Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL IN REGULAR MEETING OF THURSDAY, SEPTEMBER 06, 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, Fleet Division Manager Lee Topic, Police Chief Michael Soelberg, Principal Planner Amy Temes, Town Engineer David Fabiano, Planner II Stephanie Bubenheim, Development Services Director Kyle Mieras, Lean Innovator Nina de Castro, Collections Administrator Paul Montes, and Public Works Director Jessica Marlow AGENDA ITEM CALL TO ORDER Mayor Jenn Daniels called the meeting to order at 6:32 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Jordan Ray introduced the scouts in attendance who led the Pledge of Allegiance and introduced themselves. Pastor Terry Baughman of Life Church gave the invocation. ROLL CALL Town Clerk Lisa Maxwell called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS 1. PROCLAMATION - Proclamation declaring the month of September as Gilbert Feeding Families and Hunger Action Month. Vice Mayor Brigette Peterson read a proclamation declaring September as Gilbert Feeding Families and Hunger Action Month, and presented the proclamation to Board Chair Bill Warren, Community Engagement Manager Melissa Forrester, Board Member and Police Chief Michael Soelberg, and Committee Chair Susan Moresco. 2. PROCLAMATION - Proclamation declaring September 11, 2018 as A Day of Service and Remembrance. 1 Councilmember Eddie Cook read a proclamation declaring September 11, 2018 as A Day of Service and Remembrance, and presented the proclamation to Police Chief Michael Soelberg and Deputy Fire Chief Rob Duggan. COMMUNICATIONS FROM CITIZENS None. CONSENT CALENDAR A MOTION was made by Vice Mayor Brigette Peterson, seconded by Councilmember Eddie Cook to approve Consent Items 5, 6, 9, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26 and 26A; remove Consent Items 3, 4, 7, 8, 10 and 19 from the Consent Calendar; and add Items 35 and 36 to the Consent Calendar; appointing Anthony Panepinto to the Town of Gilbert, AZ Self-Insured Trust Fund for Health Insurance Benefits as a regular member with terms ending September 30, 2021; and appointing Ryan Hamilton and Boe Bigelow to the Redevelopment Commission as regular members with terms October 31, 2022. Motion carried 7-0. 3. INTERGOVERNMENTAL AGREEMENT – consider approval of: a) an Amendment No. 2 to Intergovernmental Agreement No. 2016-5501-0369 with Maricopa County HOME Consortium to utilize Fiscal Year 2018-2019 HOME Investment Partnership Funds in an amount not to exceed $275,279 and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the Special Revenue Fund in the amount of $71,279. Councilmember Victor Petersen requested a separate vote due to funding. A MOTION was made by Councilmember Eddie Cook, seconded by Councilmember Jordan Ray, to approve Item 3. Motion carried 5-2 with Councilmembers Victor Petersen and Jared Taylor casting the dissenting votes. 4. AGREEMENT – consider approval of Agreement No. 319000122 with the Greater Phoenix Economic Council (GPEC) in an amount not to exceed $114,513 for the regional economic development program and authorize the Mayor to execute the required documents. Councilmember Jared Taylor requested a separate vote due to questions on the Return on Investment (ROI). Councilmember Scott Anderson said he would like to look at how the fees are calculated by GPEC to see if it may be best to do a commission-based calculation in the future. Councilmember Eddie Cook spoke in favor of the item, stating GPEC was instrumental in securing the business of Deloitte in Gilbert and said the ROI will accumulate. 2 A MOTION was made by Councilmember Eddie Cook, seconded by Vice Mayor Brigette Peterson, to approve Item 4. Motion carried 5-2 with Councilmembers Victor Petersen and Jared Taylor casting the dissenting votes. 5. CONTRACT – consider approval of Environmental Access Agreement No. 319000802 with the Arizona Department of Environmental Quality (ADEQ) to drill a monitoring well and sample groundwater on the west side of North Abalone Drive, approximately 250 feet north of the intersection with Guadalupe Road, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 6. CONTRACT – consider acceptance of the bid of the high bidder, Desert Vista 100, LLC, an affiliate of Blandford Homes, from Public Auction Contract No. 2018-1001-0284 in an amount of $18,500,000 payable to the Town for 58 acres of real property located at Germann and Greenfield roads and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 7. CONTRACT – consider approval of Architectural/Engineering Services (A/E) 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. Councilmembers Jared Taylor and Victor Petersen stated they would not be supporting Items 7 and 8, due to concerns about the amount being spent versus what will be gained. A MOTION was made by Councilmember Eddie Cook, seconded by Councilmember Scott Anderson, to approve Items 7 and 8. Motion carried 5-2 with Councilmembers Victor Petersen and Jared Taylor casting the dissenting votes. 