Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF TUESDAY, APRIL 07, 2020 AT 6:30 PM, MUNICIPAL CENTER I, COUNCIL CHAMBERS, 50 E CIVIC CENTER DRIVE, GILBERT, ARIZONA COUNCIL PRESENT: Mayor Jenn Daniels, Vice Mayor Scott Anderson, Councilmembers Jordan Ray, Scott September, Bill Spence, Jared Taylor, and Aimee Yentes COUNCIL ABSENT: None STAFF PRESENT: Town Manager Patrick Banger, Town Clerk Lisa Maxwell, Deputy Town Clerk Chaveli Herrera, Town Attorney Christopher Payne, Presiding Judge David Cutchen, and Traffic Engineer Aaron Pinkerton AGENDA ITEM CALL TO ORDER Mayor Daniels called the meeting to order at 6:33 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Spence introduced Nora Hahs who led the Pledge of Allegiance. Nora’s mother, Kelly Hahs, spoke about a video of Nora singing about “the virus” that has been shared by the Town of Gilbert and throughout social media. Pastor Graeme Sellers of Wonderful Mercy Church gave the invocation. ROLL CALL Town Clerk Maxwell called roll and declared a quorum present. ADMINISTRATIVE ITEMS 1A. BOARDS AND COMMISSIONS – consider acceptance of the resignation of Scott September from the Planning Commission, effective April 7, 2020. A MOTION was made by Vice Mayor Anderson, seconded by Councilmember Taylor, to accept the resignation of Councilmember September from the Planning Commission. Motion carried 6—0, as Councilmember September was not yet sworn-in at the time of the vote. 1. OATH OF OFFICE - Presiding Judge Cutchen administers Oath of Office to newly selected Councilmember Scott September. 1 Presiding Judge Cutchen administered the Oath of Office to newly selected Councilmember Scott September. Councilmember September thanked the Council for giving him the opportunity to serve. He thanked his family, adding he would do everything in his power to the best of his ability to allow Gilbert to continue to provide excellent services at the best possible costs. 1B. COUNCIL ADMINISTRATION - discussion and vote on the acceptance of the resignation of Councilmember Ray and declaring the Office vacant. A MOTION was made by Councilmember Spence, seconded by Councilmember Taylor, to accept the resignation of Councilmember Ray and declare the Office of Councilmember vacant. Motion carried 7-0. Councilmember Ray’s seat was vacated, leaving six members on the Council. 1C. COUNCIL ADMINISTRATION - Resolution of Appreciation for Councilmember Jordan Ray. Mayor Daniels read a Resolution of Appreciation and thanked Councilmember Ray for his work over the years. A MOTION was made by Councilmember Taylor, seconded by Councilmember Spence, to approve a Resolution of Appreciation for Councilmember Ray. Motion carried 6-0. Resolution No. 4128 was adopted. Councilmember Ray thanked the past and present Councilmembers. He also thanked the residents, businesses, and faith groups of Gilbert, adding it had been a pleasure to serve. COMMUNICATIONS FROM CITIZENS Richard Blasier, Gilbert resident, expressed concerns regarding discussions of zoning case GP18-14/Z18-28 at recent neighborhood meetings. He spoke of his neighborhood’s support of limiting homes to a single-story status, adding their concerns were not being properly forwarded from the Planning Commission. CONSENT CALENDAR A MOTION was made by Vice Mayor Anderson, seconded by Councilmember Spence, to approve Consent Items 3, 4, 5, 6, 6A, 7, 8, 9, and 10; and remove Consent Item 2 from the agenda. Motion carried 6-0. 2. CONTRACT – consider approval of: a) Professional Consulting Services Agreement Contract No. 320000310 with McClaren, Wilson & Lawrie, Inc., in an amount not to exceed $99,311 for the consulting services and 2 internal project management for the Crime Lab Needs Analysis, Project No. MF2524, and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the Police Department Investigations Administration budget to Project No. MF2524 in the amount of $60,000; and c) a Contingency Transfer from the General Fund to Project No. MF2524 in the amount of $75,311. This item was removed from the agenda. 3. CONTRACT – consider approval of Architectural/Engineering (A/E) Services Contract No. 319000697 with Wilson Engineers, LLC in an amount not to exceed $325,515 for the recovery well at Cactus Yards, Project No. WW0890, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 4. CONTRACT – consider approval of: a) Architectural/Engineering (A/E) Services Contract No. 320000328 with Entellus, LLC in an amount not to exceed $169,917.28 for the Freestone Park Odor Control System, Project No. WW1170, and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the Wastewater Fund to Project No. WW1170 in the amount of $70,000 for FY2020 and FY2021. This item was approved with the Consent Calendar vote. 5. CONTRACT - consider approval of expenditures under Contract No. 319000081 (EDEN No. 2001-1003-0319) with Justice Systems, Inc. in an amount not to exceed $88,592 for the annual subscription fee for the case management and integrated electronic document management system and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 6. CHANGE ORDER – consider approval of Change Order No. 7 to Contract No. 319000985 with APL Access & Security increasing the contract amount by $35,792.05 to replace CCTV cameras located at the Gilbert North Water Treatment Plant (NWTP) and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 6A. HUMAN RESOURCES - consider approval of a Resolution authorizing submission of an application to the Industrial Commission of Arizona for authority to Self-Insure for Worker’s Compensation Insurance and authorize the Town Manager to execute the required documents. 