Council Regular/Special Meeting

COUNCIL MEETING AGENDA September 1, 2020 Members may attend in person or by telephone. Scott Anderson, Mayor ● Yung Koprowski ● Scott September ● Bill Spence ● Jared Taylor ● Kathy Tilque ● Aimee Yentes Regular Meeting 9/1/2020 6:30:00 PM Municipal Center I, Council Chambers 50 E Civic Center Drive Gilbert, Arizona AGENDA ITEMS MAY BE DISCUSSED IN A DIFFERENT SEQUENCE. ITEMS WILL NOT BE DISCUSSED PRIOR TO POSTED MEETING TIME. Executive Session will be held at the end of the Council meeting. ADDENDUM Upon a public majority vote of a quorum of the Town Council, the Town Council may hold an executive session for legal advice on any item listed on this agenda pursuant to A.R.S. § 38-431.03(A)(3). This notice is given pursuant to A.R.S. § 38-431.02. PRESENTATIONS; PROCLAMATIONS 1A COUNCIL ADMINISTRATION - consider Nomination and Selection of Vice-Mayor. 1B RECOGNITION - Recognition of Scott Anderson for his service as Vice Mayor for the Town of Gilbert. CONSENT CALENDAR 2A RISK MANAGEMENT – consider adoption of a Resolution authorizing the Town to defend and indemnify current and former Town employees for and against all  expenses; including attorney’s fees and judgments, fines, amounts paid in settlement actually and reasonably incurred in connection with various pending lawsuits against the Town and/or its employees. 2B HUMAN RESOURCES - consider a motion to authorize the Mayor to execute Amendments to the following Employment Agreements: a) Amendment to Employment Agreement No. 2012-1002-0084 with Town Manager Patrick Banger with an effective date of June 1, 2020; b) Amendment to Employment Agreement No. 2018-1004-0102 with Town Attorney Christopher Payne with an effective date of June 1, 2020; and c) Amendment to Employment Agreement No. 2017-1003-0644 with Town Clerk Lisa Maxwell with an effective date of June 1, 2020. PUBLIC HEARING 7 ZONING Z20-04 - conduct hearing and consider adoption of an Ordinance amending the Town of Gilbert Ordinance No. 2756 pertaining to The Carson Planned Area Development (PAD); amending the Development Plan and the conditions of development for property consisting of approximately 2.85 acres, located south of the southwest corner of Gilbert Road and Civic Center Drive; to relocate buildings and project amenities, and modify landscaping and fencing along the southern property boundary. RECESS REGULAR MEETING AND RECONVENE IN EXECUTIVE SESSION Pursuant to A.R.S. §§ 38-431.03(A)(1), (3), legal advice from the Town Attorney and discussion regarding a complaint concerning the Town Personnel Rule prohibiting Town employees’ expression of political opinions in their roles as representatives of the Town of Gilbert. ADJOURN EXECUTIVE SESSION AND RECONVENE REGULAR MEETING MEETING ACCESS Due to the ongoing impacts of the COVID-19 pandemic, which have prompted declarations of a public health emergency at the local, state, and federal levels, members of the public will either be able to attend Town Council meetings in person or participate remotely. The number of people allowed in the Council Chambers will be limited to ensure physical distancing as required by the Governor’s Stay Healthy, Return Smarter, Return Stronger Executive Order (E.O. 2020-36) and as recommended by both the Centers for Disease Control and the Arizona Department of Health Services. Admittance to the Council Chambers will be on a first come, first served basis. Anyone who arrives after the Council Chambers is at capacity will be able to participate in the public meeting in the lobby or elsewhere via one of the various remote options. Members of the public attending these meetings in person will be required to wear a face covering as mandated by Maricopa County pursuant to its order dated June 19, 2020. For any members of the public who decide to participate in the public meeting in the lobby, a staff member will ask whether anyone wishes to address the public body both prior to the Communications from Citizens agenda item and prior the Public Hearing agenda item. Those members of the public in the lobby wishing to address the public body, if any, will then be escorted into the Council Chambers one by one and will be given the opportunity to address the public body. Please be aware that these measures are in place to limit the need for members of the public to participate in a large public gathering, while ensuring that the discussions, deliberations, and actions taken in public meetings in the Town of Gilbert are transparent and conducted openly in compliance with Arizona law. For those who do not wish to attend in person, the public will also be able to fully participate in public meetings remotely through various technological means, as permitted under Arizona law. Additionally, items on agenda may be shortened, continued to a future public meeting, or taken out of order. Moreover, participants will be allotted a limited amount of time to speak at public meetings (the exact amount of time will be determined at the meeting by the Mayor depending on the number of participants, as permitted by Town Code and state law). Remote Viewing For those who want to view Town Council meeting without attending in person or addressing the public body, the meeting will be broadcast on Cox Channel 11 (for Gilbert residents with cable service) and a live