8. 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 approved Item 7. 9. CONTRACT – consider approval of a Construction Management at Risk Contract (CMAR) for Pre-Construction Services Contract No. 319000714 (Eden 2018-2106-0271) with Hunter Contracting in an amount not to exceed $155,368.64 for the construction of Candlewood Lift Station and Forcemain, Project No. WW0700, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 3 10.CONTRACT – consider approval and authorize the Mayor to execute the required documents for: a) Cooperative Purchase Agreement No. 319000685 with Midway Chevrolet utilizing State of Arizona Cooperative Purchasing Contract No. ADSPO17-166122; and b) the purchase thirteen (13) vehicles pursuant Cooperative Purchase Agreement No. 319000685 with Midway Chevrolet in an amount not to exceed $686,381.62 including taxes. Councilmember Jordan Ray asked why the purchases were not being made in Gilbert, stating that with tax savings added, it may be beneficial to buy within the town. Fleet Division Manager Lee Topic stated AutoNation Chevrolet Gilbert said they cannot compete with State pricing, but they were preparing a quote that had not yet been received. There was discussion regarding the timing and needs of the vehicles. Police Chief Michael Soelberg stated the price of the Ford Explorers will increase, so he recommended approval of those purchases now versus later. It was noted that the purchase of the Ford Explorers was previously approved in Item 14 on the Consent Agenda. Councilmember Jordan Ray requested that Item 10 be continued to the September 20, 2018 Council meeting. A MOTION was made by Councilmember Jordan Ray, seconded by Councilmember Victor Petersen, to continue Item 10 to the September 20, 2018 Council meeting. Motion carried 7-0. 11.CONTRACT – consider approval of the purchase of one (1) dump truck pursuant to Cooperative Purchase Agreement No. 319000034 (Eden #2018-1103-0089) with Freightliner of Arizona LLC. in an amount not to exceed $131,682.01 including taxes and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 12.CONTRACT – consider approval of the purchase of two (2) rear-end loader solid waste trucks pursuant to Cooperative Purchase Agreement No. 319000430 (Eden No. 2018- 1103-0309) with Rush Truck Center Phoenix in an amount not to exceed $547,350.87 including taxes and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 13.CONTRACT – consider approval of the purchase of two (2) backhoes pursuant to Cooperative Purchase Agreement No. 319000033 (Eden No. 2017-1103-0651) with Empire Southwest LLC. in an amount not to exceed $216,854.20 including taxes and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 4 14.CONTRACT – consider approval of the purchase of five (5) vehicles pursuant to Cooperative Purchase Agreement No. 319000038 (Eden #2017-1103-0617) with San Tan Ford in an amount not to exceed $184,848.10 including taxes and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 15.CONTRACT – consider approval of: a) the purchase of five (5) Automatic Side-Loaders pursuant to Cooperative Purchase Agreement No. 319000430 (Eden #2018-1103-0309) with Rush Truck Center Phoenix in an amount not to exceed $1,624,140.65 including taxes and authorize the Mayor to execute the required documents; and b) authorize a Contingency Transfer from the Environmental Services Residential Replacement Fund in the amount of $24,140.65. This item was approved with the Consent Calendar vote. 16.CONTRACT – consider approval of expenditures under Contract No. 319000249 (Eden 2017-1105-0670) with Axon Enterprise, Inc. in an amount not to exceed $252,199 for the annual maintenance for storage and services related to body worn cameras and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 17.CONTRACT – consider approval of a Job Order No. 2 pursuant to Cooperative Purchase Job Order Contract No. 319000393 (Eden 2018-2106-0297) with Felix