Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL IN REGULAR MEETING OF THURSDAY, DECEMBER 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, Parks and Recreation Director Robert Carmona, Senior Planner Ashlee MacDonald, Development Services Director Kyle Mieras, Development Services Engineer Manager Tom Condit, Interim Planning Manager Catherine Lorbeer, and Assistant Town Attorney Nancy Davidson AGENDA ITEM CALL TO ORDER Mayor Jenn Daniels called the meeting to order at 6:31 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Jared Taylor introduced the scouts in attendance who led the Pledge of Allegiance and introduced themselves. Pastor Eric Jones of Evident 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 January 2019 as Speak Up, Stand Up, Save a Life. Mayor Jenn Daniels read a proclamation declaring January 2019 as Speak Up, Stand Up, Save a Life month, and presented the proclamation to Gina Godbehere, Northwest Valley Bureau Chief of the Maricopa County Attorney’s Office. Also present to receive the proclamation were Gilbert Police Chief Michael Soelberg and members of the Mayor’s Youth Advisory Committee. 1 2. RECOGNITION - Medals of Recognition for Elliot Walker and Wesley Walker from the Department of State, United States of America as symbols of gratitude in the sacrifice asked of each of them while separated from their father during his tour of duty. Councilmember Scott Anderson recognized his grandsons, Elliot and Wesley Walker, for the Medals of Recognition they received from the Department of State, United States of America, as symbols of gratitude for the sacrifice asked of each of them while separated from their father during his tour of duty. COMMUNICATIONS FROM CITIZENS Paul Rodriguez, Gilbert resident, spoke about the Trap, Neuter and Return (TNR) program. He stated stray cats that are trapped and neutered need to be fed after they are returned to the neighborhood in order for the program to be successful. Lucy Linder, Mesa resident, spoke against the Ordinance that prohibits feeding stray cats on Town property. She asked for the opportunity to sit down and have a discussion with people that are experts on the TNR program. Joe Geusic, Gilbert resident, shared some information about the Public Safety Training Facility. He asked the Council to share the total cost of the facility with Town residents. Mike Burkhart, Gilbert resident and Captain in the Gilbert Fire Department, thanked the Gilbert residents for approving a bond sale in the recent bond election. He thanked the Mayor, Town Council, and Town staff for their support. CONSENT CALENDAR A MOTION was made by Vice Mayor Brigette Peterson, seconded by Councilmember Eddie Cook, to approve Consent Items 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 15A, 16, 17, and 18; remove Items 12, 13 and 15 from the Consent Calendar; and add Items 31 and 32 to the Consent Calendar; appointing Steve Bentz and Roy Schmidt to the Public Facilities Municipal Property Corporation terms beginning January 2, 2019 and ending January 1, 2022; and appointing Bryan Albee to the Fire and Police Public Safety Personnel Retirement System Local Pension Board with a term beginning December 6, 2018 and ending November 30, 2022. Motion carried 7-0. 3. INTERGOVERNMENTAL AGREEMENT – consider approval of: a) Intergovernmental Agreement No. 319000928 with Salt River Valley Water Users Association (SRVWUA) for replacement of Salt River Project (SRP) Well 31.0E-4.5S, Project No. WA1300, and authorize the Mayor to execute the required documents; and b) Gilbert's proportional cost of Design and Construction Agreement with SRVWUA in an amount not to exceed $598,970 to replace Salt River Project (SRP) Well 31.0E-4.5S, Project No. WA1300, pursuant to Intergovernmental Agreement No. 319000928 between 2 the Town of Gilbert and SRVWUA and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 4. INTERGOVERNMENTAL AGREEMENT – consider approval of Change Order No. 3 to the Town of Gilbert's proportional cost of Construction Services Contract Guaranteed Maximum Price (GMP) between the City of Mesa and McCarthy Building Company increasing the amount by $958,924 for the replacement of four high amperage bus ducts at the Greenfield Water Reclamation Plant (WRP), Project No. WW0970, pursuant to Intergovernmental Agreement No. 319000706 between the Town of Gilbert, Queen Creek and the City of Mesa, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 5. INTERGOVERNMENTAL AGREEMENT – consider approval of Change Order No. 4 to the Town of Gilbert's proportional cost of Guaranteed Maximum Price agreement between City of Mesa and McCarthy Building Company increasing the amount by $216,756 for additional electrical services at the Greenfield Water Reclamation Plant, Project No. WW0970, pursuant to Intergovernmental Agreement No. 319000706 between the Town of Gilbert, Town of Queen Creek and City of Mesa and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 6. AGREEMENT – consider adoption of a Resolution approving an Agreement for Deferral of Installation of Off-Site Improvements with Maracay 91, LLC for the deferral of off-site improvements related to the development of certain property located at the Copper Bend project on the northwest corner of Hunt Highway and 172nd Street and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 4023 was adopted. 