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Council Regular/Special Meeting

Special Meeting

Gilbert, AZ · August 2, 2018

AgendaMinutesPacket

Minutes

MINUTES OF THE GILBERT TOWN COUNCIL IN REGULAR MEETING OF THURSDAY, AUGUST 02, 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, Deputy Town Manager Jacob Ellis, Town Clerk Lisa Maxwell, Town Attorney Christopher Payne, Planner Stephanie Bubenheim, and Interim Parks and Recreation Director Robert Carmona AGENDA ITEM CALL TO ORDER Mayor Jenn Daniels called the meeting to order at 6:36 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Eddie Cook introduced the scouts in attendance who led the Pledge of Allegiance and introduced themselves. Reverend Scott Jones of Resurrection Episcopal Church gave the invocation. ROLL CALL Town Clerk Lisa Maxwell called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS None. COMMUNICATIONS FROM CITIZENS None. CONSENT CALENDAR A MOTION was made by Vice Mayor Brigette Peterson, seconded by Councilmember Eddie Cook to approve Consent Items 1, 2, 3, 3A, 4, 4A, 7, 7A, 8, 9, 10, 11, 12, and 15; remove Items 13 and 14 from the Consent Calendar; remove Items 5 and 6 from the agenda; and add Items 31 and 32 to the Consent Calendar; appointing Kevin De Rosa to the Industrial Development Authority as a regular member with a term ending March 12, 2023; 1 appointing Seth Banda and Les Smith to the Planning Commission as regular members with terms ending September 29, 2022; and appointing Philip Alibrandi and James Torgeson to the Planning Commission as alternate members with terms ending September 29, 2019. Motion carried 7-0. 1. ANNEXATION A17-1004 - consider adoption of an Ordinance approving the annexation of approximately 8.11 acres located at the Hampton Court, at the northeast corner of Ray Road and Val Vista Drive. A public hearing was held on June 7, 2018. This item was approved with the Consent Calendar vote. Ordinance No. 2674 was adopted. 2. INTERGOVERNMENTAL AGREEMENT – consider approval of Intergovernmental Agreement No. 319000139 with the Arizona Game and Fish Department for the Community Fishing Program for a term of five (5) years from July 1, 2018 to June 30, 2023 and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 3. AGREEMENT – consider ratifying License Agreement No. 319000462 with UEB Builders Inc. for the employee and contractor passenger vehicle parking in a lot located north of Ray Road and east of the Coronado Road alignment in exchange for payment to the Town of $250 a month for the period of July 10, 2018 through February 28, 2019 and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 3A. AGREEMENT –consider adoption of a Resolution approving Lease Agreement No. 319000706 with the City of Mesa in an amount not to exceed $1 per year for property surrounding the Greenfield Wastewater Treatment Plant known as Hetchler Park for a period of 30 years, with two areas subject to early termination after five (5) years, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 3984 was adopted. 4. CONTRACT – consider approval of: a) Professional Consulting Services Contract No. 319000521 with Burgess & Niple Inc. in an amount not to exceed $75,000 for the Intersections Analysis, Project No. EN1827, and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the Roadway and Maintenance Contingency Fund in the amount of $75,000. This item was approved with the Consent Calendar vote. 2 4A. CONTRACT – consider approval of: a) Agreement for Services Contract No. 2018-4106-0272 with The Groundskeeper in an amount not to exceed $350,583.17 for the right of way landscape maintenance Zone A; b) Agreement for Services Contract No. 2018-4106-0273 with Artistic Land Management Inc. in an amount not to exceed $297,415 for the right of way landscape maintenance Zone B; c) Agreement for Services Contract No. 2018-4106-0274 with The Groundskeeper in an amount not to exceed $318,566.68 for the right of way landscape maintenance Zone C; and d) Agreement for Services Contract No. 2018-4106-0275 with The Groundskeeper in an amount not to exceed $342,603.98 for the right of way landscape maintenance Zone D and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 5. CONTRACT – consider approval of Architectural and Engineering Services Agreement Contract No. 319000604 with M. Arthur Gensler & Associates in an amount not to exceed $606,800 for the Municipal Center 1 Renovations, Project No. MF0530, and authorize the Mayor to execute the required documents. This item was removed from the agenda. 6. CONTRACT – consider approval of Construction Manager at Risk (CMAR) Pre- Construction Services Agreement Contract No. 319000499 with Willmeng Construction, Inc. in an amount not to exceed $86,400 for the Municipal Center 1 Renovations, Project No. MF0530, and authorize the Mayor to execute the required documents. This item was removed from the agenda. 