MINUTES OF THE GILBERT TOWN COUNCIL IN REGULAR MEETING

TUESDAY, DECEMBER 20, 2005 AT 7:00 P.M.

50 EAST CIVIC CENTER DRIVE, GILBERT, ARIZONA

COUNCIL PRESENT: Mayor Berman, Vice Mayor Presmyk, Councilmembers Crozier, Krueger, Morrison, Skousen (telephone), and Urie

COUNCIL ABSENT: None

STAFF PRESENT: Manager Pettit, Assistant Manager Skocypec, Clerk Templeton, Attorney Goodwin, Acting Planning Director Edwards, Planning Manager Cadavid, Assistant Fire Chief Jobusch

CALL TO ORDER OF REGULAR MEETING

Mayor Berman called the meeting to order at 7:17 p.m.

INVOCATION AND PLEDGE OF ALLEGIANCE

Pastor Earle of New Life Community Church gave the invocation. Scouts led the Pledge of Allegiance and introduced themselves.

ROLL CALL

Clerk Templeton called roll and declared a quorum present.

PRESENTATIONS; PROCLAMATIONS

1. Proclamation proclaiming December 20, 2005 as Paul J. Schatt Integrity in Journalism Day.

Mayor Berman informed the audience that Mr. Schatt recently passed away and was the editor for the editorial board for the Gilbert Republic. Mayor Berman read a proclamation declaring December 20, 2005 as Paul J. Schatt Integrity in Journalism Day, and presented proclamations to Mrs. Laura Schatt and Mr. Phil Boas. Mr. Phil Boas, Arizona Republic, briefly commented on Mr. Schatt’s contributions to journalism, as well as what a decent and kind man he was. Mayor Berman expressed admiration for Mr. Schatt’s contributions during his 42-year career in journalism and said his career was built on the cornerstone of integrity in journalism.

2. Proclamation declaring December 20, 2005 as Senator Jay Tibshraeny Day, Champion of the Santan Mountains Regional Park.

Mayor Berman read a proclamation declaring December 20, 2005 as Senator Jay Tibshraeny Day, Champion of the Santan Mountains Regional Park, and presented the proclamation to Senator Tibshraeny. Senator Tibshraeny said it was nice to have a day in Gilbert and accepted the proclamation on behalf of the other cities and towns that were involved with the master plan for the park. The citizens had a lot of passion for the park and that enabled him to put a little pressure on Maricopa County. Senator Tibshraeny said the hope is that someday the County funds improvements so the citizens can enjoy the park as they have other facilities in the County. He said the job is on its way but there is a long way to go. Councilmembers Urie and Crozier thanked Senator Tibshraeny for his efforts.

3. Proclamation recognizing Staff Sergeant Daniel L. Figueroa for support of the Mayor’s New Year’s Eve Party and the July 4th Event.

Mayor Berman read a proclamation recognizing Staff Sergeant Figueroa for support of the Mayor’s New Year’s Eve Party and the July 4th Event, and presented the proclamation to Staff Sergeant. Figueroa. Staff Sergeant Figueroa said the Army National Guard would like to reciprocate by offering an award usually reserved for returning soldiers and he presented Mayor Berman with a United States flag. Staff Sergeant Figueroa thanked the community.

4. Proclamations recognizing General Dynamics C4 Systems, Southwest Ambulance, Catholic Healthcare West’s Mercy Gilbert Medical Center, Capital Pacific Homes, Banner Gateway Medical Center, and Arizona Public Service for sponsorship of the Mayor’s New Year’s Eve Party.

Mayor Berman reported there is a New Year’s Eve Party every year in Gilbert and some very generous sponsors pay for the party. Mayor Berman read proclamations recognizing General Dynamics C4 Systems, Southwest Ambulance, Catholic Healthcare West’s Mercy Gilbert Medical Center, Capital Pacific Homes, Banner Gateway Medical Center, and Arizona Public Service for sponsorship of the Mayor’s New Year’s Eve Party, and presented the proclamations.

