Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF THURSDAY, JUNE 21, 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, Interim Parks and Recreation Director Robert Carmona, Development Services Director Kyle Mieras, Police Chief Michael Soelberg, Fire Chief Jim Jobusch, and Town Engineer David Fabiano AGENDA ITEM CALL TO ORDER Mayor Jenn Daniels called the meeting to order at 6:30 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Jared Taylor introduced recent high school graduates in attendance who led the Pledge of Allegiance and introduced themselves. Reverend Judy Cato of Victory African Methodist Episcopal Church gave the invocation. ROLL CALL Town Clerk Lisa Maxwell called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS 1. RECOGNITION - Recognition of Linda Edwards, Planning Services Manager, for 17 years of service to the Town of Gilbert. Mayor Jenn Daniels and Vice Mayor Brigette Peterson recognized Linda Edwards for 17 years of service to the Town of Gilbert. Not only has Linda worked in the Planning Department, she served on the Planning Commission and Design Review Board as well. COMMUNICATIONS FROM CITIZENS Joe Guesic, Gilbert resident, stated he appreciated what every single member of the Council does every meeting. He appreciated how respectful everyone is to each other and 1 how they hold civil discussions. Mr. Guesic noted a time is coming when growth ends and Council needs to plan for when that time comes. CONSENT CALENDAR A MOTION was made by Vice Mayor Brigette Peterson, seconded by Councilmember Eddie Cook, to approve Consent Items 2, 3, 4, 5, 5A, 5B, 5D as amended, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 19A, 21, 22, 24, and 27; and remove Items 5C, 6, 20, 23, 25, 26, and 28 from the Consent Calendar. Motion carried 7-0. 2. ANNEXATION A17-1000 – consider adoption of an Ordinance approving the annexation of approximately 11.86 acres located south of East Lexington Street and west of South Lindsay Road. A public hearing was held on April 19, 2018. This item was approved with the Consent Calendar vote. Ordinance No. 2667 was adopted. 3. AGREEMENT – consider approval of Environmental Access Agreement No. 2018-9000- 0317 with the Arizona Department of Environmental Quality (ADEQ) to drill a monitoring well and sample groundwater on the north side of the Sunrise Boulevard alignment, approximately 70 feet west of the intersection with Pasadena Street and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 4. AGREEMENT – consider approval of Environmental Access Agreement No. 2018-9000- 0316 with the Arizona Department of Environmental Quality (ADEQ) to drill a monitoring well and sample groundwater on the north side of Melody Avenue, approximately 800 feet east of the intersection with McQueen Road and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 5. AGREEMENT – consider ratifying License Agreement No. 2018-2105-0322 with CNS Ventures, LLC for the use of five (5) parking spaces located behind Heritage Court, north of Cullumber Avenue, as a location for a temporary refuse container for the period of June 12 through September 14, 2018 in exchange for payment of $140.40 to the Town and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 5A. DEVELOPMENT AGREEMENT – consider adoption of a Resolution approving Amendment No. 3 to the Development and Disposition Agreement with Gilbert Market Partners, LLC for property located at the southeast corner of Vaughn Avenue and Ash Street (Site A) and authorize the Mayor to execute the required documents. 2 This item was approved with the Consent Calendar vote. Resolution No. 3976 was adopted. 5B. DEVELOPMENT AGREEMENT – consider adoption of a Resolution approving Amendment No. 3 to the Development and Disposition Agreement with Market Partners, LLC for the property located on North Gilbert Road, south of Vaughn Avenue designated as Parcel No. 302-16-053 (Site B) and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 3977 was adopted. 5C. DEVELOPMENT AGREEMENT – consider: a) adoption of a Resolution approving an Amendment No. 5 to the Development Agreement with NRI-Rivulon related to the development of approximately 300 acres bordered by Gilbert Road on the west, Pecos Road on the north, Lindsay Road on the east and the Loop 202 on the south, and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the Economic Development Reserve Contingency fund in the amount of $150,000. Councilmember Victor Petersen said he did not support paying private entities to build private buildings for private use. He said the $11,300,000 contribution for the Interstate 202 exchange has put the Town over a barrel. He said he would be supporting the item, but he cautioned that if staff is uncertain about timeframes then two or three years should be added when the deadline and design approvals are unknown. A MOTION was made by Councilmember Eddie Cook, seconded by Vice Mayor Brigette Peterson, to approve item no. 5C. Motion carried 7-0. Resolution No. 3978 was adopted. 