7. CONTRACT – consider approval of: a) Cooperative Purchase Agreement No. 319000430 with Rush Truck Center Phoenix utilizing Houston-Galveston Area Council Cooperative Purchasing Contract No. HT06-18; and b) the purchase of two (2) vehicles for Environmental Services pursuant to Cooperative Purchase Agreement No. 319000430 with Rush Truck Center Phoenix in an amount not to exceed $549,809 including taxes and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 3 7A. CONTRACT – consider approval of a Cooperative Purchase Agreement No. 2018-4108- 0328 with DYKMAN Electrical, Inc. utilizing the City of Phoenix Cooperative Purchasing Contract No. 141094 in an amount not to exceed $200,000 including taxes for the procurement of equipment at the Water Treatment Plants and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 8. CONTRACT – consider approval of: a) the purchase of one (1) Vehicle for the Police Department pursuant to Cooperative Purchase Agreement No. 319000038 with San Tan Ford in an amount not to exceed $49,468 including taxes and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the General Fund Contingency Fund in the amount of $49,468. This item was approved with the Consent Calendar vote. 9. CONTRACT – consider approval of Task Order No. 53 to Job Order Contract (JOC) Contract No. 319000397 (EDEN No. 2017-2106-0411) with CS Construction Inc. in an amount not to exceed $168,325 for installation of new Advanced Detection Video Camera Systems at five (5) signalized intersections, Project No. TS1740, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 10.CONTRACT – consider approval of Task Order No. 50 to Job Order Contract (JOC) Contract No. 2017-2106-0411 with CS Construction, Inc. in an amount not to exceed $998,085 to remove and replace approximately 250 aging streetlight poles for Neighborhood Streetlight Rehabilitation, Project No. ST148, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 11.PARKWAY IMPROVEMENT DISTRICT – consider finding no written notices objecting to the acts of proceeding were filed with Gilbert pursuant to A.R.S. 48-584 (E) within 15 days of the publication of the notice of award of the contract for FY19 improvements in Parkway Improvement District 07-03, 07-05, 07-08 and 07-11, and authorize the Mayor to execute the required documents as follows: a) Contract No. 319000505 (EDEN No. 2018-8003-0260) with J.P. and Sons Contracting, Inc. in the amount of $10,760 for work in PKID No. 07-3 Park Village; b) Contract No. 319000512 (EDEN No. 2018-8003-0257) with OCM, LLC. in the amount of $63,920.02 for work in PKID No. 07-5 Circle G Meadows II; 4 c) Contract No. 319000509 (EDEN No. 2018-8003-0259) with OCM, LLC. in the amount of $55,002.92 for work in PKID No. 07-8 Circle G Ranches VII; and d) Contract No. 319000511 (EDEN No. 2018-8003-0258) with OCM, LLC. in the amount of $50,950.77 for work in PKID No. 07-11 Cassia Place. This item was approved with the Consent Calendar vote. 12.IRRIGATION WATER DELIVERY DISTRICT - consider adoption of a Resolution endorsing the formation of the College Park West Irrigation Water Delivery District and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 3985 was adopted. 13.FEES – consider adoption of a Resolution establishing new fees and reservation policies for Elliot District Park. A MOTION was made by Councilmember Jared Taylor, seconded by Councilmember Victor Petersen, to approve Item 13. Motion carried 7-0. Resolution No. 3986 was adopted. 14.BUDGET/ HUMAN RESOURCES – consider authorization of an additional 20.75 Full Time Equivalent (FTE) positions for Gilbert Parks and Recreation for operations and maintenance of Elliot District Park. Councilmember Victor Petersen requested this item be continued to allow time to discuss if the item would be a cost savings to the taxpayers. A MOTION was made by Councilmember Victor Petersen, seconded by Councilmember Scott Anderson, to continue Item 14 to the August 16, 2018 Regular meeting. Motion carried 7-0. 15.MINUTES – consider approval of the minutes of Special Meetings of June 7, 2018 and July 17, 2018 and Regular Meetings of June 7, 2018 and June 21, 2018. This item was approved with the Consent Calendar vote. PUBLIC HEARING Mayor Jenn Daniels opened the public hearing for items 16, 17, 18, 19, 20, 21, 22, 23, 28, 29, and 30. No one wished to speak and Mayor Jenn Daniels closed the public hearing. A MOTION was made by Councilmember Jordan Ray, seconded by Councilmember Brigette Peterson, to approve public hearing items 16, 17, 18, 19, 20, 21, 22, 23, 28, 29, and 30. Motion carried 7-0. 16.LIQUOR LICENSE – conduct hearing and consider approval of a Series 3 In-State 5 Microbrewery Liquor License for Arizona Wilderness Brewing Company located at 912 North Colorado Street. This item was approved with the Public Hearing Vote. 17.LIQUOR LICENSE – conduct hearing and consider approval of a Series 6 Bar Liquor License for Whiskey Row located at 325 North Gilbert Road. This item was approved with the Public Hearing Vote. 18.LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for XJ's Casa Reynoso located at 1661 South Val Vista Drive. This item was approved with the Public Hearing Vote. 19.LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for Cogburn's Big Wings located at 110 South Val Vista Drive, Suite B8. This item was approved with the Public Hearing Vote. 20.LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for Shorty & Wags Original Chicken Wings located at 860 East Warner Road, Suite A103. This item was approved with the Public Hearing Vote. 21.ANNEXATION A18-04 - conduct hearing on the proposed annexation of approximately 19.19 acres located west of the southwest corner of Power and Warner Roads. This item was approved with the Public Hearing Vote. 22.GENERAL PLAN GP17-1014 / ZONING Z17-1024 - conduct hearing and consider: a) adoption of a Resolution approving a Minor General Plan Amendment to change the land use classification of approximately 19.6 acres of real property generally located at the northwest corner of Lindsay Road and Queen Creek Road from Shopping Center (SC) land use classification to Residential > 3.5 - 5 DU/ Acre land use classification. The effect of this amendment will be to allow single family residential uses where commercial uses are currently required; and b) approval of the findings and adoption of an Ordinance to amend Ordinance No. 1328 pertaining to the Layton Lakes Planned Area Development (PAD) by removing from the Layton Lakes PAD approximately 19.6 acres of real property generally located at the northwest corner