Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL IN REGULAR MEETING OF THURSDAY MAY 17, 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, Senior Planner Nathan Williams, Town Engineer David Fabiano, and Parks and Recreation Director Rod Buchanan AGENDA ITEM CALL TO ORDER Mayor Jenn Daniels called the meeting to order at 6:33 p.m. PRESENTATIONS; PROCLAMATIONS 1. PROCLAMATION - Proclamation declaring May 17, 2018 as Adaptive Recreation Unified Cheer Day. Mayor Jenn Daniels recognized the gold medal winning Adaptive Recreation Unified Cheer squad. The group performed some of their cheers. PRESENTATION OF STUDENT CITIZEN OF THE MONTH AWARD Mayor Jenn Daniels and the Council presented Student Citizen of the Month Awards for April to: Thatcher DeMarr, Victoria Panez, Raena Schryer, Aaron Barnhart, Veronica Martin, Julie Guthrie, Noah Wentworth, Skylar Phillips-Wysocki, Leah Hernandez, Kaleb Johnson, Ethan Taylor, Amelia Vollmer, Eva Romero, Kellen Mendoza, Mary Kate Petersen, Kiara Myers, Presley Stillman, Wyatt Arnold, Leilanie Torres, Cameron Dugan, Brynne Halvorson, Kara Schmidt, Klara Miller, Cody Cano, Nicholas Hamacher, Lizzie Hursh, Kacia Diente, Cayley Thompson, Autumn Gossett, Miriam Sturgeon, Ainsley Snyder, Sabrina Worley, Mark Stromback, Jordan Wollangk, Mackenzie Gibson, Paige Noland, and Nick Steere. 1 INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Jordan Ray introduced the scouts in attendance who led the Pledge of Allegiance and introduced themselves. Pastor Mike Henry of Royal View Baptist Church gave the invocation. ROLL CALL Town Clerk Lisa Maxwell called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS 2. RECOGNITION - Recognition of the Gilbert Leadership Class 26 and their class project of installing Exchange Zones at the North and South Police Department locations. Vice Mayor Brigette Peterson recognized members of the Gilbert Leadership Class 26 for their class project of installing Exchange Zones at the North and South Police Department locations. COMMUNICATIONS FROM CITIZENS None. CONSENT CALENDAR A MOTION was made by Vice Mayor Brigette Peterson, seconded by Councilmember Jared Taylor, to approve Consent Items 3, 4, 5, 5A, 6, 7, 8, 9, 10, and 11. Motion carried 7-0. 3. AGREEMENT – consider approval of Amendment No. 1 to Building Lease Agreement No. 2015-3002-0521 with Desert Rock Custom Homes, LLC in an amount not to exceed $180,730 for an additional three (3) years lease of property located at 701 North Monterey Street for use as a training facility with an option to renewal for one (1) additional year and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 4. INTERGOVERNMENTAL AGREEMENT – consider approval of an amendment to Agreement No. 2014-1501-0328 with Superior Court of Arizona in Maricopa County for a two-year extension through June 30, 2020 to provide jury services for the Town and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 5. INTERGOVERNMENTAL AGREEMENT – consider approval of Gilbert's proportional cost of replacement or repair of facilities and equipment between the City of Mesa and PCL in an amount not to exceed $118,380 for the Greenfield Water Reclamation Plant Miscellaneous Equipment Replacement, Project No. WW097, pursuant to 2 Intergovernmental Agreement No. 2004-7010-0078 between the Town of Gilbert, City of Mesa and Town of Queen Creek, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 5A. AGREEMENTS – consider approval and authorize the Mayor to execute the required documents for: a) First Amendment to Employment Agreement No. 2017-1003-0644 with Town Clerk Lisa Maxwell with an effective date of May 21, 2018; b) Amendment to Employment Agreement No. 2012-1501-0245 with Presiding Judge John Hudson with an effective date of May 21, 2018; and c) First Amendment to Employment Agreement No. 2018-1004-0102 with Town Attorney Christopher Payne with an effective date of May 21, 2018. This item was approved with the Consent Calendar vote. 6. CONTRACT – consider approval of Construction Services Contract No. 2018-2106-0224 with ELS Construction, Inc. in an amount not to exceed $739,247.32 for the Santan Vista Trail – Phase II Project, Project No. PR084, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 7. CONTRACT – consider approval of a renewal of Contract No. 2005-4107-0147 with Inframark (formerly Severn Trent Services), in an amount not to exceed $3,385,677 for a period of one (1) year commencing July 1, 2018 through June 30, 2019 for the operation and maintenance of the Neely Wastewater Reclamation Plant and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 8. CONTRACT– consider approval of the guaranteed maximum price (GMP) Change Order No. 2 to Construction Manager at Risk (CM@R) Services Contract No. 2018-2106-0059 with Hunter Contracting Co. increasing the contract amount by $1,355,359 for the Construction Phase II of the street and right of way