Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL IN REGULAR MEETING OF THURSDAY, DECEMBER 20, 2018 AT 6:30 PM, MUNICIPAL CENTER, COUNCIL CHAMBERS, 50 E CIVIC CENTER DRIVE, GILBERT, ARIZONA COUNCIL PRESENT: Mayor Jenn Daniels, Vice Mayor Brigette Peterson, Councilmembers Scott Anderson, Eddie Cook, Victor Peterson, Jordan Ray and Jared Taylor COUNCIL ABSENT: None STAFF PRESENT: Town Manager Patrick Banger, Town Clerk Lisa Maxwell, Town Attorney Christopher Payne, and Office of Management and Budget Director Kelly Pfost AGENDA ITEM CALL TO ORDER Mayor Jenn Daniels called the meeting to order at 6:30 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Delmer Geesey of Life Community Church gave the invocation. Councilmember Jordan Ray introduced a student in attendance who led the Pledge of Allegiance. PRESENTATION OF STUDENT CITIZEN OF THE MONTH AWARD Mayor Jenn Daniels and the Council presented Student Citizen of the Month Awards for November to: Kenslee Caballero, Aedyn Davidson, Madyson Birdoes, Abigail Gillette, Ava Herrera, Rylyn Hofmann, Colton Karczewski, Ava Yarger, Melissa Odu, Kendra Lewis, Joshua Lafko, Xavier Reynoso, Andres Vargas, Edgar Ronan, Karissa Cheatham, Saoirse Ryan, Izabella Shutt, Katherine Usher, Abigail Ceballos, Kella Pandola, Ewan Adams, Natalie Sievers, Fate Glynn, Connor Meliska, Donovan Bohreer, Davin Rolle, Addisyn Frost, Matthew Heger-Fike, Elizabeth Sampson, John Daris, Brooke Glazewski, Christian Latona, Lauren Webb, Kenzington McGregor, Katheryn Leggitt, Julian Colton, Kelli Anderson, Logan Bock, Lauren Anderson, Charlotte Regan, Nicole Baird, Glenn Ratificar, Colton Campbell, Sienna Richards, Brooke Doonan, and Zachary Richey. Councilmember Jordan Ray welcomed a Scout in attendance who introduced himself. COMMUNICATIONS FROM CITIZENS 1 Paul Rodriguez, Gilbert resident, spoke about the confusion over what the Trap, Neuter and Return program is and how it works. He stated other people do not understand why it is important to return cats to a neighborhood after they have been neutered. Aaron Accurso, Gilbert resident, came with his family to express gratitude for Councilmember Victor Petersen’s service to the Town of Gilbert over the past eight years. ROLL CALL Town Clerk Lisa Maxwell called roll and declared a quorum present. CONSENT CALENDAR A MOTION was made by Vice Mayor Brigette Peterson, seconded by Councilmember Eddie Cook, to approve Consent Items 2, 3, 3A, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13; remove Item 1 from the Consent Calendar; and add Item 23 to the Consent Calendar. Motion carried 7- 0. 1. RESOLUTION - Resolution on Civility Councilmember Eddie Cook gave information on the subcommittee that was formed to create the Resolution of Civility. Members of the subcommittee introduced themselves. A MOTION was made by Councilmember Eddie Cook, seconded by Vice Mayor Brigette Peterson, to approve Item 1. Motion carried 7-0. Resolution No. 4026 was adopted. 2. INTERGOVERNMENTAL AGREEMENT – consider approval of Amendment No. 1 to Agreement No. 319000980 (Eden No. 2015-1001-0765) with Mesa Housing Authority for the Housing Choice Voucher Veteran Affairs Supportive Housing Program for a term ending June 30, 2020 with the option for 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. 3. INTERGOVERNMENTAL AGREEMENT – consider approval of an Amendment no. 1 to Agreement No. 319000938 with the Flood Control District of Maricopa County allowing for the incremental reimbursements to the Town for landscaping improvements within the Rittenhouse Basin and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 3A. INTERGOVERNMENTAL AGREEMENT – consider approval of an amendment to Agreement No. 319000293 with the Town of Queen Creek for providing justice services to the Town of Queen Creek and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 2 4. CONTRACTS – consider authorizing the Mayor to enter into legal services contracts with various selected law firms to provide outside counsel services to Gilbert on an as-needed basis as determined by the Town Attorney. This item was approved with the Consent Calendar vote. 5. CONTRACT – consider approval of expenditures under Purchase Order Contract No. 2017-1105-0612 with CenturyLink Communications LLC in an amount not to exceed $249,000 for FY2019 telecommunication carrier services and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 6. CONTRACT – consider approval of expenditures under Cooperative Purchase Agreement No. 319000395 (Eden No. 2017-3001-0653) with San Diego Police Equipment in an amount not to exceed $125,000 for the purchase of ammunition and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 7. CONTRACT – consider: a) approval of renewal of Cooperative Purchase Agreement No. 319000282 (Eden No. 2015-1105-0631) with Verizon Wireless utilizing the State of Arizona Cooperative Purchasing Contract No. ADSPO13-034099 for a term ending June 30, 2019 with automatic renewals of the State of Arizona contract; and b) approval of the purchase of voice and data services, peripherals, and related cellular equipment pursuant to Cooperative Purchase Agreement No. 319000282 (Eden No. 2015- 1105-0631) with Verizon Wireless in an amount not to exceed $630,000 and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 8. CONTRACT – consider: a) approval of Task Order No. 3 to Job Order