Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF THURSDAY, DECEMBER 19, 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, Deputy Clerk Chaveli Herrera, Town Attorney Christopher Payne, Community Resources Supervisor Melanie Dykstra, Tourism Administrator Glenn Schlottman, and Office of Management and Budget Director Kelly Pfost 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 November to (presented alphabetically by school): Diana Perez, Jackson Zerr, Rhett Lewis, Mary Ann Tarin, Taylee Finch, Delainey Van Zuidam, Keion Banks, Anthony Ross, Jude Franzen, Marie Torre, Henry Wyatt, June Bradford, Xander Czerwinski, Skyler Varisco, Kelsey Ballard, Zahra Saadallah, Preston Dudash, Melissa Bramwell, Kristen Creekmore, Leah Schwoegler, Sofia Vinchinski, Aeyesha Khan, Ellie Villalpando, Vienna Napierski, Candace Montoya, Grace McDonald, Lucille Ricks, Kendall Mosley, Diego Castillo, Alexandra Barna, Carter Nguyen, Brendan Calalang, Devyn Willows, Hailey Dawson, Ava Brumett, Kendal Payne, Andi Nelson, Anthony Washburn, Michael Anthony Virgadamo, Ivan Cabrera, Pranay Modha, Ryan Williams, Patricia Yango, Camryn Colvin, and Avery Redden. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Yentes introduced a scout in attendance who led the Pledge of Allegiance and introduced herself. Pastor Eric Jones of Evident Life Church gave the invocation. ROLL CALL Town Clerk Maxwell called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS 1 1. PRESENTATION - Presentation on the 2019 Needs Assessment report. Community Resources Supervisor Dykstra introduced Dr. Lisa Zorita on behalf of The Williams Institute for Ethics and Management (TWI), who presented on the 2019 Needs Assessment report. Dr. Zorita reviewed the purpose of the assessment, strengths, gaps, priorities, resources, goals, and fiscal considerations. Dr. Zorita highlighted twelve recommendations based on the needs identified in the survey. Mayor Daniels thanked Dr. Zorita and the TWI for their support in helping to provide direction for resources and effort. Councilmember Taylor asked if the effectiveness was evaluated as a response to the prior research from 2014. Dr. Zorita responded that the report included tables with each recommendation from 2014 showing the status then and current status. Vice Mayor Cook discussed the initiatives outlined in the first assessment. He spoke of issues surrounding domestic violence and his involvement in The CeCe’s Hope Center, which focused on sex trafficking issues in the East-Valley. He also discussed his efforts with Maricopa Association of Governments’ Domestic Violence Council and the use of educational efforts through an organization called Bloom360. COMMUNICATIONS FROM CITIZENS Susan Williams, a Gilbert resident, discussed the proposed changes to Valley Metro Americans with Disabilities Act (ADA) Paratransit and its effects on those in need of its service. She discussed the reduction of the service and its direct effect on the blind community. She outlined her experience with the Foundation for Blind Children and Adults and the opportunities that have been awarded to her. Jeff Williams, a Gilbert resident, discussed his wife’s experience with the Valley Metro Americans with Disabilities Act (ADA) Paratransit services that have assisted her. He discussed the issues with the reduction of the program. He spoke of his experience attending the Citizen Transportation Task Force meeting and noted there had not been an item on the meeting agenda that addressed public transportation services. He requested that the Council look into the issue. CONSENT CALENDAR A MOTION was made by Vice Mayor Cook, seconded by Councilmember Anderson, to approve Consent Items 2, 2A, 2B, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 17B, 18, 19, 20, 21, and 22; and remove Item 17A from the Consent Calendar. Motion carried 7-0. 2. INTERGOVERNMENTAL AGREEMENT – consider approval of Extension No. 2 of Contract 2 No. 319000078 (EDEN No. 2016-1105-0099) with City of Mesa for shared technology resources and related services ending September 14, 2021 and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 2A. INTERGOVERNMENTAL AGREEMENT – consider adoption of a Resolution approving Intergovernmental Agreement No. 320000220 and attached easement with Roosevelt Water Conservation District (RWCD) to identify and define project duties, activities, and responsibilities between RWCD and the Town for the Loop 202/Lindsay Road Traffic Interchange, Project No. ST1580, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 4107 was adopted. 