Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF THURSDAY NOVEMBER 07, 2019 AT 6:30 PM, MUNICIPAL CENTER 1, COUNCIL CHAMBERS 50 E CIVIC CENTER DRIVE, GILBERT, ARIZONA COUNCIL PRESENT: Vice Mayor Eddie Cook, Councilmembers Scott Anderson, Brigette Peterson, Jordan Ray, Jared Taylor, and Aimee Yentes COUNCIL ABSENT: Mayor Jenn Daniels STAFF PRESENT: Town Manager Patrick Banger, Town Clerk Lisa Maxwell, Deputy Clerk Chaveli Herrera, Town Attorney Christopher Payne, Public Works Director Jessica Marlow AGENDA ITEM CALL TO ORDER Vice Mayor Cook called the meeting to order at 6:31 p.m. PRESENTATION OF STUDENT CITIZEN OF THE MONTH AWARD Vice Mayor Cook and the Council presented Student Citizen of the Month Awards for October to (presented alphabetically by school): Alexander Zhang, Wyatt Keltner, Rhett Lewis, Mallory Hobbs, Makenzie Lazor, Addison Potter, Marie Torre, Marra Kooima, Annaliese Johnson, Julia Ray, Olivia Romans, Tristan Hibbs, Kezia Nyarko, Macey Welsh, Anna Zehring, Enoch Gurr, Kaiden Anderson, Sophia Hunt, Kaylie Bushor, Natalie Weiss, Arianna Davis, Sailor Maher, Marley Lysdal, Liam Kabat, Michael Shapiro, Savanna Neitzel, Janie Brower, Emma Franklin, Payton Kormos, Alexander Martin, Gabrielle Ortiz, Pry’nce Millman, Lindsay Vega, Desirae Arellano, Sierra Nichole Fratella, Ivan Cabrera, Christina Garven, Everett Giddens, Aaliyah DiGuiseppe, Jake Gorrell, Ava McIntosh, Lexi Foster, Julia Carvalho, and Camryn Colvin. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Peterson introduced the scouts in attendance who led the Pledge of Allegiance and introduced themselves. Pastor Rick Oller of Sonrise Assembly of God gave the invocation. ROLL CALL Town Clerk Lisa Maxwell called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS 1 1. PROCLAMATION - Proclamation declaring the week of November 15-24, 2019 as Gilbert Days. Councilmember Anderson read a proclamation declaring the week of November 15-24, 2019 as Gilbert Days and presented the proclamation to members of the Gilbert Promotional Corporation, Secretary Paige Nelson, President Bobby Padilla, Vice President Ed Musgraves, additional members of the Board and the 2019 Rodeo Queen Tatum Lance. 2. RECOGNITION - Recognition of Zoe Johnson of Mesquite High School who will represent the Town of Gilbert in London in December 2019 for Varsity Cheer All American. Councilmember Yentes recognized Zoe Johnson of Mesquite High School for representing the Town of Gilbert in London in December 2019 for Varsity Cheer All American. 3. PRESENTATION -Presentation by the Gilbert Sister Cities Board. Gilbert Sister Cities President Greg Tilque provided an overview of the Sister Cities Sichuan International Travel Expo. He discussed a possible partnership with Leshan China, Antrim and Newtownabbey and the Town of Gilbert and provided information on the Sister Cities Garden. Councilmember Peterson thanked Mr. Tilque and Gilbert Sister Cities for their work and dedication. Mr. Tilque presented a gift from Sichuan China to Vice Mayor Cook and Councilmember Peterson. He thanked Councilmember Peterson for her dedication and support of the Gilbert Sister Cities program. COMMUNICATIONS FROM CITIZENS None. CONSENT CALENDAR A MOTION was made by Councilmember Ray, seconded by Councilmember Peterson, to approve Consent Items 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21; remove Item 11 from the Consent Calendar; and add Item 30 to the Consent Calendar, appointing Shane Cook and Ken Starks to the Public Facilities Municipal Property Corporation with terms beginning January 2, 2020 and ending January 1, 2023. Motion carried 6-0. 4. AGREEMENT – consider approval of License Agreement No. 320000172 with Bonneville Communications Corporation for the use a portion of Town owned property for the placement of fundraising vending machines to benefit charitable organizations commencing on November 17, 2019 and terminating on January 3, 2020 and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 5. AGREEMENT – consider adoption of a Resolution approving Solar Participation Agreement No. 320000170 with Salt River Project Agricultural Improvement and Power 2 District (SRP) allowing for the purchase of up to 2.5-Megawatts of solar power as part of the SRP Sustainable Energy Offering for a period of fifteen (15) years; authorize the Mayor to execute the required documents; and authorize the Town Manager to take all actions necessary to carry out the Solar Participation Agreement with its respective terms and intent. This item was approved with the Consent Calendar vote. Resolution No. 4101 was adopted. 