Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL IN REGULAR MEETING OF THURSDAY, SEPTEMBER 07, 2017 AT 6:30 PM, MUNICIPAL CENTER, COUNCIL CHAMBERS, 50 E CIVIC CENTER DRIVE, GILBERT, ARIZONA COUNCIL PRESENT: Mayor Jenn Daniels, Vice Mayor Victor Petersen, Councilmembers Scott Anderson, Eddie Cook, Brigette Peterson, Jordan Ray and Jared Taylor COUNCIL ABSENT: None STAFF PRESENT: Town Manager Patrick Banger, Town Clerk Lisa Maxwell, Interim Town Attorney Andrew McGuire, Transportation Planning Manager Kristen Myers, Police Chief Michael Soelberg, and Community Resources Program Supervisor Melanie Dykstra AGENDA ITEM CALL TO ORDER Mayor Jenn Daniels called the meeting to order at 6:30 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Jordan Ray introduced the scouts in attendance who led the Pledge of Allegiance and introduced themselves. Pastor Eric Jones of Evident Life Church gave the invocation. ROLL CALL Town Clerk Lisa Maxwell called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS 1. PROCLAMATION - Proclamation declaring September as Gilbert Feeding Families and Hunger Action Month. This item was moved to the September 21, 2017 Council meeting. COMMUNICATIONS FROM CITIZENS Max Mousser, Gilbert resident, stated Big League Dreams is a few blocks from his house and he played there regularly. He said he has read the safety reports and would like to know what he and his team members have to do to keep Big League Dreams open. Mayor Jenn Daniels asked Parks and Recreation Director Rod Buchanan to meet with Max after the meeting to discuss options. 1 CONSENT CALENDAR A MOTION was made by Vice Mayor Victor Petersen, seconded by Councilmember Jordan Ray, to approve Consent Items 2, 4, 5, 6, 7, 8, 13, 14, 15, 18, 19, 20, 22, and 23; remove Items 3, 9, 10, 11, 12, 16, 17 and 21 from the Consent Calendar. Motion carried 7-0. 2. INTERGOVERNMENTAL AGREEMENT – consider approval of a renewal of an Intergovernmental Agreement No. 2018-3001-0047 with the Drug Enforcement Administration (DEA) to participate in task force activities and authorize one Gilbert officer to be assigned to the Task Force for a period of not less than two years and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 3. CONTRACT – consider approval of Professional Consulting Services Contract No. 2017- 2106-0650 with Kimley-Horn and Associates, Inc. in an amount not to exceed $565,000 to develop an American with Disabilities Act (ADA) Assessment and Transition Plan for Town facilities, Project No. MF238, and authorize the Mayor to execute the required documents. Councilmember Jared Taylor stated he did not believe this item was a good use of time and money, adding it would only duplicate work and increase risk-exposure. He stated that Item 13 of this meeting would cover these same issues. Councilmember Jordan Ray stated the Town knows it is not in compliance and has not been for up to 20 years. He said the assessment was worth the investment. Interim Town Attorney Andrew McGuire stated as long as the Town is making process with the compliance goal, it would help in defense of a claim. He said once an issue is identified, the Town would be expected to show what steps are being taken to remedy it. Councilmember Eddie Cook asked for an approximation of the amount that would need to be allocated for compliance and an estimate of the delta from the prior plan, as it related to 20 year compliance. Transportation Planning Manager Kristen Myers stated with relation to this portion of the transition plan, the assessment would outline those items that are deficient and need to be brought up to standard. She stated it did not mean that every item included would be a Capital Improvement Plan (CIP) Project. In regards to the delta estimate, she stated it would be hard to determine without an assessment. She stated the report would be a programming tool to assess highest risk items and outline long-term risks. Town Manager Patrick Banger stated the Americans with Disabilities Act would not require immediate compliance, only to have an understanding of all of the right-of-ways and facilities that are out of compliance. He said the Town could be fined for not having an adequate transition plan in place. He noted infrastructure, sidewalks, and