5D. AGREEMENT –consider and authorize the Mayor to execute the required documents: a) adoption of a Resolution approving the Lease Agreement No. 2018-4108-0327 with the United States Of America, the San Carlos Apache Tribe, and the Town of Gilbert in the amount of $31,208,238 for the lease of 5,925 acre-feet of Central Arizona Project (CAP) water for a period of 100 years; b) adoption of a Resolution approving an internal loan from the Water Replacement Fund in the amount of $10,998,238 for the San Carlos Apache Tribe Central Arizona Project Lease, and declaring an emergency; and c) a Contingency Transfer from the Water Resources System Development Fees in the amount of $20,210,000. 3 This item was approved as amended by removing the amount of $10,998,238 from part (b) with the Consent Calendar vote. Resolution No. 3979 and No. 3980 were adopted. 6. INTERGOVERNMENTAL AGREEMENT – consider approval of: a) amendment to Intergovernmental Agreement No. 2018-3001-0290 with Regional Public Transportation Authority in the amount of $923,598 to provide bus services and Paratransit services for eligible residents and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the Local Transportation Assistance Funding (LTAF) in the amount of $83,598. Councilmember Victor Petersen stated he did not support the item, noting with new transportation opportunities there may be better ways to use these dollars. A MOTION was made by Vice Mayor Brigette Petersen, seconded by Councilmember Scott Anderson, to approve Item 6. Motion carried 5-2 with Councilmembers Victor Petersen and Jared Taylor casting the dissenting votes. 7. CONTRACT – consider approval of Contract No. 2018-1105-0305 with Hexagon in an amount not to exceed $218,874 for the support and maintenance for a suite of applications including computer aided dispatch (CAD), mobile for public safety (MPS) used in patrol cars, records management system (RMS) and related integrations and enhancements 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 Contract No. 2015-1105-0643 with Tyler Technologies in an amount not to exceed $246,961.82 for annual support and maintenance of MUNIS software and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 9. CONTRACT – consider approval of Agreement for Services Contract No. 2018-1302- 0228 with PFM Asset Management LLC for Investment Management Services for a term of two (2) years with an option of two (2) additional two (2) year renewals and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 10. CONTRACT – consider approval of: a) Cooperative Purchasing Job Order Contract (JOC) Contract No. 2018-2106-0297 with Felix Construction, Inc. utilizing City of Peoria Contract No. P18-0044A in an amount not to exceed $1,800,000 for a period of one year with the option to renew for four (4) additional 4 one (1) year periods for the North Water Plant Chlorine Conversion, Project No. WA055, and authorize the Mayor to execute the required documents; and b) Job Order No. 1 to Job Order Contract No. 2018-2106-0297 with Felix Construction, Inc. in an amount not to exceed $190,250.64 for the chlorine conversion chemical storage tank procurement and related construction services and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 11.CONTRACT – consider approval of Purchase Contract No. 2018-3002-0208 (MUNIS No. 319000208) with United Fire Equipment Company in an amount not to exceed $144,200 for the purchase of duty uniforms for FY2019 and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 12.CONTRACT – consider: a) approval of Services Agreement Contract No. 2018-1304-0321 with BOMT Systems, LLC in an amount not to exceed $122,460 for the Tax Integration and Licensing Application (TILA) and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the General Fund Contingency fund in the amount of $70,000. This item was approved with the Consent Calendar vote. 13.CONTRACT – consider approval of a Cooperative Purchase Agreement No. 2018-2106- 0295 with Valley Rain Construction Corporation utilizing City of Peoria Contract No. P13- 0063A in an amount not to exceed $361,866.26 including taxes for installation of a reclaimed water line to Welcome Home Veterans Park, Project No. MF237, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 14.CONTRACT – consider approval of: a) Service Agreement Contract No. 2018-2106-0294 with e-Builder, Inc. in an amount not to exceed $301,972.02 for Project Management Software and Implementation, Project No. MF243, and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the Capital Improvement Projects (CIP) Contingency Fund in the amount of $99,760. This item was approved with the Consent Calendar vote. 5 15.CONTRACT – consider approval of: a) Construction Services Contract No. 2018-2106-0253 with M.R. Tanner Development & Construction Inc. in an amount not to exceed $950,000 for the Higley Road Reconstruction, Project No. ST176, and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the