Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL IN REGULAR MEETING OF THURSDAY, MARCH 08, 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 Petersen, Jordan Ray and Jared Taylor COUNCIL ABSENT: None STAFF PRESENT: Town Manager Patrick Banger, Town Clerk Lisa Maxwell, Town Attorney Christopher Payne, Judge John Hudson, Police Chief Michael Soelberg, and Planning Services Manager Linda Edwards AGENDA ITEM CALL TO ORDER Mayor Jenn Daniels called the meeting to order at 6:30 p.m. PRESENTATION OF STUDENT CITIZEN OF THE MONTH AWARD Mayor Jenn Daniels and the Council presented Student Citizen of the Month Awards for February to: Malcom Trivett, Holland Bradshaw, Janet Sanchez, Roxton Whitmore, Cameron Rangel, Rayna Heartquist, Peyton Kuehn, Mia Isaksen, Wyatt Rauch, Mia Chavira, Emma Lehman, Holden McQuillen-Rieffer, Mateea Miller, Aleisha Brown, Joseph Jones, Dylan Smith, Ben Stowell, Emma Carrasco, Eyliana Perez, Yoselin Rodriguez, Taylor Fairservis, Kendall Pechacek, Colton Dobson, Brock Seiber, Addison Lueck, Lillian Blanck, Anthony Adams, Jr., Brandon Lertique, Joshua Smith-Cruz, Daniel Thomas, Jr., Ella Walker, Daniel Gomez, Vishnu Kotta, Melisa Trevizo Sanchez, Matthew Barrera, Madalyn Fredman, Ethan Olsen, Riley Johnson, Matthew Turner, Sophia Mikolajczyk, Bethany Kalscheur, Abigail Tanner, and Abby Bertrandt. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Jared Taylor introduced the scouts in attendance who led the Pledge of Allegiance and introduced themselves. Councilmember Jordan Ray gave the invocation. ROLL CALL Town Clerk Lisa Maxwell called roll and declared a quorum present. 1 PRESENTATIONS; PROCLAMATIONS 1. PROCLAMATION - Proclamation declaring March 2018 as Ending Domestic Violence Responsibly (ENDVR) month. Councilmember Eddie Cook read a proclamation declaring March 2018 as Ending Domestic Violence Responsibly (ENDVR) month, and presented the proclamation to Town of Gilbert’s Domestic Violence team who spoke about their work to end domestic violence. 2. PRESENTATION - Presentation recognizing Water Wise Gilbert communities. Councilmember Victor Petersen gave an overview of the Water Wise Gilbert program. He recognized the 62 sites that earned the Water Wise Gilbert distinction in 2017. 3. RECOGNITION - Recognition of the Blue Line of Love Toy Drive Sponsors. Councilmember Jordan Ray asked Police Chief Michael Soelberg to recognize the sponsors who supported the Blue Line of Love Toy Drive. COMMUNICATIONS FROM CITIZENS None. CONSENT CALENDAR A MOTION was made by Vice Mayor Brigette Peterson, seconded by Councilmember Victor Petersen, to approve Consent Items 4, 4A, 4B, 4C, 4D, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, and 30; and to remove Item 7 from the Consent Calendar. Motion carried 7-0. 4. INTERGOVERNMENTAL AGREEMENT – consider approval of a renewal of Agreement No. 2018-3002-0213 with Maricopa County Department of Emergency Management for FY2019 through FY2023 regional emergency operations management and disaster services and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 4A. INTERGOVERNMENTAL AGREEMENT – consider approval of an amendment to Agreement No. 2018-7010-0233 with City of Mesa and the Town of Queen Creek for the operation and expansion of the Greenfield Reclaimed Water Plant and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 4B. INTERGOVERNMENTAL AGREEMENT – consider approval of Change Order No. 1 of the Town of Gilbert’s proportional cost share payment to Intergovernmental Agreement No. 2004-7010-0078 between the Town of Gilbert and the City of Mesa, and the Town of 2 Queen Creek increasing the contract amount $1,152,000 for the Construction Administration Services Agreement between the City of Mesa and Carollo Engineers for additional construction administration and inspection services related to the Greenfield Wastewater Reclamation Plant Expansion Phase III, Project No. WW075, and associated rehabilitation and repair projects, Project No. WW114, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 4C. INTERGOVERNMENTAL AGREEMENT – consider approval of Change Order No. 1 of Town of Gilbert's cost share payment pursuant to Contract No. 2004-7010-0078 with the City of Mesa and the Town of Queen Creek increasing the contract amount by $38,448,666 for the Construction Manager at Risk Agreement between the City of Mesa and McCarthy Building Companies for construction services related to Guaranteed Maximum Price 2 (GMP2) for the Greenfield Water Reclamation Plant Phase III, Project No. WW075, and associated rehabilitation and repair projects, Project No. WW114, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 4D. DEVELOPMENT AGREEMENT – consider adoption of a Resolution approving an Amended and Restated Development and Disposition Agreement with CBDG Gilbert, LLC, for the sale and development of property located on the northeast corner of Hearne Way and Gilbert Road and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 3959 was adopted. 