Contract (JOC) Cooperative Purchase Agreement No. 319000810 with Valley Rain Construction Corporation in an amount not to exceed $461,514.20 for the installation of the reclaimed pump system and to provide Park, Trail, and Landscape Construction services, materials and/or equipment for Welcome Home Veterans Park, Project No. MF2370, and authorize the Mayor to execute the required documents; and b) authorize a Contingency Transfer from the Wastewater fund in the amount of $453,000. This item was approved with the Consent Calendar vote. 9. CONTRACT– consider approval of the Construction Manager at Risk (CMAR) 3 Guaranteed Maximum Price (GMP) Contract No. 319000968 with Hunter Contracting Co in an amount not to exceed $7,456,851 for the completion of Lindsay Road improvements - Pecos Road to SR-202, Project No. ST1170, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 10. CONTRACT – consider approval of Task Order No. 68 to Job Order Contract (JOC) Contract No. 319000397 with CS Construction, Inc. in an amount not to exceed $432,496 for safety enhancements at the Higley and Chandler Heights Roads intersection and left turn safety enhancements at the Lindsay and Warner Roads intersection, Project No. ST1540, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 11.CHANGE ORDER - consider approval of and authorize the Mayor to execute the required documents for: a) Change Order No. 1 to Construction Manager at Risk (CM@R) Construction Services Contract No. 319000729 with Hunter Contracting decreasing the contract amount by $439,731.27 for Rittenhouse District Park (Desert Sky Park) - Phase 1, Project No. PR0320; and b) Guaranteed Maximum Price (GMP) No. 2 to Construction Manager at Risk (CM@R) Construction Services Contract No. 319000729 with Hunter Contracting Co increasing the contract amount by $11,452,334 for construction at Rittenhouse District Park (Desert Sky Park) - Phase 2, Project No. PR0320. This item was approved with the Consent Calendar vote. 12. FINAL PLAT S17-1011 - consider approval of the final plat for Layton Lakes - Parcel 4, a replat of Parcel 4 of Layton Lakes Phase 1 - Gilbert located west of the northwest corner of Lindsay and Queen Creek Roads. This item was approved with the Consent Calendar vote. 13. MINUTES – consider approval of the minutes of Special Meeting of November 26, 2018. This item was approved with the Consent Calendar vote. PUBLIC HEARING Mayor Jenn Daniels opened the public hearing for Items 14, 15, 16, 17, 20, and 21. No one wished to speak and Mayor Jenn Daniels closed the public hearing. 4 A MOTION was made by Vice Mayor Brigette Peterson, seconded by Councilmember Victor Petersen, to approve public hearing Items 14, 15, 16, 17, 20, and 21.. Motion carried 7-0. 14. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for Gyoza Bar located at 3641 East Baseline Road, Suite 100 Q. This item was approved with the Public Hearing Vote. 15. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for Joe's Real BBQ located at 301 North Gilbert Road. This item was approved with the Public Hearing Vote. 16. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for Sweetz Cold Brew Coffee Co located at 835 North Gilbert Road. This item was approved with the Public Hearing Vote. 17. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for Quail Park at Morrison Ranch located at 3333 East Morrison Ranch Parkway. This item was approved with the Public Hearing Vote. 18. 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. This item was withdrawn by the applicant. 19. 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 withdrawn by the applicant. 20. GENERAL PLAN GP18-12 / ZONING Z18-26 - conduct hearing and consider: a) adoption of a Resolution approving a Minor General Plan amendment for Bellamy to change the land use classifications of approx. 40.04 acres generally located at the southeast corner of S. Greenfield and E. Germann Roads from 16.08 acres of Community Commercial and 23.96 acres of Residential > 5-8 to 40.04 acres of Residential > 3.5-5; and 5 b) approval of the findings and adoption of an Ordinance for Bellamy to rezone approx. 40.04 acres generally located at the southeast corner of S. Greenfield and E. Germann Roads from 16.08 acres of Community Commercial (CC) and 23.96 acres of Single Family- 6 (SF-6) to 40.04 acres of Single Family-Detached (SF-D) with a Planned Area Development (PAD) overlay zoning district. This item was approved with the Public Hearing Vote. Resolution No. 4027 and Ordinance No. 2698 were adopted. 20A. GENERAL PLAN GP18-09 - consider the following: a) Reconsideration of the Gilbert Town Council’s action on December 6, 2018 denying the request for a Major General Plan Amendment to change the land use classification of approximately 124.8 acres located on the northeast corner of Recker and Warner Roads; and b) if the Motion to Reconsider passes Council may take one of the following actions: 1) a Motion to set a date for a rehearing of Major General Plan Amendment GP18-09; or 2) direction to staff to accept an amended application for a Major General Plan Amendment GP 18-09. Mayor Jenn Daniels opened the Public Hearing on Item 20A. Jordan Ray noted that the item is the property that was discussed and not approved at the last Council meeting. He stated he was hoping for reconsideration by the Council. He said if it passed for reconsideration, the