Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF THURSDAY, OCTOBER 18, 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 Clerk Kris Kingsmore, Town Attorney Christopher Payne, Assistant Town Attorney John Baird AGENDA ITEM CALL TO ORDER Mayor Jenn Daniels called the meeting to order at 6:30 p.m. PRESENTATION OF STUDENT CITIZEN OF THE MONTH AWARD Mayor Jenn Daniels and the Council presented Student Citizen of the Month Awards for September to: Kaliani Kemp, Emerson Joesten, Andrew Ruden, Lorenzo Cordova, Charles Heffel, Kenna Davidson, Logan Maki, Reagan McKinzie, Avery Hadley, Lucy Bandura, Gabriel Sabbs, Julian Romero, Tyler Aston, Yidam Hall, Scarlett Olson, Xavier Perez, Bella Yu, Masen Chrzanowski, Isabella Couch, Caitlin Chua, Zoe Bellerose, Addison Steil, Enoch Follett, Candace Montoya, Donovan Bohreer, Chaz Hazelwood, Giovanni Valente, Aliya Martinez, Samantha Lopez, Cody Hendrickson, Joshua Leonard, Tally Thompson, Manuel Meza, Alex Tingle, Alyssa Breann Razo, Dylan Lew, Arianna Hernandez, Caelyn Cervantes, Kiana Asad, Sofie White, and Makenzie Coger. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Scott Anderson introduced the scouts in attendance who led the Pledge of Allegiance and introduced themselves. Messianic Rabbi Israel Nelson of the Beth Emanuel Congregation gave the invocation. ROLL CALL Deputy Town Clerk Kris Kingsmore called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS 1 1. PROCLAMATION - Proclamation declaring the month of October 2018 as Gilbert's Getting Arizona Involved in Neighborhoods (G.A.I.N.) month and October 23 through 31, 2018 as Red Ribbon Week. Councilmember Jordan Ray read a proclamation declaring the month of October 2018 as Gilbert's Getting Arizona Involved in Neighborhoods (G.A.I.N.) month and October 23 through 31, 2018 as Red Ribbon Week, and presented the proclamation to representatives from the Gilbert Police Department. 2. PROCLAMATION - Proclamation declaring the month of October 2018 as Domestic Violence Awareness Month. Councilmember Eddie Cook read a proclamation declaring October 2018 as Domestic Violence Awareness Month and presented the proclamation to the Town Prosecutor’s Domestic Violence Team and the Town Police Department’s Domestic Violence Unit. 3. PROCLAMATION - Proclamation declaring November 1, 2018 as Extra Mile Day. This proclamation was not presented at the meeting, but will be sent by mail. 4. PRESENTATION - Presentation to the Town of Gilbert of the 2018 Technical Innovation Award. Councilmember Jared Taylor presented the 2018 Technical Innovation Award to engineering staff from both the Town of Gilbert and the City of Mesa. 5. RECOGNITION - Recognition of Gilbert Feeding Families Committee and Partners for their time and hard work in bringing together the annual food drive held in September. Vice Mayor Brigette Peterson recognized the Gilbert Feeding Families Committee and their community partners for their time and hard work in bringing together the annual food drive. COMMUNICATIONS FROM CITIZENS Joe Geusic, Gilbert Resident, shared his support of Question 1 on the General Election Ballot but reminded Council to justify the need for a training facility financially so the public understands the real costs for public safety to the community. He also asked Council to come together as a unified voice in support of Question 1. CONSENT CALENDAR A MOTION was made by Vice Mayor Brigette Peterson, seconded by Councilmember Eddie Cook, to approve Consent Items 6, 7, 10, 11, 11A, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25; and to remove Items 8, 9, and 12 from the Consent Calendar. Motion carried 7-0. 2 6. INTERGOVERNMENTAL AGREEMENT – consider ratification of the renewal of Task Force Agreement No. 319000876 with the Drug Enforcement Administration (DEA) allowing the Gilbert Police Department to participate in task force activities and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 7. AGREEMENT – consider approval of Memorandum of Understanding (MOU) Agreement No. 319000891 with the Arizona Diamondbacks Foundation, Inc. and Pimmex General Contracting with no financial impact to the Town for the refurbishment of the scoreboard on Diamondbacks Field at Elliot District Park and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 8. AGREEMENT – consider adoption of a Resolution approving a Grantor Agreement No. 319000896 with Arizona Department of Economic Security for the Business Enterprise Program to operate food service businesses within the Town and authorize the Mayor to execute the required documents. Councilmember Victor Peterson spoke against the item in principle since it is “tax money going to charity.” Councilmember Scott Anderson voiced concern over the state meddling in local affairs. A MOTION was made by Councilmember Eddie Cook, seconded by Vice Mayor Brigette Peterson, to approve Item 8. Motion carried 6-1 with Councilmember Victor Petersen casting the dissenting vote. Resolution No. 4017 was adopted. 