of Lindsay Road and Queen Creek Road; approving the Development Plan for the Layton Lakes Parcel 4 Planned Area Development; and changing the zoning classification of said real property from 19.6 acres of Shopping Center (SC) zoning district, all with a Planned Area Development overlay zoning district to 19.6 acres of Single Family 6 Detached (SF-D) zoning district, all with a Planned Area Development overlay zoning district, as shown on the map which is available for viewing in the Planning and Development Services Office; and to modify the development regulations as follows: to allow for increased minimum lot area, minimum lot width, minimum lot depth and to allow for reduced maximum building height. The effect of the rezoning will be to allow for single family residential uses on the subject site and to modify the development regulations as described herein. This item was approved with the Public Hearing Vote. Resolution No. 3897 and Ordinance No. 2675 were adopted. A MOTION was made by Councilmember Victor Petersen, seconded by Councilmember Jared Taylor, to reconsider item 22. Motion carried 7-0. Mayor Jenn Daniels opened the public hearing on item 22. Town Attorney Christopher Payne provided a summary of the two possible motions: Option No. 1 - to accept the staff recommendation to deny the adoption of the ordinance for Z17- 1024 and resolution for GP17-1014; or Option No. 2 – to accept the Planning Commission’s recommendation of adopting the resolution for GP17-1014 and move to make the Findings of Fact and approve the ordinance for Z17-1024. Councilmember Victor Petersen stated he was in support of approving the Planning Commission’s recommendation of adopting the ordinance. Mayor Jenn Daniels closed the public hearing on item 22. A MOTION was made by Councilmember Victor Petersen, seconded by Councilmember Jared Taylor, to approve Option No. 2 of Item No. 22, adopting the resolution and ordinance as recommended by the Planning Commission. Motion carried 7-0. Resolution No. 3987 and Ordinance No. 2675 were adopted. 23.GENERAL PLAN GP17-1018/ZONING Z17-1029 - conduct hearing and consider: a) adoption of a Resolution approving a Minor General Plan Amendment to change the land use classification of approximately 6.95 acres of real property generally located north of the northeast corner of Ray Road and Val Vista Drive from Residential >0-1 land use classification to Residential > 8-14 land use classification. The effect of this amendment will be to allow increased density of residential development; and b) approval of the findings and adoption of an Ordinance to rezone approximately 6.95 acres of real property generally located north of the northeast corner of Val Vista Drive and Ray Road from Maricopa County Rural - 43 (RU-43) zoning district to Town of Gilbert Multi Family- Low (MF/L) zoning district with a Planned Area Development overlay zoning district. The effect of this amendment will be to allow residential development with modified developments standards. 7 This item was approved with the Public Hearing Vote. Resolution No. 3988 and Ordinance No. 2676 were adopted. 24.GENERAL PLAN GP18-04 / ZONING Z18-05 - conduct hearing and consider: a) adoption of a Resolution approving a Minor General Plan Amendment to change the land use classification of approximately 27.6 acres of real property generally located at the southeast corner of Mustang Drive and Germann Road from Business Park (BP) land use classification to Light Industrial (LI) land use classification. The effect of this amendment will be to change the plan of development for the property to allow for non-residential development; and b) approval of the findings and adoption of an Ordinance to rezone approximately 27.6 acres of real property generally located at the southeast corner of Mustang Drive and Germann Road from Town of Gilbert Business Park (BP) zoning district to Town of Gilbert Light Industrial (LI) zoning district with a Planned Area Development Overlay zoning district. The effect of the rezoning will be to permit non-residential/ industrial uses and to modify minimum landscape setbacks, building step-back requirements, primary vehicular access to residential property, perimeter separation wall/ parking screen wall requirements on the subject site. This item was continued to the September 6, 2018 Regular meeting. 25.GENERAL PLAN GP18-05/Z18-06 - conduct hearing and consider: a) adoption of a Resolution approving a Minor General Plan Amendment to change the land use classification of approximately 19.6 acres of real property generally located south of the southeast corner of Mustang Drive and Germann Road from Business Park (BP) land use classification to Residential > 14-25 DU/ Acre land use classification. The effect of this amendment will be to change the plan of development for the property to allow for residential development; and b) approval of the findings and adoption of an Ordinance to rezone approximately 19.6 acres of real property generally located south of the southeast corner of Mustang Drive and Germann Road from Business Park (BP) zoning district to Multi-Family Medium (MF/M) zoning district with a Planned Area Development Overlay zoning district. The effect of the rezoning will be to increase residential density, permit multi-family residential uses, and modify minimum perimeter building setbacks, minimum perimeter and street frontage landscape setbacks, building step-back requirements and perimeter separation wall/ parking screen wall requirements. This item was continued to the September 6, 2018 Regular meeting. 