intersections could cost millions of dollars, but noted it would be difficult to estimate without having an assessment done. 2 Vice Mayor Victor Petersen stated there would be no way to be completely in compliance. He said the Town already has a plan in place to fix things that are not in compliance. He felt it was best to go forward without an assessment and repair those items along the way. Town Manager Patrick Banger stated the Town is currently out of compliance by not having a plan. He stated the United States Department of Justice has been proactive in looking for cities that do not have a plan in place. Councilmember Eddie Cook asked if there is a need to identify specific items that are out of compliance or if the plan could be more policy-based without detail. Town Manager Patrick Banger stated it is required to list specific items. Mayor Jenn Daniels stated the Town has spent a lot of resources on a long-range infrastructure plan including an inventory, noting the assessment would be a critical piece of that. She said the information would be entered into Geographic Information System (GIS) Mapping and would be useful in coordinating projects in the future. She said this would not be a stagnant document but a living one. A MOTION was made by Councilmember Brigette Peterson, seconded by Councilmember Scott Anderson, to approve Item 3. Motion carried 5-2 with Vice Mayor Victor Petersen and Councilmember Jared Taylor casting the dissenting votes. 4. CONTRACT – consider approval of Cooperative Purchase Agreement No. 2018-4106-0085 with Holbrook Asphalt utilizing the City of Mesa's Cooperative Agreement in an amount not to exceed $110,516.39 for FY2018 HA5 Asphalt Sealcoat Services and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 5. CONTRACT – consider approval of expenditures under Contract No. 2017-1103-0617 with San Tan Ford in an amount not to exceed $164,702 including taxes for the purchase of four (4) vehicles and authorize the Mayor to execute the required documents This item was approved with the Consent Calendar vote. 6. CONTRACT – consider: a) approval of expenditures under Contract No. 2017-1103-0617 with San Tan Ford, Contract No. 2017-1103-0618 with Courtesy Chevrolet, and Contract No. 2016-1103-0056 with Midway Chevrolet in an amount not to exceed $541,395 including taxes for the purchase of twelve (12) police vehicle replacements and four (4) new vehicles and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the General Replacement Fund in the amount of $161,150; and c) a Contingency Transfer from the General Fund in the amount of $60,075. This item was approved with the Consent Calendar vote. 3 7. CONTRACT – consider approval of expenditures under Contract No. 2017-1103-0617 with San Tan Ford and Contract No. 2015-1103-0797 with Midway Chevrolet in an amount not to exceed $241,955 including taxes for the purchase of Five (5) vehicles for Environmental Services and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 8. CONTRACT – consider approval of a Cooperative Purchase Agreement No. 2018-3002- 0077 with LN Curtis and Sons utilizing Public Procurement Agreement Cooperative Agreement No. 00000170 in an amount not to exceed $275,000 annually through FY2020 for the of purchase of Fire Fighting Equipment and related services, materials and/or equipment and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 9. CONTRACT – consider approval of Architectural/Engineering (A/E) Services Contract No. 2018-2106-0063 with NFra Inc. in an amount not to exceed $295,867 to reconstruct the deteriorated asphalt pavement in Stonebridge Lakes Estates subdivision, Project No. ST170, and authorize the Mayor to execute the required documents. This item was approved with the Item 10 vote. 10. CONTRACT – consider approval of Architectural/Engineering (A/E) Services Contract No. 2018-2106-0080 with Kimley Horn and Associates, Inc. in an amount not to exceed $484,990 for the Gilbert Road Reconstruction project, Project No. ST168, and authorize the Mayor to execute the required documents. Vice Mayor Victor Petersen and Councilmember Jared Taylor stated they were not in favor of Items 9 and 10, stating these items should be paid from the General Fund and not with voter- approved bond money or debt. A MOTION was made by Councilmember Jordan Ray, seconded by Councilmember Brigette Peterson, to approve Items 9 and 10. Motion carried 5-2 with Vice Mayor Victor Petersen and Councilmember Jared Taylor casting the dissenting votes. 