improvements at the intersection of Gilbert and Vaughn Roads, Project No. RD211, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 9. PROPERTY ACQUISITION – consider approval of a Counter Offer for Resolution No. 3 3967 acquisition of right-of-way and easements on Parcels No. 304-08-834, No. 140-69- 010, and No. 304-08-926 in an amount not to exceed $126,458.50 for the Higley and Baseline Intersection Improvements, Project No. ST174. This item was approved with the Consent Calendar vote. 10. FINAL PLAT RD-116 - consider approval of the final plat for Ash Street South of Juniper Amended, located south and west of the southwest corner of Gilbert Road and Juniper Avenue. This item was approved with the Consent Calendar vote. 11. MINUTES – consider approval of the minutes of the Regular Meeting of April 19, 2018 and Study Session of April 19, 2018. This item was approved with the Consent Calendar vote. PUBLIC HEARING Mayor Jenn Daniels opened the public hearing for Items 12, 13, 16, 17, and 17A. No one wished to speak and Mayor Jenn Daniels closed the public hearing. A MOTION was made by Councilmember Scott Anderson, seconded by Councilmember Jordan Ray, to approve public hearing Items 12, 13, 16, 17, and 17A. Motion carried 7-0. 12. LIQUOR LICENSE – conduct hearing and consider approval of a Series 7 Beer and Wine Liquor License for Pinot's Palette located at located at 2743 South Market Street, Suite 110. This item was approved with the Public Hearing Vote. 13. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for Native Grill & Wings located at 4341 East Baseline Road, Suite 108. This item was approved with the Public Hearing Vote. 14. BONDS – conduct hearing and consider: a) adoption of a Resolution to call up to $1,000,000 of bonds for early repayment; and b) authorizing a Contingency Transfer from the Capital Improvement Plan (CIP) Contingency Fund in the amount of $1,000,000. Mayor Jenn Daniels opened the public hearing on Item 14. At the request of Councilmember Eddie Cook, Office of Management and Budget Director Kelly Pfost provided a summary of Item 14. She stated the action item would set how 4 much debt would be due and how much payment the Town would want to make in FY2019. The item would not tie into a specific levy or rate; the levy would be set at the Council meeting on June 7, 2018, but the items would usually be correlated. She said if the Council agreed to set the rate at $1.03, the same as last year, it would allow $1,000,000 to be paid down in additional debt. If the Council decided to pay down only the regularly scheduled payments, the rate would be closer to $0.99. If the Council wanted to do the same levy in FY2019 that was approved in FY2018, it would result in a levy rate of about $0.96. The lesser rate would not be enough to pay the debt service; it would be approximately $650,000 short. Councilmember Eddie Cook asked about options for the $1,000,000 needed for early repayment. Office of Management and Budget Director Kelly Pfost stated if the Council approved the paying of $1,000,000 in additional payments; the amount would need to come from an additional source. Director Pfost said her recommendation would be to use the most-restricted money, which would be the fund balance in the Debt Service account, but it would bring the balance below the 5% minimum level was set by the Council. There was discussion regarding the total amount that was callable. Councilmember Victor Petersen confirmed that the goal of keeping the rate at $1.03 would provide a delta between debt service and what is collected from the levy, keeping the rate as similar as possible for taxpayers. There was also discussion about how not raising the levy would impact revenue, expenditures, and fund balances. Councilmember Victor Petersen stated it was not necessary to raise taxes in order to pay down debt. He said it was much better to reduce spending or go for General Fund Capital Improvement Plan (CIP) projects, because there was always left over money there. Councilmember Jared Taylor stated there were two options: increasing the levy to pay down debt or reducing the expenditures in certain projects. He stated he was more in favor of cost-containment and controlled-spending. Councilmember Victor Petersen said the options to ignore the policy of the minimum fund balance and honor the policy of using restricted funds first, or doing the opposite which created a challenging situation. He said based on the amount of the CIP projects that are not completed each year, there would be left over money again, and he prefers that option to raising the levy. Mayor Jenn Daniels stated her three goals for the Council were fiscal responsibility, to always adhere to the Town’s vetted financial policies, and for transparency as it related to the budget. She said the only way to adhere to all three goals was to follow the vetted process and recommendations of staff. Mayor Jenn Daniels closed the public hearing on Item 14. A MOTION was made by Councilmember Victor Petersen, seconded by Councilmember Jared Taylor, to approve Item 14, but amend it to identify General Fund Capital Projects as a source; meaning reducing the budgeted amount in that fund by $1,000,000 and 5 reallocating that to the debt service fund. Motion carried 5-2 with Mayor Jenn Daniels and Councilmember Scott Anderson casting the dissenting votes. Resolution No. 3971 was adopted. 