9. CONTRACT – consider acceptance of the bid of the high bidder, Desert Vista 100, LLC, an affiliate of Blandford Homes, from Public Auction Contract No. 2018-1002-0285 in an amount of $19,140,000 payable to the Town for 80 acres of real property located at Chandler Heights and Greenfield Roads and authorize the Mayor to execute the required documents. Mayor Jenn Daniels provided history on the purchase of this property and pointed out that none of the current Council was on Town Council at the time of said purchase. In 2016 voters approved the sale of this property and a 58 acre parcel in order to help fund construction of a new Gilbert Regional Park on property that was acquired by the Town for ten dollars. Auctions were held and Desert Vista 100, LLC, an affiliate of Blandford Homes (a Gilbert business), was the highest bidder at $19,140,000. The sale of this parcel, when combined with the earlier sale of the 58 acre parcel for $18,500,000, totals $37,640,000. This is $50,000 above the appraised value of both parcels and is about $3.8 million less than what the land was purchased for by the Council in office at that time. Mayor Jenn Daniels shared this information to make certain all the facts were clear. She said that while the Town may not be getting all the money they had wished for, the money will be used to fund the regional park which is something our residents are asking for now. 3 She stated this will allow the Town to close this chapter of Town history and we can start new. Councilmember Jared Taylor expressed his support of the sale and said he believes the timing of this sale is as good as it is going to get. He said the sale of this property will put it on the tax rolls and the gap the Mayor identified will start to shrink. A MOTION was made by Councilmember Eddie Cook, seconded by Vice Mayor Brigette Peterson, to approve Item 9. Motion carried 7-0. 10.CONTRACT – consider: a) approval of a Cooperative Purchase Agreement No. 319000825 with Empire Southwest Inc. utilizing National Joint Power Alliance (NJPA) Cooperative Purchasing Contract No. 032515-CAT; b) approval of the purchase and installation of a 1500 KW emergency power generator at the Crossroads Lift Station, pursuant to Cooperative Purchase Agreement No. 319000825 with Empire Southwest Inc. in an amount not to exceed $440,543.00 including taxes and authorize the Mayor to execute the required documents; and c) authorize a Contingency Transfer from the Wastewater Replacement Fund in the amount of $440,543.00. This item was approved with the Consent Calendar vote. 11.CONTRACT – consider approval of Tree Services Agreement Contract No. 319000803 (Eden No. 2018-5002-0266 ) with West Coast Arborists, Inc. in an amount not to exceed $197,455 to provide tree trimmings and an inventory of all trees to the Parks & Recreation Department and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 11A. CONTRACT – consider approval of Food and Beverage Services Agreement Contract No. 319000889 (EDEN No. 2018-5003-0330) with Craft Culinary Concepts to provide food and beverage services at Elliot District Park in exchange for annual payments to the Town and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 12.CONTRACT – consider: a) approval of a Cooperative Purchase Agreement No. 319000860 with General Acrylics, Inc. utilizing Mohave Arizona Cooperative Purchasing Contract No. 16MGA12-1201; and b) approval of the purchase of the installation of artificial turf at Elliot District Park in the soccer pavilion and between six (6) spine areas between ballfields pursuant to Cooperative 4 Purchase Agreement No. 319000860 with General Acrylics, Inc. in an amount not to exceed $259,276.69 including taxes and authorize the Mayor to execute the required documents. Councilmember Victor Petersen said he does not want the Town to continue pouring money into this “money pit.” He supports spending money for safety but not for aesthetics. A MOTION was made by Councilmember Eddie Cook, seconded by Councilmember Jordan Ray, to approve Item 12. Motion carried 5-2 with Councilmembers Victor Peterson and Jared Taylor casting dissenting votes. 