7. CONTRACT – consider approval of: a) Architectural and Engineering Services Agreement Contract No. 319000918 with EPS Group, Inc., in an amount not to exceed $89,864 to provide engineering services for the Environmental Site Remediation, Project No. MF2500, and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the General Fund in the amount of $119,864. This item was approved with the Consent Calendar vote. 8. CONTRACT – consider approval of Construction Services Contract No. 319000815 with 3 Sunland Asphalt & Construction Inc. in an amount not to exceed $2,817,220 for reconstruction of deteriorated residential asphalt pavement and base course and updating the pedestrian ramps for the Stonebridge Lakes Estates subdivision, Project No. ST1700, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 9. CONTRACT – consider approval of Construction Management Services Contract No. 319000879 (Eden No. 2018-2106-0325) with Wilson Engineers in an amount not to exceed $867,957 for the Candlewood Lift Station and Forcemain Construction, Project No. WW0700, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 10. CONTRACT – consider approval of Job Order No. 16 to Sewer Rehabilitation Job Order (JOC) Contract No. 319000402 (Eden No. 2016-4107-0019) with B&F Contracting, Inc. in an amount not to exceed $334,453.52 for construction services of the Higley Road and Loop 202 gravity sewer rehabilitation, Project No. WW1190, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 11.CONTRACT – consider approval of the purchase of five (5) vehicles pursuant to Cooperative Purchase Agreement No. 319000038 with San Tan Ford in an amount not to exceed $142,664.87 including taxes and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 12.CHANGE ORDER – consider approval of Change Order No. 1 to Architectural Engineering (A/E) Services Agreement Contract No. 319000641 (Eden No. 2017-2106- 0596) with BWS Architects increasing the contract amount by $231,037 to provide the design and engineering services for Heritage District Parking Garage II, Project No. RD1200, and authorize the Mayor to execute the required documents. Councilmember Victor Petersen stated he is opposed to the project, as he feels it is unwise. A MOTION was made by Councilmember Eddie Cook, seconded by Vice Mayor Brigette Peterson, to approve Item 12. Motion carried 5-2 with Councilmembers Victor Peterson and Jared Taylor casting the dissenting votes. 13. CHANGE ORDER – consider approval of: a) Change Order No. 1 to Professional Consulting Services Contract No. 319000500 with CookDZ, LLC increasing the contract amount by $132,697 to include Public Works facilities in the Comprehensive Space Needs Assessment, Project No. MF2460, and authorize the Mayor to execute the required documents; and 4 b) a Contingency Transfer from Water, Wastewater, Environmental Services, Environmental Compliance, Roadway and Maintenance, and Fleet Funds in the amount of $132,697. Councilmember Jared Taylor stated the item started with a specific scope, but it has grown quickly. He stated he is not ready to support and would like to see a more detailed project justification. A MOTION was made by Councilmember Eddie Cook, seconded by Councilmember Jordan Ray, to approve Item 13. Motion carried 5-2 with Councilmembers Victor Peterson and Jared Taylor casting the dissenting votes. 14. CHANGE ORDER – consider approval of: a) Change Order No. 2 to Engineering Services Contract No. 319000508 (Eden No. 2017- 2106-0561) with NFra Inc. increasing the contract amount by $31,257 for the Val Vista Lakes Drive Reconstruction, Project No. ST1690, and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the Roadway and Maintenance Fund in the amount of $32,000. This item was approved with the Consent Calendar vote. 15. CONTRACT – consider waiving the bidding requirements and approve of Agreement for Services Contract No. 319000979 with Sierra Signs in an amount not to exceed $228,100 for signage for the outfield grandstands at Cactus Yards and authorize the Mayor to execute the required documents. CHANGE ORDER – consider approval of Change Order No. 3 to Contract No. 2017-5002- 0578 with Sierra Signs increasing the contract amount by $228,100 to provide signage for the outfield grandstands at Cactus Yards and authorize the Mayor to execute the required documents. (Revised language above) Councilmember Victor Petersen stated he had concerns with the many change orders, and he did not support the project. He stated there was also no formal bidding process. Councilmember Scott Anderson stated the history of this site was not good, but he would support the item cautiously. Councilmember Jared Taylor also expressed concerns with the change orders and costs. Councilmember Eddie Cook stated the original agenda item was incorrect. He said the organization has provided an alternative type of product that is better than the lowest bid “if we did it twice”. He said the alternative option for all eight ballfields was cheaper than the lowest bid for vinyl. He indicated the process needs to be worked on, but he is in support of the item as-is. 5 Mayor Jenn Daniels asked why this item did not go through the standard procurement process. Parks and Recreation Director Robert Carmona stated staff will normally do a formal Request for Proposal (RFP) bid. He indicated they did not have all of the information until recently and needed to stay within the timeline of the construction. He also stated research was done and the project is specialized; the scoreboards and equipment were not standard. He stated the product can be cleaned differently than vinyl and is more durable. Councilmember Jared Taylor asked about how costs were compared. Parks and Recreation Director Robert Carmona stated comparisons were done and the cost per panel was within the range of other companies. He stated the cost is for more than the panels themselves; it also includes the design and installation of the product. Councilmember Jordan Ray stated that four or five sign companies were offered the opportunity to provide quotes, but they all declined to make an offer. A MOTION was made by Councilmember Eddie Cook, seconded by Vice Mayor Brigette Peterson, to approve Item 15. Motion carried 5-2 with Councilmembers Victor Peterson and Jared Taylor casting the dissenting votes. 