Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF THURSDAY, MAY 16, 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 Town Clerk Chaveli Herrera, Town Attorney Christopher Payne, Economic Development Director Dan Henderson, and Assistant Town Attorney John Baird AGENDA ITEM CALL TO ORDER Mayor Daniels called the meeting to order at 6:30 p.m. PRESENTATION OF STUDENT CITIZEN OF THE MONTH AWARD Mayor Daniels and the Council presented Student Citizen of the Month Awards for April to (presented alphabetically by school): Emerie Grantham, Know Rawlings, Rustin Bingham, Ryker Aeschlimann, Jayden Olcott, Michael Hagert, Corey Allen, Logan Reber, Abigail Upshaw, Lillian Cluff, Sage Romey, Joshua Kelley-McCarty, Kennedy Ochoa, Cyndi Romero-Jackson, Anthony Rotunda, Adam Bevell, Brienna McCormick, Aliyah Taylor, Audrianne Joiner, Charlotte Brandenburg, Matthew Hansen, Mia Zamora, Colton Cagle, Priscilla Murphy, Jesselin Laster, John Davis, Hailey Green, Jenna Jacobs, Mikala De Boer, Haely Crew, Allison Rost, Sydney Mosher, Sophia Warren, Marcus MacDonald, Robert Blum, Lexi Marie Atkin, Joshua Bush, Ashlee Davis, McKay Hartman, Kate Montgomery, and Noah Lopez. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Yentes introduced the scouts in attendance who led the Pledge of Allegiance and introduced themselves. Pastor Adam Bailie of Christ Church of Gilbert gave the invocation. ROLL CALL Town Clerk Lisa Maxwell called roll and declared a quorum present. 1 PRESENTATIONS; PROCLAMATIONS 1. PROCLAMATION - Proclamation declaring Phoenix Wushu Academy as Ambassadors of Gilbert to Leshan, China. Councilmember Peterson read a proclamation declaring Phoenix Wushu Academy as Ambassadors of Gilbert to Leshan, China; and presented the proclamation to Instructor Jane Ho and the following members of Phoenix Wushu Academy: Kelley Chau, Jordan Mai, Lucas Tam, Mathew Wang, and Brad Wu. The martial art students gave a demonstration of the skills they would perform at the 8th World Wushu Kungfu Championship in China. COMMUNICATIONS FROM CITIZENS Caroline Foote, Gilbert resident, discussed issues regarding cat overpopulation. She stated there were individuals who would be willing to help control the overpopulation of cats and hoped the Council would reconsider its stance on the issue. Victoria Stallings, Gilbert resident, discussed Ordinance No. 2664 which prohibits the feeding of feral animals on Town property and its effects on the Trap, Neuter and Release program. Paul Rodriguez, Gilbert resident, discussed the shared objective of working together to control the feral animal population and shared a story. Doralise Machado-Liddell, Gilbert resident, spoke in support of Ordinance No. 2664. She said feeding feral cats caused problems for residents living near parks and Town property. CONSENT CALENDAR A MOTION was made by Vice Mayor Cook, seconded by Councilmember Ray, to approve Consent Items 2, 3, 3A, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14; and remove Item 2A from the Consent Calendar. Motion carried 7-0. 2. AGREEMENT – consider approval of Operation and Maintenance Agreement No. 319001126 with Inframark for the operation and maintenance of the Neely Wastewater Reclamation Plant for a period of four (4) years commencing July 1, 2019 through June 30, 2023, with the option to renew for three (3) additional two (2) year terms and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 2A. DEVELOPMENT AGREEMENT/CONTRACT – consider and authorize the Mayor to execute the required documents for: a) adoption of a Resolution approving a Development and Disposition Agreement with Heritage North Partners, LLC related to the sale and development of property in the Town; and 2 b) approval of Purchase Contract No. 319001147 with Heritage North Partners, LLC with a minimum payment to the Town of $5,332,000 for approximately 9.1 acres located south of Juniper Avenue, east of Ash Street, and west of Gilbert Road. Economic Development Director Dan Henderson summarized the property history, location details, price, and timeline. He discussed the Request for Quotation (RFQ), Request for Proposal (RFP), and Interview process. He highlighted the project inspiration, conceptual design