Council Regular/Special Meeting
Special MeetingGilbert, AZ · May 3, 2018
Minutes
MINUTES OF THE GILBERT TOWN COUNCIL IN REGULAR MEETING OF THURSDAY, MAY 03,
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, Office of Management and
Budget Director Kelly Pfost, Town Engineer David Fabiano,
Water Resources Manager Eric Braun
AGENDA ITEM
CALL TO ORDER
Mayor Jenn Daniels called the meeting to order at 6:40 p.m.
INVOCATION AND PLEDGE OF ALLEGIANCE
Councilmember Eddie Cook introduced the scouts in attendance who led the Pledge of
Allegiance and introduced themselves. Pastor Eric Jones of Evident Life Church gave the
invocation.
ROLL CALL
Town Clerk Lisa Maxwell called roll and declared a quorum present.
PRESENTATIONS; PROCLAMATIONS
1. PROCLAMATION - Proclamation declaring May 6 through 12, 2018 as Municipal Clerks
Week.
Vice Mayor Brigette Peterson read a proclamation declaring May 6 through 12, 2018 as
Municipal Clerks Week, and presented the proclamation to Town Clerk Lisa Maxwell.
2. PROCLAMATION - Proclamation declaring May 21 through May 27, 2018 as National
Public Works Week.
Councilmember Scott Anderson read a proclamation declaring May 21 through May 27,
2018 as National Public Works Week, and presented the proclamation to Town Engineer
David Fabiano and staff.
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3. PROCLAMATION - Proclamation declaring May 6 through 12, 2018 as National
Economic Development and Tourism Week.
Councilmember Victor Petersen read a proclamation declaring May 6 through 12, 2018 as
National Economic Development and Tourism Week, and presented the proclamation to
Tourism Administrator Glenn Schlottman and Business Attraction Administrator Lauren
Conangla.
4. PROCLAMATION - Proclamation declaring May 19, 2018 as Kids to Parks Day.
Councilmember Jared Taylor read a proclamation declaring May 19, 2018 as Kids to Parks
Day, and presented the proclamation to Parks and Recreation Manager John Kennedy,
Recreation Program Coordinator Jennifer Lauria, and Parkway Improvement District
Neighborhood Analyst Joanne McLaughlin.
5. RECOGNITION - Recognition of Walter Barrand, Fleet Technician, for 28 years of service
to the Town of Gilbert.
Mayor Jenn Daniels recognized Fleet Technician Walter Barrand for 28 years of service to
the Town of Gilbert.
6. RECOGNITION - Recognition of Dina Aguilera for receiving a Lifetime Achievement
Award from the Arizona Prosecuting Attorney’s Advisory Council.
Councilmember Eddie Cook recognized Dina Aguilera for receiving a Lifetime Achievement
Award from the Arizona Prosecuting Attorney’s Advisory Council.
7. RECOGNITION - Recognition of the life of Rodney Lewis from the Gila River Indian
Community.
Mayor Jenn Daniels acknowledged the life and achievements of Rodney Lewis from the
Gila River Indian Community, and presented a proclamation to Governor Stephen Roe
Lewis of the Gila River Indian Community and his family.
COMMUNICATIONS FROM CITIZENS
Joe Geusic, Gilbert resident, spoke of the importance of the “meet and confer” process to
avoid unnecessary contract negotiations. He noted that Council compensation should not
be based on the individual, but rather on the position; stating salaries should be set
appropriately to attract the best and most-talented.
CONSENT CALENDAR
A MOTION was made by Vice Mayor Brigette Peterson, seconded by Councilmember Victor
Petersen, to approve Consent Items 8, 9, 9A, 10, 11, 12, and 14; remove Items 13 from
the Consent Calendar; and add Items 21A and 27 to the Consent Calendar, appointing
Jennifer Jones, Mark LaPorte, and Walter "Les" Presmyk, to the Parks and Recreation
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Board as regular members with terms ending May 12, 2021; and appointing Edward
Madrid to the Parks and Recreation Board as a regular member with a term ending May
12, 2019. Motion carried 7-0.
8. INTERGOVERNMENTAL AGREEMENT – consider approval of an Intergovernmental
Agreement No. 2018-5007-0254 with Maricopa County Library District for the Library
Assistance Program for a term of five (5) years beginning July 1, 2018 and authorize the
Mayor to execute the required documents.
This item was approved with the Consent Calendar vote.
9. CONTRACT – consider approval of a Cooperative Purchase Agreement No. 2018-4106-
0268 with Sunland Asphalt utilizing Pinal County Cooperative Purchasing Contract No. 17-
16P-05 in an amount not to exceed $600,000 for Fractured Aggregate Surface Treatment
(FAST) and Liquid Road Surface Treatment effective upon award and terminating June 30,
2018 with an option for four (4) additional one (1) year renewals and authorize the Mayor
to execute the required documents.
This item was approved with the Consent Calendar vote.
