Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL IN REGULAR MEETING OF THURSDAY, AUGUST 16, 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 Peterson, Jordan Ray and Jared Taylor COUNCIL ABSENT: None STAFF PRESENT: Town Manager Patrick Banger, Deputy Town Clerk Kris Kingsmore, Town Attorney Christopher Payne, Assistant Town Attorney John Baird, Interim Parks and Recreation Director Robert Carmona, Public Works Director Jessica Marlow, Economic Development Administrator Amanda Elliott, Management and Budget Analyst Nicole Rizzo, Intergovernmental Relations Assistant Amy Arguilez, and Intergovernmental Relations Director René Guillen 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 the scouts in attendance who led the Pledge of Allegiance and introduced themselves. Vicar Joseph Highley of Christ’s Greenfield Lutheran Church gave the invocation. ROLL CALL Deputy Town Clerk Kris Kingsmore called roll and declared a quorum present. COMMUNICATIONS FROM CITIZENS Tyler Hudgins, Gilbert resident, stated he was the Chairman of the Gilbert Redevelopment Commission. He said he hoped the Council would adopt the Heritage District Redevelopment Plan; noting the plan would not bind the Town, but would set the direction. He said though he hoped the Council would not use federal funds to develop any of the projects listed, he had confidence in the Council to make decisions. He expressed appreciation to all those involved with drafting the Plan and said he was thankful for the opportunity to serve the community. 1 CONSENT CALENDAR A MOTION was made by Vice Mayor Brigette Peterson, seconded by Councilmember Eddie Cook, to approve Consent Items 1, 2, 3, 4, 4A, 4B, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 18, and 19; remove Items 15, 16, and 17 from the Consent Calendar; and continue Public Hearing Items 22 and 23 to the September 20, 2018 Regular meeting. Motion carried 7-0. 1. ABANDONMENT - consider adoption of a Resolution of abandonment for approximately 7,780 square feet of old Pecos Road right-of-way near the southeast corner of the intersection of Pecos Road and Mercy Road. This item was approved with the Consent Calendar vote. Resolution No. 3992 was adopted. 2. INTERGOVERNMENTAL AGREEMENT – consider approval of Intergovernmental Agreement No. 319000721 with Maricopa County for property acquisition, design, construction, and ownership of improvements to Recker Road north of Ray Road, Project No. ST0960, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 3. INTERGOVERNMENTAL AGREEMENT – consider approval of an amendment to Agreement No. 319000095 with Tempe Police Department for a one-year extension for Police Legal Advisor Mutual Aid and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 4. AGREEMENT – consider ratification of License Agreement No. 319000515 with LGE Design Build for construction trailer, construction staging and subcontractor purposes at Assessor Parcel Number (APN) 302-16-017 located north of Vaughn Avenue and west of Oak Circle Drive in exchange for payment to the Town of $250.65 per month for a period of ten (10) months beginning July 15, 2018 and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 4A. INTERGOVERNMENTAL AGREEMENT – consider approval of an amendment to Agreement No. 319000706 with the City of Mesa and Town of Queen Creek for the Greenfield Water Reclamation Plant and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 4B. AGREEMENT – consider approval and adoption of a Resolution to authorizing the Town Manager to execute all ancillary lease documents related to the financing of leasehold 2 improvements, assignments and subletting pursuant to Cemetery Development, Operating and Maintenance Lease Agreement with Gilbert Cemetery, LLC. This item was approved with the Consent Calendar vote. Resolution No. 3993 was adopted. 