Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF THURSDAY, MARCH 07, 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, Police Chief Michael Soelberg, Transportation Planner II Nichole McCarty, Water Resource Conservation Coordinator Heather Turrentine, Senior Project Manager Toby Crooks, Town Engineer David Fabiano, Office of Management and Budget Director Kelly Pfost, Assistant Town Engineer Susanna Struble, Chief Innovation Officer Shaila Ittycheria, and Assistant Town Attorney Nancy Davidson AGENDA ITEM CALL TO ORDER Mayor Daniels called the meeting to order at 6:30 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Taylor introduced the scouts in attendance who led the Pledge of Allegiance and introduced themselves. Dr. Dan Mooney, Pastor of the Elliot Road Baptist Church, gave the invocation. ROLL CALL Town Clerk Lisa Maxwell called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS 1. PROCLAMATION - Proclamation declaring March 2019 as Brain Injury Awareness Month. Councilmember Yentes read a proclamation declaring March 2019 as Brain Injury Awareness Month; and presented the proclamation to Carrie Collins-Fadell, Executive Director of Brain Injury Alliance of Arizona. She provided information on the organization and introduced the Velasquez Family. 1 2. PROCLAMATION - Proclamation declaring the month of March as Bike Gilbert Month. Councilmember Ray read a proclamation declaring the month of March as Bike Gilbert Month; and presented the proclamation to Chief Michael Soelberg, Transportation Planner II Nichole McCarty, and Brandee Lepak, owner of Global Bikes. 3. PRESENTATION - Recognizing Water Wise Gilbert communities. Vice Mayor Cook announced that in 2018, 85 sites earned the “Water Wise Gilbert” distinction. He stated 187 million gallons of water were saved, resulting in $336,600 in avoided water costs. He introduced Water Resource Conservation Coordinator Heather Turrentine who provided information on the program and acknowledged the recipients. COMMUNICATIONS FROM CITIZENS Paul Rodriguez, a Gilbert resident, discussed the topic of compromise and gave examples. He stated it was important for people to work together even if they do not agree on an issue and said he would make a presentation to Council regarding homeless cats soon. CONSENT CALENDAR A MOTION was made by Vice Mayor Cook, seconded by Councilmember Ray, to approve Consent Items 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15; continue Item 21 to the March 21, 2019 Council meeting; and add Item 20 to the Consent Calendar, appointing Val Gale, Alan Kranzberg, and Brent Yap to the Industrial Development Authority with terms beginning March 12, 2019 and ending March 11, 2025. Motion carried 7-0. This item was approved with the Consent Calendar vote. 4. AGREEMENT – consider approval of Settlement Agreement with Contractors Cargo Company related to damage to a traffic light pole on December 8, 2017 and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 5. CONTRACT – consider approval of Professional Services Contract No. 319001037 with Hazen and Sawyer in an amount not to exceed $275,752 to evaluate the ozone generation system and application at the North Water Treatment Plant, Project No. WA1290, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 6. CONTRACT – consider: a) renewal of Maintenance Contract No. 319000052 with Lucity for maintenance and support of the Lucity system; and 2 b) approval of expenditures under Contract No. 319000052 with Lucity in an amount not to exceed $103,510 for annual maintenance and support and authorize the Mayor to execute the required documents This item was approved with the Consent Calendar vote. 7. CONTRACT– consider approval of: a) Guaranteed Maximum Price (GMP) Order No. 3 to Construction Manager at Risk (CM@R) Contract No. 319000729 with Hunter Contracting Co in an amount not to exceed $2,816,683 for the construction phase III of Rittenhouse District Park (Desert Sky Park), Project No. PR0320, and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the General Fund in the amount of $4,000,000 for the Public Safety Training Facility, MF0400. This item was approved with the Consent Calendar vote. 8. CONTRACT – consider approval of Task Order No. 70B to Job Order Contract (JOC Contract No. 319000397 with CS Construction in an amount not to exceed $209,931.50 for construction of a traffic signal at Queen Creek Road and Recker Road, Project No. TS1900, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 9. CHANGE ORDER – consider approval of Change Order No. 2 to Project Management/ Construction Management (PM/CM) Services Contract No. 319000651 with TriStar Engineering & Management, Inc. increasing the contract amount by $52,380 for Scope Changes for Heritage District Transportation Improvements, Project No. RD2110, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 10. GRANT – consider application of a pass-through 12% Gaming Grant from the Gila River Indian Community for: a) Gilbert Historical Society dba HD South in the amount of $100,000; b) One Small Step Inc. dba The Clothes Cabin in the amount of $100,000: c) Dignity Health Foundation-East Valley in the amount of $500,000 and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 11. GRANT – consider application and acceptance of 12% Gaming Contribution Grant from 3 the Gila River Indian Community in the amount of $68,000 for the Public Safety small Unmanned Aerial System (sUAS) that would include (5) small Unmanned Aerial Vehicles (sUAVs), related software, training, supplies, and equipment. This item was approved with the Consent Calendar vote. 12. 