Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL IN REGULAR MEETING OF THURSDAY FEBRUARY 1, 2018 AT 6:30 PM, MUNICIPAL CENTER, COUNCIL CHAMBERS, 50 E CIVIC CENTER DRIVE, GILBERT, ARIZONA COUNCIL PRESENT: Mayor Jenn Daniels, Vice Mayor Brigette Peterson, Councilmembers Scott Anderson, Eddie Cook, Victor Peterson, Jordan Ray and Jared Taylor COUNCIL ABSENT: None STAFF PRESENT: Deputy Town Manager Leah Hubbard Rhineheimer, Town Clerk Lisa Maxwell, Town Attorney Christopher Payne, Judge John Hudson, and Planner Gilbert Olgin AGENDA ITEM CALL TO ORDER Mayor Jenn Daniels called the meeting to order at 6:36 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Eddie Cook introduced a youth in attendance who led the Pledge of Allegiance. Rabbi Shimon Ash of the Chabad of Gilbert Jewish Center gave the invocation. ROLL CALL Town Clerk Lisa Maxwell called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS 1. RECOGNITION - Recognition of Joseph Kacic, Police Lieutenant, for 23 plus years of service to the Town of Gilbert. Councilmember Jordan Ray recognized Police Lieutenant Joseph Kacic for more than 23 years of service to the Town of Gilbert. COMMUNICATIONS FROM CITIZENS Christine Accurso, Gilbert resident, expressed concerns regarding communication and input with the community on projects. She stated there were residents who were unaware of a behavioral health center being built in their neighborhood and a church which had not been consulted regarding an extension of the Heritage District. She asked Council and staff to “readjust the lens and filter everything through the bedrock of our community, which is Gilbert families”. 1 Joseph P. Daniel, Gilbert resident, referenced a study that found Chromium 6 in Maricopa County water. He stated the water is toxic and a new system is needed to filter the water. He expressed concerns regarding electromagnetic frequency and radiation in the area. He said the large amount of cell phone towers will cause tumors, cancer, and depression. CONSENT CALENDAR A MOTION was made by Vice Mayor Brigette Peterson, seconded by Councilmember Jordan Ray, to approve Consent Items 2, 3, 4, 8, 9, 10, 11, 12, 13, and 14; remove Items 5 from the Consent Calendar; remove Consent Items 6 and 7 from the agenda; and add Items 19 and 20 to the Consent Calendar; appointing Boe Bigelow to the Redevelopment Commission as a regular member with a term beginning February 1, 2018 and ending October 31, 2018; and appointing Jennifer Jones to the Industrial Development Authority as a regular member with a term beginning February 1, 2018 and ending march 12, 2023. Motion carried 7-0. 2. ANNEXATION A18-01 – consider adoption of an Ordinance approving the annexation of approximately 0.35 acres located at east of Higley Road and north of Baseline Road contingent upon approval by the Maricopa County Board of Supervisors. This item was approved with the Consent Calendar vote. Ordinance No. 2640 was adopted. 3. AGREEMENT – consider ratifying License Agreements with Haydon Building Corporation for construction trailer, construction staging and subcontractor parking of Haydon Building Corporation on Town property commencing on December 18, 2017 and continuing for a period of nine (9) months with the option of renewing one (1) additional month for the Heritage Waterline District, Project No. WA125, for the following locations: a) License Agreement No. 2018-2106-0167 for parcels 302-19-012D, 302-19-013B, 302- 19-013C, 302-19013D located west of North Oak Circle and West Vaughn Avenue; b) License Agreement No. 2018-2106-0171 for parcels 304-14-907 and 302-14-908 located at the southwest quadrant of the intersection of West Juniper Avenue and North Gilbert Road; and c) License Agreement No. 2018-2106-0172 for parcel no. 304-23-036J located at the southeast quadrant of the intersection of West Elliot Road and South Gilbert Road. This item was approved with the Consent Calendar vote. 4. AGREEMENT – consider approval of Use Agreement No. 2018-5001-0178 with Trout Unlimited - Zane Grey Chapter in the amount of $1 annually paid to the Town of Gilbert for the use of certain Town property for the purposes of providing educational and recreational programming related to fishing and authorize the Mayor to execute the required documents. 