15A. CHANGE ORDER – consider approval of Change Order No. 1 to Contract No. 319000925 with The Toro Company increasing the contract amount by $104,739.25 for the maintenance equipment for Cactus Yards at Elliot District Park and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 16.FINAL PLAT SP1674 - consider approval of the final plat for Copper Springs East located at the northeast corner of Melrose Street and Rome Street. This item was approved with the Consent Calendar vote. 17.FINAL PLAT S17-1007B - consider approval of the final plat for Copper Bend, located at the northwest corner of Hunt Highway and 172nd Street. This item was approved with the Consent Calendar vote. 18.MINUTES – consider approval of the minutes of Regular Meeting of November 15, 2018 and Special Meetings of November 13, 2018 and November 15, 2018. This item was approved with the Consent Calendar vote. 6 PUBLIC HEARING Mayor Jenn Daniels opened the Public Hearing for Items 19, 20, and 23. No one wished to speak and Mayor Jenn Daniels closed the public hearing. A MOTION was made by Councilmember Jared Taylor, seconded by Councilmember Jordan Ray, to approve Public Hearing Items 19, 20 and 23. Motion carried 7-0. 19. LIQUOR LICENSE – conduct hearing and consider approval of a Series 11 Hotel/Motel Liquor License for Tru by Hilton located at 1950 South SanTan Village Parkway. This item was approved with the Public Hearing Vote. 20. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Liquor License for Arizona Wilderness Brewing Company located at 721 North Arizona Avenue, #103. This item was approved with the Public Hearing Vote. 21. ANNEXATION A18-04 – consider adoption of an Ordinance approving the annexation of approximately 19.19 acres located west of the southwest corner of Power and Warner Roads. A public hearing was held on August 2, 2018. Mayor Jenn Daniels opened the public hearing on Item 21 and 22. No one wished to speak and Mayor Jenn Daniels closed the public hearing on Item 21 and 22. A MOTION was made by Councilmember Victor Petersen, seconded by Councilmember Eddie Cook, to continue Items 21 and 22 to the December 20, 2018 Council meeting. Motion carried 7-0. 22. ZONING Z18-15 - conduct hearing and consider approval of the findings and adoption of an Ordinance for Wetta Ventures to rezone approximately 19.68 acres of real property generally located west of the southwest corner of Power and Warner Roads from Maricopa County Airport District Three (AD-3) zoning district to Town of Gilbert Light Industrial (LI) zoning district. The effect of the rezoning will be to give the property comparable Town of Gilbert zoning and to dedicate Right of Way's to the Town. This item was continued with Item 22 to the December 20, 2018 Council meeting. 23. ANNEXATION A18-05 – consider adoption of an Ordinance approving the annexation of approximately 71.3 acres located at the southeast corner of Higley Road and Warner Road. A public hearing was held on October 18, 2018. This item was approved with the Public Hearing Vote. Ordinance No. 2692 was adopted. 7 24.GENERAL PLAN GP18-08/ZONING Z18-18 - conduct hearing and consider: a) adoption of a Resolution approving a Major General Plan Amendment to change the land use classification of approx. 152.9 acres of real property generally located at the southeast corner of Higley and Warner Roads from 39.6 acres of Regional Commercial (RC) and 113.3 acres of Business Park (BP) to 56.4 acres of Regional Commercial (RC), 57.5 acres of Business Park (BP), 19.5 acres of Residential > 8-14 DU/Acre, and 19.5 acres of Residential > 14-25 DU/Acre, as shown on the exhibit available for viewing in the Planning Services Division. The effect of this amendment will be to change the plan of development to allow a combination of non-residential development and residential development; and b) approval of the findings and adoption of an Ordinance for Gabriella Pointe Commerce Center rezoning approximately 152.9 acres of real property generally located at the southeast corner of Higley and Warner Roads from approx. 39.9 acres of Light Industrial (LI), 24.9 acres of Multi Family/Low (MF/L), and 14.2 acres of Multi Family/Medium (MF/M) zoning districts, all with a Planned Area Development overlay zoning district (PAD), and 73.9 acres of Maricopa County Rural – 43 (RU-43) zoning district, to approx. 56.4 acres of Regional Commercial (RC), 19.5 acres of Multi-Family/Low (MF/L), 19.5 acres of Multi-Family/Medium (MF/M), and 57.5 acres of Business Park (BP). The effect will be to allow the property to be developed in accordance with the development standards for the RC, MF/L, MF/M, and BP zoning districts under the Land Development Code and to allow for the reconfiguration of zoning districts to allow for a combination of non-residential and residential development. Mayor Jenn Daniels opened the Public Hearing for Item 24. No one wished to speak and Mayor Jenn Daniels closed the public hearing. A MOTION was made by Councilmember Victor Petersen, seconded by Councilmember Jared Taylor, to approve Item 24. Motion carried 7-0. Resolution No. 4024 and Ordinance No. 2693 were adopted. 