15. ZONING AP18-01 (UP17-1045): - conduct hearing and consider appeal to the Gilbert Town Council from the Town of Gilbert Planning Commission’s denial of a Conditional Use Permit (CUP) to allow a multi-family residential use in the Regional Commercial (RC) zoning district on approximately 10 acres of real property generally located at the southeast corner of Higley Road and Michelle Way. Mayor Jenn Daniels opened the public hearing on item 15. Senior Planner Nathan Williams gave a summary of item 15 including the appeal of the Use Permit Denial to allow Multi-Family Uses in the Regional Commercial (RC) Zoning District. He provided specific details on the size, location, site plans, findings of fact, history of the original denial, and citizen concerns. He stated staff recommended the approval of the CUP which was different from the Planning Commission’s decision to deny the CUP. At the request of Councilmember Scott Anderson, Senior Planner Nathan Williams defined the term “mixed use” in regards to the project. Councilmember Jared Taylor asked about the proposed traffic signal on Michelle Way, and why it was selected there, versus Gary Way. Town Engineer David Fabiano stated the reason the signal light was planned for Michelle Way was because of the intensity of the use created by the Fry’s Store. He also confirmed that Michelle Way would not be the primary entrance and exit for the shopping center. Mayor Jenn Daniels requested that traffic counts be considered before the installation of the light at Michelle Way. At the request of Councilmember Jordan Ray, Town Engineer David Fabiano stated the Town would be increasing the turn capacity by adding a second left-turn lane for all four legs of the intersection of Baseline and Higley Roads. He said the project was set to begin later in the current year and the duration would be nine months once construction began. The following individuals were present and against Item 15, but did not wish to speak: Al Schleappe, Kerry Schleappe, Fawn Teague, Connie Roberts, Harlen Ely, Jessyca Hatch, Crawford, Jared Christensen, Nick Hammer, Sandy Thigpin, Robert Thigpin, Brad Saager, Len Greer, Julie Greer, Darren Sparks, Russell Crotts, Vickie Kingsford, Troy Kingsford, and Marcia Presberry. Stephen Biggs, Gilbert resident, stated he lived directly east of the proposed project. He said the approval of the item would set a dangerous precedent, allowing any Multi-Family Use in any Regional-Commercial District just because it had pedestrian access points. He said the project did not integrate well. 6 Terri De Jong, Gilbert resident, stated she lived across the street from the project and expressed concerns with a lack of buffer space. She said new residents of the complex will be able to see directly into her windows, not allowing her to use windows or outdoor space. Shawn Irwin, Gilbert resident, stated he believed the new complex would be detrimental to the health, safety, and general welfare of residents. He referenced a study that mapped relationships between land use and crime, stating crime was directly correlated to residential land use by being a key factor in the promotion of crime, with generally higher rates in areas of high density residential development where mixed with commercial property. Trey Lynn, Gilbert resident, spoke on behalf of the Villa Bella Community where he resides. He said the developer was seeking to do something different with the property than the zoning currently allows, stating the developer had not met the conditions of the Conditional Use Permit. He stated the apartment complex was not a Mixed Use facility, there was no integration, and it would set a dangerous precedent. He also stated it was not a compact design, claiming the complex would create a more urban area, increasing the potential for crime and decreasing property values. Susan Heinz, Gilbert resident, stated she was not in support of the item because Gilbert is becoming a mini-Los Angeles. She stated there is more crime and are more accidents as Gilbert grows. She asked that services for the elderly be brought into the area. Brennan Ray, attorney for the applicant, addressed specific concerns brought forth by the residents in the area. He stated the item before the Council was not a rezoning matter, but rather a matter of meeting the Use Permit findings. He stated the City Gate Development was a classic example of Mixed