MINUTES OF THE GILBERT TOWN COUNCIL IN REGULAR MEETING

TUESDAY, FEBRUARY 28, 2006 AT 7:00 P.M.

50 EAST CIVIC CENTER DRIVE
GILBERT, ARIZONA

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

COUNCIL ABSENT: None

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

CALL TO ORDER OF REGULAR MEETING

Mayor Berman called the meeting to order at 6:00 p.m.

A MOTION was made by Vice Mayor Presmyk, seconded by Councilmember Morrison, to recess the Regular Meeting and reconvene in Executive Session pursuant to A.R.S. §38-431.03, A-3 for consultation for legal advice with the attorney of the public body related to providing Municipal Fire Services outside the corporate limits of the Town of Gilbert and related legislation. Motion carried 6-0.

Councilmember Crozier arrived during the Executive Session at approximately 6:30 p.m.

ADJOURN EXECUTIVE SESSION AND CONVENE REGULAR MEETING
Mayor Berman reconvened the Regular Meeting at 7:34 p.m.

INVOCATION AND PLEDGE OF ALLEGIANCE

Pastor Connelly of Superstition Springs 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. Presentation of State of the Town by Mayor Berman.

Mayor Berman gave the State of Town address prior to the Council meeting being reconvened.

2. Oath of Office administered to Stan Strom for the Town of Gilbert, Arizona Water Resources Municipal Property Corporation and Richmond Vincent for the Community Activities Board.

Mr. Strom and Mr. Vincent were unavailable and Mayor Berman advised that the Oaths of Office would be given at a future meeting.

3. Proclamation declaring March 1 through March 31, 2006 as Red Light Running Awareness Month.

Mayor Berman read a proclamation declaring March 1 through March 31, 2006 as Red Light Running Awareness Month and presented the proclamation to Acting Police Chief Dorn. Acting Chief Dorn briefly commented on the importance of the issue and said too many lives have been lost as a result of traffic accidents. Mayor Berman commented on a resident who lost their son in a red light running traffic accident.

Charles Canfield, 1255 West Carla Vista Drive, Chandler, submitted a request to speak but was not available to accept the proclamation.

4. Student Citizen of the Month Awards.

Mayor Berman and Councilmember Skousen presented Student Citizen of the Month Awards for January to:

Andrew Whitbeck, Elisha Ross, Alexander Wimbish, Janelle Nelson, Hannah Sych, Angela Bailey, Idrys Durrani, Nichole Letner, Emily Brimhall, Aubrey Ward, Megan Pemberton, Robert Cordero, Braxton Warren, Josh Gnadt, Melissa Nunez, Spencer Garrod, Stephanie Canzano, Paige Webb, Karla Elias-De Ando, Teal Bradford, Hector Romero, Tyler Clemens, Henry Chong, Kalyn Nguyen, Cameron Labban, Conner Stapley, Paige Rogers, Skyler Dole, Daniel Coyle, Brett Judy, Taylor Hawker, Kelly Evans, Erin Pezzopane

5. COMMUNICATIONS FROM CITIZENS

Dana Nance, 17459 East Flintlock Drive, addressed Council and explained that he lives in the Chandler Heights area and is part of the Citrus Irrigation District that was formed in 1929. Mr. Nance said that the residents are asking to bid for annexation to Queen Creek and moving the boundaries of the IGA with Queen Creek. Mr. Nance discussed a change that was made to accommodate the Seville development so the entire development was located in Gilbert. Mail delivery to the area is from Queen Creek. Mr. Nance requested that an agenda item be scheduled to discuss the issue and noted that 72% of the residents are on board with the requested change. Maryann Adragna, 17459 East Flintlock Drive, and Melissa Apergis, 17505 East Sunnydale Drive, submitted requests to speak and request time be donated to Mr. Nance.

Kent Manneth, 313 South Ironwood, Gilbert, addressed Council and said that he is a member of the Gilbert Parents Chess Alliance that brings chess to children in schools, runs tournaments, games, and camps. The group seeks to broaden and develop chess. The Gilbert Parents Chess Alliance has filed paperwork to obtain a non-profit status and most of the work is done by volunteers. The Arizona Scholastic Chess Tournament is being held on April 29 and 30 at Gilbert High School. The event is being staffed by volunteers from the community. The competition is an all day competition for 90 children and their parents and the community is welcome. They are looking for community support and sponsorships. Mr. Manneth asked that Mayor Berman speak at the opening or closing ceremony.

CONSENT CALENDAR

A MOTION was made by Vice Mayor Presmyk, seconded by Councilmember Urie, to approve Consent Items 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 as amended to exclude the Val Vista Park wall by request of residents, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36 as updated, 39, 40, 41, 42, 43, 44, and 45; and remove Items 8, 9, 37 and 38 from the Consent Calendar. Motion carried 7-0.