26.ZONING Z18-13 - conduct hearing and consider adoption of an Ordinance to amend Ordinance No. 1097 to amend the conditions of development within the Shopping Center (SC) Planned Area Development overlay zoning district (PAD) for approximately 6.8 acres generally located near the southwest corner of Val Vista Road and Elliot Road, as shown on 8 the exhibit map available for viewing in the Planning Services Division. The request is to amend the conditions of development as follows: Conditions No. 5; No. 6; and No. 8. The effect of the amended development conditions will be to remove limitations on specific uses and to modify the allowable hours of operation to meet current LDC requirements. Mayor Jenn Daniels requested this item be continued to the September 6, 2018 Regular meeting; therefore, there was no public hearing for this item. The following individuals were present and for Item 26, but did not speak: John Bednarz and Pat Krueger. The following individuals were present and against Item 26, but did not speak: Cheryl Bullock, Robert Bullock, Mitch Marquardt, and Michael Puzio. A MOTION was made by Councilmember Victor Petersen, seconded by Councilmember Jordan Ray, to continue Item 26 to the September 6, 2018 Regular meeting. Motion carried 7-0. 27.ZONING AP18-03 (UP18-04) - conduct hearing and consider appeal to the Gilbert Town Council from the Town of Gilbert Planning Commission's approval of a Conditional Use Permit (CUP) to allow a dog daycare facility on approximately 1.2 acres of real property located at 207 East Williams Field Road. The property is zoned Shopping Center (SC) with a Planned Development Overlay (PAD). The Town Council may uphold, modify or overrule the decision of the Planning Commission. Mayor Jenn Daniels opened the public hearing on Item 27. Planner Stephanie Bubenheim provided a summary of Appeal AP18-03 of the Conditional Use Permit (CUP) UP18-04 to allow a kennel in the shopping center zoning district for Dogtopia. She listed the 5 conditions of the approved CUP from the June 6, 2018 Planning Commission meeting. She provided details of the site plan, nature of the business, and animal services regulations. She stated an appeal was filed by a councilmember addressing citizen concerns of barking noise and effects on health and safety of the neighborhood. There was discussion regarding recent feedback on noise complaints and if comparisons had been made to similar uses in Gilbert. Councilmember Eddie Cook asked if the current ordinance for barking dogs required two or more neighbor-complains. Town Attorney Christopher Payne confirmed in Section 6.2 of the Gilbert Town Code, in order for a complaint to be filed against noisy animals, it does require the complaint of two separate households. Adam Baugh, attorney with Withey Morris, PLC spoke on behalf of applicant Tina Edenfield of Dogtopia Gilbert. Mr. Baugh spoke of the experience of Ms. Edenfield and of the history of Dogtopia as an established franchise. Mr. Baugh stated the franchise worked to partner with the community and prescribe conditions that operate compatibly in an area. He 9 summarized the efforts made to reduce noise, including no windows on the eastern side and an 8 feet perimeter wall. He stated a noise consultant was also hired and the noise study projections were within the decibel range of the Town’s code. He summarized potential benefits and stated it meets all of the requirements of the CUP. Jim Torgeson, Gilbert resident, stated he is the closest resident to the location and the president of the homeowner’s association that this business with affect. He said the allowable noise decibel level of 55 is flawed and noise was his greatest concern. He stated the facility does not serve the community well in this type of zoning. There was discussion regarding noise levels and the site plan changes. Councilmember Jordan Ray stated he walked the facility in Gilbert with the applicant and also visited the Dogtopia locations in Arcadia and Phoenix unannounced. He stated he appreciated the efforts made by the applicant to make improvements and to be community partners. He stated he was now in favor of project based on the changes made. He noted that any CUP could be revoked if the stipulations were not being followed. Councilmember Eddie Cook stated he was not in support of the item due to the large number of dogs and the volume of noise they could create. He asked about the possibility of removing the outdoor kennel run from the location. Tina Edenfield, owner of Dogtopia Gilbert, spoke of the need for an outdoor area for the dogs’ wellbeing. She stated the kennel run and outdoor area was a necessity, but there were measures in place to keep dogs from barking outdoors. Vice Mayor Brigette Peterson and Councilmembers Victor Petersen, Scott Anderson, and Jared Taylor spoke in support of upholding the Planning Commission’s approval of the CUP. They spoke of visiting the facility, the professionalism of the owners, and of the opportunity of revoking the CUP if needed. Mayor Jenn Daniels also voiced support of upholding the Planning Commission’s approval. Mayor Jenn Daniels closed the public hearing on Item 27. A MOTION was made by Vice Mayor Brigette Peterson, seconded by Councilmember Jordan Ray, to uphold the Planning Commission’s approval of UP18-04, including changes made by the applicant since the Planning Commission’s approval. Motion carried 6-1, with Councilmember Eddie Cook casting the dissenting vote. 28.PROPERTY ACQUISITION – conduct hearing and consider adoption of a Resolution approving the acquisition of right of way and temporary construction easement on Parcel No. 304-11-134A for the Heritage District Transportation Improvements, Project No. RD2110. This item was approved with the Public Hearing Vote. Resolution No. 3989 was adopted. 