25. GENERAL PLAN GP18-09 - conduct hearing and consider adoption of a Resolution approving a Major General Plan amendment to change the land use classification of approx. 124.8 acres of real property generally located at the northeast corner of Recker and Warner Roads from 28.4 acres of Business Park (BP), 87.5 acres of Light Industrial (LI) and 8.9 acres of Community Commercial (CC) to 15.3 acres of Residential > 8-14 DU/Acre (R>8-14du/ac), 15.9 acres of Residential > 5-8 DU/Acre (R>5-8du/ac), 85.4 acres of Residential > 3.5-5 DU/Acre (R>3.5-5du/ac), and 8.2 acres of Neighborhood Commercial (NC) land use classifications. Mayor Jenn Daniels opened the public hearing on Item 25. Senior Planner Ashlee MacDonald gave an overview of the project. Councilmember Victor Petersen questioned if there was evidence that would support the amount of Light Industrial property needed for this location. 8 Councilmember Scott Anderson asked if there was a “rule of thumb” that an ideal community would follow in the distribution of land uses. Development Services Director Kyle Mieras stated if Gilbert were an island unto itself, they would be able to come up with specific ratios. Since Gilbert is part of a region where people live in one city and shop in another, there is not an ideal number of ratio. Ralph Pew, speaking for the applicant, talked about Lennar Homes outreach to the community. He presented 304 letters in support from Gilbert residents who live around the proposed project. Eldar Maksymov, Gilbert resident, spoke in support of the item. He said he appreciated that Lennar Homes was willing to invest in the neighborhood and schools. Paul Sieczkowski, not a Gilbert resident, stated he represented the marketing work done on behalf of the Rockerfeller Group and Colliers International. He provided a brief timeline of the project, stating most of the interest in the land has been for Residential use. Mike Williams, Gilbert resident, stated he would prefer to have a responsible builder like Lennar Homes there rather than Light Industrial businesses. He stated the project also brings builders and trade workers into the area and will produce hundreds of jobs, including maintenance and city jobs. Pete Johnson, Gilbert resident, stated he works for a Lennar Homes subsidiary, but is also a resident of a surrounding neighborhood in Gilbert. He stated he was unaware the property in question was zoned as Light Industrial, and he expressed concerns about that zoning in that location. Cindy Willardson, Gilbert resident, spoke in support of the General Plan amendment. She also indicated that she did not know of the Light Industrial zoning, and she noted the 304 signatures in support of the change. Darin Hughes, Gilbert resident, stated he also works for Lennar Homes and spoke of other projects he has assisted with. He said there are other neighborhoods that are zoned Light Industrial that are near the interstate, but that Residential use makes sense for this particular parcel. David Scholl, not a Gilbert resident, spoke on behalf of Vintage Partners. He stated his company has been working with the applicant to help strategize for the retail parcel. He said the weaknesses for Industrial Use there are the same for Retail Use, adding Residential Use was more sustainable for retail in the area. Alan Jones, Gilbert resident, stated he was the Division President of Lennar Homes in Gilbert. He said the property was previously zoned for Residential use and was rezoned by a major developer who was unsuccessful at finding interest in this property. He stated the correct use for the property is Residential. 9 The following individuals were present and in support of item, but did not wish to speak: Bill Abrams, Robert Acre, Melanie Allen, Tyler Barrett, Frank Biehn, Lisa Biehn, Kim Binion, Tanner Bostwick, Wayne Castle, Douglas Check, David Clarke, Chris Clonts, Patty Collins, Ken Cuccy, Chris Fleck, Chris Flotz, Joe Freeman, Matthew Frost, J. Jason Garcia, Angie George, Jason George, Christine Giarrizzo, Jason Giarrizzo, Ed Grant, Jeff Gunderson, Ron Kott, Michael Lanata, Steffen Lancman, John Lee, Loren Lunt, Elizabeth Marcy, Ashley Mastin, John Mastin, Erik Molina, Jamie McKinney, Marlene McKinney, Maurice Moody, Jackie Moore, Karen Mountford, Patrick Obley, Greg Olsen, Kim Pantastico, Brian Park, Marcela Park, Gary de Quintal, Don Reeves, Nancy Roberts, Rodney Roberts, Sabrina Schaetzle, Mike Siebert, Todd Skoro, Katy Spencer, Jenni Stricklin, Terry Stricklin, Becky Thomas, Dylan Van Slochteren, Jon Van Slochteren, Teresa Van Slochteren, David Verrone, Louis Verrone, Alan Violette, Spencer Willardson, Wendy Warn, Pam Wilson, Gail Woelfel, Monica Yuhnke, and Alfredo Zamora. Councilmember Victor Petersen stated the rezoning of this property is inevitable, as there will be never be that much Light Industrial Use in this area. There was discussion regarding what a “leap” it is to go from Light Industrial to Residential, but he stated Residential is a more appropriate use in this parcel. He also spoke of the misuse of the term “down-zoning”, stating that Commercial uses are not always superior to Residential uses. Councilmember Scott Anderson stated he would not be supporting the item, noting the land was not an