process of going through zoning would potentially take a few months, versus the statutory requirement of one year minimum. Mayor Jenn Daniels closed the Public Hearing on Item 20A. A MOTION was made by Councilmember Jordan Ray, seconded by Councilmember Victor Petersen, to reconsider the Council’s action on December 6, 2018 of the approximately 124.8 acres located on the northeast corner of Recker and Warner Roads. Motion carried 6-1 with Councilmember Eddie Cook casting the dissenting vote. Jordan Ray stated it was his hope that the applicant can go through the process again. He requested that staff will accept an amended application for General Plan amendment GP18-09, with the intent of working with staff and Planning and Zoning to go back through the process before being voted on by the Council. He encouraged the Council to meet with the applicant so that the amended application makes sense for everyone. 21. 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. 6 This item was approved with the Public Hearing Vote. 21A. INFRASTRUCTURE IMPROVEMENT PLAN/SYSTEM DEVELOPMENT FEES — conduct hearing on the draft of the Town of Gilbert Land Use Assumptions and Infrastructure Improvement Plan (IIP) and Development Fees. Mayor Jenn Daniels opened the public hearing on Item 21A. Office of Budget and Management Director Kelly Pfost discussed the timeline for approving the Infrastructure Improvement Plan (IIP) and gave an overview of the information contained in the Plan. Councilmember Victor Petersen asked how Gilbert will compare to other communities which are in the process of updating their IIP. Office of Budget and Management Director Kelly Pfost stated all communities are in the middle of their process, as they started at the same time based on major changes in Arizona Statute. She said some comparisons were done based on fees before the changes, noting the types of fees that are charged also vary in different communities. Mayor Jenn Daniels stated a comparison with other cities is challenging, because of the growth of Gilbert and the market conditions. She noted that the costs of construction, arterial infrastructure, and the freeway system are much higher than in the past. She also noted the cost of homes is on the rise, stating it is important to take into account where we are in our city’s life-cycle and that these costs are passed along. Miles Pinter, Scottsdale resident, spoke in opposition of the item on behalf of Maracay Homes. He stated nearby municipalities are decreasing fees. He spoke of the Roads Fee, stating the Ocotillo Road wash crossing from Greenfield Road to Higley Road is nearly a $60,000,000 project. He said it puts a burden on new development, noting the item could have an impact of several million dollars on Maracay Homes and other developers. Jackson Moll, Phoenix resident, stated he is the Vice President of Municipal Affairs for the Home Builders Association of Central Arizona. He spoke in opposition of the item, stating he had met with Town staff regarding his concerns. He thanked Town staff for their work and responsiveness, noting although they remain in opposition, he is hopeful they can reach an agreement that benefits both parties. Mayor Jenn Daniels closed the public hearing on Item 21A. ADMINISTRATIVE ITEMS 22.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 7 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 Councilmember Jared Taylor reported on the meetings held by the Subcommittee on Building Codes. He said a form went live today on the Town website for the public to input comments on the Building Codes for the subcommittee to evaluate. POLICY ITEMS 23.POLICY NO. 2019-01 - consider approval of Council Policy No. 2019-01 regarding purchases from members of the Governing Body. This item was approved with the Consent calendar. Policy No. 2019-01 was adopted. FUTURE MEETINGS There was no discussion. COMMUNICATIONS Report from the TOWN MANAGER on current events. Town Manager Patrick Banger recognized Program Supervisor Melanie Dykstra and Housing Rehabilitation Coordinator Robert Kropp of the Community Resources Department, as well as the Fire Resources Department, for adopting a senior citizen and providing that resident with a new refrigerator. He thanked all of the Town staff for their hard work to the community and wished everyone a Happy Holiday. Report from the COUNCIL on current events. Councilmember Jordan Ray thanked all Town staff, and specifically thanked the Parks and Recreation Department for their work during this busy time of year. Councilmember Victor Petersen stated his is grateful to all of the citizens, staff, and his peers on the Council, adding it had been a great honor to serve in that capacity. He wished everyone a Merry Christmas and Happy Holidays, and he encouraged everyone to find someone who they can serve. Report from the MAYOR on current events. 8 Mayor Jenn Daniels acknowledged Councilmember Victor Petersen for his eight years of service as a Gilbert Town Council member. She wished everyone a Merry Christmas and a Happy Holiday. ADJOURN Mayor Jenn Daniels adjourned the meeting at 7:42 p.m. ATTEST: ___________________________ ___________________________________ Jenn Daniels, Mayor Lisa Maxwell, MMC, 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 20th 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 9