Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL IN REGULAR MEETING OF THURSDAY, NOVEMBER 01, 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, Planner II Keith Newman, Intergovernmental Relations Director Rene Guillen, and Police Commander Randy Brice AGENDA ITEM CALL TO ORDER Mayor Jenn Daniels called the meeting to order at 6:35 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Former Councilmember Les Presmyk led the Pledge of Allegiance. Reverend Judy Cato of the Victory AME Church gave the invocation. ROLL CALL Town Clerk Lisa Maxwell called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS 1. PROCLAMATION - Proclamation declaring the week of November 5, 2018 as Veterans Week in Gilbert, Arizona. Councilmember Scott Anderson read a proclamation declaring the week of November 5, 2018 as Veterans Week in Gilbert, and presented the proclamation to Jim Lichens, Dave Rosenfeld, and Les Presmyk. 2. RECOGNITION - Presentation of the Patriot Award to Andy Lorenz for the outstanding support and understanding military service to our country. Councilmember Jordan introduced Dan Irving and Scott Essex from the Department of Defense Employer Support of the Guard and Reserve program, who recognized employee Andy Lorenz for outstanding support and understanding of military service to our country. 1 Mr. Lorenz provided support to coworker Albert Blanco by performing his work duties while Mr. Blanco was deployed. COMMUNICATIONS FROM CITIZENS Paul Rodriguez, Gilbert resident, stated he has done volunteer work and has come across feral cats while doing his work. He said he has trapped some cats and had them neutered. He referenced an ordinance passed earlier in the year banning the feeding of cats on Town property. He said feeding cats in a particular location will keep other cats from coming to that area. He would like to volunteer to help find a solution. Victoria Stallings, Gilbert resident, also addressed the feral cat issue in Gilbert. She spoke of the volunteers in the area who help to control the feral cats. She requested that the Council develop a committee that includes these experienced volunteers to help find a compassionate solution. CONSENT CALENDAR A MOTION was made by Vice Mayor Brigette Peterson, seconded by Councilmember Jordan Ray, to approve Consent Items 3, 4, 5, 6, 7, 8, and 9. Motion carried 7-0. 3. INTERGOVERNMENTAL AGREEMENT – consider approval of second amendment to the amended and reinstated Intergovernmental Agreement No. 2008-3002-0359 to provide improvements to the Topaz Regional Wireless Cooperative Governance Agreement and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 4. CONTRACT – consider approval of Professional Services Contract No. 319000870 with GHD, Inc. in an amount not to exceed $459,998 to conduct a condition assessment of the North Water Treatment Plant, Project No. WA1400, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 5. AGREEMENT – consider approval of Amendment No. 2 to Lease Agreement No. 2016- 3002-0124 with American Medical Response (AMR) of Maricopa, LLC increasing the annual rental income by $14,310 to lease space in Gilbert Fire & Rescue Stations for a period of one (1) year effective November 17, 2018 with two (2) additional one (1) year renewals and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 6. CONTRACT – consider: 2 a) approval of the purchase of three (3) vehicles pursuant to Cooperative Purchase Agreement No. 319000038 with San Tan Ford in an amount not to exceed $93,918.50 including taxes; b) approval of the purchase of one (1) vehicle pursuant to Cooperative Purchase Agreement No. 319000033 with Empire Southwest in an amount not to exceed $58,665.23 including taxes; c) approval of the purchase of four (4) vehicles pursuant to Cooperative Purchase Agreement No. 319000686 with Sanderson Ford in an amount not to exceed $447,081.82 including taxes and authorize the Mayor to execute the required documents; d) authorize a Contingency Transfer from the General Fund in the amount of $6,291.05; e) authorize a Contingency Transfer from the General Replacement Fund in the amount of $5,206.02; f) authorize a Contingency Transfer from the Environmental Services Residential Replacement Fund in the amount of $66,277.71. This item was approved with the Consent Calendar vote. 7. CONTRACT – consider approval of expenditures under Contract No. 319000248 (Eden 2015-1105-0049) with Avaya, Inc. in an amount not to exceed $121,000 for the telephone system maintenance and managed services in FY2019 and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 8. FINAL PLAT S15-08A - consider approval of the amendment to the final plat for HHB Heights located on the east side of Val Vista Drive, between Brooks Farm Road and Chandler Heights Road. This item was approved with the Consent Calendar vote. 9. MINUTES – consider approval of the minutes of Special Meetings of October 15, 2018 and October 16, 2018. This item was approved with the Consent Calendar vote. PUBLIC HEARING Mayor Jenn Daniels opened the public hearing for Items 10 and 11. 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 Scott Anderson, to approve public hearing Items 10 and 11. Motion carried 7-0. 3 10. ZONING Z18-25 - conduct hearing and consider approval of the findings and adoption of an Ordinance for Copper Bend to amend Ordinance No. 2611 to amend the conditions of development within the Copper Bend Planned Area Development zoning district (PAD) for approx. 