Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF THURSDAY DECEMBER 05, 2019 AT 6:30 PM, MUNICIPAL CENTER 1, 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 AGENDA ITEM CALL TO ORDER Mayor Daniels called the meeting to order at 6:33 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Anderson introduced the Cheerleaders from Mesquite High School who led the Pledge of Allegiance. Pastor Thor Stringhalt of Valor Christian Center gave the invocation. ROLL CALL Town Clerk Lisa Maxwell called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS 1. RECOGNITION - Recognition of the Mesquite High School Cheerleaders and the Campo Verde High School Band who will represent the Town of Gilbert in the All-Americans in London in December 2019. Mayor Daniels recognized the Mesquite High School Cheerleaders representing the Town of Gilbert in the All-Americans in London in December 2019. The Campo Verde High School Band was unable to attend due to band practice. 2. RECOGNITION - Recognition of the Gilbert Fire Department for receiving a Class 1 rating in Public Protection Classification by the Insurance Services Office (ISO). Councilmember Peterson recognized the Gilbert Fire Department for receiving a Class 1 rating in Public Protection Classification by the Insurance Services Office (ISO). She elaborated on the importance of the rating and its effect on premiums for insurance, which 1 impacts our local business and residents in the Town of Gilbert. She provided information on the ISO and their Public Protection Classification Program which measures Fire Protection Capabilities of Cities. She stated the program ranked Cities one through ten, with one being the highest and the Town of Gilbert has been ranked every five years. Fire Chief Jim Jobusch elaborated on the importance of the rating and its effect on the community. He stated there are only about 300 communities out of 40,000 have a Class 1 rating and discussed the accreditation of the department. He thanked everyone for their support and recognized Assistant Chief of Operations Bob Badgett, Solutions Manager Allyna Bay, Water Operations Manager Andrew Jackson and Assistant Chief of Support Services Rob Duggan. 3. PRESENTATION - Presentation on Arizona Municipal Water Users Association 50th Anniversary. Vice Mayor Cook introduced Warren Tenney from the Arizona Municipal Water Users Association (AMWUA). Mr. Tenney shared a brief story and gave a presentation on the collaboration and cooperation efforts with Arizona cities, businesses and industries to find solutions. He spoke about the history of the program, conservation efforts and achievements. He announced that Vice Mayor Cook had been elected by the Board to serve as AMWUA President for 2020. He discussed the importance of sustainability and future opportunities. He thanked the Town of Gilbert for all their work and opportunities regarding water. Mayor Daniels discussed the importance of long-term strategies not only to save dollars but also the precious resources needed to be successful. She congratulated Vice Mayor Cook on his appointment of President of AMWUA. Vice Mayor Cook discussed water being the most sacred natural resource in Arizona and the importance of caring for it. He recognized Gilbert on their efforts. COMMUNICATIONS FROM CITIZENS Joe Geusic, Gilbert resident, shared a quote from Mayor Daniels from the State of the Town. He discussed smart governance and business practices and reinvesting into the community. He thanked the Town Council for their encouragement for the school overrides and bonds and elaborated on advocating for the schools. CONSENT CALENDAR A MOTION was made by Vice Mayor Cook, seconded by Taylor, to approve Consent Items 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 18, 19, 20, 21, 22, 23, 24; remove Consent Items 14 and 17 from the agenda; and add Items 27 and 28 to the Consent Calendar, appointing Kevin Boudreau, Paul Gonzales and John Dalen Wilcock to the Water Resources Municipal Property Corporation, with terms beginning January 12, 2020 and ending January 11, 2023 and appointing Yung Koprowski, James Wright, Rachelle Ramirez, Alexander Cardona, Damon Andrews, Vicky Aviles, Michael Watkins, Lawrence Paschich, and Frank 2 Wilson with terms beginning December 5, 2019 and ending after advising is completed on the assigned transportation projects and issues, if no other tasks are assigned by the Council. Motion carried 7-0. 4. INTERGOVERNMENTAL AGREEMENT – consider approval of: a) a Resolution approving a Intergovernmental Agreement Contract No. 320000196 with the Arizona Department of Transportation (ADOT) for the design and construction of Higley and Germann Roads left turn safety improvements, Project No. ST2104, and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the Roadway and Maintenance Fund in the amount of $40,289. This item was approved with the Consent Calendar vote. Resolution No. 4103 was adopted. 