6. ANNEXATION A05-19 – consider adoption of an Ordinance approving the annexation of approximately 165 acres located at the northeast corner of Germann Road and Val Vista Drive. A public hearing was held on November 29, 2005.

This item was approved with the Consent Calendar. Ordinance No. 1699 was adopted.

7. ANNEXATION A05-20 – consider adoption of an Ordinance approving the annexation of approximately 58.8 acres located at the northeast corner of Gilbert Road and the Loop 202 Freeway and 59.2 acres of the Arizona Department of Transportation Loop 202 right-of-way located between Gilbert and Lindsay Roads.

This item was approved with the Consent Calendar. Ordinance No. 1700 was adopted.

8. AGREEMENT – consider approval of an agreement with HDA Architects, LLC in an amount not to exceed $7,200 for field lighting at the Gilbert Youth Soccer Complex, Project PR044, and authorize the Mayor to execute the required documents.

9. AGREEMENT – consider waiving the bidding requirements and approve an agreement with the Gilbert Youth Soccer Association for lighting fields at the Gilbert Youth Soccer Complex, Project PR044, and authorize the Mayor to execute the required documents.

Councilmember Crozier and Vice Mayor Presmyk requested clarification on the agreements and cost sharing. Parks and Recreation Director Ahlman discussed the agreement with GYSA and construction of the soccer complex. The agreement allows for additional field lighting with cost sharing. The Town pays certain costs and other costs are shared. The agreement addresses cost sharing but sets no maximum amount. Parks and Recreation Director Ahlman reviewed cost sharing for the initial construction of the soccer complex and the additional lighting being requested.

A MOTION was made by Vice Mayor Presmyk, seconded by Councilmember Crozier, to approve Items 8 and 9. Motion carried 7-0.

10. DEVELOPMENT AGREEMENT – consider adoption of a Resolution approving a Development Agreement with DP43, LLC for Gilbert Esplanade and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar. Resolution No. 2665 was adopted.

11. INTERGOVERNMENTAL AGREEMENT – consider approval of an Intergovernmental Agreement with the Arizona Department of Transportation in an amount not to exceed $449,145 for the Santan Freeway landscape enhancements and maintenance 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 Maricopa County and the City of Mesa in an amount not to exceed $3,179,074 for improvements to Power Road from Guadalupe Road to Baseline Road and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

13. CONTRACT – consider approval of a contract with Y. S. Mantri & Associates, LLC. in an amount not to exceed $271,738 for Architectural/Engineering Services for the Advanced Traffic Management System Communications, Phase 1 and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

14. CONTRACT – consider approval of a contract with EPS Group, Inc. in an amount not to exceed $151,550 for Engineering Design Services for the Higley Road Project from Baseline Road to U.S. 60, Project ST104, 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 Parsons-Brinkerhoff Construction Services, Inc. in an amount not to exceed $74,513.35 for Project Management of the Warner-Power 16-inch Water Main Project, Project WA064, and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

16. CONTRACT – consider approval of a contract with Stantec Consulting in an amount not to exceed $102,009 for design and construction of the Warner-Power 16-inch Water Main Project, Project WA064, 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 J. Banicki Construction Company in an amount not to exceed $3,150,373.90 for the Greenfield Warner Basin Project, Project SW002, and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

18. CONTRACT – consider correcting the Council action of January 4, 2005 awarding a contract to Vanir Construction Management to be in the amount of $441,287 for a new well, 3 MG Reservoir and Pump Station located on Elliot Road east of Recker Road, Project WA047, 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 Skyline Builders and Restoration in an amount not to exceed $277,411 for the Park Improvement District Wall Repair and Painting Project and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar as modified to remove the Val Vista Park wall per the request of the residents.

20. GRANT – consider authorizing the application and acceptance of a 2006 Justice Assistance Grant from the United States Department of Justice in the amount of $10,547 for computer software and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

21. CHANGE ORDER – consider approval of Change Order No. 1 with HEC Engineering, LLC in the deduct amount of $4,186.66 for the Higley/Warner/Williams Field Roads Sewer, Water, and Reclaimed Water Extensions, Project WW052.

This item was approved with the Consent Calendar.

22. CHANGE ORDER – consider approval of Change Order No. 1 with Kimley-Horn and Associates, Inc. in the amount of $15,523 for design of an additional traffic signal at Power and Germann Roads, Project TS097.

This item was approved with the Consent Calendar.

23. CHANGE ORDER – consider approval of Change Order No. 2 with Wood Patel in the amount of $50,553 for Design Phase Services for the Higley Road Transmission Line Project, Project WA035.