Use with two hotels, an assisted living and memory care facility, a retirement community, a grocery store, and apartments - a mix of Non- Commercial, horizontal Mixed Use. He stated the Regional Commercial classification, as defined in the Town’s General Plan, is a broad range of high intensity uses, emphasizing Retail Commercial uses. He stated the project was within the specified height requirement, and they had not requested any deviation from the setbacks in Regional Commercial. He stated the proposed area was in the Baseline Medical Growth Area; the Town’s General Plan, Goal 4.0 from Policy 4.4, states that high density housing is encouraged near large employment centers and/or transportation corridors. He also addressed concerns relating to crime, stating safety standards were high, including background checks for residents and provisions in the lease. In regards to buffering, he stated there was sufficient separation, buffering, and landscaping. He stated the site did satisfy the criteria, there was support in the General Plan that encouraged that type of development, and they believed the Use Permit findings had been met. Councilmember Victor Petersen asked about gaps in privacy with the properties to the west. Attorney Brennan Ray stated though a good amount of landscaping did exist, they were more than happy to speak with the homeowner’s association regarding enhancement and replacement of landscaping. 7 Councilmember Scott Anderson said in the minutes from the Planning Commission meeting in February, it stated the project did achieve Mixed Use. He said in the minutes from the Planning Commission meeting in April, the project was declared to not be Mixed Use. Attorney Brennan Ray stated he did not know why there was a change, but stated the same plan was presented at both meetings, with the exception of the design. Councilmember Eddie Cook stated he had always been an advocate of keeping commercial areas for commercial use, and he was not in support of the item. Councilmember Jordan Ray thanked everyone for attending the meeting and sharing their thoughts. He also expressed appreciation to the applicant, the Barclay Group. He stated though he liked the project and developer, he did not feel it was the right location at the right time, so he would not be in support of the item. Councilmember Victor Petersen thanked residents at the meeting for their well-articulated arguments. He stated his decision was based on property rights and said it was a “Use-by- Right” as long as the conditions had been met. He stated he believed the conditions had been met and he would be supporting the item. He said with Regional Commercial as the zoning, any Commercial Use would have more impact to a Residential area than this project would, stating High Intensity Commercial would have more impact as far as noise, privacy, and traffic. Councilmember Scott Anderson stated the underlying zoning will stay Regional Commercial. He stated it was “Use-by-Right”, as long the criteria are met. He said Council’s responsibility was to set the general policies and let the market react to the direction that Council gave through the General Plan (GP). He said the GP highly encouraged the use of vertical development overlay zoning to achieve maximum density, adding most of the nearby residents’ concerns could be addressed through design. He said he would be supporting the item because he was supporting the policies of the GP. Councilmember Jared Taylor stated he agreed that the legal aspects were being satisfied. He stated the property rights of all parties are equal, but if they are doing things within the law, their rights should be secure. He said he would be supporting the item. Vice Mayor Brigette Peterson stated though she saw both perspectives and could argue the case either way, she was in support of the item, because she did feel the applicant met the criteria and could be supported in this location. She also gave an example of how some commercial areas cannot be successful without Multi-Family housing nearby. Mayor Jenn Daniels stated she considered each of these cases on an individual basis, looking at both merits of the case and surrounding property uses. She said she was not in support of this item based on its merits. She stated the Fry’s Store would not fail without the Multi-Family project. She said she did see a need for additional uses in that area that were not Multi-Family, adding there was not a shortage of opportunity for people to live and work in Gilbert. Mayor Jenn Daniels closed the public hearing on item 15. 