5. Presentation of Student Citizen of the Month Awards.

Mayor Berman and Councilmember Urie presented Student Citizen of the Month Awards for November to:

Tara Thurman, Celine Nicole Johnson, Justin Webber, Emily Sussman, Tre Shamsiddeen, Jacob Bordenave, Sam Smith, Laura Gillespie, Jennifer Segerson, Emily Minks, Claire Williams, Sandra Martinez, Rachel Harper, Sean Phillips, Anthony Cionci, Alyssa Board, Shaydee Cole, Jaime Robinson, Marcus Lightner, Jordyn Grace, Rhiannon Pabich, Haley Price, Megan Burke, Sydney Sotak, Derek Slusher, Allyson Werner, Amber Booth, Devon Daniel, Amber Wittek, Nicole Webb

6. COMMUNICATIONS FROM CITIZENS

None.

CONSENT CALENDAR

Councilmember Skousen joined the meeting via telephone at 8:20 p.m.

A MOTION was made by Vice Mayor Presmyk, seconded by Councilmember Morrison, to approve Consent Items 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 23, 25, 26, 27, 28, 29, 30, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, and 47 remove Items 13, 24, and 31 from the Consent Calendar; remove Item 22 from the agenda; and add Item 58 to the Consent Calendar; appointing Robert Deardorff, Wahidul Alam, and Donald Clay to the Design Review Board as regular members with terms ending December 8, 2007; and add Item 60 to the Consent Calendar. Motion carried 7-0.

7. ANNEXATION A05-10 – consider adoption of an Ordinance approving the annexation of approximately 4.614 acres located east of the northeast corner of Houston Avenue and Higley Road. A public hearing was held on August 2, 2005.

This item was approved with the Consent Calendar. Ordinance No. 1694 was adopted.

8. AGREEMENT – consider approval of the second year payment to the Microsoft Corporation in an amount not to exceed $228,596.10 for renewal of a multi-year licensing agreement with Microsoft Office off the State Bid List on all PC operating systems and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

9. AGREEMENT – consider approval of a Concessionaire Agreement with Rip City Batting Cages for the batting cages at Freestone Park for the period of January 1, 2006 until January 1, 2012 and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

10. AGREEMENT – consider waiving the bidding requirements and approve an agreement with Information Outsource through December 31, 2008 to provide printing and mailing of utility statements and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

11. INTERGOVERNMENTAL AGREEMENT – consider approval of an Intergovernmental Agreement with the Arizona Department of Transportation for the Western Powerline Trail Phases II and III and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

12. INTERGOVERNMENTAL AGREEMENT – consider approval of an Intergovernmental Agreement with the City of Phoenix to pass through funds for the installation and construction of twenty-nine bus stops and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

13 CONTRACT - consider rejecting all bids and authorize staff to re-issue Request for Proposals for Recycling Processing Services.

Councilmember Crozier briefly discussed the item and said there are problems when there are deviations from the system. In this case, a name was added to the bid list and another was not. This resulted in the need to reject the bids and now the original company with the low bid is in an awkward situation because the price it proposed to the Town are exposed. Councilmember Crozier stressed the need to follow the process.

A MOTION was made by Councilmember Crozier, seconded by Councilmember Urie, to approve Item 13. Motion carried 7-0.

14. CONTRACT – consider approval of a contract with Parsons Brinckerhoff Quade Douglas in an amount not to exceed $249,346 for Architectural and Engineering Services for the Lindsay & Recker Roads Improvement Project, Project ST043, and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

15. CONTRACT – consider approval of a contract with J2 Engineering and Environmental Design in an amount not to exceed $74,208 for Design Services for the Santan Basin Park O and Loop 202 Trail Landscape Improvements, Project PR050, and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

16. CONTRACT – consider approving a correction to the Council Action of October 5, 2004 for an Engineering Design Services Contract with J2 Engineering and Environmental Design to correct the amount of the contract to an amount not to exceed $989,447 and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

17. CONTRACT – consider approval of a contract with Barnes & Associates in an amount not to exceed $30,000 for Legislative Consulting Services and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

18. CONTRACT – consider approval of a two-year contract renewal starting on January 6, 2006 with Pro Tem Judge Timothy Ducar, Karen Kozinets, Gary LaFleur, Alicia Lawler, Elizabeth Olson, Jane Tews, Andrew Turk, and Steven Wiggs and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

19. CONTRACT – consider approval of a contract with SJL Construction of Arizona in an amount not to exceed $3,471,336 for construction of the Turner Ranch Conversion Project, Project WA046, and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

20. CONTRACT – consider approval of a Construction Manager at Risk Guaranteed Maximum Price Construction Services Contract with Hunter Contracting Co. for an amount not to exceed $1,753,524.98 for the Gilbert Commons Lift Station Upgrade, Project WW008, and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

21. CONTRACT – consider approval of a contract with Concast Corporation in an amount not to exceed $151,182 for construction of a Theme Masonry Wall at the frontage of a home development on the east side of Higley Road south of Seville Boulevard and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

22. CONTRACT – consider approval of a Construction Manager at Risk Guaranteed Maximum Price Contract with Pulice Construction, Inc. in an amount not to exceed $10,795,529 for the Reclaimed Water Mains from the Gilbert Water Reclamation Plant to the South Recharge Site, Project WW027, and the Greenfield Road Reclaimed Water Main, Project WW022, and authorize the Mayor to execute the required documents.