9A. AGREEMENT – consider approval of License Agreement No. 2018-2105-0277 with CNS
Ventures, LLC for the use of four (4) parking spaces located on the north side of Cullumber
Avenue as a location for a temporary refuse container in exchange for payment of $40.15
to the Town and authorize the Mayor to execute the required documents.
This item was approved with the Consent Calendar vote.
10.CONTRACT – consider approval of PM/CM Services Contract No. 2017-2106-0563 with
Wood Patel and Associates Inc. in an amount not to exceed $300,595 for the Val Vista
Drive Guadalupe Road to Baseline, Project No. TS130, and Baseline Road and Val Vista
Drive Signal Improvements, Project No. ST169; and authorize the Mayor to execute the
required documents.
This item was approved with the Consent Calendar vote.
11.CHANGE ORDER – consider approval of Change Order No. 1 to Contract No. 2018-1102-
0200 with Hendel's Air Conditioning & Heating increasing the contract amount by
$43,263.76 to replace eight (8) evaporative coolers and one (1) air conditioning unit at
Public Works buildings and authorize the Mayor to execute the required documents.
This item was approved with the Consent Calendar vote.
12.FINAL PLAT S17-1006- consider approval of the final plat for Whispering Rock located
on the northeast corner of Germann Road and Coronado Road.
This item was approved with the Consent Calendar vote.
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13.CAPITAL IMPROVEMENT PLAN — consider accepting the draft Town of Gilbert FY 2019-
2028 Capital Improvement Plan (CIP) and declare it a public document.
Councilmember Victor Petersen stated debt should not be used for repair and
replacement. He acknowledged Office of Management and Budget Director Kelly Pfost for
providing such thorough data with such speed. He said the amount budgeted for
contingency is too high based on the numbers of what was actually spent and what was
budgeted to spend.
Office of Management and Budget Director Kelly Pfost stated the contingency funds are
used sparingly. She said the majority of the underspent portion of the budget was from
Capital Improvement Plan (CIP) projects, which carry over from year to year, not from
contingency.
Councilmember Jared Taylor voiced concern with how much “slack” was in the budget,
noting unidentified and miscellaneous items. He stated it was not just “paper slack”, but
could drive the tax levy increase and affect property taxes in some cases.
Councilmember Scott Anderson stated the specific line item on the proposed Visitor and
Education Center at the Riparian Preserve had continuously been pushed out. He stated it
should be looked into, as it could have an impact on the community.
Mayor Jenn Daniels stated that because Gilbert is still growing, there is a benefit to
keeping the rate the same. She said not changing the rate does increase the revenue
without putting added burden on individual residents. She stated she has received emails
from the public asking the Council to move projects up, which is what contingency is for.
She stated every single dollar that Gilbert spends is accounted for and that every CIP
project is funded at the very beginning before the project starts.
A MOTION was made by Councilmember Eddie Cook, seconded by Vice Mayor Brigette
Peterson, to approve Item 13. Motion carried 5-2 with Councilmembers Victor Petersen
and Jared Taylor casting the dissenting votes.
14.MINUTES – consider approval of the minutes of the Regular Meeting of April 5, 2018.
This item was approved with the Consent Calendar vote.
PUBLIC HEARING
Mayor Jenn Daniels opened the public hearing for Items 15, 16, 17, 18, 20, 22, and 23.
No one wished to speak and Mayor Jenn Daniels closed the public hearing.
A MOTION was made by Councilmember Victor Petersen, seconded by Vice Mayor Brigette
Peterson, to approve public hearing Items 15, 16, 17, 18, 20, 22, and 23. Motion carried
7-0.
15.LIQUOR LICENSE – conduct hearing and consider approval of a Series 7 Beer and Wine
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Liquor License for Rudy's Country Store & Bar B Q located at 1733 North Higley Road.
This item was approved with the Public Hearing Vote.
16.LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant
Liquor License for Culinary Dropout at the Yard located at 385 North Gilbert Road.
This item was approved with the Public Hearing Vote.
17.GENERAL PLAN GP18-0002/ ZONING Z18-0003 – conduct hearing and consider:
a) adoption of a Resolution approving a Minor General Plan amendment to change the
land use classification of approximately 67.5 acres of real property generally located at the
southwest corner of Greenfield and Germann Roads from approximately 22.5 acres of
Shopping Center and approximately 45.0 acres of Residential > 2-3.5 DU/Acre land use
classification to approximately 67.5 acres of Residential > 3.5-5 DU/Acre land use
classification; and
b) approval of the findings and adoption of an Ordinance rezoning approximately 67.5
acres of real property generally located at southwest corner of Greenfield and Germann
Roads from approx. 22.5 acres of Shopping Center (SC) zoning district and approx. 45.0
acres of Single Family Residential - 8 (SF-8) to approx. 67.5 acres of Single Family
Residential - 6 (SF - 6) zoning district with a Planned Area Development overlay.