19.13 acres of real property generally located at the northwest corner of Hunt Highway and 172nd Street. The effect of this amendment will be to reduce and shift the Hunt Highway right-of-way to the north in coordination with Maricopa County Department of Transportation and the relocation of trail systems. This item was approved with the Public Hearing Vote. Ordinance No. 2687 was adopted. 11. ZONING Z18-24 - conduct hearing and consider adoption of an Ordinance amending The Town of Gilbert Land Development Code, Chapter I Zoning Regulations, Division 4 General Regulations, Article 4.4 Sign Regulations, and the Glossary of General Terms and the Appendix 1 Graphics, related to Manual and Electronic Changing Message Displays utilized with Permanent Wall and Marquee Signs. The effect of the amendment will be to allow Electronic Changing Message Displays on Permanent Wall and Marquee Signs for certain uses, to add criteria and standards related to the operation, placement, and size of such signs, and to amend terms and graphics for clarity and consistency. This item was approved with the Public Hearing Vote. Ordinance No. 2688 was adopted. 12. GENERAL PLAN GP18-07/ZONING Z18-11 - conduct hearing and consider: a) adoption of a Resolution approving a Minor General Plan amendment to change the land use classification of approx. 14.27 acres of real property generally located at the southwest corner of Val Vista Drive and Ray Road from Shopping Center (SC) to Residential > 5 - 8 land use classification; and b) approval of the findings and adoption of an Ordinance for Andalucia Villas, rezoning approximately 14.27 acres of real property generally located at the southwest corner of Val Vista Drive and Ray Road from Shopping Center (SC) zoning district with a Planned Area Development (PAD) overlay to Single Family-Detached (SF-D) zoning district with a Planned Area Development (PAD) overlay. The effect of this rezone will be to allow residential development with modified development standards. Mayor Jenn Daniels opened the public hearing on Item 12. Planner II Keith Newman provided an overview of the Minor General Plan (GP) Amendment and PAD rezoning for the Andalucia Villas project, GP18-07 and Z18-11. He discussed the location, site details, and history of the project. He stated the main reason for the amendment request was to change the use from a shopping center to residential land use. He summarized the details of the proposed development plan, deviation requests, neighborhood meetings, and community feedback. Steven Earl, Gilbert resident, spoke on behalf of New Village Homes. He spoke on the need to deal with the leftover land, or in-fill parcels, that do not have the use that was originally 4 intended. He stated the desire was to build SF-D homes, rather than apartment homes. He summarized project details including architectural design, open space around the community, and its effects on traffic and schools. Amy Petersen, Gilbert resident, said she was horrified when she first heard of the dense project at this location. After meeting with the builder, she was pleased with the homes and happy the builder was willing to work with the neighboring communities. Kim Binion, Gilbert resident, was present and in support of the item, but did not wish to speak. Councilmember Jordan Ray said he went to two of the meetings and there was opposition at first. He congratulated staff and the builder for the work they did to ease the neighbors’ concerns. Councilmember Eddie Cook said he wants to protect commercial property, but he sees that commercial building is not the best use of this property. He said he does support the item. Mayor Jenn Daniels said her concern is with recent accidents along Val Vista Road, and she directed staff to look at the speed limit along this stretch of Val Vista Road. Mayor Jenn Daniels closed the public hearing on Item 12. A MOTION was made by Councilmember Jordan Ray, seconded by Councilmember Eddie Cook, to approve Item 12. Motion carried 7-0. Resolution No. 4020 and Ordinance No. 2689 were adopted. 12A. CODE OF GILBERT - conduct hearing and consider adoption of an Ordinance amending the Code of Gilbert, Arizona, by amending Chapter 14 Businesses, by amending Article I In General, Section 14-1 Definitions, Section 14-4 Conviction Not To Excuse Nonpayment Of Fee, Section 14-5 Prohibited Business Locations related to Special Events, by amending Article II Business Licenses, Section 14-36 Required; Exemptions, and Section 14-37 Separate Licenses Required For Separate Locations related to Special Events, and by amending Article VI Transient Merchants, Section 14-166 Definitions, Section 14-167 Exemptions, Section 14-169 Location, and Section 14-170 Unlawful Noise, related to the Licensing Of Transient Merchants; amending Chapter 15 Special Events, by amending Article I In General, Section 15-1 Definitions, by amending Article II Permits, Section 15-36 Required; Exemptions, Section 15-39 Issuance Of Permit, by amending Article III Requirements, and Section 15-50 General Requirements Related To Special Events. Mayor Jenn Daniels opened the public hearing on Item 12A. Mayor Jenn Daniels stated the item should be continued, as more work is needed to make it right and to comply with State law. Since there were a number of residents present who wished to speak, she said she would like to open the public hearing to allow the opportunity for feedback. She also noted that there had been public concern regarding 5 Airbnb and home-sharing products, but noted this item was not specific to those issues. She stated the Council is preempted by State law to regulate home-sharing types of products. Nancy Church, Gilbert resident, said she lives in the small neighborhood of