13.CONTRACT – consider approval of Construction Management Services Contract No. 319000848 with Wilson Engineers, LLC. in an amount not to exceed $148,734 for the construction management of the North Water Treatment Plant Reservoir Roof and water quality improvements to the reservoir, Projects No. WA1210 and WA1420, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 14.CONTRACT – consider: a) approval of a Cooperative Purchase Agreement No. 319000885 with MGC Contractors utilizing City of Peoria Cooperative Purchasing Contract No. ACON20318; b) approval of the replacement of the North Water Treatment Plant Reservoir Roof and water quality improvements to the reservoir pursuant to Job Order Contract (JOC) Cooperative Purchase Agreement No. 319000885 with MGC Contractors in an amount not to exceed $3,000,000 including taxes, Projects No. WA1210 and WA1420, and authorize the Mayor to execute the required documents; and c) authorize a Contingency Transfer from the Water Contingency Fund in the amount of $1,300,000. This item was approved with the Consent Calendar vote. 15.CHANGE ORDER – consider approval of Change Order No. 1 to Contract No.319000869 (Eden No. 2018-2106-0198) with Shade 'N Net increasing the contract amount by $200,528.20 to provide services/supplies for safety netting and shade structures at Elliot District Park and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 16.CHANGE ORDER – consider approval of Change Order No. 1 to Contract No. 319000519 (Eden No. 2017-2106-0485) with Kimley Horn and Associates increasing the contract amount by $161,690 for completion of Germann Road in accordance with the Maricopa Association of Governments (MAG) Regional Transportation Plan, Project No. ST1450, and authorize the Mayor to execute the required documents. 5 This item was approved with the Consent Calendar vote. 17.CHANGE ORDER – consider approval of and authorize the Mayor to execute the required documents: a) Change Order No. 1 to Contract No. 319000556 with Black and Veatch Corporation increasing the contract amount by $49,995 for additional electrical, aerator, HVAC, and structural design at the North Water Treatment Plant, Project No. WA1210; and b) Change Order No. 2 to Contract No. 319000556 with Black and Veatch Corporation increasing the contract amount by $139,617 for coordinating electrical improvements at the North Water Treatment Plant, Project No. WA1210. This item was approved with the Consent Calendar vote. 18.CHANGE ORDER – consider approval of Change Order No. 1 to Cooperative Purchase Agreement Contract No. 319000334 (Eden No. 2018-5002-0216) with Ewing Irrigation Products Inc. increasing the contract amount by $180,000.00 for Irrigation Controller Replacement and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 19.CONTRACT– consider approval of the Guaranteed Maximum Price (GMP) Change Order No. 1 to Construction Services Contract No. 319000535 with Haydon Building Corporation increasing the contract amount by $6,534,396.16 for the Gilbert Road Reconstruction – Baseline Road to North of Guadalupe Road, Project No. ST1680, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 20.CONTRACT– consider approval of the guaranteed maximum price (GMP) Change Order No. 1 to Construction Services Contract No. 319000845 with Haydon Building Corporation increasing the contract amount by $1,425,540 for the Lindsay Road Traffic Interchange Utility Relocation, Project No. ST1580, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 21.ABANDONMENT - consider adoption of a Resolution of abandonment for approximately 2,900 square feet of public utility easements adjoining the south and west boundaries of the Hale Theater parcel located at the northeast corner of Ash Street and Page Avenue. This item was approved with the Consent Calendar vote. Resolution No. 4018 was adopted. 6 22.FINAL PLAT DR18-168 - consider approval of the final plat for "Minor Subdivision for Gilbert Crossroads" located at the southeast corner of Germann Road and Mustang Drive. This item was approved with the Consent Calendar vote. 23.RISK MANAGEMENT - consider acceptance of the Risk Management Quarterly Claim report for the period ending September 30, 2018. This item was approved with the Consent Calendar vote. 24.BOARDS AND COMMISSIONS – consider appointment of Michael Connor as a regular member to the Fire Public Safety Retirement System Local Pension Board with a term beginning October 31, 2018 and ending October 31, 2022. This item was approved with the Consent Calendar vote. 25.MINUTES – consider approval of the minutes of Regular Meetings of September 6, 2018, September 20, 2018 and Special Meetings of September 17, 2018 and September 20, 2018. This item was approved with the Consent Calendar vote. PUBLIC HEARING Mayor Jenn Daniels opened the public hearing for Items 26, 27, and 28. No one wished to speak and Mayor Jenn Daniels closed the public hearing. A MOTION was made by Vice Mayor Brigette Peterson, seconded by Councilmember Eddie Cook, to approve Public Hearing Items 26, 27, and 28. Motion carried 7-0. 