Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL IN REGULAR MEETING OF TUESDAY, JANUARY 22, 2019 AT 6:30 PM, MUNICIPAL CENTER, COUNCIL CHAMBERS, 50 E CIVIC CENTER DRIVE, GILBERT, ARIZONA COUNCIL PRESENT: Mayor Jenn Daniels, Vice Mayor Eddie Cook, Councilmembers Scott Anderson, Brigette Peterson, Jordan Ray, Jared Taylor, and Aimee Yentes COUNCIL ABSENT: None STAFF PRESENT: Town Manager Patrick Banger, Town Clerk Lisa Maxwell, Deputy Clerk Chaveli Herrera, Town Attorney Christopher Payne, Office of Management and Budget Director Kelly Pfost, Water Resources Manager Eric Braun AGENDA ITEM CALL TO ORDER Mayor Daniels called the meeting to order at 6:35 p.m. PRESENTATION OF STUDENT CITIZEN OF THE MONTH AWARD Mayor Daniels and the Council presented Student Citizen of the Month Awards for December to: Kinsley Miller, Gabriel Acosta, Sofia Hester, Kate Blech, Lucas Keyes, Daniel Brocker, Parker Walsh, Laney Orchard, Adam “AJ” William, Caymn Hahn, Macey Welsh, Braylen Carrillo, Alexis Garcia, Dakoda “Kodi” Dent, Marah White, Mia Lopez, Christopher Berra, Scarlet Richards, Anna Braaksma, Annabelle Bozeman, Madelyn DeYoung, Elena Elmes, Sophia Geller, Joshua Brossman, Brooke Glazewski, Matt Leazier, Michael Molina, Kenzington McGregor, Chenhan Zhang, Adam Jarman, Heidi White, Kelli Anderson, Chantel Alani Brown, Lucas James Nearing, Preston Kirby, Ethan Thompson, Glenn Ratificar, Grant Williams, and Mitchell Hamrock INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Anderson introduced the Scouts in attendance who led the Pledge of Allegiance and introduced themselves. Councilmember Anderson gave the invocation. ROLL CALL Town Clerk Lisa Maxwell called roll and declared a quorum present. 1 PRESENTATIONS; PROCLAMATIONS None. COMMUNICATIONS FROM CITIZENS Paul Rodriguez, Gilbert resident, gave recognition to a husband and wife who wished to remain anonymous, who recently captured nine feral cats and took them to a local spay and neuter clinic. He stated that he was caring for a cat who sustained a serious eye injury. Les Presmyk, Gilbert resident, spoke about FACE (Foundation for Arts, Culture, and Education) of the East Valley. He provided background information about the program and spoke about upcoming events. He stated that the program was the only Gilbert nonprofit to receive a grant from the Arizona Commission on the Arts. He invited everyone to an upcoming musical “Building Bridges” and stated there was no cost for kids who attend. He elaborated on the programs outreach and fundraising. He encouraged everyone to visit their website. CONSENT CALENDAR A MOTION was made by Vice Mayor Cook, seconded by Councilmember Anderson, to approve Consent Items 1, 2, 3, 4, 6, 8, 9, 11, 12, 13, 14, 15, and 16; and remove Items 5, 7, 10 and 15A from the Consent Calendar. Motion carried 7-0. 1. INTERGOVERNMENTAL AGREEMENT – consider approval of Intergovernmental Agreement No. 319000996 with Arizona Department of Transportation (ADOT) in an amount not to exceed $218,000 for project management and design review of the Lindsay Road at State Route 202 Traffic Interchange, Project No. ST1580, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 2. AGREEMENT – consider renewal of Lease Agreement No. 319001003 with Gilbert Youth Soccer Association in an amount not to exceed $1 per year for the lease of the fields at the Gilbert Youth Soccer Complex with the leasee responsible for the care and maintenance of the facility for a term of five (5) years with the option to renew five (5) times for five (5) years each renewal and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 3. CONTRACT – consider approval of Architectural/Engineering Services (A/E) Contract No. 319000693 with Kimley Horne in an amount not to exceed $2,499,913.53 for the Lindsay Road/202 Traffic Interchange, Project No. ST1580,and authorize the Mayor to execute the required documents. 