Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF THURSDAY, SEPTEMBER 05, 2019 AT 6:30 PM, MUNICIPAL CENTER I, 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, Town Attorney Christopher Payne, Deputy Town Attorney John Baird, and Budget Analyst Justin Romney AGENDA ITEM CALL TO ORDER Mayor Daniels called the meeting to order at 6:36 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Ray introduced the scouts in attendance who led the Pledge of Allegiance and introduced themselves. Pastor Tom Carlini of Life Link Church gave the invocation. ROLL CALL Town Clerk Lisa Maxwell called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS 1A. PROCLAMATION - Proclamation declaring September as National Suicide Prevention Month. Mayor Daniels read a proclamation declaring September as National Suicide Prevention Month. She presented the proclamation to Sam Clark of Whole Sam Designs, creator of the “Believe in Life” t-shirt design, and Robin Van Kirk, organizer of the World Suicide Prevention Day Candlelight Vigil at the Gilbert Water Tower Plaza on September 10, 2019 at 8:00 p.m. COMMUNICATIONS FROM CITIZENS None. 1 CONSENT CALENDAR A MOTION was made by Vice Mayor Cook, seconded by Councilmember Anderson, to approve Consent Items 2, 3, 4, 5, 6A, 7, 8, 9, 10, 11, 12, 13, 13A, 14, and 15; remove Item 1, 6 and 6B from the Consent Calendar; add Item 6B to the Public Hearing; add Item 23 to the Consent Calendar, appointing Mary Dellai and Lindy Mitchell to the Gilbert Self-Insured Trust Fund for Health Insurance Benefits, with terms beginning October 1, 2019 and ending September 30, 2022; and add Item 24 to the Consent Calendar, appointing Jan Simon, Scott September, and Noah Mundt to the Planning Commission as regular members, with terms beginning September 30, 2019 and ending September 29, 2023 and appointing Philip Alibrandi and Nathan Mackin to the Planning Commission as alternate members, with terms beginning September 30, 2019 and ending September 29, 2020. Motion carried 7-0. 1. INTERGOVERNMENTAL AGREEMENT/AGREEMENT – consider approval of and authorize the Mayor or her designee to execute the required documents for: a) Amendment No. 3 to Intergovernmental Agreement No. 2016-5501-0369 with Maricopa County HOME Consortium to utilize HOME Investment Partnership Funds in an amount not to exceed $250,358.50; and b) Developer Agreement Contract No. 319001038 with the Affordable Rental Movement of Save the Family Foundation of Arizona to administer use of the HOME funds utilizing $250,358.50 of the 2019 HOME Investment Partnership Funds. Councilmember Taylor spoke against the item due its scope and timing. A MOTION was made by Vice Mayor Cook, seconded by Councilmember Peterson, to approve Item 1. Motion carried 5-2, with Councilmembers Taylor and Yentes casting the dissenting votes. 2. INTERGOVERNMENTAL AGREEMENT – consider approval of Intergovernmental Agreement No. 320000072 with the United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives for participation in the Accelerant Detection Canine Program and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 3. INTERGOVERNMENTAL AGREEMENT – consider approval of Intergovernmental Agreement Contract No. 319001086 from Fort McDowell Yavapai Nation for the Town of Gilbert Native American Management Internship program in the amount of $20,000 from a 12% gaming contributions grant. This item was approved with the Consent Calendar vote. 2 4. AGREEMENT – consider approval of Amendment No. 3 to Regional Emergency Medical Transportation Service Agreement No. 2016-3002-0025 with American Medical Response of Maricopa, LLC to extend ambulance transportation services through December 8, 2019 and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 5. AGREEMENT – consider approval of Amendment No. 3 to License Agreement No. 2009- 1002-0161 with Zayo Fiber Solutions, LLC to allow for an expanded fiber route within certain Town rights-of-way and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 6. AGREEMENT – consider approval of Agreement No. 320000087 with Greater Phoenix Economic Council (GPEC) in an amount not to exceed $123,912 for the regional economic development program and authorize the Mayor to execute the required documents. Councilmember Yentes asked for a separate vote due to a “moral issue”. A MOTION was made by Vice Mayor Cook, seconded by Councilmember Ray, to approve Item 6. Motion carried 5-2, with Councilmembers Taylor and Yentes casting the dissenting votes. 