5. CONTRACT – consider approval of: a) Cooperative Purchase Agreement No. 319000487 with Dana Kepner Inc. utilizing City of Goodyear Cooperative Purchasing Contract No. CON-16-3378B-A2; and b) the purchase of Water Meters, Materials and Equipment pursuant to Cooperative Purchase Agreement No. 319000487 with Dana Kepner Inc. in an amount not to exceed $1,816,800 including taxes and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 6. CONTRACT – consider approval of: a) Cooperative Purchase Agreement No. 319000502 with Air Products and Chemicals, Inc. utilizing City of Mesa Cooperative Purchasing Contract No. 2018145; and b) the purchase of Liquid Oxygen and Various Gases, materials and/or equipment pursuant to Cooperative Purchase Agreement No. 319000502 with Air Products and Chemicals, Inc. in an amount not to exceed $125,000 and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 7. CONTRACT – consider approval of: a) Cooperative Purchase Agreement No. 319000444 with Trane US Inc. utilizing U.S. Communities Cooperative Purchasing Contract No. 15-JLP-023; and b) for inspecting and maintaining ten (10) chillers and two (2) Controllers at six (6) facilities pursuant to Cooperative Purchase Agreement No. 319000444 with Trane US Inc. in an amount not to exceed $101,615 including taxes and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 8. CONTRACT – consider approval of: a) Cooperative Purchase Agreement No. 319000687 with Vac-Con, Inc. utilizing Houston- Galveson Area Council (H-GAC) Cooperative Purchasing Contract No. SC01-18; and 3 b) the purchase of one (1) Freightliner Sewer Vactor pursuant to Cooperative Purchase Agreement No. 319000687 with Vac-Con, Inc. in an amount not to exceed $428,000 including taxes and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 9. CONTRACT – consider approval of: a) Cooperative Purchase Agreement No. 319000686 with Sanderson Ford utilizing State of Arizona Cooperative Purchasing Contract No. ADSPO14-063240; and b) the purchase of one (1) vehicle for the Streets Traffic Operations Center pursuant to Cooperative Purchase Agreement No. 319000686 with Sanderson Ford in an amount not to exceed $121,671 including taxes and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 10. CONTRACT – consider: a) approval of the purchase of six (6) vehicles pursuant to Cooperative Purchase Agreement No. 31900038 with San Tan Ford in an amount not to exceed $311,072 including taxes; b) approval of the purchase of four (4) vehicles pursuant to Cooperative Purchase Agreement No. 31900032 with Courtesy Chevrolet in an amount not to exceed $111,044 including taxes and authorize the Mayor to execute the required documents; c) authorize a Contingency Transfer from the General Fund Contingency in the amount of $1,926; d) authorize a Contingency Transfer from the Police System Development Fee Fund in the amount of $3,833; and e) authorize a Contingency Transfer from the Water Replacement Fund in the amount of $2,744. This item was approved with the Consent Calendar vote. 11.CONTRACT – consider approval of expenditures under Contract No. 319000258 (EDEN No. 2016-1105-0082) with Hewlett Packard Company in an amount not to exceed $162,000 to provide computer hardware and services and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 12.CONTRACT – consider approval of expenditures under Contract No. 319000053 (Eden 4 2015-1105-0447) with Motorola Solutions in an amount not to exceed $290,000 for Public Safety two-way radios and associated equipment and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 13.CONTRACT – consider approval of Task Order No. 44 to Job Order Contract (JOC) Contract No. 319000397 (EDEN #2017-2106-0411) with CS Construction Inc. in an amount not to exceed $437,554.50 for installation of approximately 11 miles of new 96- strand Fiber Optic cable, Project No. TS1660, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 14.CONTRACT– consider approval of the guaranteed maximum price (GMP) Change Order No. 3 to Construction Manager at Risk (CM@R) Services Contract No. 319000654 with Hunter Contracting Co. increasing the contract amount by $2,611,672 for construction of roadway and right-of-way improvements for Hearne Way and BriComp Boulevard, Project No. RD2110, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 15.GRANT – consider application and acceptance of a grant from Homeland Security Grant Program: a) Contract No. 319000675 in an amount not to exceed $14,675 for the Urban Area Assessment Teams - Police and Fire Terrorism Liaison Officers (TLO) Program to provide sustainment of satellite cell and data service, internet air card and pager service and travel to attend national conference for training; b) Contract No. 319000677 in an amount not to exceed $38,168 for the Chemical, Biological, Radiological, Nuclear and Explosive (CBRNE) Response Team to provide support team and for the purchase of Self Contained Breathing Apparatus (SCBA); c) Contract No. 319000678 in an amount not to exceed $38,168 for the Chemical, Biological, Radiological, Nuclear and Explosive (CBRNE) Response Team to provide support and for the purchase of detection meter replacement, detection meter and software maintenance, hazardous materials tools and equipment, protective suits, research hardware and travel to attend national conference for training; and d) Contract No. 319000679 in an amount not to exceed $18,620 for the Citizen Corps - Community Emergency Response Team (CERT) training and citizen development, as well as deployment of Volunteers including uniforms, backpacks, training booklets, and medical kits. Councilmember Victor Petersen stated he requested Items 15 and 16 be voted separately; as he did not have a problem with the causes, just the funding source. 