Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF THURSDAY, AUGUST 15, 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, and Intergovernmental Relations Assistant Amy Arguilez AGENDA ITEM CALL TO ORDER Mayor Daniels called the meeting to order at 6:37 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Peterson introduced the scouts in attendance who led the Pledge of Allegiance and introduced themselves. Pastor Mike Henry of Royal View Baptist Church gave the invocation. ROLL CALL Town Clerk Lisa Maxwell called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS 1. RECOGNITION - Recognition of Campo Verde High School Boys Volleyball Team for winning the 5A State Boys Volleyball Championship. Councilmember Ray recognized the Campo Verde High School Boys Volleyball Team for winning the 5A State Boys Volleyball Championship. He presented a Certificate of Congratulations to Coach Brian Hiapo and the members of the volleyball team COMMUNICATIONS FROM CITIZENS Mark DiStasi, Gilbert resident, identified himself as the Director of Donor Relations for the House of Refuge and thanked the Council for supporting the organization. 1 Joe Geusic, Gilbert resident, shared historical photographs of the Gilbert Water Tower. He spoke of the painting and lighting of the Water Tower, noting other landmarks around the world. He said he did not want the Tower to be a symbol that divided the community. CONSENT CALENDAR A MOTION was made by Vice Mayor Cook, seconded by Councilmember Peterson, to approve Consent Items 2, 3, 4, 5, 6, 7, 8, 9, 10, 10B, 10C, 11, 11A, 12, and 13; amend Item 10A to read “property sale, consider authorizing Town staff to conduct an auction on September 17, 2019 for Gilbert surplus land, Parcel No. 304-55-011R, the parcel is approximately 36.6 acres generally located south of the 202 Freeway, north of Germann Road, east of Gilbert Road, and west of Lindsay Road, the purpose of the auction is to indent the highest bidder for cash, pursuant to A.R.S. 9-403”; continue Items 19 and 20 to the September 5, 2019 Council Meeting; and add Item 22 to the Consent Calendar, appointing Marc Beasley to the Parks and Recreation Board to fill the remainder of a term beginning August 15, 2019 and ending May 12, 2021. Motion carried 7-0. 2. ANNEXATION A19-03 – consider adoption of an Ordinance annexing approximately 0.683 acres of county right-of-way along 148th Street between Chandler Heights Road and Brooks Farm Road contingent upon de-annexation by the City of Chandler and approval by the Maricopa County Board of Supervisors. This item was approved with the Consent Calendar vote. Ordinance No. 2720 was adopted. 3. INTERGOVERNMENTAL AGREEMENT – consider approval of renewal to Intergovernmental Agreement No. 320000045 with the Drug Enforcement Administration (DEA) to participate in the DEA Task Force and assign one Gilbert police officer to the Task Force for a period of not less than two years and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 4. CONTRACT– consider approval of contracts in an aggregate amount not to exceed $500,000 for pavement marking services and authorize the Mayor to execute the required documents: a) Services Agreement Contract No. 320000027 with Pavement Marking LLC with the option to renew for four (4) additional one-year terms; and b) Services Agreement Contract No. 319001142 with Franklin Striping with the option to renew for four (4) additional one-year terms. This item was approved with the Consent Calendar vote. 5. CONTRACT – consider approval of Engineering (A/E) Services Contract No. 309001098 2 with Sunrise Engineering, Inc. in an amount not to exceed $511,187 for the Tankersley Waterline Replacement Area 2, Project No. WA1310, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 6. CONTRACT – consider approval of Cooperative Purchase Agreement Job Order (JOC) Contract No. 320000017 with Yellow Jacket Drilling Services LLC utilizing City of Tucson Cooperative Purchasing Contract No. 171754-02 in an amount not to exceed $250,000 including taxes for well maintenance and repair services with a term ending June 25, 2020 with the option to renew three (3) additional one-year terms with automatic renewal coterminous with the underlying City of Tucson contract and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 7. CONTRACT – consider approval of Amendment No. 1 to Cooperative Purchase Agreement No. 319000563 with Phoenix Pumps Inc. in an amount not to exceed $75,000 including taxes for electrical repair/services to pumps, motors, and