Circle G II. She stated the large events held at homes in her neighborhood are very disruptive and cause safety issues. Barb Dwyer, Gilbert resident, said she also lives in Circle G II. She understands about the Airbnb, but she is concerned about using a home as a venue for large events. She worries that emergency vehicles cannot get through the neighborhood if needed. Julie Bader, Gilbert resident, said there has been a six year battle to maintain the integrity of her neighborhood. The place in question converted to an Airbnb. She hopes the property rights of the people near this site can also be protected. Pamela Rotchadl, Gilbert resident, said she lives in White Fence Farms and her property backs up to Circle G II. She stated from her home she gets the brunt of all of the noise. She sees a clash between residential and business, and hopes to keep it more residential in the area. Gail Pennington, Gilbert resident, said she lives in Circle G II. She said there have been multiple weddings in her neighborhood over the years and they were handled well. She stated when there was an event at the Airbnb, there were cars lining both sides of the road and parked in front of a fire hydrant and creates safety concerns. Louise Burnham, Gilbert resident, said Circle G II used to be a quiet neighborhood. During an event there was almost an accident, because they could not see with people coming out from between the cars. Her concern is the parking issues, safety, and noise. Ramar Orgeron, Gilbert resident, said she lives in Circle G II. She referenced a folder containing documentation, email concerns, and police reports. She said the neighbors had been working with Code Compliance and Town staff to get the venue to comply with the Town code. The following residents were present and against the item, but did not wish to speak: Joe Dwyer, Kathy Gentile, Robert Lamp, and Wendy Lamp. Mayor Jenn Daniels thanked the residents for voicing their concerns. She stated noise ordinances were already in place, and this agenda item was only addressing the special event permit process. She said there were laws already in place that address most of the other issues, and they need to be enforced. Councilmember Jared Taylor asked if the League of Arizona Cities and Towns was doing anything to be helpful with these types of issues. 6 Intergovernmental Relations Director Rene Guillen affirmed in Title 9 of the Arizona Revised Statutes there is a section that preempts local government from regulating Airbnb and home-sharing platforms. He summarized a resolution from the League of Arizona Cities and Towns that is in legislation to review home-sharing statutes. There was discussion regarding the provision to remove the exemption for schools and churches. Mayor Jenn Daniels stated that the law is written to require a permit for Town- owned property. Since churches and schools are not on Town-owned property, there would be no reason for an exemption. There was discussion regarding the penalties for aerial fireworks and how they relate to the Town’s noise ordinance. Town Attorney Christopher Payne stated that State prohibits aerial fireworks across the state. Police Commander Randy Brice stated that aerial firework offenses are civil offenses, which limits the Town’s ability to investigate, but could fall into the scope of the noise ordinance. Mayor Jenn Daniels closed the public hearing on Item 12A. A MOTION was made by Councilmember Eddie Cook, seconded by Vice Mayor Brigette Peterson, to continue Item 12A to December 6, 2018. Motion carried 7-0. ADMINISTRATIVE ITEMS 13. COUNCIL ADMINISTRATION - consider acceptance of the Budget Report and Contingency Report for the first Quarter of FY2019. A MOTION was made by Councilmember Jordan Ray, seconded by Councilmember Jared Taylor, to accept of the Budget Report and Contingency Report for the first Quarter of FY2019. Motion carried 7-0. 14. 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 No discussion. 7 FUTURE MEETINGS No discussion. COMMUNICATIONS Report from the TOWN MANAGER on current events. Town Manager Patrick Banger reported that the following employees retired on this day: Kris Kingsmore from the Clerk’s Office, Linda Tunney from Parks and Recreation, and Kelli Russell from Finance. Manager Banger also acknowledged Heavy Equipment Operator Jared Towe and Police Officer Michael Dietz for extending great service Town residents. He reported that the Gilbert Police Department has raised $1,500 thus far for cancer prevention, research, and education with their “No Shave November” fundraiser. Report from the COUNCIL on current events. Vice Mayor Brigette Peterson recognized three students from the Chandler Gilbert Community College Leadership Class and thanked them for attending the Council meeting. Report from the MAYOR on current events. Mayor Jenn Daniels reported the Gilbert Off the Street Festival would be held this weekend. She stated that Gilbert Days and its half-marathon/10k event will soon be held, which will require a tremendous amount of street closures and re-routing. She also wished Councilmember Jordan Ray a happy birthday. ADJOURN Mayor Jenn Daniels adjourned meeting at 7:55 p.m. ATTEST: ___________________________ ___________________________________ Jenn Daniels, Mayor Lisa Maxwell, MMC, Town Clerk CERTIFICATION 8 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 1st day of November, 2018. I further certify that the meeting was duly called and held and that a quorum was present. Dated this ____ day of ____________________. ___________________________________ Lisa Maxwell, MMC, Town Clerk 9