26.LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for the Rusty Taco located at 1907 East Williams Field Road, Suite 108. This item was approved with the Public Hearing Vote. 27.ANNEXATION A18-05 – conduct hearing on the proposed annexation of approximately 72.2 acres at Gabriella Pointe Commerce Center located at the southeast corner of Higley and Warner Roads. This item was approved with the Public Hearing Vote. 28.ANNEXATION A18-07 – consider adoption of an Ordinance annexing approximately 27.07 acres of right-of-way along Power Road between Pecos Road and Ocotillo Road contingent upon approval by the Maricopa County Board of Supervisors. This item was approved with the Public Hearing Vote. Ordinance No. 2686 was adopted. 7 29.ZONING AP18-04 (UP18-07) - conduct hearing and consider appeal to the Gilbert Town Council from the Town of Gilbert Planning Commission approval of a request to modify the conditions of a Conditional Use Permit (CUP) allowing for the service of alcohol at a banquet facility located in a Single Family - 3 (SF-43) zoning district and located at 1221 North Greenfield Road at the northeast corner of Greenfield Road and Houston Avenue. The Town Council may uphold, uphold with conditions, or reverse the approval by the Planning Commission. Mayor Jenn Daniels opened the Public Hearing for Item 29. There were 54 people who requested to speak. Mayor Jenn Daniels explained that each side would have 10 minutes to present their case and provided time for each side to coordinate their approach and speakers. Senior Planner Nathan Williams provided Council with background on AP18-04 (Elegant Barn) appealing the Planning Commission’s approval of use permit UP18-07. He explained that in November 2012, Town Council upheld the Planning Commission’s approval of use permit (UP12-05) to allow the banquet facility to operate in a Single Family Residential SF- 43 district, with the stipulation there would be no alcohol on site. In 2015 the owners asked, among other things, to amend the use permit to allow for alcohol on site. The Planning Commission denied that portion of the request. Recently, the owner again asked to amend the existing use permit to allow for a third-party vendor to serve alcohol on the site. On September 5, 2018 the Planning Commission approved this request, by a 4-3 vote, but limited the times alcohol could be served and required the addition of a security officer. This decision was appealed and the item is now before Council. Senior Planner Nathan Williams shared neighborhood concerns over traffic, safety, and potential increased public nuisance due to alcohol. He shared the applicant’s input that allowing alcohol would make the Elegant Barn more competitive with other wedding event facilities. The applicant also said they have been a good neighbor over the past four years. Senior Planner Nathan Williams explained the three potential motions before Council. 1) Make the Findings of Fact and uphold the Planning Commission’s decision to approve UP18-07, subject to the conditions of the Planning Commission. 2) Make the Findings of Fact and uphold the Planning Commission’s decision subject to the conditions of the Town Council. 3) Overrule the decision of the Planning Commission and deny the applicant’s request to allow for the service of alcohol at the facility, meaning all original conditions would remain in effect. Attorney Adam Buck represented and spoke on behalf of the owner/applicant, Dennis and Stella Elliott. He provided history and highlighted past measures taken by the owners to address neighborhood concerns. He said approximately $100,000 has been spent addressing concerns. He said that 57% of potential clients who toured the facility said the inability to sell alcohol was a “deal breaker” and took their business elsewhere. Lack of alcohol, coupled with an increase in wedding reception venues where alcohol is allowed, has left the owners with a non-alcohol wedding reception venue that is “not commercially viable.” If they cannot serve alcohol they will go out of business. 8 Attorney Adam Buck explained the owners must decide what to do with the property if they cannot operate as a wedding reception venue. The most viable option is to operate as a short-term vacation rental party house and that there are no alcohol restrictions on these types of properties. This solution concerns the owners since operations go from controlled to a non-controlled environment. He shared challenges and problems related to this type of rental property and the impact it would have on both the neighborhood and the Town. He reiterated the owner’s desire to use the property as a wedding reception venue with limited alcohol privileges and petitioned Council to approve this request. His clients are trustworthy and have aggressively self-regulated all current restrictions when they could have easily turned a blind eye, he said. Councilmember Scott Anderson questioned Adam Buck about the types of events held at the