ancillary items and extending the contract for a period of two (2) years commencing September 1, 2019 and ending August 31, 2021 authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 8. CONTRACT – consider: a) approval of the purchase of twelve (12) vehicles pursuant to Cooperative Purchase Agreement No. 319000038 with San Tan Ford in an amount not to exceed $393,415 including taxes and authorize the Mayor to execute the required documents; b) authorize a Contingency Transfer from the General Replacement Fund in the amount of $43,143; and c) authorize a Contingency Transfer from the General Fund in the amount of $24,295. This item was approved with the Consent Calendar vote. 9. CONTRACT – consider approval the purchase of two (2) replacement dump trucks pursuant to Cooperative Purchase Agreement No. 319001045 with Freightliner of Arizona LLC in an amount not to exceed $269,636 including taxes and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 10. BUDGET – consider approval of a Contingency Transfer from the General Fund to Impound Fund in the amount of $103,000 for FY2019 expenses. 3 This item was approved with the Consent Calendar vote. 10A. PROPERTY SALE – consider approval and authorize the Mayor to execute the required documents to: a) declare Maricopa County Assessor Parcel No. 304-55-011R as surplus property; and b) authorize staff to advertise and post an Invitation for Bids (IFB) and conduct bid opening on September 17, 2019 at 10:30 a.m., for the parcel described above to identify the highest bidder for cash. This item was approved with the Consent Calendar vote. 10B. PROPERTY SALE – consider: a) approval of the acceptance of the bid of Advanced Acquisitions, LLC for Town property, Parcel No. 304-26-891, which contains 0.732 acres and is located west of the northwest corner of East Ray Road and South Santan Village Parkway and authorize the Mayor to execute Purchase Agreement No. 320000064; and b) authorizing the Town Manager to take all actions necessary to carry out Purchase Agreement No. 320000064 in accordance with its terms and intent. This item was approved with the Consent Calendar vote. 10C. PROPERTY SALE – consider approval and authorize the Mayor to execute the required documents to: a) declare Maricopa County Assessor Parcel No. 304-26-890 as surplus property; and b) authorize staff to advertise and Invitation for Bids (IFB) and conduct bid opening on September 3, 2019 for the parcel described above to identify the highest bidder for cash, beginning with a minimum bid of $293,000. This item was approved with the Consent Calendar vote. 11. HUMAN RESOURCES - consider confirming the appointment of John F. Phelps as a Judge Pro Tempore of the Gilbert Municipal Court. This item was approved with the Consent Calendar vote. 11A. COUNCIL ADMINISTRATION - consider approval of the Council meeting schedule for Calendar Year 2020. This item was approved with the Consent Calendar vote. 12. FEES – consider adoption of a Resolution for a 4.00% credit card service/surcharge fee 4 related to credit card transactions for Planning, Business License, Building Safety and Code Compliance, Engineering and Fire Permit, Plan Review and Inspection fees. This item was approved with the Consent Calendar vote. Resolution No. 4074 was adopted. 13. MINUTES – consider approval of the minutes of the Special and Regular meetings of August 1, 2019. This item was approved with the Consent Calendar vote. PUBLIC HEARING Mayor Jenn Daniels opened the public hearing for Items 14, 14A, 15, 16, 16A, 16B, 17, 18, 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 Ray, to approve Public Hearing Items 14, 14A, 15, 16, 16A, 16B, 17, 18, and 21. Motion carried 7-0. 14. 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. 14A. LIQUOR LICENSE – conduct hearing and consider approval of a Series 7 Beer and Wine Liquor License for Clovr Life Spa located at 2524 South Santan Village Parkway, Suite 101. This item was approved with the Public Hearing Vote. 15. ANNEXATION A19-01 - conduct hearing on the proposed annexation of approximately 3.08 acres located at the southwest corner of Lindsay Road and Lexington Street. This item was approved with the Public Hearing Vote. 16. GENERAL PLAN GP19-01/ZONING Z19-05 – conduct hearing and consider: a) adoption of a Resolution approving a Minor General Plan Amendment to change the land use classification of approximately 10.32 acres generally located south of the southeast corner of Gilbert Rd. and Civic Center Dr. from General Office (GO) and Neighborhood Office (NO) to Residential > 14 – 25 DU/Acre land use classification. b) approval of the findings and adoption of an Ordinance for Watermark at Gilbert Town Square rezoning approximately 10.32 acres of real property generally located south of the southeast corner of Gilbert Rd. and Civic Center Dr. from General Office (GO) zoning district 5 and Neighborhood Office Zoning District to Multi-Family/Medium (MF/M) zoning district with a Planned Area Development (PAD) overlay. This item was approved with the Public Hearing Vote. Resolution No. 4075 and Ordinance No. 2721 were adopted. 