6A. AGREEMENT – consider approval of a Amendment No. 1 to Purchase Agreement and Escrow Instructions Contract No. 2018-1001-0284 with Desert Vista, LLC approving the form of a Development Agreement and a Wall Maintenance Easement Agreement and authorizing the Town Manager to take all actions necessary to carry out the Purchase Agreement and Escrow Instructions as amended and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 6B. DEVELOPMENT AGREEMENT – consider adoption of a Resolution approving a Development Agreement and associated Wall Maintenance Easement Agreement with Desert Vista 100, LLC for infrastructure improvements in the Stratford subdivision located at the southwest corner of Greenfield Road and Germann Road and authorize the Mayor to execute the required documents. This item was approved with the Public Hearing vote. Resolution No. 4077 was adopted. 7. CONTRACT – consider approval of Construction Services Contract No. 319001221 with Archer Western, LLC in an amount not to exceed $1,089,212 for Chandler Heights Reclaimed Water Line, Project No. WW0950, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 3 8. CONTRACT – consider: a) approval of the purchase of fifteen (15) vehicles pursuant to Cooperative Purchase Agreement No. 319000685 with Midway Chevrolet in an amount not to exceed $662,225 including taxes and authorize the Mayor to execute the required documents; b) approval of the purchase of sixteen (16) pursuant to Cooperative Purchase Agreement No. 319000038 with San Tan Ford in an amount not to exceed $465,063 including taxes and authorize the Mayor to execute the required documents; and c) Contingency Transfer from the Water Replacement Fund in the amount of $1,340. This item was approved with the Consent Calendar vote. 9. CONTRACT – consider approval of expenditures under Contract No. 319000053 with Motorola Solutions in an amount not to exceed $177,400 for the purchase Public Safety two-way Radios and associated equipment and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 10. CONTRACT – consider approval of a Cooperative Purchase Agreement No. 320000047 with Superior Supply, Inc. utilizing State of Arizona Cooperative Agreement No. ADOT19- 209983 in an amount not to exceed $160,000 for the purchase of purchase asphalt crack sealing compound material and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 11. CONTRACT – consider approval of a Cooperative Purchase Agreement No. 320000039 with Precision Concrete Cutting Inc. utilizing City of Maricopa Cooperative Purchasing Contract No. CON-17-46 in an amount not to exceed $200,000 for concrete cutting services and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 12. CONTRACT – consider approval of Task Order No. 3 to Job Order Contract (JOC) Contract No. 319001049 with Talis Construction in an amount not to exceed $700,000 for minor concrete and asphalt repairs and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 13. CHANGE ORDER – consider approval of: a) Change Order No. 1 to Job Order No. 21 to Job Order Contract No. 319000402 with B&F Contracting, Inc. increasing the contract amount by $70,066.40 for construction services 4 for 30" Reclaimed Water Main Repair - Santan Village Parkway, Project No. WW1232, and authorize the Mayor to execute the required documents; b) Change Order No. 1 to Contract No. 319001160 with Kenew, LLC increasing the contract amount by $4,795.50 for construction management services for 30" Reclaimed Water Main Repair - Santan Village Parkway, 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 $21,730; and d) a Contingency Transfer from the Water Replacement Fund in the amount of $56,270. This item was approved with the Consent Calendar vote. 13A. COUNCIL ADMINISTRATION – consider adoption of a Resolution designating Håkon Johanson, Director of Finance and Management Services, as the Chief Fiscal Officer designated to officially submit the Expenditure Limitation Report to the office of the Arizona Auditor Generals. This item was approved with the Consent Calendar vote. Resolution No. 4078 was adopted. 