Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF THURSDAY, APRIL 05, 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, and Economic Development Director Dan Henderson AGENDA ITEM CALL TO ORDER Mayor Jenn Daniels called the meeting to order at 6:34 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Victor Petersen introduced a member of the Leading Edge Academy Girls Basketball Team who led the Pledge of Allegiance and introduced herself. Father Dan Vanyo of St. Anne Roman Catholic Parish gave the invocation. ROLL CALL Town Clerk Lisa Maxwell called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS 1. PROCLAMATION - Proclamation declaring April 27, 2018 as Gilbert Arbor Day. Councilmember Eddie Cook read a proclamation declaring April 27, 2018 as Gilbert Arbor Day and presented the proclamation to Les Presmyk, Chair of the Parks and Recreation Board. 2. PROCLAMATION - Proclamation declaring April 2018 as Fair Housing Month. This proclamation was presented prior to this meeting. 3. PROCLAMATION - Proclamation declaring April 15 - 22, 2018 as National Volunteer Week. 1 Vice Mayor Brigette Peterson read a proclamation declaring April 15-22, 2018 as National Volunteer Week and presented the proclamation to Board and Commission members in attendance. 4. RECOGNITION - Recognition of Leading Edge Academy Girls Basketball Team for winning the AIA 2A state championship. Councilmember Jordan Ray recognized the Leading Edge Academy Girls Basketball Team for winning the Arizona Interscholastic Association 2A State Championship. The coaches and team members introduced themselves. COMMUNICATIONS FROM CITIZENS Joe Geusic, Gilbert resident, spoke about transparency in total compensation including pay, per diem, and mileage. He challenged those in both the public and private sectors to evaluate total compensation and ensure there are fair wages for a fair day’s effort. CONSENT CALENDAR A MOTION was made by Vice Mayor Brigette Peterson, seconded by Councilmember Scott Anderson, to approve Consent Items 5, 6, 7, 9, 11, 12, 14, 15, 16, and 17; and remove Items 6A, 8, 10 and 13 from the Consent Calendar. Motion carried 7-0. 5. AGREEMENT – consider approval of Wireless Communications Site License Agreement No. 2018-1105-0249 with T-Mobile West, LLC for the right to use an existing cellular site of approximately 400 square feet of Town-owned property located at 3630 East Germann Road, Fire Station No. 5, for a period of five (5) years with the option to renew five (5) times for a period of five (5) years each with the Town receiving $22,000 for the period of occupancy prior to this license and $500 per month thereafter and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 6. AGREEMENT – consider approval of amendment to Lease Agreement No. 2016- 3002-0124 with American Medical Response (AMR) of Maricopa, LLC for the placement of ambulances and crews in stations that best meet the emergency transportation needs of the community and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 6A. AGREEMENT –consider approval of Lease Agreement No. 2018-2105-0251 with Park University for the operation of a four-year liberal arts university in the University Building located at 92 West Vaughn Avenue for a term of three (3) years with the option to renew for two (2) additional three (3) year terms in the amount of $799,128 over the three (3) year term with a security deposit of $26,027.50 due upon execution of the lease and authorize the Mayor to execute the required documents. 2 Councilmember Victor Petersen expressed appreciation to staff for their efforts with trying to find the best use for the University Building. He said though it was a “fair market value lease”, it would be in the Town’s best interest to sell the facility as quickly as possible. He stated though he appreciated the provision for the Town to sell the building within the term of the lease, but hoped tenant rights would not deter a potential buyer. Councilmember Jared Taylor stated though there could be more cost-recovery with the facility, he would be supporting the item. He said getting something from this facility was better than nothing, and he did approve of what Park University would offer. Councilmember Eddie Cook expressed excitement for the new start, stating there was potential for growth with Park University. Christine Accurso, Gilbert resident, stated as a taxpayer she would like to see the building sold as soon as possible. She asked Council to have great caution and better vet in the future regarding public and private partnerships. A MOTION was made by Vice Mayor Brigette Peterson, seconded by Councilmember Eddie Cook, to approve Item 6A. Motion carried 7-0. Mayor Jenn Daniels read a statement from the President of Park University and said the Town was proud to offer additional educational opportunities in Gilbert. 