This item was removed from the agenda; no action was taken.

23. CONTRACT - consider approval of a Construction Manager at Risk Guaranteed Maximum Price Contract with Haydon Building Corporation in an amount not to exceed $1,832,629.83 for construction of the Higley Road bridge over the Sonoqui Wash, Project ST050, and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

24. GRANT – consider authorizing acceptance of an Urban Area Security Initiative Grant in the amount of $386,000, and approve a Cooperative Purchase Agreement with Five Star Ford for the purchase of two TLO Response Vehicles in an amount not to exceed $90,000.

Councilmember Crozier pointed out that Council received a communication indicating the correct amount of the grant award is $386,000. Councilmember Crozier said some money was for police and fire and other funds were for the Water Treatment Plant and Municipal Center. He questioned whether funds could be used for a network security item that is on the agenda. Assistant Fire Chief Jobusch advised that the funds are to improve the security for the Water Treatment Plant and Municipal Center. Manager Pettit explained that a risk assessment study was done on the facilities and the Town applied for the grant. Improvements to security were made to the Public Safety Complex prior to the completion of construction so there is less vulnerability at those facilities. The funds cannot be transferred to another use and must be used for the use that was applied for in the grant application.

A MOTION was made by Councilmember Crozier, seconded by Councilmember Krueger, to approve Item 24. Motion carried 7-0.

25. CHANGE ORDER – consider approval of Change Order No. 2 with Carter Burgess in the amount of $67,380 for the Pecos Realignment and Improvement Project, Project ST052.

This item was approved with the Consent Calendar.

26. CHANGE ORDER – consider approval of Change Order No. 1 with Metron-Farnier, LLC in the amount of $144,347 for a total contract amount of $2,086,000 for replacement of additional water meters.

This item was approved with the Consent Calendar.

27. PURCHASE – consider approval of the purchase and installation of Upgrade Data911 Police Computers from Data911 Company of California off the State Bid List in an amount not to exceed $126,000 for police car mobile computers and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

28. PURCHASE – consider approval of the purchase of one Crown Stockpicker Truck from Nauman Hobbs in an amount not to exceed $30,000 for the new Fire Resource and Police Property and Evidence Building.

This item was approved with the Consent Calendar.

29. NO ITEM

30. PURCHASE – consider approval of the purchase and installation of hardware and software from the Netapp Company off the State Bid List in an amount not to exceed $156,141 for a second network attached storage divide and larger replacement hard drives for disaster recovery and business continuity.

This item was approved with the Consent Calendar.

31. PURCHASE – consider waiving the bidding requirements and authorize the purchase and installation of hardware and software for streaming video and digital archival of recorded public meetings from Granicus, Inc. in an amount not to exceed $23,000 with a monthly service fee of $975.

Councilmember Skousen asked whether this equipment was the result of Mr. Hollar’s suggestions and the direction that he discuss the issue with Technology Services Director Woolley. Manager Pettit confirmed that this purchase was the result of Mr. Hollar’s suggestion.

A MOTION was made by Councilmember Skousen, seconded by Councilmember Krueger, to approve Item 31. Motion carried 7-0.

32. FINAL PLAT S04-09 – consider approval of the final plat for Copper Ranch located at the southeast corner of Warner and Recker Roads.

This item was approved with the Consent Calendar.

33. FINAL PLAT SP999 – consider approval of the final plat for WKFG-II located north of the northeast corner of Guadalupe Road and Acacia Drive.

This item was approved with the Consent Calendar.

34. MAP OF DEDICATION S04-24 – consider approval of the Map of Dedication for Val Vista Drive, Queen Creek Road and Chestnut Lane.

This item was approved with the Consent Calendar.

35. MAP OF DEDICATION SP1003 – consider approval of the Map of Dedication for the South Area Service Center located at the northwest corner of Queen Creek and Greenfield Roads.