Elegant Barn and whether the other wedding reception venues Mr. Buck mentioned are close to residential property. Kathy Tilque, President and CEO of the Gilbert Chamber of Commerce, asked Council to consider allowing alcohol at the venue with stipulations that meet both the needs of the neighbors and the business. She said the Elegant Barn has been a good business, a good member of the Chamber, and has been supportive of the community and she hoped a compromise could be reached. Mayor Jenn Daniels gave the speakers opposed to the amended use permit ten minutes to speak. Ron Barney, Gilbert resident, reminded Council that this is a residential neighborhood and that the neighborhood has supported the Barn but feels like a “bait and switch” is being pulled. He said the neighborhood is “pro small business” but “against small business in the wrong area” and “against the impact on our neighborhood.” The owners have now violated the neighborhood’s trust by going against the 2012 agreement, he added. Julie Turley, Gilbert resident, expressed concern about the future of the neighborhood if alcohol is allowed and business at the reception venue increases. She mentioned increased traffic, inebriated drivers, and the general safety of the area. We want to preserve what we bought into and keep it peaceful, she said. Darin DeCesare, Gilbert resident, reiterated that a majority of the neighborhood is against this amendment. One drink can cause impairment and he is concerned that the addition of alcohol at the venue will have negative consequences on the neighborhood’s children. Melea Wheeler, Gilbert resident, shared a saying within her family: “Expectations ruin relationships.” She said that expectations were set in 2012 when the owners and neighborhood agreed that the venue would be alcohol free. Since then, the owners have ruined the relationship by coming back over the years, seeking changes to their conditional use permit by requesting the ability to provide alcohol on site. She said the neighbors have been nothing but good neighbors which is why there haven’t been any complaints against 9 the Barn. If the owners want to serve alcohol at their venue they should relocate it to a commercial area, not a residential neighborhood, she said. Josh Gardner, Gilbert resident, moved to Gilbert three months ago and chose Gilbert because of recommendations of friends and the reputation of the Town. He was not a resident in 2012 when the conditional use permit and its stipulations were first agreed upon. As the father of a special needs child, he asked Council to follow the zoning rules that have been created to keep neighborhoods and residents safe. Sheri Schmeckpeper, Gilbert resident, read from the General Plan that we are to “respect the character of all neighborhoods by encouraging them to preserve and improve upon the positive qualities that make each area unique.” She explained this neighborhood has a unique, rural character and its residents are diverse in skills, education, businesses, interests, and religion. The effects of the addition of alcohol will change the character of our neighborhood and we don’t want our property rights impeded upon, she said. The following Gilbert residents completed Request to Speak cards in support of the appeal and in opposition to the use of alcohol at this location, but did not speak: MaKenna McCoy, Granvil McCoy, Ben Scanlan, Sandee Scanlan, Dana Wheeler, Deb Szymanski, Mark Turley, Julie Randall, Amy Higgins, Jan Tieman, Nick Rushton, Caroline DeCesare, Donna Barney, Elke Rushton, Georgia Mulholland, Julie Bader, Scott Bader, Ralph Jerome, Mike Szymanski, Ashely Navarro, Leah Barney, Witt Randall, Shawn Hastings, Becky Hastings, Thomas Navarro, and Bob Schmeckpeper. Mayor Jenn Daniels gave the supporters of the amended use permit ten minutes to speak. Christiana Hammond, Mesa resident and daughter of the owners, spoke in support of the conditional use permit. She said there would be no reason for Elegant Barn guests to drive down Houston, which is a dirt road, unless they lived there. She promised that the owners are very strict and do not and would not let guests violate any of the rules or become out of control if alcohol was permitted. She mentioned it is hard to not take the comments from the neighbors personally, especially when her family has worked hard to be a good neighbor and to provide a venue that is clean, peaceful, and asset to the community. Stacia Ehlen, Gilbert resident and small business owner, spoke in support of the owners. She attended several events at the Barn and will be hosting an event there in December. She addressed resident concerns about property values and said that residential property values won’t be impacted if the wedding venue is allowed to serve alcohol. She talked about the owner and the significant effort he makes to operate the venue in a manner respectful of its neighbors. Ken Crandall, Gilbert resident, said he is a member of the Church of Jesus Christ of Latter Day Saints. He has never tasted alcohol and if he had his way it would be illegal. He said that regardless of his views, we are a diverse community and everyone should have their free agency. He has read a lot of the letters and feels they are filled with fear and paranoia. He questioned the owner at length and feels he is a man of integrity and will take the necessary steps to ensure no one comes to harm in the neighborhood. 