7. CONTRACT– consider approval of the Guaranteed Maximum Price (GMP) No. 1 Construction Manager at Risk (CMAR) Construction Services Contract No. 2017-2106- 0223 with Felix Construction, Inc. in an amount not to exceed $3,085,568 for the Ray - Recker Direct Well System, Project No. WA071, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 8. CONTRACT – consider approval of expenditures under Cooperative Purchasing Agreement Contract No. 2017-1105-0454 with Sentinel Technologies, Inc. in an amount not to exceed $97,794 to provide network equipment and services at the University Building for future tenant occupancy and authorize the Mayor to execute the required documents. Councilmember Eddie Cook stated Saint Xavier University (SXU) provided some of the infrastructure when they occupied the facility, including Information Technology (IT) gear and air conditioning. When SXU vacated the building, the Town had continued using some of that equipment and paid a fee to do so. He said this contract would allow the Town to return the gear back to SXU and purchase new equipment that would be used solely for Town purposes, not used by the tenants. Councilmember Jared Taylor asked how the Town would maintain the equipment, support the infrastructure that is owned by the Town, and partner for any supplementary 3 needs with the university. He asked if additional staff headcount would be needed. Councilmember Eddie Cook stated that once the IT gear was set up, it would be managed remotely through “the Cloud” (Cloud Computing Technology). Town Manager Patrick Banger stated the base level equipment would be provided, but all responsibility for maintenance of any of the IT equipment and software in the building would be the responsibility of the individual tenants. A MOTION was made by Councilmember Eddie Cook, seconded by Councilmember Scott Anderson, to approve Item 8. Motion carried 7-0. 9. CONTRACT – consider: a) approval of expenditures under Cooperative Purchase Agreement No. 2017-1103-0617 with San Tan Ford in an amount not to exceed $323,043 including taxes for the purchase of seven (7) vehicles including up-fit of radios/computers and authorize the Mayor to execute the required documents; b) a Contingency Transfer from the General Fund in the amount of $375,450; and c) a Contingency Transfer from the General Replacement Fund in the amount of $26,240. This item was approved with the Consent Calendar vote. 10.GRANT – consider application and acceptance of an Assistance to Firefighters Grant, Contract No. 2018-3002-0240, from Federal Emergency Management Agency (FEMA) in the amount of $43,394 for incident command training. Councilmember Victor Peterson stated though he was in support of training and resources for firefighters, he was not in support of the funding source. A MOTION was made by Councilmember Eddie Cook, seconded by Councilmember Brigette Peterson, to approve Item 10. Motion carried 5-2 with Councilmembers Victor Petersen and Jared Taylor casting the dissenting votes. 11.HUMAN RESOURCES – consider approval of: a) the Town's medical and dental plan premiums for FY2019; b) removal of the Legacy plan option; and c) changes to plan design of the Preferred and Banner Select Plans. This item was approved with the Consent Calendar vote. 12.PUBLIC SAFETY – consider adoption of a Resolution authorizing the Town Manager to 4 designate an agent to execute applications on behalf of the Town of Gilbert with the Arizona Department of Emergency and Military Affairs (DEMA) State and the Federal Emergency Management Agency (FEMA) during times of catastrophic emergency or disaster for the purposes of State and Federal Emergency Management Assistance. This item was approved with the Consent Calendar vote. Resolution No. 3962 was adopted. 13.BUDGET - consider adoption of a Resolution setting the compensation for the office of Mayor and Councilmember to the amounts specified by Council, to be effective at beginning of the term of office for Councilmembers elected during Town elections to be held in 2018. Christine Accurso, Gilbert resident, said she wished to affirm comments previously made by Councilmember Jared Taylor regarding Council compensation. She said she appreciated the time and energy spent by Council. Councilmember Jared Taylor stated his position as an elected official was a matter of service, not a job, and said only expenses should be covered. He said he was not aware of the previous action made by Council in 2007, and he was in support of detaching from the automatic raise for councilmembers. Councilmember