5 A MOTION was made by Councilmember Eddie Cook, seconded by Vice Mayor Brigette Peterson, to approve Items 15 and 16. Motion carried 5-2, with Councilmembers Victor Petersen and Jared Taylor casting the dissenting votes. 16.GRANT – consider approval of: a) application and acceptance of a grant Contract No. 319000698 from the 2018 Justice Assistance Grant (JAG) in an amount not to exceed $16,041 for the purchase of nine (9) AR-15 rifle packages and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the Grant Fund in the amount of $16,040. This item was approved with Item 15. 17.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 questioned if bringing the operation in-house would save the taxpayers money. He said even if the projections were correct, it would be a $1,000,000 loss when the facility began running. He said the argument was that there would be a greater loss if a similar facility was developed and ran by the Town, but it was unlikely that the Council would have voted to build the facility. He said selling the facility would bring in cash flow and would keep $1,000,000 that could pay down the liability of the Public Safety Personnel Retirement System (PSPRS). Councilmember Jared Taylor said the proposal was to run Elliot District Park as a premium product with premium fields and staff. He said the fields should be beautiful and well- maintained, but should not be competing with the private sector. He also spoke of the structural loss, which he stated was deeper than $1,000,000. He said the parks that run at a loss should be parks that taxpayers have wide access to, stating this facility was more of a “pay-to-play” park. He said there were a lot of aspirational elements, like potential sponsors, but it was not wise to commit resources when there was not a complete plan in place. Councilmember Eddie Cook stated this item was only to address FTE’s. He said 48 of 52 upcoming weekends were already booked at this facility. He spoke of the revenue that would be generated, and he asked the Parks and Recreation Department to provide some projections. Interim Parks and Recreation Director Robert Carmona reported there was currently 30% cost recovery on general sports fields for general items, and the recreation centers have an 85% subsidy. He stated Elliot District Park was programming at a 51% subsidy which covered rentals, tournaments, classes and leagues. He believed another 15-20% would be added with sponsorships as the facility was more of a complete and finished product. He said the facility would offer a variety of use with the playground, restaurants, and indoor soccer; making it a combination of a special use facility and a public park. He said though 6 the facility would require additional staffing, it would be due to the usage standards. He said the level of care and maintenance would be the same quality as all of their parks. Mayor Jenn Daniels stated the Town inherited a failed model. She said the Town owns the facility, and the Council’s goal was to use it to the maximum capacity. The Council agreed to open it up more to the public, which requires a bigger investment annually. A MOTION was made by Councilmember Eddie Cook, seconded by Councilmember Jordan Ray, to approve Item 17. Motion carried 5-2, with Councilmembers Victor Petersen and Jared Taylor casting the dissenting votes. 18.RISK MANAGEMENT - consider acceptance of the Risk Management Claim Reports for Fiscal Year 2018. This item was approved with the Consent Calendar vote. 19.BUDGET – consider approval of a Contingency Transfer from the Capital Improvement Plan (CIP) Contingency in the amount of $1,500,000 to reduce the Public Safety Personnel Retirement System (PSPRS) Police and Fire unfunded liabilities. This item was approved with the Consent Calendar vote. PUBLIC HEARING Mayor Jenn Daniels opened the public hearing for items 24, 26, and 28. No one wished to speak and Mayor Jenn Daniels closed the public hearing. A MOTION was made by Councilmember Victor Petersen, seconded by Vice Mayor Brigette Peterson, to approve public hearing Items 24, 26, and 28. Motion carried 7-0. 