This item was approved with the Consent Calendar.

36. STREETS SP985 – consider approval of the Declaration of Road Right-of-Way and Public Utility Easement for Williams Field Road adjacent to Fire Station #7 and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

37. STREETLIGHT IMPROVEMENT DISTRICT – 05-08 – consider adoption of a Resolution creating Streetlight Improvement District 05-08 for Fuller Commercial Center and ordering the improvements.

This item was approved with the Consent Calendar. Resolution No. 2656 was adopted.

38. STREETLIGHT IMPROVEMENT DISTRICT – 05-09 – consider adoption of a Resolution creating Streetlight Improvement District 05-09 for Highland Groves at Morrison Ranch and ordering the improvements.

This item was approved with the Consent Calendar. Resolution No. 2657 was adopted.

39. STREETLIGHT IMPROVEMENT DISTRICT – 05-10 – consider adoption of a Resolution creating Streetlight Improvement District 05-10 for Freeman Farms, Parcel 1 and ordering the improvements.

This item was approved with the Consent Calendar. Resolution No. 2658 was adopted.

40. STREETLIGHT IMPROVEMENT DISTRICT – 05-11 – consider adoption of a Resolution creating Streetlight Improvement District 05-11 for Freeman Farms, Parcel 2 and ordering the improvements.

This item was approved with the Consent Calendar. Resolution No. 2659 was adopted.

41. STREETS – consider approval of the payment to the Roosevelt Water Conservation District for its costs to relocate its irrigation facilities along Williams Field Road adjacent to Fire Station #7, Project MF017, in an amount not to exceed $488,000.

This item was approved with the Consent Calendar.

42. PERSONNEL/BUDGET – consider authorizing an additional Police Sergeant (Grade 21 $54,215 to $75,900), effective immediately, to the training division for assignment to the Arizona Law Enforcement Academy in Spring 2006.

This item was approved with the Consent Calendar.

43. PERSONNEL/BUDGET – consider authorizing an additional Planner II position, effective immediately, and authorize a General Fund Contingency Transfer of $20,000 to cover costs for the balance of the Fiscal Year.

This item was approved with the Consent Calendar.

44. PERSONNEL – consider acceptance of the Town of Gilbert Medical Plan Annual Report for 2004-2005.

This item was approved with the Consent Calendar.

45. COUNCIL ADMINISTRATION – consider authorizing the Town Attorney to join an Amicus Brief on behalf of Gilbert in the matter of Baca versus the Town of Carefree.

This item was approved with the Consent Calendar.

46. BOARDS AND COMMISSIONS – consider acceptance of the resignation of Carl Jansen from the Arts Advisory Board.

This item was approved with the Consent Calendar.

47. MINUTES – consider approval of the minutes of the Regular Meeting of November 29, 2005 and December 6, 2005.

This item was approved with the Consent Calendar.

PUBLIC HEARINGS

Vice Mayor Presmyk reported that there was a request to speak on Item 50.

Mayor Berman opened the public hearing for items 48, 49, 51, 52, 53, and 54. No one wished to speak and Mayor Berman closed the public hearing.

A MOTION was made by Vice Mayor Presmyk, seconded by Councilmember Morrison, to approve public hearing items 48, 49, 51, 52, 53, and 54. Motion carried 7-0.

48. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for Clubhouse Sports Grill located at 1686 North Higley Road, Suite 101.

This item was approved with the Public Hearing vote.

49. LIQUOR LICENSE – conduct hearing and consider approval of a Series 10 Beer and Wine Store Liquor License for Express Gas and Foodmart located at 805 North McQueen Road.

This item was approved with the Public Hearing vote.

50. ANNEXATION A05-21 – conduct hearing on the annexation of approximately 82 acres located at the northwest corner of Williams Field and Lindsay Roads.

Planning Manager Cadavid reviewed the proposed annexation of approximately 82 acres located at the northwest corner of Williams Field and Lindsay Roads. The hearing tonight is to take public input. This is a County subdivision that has requested to be annexed into Gilbert. The property would be the subject of a future zoning case to bring the property to a comparable zoning district. The Planning Department advertised the public hearing, posted the property, and notified the 32 property owners.