6. CONTRACT– consider approval of the guaranteed maximum price (GMP) No. 4 to Construction Manager at Risk (CM@R) Construction Services Contract No. 319000729 with Hunter Contracting Co. in an amount not to exceed $316,592 for the Desert Sky Park - Phase 1, Project No. PR0320, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 7.CONTRACT– consider approval of the guaranteed maximum price (GMP) No. 2 to Contract No. 319000845 with Haydon Corporation in an amount not to exceed $8,996,960.81 for the Lindsay Road Traffic Interchange Utility Relocation - Phase 2, Project No. ST1580, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 8. CONTRACT – consider: a) approval of Engineering Services Contract No. 320000146 with Kimley Horn and Associates Inc., in an amount not to exceed $237,477 for the 16” Power Road Water System Loop, Project No. WA1544, and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the Water Fund in the amount of $470,000. This item was approved with the Consent Calendar vote. 9. CONTRACT – consider approval of expenditures under Contract No. 319000251 with CenturyLink Communications LLC in an amount not to exceed $230,000 for telecommunication carrier services in FY 2020 and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 10. CONTRACT – consider: a) approval of a Cooperative Purchase Agreement No. 320000145 with Dell SecureWorks utilizing State of Arizona Cooperative Purchasing Contract No. ADSP016- 127393; and 3  b) approval of the purchase of a security information event management solution and security operations center pursuant to Cooperative Purchase Agreement No. 320000145 with Dell SecureWorks in an amount not to exceed $99,930 and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 11. CONTRACT – consider approval of Judicial Services Contract No. 320000171 with Alison R. Ferrante in the amount of $160,512.03 per year to serve as a Municipal Judge for a term of two (2) years beginning December 2, 2019 and authorize the Mayor to execute the required documents. Vice Mayor Cook and Presiding Judge David Cutchen recognized new Judge Alison R. Ferrante. A MOTION was made by Councilmember Ray, seconded by Councilmember Peterson, to approve Item 11. Motion carried 6-0. 12. CONTRACT – consider approval of and authorize the Mayor to execute the required documents for: a) renewal of Job Order Contract (JOC) Contract No. 319000885 with MGC Contractors, Inc. in an amount not to exceed $3,000,000 for a term beginning July 1, 2019 and ending May 31, 2020; and b) Job Order No. 2 to Job Order Contract (JOC) Contract No. 319000885 with MGC Contractors, Inc. in an amount not to exceed $670,859.29 for the addition of finished water pump #10 and a variable frequency drive (VFD) for finished water pump #7 at the North Water Treatment Plant, Project No. WA1070 and No. WA1080. Item 12B was approved with the Consent Calendar vote. (Item 12A was previously approved) 13. CHANGE ORDER – consider approval of Change Order No. 2 to Contract No. 319000332 (EDEN No. 2018-3002-0115) with Pierce Manufacturing, Inc. increasing the contract amount by $2,271,000 for the purchase of one (1) replacement fire pumper and one (1) replacement aerial fire platform ladder and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 14. CHANGE ORDER – consider: a) approval of Change Order No. 1 to Contract No. 320000094 with Lokahi, LLC increasing the contract amount by $71,165.23 for Interim Town Traffic Engineering professional services and authorize the Mayor to execute the required documents; and 4  b) a Contingency Transfer from the General Fund in the amount of $72,000. This item was approved with the Consent Calendar vote. 15. PROPERTY SALE - consider: a) approval of the acceptance of the bid of Dennis Ray for Town property which contains approximately 9,908 square feet and is located north of the northeast corner of Recker and Ray Roads and