This item was approved with the Consent Calendar.

24. PURCHASE – consider approval of the purchase of a Crown Forklift from Naumann Hobbs in an amount not to exceed $27,000 for the Police Property/Fire Resource building.

This item was approved with the Consent Calendar.

25. PURCHASE – consider approval of the purchase of 20 Fire Training Radios from Creative Communications in an amount not to exceed $21,247.06.

This item was approved with the Consent Calendar.

26. PURCHASE – consider approval of the purchase of one 2006 Crown Victoria from Five Star Ford off the State Bid List in an amount not to exceed $24,000.

This item was approved with the Consent Calendar.

27. CONDOMINIUM PLAT S03-12 – consider approval of the Condominium Plat for Val Vista Classic, Parcel 1 located at the northeast corner of Val Vista Drive and Frye Road.

This item was approved with the Consent Calendar.

28. CONDOMINIUM PLAT S03-12 – consider approval of the Condominium Plat for Val Vista Classic, Parcel 2 located at the northeast corner of Val Vista Drive and Frye Road.

This item was approved with the Consent Calendar.

29. FINAL PLAT SP987 – consider approval of the final plat for Power Ranch Professional Village located at the southwest corner of Pecos Road and Ranch House Parkway.

This item was approved with the Consent Calendar.

30. FINAL PLAT S05-07 – consider approval of the master plat for the Bridges at Gilbert, Phase 1 located south of the southeast corner of Higley and Queen Creek Roads.

This item was approved with the Consent Calendar.

31. FINAL PLAT S05-11 – consider approval of the final plat for Santan Sunrise Estates located south of Riggs Road between Higley and Recker Roads.

This item was approved with the Consent Calendar.

32. STREETLIGHT IMPROVEMENT DISTRICT 06-01 – consider adoption of a Resolution creating Streetlight Improvement District 06-01 for Lyon’s Gate Phase 1 and 2 and ordering the improvements.

This item was approved with the Consent Calendar. Resolution No. 2666 was adopted.

33. STREETLIGHT IMPROVEMENT DISTRICT 06-02 – consider adoption of a Resolution creating Streetlight Improvement District 06-02 for Eagle Glen II and ordering the improvements.

This item was approved with the Consent Calendar. Resolution No. 2667 was adopted.

34. STREETLIGHT IMPROVEMENT DISTRICT 06-03 – consider adoption of a Resolution creating Streetlight Improvement District 06-03 for Stratland Estates and ordering the improvements.

This item was approved with the Consent Calendar. Resolution No. 2668 was adopted.

35. STREETLIGHT IMPROVEMENT DISTRICT 06-04 – consider adoption of a Resolution creating Streetlight Improvement District 06-04 for Copper Ranch and ordering the improvements.

This item was approved with the Consent Calendar. Resolution No. 2669 was adopted.

36. EASEMENT – consider approval of an Easement with Arizona Public Service for the installation of electric facilities at Gilbert Road and Vaughn Street.

Councilmember Crozier declared a conflict of interest and did not participate in the discussion.

A MOTION was made by Councilmember Skousen, seconded by Councilmember Morrison, to approve Item 36. Motion carried 6-0-1 with Councilmember Crozier abstaining.

37. EASEMENT – consider approval of a Power Distribution Easement with Salt River Project for underground electric facilities for Fire Station No. 7, Project WA056.

38. AESTHETIC FUNDS – consider approval to use Salt River Project Aesthetic Funds to underground electric facilities at Greenfield and Warner Roads.

Vice Mayor Presmyk declared a conflict of interest and did not participate in the discussion.

A MOTION was made by Councilmember Crozier, seconded by Councilmember Morrison, to approve Items 37 and 38. Motion carried 6-0-1 with Vice Mayor Presmyk abstaining.

39. IMPROVEMENT DISTRICT 19 – consider adoption of a Resolution approving a Petition to modify Assessment Parcel 5 of Improvement District No. 19.

This item was approved with the Consent Calendar. Resolution No. 2670 was adopted.

40. FEES – consider adoption of a Resolution amending fees and charges for Gilbert Swimming Pools.

This item was approved with the Consent Calendar. Resolution No. 2671 was adopted.

41. FEES – consider adoption of a Resolution approving a Reservation Permit Policy and fee schedule for exclusive use of Town Parks, Basins and Outdoor Recreation Facilities.

This item was approved with the Consent Calendar. Resolution No. 2672 was adopted.

42. PERSONNEL/BUDGET – consider authorizing the reclassification of an Assistant Prosecutor I (Grade 23 $57,971 to $81,160 to Assistant Prosecutor II (Grade 27 $65,485 to $91,679); the establishment of a new Assistant Prosecutor I (Grade 23 $57,971 to $81,160); and the creation of two additional Systems Analyst Positions (Grade 20 $52,335 to $73,269); one at .75 full time equivalent and the other at full time.