Councilmember Urie asked what percentage of the neighbors had signed the petitions. Planning Manager Cadavid briefly discussed the annexation requirements and said 16 property owners needed to sign and there also needs to be 50 percent of the assessed valuation. Manager Pettit pointed out that no petitions are available for signature until after the required public hearing. Manager Pettit advised more than 50 percent of the properties and more than 50 percent of assessed value is needed to annex. Councilmember Skousen clarified that 17 property owners need to sign and said he had lived in the subdivision from 1971 to 1975. Gilbert’s strip annexation kept Chandler from annexing the area.

Mayor Berman opened the Public Hearing. Thomas Russo, 14227 East Pony Lane, Gilbert, addressed Council and explained that he had appeared on several occasions related to proposed annexations. Previously, properties were included in proposed annexations that were not in Palomino Acres. Mr. Russo expressed concern over the way the annexations are being handled and said he feels there is strong-arming related to Rural Metro leaving the community. Mr. Russo said residents will still have the County sheriff and that the annexation meetings are more coercion and intimidation. He said he cannot take that there will not be fire protection and feels there may be some moral obligation. Mr. Russo said that two representatives from District 22 said there will be proposed legislation that will be introduced next year related to fire services and he feels there is pressure to say hurry up or you won’t get in. Mr. Russo urged Council to shelve the annexation until it is known what is happening with legislation.

Mayor Berman commented on the time it takes to annex and that to complete the process by July and said the process needs to be started by early February. Mayor Berman briefly commented on Gilbert’s current mutual aid agreement with Rural Metro and said Gilbert does not sell contract fire services. Mr. Russo said legislation would address the fire service. Councilmember Urie reported that Gilbert residents have said they do not want to pay for services in the County. Mr. Russo said nobody is asking for anything for free. Mayor Berman confirmed that Gilbert does not offer or sell municipal services outside the Town. Councilmember Urie said that he is not sure how many people want to annex and he may not support a split vote. Mayor Berman discussed similar issues that are occurring in Litchfield Park and advised that Litchfield Park is requiring that property meet Litchfield Park standards before annexation. Mr. Russo asked that Council suspend a vote until after the holidays. Vice Mayor Presmyk clarified that Council is not taking a vote but is starting the process. The deadline in February is not imposed by Gilbert and is required by State law. The timing was determined by the date Rural Metro is leaving Gilbert. All Gilbert can do is provide all County residents the same opportunity. Gilbert is waiving fees that would normally be charged. Councilmember Morrison asked when annexation petitions need to be turned in and Manager Pettit advised that State law allows a maximum of one year to get the minimum number of required signatures. Discussion followed on proposed legislation and that legislation may not be approved and as a result some people will be forced beyond the time it takes to annex.

Rich Overfield, 13817 East Morgan, Gilbert, advised that he lives adjacent to the area. Mr. Overfield said that Gilbert sells some services and the County residents get water from Gilbert. Councilmember Morrison explained that water is an enterprise and utility fund and is self-supporting. Water has been something that has been provided since 1981 when water was extended to the County islands. Mr. Overfield asked questioned why the County residents could not afford the service. Vice Mayor Presmyk discussed the history of subscription payment for fire services in County areas being less that 50 percent. Mayor Berman said Chandler is providing fire service to one area and less than 50 percent of the residents are paying for the service. Councilmember Urie pointed out that costs being proposed by the legislators would be a new tax. When he annexed to Gilbert his bill actually went down. Mayor Berman said there is a common perception that when residents annex they will lose something they can’t explain. Mr. Overfield said the perception is that Gilbert will propose sewer and require that residents hook up. Councilmember Urie shared his experience with septic tanks and said that he has two neighbors that have replaced septic tanks and leach fields. The Town has not required streetlights or sidewalks in his neighborhood. Gilbert will welcome him if he wants to annex. Mayor Berman said providing service to County islands will be a problem. He explained how many County island areas do not meet Town standards and there are potential hazards to personnel and equipment. Gilbert is taking the areas that want to annex like they are but will enforce codes to keep people safe. Gilbert has first class Fire and Police Departments. Councilmember Morrison explained the current mutual aid agreement the Gilbert Police Department has with the Sheriff’s Department. He briefly discussed taxes and common misunderstandings about taxes. Councilmember Crozier said there is a meeting tomorrow evening at Weinburg Elementary School and it is a good time to get questions answered. Mr. Overfield said one staff member said that once Rural Metro pulls out people may not be able to get mortgages and Councilmember Urie said that is not true. Councilmember Skousen pointed out several County areas that annexed to Gilbert and have remained the same since they were annexed. He suggested Mr. Overfield check out the areas. Mayor Berman said the only big improvement residents would see is the addition of fire hydrants.