2 This item was approved with the Consent Calendar vote. 5. CONTRACT – consider approval of Pre-Construction Services Contract No. 2018-2106- 0161 with Haydon Corporation in an amount not to exceed $160,884 for the Gilbert Road Reconstruction – Baseline Road to north of Guadalupe Road, Project No. ST168, and authorize the Mayor to execute the required documents. Councilmember Victor Petersen stated he was opposed to funding repair and replacement projects with debt, and he was not in favor of the item. A MOTION was made by Vice Mayor Brigette Peterson, seconded by Councilmember Scott Anderson, to approve Item 5. Motion carried 4-3, with Councilmembers Victor Petersen, Jordan Ray, and Jared Taylor casting the dissenting votes. 6. CONTRACT – consider approval of Engineering (A/E) Services Contract No. 2018-2106- 0138 with M3 Engineering & Technology in an amount not to exceed $137,316 for the Southeast Regional Library Water Feature, Project No. PR111, and authorize the Mayor to execute the required documents. Removed from agenda. 7. CONTRACT – consider approval of Task Order No. 33 to Job Order Contract (JOC) Contract No. 2017-2106-0411 with CS Construction Inc. in an amount not to exceed $364,705 for installation of new Advanced Detection Video Camera Systems at nine (9) signalized intersections, Project No. TS174, and authorize the Mayor to execute the required documents. Removed from agenda. 8. ABANDONMENT - consider adoption of a Resolution of abandonment of a portion of the Hearne Way right-of-way and public utility easements located east of Hearne Way and within neighboring properties in the Hearne Addition subdivision, Project No. RD120. This item was approved with the Consent Calendar vote. Resolution No. 3950 was adopted. 9. SPECIAL EVENT LIQUOR LICENSE – consider ratifying approval of a Special Event Liquor License by the Mayor for Black Hawk Band Boosters for January 12, 2018 5:00 p.m. to January 13, 2018 1:00 a.m. located at Life Community Center, 717 West Ray Road. This item was approved with the Consent Calendar vote. 10.SPECIAL EVENT LIQUOR LICENSE – consider ratifying approval of a Special Event Liquor License by the Mayor for House of Refuge for February 24, 2018 5:00 p.m. to February 25, 2018 to 1:00 a.m. located at the Falls Event Center, 4635 East Baseline Road. 3 This item was approved with the Consent Calendar vote. 11.SPECIAL EVENT LIQUOR LICENSE – consider approval of a Special Event Liquor License for Gilbert Parks and Recreation Foundation for February 16, 2018 through February 18, 2018 from 10:00 a.m. to 5:00 p.m. located at 50 East Civic Center Drive. This item was approved with the Consent Calendar vote. 12.LIQUOR LICENSE – consider approval of a Series 16D Craft Distillery Festival/Fair Liquor License for Desert Diamond Distillery Inc. for February 16, 2018 through February 18, 2018 from 10:00 a.m. to 5:00 p.m. located at 50 East Civic Center Drive. This item was approved with the Consent Calendar vote. 13.LIQUOR LICENSE – consider approval of a Series 16W Wine Festival/Wine Fair Liquor License for Cellar 433 for February 16 through February 18 from 9:00 a.m. to 5:00 p.m. located at 50 East Civic Center Drive. This item was approved with the Consent Calendar vote. 14.MINUTES – consider approval of the minutes of Special Meeting of December 14, 2017 and December 21, 2017 and the Regular Meeting of December 21, 2017. This item was approved with the Consent Calendar vote. PUBLIC HEARING Mayor Jenn Daniels opened the public hearing for Items 16 and 17. No one wished to speak and Mayor Jenn Daniels closed the public hearing for Items 16 and 17. A MOTION was made by Councilmember Victor Petersen, seconded by Councilmember Jared Taylor, to approve public hearing Items 16 and 17. Motion carried 7-0. 15.GENERAL PLAN GP17-1010/ ZONING Z17-1018 – conduct hearing and consider: a) adoption of a Resolution approving a Minor General Plan amendment to Lacy Tract to change the land use classification of approximately 1.36 acres of real property generally located at the northwest corner of Washington Avenue and Gilbert Road from Residential > 5-8 DU/Acre land use classification to Village Center (VC) land use classification. The effect of this amendment will be to change the plan of development for the property to allow for commercial and residential development; and b) approval of the findings and adoption of an Ordinance to rezone approximately 1.36 acres of real property generally located at the northwest corner of Washington Avenue and Gilbert Road from approximately 1.36 acres of Single Family Residential-6 (SF-6) to approximately 1.36 acres of Heritage Village Center (HVC) zoning district. The effect of the rezoning would be to allow commercial development of the property. 