10 29.PROPERTY ACQUISITION – conduct hearing and consider adoption of a Resolution approving the acquisition of right-of-way and temporary construction easement on Parcel No. 304-11-145A for the Heritage District Transportation Improvements, Project No. RD2110. This item was approved with the Public Hearing Vote. Resolution No. 3990 was adopted. 30.BUDGET - conduct hearing and consider adoption of an Ordinance relating to taxation levied upon assessed valuation of the property within the Municipal Street Lighting Improvement District 85-01 through 85-10, 85-13 through 85-15, 85-17, 85-20 through 85-24, 86-01 through 86-11, 86-26, 87-01 through 87-06, 87-08 through 87-22, 87-24 through 87-25, 87-27, 88-01 through 88-08, 89-01, 90-01 through 90-05, 91-01 through 91-07, 92-01 through 92-03, 92-05 through 92-09, 93-01 through 93-08, 93-10 through 93-16, 93-18, 93-20, 94-01 through 94-24, 94-26, 94-28 through 94-38, 95-01 through 95-26, 95-28 through 95-42, 96-01 through 96-17, 96-19, 96-21 through 96-32, 97-01 through 97-06, 97-08, 97-10 through 97-21, 98-01, 98-03 through 98-09, 98-11 through 98-13, 98-15 through 98-18, 99-01 through 99-08, 00-01 through 00-14, 01-01 through 01-05, 02-01 through 02-06, 03-01 through 03-10, 04-01 through 04-06, 04-08, 05-01 through 05-12, 06-01 through 06-17, 07-01 through 07-05, 07-07 through 07-10, 08-01 through 08-03, 10-03, 11-01 through 11-03, 12-01 through 12-04, 13-01 through 13-18, 14-01 through 14-02, 14-04, 14-06 through 14-10, 15-06 through 15-10, 16-01 through 16-02, and 17-03 certain sum sufficient to raise the amount required for Street Lighting Improvement Districts subject to maximum levy; and declaring an emergency. This item was approved with the Public Hearing Vote. Ordinance No. 2677 was adopted. ADMINISTRATIVE ITEMS 31.BOARDS AND COMMISSIONS – consider appointment of one regular member to the Industrial Development Authority to fill the remainder of a term beginning August 2, 2018 and ending March 12, 2023. This item was approved with the Consent Calendar vote. Kevin De Rosa was appointed to the Industrial Development Authority with a term beginning August 2, 2018 and ending March 12, 2023. 32.BOARDS AND COMMISSIONS – consider appointment to the Planning Commission of two regular members with a term beginning September 30, 2018 and ending September 29, 2022 and two alternate members with terms beginning November 15, 2018 and ending September 29, 2019. This item was approved with the Consent Calendar vote. Seth Banda and Les Smith were appointed to the Planning Commission as regular members with a terms beginning September 30, 2018 and ending September 29, 2022. Philip Alibrandi and James Torgeson were appointed to the Planning Commission as alternate members with a terms beginning November 15, 2018 and ending September 29, 2019. 11 33.PARKS - consider adoption of a Resolution to approve the official name of the parks currently referred as Gilbert Regional Park and Rittenhouse District Park. Interim Parks and Recreation Director Robert Carmona provided an overview of the park naming process for the Regional and Rittenhouse Parks. There was discussion about the options for park names and the number of votes each option received. The Council stated their preferences for each park. A MOTION was made by Vice Mayor Brigette Peterson, seconded by Councilmember Eddie Cook, to approve Item 33, accepting the names as presented by the vote; naming Regional Park as Gilbert Regional Park and naming Rittenhouse District Park as Desert Sky Park. Motion carried 7-0. Resolution No. 3991 was adopted. 34.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 Councilmember Eddie Cook stated he has been promoted to the Chair of the Maricopa Area Government (MAG) Domestic Violence Council. 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) 12 There was no discussion. COMMUNICATIONS Report from the TOWN MANAGER on current events. Town Manager Patrick Banger recognized employees Vicky Songer and Pat Hooper on their recent retirements. He congratulated Kyle Mieras and team for their work with Dignity Health and Phoenix Children’s Hospital on their hospital tower addition. He thanked the following staff for their work on the buffer lease project: Mary Goodman, Nancy Davidson, Christopher Payne, Jessica Marlow, Mark Horn, and Jeanne Jensen. Lastly, Manager Banger spoke of the life and contributions of late Fire Battalion Chief James Nelson and offered condolences to Chief Nelson’s family and to the Gilbert Fire Department. Report from the COUNCIL on current events. Councilmember Jordan Ray recognized the Town employees for all of their extra efforts; including the Gilbert Fire Department who helped children shop for school clothes. He also acknowledged Mary Goodman and Robert Carmona for providing a presentation on a Saturday to local Boy Scouts. Councilmember Eddie Cook stated he would again be going with a Gilbert team to take backpacks to children on the San Carlos Apache Reservation. Councilmember Scott Anderson stated the revenue collected through hotels has increased. He reported that the observatory at the Gilbert Riparian Preserve has been recognized by Airbnb as a top-five location in North America and a top destination in the world for Astro- Tourism. Councilmember Jared Taylor encouraged residents to vote and learn about candidates. Vice Mayor Brigette Peterson reported Valley Metro had a recent transit partnership with Waymo. She stated Waymo would be providing service to Valley Metro employees, noting this will affect the people of Gilbert. Report from the MAYOR on current events. Mayor Jenn Daniels acknowledged the passing of Fire Battalion Chief James Nelson and led a moment of silence in his honor. She reminded residents of safety precautions with Gilbert schools being back in session. She noted August is Drowning Impact Awareness Month and urged citizens to take steps to prevent drownings. ADJOURN Mayor Jenn Daniels adjourned meeting at 8:04 p.m. 13 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 2nd day of August, 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 14