Construction Inc. in an amount not to exceed $1,054,547 for chlorine conversion construction services, Project No. WA0550, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 18.CHANGE ORDER – consider approval of Change Order No. 1 to Project Management/ Construction Management (PM/CM) Services Contract No. 319000651 with Tristar Engineering & Management, Inc. increasing the contract amount by $56,850 for Heritage District Transportation Improvements, Project No. RD2110, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 19.GRANT – consider application and acceptance of a Congestion Mitigation and Air Quality Improvement (CMAQ) Grant Contract No. 319000821 through the Maricopa Association of Governments for the purchase of PM-10 certified street sweepers. 5 A MOTION was made by Councilmember Jared Taylor, seconded by Councilmember Jordan Ray, to approve Item 19. Motion carried 7-0. 20.BUDGET – consider approval of a Contingency Transfer from the General Fund in the amount of $101,970 for use of the FY 2019 Proposition 302 monies for tourism marketing by the Gilbert Office of Economic Development with revenue received from the Arizona Office of Tourism in a like amount to replenish the General Fund. This item was approved with the Consent Calendar vote. 21.HUMAN RESOURCES – consider adoption of a Resolution amending the Worker Compensation policies to include workers compensation benefits for volunteers. This item was approved with the Consent Calendar vote. Resolution No. 3997 was adopted. 22.HUMAN RESOURCES – consider adoption of a Resolution amending Rule 4.3.3.6.2.3 of the Town of Gilbert Personnel Rules in the Benefits Sections regarding payment of sick leave benefits upon the death of an employee who is eligible for retirement at the time of death with an effective date of October 6, 2018. This item was approved with the Consent Calendar vote. Resolution No. 3998 was adopted. 23.GENERAL PLAN GP18-11 - conduct hearing and consider adoption of a Resolution approving written procedures for the Public Involvement Program of the General Plan ten- year update. This item was approved with the Consent Calendar vote. Resolution No. 3999 was adopted. 24.STREETLIGHT IMPROVEMENT DISTRICT 18-03 - consider adoption of a Resolution creating Streetlight Improvement District No. 18-03 Marathon Ranch subdivision and ordering the improvements. This item was approved with the Consent Calendar vote. Resolution No. 4000 was adopted. 25.FINAL PLAT SP1667 - consider approval of the final plat for San Tan Charter High School located south of the southwest corner of Power Road and the Olney Avenue alignment. This item was approved with the Consent Calendar vote. 26.MINUTES – consider approval of the minutes of Regular Meetings of August 2, 2018 and August 16, 2018. 6 This item was approved with the Consent Calendar vote. 26A. ELECTIONS - consider adoption of a Resolution accepting the canvass of the Primary Election of August 28, 2018 and presentation of Certificate of Election. This item was approved with the Consent Calendar vote. Resolution No. 4001 was adopted. Mayor Jenn Daniels presented Certificates of Election to Councilmember-Elect Aimee Rigler and newly re-elected Councilmembers Eddie Cook, Brigette Peterson, and Jordan Ray. PUBLIC HEARING Mayor Jenn Daniels opened the public hearing for Item 31. No one wished to speak and Mayor Jenn Daniels closed the public hearing. A MOTION was made by Councilmember Jared Taylor, seconded by Victor Petersen, to approve public hearing Item 31. Motion carried 7-0. 27.GENERAL PLAN GP18-05 / ZONING 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. Mayor Jenn Daniels opened the public hearing on Items 27, 28, 29 and 30. Principal Planner Amy Temes provided a summary on the projects GP18-04/Z18-05, Gilbert Crossroads Light Industrial (LI), and GP18-05/Z18-06, Liv Gilbert Crossroads. She summarized the current and requested zoning classifications, noting all the items were recommended by the Planning Commission. She stated a legal protest was filed; noting the Ownership signature requirement of 20% was met at 51%, but stating the 20% requirement for the Land Area was only at 8.6%. She summarized the details of the 7 development plans, the requirements that were met, public concerns, and the expected impact on the neighborhood and traffic. Attorney Ed Bull of Burch & Cracchiolo, PA spoke on behalf of applicants the Rockefeller Group, Liv Holding, and East Group. He stated part