11. CONTRACT – consider approval of Professional Consulting Contract No. 2018-2106-0069 with Kimley Horn and Associates, Inc. in an amount not to exceed $114,000 for the Ocotillo Road Bridge Assessment Project, Project No. ST054, and authorize the Mayor to execute the required documents. Councilmember Eddie Cook asked if this item could be postponed until after the next Parks and Recreation Board meeting to allow for alternate design options and funding sources to be identified. Councilmember Jordan Ray stated the park is not completely designed and the funding source has not yet been identified, so he was hesitant to move forward on approving this item. There was discussion regarding the timeframe needed for the proposed item to be approved. 4 A MOTION was made by Councilmember Eddie Cook, seconded by Councilmember Brigette Peterson, to continue Item 11 to the October 19, 2017 Council meeting. Motion carried 7-0. 12. CONTRACT – consider approval of Construction Management at Risk (CM@R) Pre- construction Services Contract No. 2017-2106-0635 with Okland Construction Company, Inc. in an amount not to exceed $128,980 to provide the pre-construction services for Heritage District Parking Structure II, Project No. RD120, and authorize the Mayor to execute the required documents. Vice Mayor Victor Petersen said he was not in favor of the item, stating “growth should pay for growth” and the project does not directly meet that standard. A MOTION was made by Councilmember Brigette Peterson, seconded by Councilmember Jordan Ray, to approve Item 12. Motion carried 5-2 with Vice Mayor Victor Petersen and Councilmember Jared Taylor casting the dissenting votes. 13. CONTRACT – consider approval of Task Order No. 79 to Job Order Contract (JOC) No. 2014-4106-0291 with Talis Construction in an amount not to exceed $800,000 for FY2018 minor concrete repairs and mandated Americans with Disabilities Act (ADA) upgrades, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 14. CONTRACT – consider approval and authorize the Mayor to execute the required documents for: a) Task Order No. 2 to Job Order Contract No. 2017-2106-0666 with MGC Contractors in an amount not to exceed $169,736.54 for the modified drilling casing methods for Alternative Recovery Well R-5, Project No. WW100; and b) a Contingency Transfer from the Wastewater Fund in the amount of $210,000. This item was approved with the Consent Calendar vote. 15. CONTRACT – consider approval of Task Order No. 24 to Job Order Contract (JOC) No. 2017-2106-0411 with CS Construction, Inc. in an amount not to exceed $998,085 for the Neighborhood Streetlight Rehabilitation Project, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 16. GRANT – consider: a) application and acceptance of a grant, Contract No. 2018-3001-0087, from the Governor’s Office of Highway Safety (GOHS) in an amount not to exceed $325,000 for overtime expenses for traffic enforcement, education, and Driving Under Influence (DUI) enforcement; and 5 b) a Contingency Transfer from the General Fund in the amount of $325,000. This item was approved with the Item 17 vote. 17. GRANT – consider: a) application and acceptance of a grant, Contract No. 2018-3001-0078 from the 2017 Justice Assistance Grant (JAG) in an amount not to exceed $16,195 to supplement funds for the purchase of two (2) TruNarc handheld narcotics analyzers with the remaining balance of $42,883.40 coming from RICO (Racketeer Influenced and Corrupt Organizations Act) funding and authorize the Mayor to execute the required documents; and b) authorize a Contingency Transfer from the General Fund in the amount of $16,195. Councilmember Jared Taylor stated he requested more information in the past regarding grant applications, specifically stating the highway gas tax money should be called out in supporting documentation provided in the meeting packet. Town Manager Patrick Banger stated if the source of funding is known, it is listed. Police Chief Michael Soelberg stated he did not have that