Agenda

COUNCIL MEETING AGENDA August 2, 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 8/2/2018 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. ADDENDUM CONSENT CALENDAR 3A AGREEMENT –consider adoption of a Resolution approving Lease Agreement No. 319000706 with the the City of Mesa in an amount not to exceed $1 per year for property surrounding the Greenfield Wastewater Treatment Plant known as Hetchler Park for a period of 30 years, with two areas subject to early termination after five (5) years, and authorize the Mayor to execute the required documents. 4A CONTRACT – consider approval of: a) Agreement for Services Contract No. 2018-4106-0272 with The Groundskeeper in an amount not to exceed $350,583.17 for the right of way landscape maintenance Zone A; b) Agreement for Services Contract No. 2018-4106-0273 with Artistic Land Management Inc. in an amount not to exceed $297,415 for the right of way landscape maintenance Zone B; c) Agreement for Services Contract No. 2018-4106-0274 with The Groundskeeper in an amount not to exceed $318,566.68 for the right of way landscape maintenance Zone C; and d) Agreement for Services Contract No. 2018-4106-0275 with The Groundskeeper in an amount not to exceed $342,603.98 for the right of way landscape maintenance Zone D and authorize the Mayor to execute the required documents. 7A CONTRACT – consider approval of a Cooperative Purchase Agreement No. 2018- 4108-0328 with DYKMAN Electricical, Inc. utilizing the City of Phoenix Cooperative Purchasing Contract No. 141094 in an amount not to exceed $200,000 including taxes for the procurement of equipment at the Water Treatment Plants and authorize the Mayor to execute the required documents. 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 Rev. Scott Jones of the Resurrection Episcopal Church. ROLL CALL PRESENTATIONS; PROCLAMATIONS 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. 1 ANNEXATION A17-1004 - consider adoption of an Ordinance approving the annexation of approximately 8.11 acres located at the Hampton Court, at the northeast corner of Ray Road and Val Vista Drive. A public hearing was held on June 7, 2018. 2 INTERGOVERNMENTAL AGREEMENT – consider approval of Intergovernmental Agreement No. 319000139 with the Arizona Game and Fish Department for the Community Fishing Program for a term of five (5) years from July 1, 2018 to June 30, 2023 and authorize the Mayor to execute the required documents. 3 AGREEMENT – consider ratifying License Agreement No. 319000462 with UEB Builders Inc. for the employee and contractor passenger vehicle parking in a lot located located north of Ray Road and east of the Coronado Road alignment in exchange for payment to the Town of $250 a month for the period of July 10, 2018 through February 28, 2019 and authorize the Mayor to execute the required documents. 4 CONTRACT – consider approval of: a) Professional Consulting Services Contract No. 319000521 with Burgess & Niple Inc. in an amount not to exceed $75,000 for the Intersections Analysis, Project No. EN1827, and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the Roadway and Maintenance Contingency Fund in the amount of $75,000. 5 CONTRACT – consider approval of Architectural and Engineering Services Agreement Contract No. 319000604 with M. Arthur Gensler & Associates in an amount not to exceed $606,800 for the Municipal Center 1 Renovations, Project No. MF0530, and authorize the Mayor to execute the required documents. 6 CONTRACT – consider approval of Construction Manager at Risk (CMAR) Pre- Construction Services Agreement Contract No. 319000499 with Willmeng Construction, Inc. in an amount not to exceed $86,400 for the Municipal Center 1 Renovations, Project No. MF0530, and authorize the Mayor to execute the required documents. 7 CONTRACT – consider approval of: a) Cooperative Purchase Agreement No. 319000430 with Rush Truck Center Phoenix utilizing Houston-Galveston Area Council Cooperative Purchasing Contract No. HT06-18; and b) the purchase of two (2) vehicles for Environmental Services pursuant to Cooperative Purchase Agreement No. 319000430 with Rush Truck Center Phoenix in an amount not to exceed $549,809 including taxes and authorize the Mayor to execute the required documents. 8 CONTRACT – consider approval of: a) the purchase of one (1) Vehicle for the Police Department pursuant to Cooperative Purchase Agreement No. 319000038 with San Tan Ford in an amount not to exceed $49,468 including taxes and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the General Fund Contingency Fund in the amount of $49,468. 9 CONTRACT – consider approval of Task Order No. 53 to Job Order Contract (JOC) Contract No. 319000397 (EDEN No. 2017-2106-0411) with CS Construction Inc. in an amount not to exceed $168,325 for installation of new Advanced Detection Video Camera Systems at five (5) signalized intersections, Project No. TS1740, and authorize the Mayor to execute the required documents. 10 CONTRACT – consider approval of Task Order No. 50 to Job Order Contract (JOC) Contract No. 2017-2106-0411 with CS Construction, Inc. in an amount not to exceed $998,085 to remove and replace approximately 250 aging streetlight poles for Neighborhood Streetlight Rehabilitation, Project No. ST148, and authorize the Mayor to execute the required documents. 