stream of the meeting will be broadcast online at https://gilbertaz.gov/gilbertlive. These meeting are also recorded and available for view anytime on the Gilbert Live website. In addition, the Town has made a number of resources available that would allow the public to address the public body remotely during public meetings. Any member of the public who wishes to address the public body at Town Council meetings can choose any of the following options. Email Members of the public who wish to address the Town Council via email will need to send their comments to councilmeeting@gilbertaz.gov no later than 5 p.m. the day before the Town Council meeting. All emails received by this deadline will be distributed to members of the public body for their review and consideration, (and not read aloud at the meeting). Emails sent after this 5 p.m. deadline will not be distributed to members of the public body or read aloud at the meeting. In the email, please identify your name, city/town of residence, and either state that your comment pertains to the Communications from Citizens section of the public meeting or identify the particular Public Hearing item that your comments concern. Online Comment Card At least one hour before the Town Council meeting, submit an online public comment card and indicate whether you are for or against the public hearing item. Online comment cards not submitted by the deadline will not be read at the meeting. Listening Via Conference Line/Addressing the Public Body Telephonically A conference line will be available in order to listen to Town Council meetings if you are not able to view the meetings on Cox Channel 11 or on the Gilbert Live website. The conference line number and access code are listed below: +1-415-655-0001 Access code: 133 178 5490 Members of the public who wish to address the public body telephonically during either the Communications from Citizens or the Public Hearing sections of the meeting at Town Council meetings will need to call the phone number listed on the meeting’s published agenda at least one hour before the meeting to have your name placed on a call back list. During the meeting, Town staff will call those who have registered, and the call will be streamed through the Council Chamber audio system. WebEx Online Meeting Platform Members of the public, applicants, and Town staff will also have the availability to participate in Town Council meetings via WebEx in order to give presentations during the Communications from Citizens and the Public Hearing sections of the meeting. If you would like to address the public body via the WebEx platform, you must register for the public meeting before it begins. WebEx registration links will be available on the published agendas. Pre-registration allows Town staff to have your information ahead of time and ensure that you are called on at the appropriate time. The WebEx registration link is: https://gilbertaz.webex.com/gilbertaz/onstage/g.php?MTID=e47501968042b1bc5141 2ae4cd2a40445 If you are not able to pre-register on WebEx, you may still have the opportunity to participate via WebEx and would need to let the WebEx moderator know when you log- on that you wish to present at the meeting. However, you must log-on and register before the public body calls the agenda item that you wish to address. Once the public body discussed an agenda item, it is closed to further discussion and will not be reopened. If you have any issues accessing the WebEx platform, the link to WebEx technical support is below.  WebEx Technical Support (1-866-229-3239) PLEASE NOTE: The following conference line below will only be utilized if the above-mentioned WebEx link and toll-free number become unavailable or if issues occur with the WebEx platform. This link will be operational within 15 minutes of WebEx becoming unavailable. We encourage all residents who wish to participate in the Council Meeting to pre-register for both platforms. Microsoft Teams Online Meeting Platform The Microsoft Teams link is: Join Microsoft Teams Meeting (Backup Only) If you have any issues joining the Microsoft Teams platform, the link to Microsoft technical support is below.  Joining Microsoft Teams AGENDA ITEM CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE The invocation may be offered by a person of any religion, faith, belief or non-belief, as well as Councilmembers. A list of volunteers is maintained by the Town Clerk and interested persons should contact the Clerk for further information. Mayor invites all scouts present to the front of the Council Chambers. Pledge of Allegiance and introduction and recognition of scouts. Invocation by Pastor Trey Richardson of Center Church. ROLL CALL PRESENTATIONS; PROCLAMATIONS 1 COUNCIL ADMINISTRATION - Resolution of appreciation for Mayor Jenn Daniels. COMMUNICATIONS FROM CITIZENS At this time, members of the public may comment on matters within the jurisdiction of the Town but not on the agenda. The Council’s response is limited to responding to criticism, asking staff to review a matter commented upon, or asking that a matter be put on a future agenda. CONSENT CALENDAR All items listed below are considered consent calendar items and may be approved by a single motion unless removed at the request of Council for further discussion/action. Other items on the agenda may be added to the consent calendar and approved under a single motion. 