5. AGREEMENT – consider approval of the Amended and Restated Water Transportation Agreement No. 320000178 (EDEN No. 2001-1003-0491) with Salt River Valley Water Users' Association for the use of the Salt River Project (SRP) main canal system to transport non-SRP water supplies and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 6. AGREEMENT – consider approval of Extension of Regional Emergency Medical Transportation Agreement No. 2016-3002-0025 with American Medical Response (AMR) of Maricopa, LLC. extending service through March 8, 2020 for emergency transportation services and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 7. DEVELOPMENT AGREEMENT – consider adoption of a Resolution approving Amendment No. 2 to the Amended and Restated Development Agreement with the Cooley Center Property Owners to reflect the property’s current condition and to make revisions to the agreement and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 4104 was adopted. 8. CONTRACT – consider approval of a Cooperative Purchase Agreement No. 320000173 with W.W. Grainger, Inc. utilizing City of Tucson Cooperative Purchasing Contract No. 192163 in an amount not to exceed $180,000 for maintenance repair and operational supplies, parts, equipment and materials and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 9. CONTRACT – consider approval of: 3  a) Professional Consulting Services Agreement Contract No. 320000176 with Y2K Engineering, LLC in an amount not to exceed $90,680 for Safety Improvements for Trail Crossings, Project No. PR1310, and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the General Fund Contingency Fund in the amount of $120,000. This item was approved with the Consent Calendar vote. 10. CONTRACT – consider approval of Construction Management Services Contract No. 320000080 with Hazen and Sawyer in an amount not to exceed $220,600 for replacement of existing 12” water line Water Tank Road to Gilbert Road, Project No. WA1440, and authorize the Mayor to execute the required documents. 11. CONTRACT – consider approval of a Cooperative Purchase Agreement Master Service Contract No. 320000050 with Simon Sewer Maintenance, a division of Simon Family Enterprise Inc., utilizing City of Chandler Cooperative Purchasing Contract No. MU7-962- 3781 in an amount not to exceed $200,000 to provide sewer line cleaning and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 12. CONTRACT – consider approval of: a) Job Order Contract (JOC) Contract No. 320000120 with Haydon Building Corporation in an amount not to exceed $5,000,000 for Buildings and Facilities effective December 5, 2019, and terminating on December 5, 2020, with the option to renew for two (2) additional one (1) year periods; and b) Job Order Contract (JOC) Contract No. 320000122 with Willmeng Construction in an amount not to exceed $5,000,000 for Buildings and Facilities effective December 5, 2019, and terminating on December 5, 2020, with the option to renew for two (2) additional one (1) year periods and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 13. CONTRACT – consider approval of Task Order No. 1B to Job Order Contract (JOC) Contract No. 320000121 with SDB Contracting Services in an amount not to exceed $180,626.19 for Freestone Recreation Center flooring replacement, Project No. PR1280, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 14. CONTRACT – consider approval of Task Order No. 5 to Job Order Contract (JOC) Contract No. 319001049 with Talis Corporation in an amount not to exceed $400,000 for 4 Improvements along Gilbert Road from Olive Avenue to Water Tank Road and major arterial streets around schools, Project No. ST1550, and authorize the Mayor to execute the required documents. Councilmember Taylor discussed obligations with the American with Disabilities Act (ADA) and regulated environments. He discussed minimum standards and the study that was conducted. He voiced his support of the minimum standards and concerns with spending. He recognized the Town for their compliance with Federal obligations. A MOTION was made by Councilmember Peterson, seconded by Vice Mayor Cook, to approve Item 14. Motion carried 5-2, with Councilmembers Taylor and Yentes casting the dissenting votes. 15. CONTRACT – consider approval of: a) the purchase of one (1) vehicle pursuant to Cooperative Purchase Agreement No. 319000038 with San Tan Ford in an amount not to exceed $28,445 including taxes; b) the purchase of five (5) vehicles pursuant to Cooperative Purchase Agreement No. 319000430 with Rush Truck Center Phoenix in an amount not to exceed $1,634,647 including taxes and authorize the Mayor to execute the required documents; and c) Contingency Transfer from the Environmental Services - Residential Replacement Fund in the amount of $370,931. This item was approved with the Consent Calendar vote. 16. CONTRACT – consider approval of: a) the purchase of seven (7) vehicles pursuant to Cooperative Purchase Agreement No. 319000038 with San Tan Ford in an amount not to exceed $255,622 including taxes; b) the purchase of two (2) vehicles