No one else wished to speak and Mayor Berman closed the Public Hearing.

This item was a public hearing only; no action was taken.

51. SOLID WASTE – conduct hearing and consider adoption of a Resolution increasing solid waste service rates effective February 1, 2006.

This item was approved with the Public Hearing Vote. Resolution No. 2660 was adopted.

52. WATER – conduct hearing and consider finding that it is necessary to increase Hydrant Water Service Rates, direct staff to publish a notice to change Hydrant Water Service Rates effective March 1, 2006, and establish the meeting of January 24, 2006 as a date of public hearing and proposed adoption of increased Hydrant Water Service Rates.

This item was approved with the Public Hearing Vote.

53. CAPITAL IMPROVEMENT PLAN/PROGRAM – conduct hearing and consider adoption of the 2006-2011 Capital Improvements Program and Plan.

This item was approved with the Public Hearing Vote.

54. SYSTEM DEVELOPMENT FEES – conduct hearing and consider adoption of a Resolution declaring the report “Town of Gilbert – System Development Fee Report – December 2005” a public document and direct staff to publish Notice of Intention to increase and set dates for the required public hearing to increase System Development Fees.

This item was approved with the Public Hearing Vote. Resolution No. 2661 was adopted.

ADMINISTRATIVE ITEMS

55. CAPITAL PROJECTS – consider authorizing staff to proceed with reconstruction of Fire Station #2 located at Guadalupe Road on the existing site, and the Design-Build alternate project delivery method.

56. CAPITAL PROJECTS – consider authorizing staff to proceed with Design-Build of a new Five-Bay Fire Station #3 on Guadalupe Road, west of Freestone Parkway.

Manager Pettit reported that when staff began the Capital Projects process in June the state of the Fire Station #2 building was discussed. The conditions have not changed and there is a need for a four bay, two-company fire station. Banner Hospital is proceeding with its hospital on Higley Road. Council referred the issue to the Council Subcommittee on Fire Services for review. There was a request by the Council Subcommittee on Fire Services for information on a temporary facility. Manager Pettit said the Subcommittee recommended rebuilding on the site near the Water Treatment Plant. The staff recommendation is to relocate Fire Department staff to the Warner Road Fire Station and continue mutual aid with the City of Mesa. Manager Pettit explained that there is an opportunity to accomplish all the work at one time.

Councilmember Crozier commented on the structural issues at Fire Station #2 and the amount of money it would cost to attempt to correct the problems. He discussed similar issues he has with his residence, experts he spoke with, and cost estimates for repairs. Councilmember Crozier said Fire Station has similar issues and there is a concern that even after repairs are made there could be problems. It does not seem smart to put more money into something that would not meet the needs of the Fire Department. There is also a window of opportunity to coordinate with Water Treatment Plant improvements. Councilmember Urie questioned how the facility got to this state. Manager Pettit advised that this is not preventative maintenance issue but rather how the facility was constructed. At the time the Fire Station was constructed, there was a different standard. Gilbert now constructs to different standard based upon 2005 standards. The facility is not holding up and since there is a need to add two more bays it seems better to build what is needed. Councilmember Urie discussed expansive soil and actions he has taken at his residence to avoid problems. He expressed concern that someone had not taken care of the property and discussed mold and mildew and the different abatement needed for each. Manager Pettit advised he did not read the report and could not comment on the type of mold. Discussion followed on roof repairs. Councilmember Crozier advised that he examined the facility with the Fire Department and a lot of the roof problems resulted from foundation problems. Discussion continued on expansive soils and roof repairs. Councilmember Crozier explained that repairs were made to the roof and then other problems occurred. The stem wall dropped causing additional roof problems. The floor also slopes due to the stem wall dropping. Councilmember said the building was a poor design and pointed out that a lot more is known today about expansive soils.