14. FINAL PLAT DR18-191- consider approval of the final plat for Residences at Santan Village located south and west of the southwest corner of Santan Village Parkway and Ray Road. This item was approved with the Consent Calendar vote. 15. MINUTES – consider approval of the minutes of the Regular Meeting of August 15, 2019. This item was approved with the Consent Calendar vote. PUBLIC HEARING Mayor Jenn Daniels opened the public hearing for Items 6B, 16, 17, 18, 19, 20, and 21. No one wished to speak, and Mayor Jenn Daniels closed the public hearing. A MOTION was made by Vice Mayor Cook to approve public hearing Items 6B, 16, 17, 18, 19, 20, and 21, with a modification to Item 19, Section 5B, to read “Developer shall construct the required off-site improvements to 156th Street / Coronado Road adjacent to the Property. Unless other stated in a development agreement with the Town of Gilbert, construction of off-site improvements to 156th Street / Coronado Road adjacent to the Property shall be completed prior to issuance of a certificate of occupancy or final approval of any building constructed on the Property or at the time requested by Gilbert, whichever is earliest”. 5 Deputy Town Attorney John Baird stated the modification read of Item 19, Section 5B, was to integrate Items 6B and 19. Vice Mayor Cook asked if Item 19 needed to be voted on before Item 6B. Town Attorney Chris Payne confirmed that one vote for both items would suffice. Mayor Daniels called for a vote on Items 6B, 16, 17, 18, 19, 20, and 21. Motion carried 7- 0. 16. LIQUOR LICENSE – conduct hearing and consider approval of a Series 7 Beer and Wine Liquor License for Palace Nails and Spa located at 5052 South Power Road, Suite 103. 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 Famous Dave's located at 2206 East Williams Field Road, Suite 101. 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 Gecko Grill located at 4341 East Baseline Road, Suite 101. This item was approved with the Public Hearing Vote. 19. ZONING Z19-07 - conduct hearing and consider adoption of an Ordinance to amend Ordinance No. 2658 pertaining to the Greenfield and Germann Planned Area Development (PAD) by removing from the Greenfield and Germann PAD approximately 63.5 acres of real property generally located at the southwest corner of Greenfield Road and Germann Road; creating the Stratford PAD and approving a Development Plan for the Stratford PAD; and changing the zoning classification of said real property from 63.5 acres of Town of Gilbert Single Family Residential-6 (SF-6) zoning district with the Greenfield and Germann PAD overlay district, to 63.5 acres of Town of Gilbert Single Family Detached (SF-D) zoning district with the Stratford PAD overlay district, as shown on the map, which is available for viewing in the Planning and Development Services Office; and to modify the development regulations as follows: increase the minimum lot area; increase the minimum lot width and depth; increase the minimum side yard setbacks; reduce the maximum required lot coverage; reduce the minimum front porch depth; increase maximum building height adjacent to non-residential uses (south property boundary only); revise the minimum dimensions of the arterial intersection street frontage landscape area and reduce the minimum perimeter subdivision separation fence height. The effect of the rezoning will be to allow for single family residential uses on the subject site and to modify the development regulations as described herein. This item was approved with the Public Hearing Vote. Ordinance No. 2726 was adopted. 6 20. ZONING Z19-09 - conduct hearing and consider adoption of an Ordinance to amend Ordinance Nos. 1142 and 1230 to amend the conditions of development within the Gilbert Crossroads Center Planned Area Development (PAD) for approximately 7.61 acres of real property, known as Parcel B1, generally located at the northeast corner of Santan Village Parkway and Coronado Road, and zoned Regional Commercial (RC) zoning district with a Planned Area Development (PAD) overlay as follows: modifying the conceptual land use plan to create a new sub-parcel, increasing building height, increasing density, applying commercial standards to multi-family in multi-use commercial, clarifying that the floor area ratio does not apply to multi-family residential within multi-use commercial, and clarifying that multi-family residential is allowed and included within the land use list; restating and incorporating the provisions of ordinance nos. 1142 and 1230 herein; providing for repeal of conflicting ordinances; providing for non-severability; and providing for penalties. This item was approved with the Public Hearing Vote. Ordinance No. 2727 was adopted. 21. PROPERTY ACQUISITION – conduct hearing and consider adoption of a Resolution approving the acquisition of right of way and required easements for Michelle Way and Higley Road Traffic Signal, Project No. ST1740. This item was approved with the Public Hearing Vote. Resolution No. 4079 was adopted. 