16A. ZONING Z19-02 – conduct hearing and consider adoption of an Ordinance amending the Town of Gilbert Land Development Code, Chapter 1 Zoning Regulations, Division 4 General Regulations, Article 4.4 Sign Regulations, Sections 4.405 Sign Plans and Sign Program, Section 4.406 Review of Sign Applications for Permanent Signs, Section 4.408 Temporary Signs, Section 4.409 Permanent Signs, Section 4.4013 Heritage Village Center Zoning District, Division 5 Administration, Article 5.6 Design Review, Section 5.601 Purpose and Applicability, and Section 5.602 Procedures and Responsibility, related to signs within the Gateway Village Center and Gateway Business Center Zoning Districts. This item was approved with the Public Hearing Vote. Ordinance No. 2722 was adopted. 16B. ZONING Z19-03 – conduct hearing and consider adoption of an Ordinance amending the Town of Gilbert Land Development Code, Chapter 1 Zoning Regulations, Division 1 General Provision, Division 2 Land Use Designations, Article 2.2 Multi-Family Residential Districts, Section 2.202 Multi-Family Residential Districts, Section 2.204 Site Development Regulation, Table 2.204 Site Development Regulations Multi-Family Residential Districts, Article 2.9 Use Regulations, Section 2.902 Use Regulations, Table 2.902 Use Regulations, related to the creation of a new multi-family high zoning district. This item was approved with the Public Hearing Vote. Ordinance No. 2723 was adopted. 17. PROPERTY ACQUISITION – conduct hearing and consider adoption of a Resolution approving the acquisition of right-of-way and required easements for Cooper Road and Elliot Road Intersection, Project No. ST1380. This item was approved with the Public Hearing Vote. Resolution No. 4076 was adopted. 18. CODE OF GILBERT - conduct hearing and consider adoption of an Ordinance amending the Code of Gilbert, Arizona, by amending Chapter 10 Buildings and Construction Regulations, Article VI Public Works, Section 10-202 Adoption of Town of Gilbert's Public Works and Engineering Standards, the Supplement to MAG Uniform Standard Details for Public Works Construction and the Supplement to MAG Uniform Standard Specifications for Public Works Construction related to standards of Public Works construction in the Town. This item was approved with the Public Hearing Vote. Ordinance No. 2724 was adopted. 19. CONTRACT – conduct hearing and consider rejection of the bid protest submitted by Thompson’s Auto Repair & Towing for Request for Proposal No. 319001014, Police Motor Vehicle Towing Services, and authorize the Mayor to execute the required documents. 6 This item was continued to September 5, 2019 20. CONTRACT – consider approval of the following contracts for the Gilbert Police Motor Vehicle Towing Services for a term of three (3) years commencing on September 1, 2019 and terminating on August 31, 2022 with the option to renew for two (2) additional one- year terms and authorize the Mayor to execute the required documents: a) Contract No. 319001014 with ACT Towing LLC doing business as (dba) All City Towing; b) Contract No. 320000029 with Apache Sands Towing; c) Contract No. 320000030 with Priority Towing LLC; and d) Contract No. 320000031 with Thompson Diversified LLC doing business as (dba) Valley Express Towing and Auto Repair. This item was continued to September 5, 2019 21. PARKWAY IMPROVEMENT DISTRICT – consider finding no written notices objecting to the acts of proceeding were filed with Gilbert pursuant to A.R.S. 48-584 (E) within 15 days of the publication of the notice of award of the contract for FY2020 improvements in Parkway Improvement District (PKID)07-02 and authorize the Mayor to execute the required documents as follows: a) Contract No. 319001088 This item was approved with the Public Hearing Vote. ADMINISTRATIVE ITEMS 22. BOARDS AND COMMISSIONS – consider appointment of one regular member to the Parks and Recreation Board to fill the remainder of a term beginning August 15, 2019 and ending May 12, 2021. This item was approved with the Consent Calendar vote. Marc Beasley was appointed to the Parks and Recreation Board to fill the remainder of a term beginning August 15, 2019 and ending May 12, 2021. 