Roadway and Maintenance Fund to in the amount of $90,000. This item was approved with the Consent Calendar vote. 16.CONTRACT – consider approval of expenditures under Contract No. 2017-1105-0454 with Sentinel Technologies, Inc. in an amount not to exceed $435,000 to provide network infrastructure products and services in FY2019 and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 17.CONTRACT – consider approval of Task Order No. 51 to Job Order Contract (JOC) Contract No. 2017-2106-0411 with CS Construction, Inc. in an amount not to exceed $362,965 to install streetlights in the Stonebridge Lakes subdivision, Project No. ST170, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 18.CONTRACT – consider approval of Task Order No. 91 to Job Order Contract (JOC) Contract No. 2014-4106-0291 with Talis Corporation in an amount not to exceed $365,404.75 for the Welcome Home Veterans Park Parking Lot Phase II, Project No. MF237, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 19.CONTRACT – consider approval of: a) Task Order No. 5 to Job Order Contract (JOC) Contract No. 2017-2106-0666 with MGC Contractors, Inc. in an amount not to exceed $127,119.21 for construction and site restoration at McQueen Park, Project No. WW100, and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the Wastewater Fund in the amount of $140,000. This item was approved with the Consent Calendar vote. 19A. CONTRACT – consider approval of Task Order No. 16 to Job Order Contract (JOC) Contract No. 2016-4107-0019 with B&F Construction in an amount not to exceed 6 $400,000 for temporary repair of the Crossroads Force Main at Greenfield and Pecos Roads, Project No. WW105, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 20.CHANGE ORDER – consider approval of Change Order No. 1 to Architectural Engineering (A/E) Services Contract No. 2017-2106-0621 with HDA Architects, LLC increasing the contract amount by $719,938 for the design and engineering services for the Gilbert Public Safety Training Facility, Project No. MF040, and authorize the Mayor to execute the required documents. Councilmember Victor Petersen stated he did not support the item, as he did not agree with the change in the increase of scope. A MOTION was made by Councilmember Eddie Cook, seconded by Vice Mayor Brigette Petersen, to approve Item 20. Motion carried 5-2 with Councilmembers Victor Petersen and Jared Taylor casting the dissenting votes. 21.CHANGE ORDER – consider approval of Change Order No. 1 to Professional Consulting Services Contract No. 2018-2106-0122 with Overland, Pacific & Cutler, LLC. increasing the contract amount by $11,993.71 for services in the acquisition of Right of Way and Temporary Construction Easements for the Heritage District Transportation Improvement Project, Project No. RD211, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 22.CHANGE ORDER – consider approval of Change Order No. 2 to Contract No. 2017-5002- 0578 with Sierra Signs increasing the contract amount by $75,202.80 for the manufacturing of Parks and Trails Signage, Project No. PR056, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 23.GRANT/CONTRACT– consider: a) acceptance of a grant, Contract No. 2018-1103-0089, from Congestion Mitigation and Air Quality (CMAQ) improvement grant funding in the amount of $744,827 with the Town's matching funds of $244,335 coming from the Environmental Services – Residential Replacement Fund; and b) utilizing Cooperative Purchase Agreement Contract No. 2018-1103-0089 with Freightliner of Arizona in an amount not to exceed $798,474 for the purchase of three (3) PM-10 Certified Street Sweepers. Councilmember Victor Petersen said he did not support this item and requested a separate vote. 7 A MOTION was made by Councilmember Eddie Cook, seconded by Councilmember Scott Anderson, to approve Item 23. Motion carried 5-2 with Councilmembers Victor Petersen and Jared Taylor casting the dissenting votes. 24.BUDGET– consider approval of a Contingency Transfer from General Fund Contingency in the amount of $2,000,000 to complete the final payments and close out the development agreement with Santan Motorplex. This item was approved with the Consent Calendar vote. 25.BUDGET/CHANGE ORDER – consider: a) approval of an additional $2,656,560 to fund maintenance and repairs at Elliot District Park, Project No. PR125; b) approval of Change Order No. 2 to Contract No. 2016-2018-0197 with Haydon Building Corp. increasing the contract amount by $301,268 for modifications to dugout drainage system, Project No. PR125, and authorize the Mayor to execute the required documents; c) a Contingency Transfer of $918,400 of Census reimbursements from the Streets fund; d) a Contingency Transfer of $818,160 from the General Fund Contingency fund; e) use of $570,000 in Insurance savings; and f) use of $350,000 from additional State Shared Revenue from population growth. Councilmember Victor Petersen expressed concern about the estimated 23 full time employees