5. CONTRACT – consider approval of a Cooperative Purchase Agreement No. 2018-5002- 0216 with Ewing Irrigation Products Inc. doing business as (dba) Ewing Irrigation and Landscape Supply utilizing Mohave Arizona Cooperative Purchasing Contract No. 14R- EWING-1212 in an amount not to exceed $172,855.50 to replace irrigation controllers at Freestone Park and Town neighborhood parks, Project No. PR117, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 6. CONTRACT – consider approval of a Cooperative Purchase Agreement No. 2018-2106- 0198 with Shade “N Net Of Arizona, Inc., utilizing Mohave County Cooperative Purchasing Contract No. 16D-SHADE-0401 in an amount not to exceed $172,417.70 for pre- engineered fabric shade structures, Project No. PR092, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 7. CONTRACT – consider approval of Engineering (A/E) Services Contract No. 2018-2106- 3 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. Councilmember Victor Petersen said he is concerned about the cost of this project, stating the money saved could be used to go towards the property tax levy shortfall for this year. Mayor Jenn Daniels stated she was not opposed to exploring other options and clarified that this item is solely responsible for a specific engineering contract. Councilmember Jordan Ray stated he was in favor of not approving the contract until more options were considered. Councilmember Scott Anderson noted further discussion on this item was previously requested and more options should be discussed. Councilmember Jared Taylor requested that the research previously complied by Arizona State University students should be used to help prepare for the discussion. A MOTION was made by Councilmember Jordan Ray, seconded by Vice Mayor Brigette Peterson, to not approve item 7 and direct staff to research other options. Motion carried 7-0. 8. CONTRACT – consider approval of Engineering (A/E) Services Contract No. 2018-2106- 0170 with NFra Inc. in an amount not to exceed $495,196 for Val Vista Drive from Appleby Road to Riggs Road Improvements, Project No. ST112, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 9. CONTRACT – consider approval of Engineering (A/E) Services Contract No. 2018-2106- 0140 with Kimley Horn and Associates, Inc. in an amount not to exceed $599,720 for the Lindsay Road/202 Traffic Interchange Utility Relocation, Project No. ST158, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 10. CONTRACT – consider approval of Engineering (A/E) Services Contract No. 2018-2106- 0204 with Water Works Engineers, LLC in an amount not to exceed $258,440 for the North Water Treatment Plant Chlorine Conversion, Project No. WA055, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 11. CONTRACT – consider approval of: 4  a) Engineering (A/E) Services Contract No. 2018-2106-0185 with Black and Veatch Corporation in an amount not to exceed $283,093 for the design services to improve the North Water Treatment Plant reservoir roof replacement, Project No. WA121, and water quality modifications to the south reservoir, Project No. WA142, and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the Water Fund in the amount of $196,093. This item was approved with the Consent Calendar vote. 12. CONTRACT – consider approval of: a) Professional Services Contract No. 2018-2106-0183 with CH2M Engineers, Inc. in an amount not to exceed $202,920 for the Vulnerability Assessment and Emergency Response Plan, Project No. WA143, and authorize the Mayor to execute the required documents; b) a Contingency Transfer from the Wastewater Contingency Fund in the amount of $110,000; and c) a Contingency Transfer from the Water Contingency Fund in the amount of $110,000. This item was approved with the Consent Calendar vote. 13.CONTRACT – consider approval of Professional Services Contract No. 2018-2106-0182 with Entellus, Inc. in an amount not to exceed $213,489.93 for the professional design services of the Western Canal Sewer realignment and rehabilitation, Project No. WW106, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 14. CONTRACT– consider approval of: a) the guaranteed maximum price (GMP) No. 1 for Construction Manager at Risk (CMAR) Construction Services Contract No. 2018-2106-0197 with Haydon Building Corporation in an amount not to exceed $9,661,650 for Elliot District Park Improvements, Project No. PR125, and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from General Fund Contingency in the amount of $650,000. This item was approved with the Consent Calendar vote. 15. CONTRACT – consider approval of Task Order No. 41 to Job Order Contract (JOC) Contract No. 2017-2106-0411 with CS Construction, Inc. in an amount not to exceed $412,977.90 for the traffic signal on Chandler Heights Road and Seville Boulevard/Shamrock Estates Road, Project No. TS188, and authorize the Mayor to execute the required documents. 