infill parcel and has continuing development around it. He spoke of the decline in the jobs-to-population ratio, the potential for office development, and stated there was a lack of effort to find other land uses. Councilmember Jared Taylor spoke in support of the item, stating that the aspirations for Commercial development in the General Plan are good, but you must be open to changes in the market. He also spoke of internet trends for shopping and home-based businesses. He said homes are becoming quasi-Commercial spaces and there is a disparity in the tax model with internet tax. He believes in the future, the Town will receive money from internet sales transactions, which will trend in the Town’s favor. Councilmember Eddie Cook provided a list of possible uses for this particular property that he believed would be positive, yet have not been explored. He stated he would not be supporting the land use amendment. Councilmember Jordan Ray stated the number one request he has received from the public was to protect employment areas. He stated he would not support the item. Vice Mayor Brigette Peterson noted that to change that large area in one motion would be a large leap. She said she would be opposing the project, as there could be work done to explore other options. Mayor Jenn Daniels noted the large number of schools on the Recker Road corridor and increased activity there during school hours. She stated she had never viewed this large property as being Commercial or Light Industrial. She said she would be supporting the 10 item, due to the quantity of property around the area that had not been developed yet. She said Residential Use would complement the community more than Light Industrial, also noting potential benefits from changes to home-based businesses and internet sales tax in the future. Mayor Jenn Daniels closed the public hearing on Item 25. A MOTION was made by Councilmember Victor Petersen, seconded by Councilmember Jared Taylor, to approve Item 25. Motion failed 3-4 with Mayor Jenn Daniels and Councilmembers Victor Petersen and Jared Taylor casting the assenting votes. 26. GENERAL PLAN GP18-13/ZONING Z18-27 - conduct hearing and consider: a) adoption of a Resolution approving a Minor General Plan Amendment to change the land use classification of approx. 15.77 acres generally located south and west of the southwest corner of Santan Village Parkway and Ray Road from Regional Commercial to Residential > 14-25 DU/Acre. The effect of this amendment will be to change the plan of development to allow residential development; and b) approval of the findings and adoption of an Ordinance for Residences at Santan Village rezoning approximately 15.77 acres generally located south and west of the southwest corner of Santan Village Parkway and Ray Road from Regional Commercial (RC) to Multi- Family/Medium (MF/M) with a Planned Area Development (PAD) overlay to modify maximum building height, perimeter building and landscape setbacks, separation fence requirements, minimum common open space requirements, and vehicular access through residential property. The effect of this amendment will be to change the plan of development to allow residential development. Mayor Jenn Daniels opened the Public Hearing for Item 26. No one wished to speak and Mayor Jenn Daniels closed the public hearing. Councilmember Eddie Cook stated the item needed one small correction, as verified with the Legal Department. A MOTION was made by Councilmember Eddie Cook, seconded by Councilmember Jordan Ray, to adopt the attached Resolution approving GP18-13; and move to make the attached Findings of Fact and adopt the attached Ordinance approving Z18-27, with one modification to Condition 4 of the Ordinance to add the Recording Number 2018- 0894584, and replace the word “project” with “property”. Motion carried 7-0. Resolution No. 4025 and Ordinance No. 2694 were adopted. 27. ZONING Z18-17 - conduct hearing and consider adoption of an Ordinance amending the Town of Gilbert Land Development Code, Chapter 1 Zoning Regulations, Division 2 Land Use Designations, Article 2.1 Single Family Residential Districts, Section 2.106 Additional Development Regulations, related to the setbacks and height of accessory structures. 11 Mayor Jenn Daniels opened the Public Hearing for Item 27. No one wished to speak and Mayor Jenn Daniels closed the public hearing. A MOTION was made by Councilmember Victor Petersen, seconded by Councilmember Jared Taylor, to adopt the attached Ordinance for Z18-17, amending the Land Development Code, as presented. Motion carried 7-0. Ordinance No. 2695 was adopted. 27A. ZONING Z18-21 - conduct hearing and consider approval of the findings and adoption of an Ordinance for Enclave at Madera Parc, to amend Ordinance Nos. 475, 693, and 765 pertaining to the Madera Parc Planned Area Development (PAD) generally located east of Cooper Rd. and south of Madera Parc Dr. by removing from said PAD approximately 4.72acres with an underlying zoning classification of Single Family - 7 (SF-7) (“M.P. Property”); amend Ordinances Nos. 479, 691, and 730 pertaining to the Gateway Center (Candlewood) PAD generally located east of Cooper Rd. and north of Smoke Tree Rd. by removing from said PAD 5.74 acres with an underlying zoning classification of SF-7 (“G.C. Property”); approve a development plan for the Enclave at Madera Parc PAD; and change the zoning classification of of the M.P. Property from SF-7 with a PAD overlay to Single Family - Detached (SF-D) with the new Enclave At