Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL IN REGULAR MEETING OF THURSDAY, APRIL 19, 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, Parks and Recreation Manager John Kennedy, Recreation Program Supervisor Denise Merdon, and Planning Manager Linda Edwards AGENDA ITEM CALL TO ORDER Mayor Jenn Daniels called the meeting to order at 6:31 p.m. PRESENTATION OF STUDENT CITIZEN OF THE MONTH AWARD Mayor Jenn Daniels and the Council presented Student Citizen of the Month Awards for March to: Alexander Douglas, LeeLee Brissette, Alexandra Rollier, Charlize Ware, Samuel Larson, Austen Nieva, Rylyn Nink, Kylee Francom, Anna Kelly, Sophia Untalan, Molly Buvala, Alyssa Brown, Camilo Elixavide, Jaedan Mendoza, Jaide Lieberenz, Alyssa Ortiz, Vanesa Ruiz-Avila, Austin Nowak, Gloria Rodriguez-Eddens, Angelina Rodney, Alyssa Gruber, Lucas Rebel, Mason Marshall, James Foster III, Patricia Maeve Lloyd, Milo Hancock, Hannah Vermillion, James Walker, Carson D. Bonn, Breanna Valentine, Katherine Squires, Hunter Fenn, Karlee Sabin, Faith Maestas, Alisha Huerta, Taryn Toombs, and Macie Meir. INVOCATION AND PLEDGE OF ALLEGIANCE Vice Mayor Brigette Peterson introduced the scouts in attendance who led the Pledge of Allegiance and introduced themselves. Councilmember Jared Taylor gave the invocation. ROLL CALL Town Clerk Lisa Maxwell called roll and declared a quorum present. COMMUNICATIONS FROM CITIZENS None. 1 CONSENT CALENDAR A MOTION was made by Vice Mayor Brigette Peterson, seconded by Councilmember Jared Taylor, to approve Consent Items 1, 2, 3, 4, 5, 6, 7, 8, 8A, 9, and 10; and to remove Item 8B from the Consent Calendar. Motion carried 7-0. 1. ANNEXATION A17-1003 – consider adoption of an Ordinance annexing approximately 161.04 acres located at the northwest corner of Chandler Heights Road and Val Vista Drive contingent upon approval by the Maricopa County Board of Supervisors. This item was approved with the Consent Calendar vote. Ordinance No. 2655 was adopted. 2. ANNEXATION A18-03 – consider adoption of an Ordinance deannexing approximately 4.25 acres of right-of-way along Cooper Road between Knox Road to Galveston Street contingent upon annexation by the City of Chandler and approval by the Maricopa County Board of Supervisors. This item was approved with the Consent Calendar vote. Ordinance No. 2656 was adopted. 3. INTERGOVERNMENTAL AGREEMENT – consider approval of the renewal of Agreement No. 2014-3002-0304 with Town of Queen Creek for fire support services for a term of one year beginning July 1, 2018 and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 4. AGREEMENT – consider approval of Project Agreement No. 2018-3000-0244 with Maricopa Association of Governments for the Higley and Baseline Roads Intersection improvements, Project No. ST174, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 5. AGREEMENT – consider approval of Purchase Agreement and Escrow Instructions Contract No. 2018-8000-0265 with Romeo November LLLP to sell Parcel No. 304-26-885 and Parcel No. 304-26-886 to Romeo November LLLP for a combined purchase price of $615,000 and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 6. CONTRACT – consider approval of Construction Services Contract No. 2018-2106-0199 with Pulice Construction, Inc. in an amount not to exceed $3,299,748 for the installation and construction services of the Germann and Higley 18-inch reclaimed water line, Project No. WW072, and authorize the Mayor to execute the required documents. 2 This item was approved with the Consent Calendar vote. 7. CONTRACT – consider approval of Construction Management Services Contract No. 2018-2106-0238 with Stanley Consultants in an amount not to exceed $439,723 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. 8. CONTRACT – consider approval of Job Order No. 4 to Job Order (JOC) Construction Services Contract No. 2017-2106-0666 with MGC Contractors in an amount not to exceed $881,855 for construction of the Crossroads Force Main ductile iron pipe (DIP) section replacements, Phase 1- Greenfield Road, Project No. WW105, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 8A. CHANGE ORDER – consider approval of: a) Change Order No. 1 to Cooperative Purchase Agreement No. 2018-3002-0115 with Pierce Manufacturing Inc. increasing the contract amount by $1,543,539.84 for the purchase of two (2) Pierce Quantum Fire Pumpers and to provide fire apparatus services, materials and/or equipment and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the General Replacement Fund in the amount of $1,543,550. This item was approved with the Consent Calendar vote. 8B. CHANGE ORDER – consider approval of: a) Change Order No. 1 to the Guaranteed Maximum Price (GMP) Construction Services Contract No. 2018-2106-0197 with Haydon Building Corporation increasing the contract amount by $712,000 for the Elliot District Park Improvements, Project No. PR125, and authorize the Mayor to execute the required documents; b) a Contingency Transfer from the General Fund in the amount of $141,500; and c) a Reallocation Transfer from the Southeast Regional Library Fountain, Project No. PR111, in the amount of $570,500. Councilmember Victor Petersen stated he approved of finishing the entire park, but would prefer to have contingency funds used, rather than using money from Project No. PR111. 