plans, expected mixed uses, and development phases. Doralise Machado-Liddell, Gilbert resident, stated the proposed development agreement went against the Redevelopment Plan. She voiced concerns that the proposed agreement would give control to the developer or property owner. She said the Redevelopment Plan should be implemented as-is. She requested that the Council pause on the item, allowing time for the public to review and digest it. Attorney Charles Huellmantel offered to answer questions on behalf of the applicant, Heritage North Partners, LLC. He noted there would be an ongoing, public design process as the project continued. Councilmember Ray asked for confirmation that any developer requests that were outside of current building standards would require the normal public process and would be brought before the Council. Assistant Town Attorney John Baird confirmed that such items would require going back through the public process and be brought before the Council in order to make changes against any current regulations. Councilmember Scott Anderson requested a brief summary of the public hearing process that was executed for this project. Economic Development Director Dan Henderson summarized public outreach efforts including studies, stakeholder meetings, surveys, community meetings, Council study sessions, door-to-door engagements, social meeting outreach, and public workshops dating back to 2015. Councilmember Taylor asked for information regarding the current readiness of the needed infrastructure and the analytic processes for water and traffic. Economic Development Director Dan Henderson stated the infrastructure would be assessed during the project to review its capacity to accommodate growth and density, but noted that specific information would require assistance of staff from the Public Works Department. Councilmember Anderson stated he would like to assure the public that there would be opportunity for further input during the project, noting there had been an exhaustive process that lead to the current status of the agreement. He discussed specific guidelines that he affirmed had not yet been decided upon, but would be discussed in the future. He said he looked forward to the project as it would further enforce the viability, liability, and vibrancy of the Heritage District. 3 A MOTION was made by Councilmember Anderson, seconded by Vice Mayor Cook, to approve Item 2A; adding that the email of Sandra Reynolds be added to the public record. Motion carried 7-0. Resolution No. 4052 was adopted. 3. CONTRACT – consider approval of: a) Professional Consulting Services Contract No. 319001116 with Speedie and Associates in an amount not to exceed $51,250 for the review and revisions to Maricopa Area Governments (MAG) Supplemental Specifications and authorize the Mayor to execute the required documents; b) a Contingency Transfer from the Roadway and Maintenance Contingency Fund in FY2019 in the amount of $51,250; and c) a Contingency Transfer from the Roadway and Maintenance Contingency Fund in FY2020 in the amount of $51,250. This item was approved with the Consent Calendar vote. 3A. CONTRACT – consider approval of: a) Construction Management Services Contract No. 319001160 with Kenew, LLC in an amount not to exceed $13,445 for the emergency repairs of a 30" reclaimed water main, Project No. WW1232, and authorize the Mayor to execute the required documents; b) Task Order No. 021 to Job Order Contract (JOC) No. 319000402 with B&F Contracting Inc. in an amount not to exceed $161,661.08 for Reclaimed Water Main repair and related construction services, Project No. WW1232, and authorize the Mayor to execute the required documents; c) a Contingency Transfer from the Wastewater Replacement Fund in the amount of $181,110 in FY2019; and d) a Contingency Transfer from the Wastewater Replacement Fund in the amount of $181,110 in FY2020. This item was approved with the Consent Calendar vote. 4. CONTRACT – consider approval of the following Cooperative Purchase Agreements in an amount not to exceed $2,163,100 for water/wastewater treatment chemicals and authorize the Mayor to execute the required documents for: a) Cooperative Purchase Agreement No. 319001060 with