This item was approved with the Public Hearing Vote. Resolution No. 3969 and Ordinance
No. 2658 were adopted.
18.GENERAL PLAN GP18-03/ ZONING Z18-04 – conduct hearing and consider:
a) adoption of a Resolution approving a Minor General Plan amendment to change the
land use classification of approximately 82 acres of real property generally located at the
southwest corner of Greenfield and Chandler Heights Roads from Residential > 2-3.5
DU/Acre land use classification to Residential >3.5-5 DU/Acre land use classification; and
b) approval of the findings and adoption of an Ordinance rezoning approximately 82 acres
of real property generally located at the southwest of Greenfield and Chandler Heights
Roads from Single Family Residential-8 (SF-8) zoning district to Single Family Residential-6
(SF-6) zoning district with a Planned Area Development overlay.
This item was approved with the Public Hearing Vote. Resolution No. 3970 and Ordinance
No. 2659 were adopted.
19.ZONING Z17-1022 conduct hearing and consider approval of the findings and adoption
of an Ordinance amending the zoning classification of approximately 160.46 acres of real
property generally located at the northwest corner of Val Vista Drive and Chandler Heights
Road from Maricopa County Rural 43 (RU-43) zoning district to: 51.36 acres of Town of
Gilbert Single Family -7 (SF-7), 35.62 acres of Town of Gilbert Single Family 8 (SF-8), and
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73.48 acres of Town of Gilbert Single Family 10 (SF-10), all with a Planned Area
Development overlay zoning district; to reduce the side yard setback requirements in SF-7
and SF-8; and increase the lot coverage in SF-7, as shown on the Development Plan
exhibit.
Mayor Jenn Daniels opened the public hearing on item 19.
Mayor Jenn Daniels asked for more information regarding the street alignment of two
different projects on Val Vista Road, north of Chandler Heights. Town Engineer David
Fabiano stated the concern is that the project on the east side does not meet the standard
that calls for the entrance points to be at the quarter mile and half mile locations. He
stated the Town is currently looking to the property owners to see if they can bring the
specifications into alignment where movement can be executed safely. He said public
safety is paramount and needs to be protected.
Mayor Jenn Daniels closed the public hearing on item 19.
A MOTION was made by Councilmember Jared Taylor, seconded by Vice Mayor Brigette
Peterson, to approve item 19. Motion carried 7-0; Ordinance No. 2660 was adopted.
20.ZONING Z17-1028 conduct hearing and consider approval of the findings and adoption
of an Ordinance amending Ordinances Nos. 1142 and 1230 to amend the conditions of
development within the Gilbert Crossroad Center Planned Area Development (PAD) for
approximately approximately 43.72 acres of real property, known as Parcel F1, generally
located at the southeast corner of Santan Village Parkway and Williams Field Road.
This item was approved with the Public Hearing Vote. Ordinance No. 2661 was adopted.
21.CODE OF GILBERT - conduct hearing and consider adoption of an Ordinance amending
the Code of Gilbert, Arizona, by amending Chapter 54 Streets, Sidewalks and Other Public
Places, Section 54-8 Parking Restricted or Prohibited; and Chapter 62 Traffic and Vehicles,
Article III Stopping, Standing and Parking, Section 62-66 Presumption in Reference to
Illegal Parking, and Section 62-76 Reserved related to the preservation of public peace,
health, and safety of Town-owned parking garages and lots.
Mayor Jenn Daniels opened the public hearing on item 21.
Councilmember Victor Petersen stated he approved of the new enforcement, but he was
concerned with how the permitting was set up. He asked if the ordinance was passed,
would it give the Town Manager or his designee authority to issue permitted parking in
designated areas. Town Attorney Christopher Payne affirmed. There was discussion about
compliance. Councilmember Victor Petersen said he was concerned that it would be
issuing exclusive use to a public asset and questioned how it would be enforced without
consequence.
Mayor Jenn Daniels stated there were also safety benefits to having workers in the area
park in the one location, as employees could walk out together to the same lot. She said
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there was also a benefit to creating specific access to the top level of the parking garage
for employees, as it would help to remove loiterers there. She said it would be a pilot
program with only 200 tags that would be distributed to the different merchants.
Councilmember Victor Petersen requested a follow-up on the pilot program to see how
effective it would be.
Councilmember Jared Taylor stated there needed to be good signage to provide law
enforcement the ability to enforce the rules of the program. Town Attorney Christopher
Payne stated signage would be made and ready to go up within 30 days, the effective date
of the ordinance.
Mayor Jenn Daniels closed the public hearing on item 21.
A MOTION was made Councilmember Victor Petersen, seconded by Vice Mayor Brigette
Peterson, to approve item 21 with direction to staff to report back to Council after the pilot
program has ended. Motion carried 7-0; Ordinance No. 2662 was adopted.
21A. 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.
This item was approved with the Consent Calendar vote and the item was continued to the
May 17, 2018 Council meeting.