10 Jim Moran, owner of Blue Wasabi in San Tan Mall, said he has worked in the food and beverage industry for 35 years and has never had an issue with responsible service of alcohol. He stated that when you take on a liquor license you take on more liability than a doctor who writes a prescription. He spoke in support of the owners and is confident they will do what it takes to take care of their business, their clients, and their neighbors. The following individuals completed Request to Speak cards against the appeal and in support of the use of alcohol at this location, but did not speak: Christina Hatch (Gilbert resident), Dennis Kircher (residence unknown), Garry Guerin (Mesa resident), Stephanie Dugdale (residence unknown), Louise Kircher (residence unknown), and Andrea Micetic (Scottsdale resident). The following individuals completed Request to Speak cards against the Item but we could not determine if they were against the appeal or against the use of alcohol on this site: Theresa Harvey (Gilbert resident), Troy Harvey (Gilbert resident), Sue Jacobs (Gilbert resident), Shelby Taylor (Gilbert resident), Frances Sreekumar (Gilbert resident), Unni Sreekumar (Gilbert resident), Caleb Worley (Gilbert resident), Megan Kienitz (residence unknown), Sally Emerson (residence unknow), Danielle Lynch (residence unknown), Curtis Wimbs (Mesa resident), Martin Ramos (Mesa resident), and Karen Castorena (Mesa resident). Councilmember Jordan Ray provided his perspective on the conditional use permit as a Council member in 2012. He said it was the applicant and their attorney who offered to be a non-alcohol venue. This offer quieted the concerns of neighbors and made it easier for Council to approve the permit. It was important to note however, that this “no alcohol” concession was not a requirement of the Council but was instead offered by the applicant. Without this concession, the Council would not have approved the permit, he said. If the venue was in a commercial area, the debate over alcohol would be unnecessary. Given the circumstances and location of the venue, he felt the conditional use permit should remain as first approved in 2012, with the 2015 amendment. Councilmember Victor Petersen explained how he approached his evaluation of each finding of fact that had to be considered when determining if this amendment to the existing conditional use permit should be approved. He said the same authority by which the permit was issued is the same authority Council is under tonight. He shared a letter from the venue’s closest neighbor who took a neutral stance. The neighbor was complimentary of the owner’s ability to control the noise, traffic, and guests, said the business had not impacted them at all, and felt the owners had been good and respectful neighbors. Councilmember Victor Petersen said he would support this amendment since it allowed for a venue that had set operating conditions and was contained. Councilmember Scott Anderson approached the decision from a health, safety, and general welfare of the community angle. He said the two items that were extremely concerning for him were risk and liability. If one incident were to happen on the property, or because of an event at the property, there would be a search for the “deepest pocket” 11 and the “deepest pocket’ would be the citizens of Gilbert and the Town. He said the risk and liability would be too high and so he could not support this. Councilmember Jared Taylor said he does not believe the findings of fact have been met and believes the risk is too high. He used the Heritage District as an example of how an area can change once alcohol is introduced. He said to pull the police reports if you want to see the evidence. While he is a champion for letting small businesses grow out of garages, he said at some point in time they grow and cross the line and it’s time for them to be located in an appropriate commercial area. He explained the rest of his approach to the findings of fact and said he would not be in support this change. Vice Mayor Brigette Peterson said she was on the Planning Commission in 2012 when the owner first applied for a use permit. She recollected