acres of Regional Commercial (RC) zoning district with a Planned Area Development overlay, as shown on the exhibit, which is available for viewing in the Planning and Development Services Office, subject to the conditions of development set forth in Ordinance No. 2464. The effect of the rezoning will be to allow for a wider range of commercial uses to be developed on the property. 16. GENERAL PLAN GP16-04/ ZONING Z16-14 – conduct hearing and consider:  a) adoption of a Resolution approving a Minor General Plan amendment GP16-04 - Shops at Circle G Corporate Park - to change the land use classification of approximately 38.2 acres of real property generally located at the northwest corner of Power Road and Galveston Street from 38.2 acres Business Park land use classification to 23.4 acres of Business Park and 14.8 acres of Regional Commercial land use classification as depicted 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 commercial development; and b) approval of the findings and adoption of an Ordinance Z16-14 - Shops at Circle G Corporate Park - Request to amend Ordinances No. 1425 and 1644 to remove approximately 38.2 acres of real property generally located at the northwest corner of Power Road and Galveston Street from the Gateway Towne Center Planned Area Development (PAD) and to approve the Development Plan for the Shops at Circle G Planned Area Development overlay zoning district (PAD) and rezone said 38.2 acres of real property from Town of Gilbert Business Park (BP) zoning district with a Planned Area Development overlay zoning district (pursuant to the Gateway Towne Center PAD) to approximately 23.4 acres of Business Park (BP) and 14.8 acres of Regional Commercial (RC) zoning district, all with a Planned Area Development overlay zoning district (the Shops at Circle G PAD), as shown on the map which is available for viewing in the Planning and Development Services Office; The effect of the rezoning will be to allow the real property to be developed subject to the development standards for the Shops at Circle G PAD and to permit commercial development of the property. 17. GENERAL PLAN GP16-05/ ZONING Z16-15 – conduct hearing and consider: a) adoption of a Resolution approving a Minor General Plan amendment - GP16 - to change the land use classification of approximately 20.06 acres of real property generally located at the northwest corner of 172nd Street and Hunt Highway from Residential >0-1 DU/Acre land use classification to Residential >1-2 DU/Acre 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; and b) approval of the findings and adoption of an Ordinance Z16-15 - Request to rezone approximately 20.06 acres of real property generally located at the northwest corner of 172nd Street and Hunt Highway from Maricopa County Limited Multifamily R4 (R4) (Town of Gilbert Multi-Family - Medium (MF-M)) zoning district to Town of Gilbert Single Family- 10 (SF-10) zoning district with a Planned Area Development (PAD) overlay to reduce lot width from 85 feet to 80 feet and reduce street frontage landscape adjacent to an arterial from 20 feet to 15 feet. 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. 18. BOARDS AND COMMISSIONS – consider appointment to the Industrial Development Authority of: a) three regular members with terms beginning March 13, 2017 and ending March 12, 2023; and b) one regular member to complete the remainder of a term ending March 12, 2019. 19. 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) Industrial Development Authority e) Mayor’s Youth Advisory Committee f) Parks and Recreation Board g) Planning Commission h) Redevelopment Commission i) Town of Gilbert, AZ Public Facilities MPC j) Town of Gilbert, AZ Water Resources MPC k) Town of Gilbert, AZ Self-Insured Trust Fund for Health Benefits l) Utility Board 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. RECESS REGULAR MEETING AND RECONVENE IN EXECUTIVE SESSION Pursuant to A.R.S. §38-431.0 (A)(3) and (4) for discussion and consultation for legal advice with Town Attorney regarding development agreement authorized by Resolution No. 2889 (Maricopa County Recorder No. 20080651178) regarding the development of property in the vicinity of Recker and Williams Field Roads. ADJOURN EXECUTIVE SESSION AND RECONVENE REGULAR MEETING 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.