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. 13. FINAL PLAT SP1679 - consider approval of the final plat for Mercy Medical Commons II located at the southwest corner of Mercy Road and Rome Street. This item was approved with the Consent Calendar vote. 14. BOARDS AND COMMISSIONS – consider appointment of Deputy Town Manager Leah Hubbard Rhineheimer a regular member to the Fire & Police Public Safety Personnel Retirement System (PSPRS) Local Pension Boards, to fill the remainder of a term ending October 6, 2019 and an additional four-year term ending October 6, 2023. This item was approved with the Consent Calendar vote. 15. MINUTES – consider approval of the minutes of the Special Meetings of February 13, 2019 and February 21, 2019 and the Regular Meeting of February 21, 2019. This item was approved with the Consent Calendar vote. PUBLIC HEARING Mayor Daniels opened the Public Hearing for Item 16. No one wished to speak and Mayor Daniels closed the public hearing. A MOTION was made by Vice Mayor Cook seconded by Councilmember Taylor, to approve public hearing Item 16. Motion carried 7-0. 16. PROPERTY ACQUISITION – conduct hearing and consider adoption of a Resolution approving the acquisition of right-of-way and easements on Parcel Nos. 304-58-796 and 304-58-797 for the Reservoir, Pump Station and Well Conversion Project No. WA0620. This item was approved with the Public Hearing Vote. Resolution No. 4038 was adopted. 17. PROPERTY ACQUISITION – conduct hearing and consider adoption of a Resolution approving the acquisition of right-of-way and required easements for the Western Powerline Trail Union Pacific Railroad (UPRR) Grade Separated Pedestrian Crossing, Project No. PR1130. 4 Mayor Daniels opened the Public Hearing for Item 17. Councilmember Taylor stated he supported the item, but said it was premature because there was not a settled value on the acquisition price. He said it was not a high priority or a piece of critical infrastructure, and more time would allow for a better transaction. Mayor Daniels stated she believed the amount was the price that had been negotiated. Senior Project Manager Toby Crooks stated the proposal was to start a discussion regarding the land that is needed. He said the first offer is made for what the appraised value is; it is the beginning point of opening the discussion with the property owner. Town Engineer David Fabiano stated it was a standard process to begin negotiations with the appraised value. He said if there is a difference in value, it goes through the Legal Department and then back to the Council. He confirmed that if the agreed-to purchase price matches the appraisal that was presented to the Council, it would be executed because the Council has already given authority for that amount. If the amount is greater than the purchase price, the item would go back to the Council for reconsideration. There was discussion regarding the process if the amount is below the appraisal. Mayor Daniels and Councilmember Taylor requested that Town Attorney Christopher Payne and Town Manager Patrick Banger provide an update on the negotiations. Mayor Daniels closed the Public Hearing for Item 17. A MOTION was made by Vice Mayor Cook, seconded by Councilmember Anderson, to approve public hearing item 17. Motion carried 7-0. Resolution No. 4039 was adopted. 18. FEES – conduct hearing on Proposed System Development Fees for Traffic Signals, Transportation, Police, Fire, Parks and Recreation, General Government, Water and Wastewater pursuant to Arizona Revised Statutes (ARS) Section 9-463.05. Mayor Daniels opened the Public Hearing for Item 18. Office of Management and Budget Director Kelly Pfost discussed the changes in the public hearing, noting it was allowable to adopt less than the maximum. She stated Mayor Daniels requested the option of lowering some of the fees. She highlighted the Ocotillo Bridge Project, stating the System Development Fee (SDF) could come down on the roads portion, which would also cause the overall impact to businesses and homeowners to come down. Mayor Daniels stated the fees were analyzed to ensure the Town was staying consistent with the projected growth of the community. She said the proposed lower rates would be in the mid-to-low range compared to other municipalities and in a more reasonable place. Councilmember Taylor asked about the cost of a road that connects instead of a bridge. 5 Assistant Town Engineer Susanna Struble stated in this instance they have looked at the bridge from the most expected ability to the lowest level. She said they cannot go all the way up and back down because there would be some impedance to the drainage basin that this road would have to go through. In order to keep water flowing back and forth, the minimum amount from a two year old estimate would be around $20,000,000. Town Engineer David Fabiano clarified that the minimum cost would now be about $25,000,000. Councilmember Taylor expressed concerns, speaking specifically about Road SDF. He said the people in the houses that would be paying for the bridge would not be benefitting. He also expressed concerns regarding the impact on businesses and those trying to purchase homes with higher SDF. Councilmember Yentes stated she appreciated the efforts to avoid negatively impacting growth or limit the ability to expand. She echoed the concerns of Councilmember Taylor regarding Road SDF, stating the benefactors would be current residents and the majority of the impact would fall on newcomers. Councilmember Anderson expressed concerns regarding double