authorize the Mayor to execute Purchase Agreement No. 320000124; and b) authorizing the Town Manager to take all actions necessary to carry out Purchase Agreement No. 320000124 in accordance with its terms and intent. This item was approved with the Consent Calendar vote. 16. GRANT – consider application and acceptance of a grant, Contract No. 320000150, from the Arizona Automobile Theft Authority (AATA) Community Programs to reduce, deter and eliminate auto theft and other crimes in the amount not to exceed $8,000. This item was approved with the Consent Calendar vote. 17. BUDGET – consider approval of a Contingency Transfer from the Environmental Services - Residential Fund in the amount of $670,000 for Residential Recycle Disposal Fees. This item was approved with the Consent Calendar vote. 18. BUDGET – consider: a) approval of the closeout of the Park System Development Fee (SDF) Internal Loan; and b) a contribution of $7,500,000 to the Public Safety Personnel Retirement System (PSPRS) to reduce unfunded liability. This item was approved with the Consent Calendar vote. 19. FINAL PLAT SS620- consider approval of the final plat for a Minor Subdivision of Sonoratown - Block 1 Lots 1-7 and Block 2 Lots 1-13 located west of the southwest corner of Gilbert and Warner Roads. This item was approved with the Consent Calendar vote. 20. FINAL PLAT DR19-26 - consider approval of the final plat for VJ Baseline Shell Building located east of the southeast corner of McQueen and Baseline Roads. This item was approved with the Consent Calendar vote. 5 21. MINUTES – consider approval of the minutes of the Regular Meeting and Special Meeting of October 17, 2019 and the Council Retreat and Special Meeting of October 24, 2019. This item was approved with the Consent Calendar vote. PUBLIC HEARING Vice Mayor Cook opened the public hearing for Items 22, 23, 24, 25, and 26. No one wished to speak, and Vice Mayor Cook closed the public hearing. A MOTION was made by Councilmember Peterson, seconded by Councilmember Ray, to approve public hearing Items 22, 23, 24, 25, and 26. Motion carried 6-0. 22. LIQUOR LICENSE – conduct hearing and consider approval of a Series 6 Bar Liquor License for Level 1 Arcade Bar located at 60 West Vaughn Avenue, Suite 107-108. This item was approved with the Public Hearing Vote. 23. LIQUOR LICENSE – conduct hearing and consider approval of a Series 10 Beer and Wine Store Liquor License for Tom's Family Car Wash located at 5230 South Power Road. This item was approved with the Public Hearing Vote. 24. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for Shake Shack #1297 located at 2024 East Williams Field Road. This item was approved with the Public Hearing Vote. 25. PROPERTY ACQUISITION – conduct hearing and consider adoption of a Resolution approving the acquisition of easements for the Gilbert Regional Park, Project No. PR0310. This item was approved with the Public Hearing Vote. Resolution No. 4102 was adopted. 26. CODE OF GILBERT - conduct hearing and consider adoption of an Ordinance amending the Code of Gilbert, Arizona, by amending Chapter 2 Administration, Article III Departments, Division 1 Generally, Section 2-133 Duties of Departments related to arson investigators. This item was approved with the Public Hearing Vote. Ordinance No. 2738 was adopted. 27. 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 II, Technical Codes, Section 10-31 Adoption of Building Code, Section 10-32 Adoption of Electrical Code, Section 10-33 Adoption of Mechanical Code, Section 10-34 Adoption of Plumbing Code, Section 10-35 Adoption of Fuel Gas Code, Section 10- 6 36 Adoption of Energy Conservation Code, Section 10-37 Adoption of Fire Code, Section 10-38 Adoption of Enforced Removal or Abatement of Prohibited Conditions Code, Section 10-39 Adoption Arizonans With Disabilities Act and Implementing Rules, Section 10-40 Adoption of Green Conservation Code, Section 10-50 Enforcement; Violations of Technical Codes; Penalties; by adopting by reference the 2018 International Building Code, the 2018 International Residential Code, the 2017 National Electrical Code; the 2018 International Mechanical Code, the 2018 International Plumbing Code, the 2018 International Fuel Gas Code, the 2018 