2 This item was approved with the Consent Calendar vote. 4. CONTRACT – consider approval of Architectural/Engineering (AE) Contract No. 319000984 with AZTEC Engineering in an amount not to exceed $124,144 for the Val Vista Drive/Eastern Canal Bridge Repair, Project No. ST1710, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 5. CONTRACT – consider renewal of the following contracts in an amount not to exceed $288,000 for recycling commodities and authorize the Mayor to execute the required documents: a) Contract No. 2017-4105-0442 with United Fibers LLC; b) Contract No. 2017-4105-0509 with Waste Management; and and c) approval of a Contingency Transfer from the Environmental Services Residential Fund in the amount of $288,000. Councilmember Anderson expressed his concern about increased fees for recyclable material and stated that he would like staff to keep Council updated and informed on the recyclable market. Town Manager Banger stated that staff would continue to explore all options and keep Council advised. A MOTION was made by Councilmember Anderson, seconded by Councilmember Peterson, to approve Item 5. Motion carried 7-0. 6. CONTRACT – consider approval of Cooperative Purchase Agreement No. 319001006 (Eden No. 2018-4105-0289) with Schaefer Systems International, Inc. utilizing City of Mesa Cooperative Purchasing Contract No. 2018048 in an amount not to exceed $639,400 annually for Residential Refuse and Recycling Containers with a termination date of January 31, 2021 and the option to renew two (2) additional one (1) year terms and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 7. CHANGE ORDER – consider approval of Change Order No. 1 to Contract No. 319000659 with Hubbard Engineering increasing the contract amount by $12,480 adding controls and electrical equipment to the new pump station along with a 6” reclaimed waterline extending from the municipal lake to the Welcome Home Veterans Park, Project No. MF2370, and authorize the Mayor to execute the required documents. Councilmember Yentes recused herself. 3 A MOTION was made by Vice Mayor Cook, seconded by Councilmember Peterson, to approve Item 7. Motion carried 6-0 with Councilmember Yentes abstaining 8. CONTRACT – consider approval of expenditures under Purchase Contract No. 319000049 (EDEN No. 2018-1105-0028) with Knowledge Services in an amount not to exceed $120,000 for contract labor costs and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 9. BUDGET – consider approval of a Contingency Transfer from Environmental Services Contingency Fund – Residential in the amount of $100,376 for the purchase of Trash and Recycling Containers. This item was approved with the Consent Calendar vote. 10. FEES - consider adoption of the Land Use Assumption (LUA) and Infrastructure Improvement Plan (IIP) as part of the process of updating the System Development Fees to be effective July 8, 2019. A public hearing held on December 20, 2018. Councilmember Taylor discussed concerns with the roads System Development Fees (SDFs) and stated concerns with the tradeoff and business growth. He voiced his agreement with the Chamber’s concern and stated that there might be other ways to fund projects without negative effects. He stated that he would like to see more information before he approved any SDFs. A MOTION was made by Vice Mayor Cook, seconded by Councilmember Anderson, to approve Item 10. Motion carried 6-1, with Councilmember Taylor casting the dissenting vote. 11. ABANDONMENT - consider adoption of a Resolution of abandonment for approximately 7,960 square feet of public utility easements located near the southwest corner of Elliot Road and Gilbert Tiger Drive. This item was approved with the Consent Calendar vote. Resolution No. 4029 was adopted. 