20.LIQUOR LICENSE – conduct hearing and consider approval of a Series 4 Wholesaler Liquor License for 750 Imports located at 4455 South Burma Court. Mayor Jenn Daniels opened the public hearing on Item 20. Councilmember Jared Taylor stated he would not be supporting the item, due to its location in the middle of a neighborhood. Mayor Jenn Daniels closed the public hearing on Item 20. A MOTION was made by Councilmember Eddie Cook, seconded by Councilmember Jordan Ray, to approve Public Hearing Item 20. Motion carried 6-1, with Councilmember Jared Taylor casting the dissenting vote. 21.LIQUOR LICENSE – conduct hearing and consider approval of a Series 7 Beer and Wine Liquor License for Harkins San Tan Village 16 located at 2298 East Williams Field Road. 7 Mayor Jenn Daniels opened the public hearing on Item 21. Councilmember Jared Taylor stated he would not be supporting this item. Councilmember Victor Petersen stated he did not see a difference between serving alcohol in a theater and serving it in a restaurant. He stated he did not believe it would threaten the family-friendly environment and it was up to the property owners on how they would like to run their business. Councilmember Eddie Cook stated he met with Mr. Harkins, the theater owner, who considers himself a restaurateur and the theaters to be like a restaurant. Mayor Jenn Daniels closed the public hearing on Item 21. A MOTION was made by Councilmember Eddie Cook, seconded by Councilmember Jordan Ray, to approve Public Hearing Item 20. Motion carried 6-1, with Councilmember Jared Taylor casting the dissenting vote. 22.ANNEXATION A18-02 – consider adoption of an Ordinance approving the annexation of approximately 26.2 acres located at the southwest corner of Recker and Ocotillo Roads. A public hearing was held on June 21, 2018. Continued to the September 20, 2018 Regular meeting. 23.GENERAL PLAN GP18-06 / ZONING Z18-09 - conduct hearing and consider: a) adoption of a Resolution approving a Minor General Plan Amendment to change the land use classification of approximately 21.3 acres of real property generally located at the southwest corner of Recker and Ocotillo Roads from Residential > 0-1 du/ac land use classification to Residential > 1-2du/ac land use classification. The effect of this amendment will be to change the plan of development for the property to allow increased density of residential development; and b) approval of the findings and adoption of an Ordinance for Terraza to rezone approximately 23 acres of real property generally located at the southwest corner of Recker and Ocotillo Roads from Maricopa County Rural - 43(RU-43) zoning district to 21.3 acres of Town of Gilbert Single Family – 10 (SF-10) and 1.7 acres of Public Facilities/Institutional (PF/I) zoning districts, all with a Planned Area Development Overlay zoning district to modify minimum lot dimensions and establish a plan of development. The effect of the rezoning will be to permit single-family housing. Continued to the September 20, 2018 Regular meeting. 24.PROPERTY ACQUISITION – conduct hearing and consider adoption of a Resolution approving the acquisition of right-of-way and easements for Germann Road from Val Vista Road to Mustang Drive, Project No. ST1450, and Lindsay Road from Pecos Road to Lovebird Lane, Project No. ST1170. 8 This item was approved with the Public Hearing Vote. Resolution No. 3994 was adopted. 25.CODE OF GILBERT - conduct hearing and consider adoption of an Ordinance amending the Code of Gilbert, Arizona, by amending Chapter 54 Streets, Sidewalks and other Public Places, Section 54.1 Obstruction of Streets related to minimum clearance requirements as it applies to vegetation along streets and sidewalks. Mayor Jenn Daniels opened the public hearing on Item 25. Councilmember Scott Anderson asked about clearance requirements at the Riparian Preserve and questioned if the pathways in the Preserve were considered streets or pedestrian pathways, as it would change the trimming and height requirements for trees. Public Works Director Jessica Marlow reported the pathways at the Riparian Preserve would be considered pedestrian pathways. She stated the 13.5 feet clearance that is currently in the code is more for streets and for the use of large equipment such as fire and trash trucks. This item would include the reduction on pedestrian pathways to only eight feet in order to maintain shade and aesthetics. Councilmember Jared Taylor and the Council thanked those who worked on the code change. Mayor Jenn Daniels closed the public hearing on Item 25. A MOTION was made by Councilmember Scott Anderson, seconded by Councilmember Jared Taylor, to approve Public Hearing Item 25. Motion carried 7-0. Ordinance No. 2678 was adopted. 