4 Mayor Jenn Daniels opened the public hearing for Item 15. Planner Gilbert Olgin provided a presentation of the two applications - a land use classification change and a Findings of Fact with Ordinance for the Lacy Tract. He summarized the zoning classification changes, and spoke of the desirable uses in the Heritage District. He stated a development agreement could be made to protect the residents in the area. Father Michael Bezruchka, Gilbert resident, stated he had participated in recent public and stakeholder meetings and spoke in favor of the project. He identified himself as the pastor of St. Thomas the Apostle Byzantine Church near the site. He said he approved of the direction of the project thus far, stating the proposed parking structure and possible locally-owned neighborhood grocery store would benefit the area. Councilmember Scott Anderson stated he had been attending the public meetings as well and has been impressed with the public participation. He had heard specific concerns regarding traffic, and he requested a full traffic analysis be commenced. Councilmember Victor Petersen stated that the public will continue to have a say, as this land is publically owned. Councilmember Eddie Cook stated the public process allows the Town to have dream and vision, as it provides for opportunities like a grocery store in walking distance for residents. He said a parking structure and grocery store would be great ideas. Mayor Jenn Daniels stated that the quantity of emails in the past week regarding the Heritage District had brought many things to the surface, but cautioned to be aware that there may be misinformation going around. She stated a final document will be available at some point, and there will be many opportunities for public information and input. Mayor Jenn Daniels closed the public hearing for Item 15. A motion was made by Councilmember Eddie Cook, seconded by Councilmember Jordan Ray, to approve Item 15. Motion carried 7-0. Resolution No. 3951 and Ordinance No. 2641 were adopted. 16.GENERAL PLAN GP17-1012/ ZONING Z17-1020 – conduct hearing and consider: a) adoption of a Resolution approving a Minor General Plan amendment to Greenfield Ranch to change the land use classifications of approximately 33.5 acres of real property generally located at the northeast corner of Greenfield and Queen Creek Roads from 20 acres of Community Commercial and 13.5 acres of Neighborhood Office land use classifications to 33.5 acres of Residential >1-2 land use classification; and b) approval of the findings and adoption of an Ordinance to rezone approximately 33.5 acres of real property generally located at the northeast corner of Greenfield and Queen 5 Creek Roads from 20.0 acres of Community Commercial (CC) and 13.5 acres of Town of Gilbert Neighborhood Office (NO) to 7.11 acres Single Family - 15 (SF-15) and 26.35 acres of Single Family - 10 (SF-10) zoning districts, all with a Planned Area Development overlay zoning district. This item was approved with the Public Hearing Vote. Resolution No. 3952 and Ordinance No. 2642 were adopted. 17.ZONING Z16-07: conduct hearing and consider adoption of an Ordinance amending the Town of Gilbert Land Development Code, Chapter I Zoning Regulations, Division 4 General Regulations, Article 4.7 Wireless Communication Facilities, Sections 4.701 through 4.706, Article 5.6 Design Review, Section 5.602 Procedures and Responsibility, Chapter II Design Standards and Guidelines and the Glossary of General Terms, related to Wireless Communication Facilities and the development regulations that govern them. The effect of the amendment will be to expand the allowable types of Wireless Communication Facilities, to re-organize and simplify the tables and code language that govern them, to develop reasonable design standards, and to assign required application processes based on facility type. This item was approved with the Public Hearing Vote. Ordinance No. 2643 was adopted. 18.ZONING Z17-1019 - conduct hearing and consider adoption of an Ordinance amending the Town of Gilbert Land Development Code, Chapter II Design Standards and Guidelines related to design guidelines for integrating Multi-Family (MF) uses in Regional Commercial (RC) zoning districts, and by amending the Glossary of General Terms, related to the definitions associated with integrating Multi-Family (MF) uses in Regional Commercial (RC) zoning districts. The effect of the amendments will be to adopt reasonable design standards and methods to achieve the required use permit Findings for a Multi-Family (MF) uses in a Regional Commercial (RC) zoning districts and to clarify the definitions of associated with Mixed-Use Development. A motion was made by Mayor Jenn Daniels, seconded by Councilmember Jordan Ray, to continue Item 18 to the March 8, 2018. Motion carried 7-0. ADMINISTRATIVE ITEMS 19.BOARDS AND COMMISSIONS – consider appointment of one regular member to the Redevelopment Commission to complete the remainder of a term beginning February 1, 2018 and ending October 31, 2018. This item was approved with the Consent Calendar vote. Boe Bigelow was appointed to the Redevelopment Commission with a term beginning February 1, 2018 and ending October 31, 2018. 