22. CODE OF GILBERT - conduct hearing and consider adoption of an Ordinance amending the Code of Gilbert, Arizona, by amending Chapter 26 Elections, Section 26-6 Primary Election related to amending the Primary Election to reflect changes in the Arizona Revised Statutes. Mayor Daniels opened the public hearing for Item 22. No one wished to speak, and Mayor Daniels closed the public hearing for Item 22. A MOTION was made by Vice Mayor Cook, seconded by Councilmember Peterson, to approve Item 22. Motion carried 7-0. Ordinance No. 2728 was adopted. ADMINISTRATIVE ITEMS 23. BOARDS AND COMMISSIONS – consider appointment of two regular members to the Gilbert Self-Insured Trust Fund for Health Insurance Benefits, with terms beginning October 1, 2019 and ending September 30, 2022. This item was approved with the Consent Calendar vote. Mary Dellai and Lindy Mitchell were appointed to the Gilbert Self-Insured Trust Fund for Health Insurance Benefits, with terms beginning October 1, 2019 and ending September 30, 2022. 24. BOARDS AND COMMISSIONS – consider appointment to the Planning Commission of: a) three regular members with terms beginning September 30, 2019 and ending September 29, 2023; and 7 b) two alternate members with a term beginning September 30, 2019 and ending September 29, 2020. This item was approved with the Consent Calendar vote. Noah Mundt, Jan Simon, and Scott September were appointed to the Planning Commission as regular members, with terms beginning September 30, 2019 and ending September 29, 2023; and Philip Alibrandi and Nathan Mackin were appointed to the Planning Commission as alternate members, with terms beginning September 30, 2019 and ending September 29, 2020. 25. PRESENTATION -Presentation on the FY2018 Valley Benchmark Cities. Budget Analyst Justin Romney presented information on the FY2018 Valley Benchmark Cities (VBC) Trend Report. He summarized VBC’s goals and measures. He reported Gilbert was above the median in terms of population growth and below the median in terms of park acreage when compared to the other cities in the VBC group. 26. 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: September 2019 - Discussion regarding giving staff direction to sell the university building. Contact: ___ (J. Taylor, B. Peterson, S. Anderson) There was no discussion. 8 COMMUNICATIONS Report from the TOWN MANAGER on current events. Town Manager Patrick Banger reported after a multi-year effort focused around workforce safety, the Town hit its target of six recordable injuries per 100 employees. He said Gilbert was now in second place in the region amongst all its peer cities for the recordable injury rates. He thanked the departments, supervisors, and employees for their efforts to work safely and effectively. Report from the COUNCIL on current events. Councilmember Peterson reported that the sixty-day review period for the public draft of the Gilbert General Plan would start at the beginning of October 2019, noting the public could learn more about the 2020 General Plan update by visiting the website of www.gilbertaz.gov/generalplanupdate. Vice Mayor Cook thanked the community for its support during recent losses in his family. Report from the MAYOR on current events. Mayor Daniels reported that the Gilbert Faith Leaders’ Summit would be held on September 26, 2019, noting all faith groups were invited to participate in the discussion on the needs of the community. She stated the Town was in the process of updating its needs assessments, which included requesting input from residents on a variety of topics including bulk trash and recycling. She thanked the residents for their participation. RECESS REGULAR MEETING AND RECONVENE IN EXECUTIVE SESSION A MOTION was made by Council Peterson seconded by Vice Mayor Cook, to recess the Regular Meeting and reconvene in Executive Session: a) Pursuant to A.R.S. § 38-431.03(A)(3) and (7), legal advice from the Town Attorney and discussion and consultation with Town representatives concerning the sale of land near Ray and Greenfield Road; and b) Pursuant to A.R.S. §§ 38-431.03(A)(3), (4), and (7), legal advice from the Town Attorney and discussion and consultation with Town representatives concerning the sale of land near Gilbert and Juniper Roads. Motion carried 7-0. Mayor Daniels recessed the meeting at 7:04 p.m. ADJOURN EXECUTIVE SESSION AND RECONVENE REGULAR MEETING Mayor Jenn Daniels reconvened the meeting at 8:08 p.m. 9 ADJOURN Mayor Daniels adjourned meeting at 8:08 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 5th day of September, 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