3 This item was approved with the Consent Calendar vote. Resolution No. 4129 was adopted. 7. FINAL PLAT DR19-83A - consider approval of the final plat for The Springs at Cooley Station located on the north side of Williams Field Road and east of the northeast corner of Recker and Williams Field Roads. This item was approved with the Consent Calendar vote. 8. FINAL PLAT DR19-132 - consider approval of the final plat for the Minor Subdivision of Lot 3 of the Aspens at Mariposa Point located at the southwest corner of Val Vista Drive and Willis Road. This item was approved with the Consent Calendar vote. 9. FINAL PLAT S19-05 - consider approval of the final plat for Belrose located at the southwest corner of Chandler Heights and Greenfield Roads. This item was approved with the Consent Calendar vote. 10.MINUTES - consider approval of the minutes of the Regular Meeting of March 24, 2020 and the Special Meetings of March 17, 2020 and March 24, 2020. This item was approved with the Consent Calendar vote. PUBLIC HEARING Mayor Jenn Daniels opened the public hearing for items 12, 13, 14, 15, 16, 17, 19, and 20. No one wished to speak and Mayor Jenn Daniels closed the public hearing. A MOTION was made by Councilmember Yentes, seconded by Vice Mayor Anderson, to approve public hearing items 12, 13, 14, 15, 16, 17, 19, and 20. Motion carried 6-0. 11.LIQUOR LICENSE – conduct hearing and consider approval of a Series 6 Bar Alcohol License for Edison Bar LLC located at 207 North Gilbert Road, Suite 113. Mayor Daniels opened the public hearing on Item 11. Councilmember Taylor discussed the Series 6 liquor license and 300-foot standard between bars and churches, adding this business was 100 feet from a church. He stated though it was legal to move forward with the item, he was not in support. He discussed an increase in crime in the downtown area and noted Scottsdale’s high concentration of bars and crime. He also spoke of the increased cost of police patrol in the downtown area, adding the downtown area was not “cash-positive”. 4 Vice Mayor Anderson stated the Town would be most effective when the State Liquor Board acted on these types of items. He noted the State Liquor Board had solicited someone from the Council to serve on that board, adding it could help to influence the outcomes. Mayor Daniels noted there were many liquor licenses in the area and questioned how to choose which businesses were granted licenses. She noted the area was an entertainment district and she had never received a complaint from churches in the area. She said the increase in crime was due to the increase in the quantity of people visiting there. Mayor Daniels closed the public hearing on Item 11. A MOTION was made by Councilmember Spence, seconded by Councilmember Yentes, to approve Item 11. Motion carried 5-1, with Councilmember Taylor casting the dissenting vote. 12.LIQUOR LICENSE – conduct hearing and consider approval of a Series 7 Beer and Wine Bar Alcohol License for Tommy Guns Original Barbershop located at 2050 East Williams Field Road, Suite 109. This item was approved with the Public Hearing Vote. 13.LIQUOR LICENSE – conduct hearing and consider approval of a Series 7 Beer and Wine Bar Alcohol License for Fry's Food & Drug #615 located at 1455 North Higley Road. This item was approved with the Public Hearing Vote. 14.LIQUOR LICENSE – conduct hearing and consider approval of a Series 9 Liquor Store Alcohol License with sampling privileges for Fry's Food & Drug #615 located at 1455 North Higley Road. This item was approved with the Public Hearing Vote. 15.LIQUOR LICENSE – conduct hearing and consider approval of a Series 10 Beer and Wine Store Alcohol License for Fry's Food & Drug #615 located at 1425 North Higley Road. This item was approved with the Public Hearing Vote. 16.LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Alcohol License for Masa Sushi Gilbert located at 865 North Gilbert Road, Suite 105. This item was approved with the Public Hearing Vote. 17.ANNEXATION A19-07 – consider adoption of an Ordinance approving the annexation of approximately 2.67 acres located at south of the southwest corner of Gilbert Road and Civic Center Drive. A public hearing was held on March 24, 2020. This item was approved with the Public Hearing Vote. Ordinance No. 2755 was adopted. 