requested for the facility. He said he would like to continue the item to allow more time for the collection of data on revenue and to explore the opportunity for partnerships. Councilmember Jared Taylor asked about the settlement money and if it could cover the project, versus using the contingency fund. He stated he would be willing to support bringing the facility up to the standards of the other facilities, but not “gold plating” it. Town Manager Patrick Banger stated the settlement money would be used for the necessary repairs at the park. He said with the operational dollars, the Town is working on securing advertising on an ongoing basis to buy down the costs of the operations. He noted there will be savings in being able to open the fields for access to the residents and avoid the capital costs of building additional fields. He stated the plans were not for gold- plating the facility, but to bring the facility back to a safe condition that is on par with the other Town facilities. He said there will be savings by having the Town operate the facility, but the maintenance cost of this facility going forward will always be the Town’s responsibility. Councilmember Victor Petersen stated selling the facility was still an option. 8 Interim Parks and Recreation Director Robert Carmona stated the long term Field Needs Assessment Study showed Gilbert would need 15 additional fields over the buildout of Gilbert, but it could be reduced to a combination of seven or eight fields. Councilmember Eddie Cook stated there would be a savings of $2,000,000 per field by not building new fields in the future. He said this was a good opportunity to reset and get the facility up and running. He noted he was looking forward to the park being a community destination and to possible public-private partnerships in the future. Councilmember Scott Anderson stated the maintenance of the park was a wise investment that will address a need the Town will have in the future. Vice Mayor Brigette Peterson stated the facility was amazing and will fill a lot of needs when it is ready. Mayor Jenn Daniels stated she was supportive of bringing the facility up to Gilbert’s standards. She said by design, the park would have substantially more cost recovery and cost-recovery options than any of the other park facilities. She said there was an incredible benefit to the park. A MOTION was made by Councilmember Eddie Cook, seconded by Councilmember Jared Taylor, to approve item 25. Motion carried 7-0. 26.BUDGET/ HUMAN RESOURCES – consider authorization of an additional 22.75 Full Time Equivalent (FTE) positions for Gilbert Parks and Recreation for operations of Elliot District Park. Councilmember Victor Petersen stated he is in support of not having to build new fields, but said the staffing ratios were twice the normal amount. He said he did not have the numbers of staffing, nor did he have the analysis of revenue. Mayor Jenn Daniels asked if continuing the item would be of benefit in order to discuss the vision of the park moving forward. There was discussion about the amount of staff needed and how the delay of the item would affect the recruitment of the complex supervisor and the booking of tournaments. Interim Parks and Recreation Director Robert Carmona stated the complex supervisor would be needed in regards to booking and that other maintenance positions would be gradually brought on throughout the year. Mayor Jenn Daniels proposed authorizing two positions until further discussion and analysis is done. 9 A MOTION was made Councilmember Victor Petersen, seconded by Vice Mayor Brigette Peterson, to authorize two positions for operations at Elliot District Park. Motion carried 7- 0. 27.PROPERTY SALE - consider authorizing town staff: a) to conduct an auction on August 14, 2018, for Gilbert surplus land of approximately 58 acres of real property generally located at the southwest corner of Germann and Greenfield roads, for the purpose of identifying the highest bidder for cash, pursuant to A.R.S. 9-403; and b) to conduct an auction on September 11, 2018 for Gilbert surplus land of approximately 80 acres of real property generally located at the southwest corner of Chandler Heights and Greenfield roads, for the purpose of identifying the highest bidder for cash, pursuant to A.R.S. 9-403. This item was approved with the Consent Calendar vote. 28.ELECTIONS - consider adoption of a Resolution for a Call of Election for a Special Bond Election on November 6, 2018. Police Chief Michael Soelberg discussed the needs of the Police and Fire Departments in terms of training. Town Manager Patrick Banger covered the financial impact of the bond authorization on Gilbert residents. There was discussion about the training needs and financial details. Benjamin Lovein, Gilbert resident, stated him and his wife moved here from a neighboring community. They are excited to live in a safe community and they wish it to stay that way. Brian Ray, Gilbert