Councilmember Urie questioned what would prevent this from happening again and said he feels some problems may be related to preventative maintenance. He wants to be sure tax dollars are spent wisely. Councilmember Krueger said when the issue came forward she was extremely skeptical and needed to be educated. She discussed that when all is said and done there are issues and there is a need for a four bay station according to the experts who are employed in fire services. A four bay operation is needed and cannot be done using the same facility. The construction costs going up at a rapid rate. The Subcommittee decided to bring the issue to Council and talked about possible ways to mitigate the problems and make sure it does not happen again. She said this is a huge cost and nobody is happy but it needs to be done. Councilmember Skousen said he appreciates Councilmember Urie’s concerns but in looking at the need to expand, he feels expanding the structure would be like putting a nice home attached to a mobile home. He said it is time to tear the building down, rebuild, and make sure things do not happen again. Councilmember Skousen said he is not sure if it would be more costly to expand the current structure. He said that the Fire Station on Lindsay Road can be used by other departments if Fire Station #3 is moved to Guadalupe Road. Councilmember Morrison said the Subcommittee looked at a four bay station and other sites and concluded that if the Fire Station was moved to another site it would affect response times and the diamonds that dictate where Fire Stations should be built. He discussed construction standards and post tensioning and said that he supports rebuilding so equipment now and in the future is supported by the floor.

Vice Mayor Presmyk said while he is not pleased with replacing the structure there are problems. However, they are not caused by shoddy maintenance. The design may have been poor or prepared under different standards than apply today. The issue was referred to a Council Subcommittee and the Subcommittee examined the issue and looked at options. He said demolition and construction is the recommendation of the Subcommittee and he feels Council should proceed. Councilmember Urie commented these were the only items he voted against. He feels a nine month construction period is very optimistic and questioned whether Gilbert approached Mesa on automatic aid. Manager Pettit advised that Mesa is aware is ready to go forward with automatic aid. Mayor Berman said this was a mistake and nobody thought this would happen. He does not want to have to rebuild again in 15 years. Manager Pettit advised that when the original Fire Station was constructed there were no plans for a hospital to be built one mile to the north. At the time Fire Station #2 was constructed it met the codes and standards that applied at the time. Since that time, the codes and standards have changed and the Fire Station is designed to a 50 to 100 year essential public service facility standard. He said that based upon what is known today about land uses, this is an appropriately sized facility to handle what is planned for that service area. Councilmember Krueger said if large changes are made to the General Plan it would change the need. As long as things stay within the same density and demographic the new Fire Station #2 would be adequate. Mayor Berman suggested there be a little space for growth.

Vice Mayor Presmyk questioned the cost for demolition and differences in the cost for the two fire stations. Manager Pettit estimated demolition at less than $40,000 and said he would need to research the square foot cost differences between Station #2 and Station #3. Discussion followed on reuse of Fire Station #3. Manager Pettit advised that the facility could be used for radio maintenance and installation or for traffic operations. If the facility is opened up to other ideas there would be additional options. Councilmember Crozier briefly commented on changes in fire services over the past 12 to 15 years including staffing, equipment size, and other requirements.

A MOTION was made by Vice Mayor Presmyk, seconded by Councilmember Krueger, to authorize staff to proceed with reconstruction of Fire Station #2 located at Guadalupe Road on the existing site, and the Design-Build alternate project delivery method. Motion carried 7-0.

A MOTION was made by Councilmember Krueger, seconded by Councilmember Urie, to authorize staff to proceed with Design-Build of a new Five-Bay Fire Station #3 on Guadalupe Road, west of Freestone Parkway. Motion carried 7-0.

57. TRAFFIC – status report of south area Gilbert traffic control.

Manager Pettit said that this was a status report on four way stops and traffic congestion in southeast Gilbert. Some temporary signals have been activated and more signals would be installed over the next six to eight months. It is still a challenge to get officers to stand at four way stops. As indicated in a recent newspaper article on the opening of the Santan Freeway to Gilbert Road, the number one challenge that started this week is accessing the Santan Freeway on Gilbert Road. The biggest challenge is to get people not to use Germann Road. Gilbert is requesting residents use Queen Creek and Ray Roads for east-west traffic and Lindsay and Higley Roads for north-south traffic.

A brief discussion followed on additional temporary traffic lights. Manager Pettit reported that most intersections are scheduled for permanent signals. Police officers are not at all intersections but rather at eight key intersections. The cost of a temporary signal is $40,000 to $50,000. There was support for additional temporary traffic signals if nothing is planned in the near future rather than using off duty police officers at intersections. The Council acknowledged that there are a lot of unhappy citizens.

58. BOARDS AND COMMISSIONS – consider appointing three individuals to the Design Review Board with terms ending December 18, 2007.

This item was approved with the Consent Calendar. Robert Deardorff, Wahidul Alam, and Donald Clay were appointed to the Design Review Board with terms ending December 18, 2007.