saying from the dais that she would not support a wedding venue that would not serve alcohol since it would be detrimental to that type of business. She also felt, at the time, that the application did not meet the four findings of fact. She stated that she does not find the amendment meets the four findings of fact and therefore she will not support this modification. Mayor Jenn Daniels said she has learned a lot since 2012 and thinks that conditional use permits, with as many stipulations and conditions as required in this one and in the one that is being requested tonight, make it very difficult for Council to enforce and to ensure that each condition and stipulation is being met. Because of these enforceability challenges, she will not support this item. Mayor Jenn Daniels closed the Public Hearing for Item 29. A MOTION was made by Councilmember Eddie Cook, seconded by Councilmember Jordan Ray, to overrule the Planning Commission’s approval of the Conditional Use Permit UP18- 07 (UP12-05-C) for the Elegant Barn on the grounds set forth at the November 15, 2012 Town Council meeting. Motion carried 6-1 with Councilmember Victor Petersen casting the dissenting vote. ADMINISTRATIVE ITEMS 30.FEES – consider a motion to: a) direct staff to publish a Notice of Intention to Increase System Development Fees for Land Use Assumptions and Infrastructure Improvements; and b) set the public hearing date for December 20, 2018. Councilmember Victor Petersen expressed concern with some of the ways we are calculating system development fees. He said he supports system development fees but wants to be sure they are being calculated appropriately. A MOTION was made by Councilmember Scott Anderson, seconded by Councilmember Victor Petersen, to approve Item 30. Motion carried 7-0. 12 30A. CODE OF GILBERT - discussion and direction to staff on evaluating and improving the Special Event Permit process in regards to events occurring on private property. Mayor Jenn Daniels shared her concern over the Town’s special event permit process and the amount of money and staff time being spent on these permits. Since we have laws and information that can be shared with individuals wanting to host special events on their property, she would like to remove the requirement that special events held on private property obtain a special event permit. She would like to see the Town provide education to private property owners holding special events on what laws and rules apply to them, what will be enforced, and how it will be enforced. She felt this would take a large burden off Town staff as well as those individuals wanting to hold special events for the public on their private property. She said it would eliminate the need for vendors participating in these special events from having to obtain business licenses in order to participate. Councilmember Jordan Ray asked if Town staff runs into unintended consequences from this decision, that they come back to Council so issues can be rectified as needed. A MOTION was made by Mayor Jenn Daniels, seconded by Councilmember Victor Petersen, to remove the special event permit process for special events being held on private property, but request that Town staff also produce an educational and informational document to outline and educate the special event host on what types of codes and laws they may be subjected to as part of the laws and codes that are already on our books, and for staff to review and update Council in January 2019. Assistant Town Attorney John Baird advised Council that the Item was advertised as a discussion and to provide direction to staff to improve the process and therefore the motion should do just that. Mayor Jenn Daniels said the motion was intended to be noticed in a manner that provided Council the opportunity to make the change. Since that did not happen, she would offer an alternative motion. (There was no vote taken on the original motion.) A MOTION was made by Mayor Jenn Daniels, seconded by Councilmember Jordan Ray to direct staff to review the possibility of eliminating the special event permit process for special events held on private property and bring it back to Council for a decision at the next Council meeting. Motion carried 7-0. 31.PARKS AND RECREATION - Consider approval of the creation of a tortoise habitat exhibit at the Riparian Preserve and allow Boy Scouts to proceed with construction under the guidance of the Park and Recreation Department. Councilmember Eddie Cook provided background on the tortoise habitat project and said the greatest concerns are the protection of the tortoise and appropriate food source for the tortoise. 