5 This item was approved with the Consent Calendar vote. 16.CONTRACT – consider approval of Task Order No. 42 to Job Order Contract (JOC) Contract No. 2017-2106-0411 with CS Construction, Inc. in an amount not to exceed $392,800 for the traffic signal on Higley Road at Crescent Way/Marbella Boulevard, Project No. TS189, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 17.CONTRACT – consider approval of Change Order No. 1 to Cooperative Purchase Agreement No. 2018-4107-0017 with Hills Brothers Chemical Company increasing the contract amount $327,000 for wastewater system odor and corrosion control chemicals and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 18. CHANGE ORDER – consider approval of a) Change Order No. 1 to Contract No. 2017-2106-0423 with CH2M Hill, Inc. increasing the contract amount by $112,456 for the Integrated Water Resources Master Plan Update, Project No. WA119, and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the Water Fund in the amount of $112,460. This item was approved with the Consent Calendar vote. 19.CHANGE ORDER – consider approval of Change Order No. 1 to Contract No. 2017-2106- 0427 with Hazen and Sawyer increasing the contract amount by $81,900 for the Greenfield Reclaimed Water Pump Station Expansion, Project No. WW078, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 20. CHANGE ORDER – consider approval of Change Order No. 3 to Engineering Services Contract No. 2016-7012-0253 with Morrison-Maierle, Inc. increasing the contract amount by $246,274 for Elliot District Park Improvements, Project No. PR125, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 21. CHANGE ORDER – consider approval of Change Order No. 3 to Contract No. 2016- 7008-0109 with Stanley Consultants, Inc. increasing the contract amount by $219,929 for Lindsay Road/202 Traffic Interchange Stage II (30%) Plan preparation, Project No. ST158, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 6 22. BUDGET – consider approval of a Contingency Transfer from the General Fund to Project No. PR114 in the amount of $180,000 to cover litigation expenses for Big League Dreams Gilbert, LLC v. Town of Gilbert, Case No. CV2017-006658. This item was approved with the Consent Calendar vote. 23. FEES – consider adoption and authorize the Mayor to execute the required documents of: a) a Resolution establishing new fees for special events and block parties; and b) a Resolution establishing new fees and reservation policies related to the use of Town Parks, Basins, and outdoor Recreation Facilities. This item was approved with the Consent Calendar vote. Resolution No. 3960 and Resolution No. 3961 were adopted. 24.PROPERTY - consider declaring approximately 36.66 acres of Parcel No. 304-55-011R as surplus property. This item was approved with the Consent Calendar vote. 25. FINAL PLAT S15-08A - consider approval of the final plat for HHB Heights located on the east side of Val Vista Drive between Brooks Farm Road and Chandler Heights Road. This item was approved with the Consent Calendar vote. 26. FINAL PLAT SP1625 - consider approval of the final plat for Circle G Gateway Center located south and west of the southwest corner of Power Road and Ray Road. This item was approved with the Consent Calendar vote. 27. BOARDS AND COMMISSIONS – consider removal of Mark Dobay from the Parks and Recreation Board, effective March 8, 2018. This item was approved with the Consent Calendar vote. 28. TEMPORARY LIQUOR LICENSE - consider approval of an administrative approval process for certain temporary liquor license applications. This item was approved with the Consent Calendar vote. 29. TEMPORARY EXTENSION OF PREMISES – consider approval of a temporary extension of premises for The Art House located at 36 North Gilbert Road for an event to be held on April 14, 2018. 7 This item was approved with the Consent Calendar vote. 30. MINUTES – consider approval of the minutes of the Regular Meetings of February 1, 2018 and February 15, 2018; and the Special Meeting of February 15, 2018. This item was approved with the Consent Calendar vote. PUBLIC HEARING Mayor Jenn Daniels opened the public hearing for items 32 and 33. No one wished to speak and Mayor Jenn Daniels closed the public hearing. A MOTION was made by Vice Mayor Brigette Peterson, seconded by Councilmember Jordan Ray, to approve public hearing items 32 and 33. Motion carried 7-0. 31. LIQUOR LICENSE – conduct hearing and consider approval of a Series 6 Bar Liquor License for The White Rabbit located at 207 North Gilbert Road, Suite 002. Mayor Jenn Daniels opened the public hearing on item 31. Councilmember Jared Taylor stated he was not in support of the item due to the establishment’s proximity to a church and concern from the congregation and neighbors. Councilmember Victor Petersen asked for clarification if the church in the area was currently operable. Mayor Jenn Daniels said she tried to contact the church but was not able to. Councilmember Jared Taylor confirmed the church was in use and said members of the congregation had expressed disapproval. Mayor Jenn Daniels closed the public hearing on item 31. A MOTION was made by Vice Mayor Brigette Peterson, seconded by Councilmember Jordan Ray, to approve item 31. Motion carried 5-2 with Councilmembers Victor Petersen and Jared Taylor casting the dissenting votes. 