5 18.GENERAL PLAN GP19-08 / ZONING Z19-20 - conduct hearing and consider: a) adoption of a Resolution approving a Minor General Plan Amendment to change the land use classification of approximately 2.85 acres generally located south of the southwest corner of Gilbert Road and Civic Center Drive from Shopping Center (SC) to Residential >14-25 DU/Acre land use classification; and b) approval of the findings and adoption of an Ordinance for The Carson to rezone approximately 2.85 acres generally located south of the southwest corner of Gilbert Road and Civic Center Drive from Maricopa County Rural-43 (RU-43) to Multi-Family/Medium (MF/M) zoning district with a Planned Area Development (PAD) overlay. Mayor Daniels opened the public hearing on Item 18. Town Clerk Maxwell noted there was correspondence from Jaime Carl and Jaime Hancock Esperson, Gilbert residents, who were against this item. Councilmember Taylor discussed the item, stating the Espersons’ recommendation to enable a left turn was also originally recommended by the applicant, adding the applicant would be supportive of the left-hand turn capability. Mayor Daniels stated she spoke to the Town Engineering Department and it was indicated that a left turn would not be safe due to the curvature of the road in that specific area. Town Traffic Engineer Aaron Pinkerton stated the biggest issue of that location was the sight distance there, stating coming around the corner with southbound vehicles, you would not be able to adequately see to make a left-hand turn movement. He discussed safety, speed, accidents, and U-turns at Cypress and the evaluation of a signal light there. Vice Mayor Anderson noted concerns regarding the sheer volume of traffic in that area, stating if the corner remained Commercial, the sheer volume would be more than it would be if changed to Multi-Family zoning. Mayor Daniels closed the public hearing on Item 18. A MOTION was made by Councilmember Taylor, seconded by Vice Mayor Anderson, to approve item 18. Motion carried 6-0. Resolution No. 4130 and Ordinance No. 2756 were adopted. 19.GENERAL PLAN GP19-04 / ZONING Z19-13 - conduct hearing and consider: a) adoption of a Resolution approving a Minor General Plan amendment to change the land use classification of approximately 11.34 acres generally located at the southeast corner of Val Vista Drive and Mercy Road from General Office (GO) to approximately 5.08 acres of General Commercial (GC) and 6.26 acres of Business Park (BP) land use classification; and 6 b) approval of the findings and adoption of an Ordinance for Mercy Val Vista Center to rezone approx. 11.34 acres generally located at the southeast corner of Val Vista Drive and Mercy Road from General Office (GO) to 5.08 acres of General Commercial (GC) and 6.26 acres of Business Park (BP) zoning district with a Planned Area Development (PAD) overlay. This item was approved with the Public Hearing Vote. Resolution No. 4131 and Ordinance No. 2757 were adopted. 20.GENERAL PLAN GP19-10 / ZONING 19-22 - conduct hearing and consider: a) adoption of a Resolution approving a Minor General Plan Amendment to change the land use classification of approximately 16.62 acres generally located at the northwest corner of Ray Road and San Tan Village Parkway, from Community Commercial (CC) to Residential >8-14 DU/Acre; and b) approval of the findings and adoption of an Ordinance for The Bungalows on Ray to rezone approximately 16.62 acres generally located at the northwest corner of Ray Road and San Tan Village Parkway from Community Commercial (CC) to Multi-Family-Low (MF-L) zoning district with a Planned Area Development overlay zoning district (PAD). This item was approved with the Public Hearing Vote. Resolution No. 4132 and Ordinance No. 2758 were adopted. ADMINISTRATIVE ITEMS 21. 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 There was no discussion. 7 POLICY ITEMS None. FUTURE MEETINGS There may be a discussion of whether to place an item on a future agenda and the date, but not the merits of the item. 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) There was no discussion. COMMUNICATIONS Report from the TOWN MANAGER on current events. Town Manager Banger had no report. Report from the COUNCIL on current events. There was no report. Report from the MAYOR on current events. Mayor Daniels discussed the Town’s upcoming Financial Retreat on April 16, 2020. She referred residents to www.gilbertaz.gov/covid19 to get updates and learn about resources regarding the COVID-19 global pandemic. She said businesses and the public were welcome to participate in business calls on Wednesdays with the Chamber, adding the registration for the meetings was through the Gilbert Chamber of Commerce website. RECESS REGULAR MEETING AND RECONVENE IN EXECUTIVE SESSION A MOTION was made by Councilmember Yentes, seconded by Councilmember September, to recess the Regular Meeting and reconvene in Executive Session pursuant: a) A.R.S. §38-431.03(A)(3) for discussion and consultation for legal advice with Town Attorney regarding the filling of a vacancy in the Office of Councilmember; and b) A.R.S. §38-431.03(A)(1) to discuss the applications for Town Council for a term ending January 2023. 31:19 8 Motion carried 6-0. ADJOURN EXECUTIVE SESSION AND RECONVENE REGULAR MEETING Mayor Daniels reconvened the Regular meeting at 9:09 p.m. ADMINISTRATIVE ITEMS 21A. COUNCIL ADMINISTRATION - discussion, voting, and selection of a Councilmember to fill the vacant Town Council seat with a term ending January 2023. Mayor Daniels announced that the Council was unable to reach a consensus. She stated there would be a new process that would be announced on April 21, 2020 after code requirements and details were determined. This item was tabled and will be discussed at the April 21, 2020 meeting. ADJOURN Mayor Daniels adjourned meeting at 9:10 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 7th day of April, 2020. 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 9