26.CODE OF GILBERT - conduct hearing and consider adoption of an Ordinance amending the Code of Gilbert, Arizona, by amending Chapter 10 Buildings and Construction Regulations, Article VI Public Works, Section 10-202 Adoption of Town of Gilbert's Public Works and Engineering Standards, Supplement to MAG Uniform Standard Details for Public Works Construction, and the Supplement to MAG Uniform Standard Specifications for Public Works Construction related to minor revisions to the Town of Gilbert Engineering Standards and Details related to Public Works construction. This item was approved with the Public Hearing Vote. Ordinance No. 2679 was adopted. 27.REDEVELOPMENT PLAN - - consider adoption of a Resolution approving an update of the Heritage District Redevelopment Plan and authorize the Mayor to execute the required documents. Mayor Jenn Daniels opened the Public Hearing on Item 27. Economic Development Administrator Amanda Elliott presented a summary of the Heritage District Redevelopment Plan. She stated the plan would act as a vision for the 9 next 10 years, would provide recommendations and tactics, and would allow the Heritage District to retain the Redevelopment Area designation. She noted the plan would not obligate the Council to proceed with the recommended projects or require modifications to the Design Guidelines, Land Development Code, or General Plan. She highlighted the extensive public process that was part of the project, noting public workshops, community outreach, and stakeholder meetings. She reported that the input was added into a draft development plan that had approximately 200 edits. She summarized the size and scope, timeline of the redevelopment area, the eight areas of focus, and the fundamental concepts; projects such as a car-free area, a pedestrian underpass, and an area with enhanced sidewalks and on-street parking. Doralise Machado-Liddell, Gilbert resident, was in support of the item, but did not speak. Kathy Tilque, Gilbert resident, voiced her support of the Redevelopment Plan on behalf of the Gilbert Chamber of Commerce. She stated that the community outreach was more than she had ever witnessed before. She said she was impressed by how Town staff incorporated the concerns of residents and businesses into the plan after each meeting. Councilmember Jordan Ray said he was in support of the Plan and he appreciated the staff and volunteers who worked on the project. He asked staff to continue with the community outreach, noting Gilbert Public Schools would be affected by the Vaughn Ventilator project. Councilmember Scott Anderson congratulated the staff and consultant on their work. He thanked the residents of the neighborhood for their valuable input and stated the “vision document” should stimulate private investment in the community. He asked that the integrity of the plan remain unique and pedestrian-oriented. Councilmember Jared Taylor voiced concerns about the expense, the restrictive nature, and the limited outreach. He said the Town would have to make a significant financial commitment with infrastructure, and there would also be other expectations and subsidies. He spoke of specifications that were restrictive, such as height requirements, stating they should only be recommendations in the document. In regards to limited outreach, he said he spoke with many residents, and with Gilbert Public Schools, who were not aware or able to add input. He also addressed concerns with the transportation plan. Councilmember Victor Petersen stated he supported the item, with a requested amendment on the “Regulatory Updates” section, supporting that they were suggestions and recommendations only, not a directive for new regulation. He stated he did have concerns regarding the expenses, but would continue to speak out when needed. Vice Mayor Brigette Peterson thanked all those involved for their efforts. Councilmember Eddie Cook stated he was in favor of the item and that his number one priority was circulation. Mayor