Hill Brothers Chemical Company utilizing City of Chandler Cooperative Purchasing Contract No. WA8-885-3868; b) Cooperative Purchase Agreement No. 319001117 with Solenis LLC (formerly BASF Corporation) utilizing City of Chandler Cooperative Purchasing Contract No. WA8-885-3868; 4 c) Cooperative Purchase Agreement No. 319001118 with Thatcher Chemical Company utilizing City of Mesa Cooperative Purchasing Contract No. 2017128; and d) Cooperative Purchase Agreement No. 319001129 with Thatcher Chemical Company utilizing Omnia Partners (NIPA) Cooperative Purchasing Contract No. 150063. This item was approved with the Consent Calendar vote. 5. CONTRACT – consider approval of a Cooperative Purchase Agreement No. 319001077 with WESCO Distribution doing business as (DBA) Brown Wholesale utilizing Maricopa County Cooperative Purchasing Contract No. 180249-C in an amount not to exceed $100,000 annually for street light poles and traffic signal supplies with a term beginning July 1, 2019 and renewing automatically every year coterminous with the Maricopa County contract and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 6. CHANGE ORDER – consider approval of and authorize the Mayor to execute the required documents for: a) Change Order No. 1 to Contract No. 319000530 (Eden No. 2018-2106-0323) with Overland Pacific and Cutler increasing the contract amount by $35,288.54 for Germann Road improvements from Mustang Road to Val Vista Road, Project No. ST1450 and b) Change Order No. 1 to Contract No. 319000796 (Eden No. 2018-2106-0193) with Overland Pacific and Cutler increasing the contract amount by $14,910.58 for Lindsay Road improvements from Pecos Road to SR202, Project No. ST1170. This item was approved with the Consent Calendar vote. 7. BUDGET – consider approval of a Contingency Transfer from the Special Revenue contingency fund utilizing Local Transportation Assistance Funding (LTAF) as the designated revenue source in the amount of $96,700 for Regional Transportation Services. This item was approved with the Consent Calendar vote. 8. BUDGET – consider approval of a Contingency Transfer from the General Fund in the amount of $390,000 for Public Safety Personnel Retirement System (PSPRS) Tier 1b DROP contribution refund and interest payments. This item was approved with the Consent Calendar vote. 9. ABANDONMENT - consider adoption of a Resolution of abandonment for approximately 3,666 square feet of Public Utility Easement located in the Copper Bend subdivision near the intersection of 172nd Street and Hunt Highway. 5 This item was approved with the Consent Calendar vote. Resolution No. 4053 was adopted. 10. FINAL PLAT S17-1008 - consider approval of the final plat for Mosaic at Layton Lakes located on the southwest corner of Lindsay Road and Layton Lakes Boulevard. This item was approved with the Consent Calendar vote. 11. FINAL PLAT S1814 - consider approval of the final plat for Bellamy located at the southeast corner of Greenfield Road and Germann Road. This item was approved with the Consent Calendar vote. 12. FINAL PLAT SP1685 - consider approval of the final plat for Gilbert and Warner Town Center located at the southeast corner of Warner Road and Gilbert Road. This item was approved with the Consent Calendar vote. 13. BOARDS AND COMMISSIONS – consider: a) removal of Jolean Fleck from the Town of Gilbert Judicial Selection Committee; and b) appointment of a member to the Town of Gilbert Judicial Selection Committee. This item was approved with the Consent Calendar vote. Organization Development Manager Nathan Williams was appointed to serve on the Gilbert Judicial Selection Committee. 14. MINUTES – consider approval of the minutes of Study Session of April 18, 2019, Special Meeting of April 18, 2019 and Regular Meeting of April 18, 2019. This item was approved with the Consent Calendar vote. PUBLIC HEARING Mayor Jenn Daniels opened the public hearing for Items 15, 16, 17, 18, 19 and 21. No one wished to speak and Mayor Jenn Daniels closed the public hearing. A MOTION was made by Vice Mayor Cook, seconded by Councilmember Anderson, to approve Public Hearing Items 15, 16, 17, 18, 19 and 21. Motion carried 7-0. 