taxation. He asked if there was the expectation for a developer to build half-streets that was charged through SDF, would the Town also charge a builder on the adjacent property. Office of Management and Budget Director Kelly Pfost stated each project is reviewed to make sure there would not be double counting. Mayor Daniels stated though she appreciated the concerns regarding new residents paying for some of the infrastructure, new residents also benefit from the SDF that have been paid for generations and what others have previously paid in terms of growth. She also noted that the Council had been discussing solutions for a long time, noting the lack of Highway User Revenue Funds (HURF). She said growth paying for growth is a conservative principle, and everyone benefits from SDF that have been paid before. She also spoke about the rising costs of projects including rising costs of labor and materials. There was discussion regarding the total cost and how much is attributed to growth. Direction was given to staff to “prepare SDF documents for the April 18, 2019 adoption hearing that will be less than the maximum allowed under statute, with the road fee lowered to include the funding for the 25% of the Ocotillo Bridge”. Mayor Daniels closed the Public Hearing for Item 18. 19. CODE OF GILBERT – conduct hearing and consider adoption of an Ordinance amending the Code of Gilbert, Arizona, by amending Chapter 42 Offenses and Abatement of Public Nuisances, Article II Offenses Involving Property Rights, Section 42-33 Discharge of water into town drainage basins related to discharge of pool water into town-owned drainage basins. Mayor Daniels opened the Public Hearing on Item 19. 6 Councilmember Peterson asked that this item be continued to March 21, 2019, at the request of a resident who brought the item to the attention of the Council. Mayor Daniels closed the Public Hearing on Item 19. A MOTION was made by Councilmember Peterson, seconded by Councilmember Taylor, to continue item 17 to the March 21, 2019 regular meeting. Motion carried 7-0. 19A. CODE OF GILBERT – conduct hearing and consider adoption of: a) Ordinance amending the Code of Gilbert, Arizona, by amending Chapter 54 Streets, Sidewalks and Other Public Places, Article I In General, Section 54-1 Obstruction of Streets and Sidewalks and Section 54-2 Use and Occupancy of Public Streets, Chapter 62 Traffic and Vehicles, Article IV Bicycles, Division 1 Generally, Section 62-101 Definitions, Section 62-102 Rental Agencies – Display of Article Provisions, Section 62-103 Reserved, Section 62-104 Reserved, Section 62-105 Parking, Section 62-106 Riding on Bike Lanes, Sidewalks and Roadways, Article V Motorized Play Vehicles and Motorized Skateboards, section 62-141 Definitions and Section 62-142 Applicability of Traffic Laws related to Motorized Devices; and b) Resolution adopting the Micromobility Pilot Program and the Pilot Program rules and authorizing the Town Manager to take any and all actions that are necessary to implement the Pilot Program. Mayor Daniels opened the Public Hearing on Item 19A. Transportation Planner II Nichole McCarty provided an overview of the proposed Micromobility Pilot Program. She highlighted goals and objectives, key issues, and pilot program details. She noted the department would continue to evaluate results, make improvements when needed, and return to the Council within one year with an update. She said the next steps would be to prepare the application packet, update the website, provide educational information to the community, and prepare a detailed 311 Process for the program participants. The Pilot Program is expected to commence by April 6, 2019, pending the approval of the Council. Councilmember Taylor thanked staff for their work but expressed concerns regarding the timing of an April 6, 2019 start date. He stated it would not allow sufficient time to collect data. Transportation Planner II Nichole McCarty stated the date in April would be the time when the program would open, not a deadline. She stated any interested companies would have to meet with the Town and sign a data-share agreement. There was discussion regarding the enforcement of and transition into the program. Town Manager Patrick Banger stated conversations will begin in April, but firms’ agreements will not likely be reached at that time. Councilmember Taylor also expressed concerns with conflicting information in the language. Chief Innovation Officer Shaila Ittycheria explained the term “geo fencing” and 7 also spoke about universal data that each company should be able to comply with quickly as a minimum requirement. Councilmember Taylor stated he would like information on the gap between fees collected through enforcement and the cost of the Town. He said he would like to understand the budget impact. Vice Mayor Cook and Councilmember Taylor requested an explanation of the ten cent per ride fee in the proposal and how that number was agreed upon. Transportation Planner II Nichole McCarty stated the Bird Company quoted five cents per ride, but other cities are charging ten cents. She stated ten cents was a common number from the cities they researched. Councilmember Taylor asked for more data regarding budgetary side. Councilmember Taylor requested a specific date for the pilot term. There was discussion regarding the terms of code enforcement for violations. Councilmember Taylor requested a mandated written warning. Police Chief Michael Soelberg stated there is always an educational component to any new ordinance. He cautioned mandating a warning in the