Jenn Daniels also thanked those involved and called this “an award-winning vision”. She spoke of the importance of planning for future opportunities. She also noted her past 10 communication with the Superintendent of Gilbert Public Schools regarding the Redevelopment Plan, which she said spanned over months. Mayor Jenn Daniels closed the Public Hearing on Item 27. A MOTION was made by Councilmember Scott Anderson, seconded by Councilmember Jordan Ray, to adopt the 2018 Heritage District Redevelopment Plan, subject to the following changes in the text: rename the character subsection “Regulatory Updates” to “Recommended Regulatory Updates”; and add an introduction to that subsection which states, “These proposed regulatory requirements are meant to serve as recommendations for updates to the Heritage District Design Guidelines, Land Development Code and General Plan. The recommendations will be further vetted and will return to Council for approval. Any future determinations or modifications will be updated in this Redevelopment Plan.” Motion carried 6-1, with Councilmember Jared Taylor casting the dissenting vote. Resolution No. 3995 was adopted. 28.STREETLIGHT IMPROVEMENT DISTRICT 18-02 - consider adoption of a Resolution creating Streetlight Improvement District No.18-02 for the Lakeview Trails (Southwest) at Morrison Ranch subdivision, and ordering the improvements. This item was approved with the Public Hearing Vote. Resolution No. 3996 was adopted. ADMINISTRATIVE ITEMS 29.PRESENTATION - Presentation on the 2018 Gilbert Benchmark Report. Management and Budget Analyst Nicole Rizzo presented the 2018 Gilbert Benchmark Report and highlighted the three reasons for benchmarking: peer comparison, areas of success, and opportunities to improve. She provided benchmark measures such as the average Police Department response time for emergency call service, single-family building permits issued, recyclable material diversion rate, and outstanding general obligations debt against current capacity. She noted the report was available on the Town’s website. 30.COUNCIL ADMINISTRATION - discussion regarding the League of Arizona Cities and Towns 2019 Proposed Resolutions for the purpose of representing the Town at the League of Arizona Cities and Towns Resolutions Committee at the Annual Conference. Intergovernmental Relations Assistant Amy Arguilez summarized the League of Arizona Cities and Towns’ resolution process. She provided the Council with a list of proposed Policy Committee Resolutions, and noted that Mayor Jenn Daniels would serve on the League’s committee. She stated this year there were 14 proposed ideas that were vetted among five policy committees; 12 resolutions were recommended for consideration at the conference. She highlighted the Budget, Finance, and Economic Development (BFED) Resolution No. 1, noting it was to promote discussions with homebuilding industry stakeholders on potential modifications to the impact fee statutes. She also outlined the General Administration, Human Resources, and Elections Resolution (GAHRE) No. 3, 11 stating it was to encourage Arizona State legislators to establish a legislative committee to examine and explore resources for the Revolving Emergency Telecommunications Fund (9- 1-1 funding). Intergovernmental Relations Director René Guillen reviewed the GAHRE Resolution No. 2, stating it would allow cities and towns to use excess revenues from legacy volunteer fire department profit-sharing plans to reduce unfunded liabilities in the Public Safety Personnel Retirement System (PSPRS). He also spoke on the League Staff Resolution No. 1, stating its purpose was to investigate and potentially support legislation permitting PSPRS members currently enrolled in the system to make a one-time irrevocable election to convert their account from the Defined-Benefit (DB) plan to the PSPRS Defined- Contribution (DC) Plan. Mayor Jenn Daniels encouraged the Council to provide her with feedback before the League Conference. Councilmember Eddie Cook referenced BFED Resolution No. 3, which addresses the border crossing card and its purpose to allow an individual to visit the United States within a specific mile range and time period. He stated he was not in support of the resolution which would allow unlimited miles in the State of Arizona. He stated there was currently a Federal I-94 form which would fill this need; noting he believed it to be a federal issue, not a state issue. Councilmember Victor