Jordan Ray stated each councilmember spends different amounts of time working, but he believed that every councilmember loses money by being on Council. He said the job of Mayor is more than a part-time position. He said he was in support of moving the Council pay back to $21,012 per year and leaving the Mayor’s pay as-is. Councilmember Victor Petersen stated a councilmember can do a decent job working part- time for Council; however, he did not feel that a mayor can have a full-time job and do a decent job as a mayor. He stated from a point of practicality, he believed it was decent to have a mayor’s salary be twice as much as a councilmember. Councilmember Eddie Cook stated the pay of a mayor should be adjusted, as it was important to the future. He said he agreed that if the position of Mayor of Gilbert was not already a full-time job, it would become one as Gilbert continues to grow. Vice Mayor Brigette Peterson stated she supported the item. She said many of the councilmembers do lose money to be in the position, and councilmembers do not run for the office for the pay. She spoke of the many hours of work councilmembers put in. Councilmember Scott Anderson stated he was happy to be on Council and to serve. Councilmember Jared Taylor stated he appreciated the respectful nature that Council had approached the item, but he cautioned against positions of power and profit. He stated he would not be supporting the item but respected the opinions of others. 5 Councilmember Victor Petersen stated though he also had concerns with positions of profit and power, he would not like to make it impossible for people who have to support a family or others to serve on Council. Mayor Jenn Daniels stated that even under the current ordinance, Council cannot raise their own pay during their own cycle. She agreed that power and money together was a dangerous combination, but stated none of the current councilmembers were serving when the ordinance that allowed for automatic raises was approved. A MOTION was made by Councilmember Jordan Ray, seconded by Vice Mayor Brigette Peterson, to return the Council pay to the previous amount of $21,012 and leave the Mayor pay at $43,361 effective January 2019 with the induction of the new Council. Motion approved 6-1 with Councilmember Jared Taylor casting the dissenting vote. Resolution No. 3963 was adopted. 14.ELECTIONS - consider: a) adoption of a Resolution designating the election date and purpose, deadline for voter registration, last date for candidates to file nomination papers, and establishing responsibility for securing polling places for the Fall 2018 Election cycle; and b) authorizing the Town Clerk to execute the menu of services with Maricopa County Elections for a polling place election for the county-wide consolidated election. This item was approved with the Consent Calendar vote. Resolution No. 3964 was adopted. 15.FINAL PLAT S17-1004 (S16-14) - consider approval of the final plat for BB Living at Val Vista located at the northeast corner of Germann Road and Rome Street. This item was approved with the Consent Calendar vote. 16.FINAL PLAT S17-1003 - consider approval of the final plat for Bella Verde located at the southwest corner of Gilbert Road and Ray Road. This item was approved with the Consent Calendar vote. 17.MINUTES – consider approval of the minutes of Council Retreat Meeting of March 2, 2018 and Regular Meeting of March 8, 2018. This item was approved with the Consent Calendar vote. PUBLIC HEARING Mayor Jenn Daniels opened the public hearing for items 18, 19, 20, 24, 25, and 26. No one wished to speak and Mayor Jenn Daniels closed the public hearing. 6 A MOTION was made by Vice Mayor Brigette Peterson, seconded by Councilmember Victor Petersen, to approve public hearing items 18, 19, 20, 24, 25, and 26. Motion carried 7-0. 18.LIQUOR LICENSE – conduct hearing and consider approval of a Series 9 Liquor Store Liquor License for Trader Joe's #285 located at 1795 East Williams Field Road. This item was approved with the Public Hearing Vote. 19.LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for Delicious by Aldu located at 235 East Warner Road, Suite 107. This item was approved with the Public Hearing Vote. 20.ZONING Z17-1021 conduct hearing and consider approval of the findings and adoption of an Ordinance to amend Ordinance No. 2509 to amend the conditions of development and the development plan within the Gilbert Town Center Planned Area Development (PAD) for approximately 14.69 acres of real property generally located at the southeast corner of Gilbert and Warner Roads, consisting of approximately 14.69 acres of Regional Commercial (RC) zoning district with a Planned Area Development overlay zoning district as shown on the exhibit (map), 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 to allow for a reconfiguration of a previously approved commercial development and to reduce landscape and building setbacks. This item was approved with the Public Hearing Vote. Ordinance No. 2651 was adopted. 