of the reason the Planning Commission recommended the items was because the land uses and the transition from Single-Family to Multi-Family made good sense for that location. He summarized the history of the property, the neighborhood outreach process, and examples of neighbor responses and concerns. He highlighted the accommodations that were made to those concerns including traffic accommodations and buffers, and spoke of fiscal and economic benefits to Gilbert. Diane Gramze, Chandler resident, spoke of occupancy rates and the abundance of Multi- Family housing in the area. She said Single-Family homes are needed in the area, stating they will bring in long term revenue and have higher occupancy rates. Mark Sean St. Clair, Chandler resident, spoke of the increase of residents and automobiles the development will bring to his neighborhood. He spoke of traffic, safety, and crime concerns. He shared reviews from the Liv Northgate apartment community owned by the same applicant that supported his concerns of an increase of drugs and crime. Deborah Ruiz, Chandler resident, spoke of excessive traffic and overcrowding already in the area. She stated the studies done by the applicant were inaccurate and done prior to the current growth in the area. She spoke on the overcrowding of schools and said adequate infrastructure was not in place to support the project. Denise Ovalle, Chandler resident, spoke of the General Plan that was passed in 2012. She stated the project was a departure from that plan, noting its goal was for growth to not impact residential neighborhoods. She spoke of the effects of rezoning and the loss of property value to residents in the area. Ginger Rowley, Chandler resident, spoke of a similar experience she faced in her former residence when a new apartment complex brought noise and smoke to her area. She said her current neighborhood was already heavily saturated with apartments and the project would almost double the number of residents. She said the noise and traffic concerns of her current community had not been addressed. She asked that if the item was approved, for the Council to make the zoning more appropriate to her neighborhood. Attorney Ed Bull of Burch & Cracchiolo addressed the concern that the traffic study was outdated. He stated the study did take into consideration background traffic, projected traffic, and had been updated to current time. Matt Brinkman, Chandler resident, stated his home backed up to the property. He said he was more in favor of an apartment complex, as it would help alleviate the light concerns and noise pollution that would come with industrial or business use. Robert Ellsworth, Chandler resident, stated he was a resident of the Liv Northgate apartment community. He spoke highly of its amenities, management, and community. 8 Gary Bilotta, Chandler resident, said he would like to see the parcel remain zoned as Business Park. He said the project will have a negative impact on schools in the area and expressed traffic concerns for the Mustang Drive, 140th Street, and Ryan Road corridor. Tina Moffat, Gilbert resident, stated she works at a Chandler school and the schools in the area are extremely over-populated. Joyce Szeliga, Gilbert resident, stated she lives in the Liv Northgate Apartments. She said she enjoyed living there and they offer many community events, fundraising, and recycling or “green” efforts. She noted she felt safe in the community. Mike Sparks, Gilbert resident, stated he lives in Liv Northgate Apartments. He said he felt safe there and it was kept in pristine condition. Jean Constantine and Heidi Arave who both work for Liv Communities, were present to answer questions if needed. The following individuals were present and against Items 27 and 28, but did not wish to speak: the Accra Family, Ramez Abilmona, Beverly Bilotta, Brad Cartier, Feng Bin Chen, Sherie Cortacitas, Amy Cote, Sarah Erickson, Melissa Faubel, Robin Faubel, Ramesh Ganeshan, Carol Gebhardt, Chad Gilmer, Cindy Gilmer, Gnossrhode, Adam Halik, Kareem Halik, Kinana Halik, Omar Halik, Sarah Harwell, Shee Thong Ho, Keith Jones, Siobhan Jones, Mike Kadar, Josh King, Laura King, Chelsea Lingenfelter, Jason Lingenfelter, Ray Marsh, Lisa Marsh, John Mirkiewkz, Salwa Nabhani, Jay Ovalle, Ayzanat Raun, Azula Raun, Brett Raun, Anlin Ren Feng Chin Soh, Neil Taneja, Fred Thompson, Wo Ching Tung, Shaft Willes, David Williams, Janelle Williams, Charles Willis, LaShawn Willis, Xiaoying