This item was approved with the Consent Calendar.

43. BOARDS AND COMMISSIONS – consider the acceptance of the resignation of Lanny Brown from the Economic Development Advisory Board.

This item was approved with the Consent Calendar.

44. BOARDS AND COMMISSIONS – consider the appointment of Timothy Keefe and Catherine Templeton to the Gilbert Educational Cable Access Governing Board with terms ending March 19, 2008.

This item was approved with the Consent Calendar.

45. MINUTES – consider approval of the minutes of the Special Meeting of February 2, 2006 and Regular Meeting of February 7, 2006.

This item was approved with the Consent Calendar.

PUBLIC HEARINGS

Vice Mayor Presmyk reported that requests to speak were submitted for Items 57, 63, and 68. Councilmember Crozier pointed out that Neely Elementary School has a different name and the application for Item 47 should be corrected.

Mayor Berman opened the public hearing for items 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 58, 59, 60, 61, 62, 64, 65, 66, 67, 69, 70, 71, 72, 73, and 74. No one wished to speak and Mayor Berman closed the public hearing.

A MOTION was made by Councilmember Morrison, seconded by Councilmember Crozier, to approve public hearing items 46, 47, 48, 49, 50, 51, 52, 53, 71, 72, and 73. Motion carried 7-0.

46. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for Oregano’s Pizza Bistro located at 328 North Gilbert Road.

This item was approved with the Public Hearing vote.

47. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for Wings-Pizza-N-Things located at 884 East Williams Field Road.

This item was approved with the Public Hearing vote.

A request to speak, if needed, was submitted by Jerry Lewkowitz, 3101 North Central Avenue #200, Phoenix, but he did not address Council.

48. LIQUOR LICENSE – conduct hearing and consider approval of a Series 10 Beer and Wine Store Liquor License for Sprouts Farmers Market located at 2582 South Val Vista Drive.

This item was approved with the Public Hearing vote.

49. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for Buono’s Pizza located at 1614 north Higley Road, Suite #1.

This item was approved with the Public Hearing Vote.

50. ANNEXATION A05-17 – conduct hearing and consider adoption of an Ordinance approving the annexation of approximately 3.3 acres located at the southeast corner of Mesquite and Greenfield Roads. A public hearing was held on January 24, 2006.

This item was approved with the Public Hearing Vote. Ordinance No. 1701 was adopted.

51. ZONING Z05-19 – conduct hearing and consider adoption of an Ordinance changing the zoning classification for approximately 3.3 acres located at the southeast corner of Mesquite and Greenfield Roads from Maricopa County Rural-43 to Single Family-6 (SF-6).

This item was approved with the Public Hearing Vote. Ordinance 1702 was adopted.

52. ANNEXATION A05-21 – conduct hearing and consider adoption of an Ordinance approving the annexation of approximately 82 acres located at the northwest corner of Williams Field and Lindsay Roads. A public hearing was held on December 20, 2005.

This item was approved with the Public Hearing Vote. Ordinance No. 1703 was adopted.

53. ZONING Z05-25 – conduct hearing and consider approval of the findings and adoption of an Ordinance approving the rezoning of approximately 82 acres located at the northwest corner of Lindsay and Williams Field Roads from Maricopa County Rural-43 to Town of Gilbert Single Family-35 (SF-35).

This item was approved with the Public Hearing Vote. Ordinance No. 1704 was adopted.

54. ANNEXATION A05-22 – conduct hearing on the annexation of approximately 665 acres bounded by Pecos Road to the north approximately one-half mile east of Greenfield Road to the east, Queen Creek Road to the south and Val Vista Drive to the west.

Manager Pettit advised this is one of several annexations that have been filed with Maricopa County. This is the initial public hearing for the annexations and no petitions have been signed and the first opportunity for residents to sign petitions for this group is March 11. Acting Planning Director Edwards showed a map of the subject annexation.

Mayor Berman opened the Public Hearing. Todd Combs, 15722 East Willis Road, addressed Council. Mr. Combs thanked Councilmembers Crozier and Krueger for attending the neighborhood meeting. He said that his children attend Gilbert Public Schools and he receives Gilbert water. Mr. Combs said there are two issues that are of concern. The first relates to a crash gate on Willis Road that he has been told would be removed. Mr. Combs said he has four children and there are no sidewalks and removing the gate will present a risk. He has the signatures of 23 of 33 residents that are against removal of the gate. Mr. Combs said the second issue relates to annexation and he has split feelings and would like more information shared with the public. He discussed various numbers that he has seen and said that he would like to see the budget including the expenditures for police and fire and where the other money is going.