2 CONTRACT – consider approval of: a) Construction Services Contract No. 320000424 with Overton Builders, LLC in an amount not to exceed $390,433 for the Trash Compactor Enclosure at Vaughn and Elm Streets, Project No. RD2140, and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the Environmental Services - Commercial Contingency Fund to Project No. RD2140 in the amount of $180,000. 3 CONTRACT – consider approval of Job Order No. 6 to Job Order Contract (JOC) Contract No. 320000098 with Felix Construction, Inc. in an amount not to exceed $1,682,113.80 for the North Water Treatment Plant Filter Rehabilitation - Phase 2, Project No. WA1550, and authorize the Mayor to execute the required documents. 4 CHANGE ORDER – consider approval of Change Order No. 3 to Contract No. 319000636 with Marc Taylor, Inc. increasing the contract amount by $196,050 for updates to Gilbert Regional Park Master Plan and Desert Sky Park Master Plan, Project Nos. PR0310 and No. PR0320, and authorize the Mayor to execute the required documents. 5 CHANGE ORDER – consider approval of Change Order No. 1 to Contract No. 319000639 with Kimley-Horn & Associates, Inc. increasing the contract amount by $208,050 to provide Architect/Engineering Services for the Desert Sky Park Master Plan Update, Project No. PR0320, and authorize the Mayor to execute the required documents. 6 CHANGE ORDER – consider approval of Change Order No. 4 to Contract No. 319000749 with Dig Studio increasing the contract amount by $286,660 to provide Architect/Engineering services for the Gilbert Regional Park Master Plan Update, Project No. PR0310, and authorize the Mayor to execute the required documents. 8 COUNCIL ADMINISTRATION- consider adoption of the Council meeting schedule for Calendar Year 2021 9 MINUTES – consider approval of the minutes of Special Meetings of August 18, 2020 - 3 p.m. and August 18, 2020 - 4:00 p.m. PUBLIC HEARING Items will be heard at one Public Hearing; at which time anyone wishing to comment on a Public Hearing Item may do so. Comments will be heard from those in support of or in opposition to an item. Hearings are noticed for 6:30 p.m. In order to comment on a Public Hearing Item, you must fill out a public comment form, indicating the Item Number on which you wish to be heard. Once the hearing is closed, there will be no further public comment unless requested by a member of the Council. After the Public Hearing, the Council may act on all items not requiring additional staff, public, or Councilmember comment with a single vote. 10 LIQUOR LICENSE – conduct hearing and consider approval of a Series 10 Beer and Wine Store Alcohol License for Aldi located at 1801 East Pecos Road. 11 LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Alcohol License for Howler's Restaurant and Sports Bar located at 1026 South Gilbert Road. ADMINISTRATIVE ITEMS Administrative Items are for Council discussion and action. It is to the discretion of the majority of the Council regarding public input requests on any Administrative Item. Persons wishing to speak on an Administrative Item should complete a Request to Speak Form and indicate the Item they wish to address. Council may or may not accept public comment. 12 BOARDS AND COMMISSIONS – consider appointment to the Planning Commission of: a) three regular members with terms beginning September 30, 2020 and ending September 29, 2024; b) one regular member to fill the remainder of a term beginning September 30, 2020 and ending September 29, 2023; c) one regular member to fill the remainder of a term beginning September 30, 2020 and ending September 29, 2022; and d) two alternate members with terms beginning September 30, 2020 and ending September 29, 2021. 13 BOARDS, COMMISSIONS, AND COMMITTEES - reports from Council Liaisons for the: a) Council Subcommittees b) Ad Hoc Committees c) Regional Meetings d) Industrial Development Authority e) Mayor’s Youth Advisory Committee  f) Parks and Recreation Board g) Planning Commission h) Police and Fire Public Safety Personnel Retirement System (PSPRS) Local Pension Boards i) Redevelopment Commission j) Town of Gilbert, AZ Deferred Compensation Trust Board k) Town of Gilbert, AZ Public Facilities Municipal Property Corporation l) Town of Gilbert, AZ Self-Insured Trust Fund for Health Benefits m) Town of Gilbert, AZ Self-Insured Trust Fund for Worker’s Compensation n) Town of Gilbert, AZ Water Resources Municipal Property Corporation o) Utilities Board p) Veterans and Military Advisory Board POLICY ITEMS 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. COMMUNICATIONS Report from the TOWN MANAGER on current events. Report from the COUNCIL on current events. Report from the MAYOR on current events. ADJOURN NOTICE TO PARENTS: Parents and legal guardians have the right to consent before the Town of Gilbert makes a video or voice recording of a minor child. A.R.S. 1-602.A.9. Gilbert Council Meetings are recorded and maybe viewed on Channel 11 and the Gilbert website. If you permit your child to participate in the Council Meeting, a recording will be made. If your child is seated in the audience your child may be recorded, but you may request that your child be seated in a designated area to avoid recording. Please submit your request to the Town Clerk.