Ya, Jim Ziembowicz, and Pat Ziembowicz. There was discussion about vacant buildings in the area and if the applicant could move the development to those locations. Councilmember Scott Anderson asked if the Chandler schools had been contacted about potential impact. Principal Planner Amy Temes stated she received no response back. Mayor Jenn Daniels said she had spoken with both Dr. Casteel and Assistant Superintendent Lana Berry of Chandler Unified School District on this specific topic and site, and both indicated there was not an issue. Councilmember Eddie Cook asked about capacity rates as it related to future Capital Improvement Plan (CIP) road improvements along Germann between Lindsay and Gilbert Road. Town Engineer David Fabiano stated the Town was finalizing the right-of-way and that Germann Road will have six lanes, three lanes eastbound and three lanes westbound. He stated the intersection of Gilbert and Germann Roads was the responsibility of the City of Chandler, and he believed the intersection was built to the configuration it was anticipated 9 to be at. He reported that the forthcoming Lindsay and the Interstate 202 exchange would help to relieve some of the traffic in the area. Mayor Jenn Daniels closed the public hearing on Items 27, 28, 29 and 30. Councilmembers Victor Petersen, Scott Anderson, and Jared Taylor spoke in support of Item 27. Vice Mayor Brigette Peterson spoke in support of the item, but thanked the Chandler residents for voicing their concerns. She stated the project would be better because of their input. Councilmembers Jordan Ray and Eddie Cook also spoke in support of Item 27. Mayor Jenn Daniels stated the LI vacancy rate was only 7.2% and the area was part of the central business district in Gilbert. She said the total private investment in that business corridor since 2012 was $419,000,000, stating this project was a piece of the long-term sustainable future of Gilbert. A MOTION was made by Councilmember Jared Taylor, seconded by Councilmember Victor Petersen to approve Item 27. Motion carried 7-0. Resolution No. 4002 and Ordinance No. 2680 were adopted. 28.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. A MOTION was made by Vice Mayor Brigette Peterson, seconded by Councilmember Jordan Ray to approve item 28. Motion carried 7-0. Resolution No. 4003 and Ordinance No. 2681 were adopted. 29.DEVELOPMENT AGREEMENT – consider adoption of a Resolution approving a 10 Development Reimbursement and Lien Agreement No. 319000813 with RG-Germann LLC for half-street improvements to the Germann Road frontage with dedicated rights-of-way, easements, and temporary construction easements needed for the improvements to Germann Road and authorize the Mayor to execute the required documents. A MOTION was made by Councilmember Victor Petersen, seconded by Councilmember Jared Taylor, to approve Items 29 and 30. Motion carried 7-0. Resolution No. 4004 was adopted. 30.DEVELOPMENT AGREEMENT –consider adoption of a Resolution approving the Termination and Full Release of Development Agreement with RG Germann LLC for the release all parties from the obligations in the prior Development Agreement dated March 24, 2009 and authorize the Mayor to execute the required documents. This item was approved with Item 29. Resolution No. 4005 was adopted. 31.ZONING Z18-07 - conduct hearing and consider approval of the findings and adoption of an Ordinance for Greenfield Lakes Neighborhood Commercial to amend Ordinance Nos. 953 and 1415 to remove approx. 2.1 acres generally located at the northeast corner of Greenfield and Warner Roads from the Greenfield Lakes Planned Area Development (PAD) and to rezone said real property from Neighborhood Commercial (NC) zoning district with a PAD overlay to Neighborhood Commercial (NC) zoning district. This item was approved with the Public Hearing Vote. Ordinance No. 2682 was adopted. 32.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 (PAD) overlay zoning district 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 Land Development Code requirements. a) Council may adopt the attached Ordinance option 1 as recommended by the Planning Commission; or b) Council may the attached Ordinance option 2 subject to conditions as modified by neighborhood and owner input. Mayor Jenn Daniels opened the public hearing on Item 32. Planner II Stephanie Bubenheim provided a summary of rezoning case Z18-13 of Val Vista Marketplace, amending Ordinance No. 1097. She noted location details, existing conditions, and requested changes. She highlighted neighborhood concerns, conditional changes, and optional motions. 