MINUTES OF THE GILBERT TOWN COUNCIL IN REGULAR MEETING

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

50 EAST CIVIC CENTER DRIVE
GILBERT, ARIZONA

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

COUNCIL ABSENT: None

STAFF PRESENT: Manager Pettit, Assistant Manager Skocypec, Clerk Templeton, Attorneys Goodwin and Smiley, Acting Planning Director Edwards, Assistant Fire Chief Jobusch

CALL TO ORDER OF REGULAR MEETING

Mayor Berman called the meeting to order at 7:11 p.m.

INVOCATION AND PLEDGE OF ALLEGIANCE

Pastor Flores of Desert Gateway Baptist 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 declaring April 7, 2006 as ACS Relay for Life Gilbert Day at Highland High School.

Mayor Berman read a proclamation declaring April 7, 2006 as ACS Relay for Life Gilbert Day at Highland High School and presented the proclamation to Teacher Colleen MacCallum and Zach Miller from Highland High School. Ms. MacCallum briefly discussed last year’s event and plans for this year. Zach Miller said he is a cancer survivor and was diagnosed with Hodgkin’s disease at three years old and this is a great way to support cancer research.

2. Proclamation declaring the month of April 2006 as Child Abuse Prevention Month.

Mayor Berman read a proclamation declaring April as Child Abuse Prevention Month.

3. Student Citizen of the Month Awards.

Mayor Berman and Councilmember Krueger presented Student Citizen of the Month Awards for February to:

Peyton Garner, Oscar Ruiz, Weston Jones, Kennon McKeever, Jodi Feaster, Greg Gerdes, Midori Montoya, Humza Sagarwala, Eden Jarman, Craig Martineau, Isaiah Smith, Karrington Valenzuela, Zachary Harbauer, Alan Rivera, Kathryn Wilson, Darrin Jones, Felicia Bennett, Jocelyn Varela, Marcus Lightner, Allison Morales, Samantha Menendez, Ellexis Stimpert, Steven Tran, Elijah Ledesma, Amandip Singh, Danniel Slinker, Caleb Norcross, Katelyn Thom, Emily Brimhall, Teal Bradford, Kalyn Nguyen, and Erin Pezzopane

Vice Mayor Presmyk joined the meeting by telephone, 8:00 p.m.

4. Progress Report on the programs and facilities at the Riparian Preserve.

Riparian Director Anderson presented a video showing what is happening at the Preserves and what has been accomplished over the last few years. Riparian Director Anderson reported that the Preserve has attracted over 90,000 visitors from all over the country. He explained the Riparian Preserve is known for viewing wildlife and the emerging astronomy program.

5. COMMUNICATIONS FROM CITIZENS

None.

CONSENT CALENDAR

A MOTION was made by Councilmember Crozier, seconded by Councilmember Urie, to approve Consent Items 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16; remove Item 14 from the Consent Calendar; and add Item 26 to the Consent Calendar reinstating Iven Wooten to the Human Relations Commission as regular member with a term ending November 1, 2007. Motion carried 7-0.

6. CANVAS OF ELECTION – consider adoption of a Resolution accepting the Canvas of Election and Certification of Results for the Special Bond Election of March 14, 2006.

This item was approved with the Consent Calendar. Resolution No. 2675 was adopted.

7. ANNEXATION A06-05 – consider the adoption of an Ordinance approving the annexation of approximately 16.65 acres located east of Greenfield Road and South of Queen Creek Road. A public hearing was held on February 28, 2006.

This item was approved with the Consent Calendar. Ordinance No. 1714 was adopted.

8. ANNEXATION A06-10 – consider the adoption of an Ordinance approving the annexation of approximately 90 acres located south and west of the southwest corner of Higley and Guadalupe Roads. A public hearing was held on February 28, 2006.

This item was approved with the Consent Calendar. Ordinance No. 1715 was adopted.

9. ANNEXATION A06-12– consider adoption of an Ordinance approving the annexation of approximately 12.44 acres located east of the northeast corner of Gilbert and Warner Roads. A public hearing was held on February 28, 2006.

This item was approved with the Consent Calendar. Ordinance No. 1716 was adopted.

10. ANNEXATION A06-14– consider adoption of an Ordinance approving the annexation of approximately 12.50 acres located east of the Eastern Canal on the north side of Houston Avenue. A public hearing was held on February 28, 2006.

This item was approved with the Consent Calendar. Ordinance No. 1717 was adopted.

11. GRANT – consider authorizing application and acceptance of a Law Enforcement Grant in the amount of $21,572, and a Public Awareness Grant in the amount of $22,598 from the Arizona Automobile Theft Authority (AATA) for the Police Department.

This item was approved with the Consent Calendar.