specific information, but stated that 97% of the GOHS money comes from federal funds and the other 3% comes from DUI revenue. There was discussion regarding why these funds were not a part of the normal Police Department budget. Police Chief Michael Soelberg stated funding comes from various state and federal programs that have been consistently available at varying levels based on productivity. He stated the programs lend themselves to the primary goal of making the community safe through increased enforcement and education and have not required Town-operating funds. A MOTION was made by Councilmember Brigette Peterson, seconded by Councilmember Scott Anderson, to approve Items 16 and 17. Motion carried 5-2 with Vice Mayor Victor Petersen and Councilmember Jared Taylor casting the dissenting votes. 18. GRANT – consider: a) adoption of a Resolution supporting the acceptance of a grant, Contract No. 2017-5003-0601, from the 2017 Gila River Indian Community to Gilbert Parks and Recreation Foundation in the amount of $20,000 and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the General Fund in the amount of $20,000. This item was approved with the Consent Calendar vote. Resolution No. 3920 was adopted. 19. PERMIT – consider approval of: a) participation in the Grand Canyon State Logo Signs Program; and 6 b) a special permit for the Arizona Department of Transportation (ADOT) to install and maintain Pathfinder Signs within the Town's right of way. Kathy Tilque, Gilbert resident, was in favor of this item but did not wish to speak. This item was approved with the Consent Calendar vote. 20. FINAL PLAT S09-02 - consider approval of the final plat for Adora Trails - Parcel 16 located south and west of the intersection of Riggs Road and Adora Boulevard. This item was approved with the Consent Calendar vote. 21. HUMAN RESOURCES – consider adoption of a Resolution amending Rule 1.5 of the Town of Gilbert Personnel Rules regarding Ethics to address the acceptance of gifts and meals by Town employees with an effective date of September 7, 2017. Vice Mayor Victor Petersen stated he believed the per diem threshold was too high. Mayor Jenn Daniels stated the amount was set to be consistent with both the Town Council ethics policy and the State of Arizona policy. Councilmember Jared Taylor requested a discussion regarding prohibition on any gifts of any magnitude received within six months prior to a negotiation or Request for Proposal (RFP). Mayor Jenn Daniels asked that it be written as a future agenda item. Interim Town Attorney Andrew McGuire agreed it should be reviewed as a separate item. A MOTION was made by Councilmember Brigette Peterson, seconded by Councilmember Jared Taylor, to approve Item 21. Motion carried 7-0. Resolution No. 3921 was adopted. 22. SPECIAL EVENT LIQUOR LICENSE – consider approval of a Special Event Liquor License for Gilbert Parks and Recreation Foundation for October 21, 2017 from 5:00 PM to 10:00 PM located at 50 East Civic Center Drive. This item was approved with the Consent Calendar vote. 23. MINUTES – consider approval of the minutes of the Regular Meeting of August 3, 2017. This item was approved with the Consent Calendar vote. PUBLIC HEARING Mayor Jenn Daniels opened the public hearing for Items 24 and 25. No one wished to speak and Mayor Jenn Daniels closed the public hearing. A MOTION was made by Councilmember Brigette Peterson, seconded by Vice Mayor Victor Petersen, to approve public hearing Items 24 and 25. Motion carried 7-0. 7 24. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for Arizona BBQ Company located at 1534 East Ray Road, Suite 110. This item was approved with the Public Hearing Vote. 25. ZONING Z17-1008 - conduct hearing and consider adoption of an Ordinance amending the Zoning Code of Gilbert, Arizona, Chapter I Zoning Regulations, Division 5 Administration, Article 5.7 Amendments to Zoning Code Text, a Zoning Ordinance or the Official Zoning Map, Section 5.703(H) Protest Procedures related to the procedures to protest a proposed zoning amendment. Kathy Tilque, Gilbert resident, was in favor of this item but did not wish to speak. This item was approved with the Public Hearing Vote. Ordinance No. 2625 was adopted. ADMINISTRATIVE ITEMS 