22.BUDGET - conduct hearing and adopt the budgets on the 2018-2019 Street Light
Improvement Districts (SLID) and establish June 7, 2018 as the final public hearing and
adopting the tax levy for the districts.
This item was approved with the Public Hearing Vote.
23.BUDGET — conduct hearing and adopt the budgets on the Parkway Maintenance
Improvement District Nos. 07-1, 07-2, 07-3, 07-4, 07-5, 07-6, 07-7, 07-8, 07-9, 07-10 and
07-11 for July 1, 2018 to June 30, 2019 and establish June 7, 2018 as the date of the final
public hearing and adopting a tax levy for the districts.
This item was approved with the Public Hearing Vote.
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RECESS REGULAR MEETING AND RECONVENE IN SPECIAL MEETING
Mayor Jenn Daniels recessed the Regular meeting and convened the Special meeting at
7:30 p.m.
24.BUDGET - acceptance of the preliminary budget for July 1, 2018 to June 30, 2019 of
$966,501,770 and establish June 7, 2018 as the date of public hearing and adoption of
the final budget.
Mayor Jenn Daniels opened the public hearing on Item 24.
Office of Management and Budget Director Kelly Pfost presented the Fiscal Year (FY) 2019
Preliminary Budget including recent accolades, requested positions, requested versus
recommended needs, and the upcoming CIP projects. She stated the property tax levy
included is a $23,250,000 levy, which included adding $1,000,000 in additional principal
that could be paid down to stay within the $1.03 rate from last year, saving tax payers
about $150,000 in interest. She also showed a preview of the 2018-2019 Budget Video.
Councilmember Victor Petersen presented his annual “General Fund Ongoing Cost per
Citizen Versus Inflation” chart, based on reporting from staff. He stated the trajectory is
about 5% year per year and is off course. He said when the market turns again, there
would be tough decisions to make.
Councilmember Jared Taylor stated the economy forces what a town can spend or not
spend, cautioning that the economy would roll over at some point. He said the Town was
trending in the wrong direction. He stated there was a need for more “zero base
budgeting” and ways to deploy more savings to pass on to taxpayers.
Councilmember Eddie Cook noted some of the Town’s financial achievements including
two AAA Bond ratings and that the Town has reduced or eliminated four categories of
business taxes. He referenced a chart showing the actual dollars spent are consistently
much lower than the adopted budget. He then referenced a chart showing that the
population growth line and the trend line of all the years since 2010 were in alignment. He
said the spending was based upon the growth of the community and actual inflation, He
stated the data shows responsible spending and thanked Town Manager Patrick Banger
for this success since he was hired.
Councilmember Jordan Ray stated he was in support of the preliminary budget but looked
forward to further discussion. He thanked staff for their work.
Councilmember Scott Anderson asked for confirmation that the Town had 8% growth in
revenue for several years. Office of Management and Budget Director Kelly Pfost
confirmed that this will be the 5th year that the Town has had 8% year-over- year sales tax
growth. Based on future projections, in the FY2019 budget they have anticipated only a
3% increase in sales tax. If there is more, it would be recognized as one-time money and
would add some protection against changes in the economy.
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Town Manager Patrick Banger stated that the City of Tempe does an annual cost for
service analysis, and the Town of Gilbert has consistently come in as the lowest total
combined cost for service for many years.
Councilmember Victor Petersen referenced the inflation chart again, stating since 2013,
the Town has not been on track.
Mayor Jenn Daniels highlighted the Town’s financially-responsible achievements. She
voiced the importance of looking toward the future. She stated she was proud of the
direction the Town was going as a community and thanked staff.
Mayor Jenn Daniels closed the public hearing on Item 24.
A MOTION was made by Councilmember Eddie Cook, seconded by Vice Mayor Brigette
Peterson, to approve Public Hearing Item 24. Motion carried 5-2 with Councilmembers
Victor Petersen and Jared Taylor casting the dissenting votes.
25.BUDGET — conduct hearing regarding the FY2019 Property Tax Levy and direct staff; if
necessary, to submit an Ordinance setting the secondary property tax levy for FY2019 at
$23,250,000 for adoption on June 7, 2018.
Mayor Jenn Daniels opened the public hearing on Item 25.
Office of Management and Budget Director Kelly Pfost stated keeping the tax rate at $1.03
would cover Gilbert’s debt service and add $1,000,000 in additional principal.
Councilmember Victor Petersen stated all that was needed to meet the debt-service
obligation was $630,000 more than taxed last year, which could be made up with leftover
money from CIP projects.
Councilmember Jared Taylor stated that the money is available that could keep property
taxes low, and he supported the proposal of Council Victor Petersen.
Councilmember Eddie Cook referenced the Maricopa County Historic Property Tax Rate
and Levy. He stated the importance of “keeping the rate flat” and that Gilbert’s levy
increases have mostly align with the Maricopa County’s, except Gilbert’s was decreasing.