12. PURCHASE – consider approval of a Service Order with Qwest Communications to provide data communication at an initial cost of $1,200 for installation and a monthly service cost of $1,500 per month for 60 months and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

13. PURCHASE – consider approval of the purchase of fitness equipment from Advantage Fitness Products in an amount not to exceed $24,860.50 for the Fire Department.

This item was approved with the Consent Calendar.

14. PURCHASE – consider waiving the bidding requirements and approve the purchase of five cardiac monitors/defibrillators from Zoll Medical Corporation in an amount not to exceed $126,464 for the Fire Department.

Assistant Fire Chief Jobusch responded to questions and explained that the cardiac monitors/defibrillators were replacements and additional ones for a new fire station. The life expectancy is of a cardiac monitors/defibrillator is approximately five-years but the actual life of the equipment depends on whether they can be repaired and changes in technology. The standard is to have one on each fire truck. Southwest Ambulance also has cardiac monitors/defibrillators on their ambulances.

A MOTION was made by Councilmember Skousen, seconded by Councilmember Crozier, to approve Item 14. Motion carried 7-0.

15. PROPERTY ACQUISITION – consider adoption of a Resolution approving the acquisition of 2.48 acres located on the south side of Ocotillo Road approximately one-quarter mile east of Higley Road for Fire Station No. 9, Project MF023.

This item was approved with the Consent Calendar. Resolution No. 2676 was adopted.

16. LEASE AGREEMENT – consider approval of an amendment to the Lease Agreement for the Maricopa County Justice Court in the Gilbert Public Safety Complex and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

PUBLIC HEARINGS

Councilmember Crozier reported that Item 20 would be removed for discussion.

Mayor Berman opened the public hearing for items 17, 18, 19, 21, 22, 23, 24, and 25. No one wished to speak and Mayor Berman closed the public hearing.

A MOTION was made by Councilmember Morrison, seconded by Vice Mayor Presmyk, to continue public hearing item 24 to the Regular Meeting of April 11, 2006 and approve public hearing item 25. Motion carried 7-0.

17. ANNEXATION A06-30 – conduct hearing on the annexation of approximately 28.64 acres located at the northwest corner of Pony Lane and Lindsay Road.

Councilmember Crozier announced that a request to speak was submitted after the hearing. Mayor Berman re-opened the hearing.

Troy Reeves, 14008 East Pony Lane, Gilbert, addressed Council. He said he perceived an apparent change of attitude by the Town. Mr. Reeves asked about the annexation selection process. Manager Pettit explained the Town must follow State law regarding contiguous property, which must be followed. Fire Chief DeWitt responded to a question on narrow roads, bridges, and other challenges the department may face when providing fire service and emergency response. He explained that some challenges will be difficult to navigate but the department will find a way and the challenges will not prevent them from providing service. Council explained that answers to many of the annexation questions are on the Town Website.

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

18. ANNEXATION A06-32 – conduct hearing on the annexation of approximately 20.43 acres located north of Galveston Street and west of Lindsay Road.

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

19. ANNEXATION A06-41 – conduct hearing on the annexation of approximately 12 acres located south of Ray Road and west of Lindsay Road.

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

20. ANNEXATION A06-49 – conduct hearing on the annexation of approximately 22.06 acres located north of Appleby Road and west of the Roosevelt Water Conservation District Canal.

Mayor Berman opened the Public Hearing. Susan M. Brunner, 21039 South 162nd Street, Gilbert addressed the Council. She asked if the Town of Gilbert’s requirement for type and number of animals is different from that of Maricopa County. Manager Pettit explained that Maricopa County Board of Adjustment has recently changed its interpretation of the County Ordinance allowing a broader range of animals, which is more consistent with Gilbert’s ordinance. Manager Pettit added that Gilbert does allow livestock, such as cattle and horses as well as smaller animals, such as fowl, sheep, and goats. Acting Planning Director Edwards reviewed a summary of Gilbert’s animal requirements. Ms. Brunner asked if there would be a grandfather clause as to the number of animals they could keep. Mayor Berman explained that whatever is legal in Maricopa County when a property is annexed will be legal in Gilbert.

Ms. Brunner asked if the residents are required to convert to the Gilbert Water System once their areas are annexed and whether Gilbert would buy the well rights now or in the future. Manager Pettit explained residents are not required to connect to the Gilbert Water System and can have their private water system for as long as they continue to use it, it is safe, and meets the drinking water standards.

Council responded to various concerns expressed by Ms. Brunner. She was assured that the Gilbert Fire Department would respond to a Gilbert resident fire no matter what the water source and there are plans to install fire hydrants in the annexed areas. Home-based businesses are allowed with restrictions regarding health or safety issues. Manager Pettit explained home based businesses are authorized in Gilbert unless the type of business is not designed for a residential neighborhood. Discussion continued regarding questions on road maintenance, possible recurring issues from past annexations, information on the Town Website regarding County island annexation, and comparing lifestyle changes as a result of annexation.