2B. MEMORANDUM OF UNDERSTANDING – consider approval of Memorandum of Understanding (MOU) No. 320000219 with the Arizona Board of Regents (ABOR) and Arizona State University (ASU) for Gilbert’s Public Safety Cohort Program and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 3. DEVELOPMENT AGREEMENT – consider adoption of a Resolution approving a Development Agreement, including the Temporary Construction Easement Agreement and Drainage Easement attached to the Development Agreement, with Gilbert Warner LLC for future street improvements on Gilbert Road and completion of drainage and landscaping improvements along American Heroes Way, Case No. DR17-1137, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 4108 was adopted. 4. CONTRACT – consider approval of Consulting Services Agreement Contract No. 320000189 with Wood Environment and Infrastructure Solutions, Inc. in an amount not to exceed $199,780.50 for the Heritage District Intersection Study, Project No. RD2120, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 5. CONTRACT – consider approval of Architectural/Engineering (A/E) Services Contract No. 320000104 with T.Y. Lin International in an amount not to exceed $127,745.08 for the Vaughn Ventilator Project Assessment, Project No. RD2190, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 3 6. CONTRACT – consider approval of the guaranteed maximum price (GMP) No. 2 to Construction Services Contract No. 31900968 with Hunter Contracting Co, in an amount not to exceed $1,534,474 for the Lindsay Road Traffic Interchange Utility Relocation, Project No. ST1170, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 7. CONTRACT – consider approval of: a) Cooperative Purchase Job Order Contract (JOC) Agreement No. 320001208 with Haydon Building Corp. utilizing City of Buckeye Cooperative Purchasing Contract No. 2019010-03 for construction services; b) Job Order No. 1 to Job Order Contract (JOC) Cooperative Services Agreement Contract No. 319001208 with Haydon Building Corp in an amount not to exceed $3,000,000 for the Watertank to Gilbert Road Waterline, Project No. WA1440; c) Job Order No. 4 to Job Order Contract (JOC) Contract No. 319001121 with B & F Contracting in an amount not to exceed $704,800 for the Watertank to Gilbert Road Waterline, Project No. WA1440, and authorize the Mayor to execute the required documents; and d) a Contingency Transfer from the Water Replacement Fund to Project No. WA1440 in the amount of $2,500,000. This item was approved with the Consent Calendar vote. 8. CONTRACT – consider approval of: a) Architectural/Engineering (A/E) Services Contract No. 320000180 with Stantec Consulting Services Inc. in an amount not to exceed $35,336 to provide engineering services for the gravity sewer line repair located at Guadalupe and Sirrine Road, Project No. WW1236; b) Project Management/Construction Management Services Contract No. 320000181 with Sustainable Engineering Group in an amount not to exceed $17,850 to provide construction services for the gravity sewer line repair located at Guadalupe and Sirrine Road, Project No. WW1236; c) Task Order No. 2 to Job Order Contract (JOC) Contract No. 319001121 with B & F Contracting in an amount not to exceed $150,000 to repair the sewer line and associated asphalt work, Project No. WW1236, and authorize the Mayor to execute the required documents; and d) a Contingency Transfer from the Wastewater Replacement Fund in the amount of $220,000 for emergency gravity sewer line repair, Project No. WW1236. 4 This item was approved with the Consent Calendar vote. 9. CONTRACT – consider approval of: a) Job Order No. 3 to Job Order (JOC) Construction Services Contract No. 319001121 with B & F Contracting in an amount not to exceed $150,000 for the emergency pavement repairs on Guadalupe Road, Project No. WW1236, and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the Roadway and Maintenance Fund in the amount of $150,000. This item was approved with the Consent Calendar vote. 10.CONTRACT/CHANGE ORDER – consider approval of: a) Change Order No. 2 to Engineering Services Contract No. 319000576 (EDEN No. 2017- 2106-0540) with GHD, Inc. in an amount not to exceed $87,486 for additional work for the Waterline Tankersley Replacement, Project No. WA1180; b) Project Management Construction Management (PM/CM) Services Contract No. 319001230 with Tristar Engineering and Management, Inc. in an amount not to exceed $443,536 for the Waterline Tankersley Replacement, Project, No. WA1180, and authorize the Mayor to execute the required documents; and c) a Contingency Transfer from the Water Replacement Fund in the amount of $350,000. This item was approved with the Consent Calendar vote. 11. CHANGE ORDER – consider approval of Change Order No. 2 to Engineering (A/E) Services Contract No. 319000571 (EDEN No. 2017-2106-0585) with Wilson Engineers, LLC increasing the contract amount by $39,140 to relocate equipment inside the pump station walls for the Ray Recker Direct Well System, Project No. WA0710, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 12. CHANGE ORDER – consider approval of Change Order No. 2 to Contract No. 319000823 with West Coast Arborists, Inc. increasing the contract amount by $65,000 for tree maintenance and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 13. BUDGET – consider approval of a Contingency Transfer from the General Fund in the amount of $180,913 for the relocation of Arizona Public Service Company (APS) facilities within the Western Powerline Trail pedestrian crossing, Project No. PR1130. 