He said the proposed tax rate that is being considered is for taxpayer- approved bonding
and debt. He said by keeping the rate the same, the Town gets $1,000,000 more which is
paid to the principal, and taxpayers save $150,000 of interest for the life of that bond. He
proposed an additional option of setting the tax levy at $22,300,000 with a tax rate of
$0.99, stating that plan is acceptable but would not provide a savings of interest.
Vice Mayor Brigette Peterson said she appreciated the detail and time provided by the
Council and staff. She would prefer to see the debt being paid down and to save the
interest, staying with the $1.03 tax rate. She stated the item would set the highest limit
the tax rate could be, so there could still be discussion of the $0.99 rate later.
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Office of Management and Budget Director Kelly Pfost commented that keeping the tax
rate at $1.03 would allow the public some stability and give the opportunity to pay back
some debt early.
Councilmember Jordan Ray stated it had been previously decided to pay down the debt as
quickly as possible. Though he appreciated the suggestion of a tax rate of $0.99, he
preferred the $1.03 rate.
Councilmember Jared Taylor stated there were more options than the two proposed
choices. He said by lowering the levy and rate, with a strong economy, principal could still
be paid down.
Councilmember Jordan Ray stated though the Town could lower debt with refinancing, the
$1.03 levy rate would allow it to be done sooner.
Councilmember Victor Petersen stated he understood the argument of saving the interest,
but the $1.03 would be the “new lid” and would give room for more debt. He said the
savings would never translate; it would create room for more debt. He stated whether or
not it is a huge tax increase, it is still an increase.
Mayor Jenn Daniels stated every member of the Council is fiscally-conservative, though
they may see things differently. She stated the reason the amount a family would pay
would go up, was not because of the rate or levy change; it was because the property value
of their home was going up. She stated this proposed levy and rate was a responsible
amount to recommend and best for the future of Gilbert.
Councilmember Jordan Ray acknowledged that this item was to set the limit, not the
actual adoption; stating changes could be made before the adoption date of June 7, 2018.
Mayor Jenn Daniels closed the public hearing on Item 25.
A MOTION was made by Councilmember Victor Peterson, seconded by Councilmember
Jared Taylor, to submit an Ordinance setting the secondary property tax levy for FY2019 at
$22,300,000 for adoption on June 7, 2018.
A MOTION was made by Councilmember Eddie Cook, seconded by Vice Mayor Brigette
Peterson, to amend the motion to set the secondary property tax levy for FY2019 at
$23,250,000. Motion carried 5-2 with Councilmembers Victor Petersen and Jared Taylor
casting the dissenting votes.
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.
ADJOURN SPECIAL MEETING AND RECONVENE REGULAR MEETING
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Mayor Jenn Daniels adjourned the Special meeting and reconvened the Regular meeting at
8:32 p.m.
ADMINISTRATIVE ITEMS
26.FEES – consider a motion to:
a) direct staff to publish a Notice of Intention to Increase Fees for Water, Wastewater,
Reclaimed Water, Trash Rates and Fees; and
b) set the public hearing date for August 2, 2018 at 6:30 p.m.
Water Resources Manager Eric Braun presented a summary of the Notice of Intention to
Increase Fees for the Town’s Enterprise Funds. He stated it was a state-required portion of
the process. He noted the four utilities that were up for discussion were: Water,
Wastewater, Environmental Services (ES) Residential, and ES Commercial. He stated that
Water and Wastewater rates have been unchanged since 2008 and Residential ES Rates
have dropped by 7.5%. He highlighted the recommended rate changes for each and noted
the drivers of cost of service, both upward and downward.
Councilmember Jordan Ray left the meeting.
There was discussion regarding the proposed timeline of potential rate changes for the
possible adoption date of August 16, 2018. Mayor Jenn Daniels asked that the timeframe
be extended, due to many families being away from home and returning from summer
vacations around that time. It was stated there would be a public hearing before any
possible adoption by the Council, as well as advertising and workshops.
There was discussion regarding the means available for the public to provide feedback and
how technology has added efficiency to some specific job duties.
Councilmember Victor Petersen stated he was in support of the commercial trash rates
because it was optional. He stated he was not in favor of the residential trash increase, as
it was a tax, not a fee, and had nothing to do with use.
There was discussion regarding output, staff production, and the accuracy of the data
provided.
Water Resources Manager Eric Braun noted with the request to move the public hearing, a
date would still need to be posted in the Notice of Intention. Mayor Jenn Daniels suggested
the public hearing for this item be added to the September 20, 2018 Council agenda.
A MOTION was made by Vice Mayor Brigette Peterson, seconded by Councilmember Scott
Anderson, to direct staff to publish a Notice of Intention to Increase Fees for Water,
Wastewater, Reclaimed Water, Trash Rates and Fees; and set the public hearing date for
September 20, 2018 at 6:30 p.m. Motion carried 4-2 with Councilmembers Victor Petersen
and Jared Taylor casting the dissenting votes.