11 PARKWAY IMPROVEMENT DISTRICT – consider finding no written notices objecting to the acts of proceeding were filed with Gilbert pursuant to A.R.S. 48- 584 (E) within 15 days of the publication of the notice of award of the contract for FY19 improvements in Parkway Improvement District 07-03, 07-05, 07-08 and 07-11, and authorize the Mayor to execute the required documents as follows: a) Contract No. 319000505 (EDEN No. 2018-8003-0260) with J.P. and Sons Contracting, Inc. in the amount of $10,760 for work in PKID No. 07-3 Park Village; b) Contract No. 319000512 (EDEN No. 2018-8003-0257) with OCM, LLC. in the amount of $63,920.02 for work in PKID No. 07-5 Circle G Meadows II; c) Contract No. 319000509 (EDEN No. 2018-8003-0259) with OCM, LLC. in the amount of $55,002.92 for work in PKID No. 07-8 Circle G Ranches VII; and d) Contract No. 319000511 (EDEN No. 2018-8003-0258) with OCM, LLC. in the amount of $50,950.77 for work in PKID No. 07-11 Cassia Place. 12 IRRIGATION WATER DELIVERY DISTRICT - consider adoption of a Resolution endorsing the formation of the College Park West Irrigation Water Delivery District and authorize the Mayor to execute the required documents. 13 FEES – consider adoption of a Resolution establishing establishing new fees and reservation policies for Elliot District Park. 14 BUDGET/ HUMAN RESOURCES – consider authorization of an additional 20.75 Full Time Equivalent (FTE) positions for Gilbert Parks and Recreation for operations and maintenance of Elliot District Park. 15 MINUTES – consider approval of the minutes of Special Meetings of June 7, 2018 and July 17, 2018 and Regular Meetings of June 7, 2018 and June 21, 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. 16 LIQUOR LICENSE – conduct hearing and consider approval of a Series 3 In-State Microbrewery Liquor License for Arizona Wilderness Brewing Company located at 912 North Colorado Street. 17 LIQUOR LICENSE – conduct hearing and consider approval of a Series 6 Bar Liquor License for Whiskey Row located at 325 North Gilbert Road. 18 LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for XJ's Casa Reynoso located at 1661 South Val Vista Drive. 19 LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for Cogburn's Big Wings located at 110 South Val Vista Drive, Suite B8. 20 LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for Shorty & Wags Original Chicken Wings located at 860 East Warner Road, Suite A103. 21 ANNEXATION A18-04 - conduct hearing on the proposed annexation of approximately 19.19 acres located west of the southwest corner of Power and Warner Roads. 22 GENERAL PLAN GP17-1014 / ZONING Z17-1024 - conduct hearing and consider: a) adoption of a Resolution approving a Minor General Plan Amendment to change the land use classification of approximately 19.6 acres of real property generally located at the northwest corner of Lindsay Road and Queen Creek Road from Shopping Center (SC) land use classification to Residential > 3.5 - 5 DU/ Acre land use classification. The effect of this amendment will be to allow single family residential uses where commercial uses are currently required; and b) approval of the findings and adoption of an Ordinance to amend Ordinance No. 1328 pertaining to the Layton Lakes Planned Area Development (PAD) by removing from the Layton Lakes PAD approximately 19.6 acres of real property generally located at the northwest corner of Lindsay Road and Queen Creek Road; approving the Development Plan for the Layton Lakes Parcel 4 Planned Area Development; and changing the zoning classification of said real property from 19.6 acres of Shopping Center (SC) zoning district, all with a Planned Area Development overlay zoning district to 19.6 acres of Single Family Detached (SF- D) zoning district, all with a Planned Area Development overlay zoning district, as shown on the map which is available for viewing in the Planning and Development Services Office; and to modify the development regulations as follows: to allow for increased minimum lot area, minimum lot width, minimum lot depth and to allow for reduced maximum building height. The effect of the rezoning will be to allow for single family residential uses on the subject site and to modify the development regulations as described herein. 23 GENERAL PLAN GP17-1018/ZONING Z17-1029 - conduct hearing and consider: a) adoption of a Resolution approving a Minor General Plan Amendment to change the land use classification of approximately 6.95 acres of real property generally located north of the northeast corner of Ray Road and Val Vista Drive from Residential >0-1 land use classification to Residential > 8-14 land use classification. The effect of this amendment will be to allow increased density of residential development; and b) approval of the findings and adoption of an Ordinance to rezone approximately 6.95 acres of real property generally located north of the northeast corner of Val Vista Drive and Ray Road from Maricopa County Rural - 43 (RU-43) zoning district to Town of Gilbert Multi Family- Low (MF/L) zoning district with a Planned Area Development overlay zoning district. The effect of this amendment will be to allow residential development with modified developments standards. 24 GENERAL PLAN GP18-04 / ZONING Z18-05 - conduct hearing and consider: a) adoption of a Resolution approving a Minor General Plan Amendment to change the land use classification of approximately 27.6 acres of real property generally located at the southeast corner of Mustang Drive and Germann Road from Business Park (BP) land use classification to Light Industrial (LI) land use classification. The effect of this amendment will be to change the plan of development for the property to allow for non-residential development; and b) approval of the findings and adoption of an Ordinance to rezone approximately 27.6 acres of real property generally located at the southeast corner of Mustang Drive and Germann Road from Town of Gilbert Business Park (BP) zoning district to Town of Gilbert Light Industrial (LI) zoning district with a Planned Area Development Overlay zoning district. The effect of the rezoning will be to permit non-residential/ industrial uses and to modify minimum landscape setbacks, building step-back requirements, primary vehicular access to residential property, perimeter separation wall/ parking screen wall requirements on the subject site. Continue to the September 6, 2018 Regular meeting. 