11 There was discussion regarding hours of business versus working hours at a facility, the requirements of a restaurant versus a bar, and the conditions regarding alcohol sales. Applicant Mike Gustafson of Jabbel Holdings, LLC said he had been working for a year to fill a vacancy in the shopping center. He gave a history of other restaurants in the center and spoke of how Cogburn’s would balance their sales of food and alcohol. He spoke of the type of liquor licensing needed for that business. He spoke of Bosa Donuts and a yoga studio that would like their hours of business to be extended, stating the proposed changes were a compromise. Cheryl Bullock, Gilbert resident, spoke of concerns regarding alcohol sales and the possibility of alcohol adding to the number of accidents in a dangerous intersection nearby. She also expressed concern regarding the external look of Cogburn’s business and whether the applicant would be a good neighbor. Mitch Marquardt, Gilbert resident, stated his concerns were noise, the increase in traffic, and type of traffic that a bar would bring to the neighborhood. He also addressed concerns of businesses opening before 4:00 a.m. Michael Puzio, Gilbert resident, stated he was on the homeowner’s board when the zoning conditions were originally negotiated. He spoke of business hours and asked to not allow businesses to open before 4:00 a.m. and to retain the closure time at midnight. He voiced safety concerns regarding the increased liquor sale allowance. Patricia Krueger, Gilbert resident, stated she was in favor of the change because she liked to have a well-balanced community. She stated the shopping center in question had to compete with new businesses and that vacancies lead to crime. She stated without a large business that anchors the center, there could be an increase of vandalism and vagrancy. Robert Bullock and Beverly Puzio were present and against the item, but did not speak. There was discussion regarding the enforcement of the alcohol restriction. Planner II Stephanie Bubenheim and Development Services Director Kyle Mieras stated there was no auditing process in place; it would be a complaint-driven investigation based on a zoning code violation. There was discussion regarding the need to both support neighborhoods and encourage successful businesses and how opening times may affect them. Mayor Jenn Daniels closed the public hearing on Item 32. A MOTION was made by Councilmember Jordan Ray, seconded by Councilmember Eddie Cook, to approve Option 2 and to change the opening time to 4:00 a.m. from the 3:00 a.m. time listed. 12 A MOTION was made by Councilmember Victor Petersen, seconded by Councilmember Jared Taylor, to amend the motion by changing the opening time to the requested 3:00 a.m. Motion failed 2-5 with Councilmembers Victor Petersen and Jared Taylor casting the assenting votes. A vote was taken on the original motion. Motion passed 7-0. Ordinance No. 2683 was adopted. 33.PROPERTY ACQUISITION – conduct hearing and consider adoption of a Resolution approving the acquisition of a Right of Way and easements for the Lindsay Road Traffic Interchange, Project No. ST1580. Mayor Jenn Daniels opened the public hearing on Item 33. Councilmember Victor Petersen cautioned against making purchases without all appraisals, and stated appraisals will be received and fair market value will be known before any purchase contracts were approved. Town Attorney Chris Payne affirmed. Mayor Jenn Daniels closed the public hearing on Item 33. A MOTION was made by Councilmember Victor Petersen, seconded by Councilmember Scott Anderson, to approve Item 33 with additional clarification that staff is to obtain appraisals before any purchases take place. Motion carried 7-0. Resolution No. 4006 was adopted. 