59. BOARDS, COMMISSIONS, AND COMMITTEES reports from Council Liaisons for the:
a) Council subcommittee on Boards and Commissions
b) Arts Advisory Board
c) Building and Construction Regulations Code Board of Appeals
d) Community Activities Board
e) Congress of Neighborhoods Committee
f) Design Review Board
g) Economic Development Advisory Board
h) Gilbert Educational Cable Access Governing Board.
i) Human Relations Commission
j) Mayor’s Youth Advisory Committee
k) Parks and Recreation Advisory Board
l) Planning Commission
m) Redevelopment Commission
n) Gilbert Public Facilities MPC
o) Gilbert Water Resources MPC
p) Gilbert Self-Insured Trust Fund
q) Regional Meetings

Vice Mayor Presmyk reported that the Subcommittee finished interviews for the Design Review Board.

Councilmember Morrison said the Arts Advisory Board meets in January.

Mayor Berman reminded everyone that the Community Activities Board would hold the Mayor’s New Year’s Eve Party on December 31 at the McQueen Park Activity Center beginning at 8:00 p.m. The party will be the best family party in Arizona and will have professional entertainers. The cost is $5.00 per family and it will be a safe, clean, and family friendly event.

Councilmember Krueger reported that the Design Review Board met last week and looked at the first design of the Harkins Theaters. The Design Review Board will meet on January 12.

Councilmember Urie reported that the Economic Development Advisory Board reviewed the Rome Towers project and it is nice to see a project like this.

Councilmember Crozier said that the Human Relations Commission met and Council would see more information on the MLK event in January.

Vice Mayor Presmyk advised that the Mayor’s Youth Advisory Committee was recognized by Southwest Airlines at a recent Sun’s Game. MYAC finished the Youth Town Hall and will bring results to Council in January or early February.

Councilmember Urie said Council approved the environmental design for an equestrian park and trail for Loop 202 tonight.

Councilmember Skousen reported that the Redevelopment Commission voted to pass on two proposals for the old Boys and Girls Club and the proposals would be before Council in January. The Commission had a lengthy discussion and did a good job.

Vice Mayor Presmyk said that the Health Insurance Trust met a week ago and composed a group of questions for the group that manages the medical plan. They will meet again in February and March so they can provide the Manager and Council with information for the budget process.

Councilmember Crozier reminded Council there is an annexation meeting at Weinburg Elementary tomorrow night. The Council Subcommittee on Compensation has been meeting and gathering information and is looking at the data to present some type of long term plan.

Vice Mayor Presmyk said that in addition to the annexation open houses there are six to eight meetings scheduled with County island residents. Council is serious about meeting with residents that wish to discuss annexation. The Council Subcommittee on Parks and Recreation Services held a second meeting with members of the Sports Coalition with the intent to reactivate the Sports Coalition. Both meetings were well attended by Council and participants.

POLICY ITEMS

60. POLICY NO. 2006-1 – consider adoption of Policy Statement No. 2006-1 to allow purchases from Councilmembers without bidding.

This item was approved with the Consent Calendar. Policy Statement No. 2006-1 was approved.

FUTURE MEETINGS

None.

COMMUNICATIONS

61. Report from the MAYOR on current events.

Mayor Berman said this is a time of family and togetherness. He wished everyone a very happen holiday season.

62. Report from members of the COUNCIL on current events.

Councilmember Urie said he would an update on the status of the RFQ for an Equestrian and Special Events venue.

Councilmember Morrison said there is plenty of parking for the mayor’s New Year’s Eve Party at McQueen Park Activity Center. Manager Pettit advised that parking is also available at Playa del Rey Elementary School adjacent to McQueen Park Activity Center.

63. Report from the TOWN MANAGER on current events.

Manager Pettit thanked Council for its support of staff for another year. He said 2006 looks extremely promising and challenging. In addition to tomorrow’s meeting at Weinburg Elementary School, three additional open houses have been scheduled in January.

Manager Pettit expressed appreciation on behalf of Town staff for all Council does to make Gilbert special.

ADJOURNMENT

A MOTION was made by Vice Mayor Presmyk, seconded by Councilmember Morrison, to adjourn the meeting. Motion carried 7-0.

Mayor Berman adjourned the meeting at 9:50 p.m.

ATTEST:

Steven M. Berman, Mayor

Catherine A. Templeton, CMC, Town Clerk

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