Jacque Dalton, 17640 South 158th, addressed Council, and advised that she lives south of Pecos and east of Gilbert. Ms. Dalton discussed concerns related to the divisiveness coming from the Council and Mayor. Ms. Dalton said that the county island residents founded many of the activities and have given a lot. Ms. Dalton discussed how the county residents pay for activities, are on the bottom of the list for Parks and Recreation classes, and do not get to vote. Ms. Dalton said there is a need for accurate information and she would like the divisiveness to go away. Mayor Berman responded and said Gilbert is not asking for anything and while both Gilbert and county residents pay the same taxes the only difference is that the county residents taxes are paid to the county. Ms. Dalton commented on the manpower the residents provide for activities and said that some of the kids who received awards were probably county residents. Ms. Dalton stressed that there should be less divisiveness.

Councilmember Crozier commented on private roads and maintenance. He said that the message has been consistent that Gilbert would maintain public roads in the condition they are when annexed and said the statement is in the frequently asked questions. Councilmember Crozier said there has been a lot of misinformation passed and encouraged people to go to the source. He asked that people call if they have questions and said he appreciates Ms. Dalton bringing up that there is misinformation.

Councilmember Urie commented that the website Greenfield.acres.com has good facts and fiction information. He briefly discussed his personal experience as a resident for 22 to 23 years and pointed out the first 10 years he was a county resident. He discussed how Your Town put out by Gilbert is the top read publication followed by the Gilbert Independent. Councilmember Urie said he sat through many meetings and the process is frustrating and information comes back wrong. He said he would state for the record that Greenfield Acres would not be required to open up the cul-de-sac. Councilmember Urie commented that his neighborhood has changed as people moved in but his neighborhood is not on sewer and will not be and they have streets but no streetlights. He discussed the shift in taxes that occurred when the neighborhood annexed said the cost actually went down and the residents ended up with fire, police, parks and recreation, and the right to vote. No one else wished to speak and the public hearing was closed.

This item was a public hearing only. No action was taken.

55. ANNEXATION A05-25 – conduct hearing on the annexation of approximately 153 acres located at the southeast corner of Guadalupe and Higley Roads.

This item was a public hearing only. No action was taken.

56. ANNEXATION A05-26 – conduct hearing on the annexation of approximately 71 acres located south and east of the southeast corner of Greenfield and Baseline Roads

This item was a public hearing only. No action was taken.

57. ANNEXATION A05-28 – conduct hearing on the annexation of approximately 825 acres located at the southeast corner of Val Vista Drive and Chandler Heights Road.

Acting Planning Director Edwards pointed out on a map where some neighbors might wish to be excluded from the annexation.

Mayor Berman opened the public hearing. David Prewitt, 24427 South Higley Way, said that submitted a petition to staff showing 85.5 percent of his neighbors have decided they do not wish to proceed with the annexation process. This is a small community and staff was under the impression they were connected by an umbilical cord and it was broken when a portion of two properties were annexed, purchased, and condemned. He said the area is a stand-alone island and should be removed.

Michelle Paul, 16140 East Via del Arboles, advised there was a neighborhood meeting in December and thanked Council and staff for their time. She said when they learned that Rural Metro would leave, the neighborhood started to form an annexation group. They gathered information and held a meeting and one family created a website. In December, they found that 40 were in favor of annexation, 8 undecided, and 2 did not wish to annex. Ms. Paul discussed how many residents are in favor of annexation and said she understands that petitions will be available on March 11 and she is anxious to move on with the process. No one else wished to speak and Mayor Berman closed the Public Hearing.

Discussion followed on the property connected by an umbilical cord. The umbilical cord has not been annexed, even though it is owned by the Town. Planning Manager Edwards reviewed several details and discussed Country Shadows annexation and how the connection required by State law was maintained across Higley Road. Manager Pettit explained that Gilbert can own land outside the limits, it is a challenge if Gilbert cannot get its property annexed, and the law regulates annexation. Councilmember Presmyk asked about the proposed annexation and staff clarified that the annexation encompasses several areas and not only Ms. Paul’s area.

This item was a public hearing only. No action was taken.

58. ANNEXATION A05-29 – conduct hearing on the annexation of approximately 78 acres located at the southeast corner of Warner Road and 130th Street.

This item was a public hearing only. No action was taken.

59. ANNEXATION A06-04 – conduct hearing on the annexation of approximately 12.74 acres located at the southwest corner of Warner and Gilbert Roads.

This item was a public hearing only. No action was taken.

60. ANNEXATION A06-05 – conduct hearing on the annexation of approximately 16.65 acres located on Queen Creek Road between Greenfield and Higley Roads.

