Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL IN REGULAR MEETING OF THURSDAY, DECEMBER 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, Councilmember Jordan Ray, and Councilmember Jared Taylor COUNCIL ABSENT: None STAFF PRESENT: Town Manager Patrick Banger, Town Clerk Lisa Maxwell, Town Attorney Christopher Payne, Recreation Supervisor Rene’ Carlin, Project Supervisor Ryan Blair, and Benefits Manager Kristen Drew AGENDA ITEM CALL TO ORDER Mayor Jenn Daniels called the meeting to order at 6:31 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Victor Petersen introduced the scouts in attendance who led the Pledge of Allegiance and introduced themselves. Pastor Mike Henry of Royal View Baptist Church gave the invocation. ROLL CALL Town Clerk Lisa Maxwell called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS 1. RECOGNITION - Recognition of the Green Gilbert Art Calendar Contest Winners. Councilmember Jared Taylor recognized the winners of the Green Gilbert Art Calendar Contest. 2. RECOGNITION - Recognition of Gilbert Parks and Recreation Special Events Team for all their work on fall and winter Gilbert sponsored activities. Councilmember Scott Anderson recognized the Gilbert Parks and Recreation Special Events Team for their work on fall and winter Gilbert-sponsored activities. 1 3. RECOGNITION - recognition of Mark Hunyady and Barb O’Fallon for their lifesaving act. Councilmember Eddie Cook recognized Mark Hunyady and Barb O’Fallon for their lifesaving act. Recreation Supervisor Rene’ Carlin read a letter from the family of Mr. Moore who collapsed and suffered a cardiac event at the Freestone Recreation Center and was attended to by Mark Hunyady and Barb O’Fallon until paramedics arrived. COMMUNICATIONS FROM CITIZENS Amy Lozano, Gilbert resident, said she is concerned about the Gilbert noise ordinance that exempts lawn maintenance equipment. Mayor Jenn Daniels noted the Town’s noise ordinance is currently under review and staff would talk with her about this issue. Pat Hickman, Gilbert resident, wanted to give an update on the mosquito problem in the Sonoqui Wash. He noted there had been some improvements with the abatement program. He asked that additional steps be funded next year to ensure the issue is addressed next year. Mayor Jenn Daniels asked Public Works Director Jessica Marlow to discuss this issue with Mr. Hickman. CONSENT CALENDAR A MOTION was made by Vice Mayor Victor Petersen, seconded by Councilmember Brigette Peterson, to approve Consent Items 4, 5, 6, 7, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21; remove Items 8 and 9 from the Consent Calendar; and add Items 28 and 29 to the Consent Calendar; appointing Mark Safsten and Bryan Scienza to the Town of Gilbert, AZ Water Resources Municipal Property Corporation as regular members with terms ending January 11, 2021; and appointing Evgeniya Barabasz-Lynn, David Gotlieb, Sandra Reynolds, Cherie Scott and Jean Smith to the Arts Committee. Motion carried 7-0. 4. AGREEMENT – consider approval of License Agreement No. 2018-5002-0134 with Gilbert Archery, Inc. in the amount of $1 annually for use of Town property for educational and recreational programming related to archery and to share revenues with the Town and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 5. AGREEMENT – consider approval of Land Use License Agreement No. 2018-4108-0144 with Salt River Project (SRP) License to formalize the authorized and prohibited uses, duties, reporting responsibilities and ingress/egress for each well site that Gilbert is connected to and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 6. CONTRACT – consider approval of Broker/Consultant Contract No. 2018-1106-0133 with Willis Towers Watson in an amount not to exceed $65,000 to act as broker/consultant for health and benefits services for FY2019 with an option to renew for four (4) additional one (1) year terms and authorize the Mayor to execute the required documents. 