5 This item was approved with the Consent Calendar vote. 14. BUDGET – consider approval of a Contingency Transfer from the Water Replacement Fund for North Water Treatment Plant Condition Assessment in the amount of: a) $384,000 to Project No. WA1549; b) $1,422,000 to Project No. WA1551; and c) $76,000 to Project No. WA1553. This item was approved with the Consent Calendar vote. 15. BUDGET – consider approval of: a) Amendment No. 1 to Service Agreement No. 319001057 (EDEN No. 2018-2106-0294) with E-Builder in an amount not to exceed $49,749.19 to develop and optimize data work flow processes with the E-builder enterprise software system and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the CIP Contingency Fund in the amount of $50,000. This item was approved with the Consent Calendar vote. 16. BUDGET/BOARDS AND COMMISSIONS - consider acceptance of the recommendations of the Gilbert Firemen’s Pension and Relief Fund Board to: a) authorize a Special Revenue Contingency Request of $90,000 and transfer the remaining balance of the Firemen’s Pension and Relief Fund to the Fire Public Safety Retirement System; and b) disband the Gilbert Firemen’s Pension and Relief Fund Board as established under Arizona Revised Statutes Title 9 Chapter 8 Article 3. This item was approved with the Consent Calendar vote. 17. LEGAL – consider authorizing the Town Manager to sign the proposed settlement with Antelmi, et al. entitled Town of Gilbert v. Karen Antelmi, et al., Maricopa County Superior Court Case No. CV2018-053978, in the amount of $67,500, plus accrued statutory interest, Project No. ST0960. This item was approved with the Consent Calendar vote. 17A. LEGAL – consider authorizing the Town Manager to enter into a settlement agreement with Big League Dreams Gilbert, LLC with the parties dismissing all claims against each other with prejudice, Maricopa County Superior Court Case No. CV2017- 006658. 6 Vice Mayor Cook discussed the history of the Big League Dreams project, noting the agenda item would end the relationship between Big League Dreams Gilbert, LLC and the Town of Gilbert. He spoke of Gilbert’s efforts to restore the original vision by opening Cactus Yards; he thanked the Council for agreeing to continue the vision and keep the project “in-house”. A MOTION was made by Vice Mayor Cook, seconded by Councilmember Anderson, to approve Item 17A. Motion carried 7-0. 17B. PROPERTY SALE - A motion to authorize town staff to accept sealed bids, Bid No. 320000218, for Gilbert surplus land, Parcel No. 304-55-011R. The parcel is approximately 36.6 acres of real property 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 identify the highest bidder for cash, pursuant to A.R.S. 9-403. This item was approved with the Consent Calendar vote. 18. PARKWAY IMPROVEMENT DISTRICT – consider publicly declaring bids for Parkway Improvement District for FY19-20; reject all bids but the bid of the lowest and best responsible bidder; waive clerical errors; and award contracts for the work and authorize the Mayor to execute the required documents as follows: a) Contract No. 320000135 with Miko LLC in the amount of $16,498.80 for the wall project in PKID No. 07-03 Park Village; b) Contract No. 320000136 with Miko LLC in the amount of $101,137 for the basin renovation in PKID No. 07-05 Circle G Meadows II; c) Contract No 320000137 with Miko LLC in the amount of $20,896 for the wall project in PKID No. 07-06 Circle G Meadows III; d) Contract No 320000138 with Utility Construction Co. in the amount of $25,312.82 for the lighting project in PKID No. 07-10 Madera Park; e) Contract No. 320000139 with Miko LLC in the amount of $7,275.80 for the wall project in PKID No. 07-10 Madera Park; and f) Contract No. 320000148 with Utility Construction Co. in the amount of $13,761.69 for the lighting project in PKID No. 07-03 Park Village. This item was approved with the Consent Calendar vote. 19. FINAL PLAT DR18-206 - consider approval of the final plat for Verde at Cooley Station located at the southwest corner of Williams Field and Recker Roads. This item was approved with the Consent Calendar vote. 7 20.FINAL PLAT S19-04 - consider approval of the final plat for Stratford located at the southwest corner of Germann and Greenfield Roads. This item was approved with the Consent Calendar vote. 21.FINAL PLAT S654 - consider approval of the final plat for Minor Subdivision of San Tan Mountain Estates located at the southwest corner of San Tan Boulevard and 172nd Street. This item was approved with the Consent Calendar vote. 22.MINUTES – consider approval of the minutes of the Regular Meeting of December 5, 2019. This item was approved with the Consent Calendar vote. PUBLIC HEARING Mayor Daniels opened the public hearing for Items 23, 24, 25, and 26. No one wished to speak and Mayor Daniels closed the public hearing. A MOTION was made by Vice Mayor Cook, seconded by Councilmember Peterson, to approve public hearing Items 23, 24, 25, and 26. Motion carried 7-0. 23. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for Kona Grill located at 2224 East Williams Field Road, Suite 101. 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 Rocky Point located at 3107 South Gilbert Road, Suite 107. This item was approved with the Public Hearing Vote. 25.PROPERTY ACQUISITION – conduct hearing and consider approving the acquisition of right-of-way and easement for Parcel No. 304-55-072 for the improvements to Lindsay and Pecos Roads to SR202, Project No. ST1170. This item was approved with the Public Hearing Vote. 26.PROPERTY ACQUISITION – conduct hearing and consider adoption of a Resolution approving the acquisition of right of way and easements for Parcel No. 304-56-930 for Germann Road- Val Vista Drive to Mustang Drive, Project No. ST1450. This item was approved with the Public Hearing Vote. Resolution No. 4109 was adopted. 26A. CODE OF GILBERT - conduct hearing and consider: 8 a) adoption of an Ordinance amending the Code of Gilbert, Arizona, by amending Chapter 18 Cable Communications, Section 18-1 Definitions, Section 18-5 License Required, Section 18-7 Authorization to Engage in Business, Section 18-8 Limitations of License, Section 18-11 License Applications, Section 18-12 Application Fees, Section 18-14 Selection of Licensee, Section 18-15 Term of the License, Section 18-16 Grant of Additional License and Competing Service, Section 18-20 Renewal, Section 18-21 Transfers and Assignments, Section 18-25 Effect of Award of a License, Section 18-26 Payment of License Fee, Section 18-38 Acceptance and Effective Date of License, Section 18-40 Permits, Installations and Service, Section 18-82 Protection of Town against Liability, Section 18-83 Letter of Credit, Section 18-84 Construction Bonds; and b) adoption of a Resolution amending the previously adopted Uniform Video Service License in accordance with changes to state law. Mayor Daniels opened the public hearing for Item 26A. Councilmember Taylor discussed licensing, noting he would like to see the matter looked at from a taxpayer’s standpoint. He stated the purpose of a tax was to cover a cost, adding the percentage should translate to the actual cost that taxpayers are bearing to maintain the easements. He stated though he did support moving forward with the item, he would like to see more data to help set the tax at an appropriate level. Vice Mayor Cook stated instead of trying to create legislation based on the revenue intake, the process should be based upon the square feet of usage. He said a flat fee would be fair to anyone wishing to use a right-of-way. Mayor Daniels noted that the Town was following Arizona State Law; the Town did not have a ton of latitude and the matter was within the State’s purview of legislation. She noted if the Council did proceed with Councilmember Taylor’s recommendation, an opportunity for a cost component may be considered. She stated a utility right-of-way was an asset that taxpayer’s own, adding there would be value that the taxpayer invested in and there should be some return on that value. She noted the efforts were worth exploring. Mayor Daniels closed the public hearing for Item 26A. A MOTION was made by Councilmember Taylor, seconded by Councilmember Anderson, to approve public hearing Item 26A. Motion carried 7-0. Resolution No. 4110 and Ordinance No. 2741 were adopted. Councilmember Ray left the meeting. ADMINISTRATIVE ITEMS 27.PRESENTATION - Update on Tourism. 9 Tourism Administrator Schlottman provided an update on tourism and the related bed tax strategies. He summarized Gilbert’s core audiences, visitor spending, and visitor satisfaction at a 98% satisfaction rate. He spoke of hotel trends in Gilbert, noting there was an addition of four hotels in the past year and that Gilbert had nearly 400,000 room nights available annually. Office of Management and Budget Director Pfost spoke of bed tax as an alternative revenue. She summarized a comparison of community revenues, restrictions, bed tax collections, and bed tax usage. She listed the following ideas for usage of bed tax funds: the development of tournament-capacity sports facilities, Capital Improvement Plan (CIP) projects with strategic trail connections, partnering on conference center space development, fund public art and place making in the