8 A MOTION was made by Councilmember Victor Petersen, seconded by Councilmember Jared Taylor, to overturn the Town of Gilbert Planning Commission’s denial of a Conditional Use Permit UP17-1045. Motion carried 4-3 with Mayor Jenn Daniels and Councilmembers Eddie Cook and Jordan Ray casting the dissenting vote. 16. PROPERTY ACQUISITION – conduct hearing and consider adoption of a Resolution approving the acquisition of Temporary Construction Easements on Parcel No. 302-16-972, No. 302-16-974, No. 302-16-975, and No. 304-16-837 in a total amount not to exceed $22,368 per year for the Heritage District Transportation Improvements, Project No. RD211. This item was approved with the Public Hearing Vote. Resolution No. 3972 was adopted. 17. 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 15-1 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 Public Hearing Vote. Ordinance No. 2663 was adopted. 17A. CODE OF GILBERT - conduct hearing and consider adoption of an Ordinance amending the Code of Gilbert, Arizona, by amending Chapter 6 Animals, Article 1 In General, by adding Section 6-7 Feeding related to feeding wild or feral mammals. This item was approved with the Public Hearing Vote. Ordinance No. 2664 was adopted. ADMINISTRATIVE ITEMS 18. CODE OF GILBERT - discussion and direction to staff regarding an amendment to the Land Development Code (LDC) 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. Councilmember Victor Petersen presented a graphic showing the height of the smallest accessory structure he could find that was over 15 feet. He stated specifying the limit at 6 feet was not useful and raising the height limitation to 10 or 15 feet should be considered, depending on public input. He requested that that height limitation be analyzed. 9 Mayor Jenn Daniels directed staff to take this item back to Planning Commission. 19.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 No discussion. 21A. PARKS - consider adoption of a Resolution to approve a Parks name change for Gilbert Regional Park and Rittenhouse District Park, and authorize the Mayor and Council to select the official name changes: a) The top five (5) recommendations from the Parks and Recreation Board for Gilbert Regional Park are Gilbert Regional Park, Mountain View Regional Park, The Gilbert Explorer, Gilbert Park South, and Desert Oasis; and b) The top four (4) recommendations from the Parks and Recreation Board for Rittenhouse District Park are Trailblazer Park, Sportsman Park, Mountain View Recreational Park, and Oasis at Gilbert Valley. Parks and Recreation Director Rod Buchanan said an extensive public outreach was done and the top recommended names were being presented to the Council. He said that the Council was not required to choose one of the names as presented. There was discussion and brainstorming regarding options. The majority of the Council preferred having Gilbert in the name for the Regional Park. For the Regional Park, suggestions included: Gilbert Regional Park, Gilbert Centennial Park, Timberlake Park, Patriot Park, Independence Park, Constitution Park, Freedom Park, San Tan Vista Park, Sonoqui Park, Gilbert South Regional Park, or a name incorporating Ocotillo Road. 10 For the Rittenhouse Park, suggestions included: Power Sports Park, First Responders Park, Gilbert Responders Park, Gateway Park, Williams Air Field Park, or a name related to either sports or the potential public training facility. Mayor Jenn Daniels stated the Council has moved away from the recommendation in the packet. She asked the item be continued until a later date. POLICY ITEMS None. FUTURE MEETINGS No discussion. COMMUNICATIONS Report from the TOWN MANAGER on current events. Manager Patrick Banger had nothing to report. Report from the COUNCIL on current events. Councilmember Jared Taylor congratulated the Class of 2018 and encouraged graduates to be safe. Report from the MAYOR on current events. Mayor Jenn Daniels had nothing to report. RECESS REGULAR MEETING AND RECONVENE IN EXECUTIVE SESSION A MOTION was made by Vice Mayor Brigette Peterson, seconded by Councilmember Jared Taylor, to recess the Regular Meeting and reconvene in Executive Session pursuant to: a) A.R.S. § 38-431.03(A)(3), (4) & (7) for discussion and consultation with designated Town representative and legal advice with Town Attorney on potential sponsorships and operating model for Elliot District Park; and b) A.R.S. § 38-431.03(A)(3),(4) for discussion or consultation with designated Town representations and for legal advice with the Town Attorney in order to consider its position and instruct the Town Attorney regarding the Town’s position regarding Project Barley development agreement that is the subject of negotiations related to economic development and job creation in the Town. c) 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 11 concerning the sale of park land. Motion carried 7-0. Mayor Jenn Daniels recessed the meeting at 9:01 p.m. ADJOURN EXECUTIVE SESSION AND RECONVENE REGULAR MEETING Mayor Jenn Daniels reconvened the Regular meeting at 9:48 p.m. ADJOURN Mayor Jenn Daniels adjourned meeting at 9:48 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 17th 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 12