2 This item was approved with the Consent Calendar vote. 7. CONTRACT – consider approval of Broker/Consultant Services Contract No. 2018-1106- 0079 with Marsh USA, Inc. in an amount not to exceed $70,000 for Broker/Consultant Services for Property Casualty and Workers Compensation Insurance for FY2019 with an option to renew for four (4) additional one (1) year terms and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 8. CONTRACT – consider approval of: a) Architectural/Engineering (A/E) Services Contract No. 2018-2106-0106 with Aztec Engineering Group Inc., in an amount not to exceed $64,018.45 for the Phoenix Avenue Pedestrian Mall Project, Project No. RD121, and authorize the Mayor to execute the required documents; and b) Contingency Transfer from the General Fund in the amount of $170,000. Councilmember Scott Anderson inquired about a foundation in that area that may be part of the original foundation, suggesting it could be preserved for historical purposes. Project Supervisor Ryan Blair stated it is part of the railroad property, which may be acquired with the old railroad depot property. He said it was currently not a historical monument and after acquired could be removed in part or in whole. At the request of Councilmember Scott Anderson, he stated they could research the possibility of historical preservation. He cautioned that the foundation is on the opposite side with a wall in between and could not be seen from the north side of the wall in the Heritage District. A MOTION was made by Councilmember Scott Anderson seconded by Councilmember Brigette Peterson, to approve item 9. Motion carried 7-0. 9. CONTRACT – consider approval of Professional Consulting Contract No. 2018-2106-0069 with Kimley Horn and Associates, Inc. in an amount not to exceed $217,878 for the Ocotillo Road Bridge Assessment Project, Project No. ST054, and authorize the Mayor to execute the required documents. Councilmember Eddie Cook stated after reviewing the scope of work, he saw the need to add some language that includes the Parks Department staff. A MOTION was made by Councilmember Eddie Cook, seconded by Councilmember Brigette Peterson, to approve Item No. 9 and adding “a Professional Consulting Agreement with Kimley Horn and Associates for the CIP Project No. ST054, Ocotillo Bridge Assessment Project, as amended to add Parks Department Staff to the required staff for Gilbert for each task in the Agreement’s scope of work.” Motion carried 7-0. 3 10. CONTRACT – consider approval of Construction Manager at Risk (CMAR) Contract No. 2018-2106-0141 with Hunter Contracting Co. in an amount not to exceed $406,392.30 for preconstruction services for the completion of Germann and Lindsay Roads, Projects No. ST117 and No. ST145, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 11. CONTRACT - consider approval of Professional Services Contract No. 2018-2106-0130 with Dibble Engineering in an amount not to exceed $188,605 for Chandler Heights Road Reclaimed Waterline, Project No. WW095, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 12. CONTRACT – consider approval of Professional Services Contract No. 2018-2106-0135 with Wilson Engineers in an amount not to exceed $119,650 for the reclaimed water vault at Recker and Warner Roads, Project No. WW108, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 13. CONTRACT – consider approval of and authorize the Mayor to execute the required documents: a) Construction Manager at Risk (CM@R) Contract No. 2018-2106-0059 with Hunter Contracting Co. for the Heritage District Transportation Improvement Project, Project No. RD211; and b) Guaranteed Maximum Price (GMP) Change Order No. 1 to Construction Manager at Risk (CM@R) Contract No. 2018-2106-0059 with Hunter Contracting Co. increasing the contract amount by $446,902 for installation of wet utilities (Water, Sewer, Storm Drain) in Hearne Way from Gilbert Road to Bricomp Boulevard and in Bricomp Boulevard from Vaughn Avenue to Hearne Way, Project No. RD211. This item was approved with the Consent Calendar vote. 14. CONTRACT – consider approval of Guaranteed Maximum Price (GMP) Change Order No. 2 to Construction Services Contract No. 2018-2106-0117 with Haydon Building Corporation increasing the contract amount by $7,718,146 for the Heritage District Water Line Project, Project No.WA125, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 4 15. CONTRACT – consider approval of and authorize the Mayor to execute the required documents: a) Change Order No. 1 to Contract No. 2017-2106-0561 with Nfra, Inc. increasing the contract amount by $79,743 for the Val Vista Drive Reconstruction Project, Project No. ST169; and b) a Contingency Transfer from the Roadway and Maintenance Fund in the amount of $80,000. This item was approved with the Consent Calendar vote. 16. PARKS - consider adoption of a Resolution to approve a name change from Page Park Center to Heritage Center. This item was approved with the Consent Calendar vote. Resolution No. 3938 was adopted. 