3 Councilmember Eddie Cook stated he was initially concerned with using funds from Project No. PR111; but after talking with staff regarding the priorities of projects, he was in support of the item. Mayor Jenn Daniels stated she was in favor of the item as presented. She stated when funds are dedicated to a certain project, there was a level of satisfaction knowing the amount would not be exceeded. She said the process for a contingency request and using contingency funds would need to be handled differently. A MOTION was made by Councilmember Eddie Cook seconded by Vice Mayor Brigette Petersen, to approve Item 8B. A MOTION was made by Councilmember Victor Petersen, seconded by Councilmember Jared Taylor, to amend the motion to change the contingency amount from $141,500 to $712,000. Motion carried4-3; with Mayor Jenn Daniels, Vice Mayor Brigette Peterson, and Councilmember Eddie Cook casting the dissenting votes. A vote was taken on the original motion as amended. Motion carried 7-0. 9. STREETS - consider approval of a Certificate of Correction changing East Woodside Lane to East Woodside Way between South Arroyo Lane and South Sawmill Road in the San Tan Parcel 13 subdivision. This item was approved with the Consent Calendar vote. 10.FINAL PLAT SP1659 - consider approval of the final plat for Gateway Pointe located at the northeast corner of Ray Road and Wren Drive. This item was approved with the Consent Calendar vote. PUBLIC HEARING Mayor Jenn Daniels opened the public hearing for items 11, 12, 13, and 15. 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 Victor Petersen, to approve public hearing Items 11, 12, 13, and 15. Motion carried 7-0. 11.LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for Firebirds Wood Fired Grill located at 1930 East Williams Field Road. This item was approved with the Public Hearing Vote. 12.BONDS - conduct hearing and consider adoption of a Resolution authorizing the execution and delivery of a Series 2018 Utilities Town Purchase Agreement (the "Town Purchase Agreement"), a Bond Purchase Agreement and a Continuing Disclosure Agreement; approving the execution and delivery by Town of Gilbert, Arizona, Water 4 Resources Municipal Property Corporation of such Ground Leases, such Town Purchase agreement, such Bond Purchase Agreement, and a Series 2018 Utilities Bond Indenture; approving an Official Statement and the execution and circulation thereof; approving the issuance of not to exceed $42,000,000 aggregate principal amount of Town of Gilbert, Arizona, Water Resources Municipal Property Corporation revenue bonds; delegating to the Manager or Director of Finance and Management Services of the Town the authority to determine various terms with respect to the bonds and the sale thereof and declaring an emergency. This item was approved with the Public Hearing Vote. Resolution No. 3968 was adopted. 13.ANNEXATION A17-1000 – conduct hearing on the proposed annexation of approximately 11.86 acres located at the south of Lexington Street and west of Lindsay Road. This item was approved with the Public Hearing Vote. 14.CODE OF GILBERT - conduct hearing and consider adoption of an Ordinance amending the Code of Gilbert, Arizona, by amending Chapter 15 Special Events, Article 1 In General, Section 5-1 Definitions, Section 15-2 Administration, Section 15-3 Violation of Chapter, and Section 15-5 Prohibited Special Event Locations; Article II Permits, Section 15-36 Required; Exemptions, Section 15-37 Application and Fee, Section 15-38 General Application Requirements, Section 15-39 Issuance of Permit, Section 15-40 Prohibited Special Event Conduct; Revocation, Section 15-41 Mistake; Collection of Correct Amount, Section 15-42 Right of Entry, Section 15-44 Other Certificates or Permits Required, and Section 15-45 Denial, Modification, Revocation, or Suspension; Appeal to Town Manager; Article III Requirements Section 15-50 General Requirements, Section 15-51 Special Provisions Related to Fireworks Displays, Section 15-52 Special Provisions Related to Parades and Public Assemblies, and Section 15-53 Special Provisions Related to Town Special Events. Mayor Jenn Daniels opened the public hearing on item 14. Councilmember Jared Taylor requested clarification regarding how the changes to the special event guidelines would impact private events. There was discussion regarding events that are facilitated by a private group but are open to public, like Gilbert Constitution Week or events hosted by homeowner’s associations. Parks and Recreation Manager John Kennedy stated the entire code would not apply to private events on private property; however, there were circumstances where private events on public property would need to follow certain parts of Chapter 15 Code. He affirmed that events that are open to the public would be subject to some Town Code regulations under Chapter 15. Recreation Program Supervisor Denise Merdon stated private events that are open to the public still need to follow Town guidelines, as there is potential for public safety concerns. 