International Energy Conservation Code, the 2018 International Fire Code, and the 2018 Green Construction Code as a voluntary code, all as amended by the Code Of Gilbert relating to the regulation of buildings within the Town. Vice Mayor Cook opened the public hearing on Item 27. Councilmember Ray reported there was one speaker card from Kathy Tilque, President of the Gilbert Chambers of Commerce, who did not wish to speak but indicated her support of the item. Councilmember Taylor stated he was in support of the item and acknowledged the work of staff on the Building Code update and informed Council that there was no need to continue the subcommittee. Town Attorney Chris Payne confirmed that no formal action would be needed to discontinue the subcommittee. Councilmember Peterson thanked the committee, staff and residents involved in updating the Building Codes. Councilmember Anderson and Councilmember Yentes thanked Plan Review Inspection Manager Larry Taylor and his team for their hard work. Vice Mayor Cook closed the public hearing on Item 27. A MOTION was made by Councilmember Taylor, seconded by Councilmember Anderson to approve Public Hearing Item 27. Motion carried 6-0. Ordinance No. 2739 was adopted. ADMINISTRATIVE ITEMS 28. PRESENTATION - Presentation on Left Turn Arrow Conversion results. Public Works Director Jessica Marlow introduced Jamie Blakeman with Lokahi Engineering and Scott Kelley with Greenlight Traffic Engineering. Ms. Blakeman provided background information on the project and the history of lagging and leading left turns within the Town. She discussed travel time reduction and intersection safety and elaborated on the data collected and future projections. She provided details on the Town-wide conversation to leading left turn intersections and the evaluation of safety and efficiency. She provided details on the chosen areas of study. Scott Kelley discussed the data approach and analyzation of intersection crashes and travel times. He elaborated on the data sources utilized through the Arizona Department of Transportation (ADOT) crash data system. He provided additional details on the corridors that were part of the study and intersection crash reduction and reductions and increases in travel time efficiency. He discussed the optimization program, funding, and data driven 7 economic analysis. Ms. Blakeman further elaborated on the increase in safety and the reduction of crashes, commuter time savings and the cost benefit analysis. Councilmember Taylor discussed causal and correlation data and the information being presented. Mr. Kelley provided information on the safety data used and addressed the difficulty in capturing certain data. Councilmember Taylor discussed casual relationships on traffic efficiency and Ms. Blakeman provided further details on the data sets used in the evaluation. Lastly Councilmember Taylor addressed volume and the growth of the community and asked Town Manager Patrick Banger to have additional follow up conversations on this item. Vice Mayor Cook addressed traffic flow as it related to the data. 29. COUNCIL ADMINISTRATION - consider acceptance of the Budget Report and Contingency Report for the 1st Quarter of FY 2020. A MOTION was made by Councilmember Ray, seconded by Councilmember Taylor to approve Item 29. Motion carried 6-0. 30. BOARDS AND COMMISSIONS – consider appointment of two regular members to the Public Facilities Municipal Property Corporation with a term beginning January 2, 2020 and ending January 1, 2023. This item was approved with the Consent Calendar vote. Shane Cook and Ken Stark were appointed to the Public Facilities Municipal Property Corporation, with terms beginning January 2, 2020 and ending January 1, 2023. 