resident, said he has lived here most of his life. He would like to see the police and fire personnel have the facilities they need to receive the training required. Michael Vallecillos, Gilbert resident, said he is thankful to live in a safe community and he thanked all the police and firemen who work in the Town. The following individuals were present and in support of Item 28, but did not wish to speak: Farrah Ashcraft, Seth Beckstead, John Clarke, Ryan Ellenberger, Zachary Farnsworth, Emily Havey, Brogan Heath, Jacob Hicks, Colby Johnson, Cade Loar, Dean Millett, Makyla Poe, Austin Peterson, Noelia Root, Nathaniel Schulz, Allyson Smith, Preston Tilley, and Christian Wilhelm. Councilmember Jordan Ray said he believed it is most appropriate to let voters decide whether or not they wish to authorize the sale of bonds for this facility. Councilmember Eddie Cook stated he went to neighboring communities last year and offered them $6,000,000 to invest in their facilities in exchange for perpetual use of their training facilities. His request was refused by all the communities he approached. He said 10 he came to the realization that this facility was needed and he thinks the voters need to make the decision regarding the authorization of a bond sale. Councilmember Eddie Cook read a letter he received from former Mayor John Lewis in support of this facility. Vice Mayor Brigette Peterson stated she had attended public safety graduation ceremonies at others facilities recently. She spoke of the scheduling issues the Town and surrounding communities have and the need to set up the Town for the long-term future training needs. Councilmember Jared Taylor said he was committed to public safety. He said this was not an all or nothing option and he would like to review other options. He did believe there was a need but he differed in how it should be financed. Councilmember Jared Taylor discussed those additional options. He believed voters would not approve a bond authorization and it would delay construction of this facility. He would like to find ways to lower costs so the facility can be built without using any bond money. Councilmember Scott Anderson said this was a big decision that needed to be made by the community. He had some initial reservations, but after seeing the tax rates his perception of what was possible changed. He said once the community realizes the importance of the facility and how it can be done within the existing tax structure, he does not feel the bond would go down in defeat. Councilmember Victor Petersen said there was a need for a facility, but he did not believe $91,000,000 is needed. He provided the example of using the empty classrooms in other Town buildings versus building more at the new facility. He stated that Gilbert has the lowest ratio of police officers per citizens and also has the lowest crime rate. He said Gilbert was a special place and Gilbert’s needs do not track along the same lines of other communities. He said making more with less has served Gilbert well, stating he would prefer asking for $47,000,000 in bond authorization. He would like to build what the Town needs now and add later as needed. Mayor Jenn Daniels said she appreciated the diligent work done by the Councilmembers and the Town staff, noting about three years of discussion and the analysis had been done. She stated the Town could build as needed, but she believed it was critical for the Council to remember public safety was a pillar of the community and the importance of looking at lifetime future needs. A MOTION was made by Councilmember Eddie Cook, seconded by Councilmember Jordan Ray, to approve item 28. A MOTION was made by Councilmember Victor Petersen, seconded by Councilmember Jared Taylor, to amend the motion to change the bond request amount to $47,000,000. Motion failed 2-5 with Councilmembers Victor Petersen and Jared Taylor casting the assenting votes. A vote was taken on the original motion. Motion carried 5-2, with Councilmembers Victor Petersen and Jared Taylor casting the dissenting votes. Resolution No. 3981 was adopted. 11 PUBLIC HEARING Mayor Jenn Daniels opened the public hearing for Items 30, 31, 32, 33, 34, 35, 36, 37, 40, 42, and 42A. No one wished to speak and Mayor Jenn Daniels closed the public hearing. A MOTION was made by Councilmember Eddie Cook, seconded by Vice Mayor Brigette Peterson, to approve public hearing Items 30, 31, 32, 33, 34, 35, 36, 37, 40, 42, and 42A. Motion carried 7-0. 