District, and supporting tournament facility operations. She said the staff recommendation was to fund public art and place making in the District and to develop tournament-capacity sports facilities. Councilmember Taylor discussed human trafficking as a dark side of tourism. He stated high schools were targets and noted that funding for School Resource Officers (SRO’s) would help play a big role against human trafficking. Mayor Daniels asked for clarification on restricted and unrestricted funds. Office of Management and Budget Director Pfost stated a review would be needed, but her initial recommendation would be to do those types of activities using unrestricted funds, adding restricted funds were tied to direct expenditures to promote tourism itself or to partner with an organization that promoted tourism. Councilmember Anderson inquired about expenditures in CIP projects like the Visitors’ Center at the Riparian Preserve. Office of Management and Budget Director Pfost stated that example would be an eligible expenditure, noting the recommendations made were the soonest in the CIP and would offset funding sources to help reduce tax burdens in other areas. Vice Mayor Cook stated in the past the Council discussed using a third-party organization that would focus on tourism. He asked if it was a possibility the Council would like to consider again. Tourism Administrator Schlottman discussed lines of service and Gilbert’s work with regional partners and the Arizona Office of Tourism. Mayor Daniels advocated for exploring the possibility for the Visitors’ Center project of the Riparian Preserve in the next fiscal year, as well as the Heritage District Art project. Vice Mayor Cook asked about rolling over unused restricted funds from year to year. Office of Management and Budget Director Pfost stated she was not aware of any restrictions on holding funds to roll them over for a specific purpose, as long as they were spent for the purposes outlined in statute. There was discussion regarding working with unrestricted funds to improve shade in the Town and the possibility of connecting the parking lots at the Southeast Regional Library. 10 Councilmember Peterson stated she would like to see the parking lot project moved up, as it would relate to tourism at the Riparian Preserve. Mayor Daniels summarized the discussion, stating the Council consensus was to move forward with the public art and place making project and to look into the Riparian Preserve Visitors’ Center and parking lot projects. Town Manager Banger affirmed that a motion was not needed by the Council at this time. He stated the projects would be moved forward in the budget and the Council would have the opportunity to formally vote on them at a later time. 28. 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 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 Councilmember Peterson provided an update on the Subcommittee on the Land Development Code (LDC). She stated the project would require more time to complete and suggested the draft be held until the entire LDC was ready and reviewed by the Town’s Legal Department. Mayor Daniels stated she was pleased with the progress and recognized it was a huge undertaking. Vice Mayor Cook noted that Gilbert Regional Park was on the cover of Landscape Structures Magazine, a national publication. POLICY ITEMS 29. POLICY NO. 2020-01 - consider approval of Council Policy No. 2020-01 regarding purchases from members of the Governing Body. A MOTION was made by Councilmember Taylor, seconded by Councilmember Peterson, to approve Item 29. Motion carried 6-0, with Councilmember Ray absent for the vote. Policy No. 2020-01 was adopted. 11 FUTURE MEETINGS Requested Agenda Items and Projected Meeting Dates: 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) TBD - Creation of a subcommittee to review the Town of Gilbert Municipal Codes. Contact ____ (E. Cook, B. Peterson, S. Anderson) There was no discussion. COMMUNICATIONS Report from the TOWN MANAGER on current events. Town Manager Banger reported Gilbert Fire and Rescue lost a member of their team, JC Hicks. He introduced the new Intergovernmental Affairs Director, Rob Bohr, who gave a brief introduction. Report from the COUNCIL on current events. None. Report from the MAYOR on current events. Mayor Daniels wished everyone a Merry Christmas and Happy New Year. She thanked the community for an incredible year and for reaching out and helping one another. ADJOURN Mayor Daniels adjourned meeting at 8:20 p.m. ATTEST: ___________________________ ___________________________________ Jenn Daniels, Mayor Lisa Maxwell, MMC, Town Clerk CERTIFICATION 12 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 19th 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 ____________________. ___________________________________ Lisa Maxwell, MMC, Town Clerk 13