Madera Parc PAD overlay and change the zoning classification of the G.C. Property from SF-7 with a PAD overlay to SF-D with the new Enclave at Madera Parc PAD overlay as shown on the map available for viewing in the Planning Services Division; and modify the development regulations by increasing the minimum lot area, establishing minimum lot dimension, reducing building height, increasing side setbacks, and establishing the development plan. The effect of the rezoning will be to allow increased residential density. Mayor Jenn Daniels opened the public hearing on Item 27A. Senior Planner Ashlee MacDonald gave an overview of the project. Councilmember Eddie Cook asked if the engineering report has been shared with the residents. Senior Planner Ashlee MacDonald stated that the information was provided to some groups and there were no substantial concerns expressed. Adam Baugh, speaking for the applicant, provided a summary of infill development and a history of the land in question. He stated the parcel was zoned 32 years ago and still has not been developed. He highlighted features including landscaping buffers, walkways, access and connectivity plans, parking parameters, and drainage precautions. Councilmember Jordan Ray asked about how drainage concerns will be addressed from the beginning of the development. Mr. Baugh stated that the grading will be done first, followed by the drainage, all done before going vertical with the structures. Alan Kranzberg, Gilbert resident, stated he lives in the Lago Estancia community and is currently President of his Homeowner’s Association (HOA). He expressed concerns about the 52 home HOA at Enclave having large responsibilities that affect surrounding communities. 12 Sarah Vanek, Gilbert resident, showed a presentation that she prepared expressing her concerns. Her main concerns in the video were the integrity of the communities, property values, traffic impact, and flooding. Chad Jans, Gilbert resident, stated his concerns are macroeconomic based. He spoke of concerns with unfinished projects and stated the development did not fit within the category of affordable housing and is much different than the adjacent communities. Veronica Ross, Gilbert resident, stated she is the President of the Candlewood HOA. She listed the density as a concern, as well as street access and traffic conditions. She said it would be helpful to have a traffic light installed at the intersection of Madera Parc Drive and Cooper Road. She also addressed concerns regarding road retention and drainage. Robert Peckham, Gilbert resident, addressed concerns regarding the retention basin in the area that will be reduced because of the project. He stated the Planning Commission did not give the project enough thought and referenced safety and traffic concerns. Debbie Fisher, Gilbert resident, criticized Arizona building standards and wage rates. She expressed concerns regarding the retention basin, stating the retention pond has been filled to the top twice in 20 years and should not be reduced. Michael Vanek, Gilbert resident, provided a presentation regarding the retention basins and flooding. He stated the Town would be are shrinking the actual land and retention volume of Basin Two by 49%. He stated the Town barely meets the minimum requirements and does not leave room for error. He also addressed concerns that the homes will be built and then used as rental properties. George and Dorothy Thrasher, Gilbert residents, were present and against the item, but did not wish to speak. Councilmember Eddie Cook asked about the flooding of the basin in 2014. Development Services Engineer Manager Tom Condit reported that for the applicant has provided storage capacity underground that makes up for every amount that was taken out, plus some additional storage for both existing conditions and build-out. Councilmember Eddie Cook stated the project has had significant, positive compromises regarding the size and buffers that were added for the surrounding neighborhoods. Councilmember Jordan Ray stated he appreciated the HOAs’ efforts to help the developer come up with compromises. He stated though it may not be a perfect option, he would be supporting the item. Vice Mayor Brigette Peterson stated the reason the property had not been developed for so many years is because a church owned the land and has now decided to sell. She stated the Planning Commission had done considerable work on the project, and stated she would be supporting the item. 13 Councilmember Victor Petersen stated that the engineering standards and protections are the same for this project as with any other neighborhood in Gilbert. He stated he will be supporting the rezone as well. Councilmember Scott Anderson thanked the neighborhood for their involvement. He said this is a case study for what Gilbert will face regarding infill parcels. He stated that vacant land will not remain open space in the future, and he is in support of the item. Councilmember Jared Taylor stated he supports property rights, and he complimented both groups for their efforts to reach a compromise. He stated he was in support of the item. Mayor Jenn Daniels complimented the developers and thanked the participating neighborhoods for their input. She indicated that years ago that Town spoke with the church that owns the property regarding building a park there, but it was not feasible. She directed staff to look into the traffic light request to determine if a traffic light on Madera Parc would be warranted. She stated she was in support of the item. Mayor Jenn Daniels closed the public hearing on Item 27A. A MOTION was made by Councilmember Jared Taylor, seconded by Vice Mayor Brigette Peterson, to approve item 27A. Motion carried 7-0. Ordinance No. 2696 was adopted. 