ordinance that does not solely apply to scooters, as mandated warnings would extend to other circumstances. Councilmember Taylor made the following requests: to see explicit warnings, a defined time period for the pilot program, and the metrics to be added on the budgetary side. Town Manager Patrick Banger stated it was agreed upon to have flexibility with the pilot program, as there may be a need to discontinue the program or make significant modifications. He reiterated that there was a firm commitment to go back to Council in one year with a permanent solution. Mayor Daniels noted the provision does apply to personal scooters as well, in terms of obstructing the sidewalks. Police Chief Michael Soelberg confirmed the ordinance applies to everyone, public and private. There was discussion regarding speed, signage, and civil penalties. Assistant Town Attorney Nancy Davidson added that the Town currently does prohibit obstructions stating it was unlawful, subject to Section 1-5 as a civil penalty. She stated previously there was no mechanism to enforce it. She noted the written warning portion to companies could be added as a term and condition; however, if will apply across the board to citizens, private scooters, and scooter companies, then that will need to be written in the Ordinance. Councilmember Taylor stated it was an important distinction, noting the need for both formal and informal operations. 8 There was further discussion regarding a mandated warning and if the warning would be per company or per scooter. The Council also discussed how warnings could be given, entered, tracked, and enforced. Vice Mayor Cook expressed concerns regarding subjective language and unspecified design criteria. There was discussion regarding age and licensing requirements. Vice Mayor Cook requested data on the number of injuries of residents. Councilmember Peterson spoke of the 25 mile per hour speed limit and the locations that the scooters would be allowed in. Transportation Planner II Nichole McCarty discussed where scooters could be placed; noting scooters could be used on sidewalks. There was discussion on the laws regarding bicycle lanes and the use of bicycles and scooters on sidewalks. Town Attorney Christopher Payne affirmed it is permissible to ride bicycles on the sidewalk as long as there are no signs indicating otherwise. Mayor Daniels closed the Public Hearing on Item 19A. A MOTION was made by Vice Mayor Cook, seconded by Councilmember Ray, to approve public hearing Item 19A, with a change found in the title of the Resolution to replace the word “matrix” with the word “terms”. A MOTION was made by Councilmember Taylor to approve the Ordinance with modifications to Sections 54-1, 62-103, 62-106, 62-142 to require a written warning prior to a civil penalty. Motion failed for lack of second. Direction was given to staff to collect the data for fees and cost as requested. A vote was taken on the original motion. Motion carried 7-0. Resolution No. 4040 and Ordinance No. 2703 were adopted. ADMINISTRATIVE ITEMS 20.BOARDS AND COMMISSIONS – consider appointment of three regular members to the Industrial Development Authority, with terms beginning March 12, 2019 and ending March 11, 2025. This item was approved with the Consent Calendar vote. Val Gale, Alan Kranzberg, and Brent Yap were appointed as regular members to the Industrial Development Authority; with terms beginning March 12, 2019 and ending March 11, 2025. 21.BOARDS AND COMMISSIONS – consider to appoint members to the Town of Gilbert Judicial Selection Committee. A motion to continue this item to the March 21, 2019 meeting was made with the Consent Calendar vote. 9 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 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 Taylor provided an update on the Council on the Subcommittee on Building Code. He noted where additional information on the Code could be found. Councilmember Peterson provided an update on the Subcommittee on the Land Development Code. POLICY ITEMS 23.POLICY NO. 2019-02 - consider approval of Council Policy No. 2019-02 regarding appraisals for acquisition and disposition of Town property. A MOTION was made by Vice Mayor Cook, seconded by Councilmember Peterson to approve Item 23. Motion carried 7-0. Policy No. 2019-02 was adopted. FUTURE MEETINGS There was no discussion. COMMUNICATIONS Report from the TOWN MANAGER on current events. Town Manager Patrick Banger recognized those who assisted in the Water Conservation event and provided information on the 8th Annual Water Festival in partnership with Arizona Project WET (Water Education) and the Gilbert Public School District. He thanked the different members of the organization who had assisted in the Micromobility/Scooter Pilot Program. 10 Report from the COUNCIL on current events. Vice Mayor Cook reported that he will be sharing the Resolution of Civility with other organizations and encouraging them to come up with their own in their communities. Report from the MAYOR on current events. Mayor Daniels thanked Office of Management and Budget Director Kelly Pfost and everyone who assisted in the Financial Retreat. She also thanked everyone who helped with the Micromobility Pilot Program, stating it will help to create a process template that can be used as a framework in dealing with new technology. ADJOURN Mayor Daniels adjourned meeting at 8:23 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 regular meeting of the Town Council of the Town of Gilbert held on the 7th day of March, 2019. 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 11