23. COUNCIL ADMINISTRATION - discussion on the League of Arizona Cities and Towns 2020 Proposed Resolutions for the purpose of representing the Town at the League of Arizona Cities and Towns Resolutions Committee at the Annual Conference. Mayor Daniels stated the Council had previously reviewed the proposed resolutions in the agenda packet, adding she would be acting as the Resolutions Chair at the League of Arizona Cities and Towns Annual Conference. She asked the Council if there were any questions or concerns regarding the proposed resolutions. 7 There was discussion regarding Budget, Finance, and Economic Development (BFED) Resolution No. 1. Vice Mayor Cook stated though he fully understood what the intent was, he was not a supporter of the proposed resolution and more research should be done. Mayor Daniels spoke of the Town of Superior’s reason for the proposal and how the tax code created an incentive for someone to allow a piece of property to fall into disrepair, which could greatly affect rural communities in a negative way. Councilmember Anderson spoke of Neighborhoods, Sustainability, and Quality of Life (NSQL) Resolution No. 1 which would add more local control of short-term rentals, stating it would help rural communities that were greatly affected by short-term rentals. He stated he was not in support of NSQL No. 2, which would support the ratification of the Equal Rights Amendment. Councilmember Yentes stated legislation was passed last year regarding short-term rentals. She recommended a “wait and see” approach to see how the newly implemented regulations were handled by other communities and if the changes were taking care of some of the issues. She cautioned against treating those who own properties for investment purposes differently from any other residents. Mayor Daniels agreed with Councilmember Yentes’ approach. Intergovernmental Relations Assistant Amy Arguilez stated she would inform the Council of the resolutions that were passed after the League of Arizona Cities and Towns Annual Conference. 24. 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 Councilmember Peterson provided an update on the Land Development Code Subcommittee and thanked Interim Principal Planner Amy Temes for her work on the project. POLICY ITEMS 8 None. FUTURE MEETINGS Requested Agenda Items and Projected Meeting Dates: TBD - Discussion and review of lagging/leading left turn signals. Contact: J. Marlowe (E. Cook, A. Yentes, J. Taylor) September 2019 - Discussion regarding giving staff direction to sell the university building. Contact: ___ (J. Taylor, B. Peterson, S. Anderson) There was no discussion. COMMUNICATIONS Report from the TOWN MANAGER on current events. Town Manager Patrick Banger had nothing to report. Report from the COUNCIL on current events. Vice Mayor Cook stated the reason the Council was wearing purple during the meeting was to create awareness of drowning dangers in Gilbert. He shared a story regarding a recent near-drowning and commended Fire Chief Joe Jobusch, Gilbert Fire Department, and Gilbert Police Department for their efforts. He encouraged the community to never leave a child unattended in or near water. Councilmember Peterson requested that the Council take a “selfie” photograph from the dais in honor of City Hall Selfie Day. Councilmember Anderson spoke of Arizona Highways Magazine and its annual photo contest. He announced that two of the top five photographs this year were shot at the Gilbert Riparian Preserve and congratulated the finalists. Report from the MAYOR on current events. Mayor Daniels thanked the churches in Gilbert for the work they provide to the community and announced that every faith community was welcome to attend the upcoming Faith Summit. She discussed the approval of the Town Council 2020 meeting calendar, noting the Council would now hold the Regular Council meetings on Tuesday nights, rather than Thursday nights. She stated October 24, 2019 would be date of the Fall Council Retreat. She acknowledged Councilmember Yentes’ birthday and offered condolences to Vice Mayor Cook and his family. 9 ADJOURN Mayor Daniels adjourned meeting at 7:16 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 15th day of August, 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 10