34.CODE OF GILBERT - conduct hearing and consider adoption of an Ordinance amending the Code of Gilbert, Arizona, by amending Chapter 66 Utilities Operations, Article VII Solid Waste, Division 2 Residential Collection and Disposal, Section 66-288 Preparation of Refuse for Collection and Section 66-291 Frequency of Residential Solid Waste Collection related to the collection of bulk trash. Mayor Jenn Daniels opened the public hearing on Item 34. Councilmember Jared Taylor asked about waste cleanup and how that will be handled. Lean Innovator Nina de Castro and Collections Administrator Paul Montes presented a collaborative project between the Environmental Services team and Town residents. The project included an exercise that involved ride-a-longs and citizen input. The presentation included background options, staffing and resource levels, cause and effect analysis, and operational adjustments. They highlighted the proposed zone and schedule changes and their efforts to inform residents before the proposed October 1, 2018 effective date. There was discussion about how the schedule change may affect staff members and if it will cause an increase in overtime hours. There was also discussion regarding a pilot program that would provide data before the adopting of an ordinance. 13 Public Works Director Jessica Marlow stated the change to the bulk pickup and requirement for bulk placement would occur across the entire town with the change in the ordinance. She said the proposed pilot program would be for one community, with a trial for a “call for pickup” on the bulk trash, rather than eliminating it in a specific neighborhood entirely. Councilmember Jared Taylor requested the implementation be delayed until more communication could be made with homeowners associations and until more data was received. Mayor Jenn Daniels stated the need was critical, based on equipment and staff. She said with digital communications and other programs now available, the notice of the changes could be given to residents faster than before. Public Works Director Jessica Marlow stated the Town could still move forward with the bulk schedule change and rerouting, but could do additional outreach on the placement challenges. There was discussion regarding how the added day of trash pickup would allow trucks to be serviced during the change in rotation. Fleet Division Manager Lee Topic stated staff was working hard to address some issues on hydraulic leaks, to enable more of the fleet to be in the yard for maintenance activities, and to update mid-age trucks that have had hydraulic problems. Mayor Jenn Daniels closed the public hearing on Item 34. A MOTION was made by Councilmember Jared Taylor, seconded by Vice Mayor Brigette Peterson, to approve Item 34. Motion carried 7-0. Ordinance No. 2684 was adopted. ADMINISTRATIVE ITEMS 35.BOARDS AND COMMISSIONS – consider appointment of one regular member to the Town of Gilbert, Arizona Self-Insured Trust Fund for Health Insurance Benefits with a term beginning October 1, 2018 and ending September 30, 2021. This item was approved with the Consent Calendar vote. Anthony Panepinto was appointed to the Town of Gilbert, Arizona Self-Insured Trust Fund for Health Insurance Benefits with a term beginning October 1, 2018 and ending September 30, 2021. 36.BOARDS AND COMMISSIONS – consider appointment of two regular members to the Redevelopment Commission with terms beginning November 1, 2018 and ending October 31, 2022. This item was approved with the Consent Calendar vote. Ryan Hamilton and Boe Bigelow were appointed to the Redevelopment Commission with terms beginning November 1, 2018 and ending October 31, 2022. 14 37.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 FUTURE MEETINGS Requested Agenda Items and Projected Meeting Dates: October Council retreat - 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) October Council retreat - 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. None. Report from the COUNCIL on current events. None. Report from the MAYOR on current events. None. RECESS REGULAR MEETING AND RECONVENE IN EXECUTIVE SESSION A MOTION was made by Councilmember Jordan Ray, seconded by Councilmember Eddie Cook, to recess the Regular Meeting and reconvene in Executive Session pursuant to: 15 a) A.R.S. § 38-431.03(3), receive legal advice from the Town Attorney and discussion with Town representatives concerning proposed changes to the development impact fee ordinance; 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 potential acquisition of and development opportunities for an approximately 20-acre parcel near the Heritage District. Motion carried 7-0. Mayor Jenn Daniels recessed the Regular meeting at 10:23 p.m. ADJOURN EXECUTIVE SESSION AND RECONVENE REGULAR MEETING Mayor Jenn Daniels reconvened the Regular meeting at 10:57 p.m. ADJOURN Mayor Jenn Daniels adjourned meeting at 10:57 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 6th day of September, 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 16