5 Mayor Jenn Daniels suggested continuing the item, allowing time for the Council to get clarification and feel comfortable with the proposed language. Mayor Jenn Daniels closed the public hearing on item 14. A MOTION was made by Councilmember Victor Petersen, seconded by Councilmember Jordan Ray to continue Item 14 to the May 3, 2018 Council meeting. Motion carried 7-0. 15.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 MAG Uniform 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 in the Town. This item was approved with the Public Hearing Vote. Ordinance No. 2657 was adopted. ADMINISTRATIVE ITEMS 16. FEES – consider a motion to: a) direct staff to publish a Notice of Intention to Increase certain Development Services Fees; and b) set the public hearing date for June 21, 2018. Councilmember Victor Petersen stated though this item was only a Notice of Intention, he had concerns specifically with the cost of the pre-application fee and the design review fee. He said with the optional pre-application fee, a reason to lower the fee is to encourage people to go through the pre-application process. He stated the design review fee is at the top of the market, and this change would double it. Mayor Jenn Daniels referenced a slide showing no two jurisdictions have like processes and that the fees from other cities do not include engineering and traffic review as part of the fee. Planning Manager Linda Edwards stated in most cases a pre-application is required. She stated the requirement is of great benefit to the applicant and to Town staff, saving a great deal of time and money. Councilmember Jordan Ray stated he was in support of the item because it would set the limit, knowing it can go lower, but he did have concerns about the design review fee. There was discussion regarding current regulations, processes, and costs. 6 A MOTION was made by Vice Mayor Brigette Peterson, seconded by Councilmember Scott Anderson, to approve public hearing Item 16. A MOTION was made by Councilmember Eddie Cook, seconded by Councilmember Jordan Ray, to amend the motion to set the limit of the pre-application as a proposed fee to $2,598 and allow for discussion at the next meeting. Motion carried 7-0. A vote was taken on the original motion as amended. Motion carried 5-2, with Councilmembers Victor Petersen and Jared Taylor casting the dissenting votes. 17.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 None. POLICY ITEMS None. FUTURE MEETINGS May 17, 2018 - Amendment to the Land Development Code to allow accessory structures greater than 6 feet in height to be located in setbacks of 5 feet or greater with the written consent of the lot owners abutting said setbacks. Contact: Christopher Payne (V. Petersen, S. Anderson, J. Taylor) There was no discussion. COMMUNICATIONS Report from the TOWN MANAGER on current events. Town Manager Patrick Banger reported on the recent Global Village Festival. He stated there were roughly 5,000 people in attendance, 20 sponsors, 35 vendors, 6 religions 7 represented, 20 different cultural performers, 10 different cultural organizations, and 50 volunteers. He thanked the Parks and Recreation staff for a great job with the event. Report from the COUNCIL on current events. None. Report from the MAYOR on current events. Mayor Jenn Daniels highlighted Kalani Goldberg, a Gilbert student who created a video about her experience with bullying called “Stand Up Against Bullying”. Mayor Jenn Daniels asked students and residents to perform an act of kindness, share a Gilbert Kindness Coin, and use the hashtag “#havecouragebekind”. Mayor Jenn Daniels asked the Council to be aware of and to confirm the revised date of the Council Fall Retreat. RECESS REGULAR MEETING AND RECONVENE IN EXECUTIVE SESSION A MOTION was made by Councilmember Jordan Ray, seconded by Vice Mayor Brigette Peterson, to recess the Regular Meeting and reconvene in Executive Session pursuant to: a. A.R.S. §§ 38-431.03 (3) and (7), discussion and consultation for legal advice from the Town Attorney and discussion and consultation with designated Town representatives concerning the sale of park land; b. A.R.S. §§ 38-431.03(3) and (7), discussion and consultation for legal advice from the Town Attorney and discussion and consultation with designated Town representatives concerning the sale of a parcel of land located near Ray Road and Recker Road; and c. A.R.S. § 38-431.03(3) Discussion and consultation with the Town's attorney and with the Town's representatives regarding the incorporation petition and map filed on October 6, 2017 for the Town of San Tan Valley. Motion carried 7-0. Mayor Jenn Daniels recessed the Regular meeting at 7:39 p.m. ADJOURN EXECUTIVE SESSION AND RECONVENE REGULAR MEETING Mayor Jenn Daniels reconvened the Regular meeting at 8:28 p.m. ADJOURN Mayor Jenn Daniels adjourned meeting at 8:28 p.m. 8  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 19th 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 9