Petersen stated he believed there were changes that needed to be made to the Impact Fee bill in BFED Resolution No. 1, but cautioned against a “loophole” in the bill. He also stated he was not in favor of the Neighborhoods, Sustainability, and Quality of Life (NSQL) Resolution No. 1, regarding short-term rentals, stating he was a property rights advocate. He was not in favor of NSQL Resolution No. 2, warning against taking money from where it was earned and putting it where it was not earned. Lastly, he referenced NSQL Resolution No. 4 regarding violation of airspace. He said he supported coordination efforts that suggest, help, and warn schools about Federal Aviation Administration (FAA) rules, but anything beyond that is unnecessary. Councilmember Scott Anderson encouraged local control over the State of Arizona mandating municipalities. Councilmember Jared Taylor said he supported the feedback from Councilmember Eddie Cook. In regards to GAHRE Resolution No. 1, he wished to add online signatures for local elections as an amendment. Mayor Jenn Daniels stated that the window to have that added has passed. He spoke on the balance of local control versus state control, noting the need to protect individual rights as the core issue. 31.COUNCIL ADMINISTRATION - consider acceptance of the Budget Report and Contingency Report for the fourth Quarter of FY18. A MOTION was made by Councilmember Victor Petersen, seconded by Councilmember Jordan Ray, to approve Item 31. Motion carried 7-0. 12 32.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 There was no discussion. 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) There was no discussion. COMMUNICATIONS Report from the TOWN MANAGER on current events. Town Manager Patrick Banger expressed appreciation to Economic Development Administrator Amanda Elliott and Interim Parks and Recreation Director Robert Carmona and their teams for their work on Redevelopment Plan and the Elliot District Park budget item. He congratulated Chief Digital Officer Dana Berchman and the Gilbert Digital Team on their two Rocky Mountain Emmy Award nominations, one for the Digital State of the Town and the other for the Carpool Karaoke feature. 13 Report from the COUNCIL on current events. Councilmember Jared Taylor encouraged citizens to vote and study the candidates. He stated that the Town may receive questions regarding Constitution Week, due to changes in the private group that sponsors the event. Report from the MAYOR on current events. Mayor Jenn Daniels reported that Higley Unified School District’s (HUSD) Teacher of the Year Dinner was being held, where 14 teachers were being recognized and one teacher would be awarded the top honor. She thanked HUSD, as well as all teachers and administrators for their hard work and contributions. RECESS REGULAR MEETING AND RECONVENE IN EXECUTIVE SESSION A MOTION was made by Councilmember Eddie Cook, seconded by Councilmember Jordan Ray, to recess the Regular Meeting and reconvene in Executive Session pursuant to: a) A.R.S. § 38-431.03(3), (4), and (7) for discussion and consultation for legal advice from the Town Attorney and discussion and consultation with designated Town representatives concerning the sale of an approximately 58-acre parcel of land located on the southwest corner of Germann Road and Pecos Road and the sale of an approximately 80-acre parcel of land located at the southwest corner of Greenfield Road and Chandler Heights Road; and b) A.R.S. § 38-431.03(3), (4), and (7) for legal advice from the Town Attorney and discussion and consultation with Town representatives concerning the disposal of a 9.1 acre parcel in Heritage District located on the southeast corner of Ash Street and Juniper Avenue; and c) A.R.S. § 38-431.03(3) and (4) for legal advice from the Town Attorney and discussion and consultation with Town representatives concerning procurement and contract negotiations with concessionaires and vendors at Elliott District Park. Motion carried 7-0. Mayor Jenn Daniels recessed the Regular meeting at 8:17 p.m. ADJOURN EXECUTIVE SESSION AND RECONVENE REGULAR MEETING ADJOURN Mayor Jenn Daniels adjourned meeting at 9:11 p.m. ATTEST: 14 ___________________________ ___________________________________ Jenn Daniels, Mayor Kris Kingsmore, Deputy 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 16th 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 ____________________. ___________________________________ Kris Kingsmore, Deputy Town Clerk 15