26. PRESENTATION - Presentation on the findings of the National Citizen Survey 2017. Community Resources Program Supervisor Melanie Dykstra presented the results of the National Citizen Survey 2017. She highlighted areas of measurements, comparisons over other cities nationally, and trends over time. She stated 1,500 Gilbert residents were solicited in the three subject areas of Community Characteristics, Governance, and Participation. She reported Gilbert scored “much higher” for overall image/reputation and as a place to raise children as benchmarked against 15 peer communities. She stated Gilbert achieved 30 Top Ten rankings in the National Citizen Survey Database and 30 No. 1 rankings against peer communities. 27. 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 Councilmember Brigette Peterson reported that September is Hunger Action Month. She stated Gilbert Feeding Families will be hosting a community food drive throughout the month and will be accepting money and food donations for the United Food Bank. 8 Councilmember Scott Anderson reported that a consultant has been selected to do the redevelopment master plan for the downtown area. FUTURE MEETINGS Requested Agenda Items and Projected Meeting Dates September 21, 2017 - Policy on undergrounding 12 kV power lines. Contact: Kyle Mieras (J. Daniels, V. Petersen, J. Ray) September 21, 2017 - Gift Policy for Staff - discuss applying the same gift policy for Council to Town Staff and Contractors/Consultants. Contact: Jolean Fleck (J. Taylor, S. Anderson, B. Peterson) October 19, 2017 - Strategy on Tourism. Contact: Dan Henderson (J. Daniels, V. Petersen, J. Ray) Spring Retreat - New Execution Funding Policy. Contact: Kelly Pfost (E. Cook, V. Petersen, J. Daniels) Spring Retreat - Park Funding Policy. Contact: Rod Buchanan (E. Cook, J. Taylor, S. Anderson) TBD - Code of Civility. Contact: ____ (E. Cook, J. Ray, J. Daniels) COMMUNICATIONS Report from the TOWN MANAGER on current events. Manager Patrick Banger announced the SPARK App League is open for applications. He stated this year’s competition will have the winning apps used by the Smithsonian Institution. He reported that the Public Relations Society of America presented a Copper Anvil Award to the Town’s Economic Development Department for their annual report and another Copper Anvil Award to the Digital Communications team in the category of Integrated Communications. Report from the COUNCIL on current events. Vice Mayor Victor Petersen announced the Faith Group Summit will be next Thursday, September 14, 2017, and welcomed all faith groups in Gilbert to attend. Councilmember Eddie Cook announced that donations received from the Town’s backpack drive were given to children in the San Carlos Apache Indian Community. Councilmember Jared Taylor reported the Constitution Fair will be on September 16, 2017 at the Gilbert Municipal Center. He stated Scout Night will be on September 13, 2017 and September 20, 2017. 9 Report from the MAYOR on current events. None. RECESS REGULAR MEETING AND RECONVENE IN EXECUTIVE SESSION A MOTION was made by Councilmember Jordan Ray, seconded by Vice Mayor Victor Petersen, to recess the Regular Meeting and reconvene in Executive Session pursuant to A.R.S. §§ 38-431.03(A)(3) and (4) for legal advice from Town Attorney and for discussion and consultation with the Town Attorney regarding the Council's position related to the Cooley Center Amended and Restated Development Agreement for the development of property in the vicinity of Recker and Williams Field Roads. Motion carried 7-0. Mayor Jenn Daniels recessed the meeting at 7:46 p.m. ADJOURN EXECUTIVE SESSION AND RECONVENE REGULAR MEETING Mayor Jenn Daniels reconvened the Regular meeting at 8:08 p.m. ADJOURN Mayor Jenn Daniels adjourned meeting at 8:08 p.m. ATTEST: ___________________________ ___________________________________ Jenn Daniels, Mayor Lisa Maxwell, CMC, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special meeting of the Town Council of the Town of Gilbert held on the 7th day of September, 2017. I further certify that the meeting was duly called and held and that a quorum was present. Dated this ____ day of ____________________. ___________________________________ Lisa Maxwell, CMC, Town Clerk 10