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27.BOARDS AND COMMISSIONS - consider appointment to the Parks and Recreation
Board of:
a) three regular members with terms beginning May 13, 2018 and ending May 12, 2021;
and
b) one regular member to complete the remainder of a term beginning May 3, 2018 and
ending May 12, 2019.
This item was approved with the Consent Calendar vote. Walter "Les" Presmyk, Jennifer
Jones and Mark LaPorte to the Parks and Recreation Board were appointed as regular
members with terms ending May 12, 2021; and Edward Madrid was appointed to the
Parks and Recreation Board as a regular member with a term ending May 12, 2019.
28.COUNCIL ADMINISTRATION - consider acceptance of the Budget Report and
Contingency Report for the Third Quarter of FY2018.
A MOTION was made by Councilmember Jared Taylor, seconded by Councilmember Victor
Petersen, to approve Item 28. Motion carried 6-0.
29.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
POLICY ITEMS
None.
FUTURE MEETINGS
Requested Agenda Items and Projected Meeting Dates:
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
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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 thanked the Council for recognizing the employees who
were acknowledged earlier in the meeting. He reported that Gilbert’s Economic
Development Department was being honored as Large Economic Development
Department of the Year at the Arizona Economic Development Conference (AEDC). He
stated that Economic Development Director Dan Henderson was also awarded Director of
the Year at the AEDC.
Report from the COUNCIL on current events.
Vice Mayor Brigette Peterson reported that the Gilbert Leadership’s Class 26 project was to
create two exchange zones for people to safely exchange goods sold. She said the
locations could also be used as custody exchange locations, as there would be cameras at
both locations at all times.
Report from the MAYOR on current events.
Mayor Jenn Daniels reported that an Officer Memorial Ceremony would be held on Monday,
May 7, 2018 at the Main Police Station to honor the men and women who have served in
the Police Department.
RECESS REGULAR MEETING AND RECONVENE IN EXECUTIVE SESSION
A MOTION was made by Vice Mayor Brigette Peterson, seconded by Councilmember Victor
Petersen, to recess the Regular meeting and reconvene in Executive Session pursuant to
A.R.S. §38-431.03(A)(1) to conduct employment evaluation and discuss assignments of
Town Manager Patrick Banger. Motion carried 6-0.
Mayor Jenn Daniels recessed the Regular meeting at 9:13 p.m.
ADJOURN EXECUTIVE SESSION AND RECONVENE REGULAR MEETING
Mayor Jenn Daniels reconvened the Regular meeting at 9:20 p.m.
ADJOURN
Mayor Jenn Daniels adjourned meeting at 9:20 p.m.
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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 3rd day of May,
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
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Agenda
COUNCIL MEETING AGENDA
May 3, 2018
Members may attend in person or by telephone.
Jenn Daniels, Mayor ● Brigette Peterson, Vice Mayor
Scott Anderson ● Eddie Cook ● Victor Petersen ● Jordan Ray ● Jared Taylor
Regular Meeting
5/3/2018 6:30:00 PM
Municipal Center, Council Chambers
50 E Civic Center Drive
Gilbert, Arizona
AGENDA ITEMS MAY BE DISCUSSED IN A DIFFERENT SEQUENCE.
ITEMS WILL NOT BE DISCUSSED PRIOR TO POSTED MEETING TIME.
Executive Session will be held at the end of the Council Meeting
ADDENDUM 2
RECESS REGULAR MEETING AND RECONVENE IN EXECUTIVE SESSION
Pursuant to A.R.S. §38-431.03(A)(1) to conduct employment evaluation and discuss
assignments of Town Manager Patrick Banger.
ADJOURN EXECUTIVE SESSION AND RECONVENE REGULAR MEETING
ADDENDUM
CONSENT CALENDAR
9A AGREEMENT – consider approval of License Agreement No. 2018-2105-0277
with CNS Ventures, LLC for the use of four (4) parking spaces located on the
north side of Cullumber Avenue as a location for a temporary refuse container in
exchange for payment of $40.15 to the Town and authorize the Mayor to execute
the required documents.
PUBLIC HEARING
21A 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.
Continue to the May 17, 2018 Council meeting.
AGENDA ITEM
CALL TO ORDER
INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation may be offered by a person of any religion, faith, belief or non-belief, as
well as Councilmembers. A list of volunteers is maintained by the Town Clerk and
interested persons should contact the Clerk for further information.
Mayor invites all scouts present to the front of the Council Chambers.
Pledge of Allegiance and introduction and recognition of scouts.
Invocation by Pastor Eric Jones of the Evident Life Church.
ROLL CALL
PRESENTATIONS; PROCLAMATIONS
1 PROCLAMATION - Proclamation declaring May 6 through 12, 2018 as Municipal
Clerks Week.
2 PROCLAMATION - Proclamation declaring May 21 through May 27, 2018 as
National Public Works Week.
3 PROCLAMATION - Proclamation declaring May 6 through 12, 2018 as National
Economic Development and Tourism Week.