15. LIQUOR LICENSE – conduct hearing and consider approval of a Series 7 Beer and Wine Liquor License for Postino Winecafe located at 302 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 6 Liquor License for Alamo Drafthouse Cinema located at 5478 South Power 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 Carabbas Italian Grill #5310 located at 2709 South Market Street. This item was approved with the Public Hearing Vote. 18. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for Dog Haus located at 2224 East Williams Field Road, Suite 107. This item was approved with the Public Hearing Vote. 19. PROPERTY ACQUISITION – conduct hearing and consider approving the acquisition of right-of-way and easement on Parcel No. 304-55-016J for the Germann Road - Gilbert Road to Val Vista Road Improvements, Project No. ST1450. This item was approved with the Public Hearing Vote. 20. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS – conduct hearing and consider authorizing the Mayor or her designee to execute and submit the Town of Gilbert FY2020 Annual Action Plan for Community Development Block Grant (CDBG) Activities to the United States Department of Housing and Urban Development (HUD). Councilmember Taylor noted he had previously expressed opposition on the item and wanted to vote separately. Councilmember Yentes stated though she had some concerns, she supported the overall package. She discussed requirements of the United States Department of Housing and Urban Development (HUD) regarding regulations for affordability of development and housing. She stated it may be beneficial for the Town to include some of its efforts to “roll back some of those land uses” in the Land Development Code (LDC), as the LCD was currently being reviewed and rewritten. Mayor Daniels asked Town Manager Patrick Banger to carry that information forward as the Town prepares the applications. A MOTION was made by Vice Mayor Cook, seconded by Councilmember Peterson, to approve Public Hearing Item No. 20. Motion carried 6-1; with Councilmember Taylor casting the dissenting vote. 21. 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 VI Offenses against Public Authority, by amending Section 42-179 Interfering with a Police Officer, and Enacting Section 42-180 Refusal to Provide True Full 7 Name or Proof of Identification when Lawfully Detained; related to the preservation of Public peace, health and safety. This item was approved with the Public Hearing Vote. Ordinance No. 2710 was adopted. ADMINISTRATIVE ITEMS 22.BOARDS AND COMMISSIONS – consider adoption of a Resolution creating a 2020 Census Complete Count Committee. A MOTION was made by Councilmember Peterson, seconded by Councilmember Taylor, to approve Item 22. Motion carried 7-0. Resolution No. 4054 was adopted. 23. 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) Judicial Review Committee h) Mayor’s Youth Advisory Committee i) Parks and Recreation Board j) Planning Commission k) Redevelopment Commission l) Town of Gilbert, AZ Public Facilities MPC m) Town of Gilbert, AZ Water Resources MPC n) Town of Gilbert, AZ Self-Insured Trust Fund for Health Benefits o) Utility Board POLICY ITEMS None. FUTURE MEETINGS Requested Agenda Items and Projected Meeting Dates: 6/6/2019 - Allow Development Services to increase the credit card fee to up to 4%. Contact K. Mieras (J. Ray, A. Yentes, E. Cook) There was no discussion. COMMUNICATIONS Report from the TOWN MANAGER on current events. 8 Town Manager Patrick Banger stated Gilbert was rated the 6th Healthiest Valley Employer in the mid-size category by the Phoenix Business Journal, moving up from 9th place last year. He stated Gilbert also received the Platinum Level Award for Healthiest Arizona Worksite Program, moving up from the Gold level last year. Report from the COUNCIL on current events. Councilmember Taylor noted the upcoming graduation season, congratulated this year’s graduates, and asked them to be safe and smart in their celebrations. Report from the MAYOR on current events. Mayor Daniels wished Vice Mayor Eddie Cook a happy belated birthday. ADJOURN Mayor Daniels adjourned meeting at 8:03 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 16th day of May, 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 9