13 Councilmember Scott Anderson said he is supportive of Boy Scout projects at the Riparian Preserve and this habitat but had concerns about the welfare of the tortoise. He invited Parks and Recreation Naturalist Jennie Rambo to the stand to answer questions. Naturalist Jennie Rambo answered questions related to the protected status of a desert tortoise, what responsibilities the Town would have as a tortoise custodian, the behavior of a typical desert tortoise including hibernation patterns, what interaction the desert tortoise would have with other wildlife in the preserve, whether or not plants in the preserve would be sufficient diet for the tortoise, whether or not the Town would have to adopt a tortoise and could adopt a tortoise, requirements for an enclosure or exhibit, and what experience other parks or preserves had with tortoise exhibits. Councilmember Scott Anderson explained that while he is supportive of building a habitat as a Boy Scout project and using it to educate the public, he is concerned about placing a tortoise in the exhibit full-time. He would support using the habitat for temporary exhibits to educate the public about desert tortoises and the process for adopting a tortoise. Parks and Recreation Program Coordinator Jennifer Lauria provided background on the proposed tortoise habitat exhibit at the Riparian Preserve and the vision behind it. She explained that while the Parks Board approved the plan they asked Town staff to research tortoise safety and care concerns. She shared staff suggestions for location, project management, tortoise care, staff and community involvement, programming, and anticipated budget impact. She said the Parks and Recreation Foundation are possibly willing to financially support habitat needs. Mayor Jenn Daniels invited Boy Scouts Kaden Engle and Orlando Rojas to the stand and thanked them for thinking outside the box with this idea. She suggested the Scouts work with Councilmember Scott Anderson to ensure the habitat exhibit would keep the tortoise safe. A MOTION was made by Councilmember Scott Anderson, seconded by Councilmember Jared Taylor, to proceed with the creation of the tortoise enclosure at the Riparian Preserve and do further study involving the Town Naturalist and Councilmember Scott Anderson on the actual amount of time and requirements to have a tortoise in that habitat whether it is part-time or full-time. Motion carried 7-0. 32.PARKS - consider adoption of a Resolution to approve the official name of the Sports Facility at Elliot District Park. Parks and Recreation Manager John Kennedy presented the name Cactus Yards for consideration for the renaming and rebranding of the sports facility at Elliot District Park. A MOTION was made by Councilmember Victor Petersen, seconded by Councilmember Jordan Ray, to approve the official name of the Sports Facility at Elliot District Park as Cactus Yards. Motion carried 7-0. Resolution No. 4019 was adopted. 14 33.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 Vice Mayor Brigette Peterson updated Council on the General Plan process and efforts to gather feedback on the Plan. Mayor Jenn Daniels said she would like to create two Council Subcommittees, with the support of Council. The first subcommittee would be specific to Town building codes and would have the task of refining and clarifying Town of Gilbert building codes. The second subcommittee would be specific to land development code and would be tasked with reviewing that code to ensure Town employees are empowered to make the right call for the Town, treat all fairly, and ensure we do not have code that is unenforceable and difficult to interpret. She asked Councilmembers Scott Anderson, Victor Petersen, and Jared Taylor to serve on the building code subcommittee. She asked Vice Mayor Brigette Peterson and Councilmembers Jordan Ray and Eddie Cook to serve on the land development code subcommittee. Councilmember-elect Aimee Rigler will take Councilmember Victor Petersen’s place in January. She asked Council to spend the next six months on their subcommittee reviews and to report back to the full Council in April 2019. FUTURE MEETINGS No discussion. COMMUNICATIONS Report from the TOWN MANAGER on current events. None. 15 Report from the COUNCIL on current events. Councilmember Victor Petersen reminded Council about the iRun for Good event on October 27, 2018 and appreciates everyone’s support. Councilmember Eddie Cook mentioned Gilbert Parks Foundation will host the Second Annual Night in the Park Luau fundraiser on Saturday, October 20, 2018. Report from the MAYOR on current events. Mayor Jenn Daniels named Trustworthiness as the Pillar of the Month. ADJOURN Mayor Jenn Daniels adjourned meeting at 9:15 p.m. ATTEST: ___________________________ ___________________________________ 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 18th day of October, 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 16