This item was a public hearing only. No action was taken.

61. ANNEXATION A06-06 – conduct hearing on the annexation of approximately 2.67 acres located north and east of the northeast corner of Gilbert and Warner Roads.

This item was a public hearing only. No action was taken.

62. ANNEXATION A06-08 – conduct hearing on the annexation of approximately 42.86 acres located east of the northeast corner of Greenfield and Elliot Roads.

This item was a public hearing only. No action was taken.

63. ANNEXATION A06-09 – conduct hearing on the annexation of approximately 25.07 acres located at Val Vista Drive and Warner Road.

Acting Planning Director Edwards showed a map of the proposed annexation area.

Mayor Berman opened the Public Hearing. Dick Rambo, 1141 East Rawhide Avenue, addressed Council and said he built his home 27 years ago when the population was 5,000 and the property was two miles out of Town. Mr. Rambo said that he expected to be annexed and had worked for the Fire Department in Tempe and Gilbert. He discussed Rural Metro’s announcement to leave the area in July 2006. Mr. Rambo said many of his neighbors are against annexation and they feel it is about money and blackmail and Gilbert is the bad guy. Mr. Rambo said that firefighters do not want to be told not to cross the line. He discussed his work with previous Fire Chief Garcilaso to develop an agreement with Rural Metro. He said that someone has to look out for the Town’s interest and it is Council’s good decision to protect its firefighters. Mr. Rambo discussed recently passed legislation that sends firefighters outside the boundaries. He said that the same legislators would be the first to object to a Federal mandate requiring them to provide boarder security. He said that that the legislation and this is wrong. Mr. Rambo said he lives in the middle of Town and watched development occur and is affected daily by decisions. Mr. Rambo said they need a fire department to be able to vote in local elections and annexation is the only way to get those two things. No one else wished to speak and Mayor Berman closed the Public Hearing.

This item was a public hearing only. No action was taken.

64. ANNEXATION A06-10 – conduct hearing on the annexation of approximately 90 acres located south and west of the southwest corner of Guadalupe and Higley Roads.

This item was a public hearing only. No action was taken.

65. ANNEXATION A06-12 – conduct hearing on the annexation of approximately 12.44 acres located adjacent to the Consolidated Canal and east of the northeast corner of Gilbert and Warner Roads.

This item was a public hearing only. No action was taken.

66. ANNEXATION A06-14 – conduct hearing on the annexation of approximately 13 acres located east of the Eastern Canal on the north side of Houston Avenue.

This item was a public hearing only. No action was taken.

67. ANNEXATION A06-18 – conduct hearing on the annexation of approximately 79.66 acres located east of the southeast corner of Cooper and Ray Roads.

This item was a public hearing only. No action was taken.

68. ANNEXATION A06-20 – conduct hearing on the annexation of approximately 44.89 acres located south of Germann Road west of Higley Road.

Mayor Berman opened the Public Hearing. Judy Maris, 16530 East Ryan Road, said she lived in Higley until she was notified by the post office she would be Gilbert. She referenced a newspaper article about doing the right thing and being a partner in the community. Ms. Maris said Councilmember Urie said he does not pay more and she feels they will pay more. Ms. Maris discussed public utility easements (PUE’s) and questioned whether the PUE’s could become streets and paved. She said that she is opposed to annexation because they get nothing for it. She said that she could join a fire district. Ms. Maris questioned why no subscription service is offered in Gilbert when Chandler will offer subscription service. Mayor Berman responded and explained that Chandler only provides subscription service in one area. The county island is one Chandler is not willing to annex and did not have Rural Metro services. He said that all cities have county islands and won’t offer fire service. Ms. Maris said that in Overgard she was in a fire district. Mayor Berman said that he feels Maricopa County should have a fire district and that they are responsible but the supervisors do not agree.

Ms. Lane asked if the PUE’s can become public roads and be paved. She is tired of the dirt and dust. Manager Pettit explained if there is a private easement and they wish to dedicate it to Gilbert the Town will find a way but the cost of paving would be borne by the neighbors. He said if they own the easement and can give title it can be done. Right now there may or may not be rights to grant. Mayor Berman asked if residents give the roads whether the Town would maintain the roads. Manager Pettit said that once the road is paved and given to Gilbert it is maintained. Mayor Berman briefly commented on PM10 and particulates and said someday someone, possibly the state, will require the roads be paved or lose federal money. Ms. Maris asked if residents deed the property whether the Town could then put in roads. Mayor Berman said the Town will maintain whatever is there. Councilmember Morrison said he heard public utility easement. Manager Pettit said that it depends on the nature of the easement and each needs to be looked at separately. He continued to explain ownership differences and said each easement needs to be looked at. Councilmember Morrison said it depends on who owns the easement. Ms. Maris said that the easement is their property. She explained the services she receives by the easement and said she pays taxes on the property. Ms. Maris said the area was created in 1920 to give electric and phone companies the right to provide service and the easement provides legal ingress and egress. Ms. Maris said when she sees the dust and pollution she is surprised it has been allowed to exist in the county and the Town is inheriting a lot of these roads. She said she would feel better about annexation if the roads could be deeded.