12. FINAL PLAT S14-12 - consider approval of the final plat for Somerset Phase 2 located at the southeast corner of Greenfield Road and the Willis Road alignment. This item was approved with the Consent Calendar vote. 13. FINAL PLAT S17-1010 - consider approval of the final plat for Fulton Homes Cooley Station - Parcels 9, 11, 17a & 30 located south and east of the southeast corner of Recker Road and Williams Field Road. This item was approved with the Consent Calendar vote. 4 14. FINAL PLAT SP1674: consider approval of the Final Plat for American Groves located at the southwest corner of Elliot Road and Gilbert Tiger Drive. This item was approved with the Consent Calendar vote. 15. RISK MANAGEMENT - consider acceptance of the Risk Management Quarterly Claim report for the Fiscal Year 2019, Quarter 2. This item was approved with the Consent Calendar vote. 15A. RESOLUTION - consider adoption of a Resolution adopting Kindness, USA as the official nickname of the Town of Gilbert and establishing April 22 to April 28, 2019 as Gilbert Kindness Week. Mayor Daniels provided additional information about the resolution. A MOTION was made by Mayor Daniels, seconded by Vice Mayor Cook, to approve Item 15A. Motion carried 7-0. Resolution No. 4030 was adopted. 16. MINUTES – consider approval of the minutes of the Inauguration and Regular Council Meeting of January 8, 2019 and Legislative Breakfast Meeting of January 11, 2019. This item was approved with the Consent Calendar vote. PUBLIC HEARING Mayor Daniels opened the public hearing for Items 17 and 18. No one wished to speak and Mayor Daniels closed the public hearing. A MOTION was made by Councilmember Ray, seconded by Vice Mayor Cook, to approve public hearing Items 17 and 18. Motion carried 7-0. 17. STREETLIGHT IMPROVEMENT DISTRICT 18-04 - consider adoption of a Resolution creating Streetlight Improvement District No. 18- 04 Somerset subdivision and ordering the improvements. This item was approved with the Public Hearing Vote. Resolution No. 4031 was adopted. 18. GENERAL PLAN GP18-10 / ZONING Z18-20 - conduct hearing and consider: a) adoption of a Resolution approving a Minor General Plan Amendment for Verde at Cooley Station to change the land use classification of approx. 22.92 acres generally located at the southwest corner of Recker and Williams Field Roads from .97 acres of Village Center, 9.75 acres of Business Park and 12.20 acres of Residential > 14-25 DU/Acre land use classifications to 11.2 acres of Village Center, 10.66 acres of Business Park, and 1.06 acres of Residential > 14-25 DU/Acre; and 5 b) approval of the findings and adoption of an Ordinance for Verde at Cooley Station to amend Ordinance Nos. 1900 & 2179 pertaining to the Cooley Station Residential, Office, and Shopping Center Planned Area Development (PAD-ROS), and Ordinance No. 1995 pertaining to the Cooley Station Village and Business Center Planned Area Development by removing approximately 57.16 acres, generally located on the southwest corner of Recker and Williams Field Roads; approving the development plan for Verde at Cooley Station PAD; and changing the zoning classification for 57.16 acres of real property from 15.00 acres of Gateway Village Center (GVC), 17.13 of Gateway Business Center (GBC), and 25.03 acres of Multi Family/Medium (MF/M) zoning districts, all with a Planned Development Overlay, to 25.23 acres of Gateway Village Center (GVC), 18.04 acres of Gateway Business Center (GBC), and 13.89 of acres Multi-Family/Medium (MF/M) zoning districts, all with a Planned Area Development (PAD) overlay. This item was approved with the Public Hearing Vote. Resolution No. 4032 and Ordinance No. 2699 were adopted. 19.DEVELOPMENT AGREEMENT – consider adoption of a Resolution approving the Amendment No. 1 to the Amended and Restated Development Agreement with the Cooley Center Property Ownership to provide for a new development currently planned for the southwest corner of Williams Field and Recker Roads and authorize the Mayor to execute the required documents. Mayor Daniels opened the public hearing for Item 19. No one wished to speak and Mayor Daniels closed the public hearing. A MOTION was made by Councilmember Ray, seconded by Vice Mayor Cook, to approve Item 19. Motion carried 7-0. Resolution No. 4033 was adopted. 