21.ZONING Z18-01 - conduct hearing and consider adoption of an Ordinance amending the Zoning Code of Gilbert, Arizona, Chapter 1 Zoning Regulations, Division 2: Land Use Designations, Article 2.1 Single Family Residential Districts, Section 2.106 Additional Development Regulations, related to accessory structures, covered patios, and porches; Article 2.9 Use Regulations, Section 2.902 Use regulations, Table 2.902 Use Regulation related to Farmers’ Markets, Seasonal Sales, and Special Events; Division 4: General Regulations, Article 4.5 Supplemental Use Regulations, Section 4.5012 Temporary Uses, Table 4.5012 Temporary Uses related to the special event permit requirements for Carnivals (small scale), Farmer’s Markets, Haunted Houses, Seasonal Sales, and Sidewalk Sales/Parking Lot Events; and Division 6: Use Definitions, Article 6.1 Use Definitions related to the “Eating and Drinking Establishments” and the “Stand-Alone Smoking Lounge” use definitions. Mayor Jenn Daniels opened the public hearing on item 21. Councilmember Victor Petersen thanked staff for their work with the Land Development Code. He said he previously had some text amendment changes to this item, but after consulting with the Legal Department, he decided to address his proposed changes as a future agenda item. He would like to adopt the zoning plan as-is, but he would like to address a specific section later. 7 Mayor Jenn Daniels closed the public hearing on item 21. A MOTION was made by Councilmember Jared Taylor, seconded by Councilmember Jordan Ray, to approve item 21. Motion carried 7-0. Ordinance No. 2652 was adopted. 22.GENERAL PLAN GP17-1017/ ZONING Z17-1027 – conduct hearing and consider: a) adoption of a Resolution approving a Minor General Plan Amendment GP17-1017 to change the land use classification of approximately 5.21 acres of real property generally located west of the southwest corner of Higley and Williams Field Roads from Community Commercial to Residential >25-50 DU/Ac. The effect of this amendment will be to change the plan of development for the property to allow senior residential development; and b) approval of the findings and adoption of an Ordinance rezoning approximately 5.21 acres of real property generally located west of the southwest corner of Higley and Williams Field Roads from Town of Gilbert Community Commercial (CC) zoning district to Multi Family / Medium (MF/M) zoning district with a Planned Area Development Overlay zoning district to increase the opportunities for senior housing development. The effects of the rezoning will be to: increase the maximum density, decrease the minimum net land area per unit, decrease the side landscape area adjacent to non-residential, decrease the minimum requirement for private open space, decrease the number of enclosed parking stalls required, eliminate the children's play area requirement, and to allow the existing separation fence to remain on the south and west property lines. Mayor Jenn Daniels opened the public hearing on Item 22. No one wished to speak and Mayor Jenn Daniels closed the public hearing on Item 22. A motion was made by Councilmember Victor Petersen, seconded by Vice Mayor Brigette Peterson, to approve Item 22. Motion carried 7-0. Resolution No. 3965 and Ordinance No. 2653 were adopted. 23.PROPERTY ACQUISITION – conduct hearing and consider adoption of a Resolution approving the acquisition of right of way and easement, Parcel Nos. 313-03-084 and 304- 60-436, for the Germann Road and Higley Road 18" Reclaimed Water Line, Project No. WW072. Removed from agenda. 24.PROPERTY ACQUISITION – conduct hearing and consider adoption of a Resolution approving the acquisition of right of way and easements, Parcel Nos. 304-28-008Y, 304- 28-008K and 304-28-008J, for Recker Road Improvements, Project No. ST096. This item was approved with the Public Hearing Vote. Resolution No. 3966 was adopted. 25.PROPERTY ACQUISITION – conduct hearing and consider adoption of a Resolution 8 approving the acquisition of right of way and easements, Parcel Nos. 304-08-834, 304-08- 835, 304-08-926, 140-69-007, 140-69-009, 140-69-010, 140-69-366 and 140-69-365, for Higley and Baseline Intersection Improvements, Project No. ST174. This item was approved with the Public Hearing Vote. Resolution No. 3967 was adopted. 