28. PROPERTY ACQUISITION – conduct hearing and consider approving the acquisition of right-of-way and easement Parcel Nos. 304-60-436 and 313-03-084 for the Germann and Higley 18” Reclaimed Water Line, Project WW0720. There was no vote taken on this item. 28A. CODE OF GILBERT - conduct hearing and consider adoption of an Ordinance amending the Code of Gilbert, Arizona, by amending Chapter 15 Special Events, Article I In General, Section 15-1 Definitions, Article II Permits, Section 15-36 Required; Exemptions, related to special events. Mayor Jenn Daniels opened the public hearing on Item 28A. Mayor Jenn Daniels provided clarification that a Special Use Permit is different than a Special Event Permit. She asked for staff to help the public understand the distinction. Interim Planning Manager Catherine Lorbeer explained that a Special Use Permit or Conditional Use Permit is a way for the Town Code to address special uses that need a little more attention. She provided the example of a car wash or a specific use like congregate living that may fit in the zoning district, but in order to provide compatibility, there is an additional level of review and public hearing in case conditions of approval are needed. Mayor Jenn Daniels stated that if a residential home was to be made a special event space, it would need a Special Use Permit. She provided the example of The Elegant Barn; stating that business took a Residential Use and made it a Special Event Use, and they 14 were required to go through a process to obtain a Special Use Permit. She reiterated that it is a different than a Special Event Permit, which is required for an event on private property with more than 500 people attending at one time. She provided the example that if someone held a wedding at their home; it could be done without a Special Event Permit. However, she stated if you rented out your home as a special event space and you were paid for the rental, that requires a Special Use Permit and this process does not change that. Councilmember Jordan Ray asked for the parameters of when it becomes necessary to obtain a permit. Assistant Town Attorney Nancy Davidson stated there is a definition for a “temporary sales event” that allows you to hold an event up to two times on private property. She said the main distinction is using your residence to host a private event that is not open to the public and is not being used for a commercial purpose, versus a home that is being advertised for lease or for an event. Councilmember Victor Petersen asked for clarification that it would require a Special Use Permit once it becomes a commercial opportunity. Assistant Town Attorney Nancy Davidson confirmed, and added that they also take into account the primary use of the home or facility. Mayor Jenn Daniels asked for confirmation that is Special Event process is not used by Code Compliance as an enforcement tool. Assistant Town Attorney Nancy Davidson affirmed that the Zoning process is used as an enforcement tool, not the Special Event process, which has not changed. Councilmember Eddie Cook asked about bible studies that become small churches in homes. Assistant Town Attorney Nancy Davidson stated a permit would not be needed unless it required a liquor license, the gathering is blocking a street or sidewalk, or there were more than 500 attendees at one time. Ramar Orgeron, Gilbert resident, stated she appreciated Lorrie DeOrio and Frank Alvino for being so patient and responsive. She stated they have gotten some relief in her neighborhood because of citations, and she hopes that will not change. Robert Lamp, Gilbert resident, stated their concern is that this change would impact their ability to enforce issues they were having. He said he reviewed the change, and is surprised that the limit of attendees is set as high as 500. He thanked Ordinance Enforcement for their efforts. Anthony Ippolito, Gilbert resident, spoke of a boutique event with ten vendors. He stated although there were not 500 people there at one time, there were probably 50 to 100 cars coming through every day. He stated people were blocking driveways, parking in their yards, and leaving trash. He expressed safety concerns and asked who enforces the Code. 15 Mayor Jenn Daniels stated the scenario referenced by Mr. Ippolito would be considered a Temporary Sales Event, which could be held for three days or less, would not require Town resources, and could not occur more than twice per calendar year. However, she stated it does not relieve the property owner of any liability. She stated all laws and rules still apply, including laws regarding blocking driveways, parking laws, and noise issues. The following individuals were present and against the item, but did not request to speak: Julie Bader, Nancy Church, Frank Clark, Mel and Kathy Gentile, Edward McDonald, Joe Nucci, Gail and Gerald Pennington, Kimball and Becky Porter, and Pam Rotchadl. There was discussion regarding the 500 attendee threshold. Councilmember Eddie Cook asked about revisiting the item at a later time. Mayor Jenn Daniels stated she is comfortable revisiting it in 12 months to see if any parameters need to be tightened. Councilmember Jared Taylor asked about events that had a religious