25 GENERAL PLAN GP18-05/Z18-06 - conduct hearing and consider: a) adoption of a Resolution approving a Minor General Plan Amendment to change the land use classification of approximately 19.6 acres of real property generally located south of the southeast corner of Mustang Drive and Germann Road from Business Park (BP) land use classification to Residential > 14-25 DU/ Acre land use classification. The effect of this amendment will be to change the plan of development for the property to allow for residential development; and b) approval of the findings and adoption of an Ordinance to rezone approximately 19.6 acres of real property generally located south of the southeast corner of Mustang Drive and Germann Road from Business Park (BP) zoning district to Multi-Family Medium (MF/M) zoning district with a Planned Area Development Overlay zoning district. The effect of the rezoning will be to increase residential density, permit multi-family residential uses, and modify minimum perimeter building setbacks, minimum perimeter and street frontage landscape setbacks, building step-back requirements and perimeter separation wall/ parking screen wall requirements. Continue to the September 6, 2018 Regular meeting. 26 ZONING Z18-13 - conduct hearing and consider adoption of an Ordinance to amend Ordinance No. 1097 to amend the conditions of development within the Shopping Center (SC) Planned Area Development overlay zoning district (PAD) for approximately 6.8 acres generally located near the southwest corner of Val Vista Road and Elliot Road, as shown on the exhibit map available for viewing in the Planning Services Division. The request is to amend the conditions of development as follows: Conditions No. 5; No. 6; and No. 8. The effect of the amended development conditions will be to remove limitations on specific uses and to modify the allowable hours of operation to meet current LDC requirements. 27 ZONING AP18-03 (UP18-04) - conduct hearing and consider appeal to the Gilbert Town Council from the Town of Gilbert Planning Commission's approval of a Conditional Use Permit (CUP) to allow a dog daycare facility on approximately 1.2 acres of real property located at 207 East Williams Field Road. The property is zoned Shopping Center (SC) with a Planned Development Overlay (PAD). The Town Council may uphold, modify or overrule the decision of the Planning Commission. 28 PROPERTY ACQUISITION – conduct hearing and consider adoption of a Resolution approving the acquisition of right of way and temporary construction easement on Parcel No. 304-11-134A for the Heritage District Transportation Improvements, Project No. RD2110. 29 PROPERTY ACQUISITION – conduct hearing and consider adoption of a Resolution approving the acquisition of right-of-way and temporary construction easement on Parcel No. 304-11-145A for the Heritage District Transportation Improvements, Project No. RD2110. 30 BUDGET - conduct hearing and consider adoption of an Ordinance relating to taxation levied upon assessed valuation of the property within the Municipal Street Lighting Improvement District 85-01 through 85-10, 85-13 through 85-15, 85-17, 85-20 through 85-24, 86-01 through 86-11, 86-26, 87-01 through 87-06, 87-08 through 87-22, 87-24 through 87-25, 87-27, 88-01 through 88-08, 89-01, 90-01 through 90-05, 91-01 through 91-07, 92-01 through 92-03, 92-05 through 92-09, 93-01 through 93-08, 93-10 through 93-16, 93-18, 93-20, 94-01 through 94-24, 94-26, 94-28 through 94-38, 95-01 through 95-26, 95-28 through 95-42, 96-01 through 96-17, 96-19, 96-21 through 96-32, 97-01 through 97-06, 97-08, 97-10 through 97-21, 98-01, 98-03 through 98-09, 98-11 through 98-13, 98-15 through 98-18, 99-01 through 99-08, 00-01 through 00-14, 01-01 through 01- 05, 02-01 through 02-06, 03-01 through 03-10, 04-01 through 04-06, 04-08, 05- 01 through 05-12, 06-01 through 06-17, 07-01 through 07-05, 07-07 through 07-10, 08-01 through 08-03, 10-03, 11-01 through 11-03, 12-01 through 12-04, 13-01 through 13-18, 14-01 through 14-02, 14-04, 14-06 through 14-10, 15-06 through 15-10, 16-01 through 16-02, and 17-03 certain sum sufficient to raise the amount required for Street Lighting Improvement Districts subject to maximum levy; and declaring an emergency. 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. 31 BOARDS AND COMMISSIONS – consider appointment of one regular member to the Industrial Development Authority to fill the remainder of a term beginning August 2, 2018 and ending March 12, 2023. 32 BOARDS AND COMMISSIONS – consider appointment to the Planning Commission of two regular members with a term beginning September 30, 2018 and ending September 29, 2022 and two alternate members with terms beginning November 15, 2018 and ending September 29, 2019. 33 PARKS - consider adoption of a Resolution to approve the official name of the parks currently referred as Gilbert Regional Park and Rittenhouse District Park. 34 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: 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. 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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