17. HUMAN RESOURCES/BUDGET - consider approval of and authorize the Mayor to execute the required documents for; a) a full time employee (FTE) Planner II position in place of a limited term agreement (LTA) Planner II in the Development Services Planning Division; and b) a Contingency Transfer from the General Fund in the amount of $8,800. This item was approved with the Consent Calendar vote. 18. HUMAN RESOURCES - consider approval of Health Plan Documents: Benefit Plan, Schedule of Benefits 1A, and Schedule of Benefits 1B for FY 2018 and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 19. SPECIAL EVENT LIQUOR LICENSE – consider approval of a Special Event Liquor License for the Gilbert Chamber of Commerce Foundation for January 25, 2018 from 6:00 p.m. to 9:30 p.m. located at The Falls Event Center, 4635 East Baseline Road. This item was approved with the Consent Calendar vote. 20. BOARDS AND COMMISSIONS – consider acceptance of the resignation of Philip Marc Barlow from the Redevelopment Commission effective December 1, 2017. This item was approved with the Consent Calendar vote. 21. MINUTES – consider approval of the minutes of the November 2, 2017 Regular Meeting. This item was approved with the Consent Calendar vote. 5 PUBLIC HEARING Mayor Jenn Daniels opened the public hearing for items 22, 23, 24, 25, 26 and 27. 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 22, 23, 24, 25, 26 and 27. Motion carried 7-0. 22. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for Ti Ammo located at 1695 South SanTan Village Parkway. This item was approved with the Public Hearing Vote. 23. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for Fired Pie located at 2224 East Williams Field Road, Suite 112. This item was approved with the Public Hearing Vote. 24. GENERAL PLAN GP17-1011- conduct hearing and consider adoption of a Resolution approving a Minor General Plan amendment to revise the Circulation Element, Circulation Map and Circulation Map Legend related to future and existing collector street locations. The effect of these amendments will be to create an updated Circulation Map that establishes existing and future collector street locations. This item was approved with the Public Hearing Vote. Resolution No. 3939 was adopted. 25. ZONING Z17-1013 - conduct hearing and consider approval of the findings and adoption of an Ordinance to rezone approximately 12.4 acres of real property generally located at the NEC of Coronado Road and Germann Road from Single Family 15 (SF-15) zoning district to Single Family 10 (SF-10) zoning district with a Planned Area Development Overlay zoning district to modify the requirements relating to maximum building height. The effect of the rezoning will be to establish the overall site design and limit maximum building heights to single-story homes. This item was approved with the Public Hearing Vote. Ordinance No. 2633 was adopted. 26. PROPERTY ACQUISITION – conduct hearing and consider adoption of a Resolution approving the acquisition of right-or-way and easement Parcel No. 304-12-972 for the Heritage District Waterline Easement, Project No. WA125. This item was approved with the Public Hearing Vote. Resolution No. 3940 was adopted. 27. CODE OF GILBERT - conduct hearing and consider adoption of an Ordinance amending the Code of Gilbert, Arizona, by amending Chapter 10 Buildings and Construction Regulations, Article VI Public Works, section 10-202 adoption of Town of Gilbert's Public Works and Engineering Standards; the supplement to Maricopa Area Governments (MAG) Uniform 6 Standard details for Public Works Construction; and the supplement to MAG Uniform Standard specifications for Public Works Construction, related to Standards of Public Works Construction. This item was approved with the Public Hearing Vote. Ordinance No. 2634 was adopted. ADMINISTRATIVE ITEMS 28. BOARDS AND COMMISSIONS – consider appointment of two regular members to the Town of Gilbert, AZ Water Resources Municipal Property Corporation with a term beginning January 12, 2018 and ending January 11, 2021. This item was approved with the Consent Calendar vote. Mark Safsten and Bryan Scienza were appointed to the Town of Gilbert, AZ Water Resources Municipal Property Corporation as regular members with terms beginning January 12, 2018 and ending January 11, 2021. 