20.CODE OF GILBERT - conduct hearing and consider adoption of an Ordinance amending the Code of Gilbert, Arizona, by amending Chapter 66, Utilities Operations, Article VIII, Water Conservation, Division 1, Generally, Section 66-356, Restrictions on use of potable water in artificial Lakes and Turf-Related Facilities; Exceptions related to use reclaimed water for lakes on town owned property. Mayor Daniels opened the public hearing for Item 20. Water Resources Manager Braun stated that the change in the Town Code was an effort to assist with the Town’s water resource management. He discussed future opportunities for amenities that would not be allowed without the change and elaborated on the benefit for the public and protection of the Town’s water supply. Vice Mayor Cook stated that he was not in favor of the language change. He stated he understood the intent but expressed concerns on long term draught. Mayor Daniels stated that she understood the concerns on water resources but felt there was a need for flexibility. She discussed the Town’s water management and continued 6 efforts of innovation and efficiency. She expressed her gratitude for the work that has been done and stated that she was in favor of the change. Mayor Daniels closed the public hearing on Item 20. A MOTION was made by Councilmember Taylor, seconded by Councilmember Peterson, to approve Item 20. Motion carried 6-1, with Vice Mayor Cook casting the dissenting vote. Ordinance No. 2700 was adopted. ADMINISTRATIVE ITEMS 21. FEES – consider a motion to: a) direct staff to publish a Notice of Intention to Increase System Development Fees for associated with the police, fire, parks and recreation, traffic signal, roads and intersections, water, wastewater, and general government system development fees; and b) set the public hearing date for March 7, 2019. Councilmember Yentes requested a staff presentation on the item. Office of Management and Budget Director Pfost gave a presentation on the Notice of Intention to Increase Fees. She discussed the need to update the fees and provided a planned timeline. She briefly discussed land use assumptions, service area, and the Infrastructure Improvement Plan (IIP) and discussed change in rates. She explained that the biggest change would be a new fee for roads. She provided roads and streets comparison information, combined comparisons and stated that the public hearing would be scheduled in March. Councilmember Yentes asked for additional background information on the item and stated that she appreciated the comparisons with other cities that were provided. A MOTION was made by Vice Mayor Cook, seconded by Councilmember Peterson, to approve Item 20. Motion carried 6-1, with Councilmember Taylor casting the dissenting vote. 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 e) Regional Meetings f) Industrial Development Authority g) Mayor’s Youth Advisory Committee h) Parks and Recreation Board i) Planning Commission 7 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 There was no discussion. FUTURE MEETINGS There was no discussion. COMMUNICATIONS Report from the TOWN MANAGER on current events. Town Manager Banger thanked Parks and Recreation Director Robert Carmona on the GYSA (Gilbert Youth Soccer Association) Agreement and stated that he looked forward to their continued partnership. He thanked Water Resources Manager Eric Braun on his work with the Code Amendment presented to Council and the continued efforts and advisement regarding the draught contingency plan. Lastly, he recognized two employees with anniversaries, Public Works Director Jessica Marlow who celebrated her fifth year with the Town and Wastewater Manager Mark Horn who celebrated his thirtieth year with the Town. Report from the COUNCIL on current events. None. Report from the MAYOR on current events. Mayor Daniels recognized Councilmember Taylor’s recent birthday and presented him with a card and cookies. ADJOURN Mayor Daniels adjourned meeting at 7:38 p.m. ATTEST: ___________________________ ___________________________________ Jenn Daniels, Mayor Chaveli Herrera, CMC, Deputy 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 22nd day of January, 2019. I further certify that the meeting was duly called and held and that a quorum was present. Dated this ____ day of ____________________. ___________________________________ Chaveli Herrera, CMC, Deputy Town Clerk 9