aspect, such as a large HOA hosting an Easter event with over 500 attendees. He also asked about the language that says “owned or listed by a school district”. He questioned if it meant to exclude charter or private schools. Assistant Town Attorney Nancy Davidson stated the HOA rules would govern, but the event would require a Special Event Permit, unless it is being organized by a religious organization or school. She stated the intent was not to exclude charter or private schools; the language simply came from the old ordinance. Mayor Jenn Daniels stated the intent was not to exclude charter and private schools, and she would be happy to strike that language. Vice Mayor Brigette Peterson questioned if an event is open to public and requires a liquor license, is a Special Event Permit needed. Assistant Town Attorney Nancy Davidson stated yes, it would require a permit. She said the parameters were if more than 500 attendees were expected, if it blocks a street or sidewalk, or if it requires a liquor license, which is governed by the State of Arizona. Mayor Jenn Daniels closed the public hearing on Item 28A. A MOTION was made by Councilmember Victor Petersen, seconded by Councilmember Eddie Cook, to approve Item 28A with changes to add the condition of a review direction in 12 months; and to strike the words “school district” and replace with “schools”. Motion carried 7-0. Ordinance No. 2697 was adopted. 29. SYSTEM DEVELOPMENT FEES - conduct hearing and consider acceptance of the Biennial Audit Report dated November 14, 2018 in fulfillment of ARS §9-463.05 for the System Development Fees for FY 2017 and FY 2018. Mayor Jenn Daniels opened the Public Hearing for Item 29. No one wished to speak and Mayor Jenn Daniels closed the public hearing. 16 A MOTION was made by Councilmember Victor Petersen, seconded by Vice Mayor Brigette Peterson, to approve Item 29. Motion carried 7-0. ADMINISTRATIVE ITEMS 30. PRESENTATION - Presentation and Adoption of the 2018 Integrated Water Resources Master Plan Update. A MOTION was made by Councilmember Victor Petersen, seconded by Scott Anderson, to approve Item 30. Motion carried 7-0. 31. BOARDS AND COMMISSIONS – consider appointment of two regular members to the Public Facilities Municipal Property Corporation with a term beginning January 2, 2019 and ending January 1, 2022. This item was approved with the Consent Calendar vote. Steve Bentz and Roy Schmidt were appointed to the Public Facilities Municipal Property Corporation with terms beginning January 2, 2019 and ending January 1, 2022. 32. BOARDS AND COMMISSIONS – consider appointment of one regular member to the Fire and Police Public Safety Personnel Retirement System Local Pension Board with a term beginning December 6, 2018 and ending November 30, 2022. This item was approved with the Consent Calendar vote. Bryan Albee was appointed to the Fire and Police Public Safety Personnel Retirement System Local Pension Board with a term beginning December 6, 2018 and ending November 30, 2022. 33. BOARDS, COMMISSIONS, AND COMMITTEES - reports from Council Liaisons for the: a) Subcommittee on Board and Commission Application Screening, Interview, and Selection b) Subcommittee on Building Code c) Subcommittee on Land Development Code d) Ad Hoc e) Regional Meetings f) Industrial Development Authority g) Mayor’s Youth Advisory Committee h) Parks and Recreation Board i) Planning Commission j) Redevelopment Commission k) Town of Gilbert, AZ Public Facilities MPC l) Town of Gilbert, AZ Water Resources MPC m) Town of Gilbert, AZ Self-Insured Trust Fund for Health Benefits n) Utility Board Eddie Cook reported on behalf of the Arizona Municipal Water Users Association (AMWAU) that a Drought Contingency Plan (DCP) was agreed on by what he called the “November 17 29th Decision”, stating the agreement was “not perfect but is a positive compromise in favor of all municipalities in the Phoenix area”. POLICY ITEMS None. FUTURE MEETINGS There was no discussion. COMMUNICATIONS Report from the TOWN MANAGER on current events. Manager Patrick Banger recognized all those involved in the Gilbert Days Parade. He thanked the Police, Fire, Digital Government, and the Emergency Management Departments for their coordinated efforts with the Gilbert School District regarding a threat at Highland High School. He thanked the Public Works Department, Capital Improvement Plan staff, Water Resources Manager Eric Braun, and the consultants who worked on the Water Resources Master Plan. He thanked the members of the Gilbert Police Department who participated in “No Shave November” for raising $4,075 towards cancer research. Report from the COUNCIL on current events. Councilmember Jordan Ray thanked all those involved with the incident at Highland High School and who continue to work on the ongoing investigation. Report from the MAYOR on current events. Mayor Jenn Daniels announced that Gilbert is one of only five cities in the world that have a “Light the World Vending Machine, which may be used to purchase items for those in need. It is located in the Heritage District by the Gilbert Water Tower. She encouraged residents to find a way to serve or give, through the vending machines or through other methods. ADJOURN Mayor Jenn Daniels adjourned meeting at 9:53 p.m. ATTEST: ___________________________ ___________________________________ Jenn Daniels, Mayor Lisa Maxwell, MMC, Town Clerk 18 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 December 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 19