29.LIQUOR LICENSE – conduct hearing and consider approval of sampling privileges for an existing Series 9 Liquor Store Liquor License for Trader Joe's #285 located at 1795 East Williams Field Road. Mayor Jenn Daniels opened the public hearing on item 29. Councilmember Jared Taylor asked to vote separately. Mayor Jenn Daniels closed the public hearing on item 29. A MOTION was made by Vice Mayor Brigette Petersen, seconded by Councilmember Eddie Cook, to approve item 29. Motion carried 6-1, with Councilmember Jared Taylor casting the dissenting vote. 30.LIQUOR LICENSE – conduct hearing and consider approval of a Series 3 In-State Microbrewery Liquor License for Uncle Bear's Brewery located at 612 East Germann Road. This item was approved with the Public Hearing Vote. 31.ANNEXATION A18-02 – conduct hearing on the proposed annexation of approximately 26.2 acres located at the southwest corner of Recker and Ocotillo Roads. This item was approved with the Public Hearing Vote. 32.GENERAL PLAN GP18-01/ ZONING Z18-02 – conduct hearing and consider: a) adoption of a Resolution approving a Minor General Plan amendment to change the land use classification of approximately 36.60 located at Spectrum Way and Pecos Road from Business Park (BP) land use classification to General Commercial (GC) land use classification; and b) approval of the findings and adoption of an Ordinance for BWZ Auto Holding rezoning approximately 9.92 acres of real property generally located at 1101 East Pecos Road from Business Park (BP) zoning district to General Commercial (GC) zoning district. This item was approved with the Public Hearing Vote. Resolution No. 3982 and Ordinance No. 2668 were adopted. 12 33.ZONING Z17-1014 - conduct hearing and consider approval of the findings and adoption of an Ordinance for Rivulon amending the zoning classification of approximately 50.86 acres of real property generally located south of Lexington Street between 140th Street and Lindsay Road from Maricopa County Rural - 43(RU-43) zoning district and an undesignated zoning district to Town of Gilbert Business Park (BP) zoning district and to include the subject property into the existing Rivulon Planned Area Development overlay zoning district (PAD). The effect of the rezoning will be to permit office development that serves high technology, research and development, office, service and light industrial uses, as modified by an overlay district. This item was approved with the Public Hearing Vote. Ordinance No. 2669 was adopted. 34.ZONING Z18-10 - conduct hearing and consider approval of the findings and adoption of an Ordinance for Greenfield Ranch to amend Ordinance No. 2642 to amend the conditions of development within the Greenfield Ranch Planned Area Development (PAD) for approximately 33.5 acres of real property generally located at the northeast corner of Greenfield and Queen Creek Roads, consisting of approximately 7.11 acres of Single Family-15 (SF-15) and 26.35 acres of Single Family-10 (SF-10) zoning districts, all 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 as follows: Amend the minimum front building setback for a side entry garage from 20' to 15' in the Single Family-10 zoning district. The effect of amendment will be to decrease required setbacks for side entry garages. This item was approved with the Public Hearing Vote. Ordinance No. 2670 was adopted. 35.ZONING Z18-16 - conduct hearing and consider approval of the findings and adoption of an Ordinance for HHB Heights amending the zoning classification of approximately 13.11 acres of real property located north of the northeast corner of Chandler Heights Road and Val Vista Drive from Single Family-15 (SF-15) zoning district with Planned Area Development zoning district to Single Family-15 (SF-15) zoning district with a Planned Area Development Overlay. This item was approved with the Public Hearing Vote. Ordinance No. 2671 was adopted. 36.ZONING Z18-12 - conduct hearing and consider approval of the findings and adoption of an Ordinance for Hale Theater Expansion amending the zoning classification of approximately 1.18 acres of real property located at 50 West Page Avenue, from Town of Gilbert Heritage Village Center (HVC) Planned Area Development (PAD) zoning district to Town of Gilbert Heritage Village Center (HVC) zoning district. This item was approved with the Public Hearing Vote. Ordinance No. 2672 was adopted. 37.DEVELOPMENT AGREEMENT – consider adoption of a Resolution approving Amendment No. 2 to the Development Agreement with Dave Deitlein, DBA Hale Center Theatre, for expansion of the Hale Theatre and authorize the Mayor to execute the required documents. 13 This item was approved with the Public Hearing Vote. Resolution No. 3983 was adopted. 38.PROPERTY ACQUISITION – conduct hearing and consider adoption of a Resolution approving the acquisition of right of way and temporary construction easement of Parcel No. 304-11-134A for the Heritage District Transportation Improvements, Project No. RD211. Continued to August 2, 2018 Council meeting. 39.PROPERTY ACQUISITION – conduct hearing and consider adoption of a Resolution approving the acquisition of right-of-way and temporary construction easement of Parcel No. 304-11-145A for the Heritage District Transportation Improvements, Project No. RD211. Continued to August 2, 2018 Council meeting. 