4 PROCLAMATION - Proclamation declaring May 19, 2018 as Kids to Parks Day.
5 RECOGNITION - Recognition of Walter Barrand, Fleet Technician, for 28 years of
service to the Town of Gilbert.
6 RECOGNITION - Recognition of Dina Aguilera for receiving a Lifetime
Achievement Award from the Arizona Prosecuting Attorney’s Advisory Council.
7 RECOGNITION - Recognition of the life of Rodney Lewis from the Gila River Indian
Community.
COMMUNICATIONS FROM CITIZENS
At this time, members of the public may comment on matters within the jurisdiction of
the Town but not on the agenda. The Council’s response is limited to responding to
criticism, asking staff to review a matter commented upon, or asking that a matter be
put on a future agenda.
CONSENT CALENDAR
All items listed below are considered consent calendar items and may be approved by a
single motion unless removed at the request of Council for further discussion/action.
Other items on the agenda may be added to the consent calendar and approved under a
single motion.
8 INTERGOVERNMENTAL AGREEMENT – consider approval of an Intergovernmental
Agreement No. 2018-5007-0254 with Maricopa County Library District for the
Library Assistance Program for a term of five (5) years beginning July 1, 2018
and authorize the Mayor to execute the required documents.
9 CONTRACT – consider approval of a Cooperative Purchase Agreement No. 2018-
4106-0268 with Sunland Asphalt utilizing Pinal County Cooperative Purchasing
Contract No. 17-16P-05 in an amount not to exceed $600,000 for Fractured
Aggregate Surface Treatment (FAST) and Liquid Road Surface Treatment
effective upon award and terminating June 30, 2018 with an option for four (4)
additional one (1) year renewals and authorize the Mayor to execute the required
documents.
10 CONTRACT – consider approval of PM/CM Services Contract No. 2017-2106-
0563 with Wood Patel and Associates Inc. in an amount not to exceed $300,595
for the Val Vista Drive Guadalupe Road to Baseline, Project No. TS130, and
Baseline Road and Val Vista Drive Signal Improvements, Project No. ST169; and
authorize the Mayor to execute the required documents.
11 CHANGE ORDER – consider approval of Change Order No. 1 to Contract No.
2018-1102-0200 with Hendel's Air Conditioning & Heating increasing the
contract amount by $43,263.76 to replace eight (8) evaporative coolers and one
(1) air conditioning unit at Public Works buildings and authorize the Mayor to
execute the required documents.
12 FINAL PLAT S17-1006- consider approval of the final plat for Whispering Rock
located on the northeast corner of Germann Road and Coronado Road.
13 CAPITAL IMPROVEMENT PLAN — consider accepting the draft Town of Gilbert FY
2019-2028 Capital Improvement Plan (CIP) and declare it a public document.
14 MINUTES – consider approval of the minutes of the Regular Meeting of April 5,
2018.
PUBLIC HEARING
Items will be heard at one Public Hearing; at which time anyone wishing to comment on
a Public Hearing Item may do so. Comments will be heard from those in support of or in
opposition to an item. Hearings are noticed for 7:00 p.m.
In order to comment on a Public Hearing Item, you must fill out a public comment form,
indicating the Item Number on which you wish to be heard. Once the hearing is closed,
there will be no further public comment unless requested by a member of the Council.
After the Public Hearing, the Council may act on all items not requiring additional staff,
public, or Councilmember comment with a single vote.
15 LIQUOR LICENSE – conduct hearing and consider approval of a Series 7 Beer and
Wine Liquor License for Rudy's Country Store & Bar B Q located at 1733 North
Higley Road.
16 LIQUOR LICENSE – conduct hearing and consider approval of a Series 12
Restaurant Liquor License for Culinary Dropout at the Yard located at 385 North
Gilbert Road.
17 GENERAL PLAN GP18-0002/ ZONING Z18-0003 – conduct hearing and consider:
a) adoption of a Resolution approving a Minor General Plan amendment to
change the land use classification of approximately 67.5 acres of real property
generally located at the southwest corner of Greenfield and Germann Roads
from approximately 22.5 acres of Shopping Center and approximately 45.0 acres
of Residential > 2-3.5 DU/Acre land use classification to approximately 67.5
acres of Residential > 3.5-5 DU/Acre land use classification; and
b) approval of the findings and adoption of an Ordinance rezoning approximately
67.5 acres of real property generally located at southwest corner of Greenfield
and Germann Roads from approx. 22.5 acres of Shopping Center (SC) zoning
district and approx. 45.0 acres of Single Family Residential - 8 (SF-8) to approx.
67.5 acres of Single Family Residential - 6 (SF - 6) zoning district with a Planned
Area Development overlay.