Councilmember Skousen commented on improvements when he lived in White Fence Farms and residents formed a district and paid for the streets. Ms. Maris explained there were only homes on one side for a long time. As new people came the issue has not been addressed and there are also issues with the RWCD ditch. Ms. Maris said she previously spoke with the Town about whether Amberwood Homes would pave the entire road with its development. She thought there was a precedent set with Water Tank Road and Frye Road. Manager Pettit said because the easement was not a public road it was difficult to force the developer to make improvements to a road they do not own and does not include proper rights. Manager Pettit explained that the other cases had publicly dedicated right-of-way.

Councilmember Crozier commented that Higley is not a city and is a postal delivery area and it is confusing to some people. He pointed out that the Chandler area that receives subscription service never had Rural Metro. A few years ago a bill was passed authorizing the County to enter into intergovernmental agreements with cities to provide fire service to county islands. However, Maricopa County and Chandler could not agree on an indemnification clause. The other reason it did not work is because only about half of the residents participated. Chandler has responded to the subscription area when people are not subscribers and have not been paid. Ms. Maris asked about the legislation and asked if it would be mandatory. Vice Mayor Presmyk pointed out the legislation only applies as written to Gilbert. She asked why it only applies to Gilbert. Councilmember Urie said that is also Council’s question. Mayor Berman said the legislation only applies to Gilbert and the legislation did not apply to anyone else. He said the question is if others ask for fire service and the issue goes to court the bill could be thrown out. Mayor Berman said residents need to ask what they would do if Gilbert was positively not going to provide service. He commented on warnings and threats and said anyone could challenge the bill. Ms. Maris said that in that area the only thing gained by annexation is that they will continue to have fire service. She commented that Councilmember Urie said he did not pay any more than subscription service. Councilmember Urie commented on what he was paying. He said a neighbor did an analysis that showed he would save $600 and have the right to vote. Councilmember Urie questioned whether the blacktop millings from other roads could be laid down on the dirt to control dust. He commented that the first bond issue in Gilbert was to pave the road. Vice Mayor Presmyk pointed out that blacktop millings are reused. Councilmember Krueger encouraged Ms. Maris to do an assessment of the costs, contact staff to help with an estimate, and said that most people find they come out ahead.

Melia Lane, 16628 East Ryan Road, said she is a long time resident and the family has lived here since the 30’s. She said that the annexation has caused a split that is wrong and the words of Mayor Berman have not brought together the neighborhood. She asked to be treated with respect and asked that Council acknowledge if this was handled differently the outcome would have been different. No one else wished to speak and Mayor Berman closed the Public Hearing.

This item was a public hearing only. No action was taken.

69. ANNEXATION A06-26 – conduct hearing on the annexation of approximately 66.74 acres located west of the northwest corner of Val Vista Drive and Warner Road.

This item was a public hearing only. No action was taken.

70. ANNEXATION A06-28 – conduct hearing on the annexation of approximately 76.50 acres located on the southeast corner of Lindsay Road and Mesquite Street.

This item was a public hearing only. No action was taken.

71. ZONING Z05-21 – conduct hearing and consider approval of the findings and adoption of an Ordinance amending the Morrison Ranch Planned Area Development (PAD) at Lakeside Groves by changing the zoning classification of 160 acres located at the southeast corner of Recker and Elliot Roads from Community Commercial (CC), Single Family (SF-6, SF-D), Multi-Family (MF-M), and Public Facility/Institutional (PF/I) with a PAD overlay to CC, SF-7, SF-6, SF-D and MF-M with a PAD overlay.

This item was approved with the Public Hearing Vote. Ordinance No. 1705 was adopted.

72. ZONING Z05-22 – conduct hearing and consider approval of the findings and adoption of an Ordinance rezoning a 68-acre parcel located at the northeast corner of Gilbert Road and the Loop 202 Freeway from County Rural-43 and Town of Gilbert Business Park (BP) to Town of Gilbert Regional Commercial (RC).

This item was approved with the Public Hearing Vote. Ordinance No. 1706 was adopted.