29. BOARDS AND COMMISSIONS – consider appointment of five regular members to an Arts Committee. This item was approved with the Consent Calendar vote. Evgeniya Barabasz-Lynn, David Gotlieb, Sandra Reynolds, Cherie Scott and Jean Smith were appointed to the Arts Committee as regular members with terms beginning December 7, 2017 and ending after the advising is completed on the assigned project, if no other tasks are assigned by Council. 30. COUNCIL ADMINISTRATION - Presentation on the findings of the Mid-Year Update on Benefits, including Health Trust and Gilbert Wellness. Benefits Manager Kristen Drew provided an update on the top priorities that the Benefits Team has been working on. She stated the top four priorities are the Transition to Aetna, Health Fund Status, Retiree Liability, and Gilbert Wellness. Vice Mayor Victor Petersen and Councilmembers Jordan Ray and Jared Taylor congratulated the Gilbert Wellness Team for their efforts and spoke of the benefits of the Teladoc Program. 31. 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 7 Councilmember Scott Anderson encouraged the Councilmembers to speak with the consulting team at Crandall Arambula regarding the Redevelopment Plan for Downtown Gilbert. FUTURE MEETINGS Requested Agenda Items and Projected Meeting Dates: TBD - Policy regarding staff acceptance of gifts. Contact (J. Taylor, S. Anderson, B. Peterson) COMMUNICATIONS Report from the TOWN MANAGER on current events. Town Manager Patrick Banger reported the Town’s Open Data Portal, Alex, was recently launched and showed the portal’s promotional video. He stated the East Valley Driving Under the Influence (DUI) Holiday Task Force had 859 stops resulting in 294 DUI’s, with 33 Gilbert Officers participating. He reported the new lights at the Gilbert Water Tower were turned on and are currently synchronized with four different Christmas songs. He reported the bond refinance saved $21,000,000 in interest savings, achieving an interest rate of 2.123% for the sale. He said the Public Works Department energized the 199th traffic signal this week, with the 200th being energized soon. Lastly he reported that Economic Development Administrator and Heritage District Liaison Amanda Elliott was selected to serve on the Council of the International Downtown Association. Report from the COUNCIL on current events. Councilmember Eddie Cook said he went on a ride-along with Police Chief Michael Soelberg during the East Valley DUI Holiday Task Force. Councilmember Eddie Cook stated the savings with the bond will be a combined total of $43,000,000 since they started bond refinancing. He thanked the Finance and Budget team for their work and strong financial policies. Councilmember Brigette Peterson said the Fire and Rescue Department will have a Meet and Greet with Santa on the morning of Saturday, December 9, 2017. Participants can both meet Santa and sit on a firetruck. Councilmember Jared Taylor stated he was able to attend the Girls Varsity Basketball game at Highland High School. He said Highland High School Coach Miner Webster celebrated his 800th victory that day. Councilmember Scott Anderson reported the dates and times for the Riparian after Dark event. Report from the MAYOR on current events. None. 8 RECESS REGULAR MEETING AND RECONVENE IN EXECUTIVE SESSION A MOTION was made by Councilmember Brigette Peterson, seconded by Vice Mayor Victor Petersen, to recess the Regular Meeting and reconvene in Executive Session pursuant to: a) A.R.S. § 38-431.03(3), (4), and (7) for discussion and consultation for legal advice from the Town Attorney and for discussion and consultation with designated Town representatives concerning Elliot District Park operating model options; and b) A.R.S. § 38-431.03(3), (4), and (7) for discussion and consultation for legal advice from the Town Attorney and discussion and consultation with designated Town representatives concerning the sale of five small parcels located near the following areas: (i) On Val Vista, north of Germann; (ii) Greenfield Road, south of Walnut, (2) two parcels north of Ray Road, west of San Tan Village Parkway; and (iv) Ray Road, near the northwest corner of Ray Road and San Tan Village Parkway. Motion carried 6-0 with Councilmember Jordan Ray not present for the vote. Mayor Jenn Daniels recessed the Regular meeting at 7:24 p.m. ADJOURN EXECUTIVE SESSION AND RECONVENE REGULAR MEETING Mayor Jenn Daniels reconvened the Regular meeting at 7:51 p.m. ADJOURN Mayor Jenn Daniels adjourned the meeting at 7:51 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 December, 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 9