18 GENERAL PLAN GP18-03/ ZONING Z18-04 – conduct hearing and consider:
a) adoption of a Resolution approving a Minor General Plan amendment to
change the land use classification of approximately 82 acres of real property
generally located at the southwest corner of Greenfield and Chandler Heights
Roads from Residential > 2-3.5 DU/Acre land use classification to Residential
>3.5-5 DU/Acre land use classification; and
b) approval of the findings and adoption of an Ordinance rezoning approximately
82 acres of real property generally located at the southwest of Greenfield and
Chandler Heights Roads from Single Family Residential-8 (SF-8) zoning district to
Single Family Residential-6 (SF-6) zoning district with a Planned Area
Development overlay.
19 ZONING Z17-1022 conduct hearing and consider approval of the findings and
adoption of an Ordinance amending the zoning classification of approximately
160.46 acres of real property generally located at the northwest corner of Val
Vista Drive and Chandler Heights Road from Maricopa County Rural 43 (RU-43)
zoning district to: 51.36 acres of Town of Gilbert Single Family -7 (SF-7), 35.62
acres of Town of Gilbert Single Family 8 (SF-8), and 73.48 acres of Town of
Gilbert Single Family 10 (SF-10), all with a Planned Area Development overlay
zoning district; to reduce the side yard setback requirements in SF-7 and SF-8;
and increase the lot coverage in SF-7, as shown on the Development Plan exhibit.
20 ZONING Z17-1028 conduct hearing and consider approval of the findings and
adoption of an Ordinance amending Ordinances Nos. 1142 and 1230 to amend
the conditions of development within the Gilbert Crossroad Center Planned Area
Development (PAD) for approximately approximately 43.72 acres of real
property, known as Parcel F1, generally located at the southeast corner of
Santan Village Parkway and Williams Field Road.
21 CODE OF GILBERT - conduct hearing and consider adoption of an Ordinance
amending the Code of Gilbert, Arizona, by amending Chapter 54 Streets,
Sidewalks and Other Public Places, Section 54-8 Parking Restricted or
Prohibited; and Chapter 62 Traffic and Vehicles, Article III Stopping, Standing and
Parking, Section 62-66 Presumption in Reference to Illegal Parking, and Section
62-76 Reserved related to the preservation of public peace, health, and safety of
Town-owned parking garages and lots.
22 BUDGET - conduct hearing and adopt the budgets on the 2018-2019 Street Light
Improvement Districts (SLID) and establish June 7, 2018 as the final public
hearing and adopting the tax levy for the districts.
23 BUDGET — conduct hearing and adopt the budgets on the Parkway Maintenance
Improvement District Nos. 07-1, 07-2, 07-3, 07-4, 07-5, 07-6, 07-7, 07-8, 07-9,
07-10 and 07-11 for July 1, 2018 to June 30, 2019 and establish June 7, 2018
as the date of the final public hearing and adopting a tax levy for the districts.
RECESS REGULAR MEETING AND RECONVENE IN SPECIAL MEETING
24 BUDGET - acceptance of the preliminary budget for July 1, 2018 to June 30,
2019 of $966,501,770 and establish June 7, 2018 as the date of public hearing
and adoption of the final budget.
25 BUDGET — conduct hearing regarding the FY2019 Property Tax Levy and direct
staff; if necessary, to submit an Ordinance setting the secondary property tax levy
for FY2019 at $23,250,000 for adoption on June 7, 2018.
RECESS SPECIAL MEETING AND RECONVENE IN REGULAR MEETING
ADMINISTRATIVE ITEMS
Administrative Items are for Council discussion and action. It is to the discretion of the
majority of the Council regarding public input requests on any Administrative Item.
Persons wishing to speak on an Administrative Item should complete a Request to
Speak Form and indicate the Item they wish to address. Council may or may not accept
public comment.
26 FEES – consider a motion to:
a) direct staff to publish a Notice of Intention to Increase Fees for Water,
Wastewater, Reclaimed Water, Trash Rates and Fees; and
b) set the public hearing date for August 2, 2018 at 6:30 p.m.
27 BOARDS AND COMMISSIONS – consider appointment to the Parks and
Recreation Board of:
a) three regular members with terms beginning May 13, 2018 and ending May
12, 2021; and
b) one regular member to complete the remainder of a term beginning May 3,
2018 and ending May 12, 2019.
28 COUNCIL ADMINISTRATION - consider acceptance of the Budget Report and
Contingency Report for the Third Quarter of FY2018.
29 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
POLICY ITEMS
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:
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)
COMMUNICATIONS
Report from the TOWN MANAGER on current events.
Report from the COUNCIL on current events.
Report from the MAYOR on current events.
ADJOURN
NOTICE TO PARENTS: Parents and legal guardians have the right to consent before the
Town of Gilbert makes a video or voice recording of a minor child. A.R.S. 1-602.A.9. Gilbert
Council Meetings are recorded and maybe viewed on Channel 11 and the Gilbert website.
If you permit your child to participate in the Council Meeting, a recording will be made. If
your child is seated in the audience your child may be recorded, but you may request that
your child be seated in a designated area to avoid recording. Please submit your request to
the Town Clerk.
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