26.CODE OF GILBERT - conduct hearing and consider adoption of an Ordinance amending the Code of Gilbert, Chapter 2 Administration, Article III Departments, Division 1 Generally, Section 2-133, Duties of Departments to update the Town’s organization and operational structure to clarify that Public Works Department may purchase easements and real property with a purchase price of less than $10,000.00 if the purchase price is supported by evidence of similar prices for similar property or easements. This item was approved with the Public Hearing Vote. Ordinance No. 2654 was adopted. ADMINISTRATIVE ITEMS 27.COUNCIL ADMINISTRATION - Presentation on the Phoenix East Valley Angel Investor by John Lewis, President & CEO of East Valley Partnership, and Dan Henderson, Gilbert Economic Development Director. Economic Development Director Dan Henderson identified access to early-stage funding as a primary need for economic development. He stated the East Valley Angel Investor Initiative had three goals: raise awareness of Angel Investing, build an Angel Network with active investors, and increase Angel funding to area startups. He spoke of the process of marketing the initiative, engaging individuals and investors to provide education, and conducting workshops. He stated the workshops would be on May 1, 2018, May 16, 2018, and June 16, 2018. He asked Team Gilbert to assist with recruitment of workshop attendees and listed attributes of an ideal participant. John Lewis, Gilbert resident and President & CEO of East Valley Partnership, stated the Angel Investor Initiative was an effort to assist East Valley economic development departments with the need for capital to help new businesses. He spoke of the program’s success in Chandler and asked those interested to visit www.investphxev.org. Councilmember Jordan Ray stated the Initiative was a great chance to help new businesses and may also benefit investors as well. He said he would be happy to assist interested participants from a Councilmember’s perspective. Councilmember Jared Taylor asked if the process would help someone become an accredited investor. He stated he would like to see some of the results of the program be included in the updates that Economic Development provided to Council in the future. 28.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 9 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 Jared Taylor thanked Office of Management and Budget Director Kelly Pfost for the work she presented at the recent Water Resources Municipal Property Corporation (WRMPC) meeting. He also thanked the members of the WRMPC for their knowledge, and he applauded Director Pfost for her planning on an upcoming bond issuance that will result in massive savings. POLICY ITEMS None. FUTURE MEETINGS No discussion. COMMUNICATIONS Report from the TOWN MANAGER on current events. Town Manager Patrick Banger recognized Economic Development Director Dan Henderson and Economic Development Deputy Director Jennifer Graves for their extensive search and efforts to find tenants who will be successful in Gilbert at the University Building. He recognized Fire Captain Bob Foster on his recent retirement from Gilbert Fire and Rescue. He congratulated Chief Digital Officer Dana Berchman for being recognized by Government Technology Magazine as one of the Top 25 Tech Leaders of the Nation. Report from the COUNCIL on current events. Vice Mayor Brigette Peterson thanked all of the individuals of Gilbert’s Planning Department and Planning Commission who were involved in choosing a consultant to the do the General Plan update. Councilmember Scott Anderson thanked Catherine Lorbeer and staff for their work regarding the Sign Code and the compiling of data results. 10 Councilmember Eddie Cook asked Town Manager Patrick Banger to speak on the upcoming changes to the top deck of the Heritage District parking garage. Manager Banger stated the Town had been looking for ways to enhance the value in the Heritage District for the visiting patrons. He said the top deck of the parking structure would be used exclusively for employees in the area, affording more parking for patrons. Councilmember Jared Taylor urged the public to get registered to vote, research issues, visit with candidates, and get involved with the upcoming Town Council election. Report from the MAYOR on current events. Mayor Jenn Daniels encouraged citizens to check the Town of Gilbert’s calendar for upcoming events. She stated the Gilbert Global Village Festival would be held on April 14, 2018 and thanked the Parks and Recreation Department for their work with the event. ADJOURN Mayor Jenn Daniels adjourned meeting at 7:57 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 5th day of April, 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