73. CODE OF GILBERT – conduct hearing and consider adoption of an Ordinance amending the Code of Gilbert, Arizona, Chapter 66 Utilities, by amending Article VIII Water Conservation, by amending Section 66-351 Definitions related to the definitions of “Active Recreation Area”, “Common Area”, “Landscapable Area”, “Low Water Use Landscaping”, “New Development”, “Non-Per Capita Conservation Program or NPCCP”, “Turf”, “Turf-Related Facilities”, “Water Feature”, and “Water-Intensive Landscaped Area”; adding definitions of “Cap Water”, Reclaimed Water”, and Water-Intensive Landscaping”; and deleting the definition of Water Conservation Officer; by amending Section 66-362 Landscaping in New Single-Family and Multi-Family Developments related to requirements to use reclaimed water on certain areas of turf and in artificial lakes and authorizing interim use of Central Arizona Project Water; by amending Section 66-363 Model Homes in New Residential Developments related to the Water-Intensive Landscaping for model homes; by amending Section 66-371 Water Use Plans renaming as Water Conservation Plans and making technical corrections; by amending Section 66-372 Landscaping in Non-Residential Developments related to requirements to use reclaimed water on certain areas of turf and in artificial lakes and authorizing interim use of Central Arizona Project Water.

This item was approved with the Public Hearing vote. Ordinance No. 1707 was adopted.

74. SYSTEM DEVELOPMENT FEES – conduct hearing to consider increased Police, Fire, General Government, Parks and Recreation, Traffic Signal, Water System, and Wastewater System Development Fees.

This item was a public hearing only. No action was taken.

ADMINISTRATIVE ITEMS

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

Vice Mayor Presmyk reported that the Council Subcommittee on Parks and Recreation met and looked at several issues and the dialogue with the Sports Coalition continues. The next meeting with the Coalition is March 9 at 7:00 p.m. at the Southeast Regional Library

Councilmember Morrison advised the Arts Advisory Board meets next Monday at 6:00 p.m.

Mayor Berman said the Community Activities Board is working on the 4th of July Celebration and could use new members.

Councilmember Krueger advised that the Design Review Board meets next Thursday.

Councilmember Crozier reported that the Human Relations Commission meets tomorrow.

Vice Mayor Presmyk said the first of the Speaker’s Bureau took place tonight before the Council meeting. MYAC is gearing up for Student Government Days and has selected topics.

Councilmember Urie said that the Parks and Recreation Advisory Board meets Thursday at 6:00 p.m.

Councilmember Krueger reported that the Planning Commission has changed the method for its agenda and now has a consent agenda like Council. The Public Facilities MPC held its annual meeting and will meet again next January.

Vice Mayor Presmyk said that the Health Insurance Trust Fund meets Thursday and Valley Metro will meet in a few weeks.

POLICY ITEMS

76. POLICY NO. 2006-2 - consider adoption of Policy No. 2006-2 related to Annexation and Development Standards.

Manager Pettit briefly discussed the proposed annexation policy and read the six identified. Manager Pettit reviewed the six areas addressed in the policy. Councilmember Crozier felt this covered the points raised by residents.

A MOTION was made by Vice Mayor Presmyk, seconded by Councilmember Krueger, to adopt Policy No. 2006-2 related to Annexation and Development Standards. Motion carried 7-0.

FUTURE MEETINGS

Manager Pettit reminded Council of a Joint Meeting with the Human Relations Commission on March 7 and a Joint Meeting with the Planning Commission and Design Review Board at the Library on March 8. Manager Pettit said there would be several business items on the March 8 agenda including more County island annexation hearings.

Manager Pettit discussed the need to change the next Council Retreat date. The consensus was to move the Retreat from May 13 to May 6.

A Special Meeting for a Study Session on the budget will be scheduled for April 18.

COMMUNICATIONS

77. Report from the MAYOR on current events.

Mayor Berman commented on county island annexations and said they were not created by Gilbert. Rural Metro decided to leave and the county residents asked for fire service. Mayor Berman commented that some people were upset that the Town said they could obtain service by annexing. He commented on fire districts, Rural Metro, and comments about the Mayor not being nice about annexation. Mayor Berman said the only was to assure fire service after July 1 is to annex.

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

None.

79. Report from the TOWN MANAGER on current events.

Manager Pettit reported that tonight is the first streaming of live video to the Internet.

ADJOURNMENT

A MOTION was made by Vice Mayor Presmyk, seconded by Councilmember Krueger, to adjourn the meeting. Motion carried 7-0. Mayor Berman adjourned the meeting at 9:46 p.m.

ATTEST:

Steven M. Berman, Mayor

Catherine A. Templeton, CMC, 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 28th day of February 2006. I further certify that the meeting was duly called and held and that a quorum was present.

Dated this 22nd day of March 2006.

Catherine A. Templeton, CMC, Town Clerk