31. BOARDS AND COMMISSIONS – consider activating a Citizens Transportation Task Force, setting the assigned tasks and duties, number of task force members, and the means of selecting those members. Councilmember Peterson asked staff to provide clarification on this item. Town Manager Patrick Banger stated there would be a board member representing each of the 9 quadrants for equal representation from established areas as well as areas of continued growth. Town Clerk Lisa Maxwell confirmed that 35 applications had already been received. Councilmember Taylor asked about distinctions between vehicular and bicycle communities and stakeholder input within the micromobility community. Town Manager Patrick Banger provided information on the outreach efforts and input and discussed citizen interest and engagement. Councilmember Peterson asked for confirmation on the representation between the 9 districts. Direction was given by Council to appoint 9 board members from the community representing the various districts and the Council Liaison would be Councilmember Anderson. Town Manager Patrick Banger indicated that staff representation would be determined, the board would be active for a one-year term and meet at least once a month with the first meeting would take place on the first or second week of December. Council would rank the applicants by district and Councilmember Anderson would determine the final members A MOTION was made by Councilmember Peterson, seconded by Councilmember Anderson to approve Item 31. 8 32. 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: 12/19/2019 - 5 year Tourism Strategy. Contact D. Henderson. TBD - Waive permit fees for Home Owner Beautification of Older Neighborhoods. Contact K. Mieras (E. Cook, B. Peterson, S. Anderson) TBD - Policy to add tall trees in the Riparian Preserve. Contact R. Carmona (E. Cook, B. Peterson, S. Anderson) COMMUNICATIONS Report from the TOWN MANAGER on current events. Town Manager Patrick Banger recognized the Parks and Recreation Department and the Capital Improvement Project teams. He acknowledged Parks and Recreation Director Robert Carmona and his staff, Assistant Town Engineer Susanna Struble and Senior Project Manager Richard Hooker for their work on the opening of Desert Sky Park. He provided information on the Insurance Services Office and their Public Protection Classification Program which measures Fire Protection Capabilities of Cities. He stated the program ranks Cities one through ten, with one being the highest and the Town of Gilbert has been ranked every five years. He provided historical rankings of the Town and stated 9 that the Town had received the top ranking this year. He applauded the hard work by the Fire Department, Water Resources and Public Works. He thanked Plan Review Inspection Manager Larry Taylor for all his hard work on the 2018 Building Code adoption. He thanked members of the Information Technology team, Information Technology Desktop Manager Jason Thompson, Deputy Director of Infrastructure Eugene Mejia and Chief Technology Officer Sasan Poureetezadi for their work on the opening our new Gilbert Tech Hub. He thanked Water Resources Manager Eric Braun and Water and Energy Resources Planning Advisory Gretchen Baumgardner for their work on the Salt River Project agreement on renewable energy. Report from the COUNCIL on current events. Councilmember Peterson expressed her gratitude for the Veterans Day Celebration and discussed the community and youth involvement. She recognized staff for their hard work and thanked the Veterans for their service. Report from the MAYOR on current events. Vice Mayor Cook recognized Councilmember Rays birthday and announced the Gilbert Days Parade would be held on November 23. RECESS REGULAR MEETING AND RECONVENE IN EXECUTIVE SESSION Vice Mayor Cook recessed the Regular Meeting and reconvened in Executive Session pursuant to: a) A.R.S. §§ 38-431.03(A)(1), (3) legal advice from the Town Attorney and consultation with Town representatives concerning employment policy recommendations and employment matters; and b) A.R.S. §§ 38-431.03(A)(3), (4) legal advice from the Town Attorney and consultation with Town representatives concerning a development agreement for property near the northwest corner of Power Road and Galveston Street. Motion carried 6-0. Vice Mayor Cook recessed the regular meeting at 8:07 p.m. ADJOURN EXECUTIVE SESSION AND RECONVENE REGULAR MEETING Vice Mayor Cook reconvened the regular meeting at 9:09 p.m. 10 ADJOURN Vice Mayor Cook adjourned meeting at 9:09 p.m. ATTEST: ___________________________ ___________________________________ Eddie Cook, Vice 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 November 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