40.PROPERTY ACQUISITION – conduct hearing and consider approving the acquisition of right-of-way and easements and additional compensation for Parcel Nos. 304-08-835 and 140-69-009 for the improvements to the Higley Road and Baseline Road Intersection, Project No. ST174. This item was approved with the Public Hearing Vote. 41.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 VIII Utility Lines, Sections 10-252 Underground Installation Generally and 10-254 Same - Waiver of Requirements related to the undergrounding of utilities. Mayor Jenn Daniels opened the public hearing on item 41. Councilmember Victor Petersen said he would like to change the half mile to a quarter mile on residential and a quarter mile to an eighth of a mile on non-residential appeals. Mayor Jenn Daniels asked Councilmember Victor Petersen to explain his reasoning. Development Services Director Kyle Mieras provided a brief history of requirement waivers that were granted in the past. He stated he only recalled two or three waivers that were granted in the past five years and said none would have passed the test of the new requirement. Mayor Jenn Daniels stated there was benefit to making the requirement harder, not easier, listing visual and safety benefits. She stated she was in favor of moving forward as written. Mayor Jenn Daniels closed the public hearing on item 41. A MOTION was made by Councilmember Victor Petersen, amending Section 1, regarding waivers, to change the half mile to a quarter mile on residential and a quarter mile to an 14 eighth of a mile on non-residential. Motion carried 4-3, with Mayor Jenn Daniels and Councilmembers Scott Anderson and Jordan Ray casting the dissenting votes. Ordinance No. 2673 was adopted. 42.FEES – request continuation of the public hearing on Proposed Development Services fees until end of FY2019. This item was approved with the Public Hearing Vote. 42A. BUDGET - conduct hearing on the 2018-2019 Street Light Improvement Districts (SLID) and establish August 2, 2018 as the final public hearing and adopting the tax levy for the districts. This item was approved with the Public Hearing Vote. Councilmember Jordan Ray left the meeting. ADMINISTRATIVE ITEMS 43.PRESENTATION - Presentation on an alternative for Southeast Regional Library Water Feature and Parking Lot Rehabilitation, Project No. PR111. Town Engineer David Fabiano gave an overview of the history of the project to date and he discussed the recommended option of the task force that looked at this project. The proposed site plan would open up the parking lot so traffic can flow from the lot off Guadalupe Road to the lot off of Greenfield Road. There was also discussion regarding possible funding sources. He stated the proposed design did not include an active, flowing water feature. There was discussion regarding traffic flow and safety. Councilmember Eddie Cook stated he was in support of the item and did like the design. Vice Mayor Brigette Peterson stated the design was a huge improvement and thanked staff for the work. Councilmember Scott Anderson stated the project would be a great improvement to the site; stating he believed the money could be found and it would have great benefit. Councilmember Eddie Cook said he would like to explore the possibility of making the project a priority. Councilmember Jared Taylor spoke about the history of the project and said he supported the item. Mayor Jenn Daniels stated though no motion was needed, the Council was in support of pursuing the item as a future Capital Improvement Plan (CIP) project. 15 44.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: TBD - Research removal of CUP process for multi-family in Regional Commercial and additional multi-family zoning category with higher densities. Contact: K. Mieras (J. Daniels, S. Anderson, B. Peterson) TBD - Policy for street improvements of older annexations of County Islands. Contact: J. Marlow (E. Cook, V. Petersen, S. Anderson) COMMUNICATIONS Report from the TOWN MANAGER on current events. Town Manager Patrick Banger highlighted accomplishments of Town staff over the past year. Report from the COUNCIL on current events. Councilmember Victor Petersen announced iRun4Good 2018 was being planned and has some great sponsors including Midwest Food Bank and United Food Bank. Councilmember Eddie Cook said he met with Arizona Municipal Water Users Association (AMWUA) regarding the ending of water credits and effluent water. 16 Councilmember Jared Taylor encouraged everyone to vote in the upcoming Primary Election. Report from the MAYOR on current events. Mayor Jenn Daniels called attention to the Heat Relief Network. She listed the needed items and donation sites for those in need during times of extreme heat. Mayor Jenn Daniels said it has been a remarkable year and she appreciates all the work done by Town staff before items get to the Council. She highlighted some of the accomplishments. ADJOURN Mayor Jenn Daniels adjourned meeting at 8:55 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 21st day of June, 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 17