32. LIQUOR LICENSE – conduct hearing and consider approval of a Series 7 Beer and Wine Liquor License for Four Silos Brewery located at 143 South Higley Road. This item was approved with the Public Hearing Vote. 33. ANNEXATION A17-1003 – conduct hearing on the proposed annexation of approximately 161.04 acres located at the northwest corner of Chandler Heights Road and Val Vista Drive. This item was approved with the Public Hearing Vote. 34. ZONING Z17-1019 – conduct hearing and consider adoption of an Ordinance 8 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. Mayor Jenn Daniels opened the public hearing on item 34. Planning Services Manager Linda Edwards summarized the zoning text amendment including the purpose statement and implementation of design guidelines. She stated the options were to choose between Motion 1: to amend the Land Development Code as recommended by the Planning Commission (which does not include the stakeholder redlines and states “strive to achieve five or more of the methods to meet the Findings”) or Motion 2: to amend the Land Development Code including the stakeholder redlines (this strikes the “strive to achieve five or more note”). David Cavenee, Gilbert resident, identified himself as a member of the Gilbert Planning Commission. He listed two specific projects that were previously approved by Council as Mixed-Use that he said had almost no Mixed-Use elements. He expressed concerns of losing all of the Regional Commercial (RC) property to apartment homes. Councilmember Victor Petersen stated it would be best to keep the document as a tool with broad guidelines versus regulations. Councilmember Jared Taylor stated all language used needs to be clear and not vague. He stated there is a housing shortage in Gilbert and the apartment complexes do provide balance and more affordable housing. He said the needs of the community and property rights need to be respected and stated Motion 1 did not provide clear language. Vice Mayor Brigette Peterson stated that out of 87,000 residential units in the Town of Gilbert, 2.8 percent are Multi-Family (MF). She said the perception is that there are a lot of apartment complexes in Gilbert, but there are not. She voiced her support for Motion 2. Councilmember Eddie Cook expressed support of Motion 2, noting the difficulty of setting a matrix that would be consistent and flexible. Councilmember Scott Anderson stated the best projects in Town have encouraged maximum design flexibility, allowing professional planners to do their job. Mayor Jenn Daniels stated she would prefer to make it more difficult for MF units to be built in Gilbert, especially in RC districts because of loss of opportunities for jobs, but she is sensitive to property rights. She said anything the Town does must be enforceable, noting hesitation with the Planning Commission’s recommendation. She provided an example 9 when a MF project would come before retail and office use, it would be unenforceable and stifling to tell developers they have to integrate a site that has not been fully planned. Mayor Jenn Daniels closed the public hearing on item 34. A MOTION was made by Councilmember Victor Petersen, seconded by Councilmember Jared Taylor, to approve item 34 including the stakeholder redlines (this strikes the “strive to achieve five or more note”). Motion carried 7-0. Ordinance No. 3650 was adopted. ADMINISTRATIVE ITEMS 35. 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 Councilmember Victor Petersen stated For Our City –Gilbert would be working with AZCEND Community Action Program for the next iRun4Good event. Councilmember Jared Taylor stated one goal of the human relations meeting was to strengthen the relationship between the community and First Responders. He reported there would be an upcoming Chilling with a Cop event hosted at Nitro Live Icecreamery. 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. Requested Agenda Items and Projected Meeting Dates: 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) COMMUNICATIONS Report from the TOWN MANAGER on current events. 10 Town Manager Patrick Banger recognized Office of Management and Budget Director Kelly Pfost on her successful execution of the Town’s Financial Retreat. He reported that the Town recently had recognized six employees for embodying the values that the organization holds dear. Lastly, he thanked the female professionals employed by the Town on International Women’s Day for their contributions to the Town. Report from the COUNCIL on current events. None. Report from the MAYOR on current events. Mayor Jenn Daniels highlighted March’s Pillar of the Month - “Respect”. She thanked Sal’s Gilbert Pizza and Nitro Live Icecreamery for their sponsorship of the Student Citizen of the Month awards. She expressed gratitude to Office of Management and Budget Director Kelly Pfost and her team on their tremendous work. She reported that liquor license applications would now be available to view online. ADJOURN Mayor Jenn Daniels adjourned meeting at 8:14 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 8th day of March, 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 11