20.BOARDS AND COMMISSIONS – consider appointment of one regular member to the Industrial Development Authority to complete the remainder of a term beginning February 1, 2018 and ending March 12, 2023. 6 This item was approved with the Consent Calendar vote. Jennifer Jones was appointed to the Industrial Development Authority with a term beginning February 1, 2018 and ending March 12, 2023. 20A. LAND SALE – consider approval of the acceptance of the bid of the successful bidder by lot for Town property, Parcel No. 304-53-131C, which contains 0.886 acres and is located near the northeast corner of Val Vista and Germann roads. Town Attorney Christopher Payne gave a summary of the item, stating the Town had offered parcels for bid. After public notice, two bids for Parcel No. 304-53-131C were received for the exact same amount of $501,000. According to Town Code, if two or more bids are the same total amount, the Council shall determine the successful bidder by lot. A coin toss would determine who would be the successful bidder for Parcel No. 304-53-131C between the Lu Living Trust and Verde Building Corporation. Judge John Hudson performed the coin toss, stating “heads” would represent Verde Building Corporation and “tails” would represent the Lu Living Trust. A representative of each group witnessed the coin toss, which landed on “heads” meaning Verde Building Corporation was the successful bidder. A MOTION was made by Councilmember Jared Taylor, seconded by Vice Mayor Brigette Peterson, to approve Item 20A, naming Verde Building Corporation as the successful bidder. Motion carried 7-0. 21.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) Ad Hoc d) Regional Meetings e) Industrial Development Authority f) Mayor’s Youth Advisory Committee g) Parks and Recreation Board h) Planning Commission i) Redevelopment Commission j) Town of Gilbert, AZ Public Facilities MPC k) Town of Gilbert, AZ Water Resources MPC l) Town of Gilbert, AZ Self-Insured Trust Fund for Health Benefits m) Utility Board FUTURE MEETINGS March - May 2018 - Adjust Mayor and Council compensation to levels existing prior to the change to the Town Code that provided for automatic increases to the compensation for the Mayor and Council. Contact: Christopher Payne (J. Taylor, V. Petersen, E. Cook) 7 COMMUNICATIONS Report from the TOWN MANAGER on current events. Deputy Town Manager Leah Hubbard Rhineheimer reported that Streets Maintenance Technician Kim Rowley retired after 15 years with the Town. She stated he had crack- sealed approximately 22,500,000 square yards of Gilbert roads, and she thanked him for his service. She recognized Police Lieutenant Joseph Kacic for his 23 years of service, and stated the Gilbert Police Department would be recruiting at the Farmers Market over the weekend. She reported that the Gilbert Fire Department, Engines 257 and 254, recently responded to a fire on the border of Gilbert and Chandler. She said they safely recovered a two-year old child from her home unharmed. She reported the Town participated in the Regional Unity Walk again this year with other east-valley cities. Lastly, she stated the 2018 Digital State of the Town had 400 attendees at its theater debut and had 18,700 online views since. She encouraged the community to continue to view and share the video. Report from the COUNCIL on current events. None. Report from the MAYOR on current events. Mayor Jenn Daniels recognized Chief Digital Officer Dana Berchman and her team for being recognized by the Smart Cities Dive and receiving a 2017 Dive Award for meeting residents online needs. She also acknowledged the success of the Gilbert 311 system, thanked staff, and encouraged residents to use the application to report issues. ADJOURN Mayor Jenn Daniels adjourned meeting at 7:23 p.m. ATTEST: ___________________________ ___________________________________ Jenn Daniels, Mayor Lisa Maxwell, CMC, Town Clerk 8 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 1ST day of February, 2018. 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