pursuant to Cooperative Purchase Agreement No. 319000685 with Midway Chevrolet in an amount not to exceed $124,146 including taxes and authorize the Mayor to execute the required documents; and c) Contingency Transfer from the General Replacement Fund in the amount of $118,365. This item was approved with the Consent Calendar vote. 17. CHANGE ORDER – consider approval of: a) Change Order No. 1 to Architectural Services Agreement Contract No. 319000604 with M. Arthur Gensler & Associates increasing the contract amount by $134,830 for Municipal Center I Renovations, Project No. MF0530; 5  b) Change Order No. 1 to Construction Manager at Risk (CMAR) Pre-Construction Services Agreement Contract No. 319000499 with Willmeng Construction, Inc., increasing the contract amount by $12,224 for the Municipal Center I Renovations, Project No. MF0530; c) Change Order No. 1 to Project Management/Construction Management Services Agreement Contract No. 319000894 with CookDZ, LLC increasing the contract amount by $20,640 for the Municipal Center I Renovations, Project No. MF0530, and authorize the Mayor to execute the required documents; and d) a Contingency Transfer from the General Fund to Project No. MF0530 in the amount of $175,000. Councilmember Taylor discussed the remodel and stated there were more efficient uses of dollars. He provided an example on the creation of offices for five new attorneys and discussed the decision to bring counsel in-house. He mentioned the growth and needs of the Town and detailed concerns on aligning with costs. Mayor Daniels discussed the opportunity to reinvest in the existing building and the importance of planning for future needs of the Town. She provided information on the age of the building, the original phase process for a new building and concerns with energy efficiency. She discussed the organizations decision to reinvest in the current building, maximize space and the importance of meeting current and future needs. A MOTION was made by Vice Mayor Cook, seconded by Councilmember Peterson, to approve Item 17. Motion carried 5-2, with Councilmembers Taylor and Yentes casting the dissenting votes. 18. CHANGE ORDER – consider approval of Change Order No. 1 to Professional Services Contract No. 319001037 with Hazen and Sawyer increasing the contract amount by $95,395 to provide additional testing 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. 19. GRANT – consider application and acceptance of 12% Gaming Contribution Grant, Intergovernmental Agreement No. 320000192 from the Salt River Pima – Maricopa Indian Community (SRP-MIC) in the amount of $35,000 for the Native American Management Internship and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 20. BUDGET – consider approval of a Contingency Transfer from the Wastewater Contingency Fund to the Wastewater Operating Fund in the amount of $70,000 for construction of an irrigation control structure closer to the Riparian control structure. This item was approved with the Consent Calendar vote. 6 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 FY2019-20 improvements in Parkway Improvement District PKID 07-02, PKID 07-04, PKID 07-05, PKID 07-06, PKID 07- 09, PKID 07-10 and PKID 07-11 and authorize the Mayor to execute the required documents as follows: a) Contract No. 320000073 with Sonrisa Landscape Management in the amount of $115,740 for work in PKID No. 07-02 Templeton Place, PKID No. 07-05 Circle G Meadows II, PKID No. 07-06 Circle G Meadows III, and PKID No. 07-11 Cassia Place; b) Contract No. 320000127 with AME Landscape Co. in the amount of $ 29,184 for work in PKID No. 07-04 Spring Meadows and PKID No. 07-09 Morning Ridge; and c) Contract No. 320000126 with Artistic Land Management, Inc. in the amount of $49,956 for work in PKID No. 07-10 Madera Parc. This item was approved with the Consent Calendar vote. 22. FINAL PLAT S17-1012 - consider approval of replats for Hamstra Dairy - Phases I through 5 located at Chandler Heights Road and Val Vista Drive. This item was approved with the Consent Calendar vote. 23. COUNCIL ADMINISTRATION - consider adoption of a Resolution designating the Deputy Town Manager and Program Supervisor of Community Resources as Environmental Certifying Officers and authorize them to execute environmental clearances on behalf of the Town in connection with the administration of funding from the United States Department of Housing and Urban Development (HUD). This item was approved with the Consent Calendar vote. Resolution No. 4105 was adopted. 24. MINUTES – consider approval of the minutes of the Joint Meeting with the Gilbert Public School Board of October 29, 2019 and the Regular Meeting of November 7, 2019. This item was approved with the Consent Calendar vote. PUBLIC HEARING Mayor Jenn Daniels opened the public hearing for Items 25 and 26. No one wished to speak and Mayor Jenn Daniels closed the public hearing. A MOTION was made by Vice Mayor Cook, seconded by Councilmember Peterson, to approve public hearing Items 25 and 26. Motion carried 7-0. 25. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for Copper & Logs located at 832 South Greenfield Road, Suite 101. 7 This item was approved with the Public Hearing Vote. 26. GENERAL PLAN GP19-07/ZONING Z19-19 - conduct hearing and consider: a) adoption of a Resolution approving a Minor General Plan Amendment to change the land use classification of approximately 3.13 acres generally located at the southwest corner of Fiesta Boulevard and Baseline Road from Light Industrial to General Commercial; and b) approval of the findings and adoption of an Ordinance to amend Ordinance No. 356 to remove approximately 3.13 acres generally located at the southwest corner of Fiesta Boulevard and Baseline Road from the Fiesta Tech Planned Area Development overlay zoning district (PAD) and to rezone said real property from Light Industrial (LI) zoning district with a PAD to General Commercial (GC) zoning district. This item was approved with the Public Hearing Vote. Councilmember Ray left the meeting. ADMINISTRATIVE ITEMS 27. BOARDS AND COMMISSIONS – consider appointment of three regular members to the Water Resources Municipal Property Corporation with terms beginning January 12, 2020 and ending January 11, 2023. This item was approved with the Consent Calendar vote. Kevin Boudreau, Paul Gonzales and John Dalen Wilcock were appointed to the Water Resources Municipal Property Corporation, with terms beginning January 12, 2020 and ending January 11, 2023. 28. BOARDS AND COMMISSIONS – consider appointment of nine members to the Citizens Transportation Task Force with a term beginning December 5, 2019 and ending after advising is completed on the assigned transportation projects and issues, if no other tasks are assigned by the Council. This item was approved with the Consent Calendar vote. Yung Koprowski, James Wright, Rachelle Ramirez, Alexander Cardona, Damon Andrews, Vicky Aviles, Michael Watkins, Lawrence Paschich, and Frank Wilson were appointed to the Citizens Transportation Task Force, with terms beginning December 5, 2019 and ending after advising is completed on the assigned transportation projects and issues, if no other tasks are assigned by the Council. 29. BOARDS, COMMISSIONS, AND COMMITTEES - reports from Council Liaisons for the: a) Subcommittee on Board and Commission Application Screening, Interview, and Selection b) Subcommittee on Land Development Code c) Ad Hoc 8 d) Regional Meetings e) Citizens’ Transportation Task Force 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. None. Report from the COUNCIL on current events. Councilmember Peterson provided information on the Police Toy Drive and Fire Toy and Clothing Drive. She announced that donations could also be dropped off at the Police and Fire softball game at Cactus Yards on December 6, 2019 at 5:30 pm. There would also be kickball for children at 6:30 pm at Cactus Yards after the softball game and donations would be accepted. She added that the Riparian After Dark event would be for three weekends on Fridays and Saturdays from 5:30 p.m. to 8:30 p.m. and each evening donations would benefit different organizations. Councilmember Taylor reported on the Water Tower Lighting and the success of the event. He thanked the Parks and Recreation department for their work. 9 Report from the MAYOR on current events. Mayor Daniels reported on the Water Tower Lighting and stated that it was the largest attended lighting. She recognized the Parks and Recreation Department for their work on multiple projects throughout the year. She announced that the Giving Machines were located underneath the Water Tower at the Water Tower Plaza and discussed the opportunity to give to charities both local and international. She reminded Councilmembers that there would be new Liaisons assignments to Gilbert Boards and Commissions and lastly, she recognized Councilmember Peterson’s birthday. Town Manager Banger recognized Deputy Town Attorney John Bairds birthday. RECESS REGULAR MEETING AND RECONVENE IN EXECUTIVE SESSION Mayor Daniels recessed the Regular Meeting and reconvened in Executive Session pursuant to: a) Pursuant to A.R.S. §§ 38-431.03(A)(3) and (4), legal advice from the Town Attorney and discussion and consultation with Town representatives concerning litigation involving Big League Dreams Gilbert LLC.; and b) 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 Germann Road and Mustang Way. Motion carried 6-0. With Councilmember Ray absent from the vote. Mayor Daniels recessed the regular meeting at 7:10 p.m. ADJOURN EXECUTIVE SESSION AND RECONVENE REGULAR MEETING Mayor Daniels reconvened the regular meeting at 7:56 p.m. ADJOURN Mayor Daniels adjourned the meeting at 7:56 p.m. 10  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 December, 2019. I further certify that the meeting was duly called and held and that a quorum was present. Dated this ____ day of ____________________ 2019 . ___________________________________ Lisa Maxwell, MMC, Town Clerk 11