Jan Kiev, 16237 E Julius Road, addressed Council and expressed concerns regarding annexation, water service, and fire service. Ms. Kiev questioned the methods and character of the Town regarding past annexation attempts where residents felt that the Town was not forthright in communicating with them. Council explained they were inviting county island residents to annex and were waiving fees to assist the residents in achieving the annexation but to receive Gilbert services people need to be part of Gilbert. Discussion followed that in the future the System Development Fees and legal fees would be the responsibility of incoming residents. Manager Pettit explained that the Town was paying the General Government Fees, such as police and fire but incoming residents would pay all fees required to connect to utilities, traffic signals, parks and recreation, and General Government services.

Greg Kiev, 16237 E Julius Road, addressed Council and stated he observed a different attitude and atmosphere by the Town Council and staff from previous annexation processes when the perceived message was annexation or nothing.

Cheryl Leincooler-Scott, 21009 South 162nd Street, addressed Council and asked about erecting metal buildings. Council assured Ms. Scott that most restrictions on erecting metal buildings on their property are regulated by homeowner associations, although Gilbert does regulate setbacks. Ms. Scott requested clarification on the number and type of animals allowed. No one else wished to speak and Mayor Berman closed the Public Hearing.

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

21. ANNEXATION A06-50 – conduct hearing on the annexation of approximately 3.30 acres located north of Queen Creek Road and west of the Roosevelt Conservation District Canal.

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

22. ANNEXATION A06-52 – conduct hearing on the annexation of approximately 1.33 acres located north and west of the northwest corner of Ray and Recker Roads.

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

23. ANNEXATION A06-53 – conduct hearing on the annexation of approximately 2.30 acres located at the southeast corner of 164th Street and Frye Road.

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

24. ZONING Z05-27 – conduct hearing and consider adoption of an Ordinance rezoning approximately 8 acres located at the southeast corner of Riggs Road and 164th Street from Single-Family Residential-35 (SF-35) to Neighborhood Office (NO). This item is being continued to April 11, 2006.

This item was continued to April 11, 2006 with the public hearing vote.

25. ZONING Z05-29 – conduct hearing and consider adoption of an Ordinance amending the Zoning Code of the Town of Gilbert, Chapter 1 Zoning Regulations, Division 2 Land Use Designations, Article 2.1 Single-Family Residential Districts, Sections 2.102 Single Family Residential Districts, 2.103 Land Use Regulations, 2.104 Lot Development Regulations, and 2.106 Additional Development Regulations, to provide for a new Single Family Residential District to be known as Single Family 43 (SF-43) and to establish Land Use Regulations for such district, including permitted uses, minimum lot dimensions, minimum lot dimensions, maximum height/stories, minimum setback requirements, maximum lot area, street frontage landscaping, parking requirements, and lighting standards.

This item was approved with the Public Hearing Vote. Ordinance No. 1718 was adopted.

ADMINISTRATIVE ITEMS

26. BOARDS AND COMMISSIONS – consider reinstating Iven Wooten to the Human Relations Commission; or uphold automatically vacating Iven Wooten’s position on the Human Relations Commission.

This item was approved with the Consent Calendar. Iven Wooten was reinstated on the Human Relations Commission.

27. BONDS – discussion and direction on priorities for scheduling and sale of voter authorized bonds.

Steve Nielsen, 1819 East Velvet Lane, Tempe, addressed Council requesting that Council strongly consider giving the Cooley Station development top priority when considering which road projects to develop.

Manager Pettit advised Council that the total amount of authorized but un-issued bonds as of this date is $96,759,000. The controlling factor of repayment of bonds is the amount of revenue generated by the $1.15 tax rate. The increased property values residents were recently notified of will not be considered until next fiscal year.

Manager Pettit added that in modeling for the bond program, Council and staff anticipated issuing the 2001 remaining 20% park bonds first, with interest only for the first ten years to attempt to preserve some capacity within the $1.15 tax rate for 6% bonds. It had been anticipated that the first $11,000,000 in road bonds would be issued in September 2007, $30,000,000 in July 2009, and $34,000,000 in July 2011. Manager Pettit explained that to honor Mr. Nielson’s request to give top priority to Cooley Station, this schedule or the construction schedule for Cooley Station would need to change. Manager Pettit requested direction from Council on project priorities.

Discussion followed on economic development, estimated costs, phasing, and priorities for the road projects and the effect on park projects. Councilmembers Urie, Krueger, Crozier Skousen, and Vice Mayor Presmyk recommended going forward with the Williams Field Corridor as the top priority. Councilmember Morrison recommended the Power Road, Ray to Pecos Roads. Mayor Berman recommended Riggs Road. Councilmember Krueger selected the Power Road, Ray to Pecos as a second priority.

The general consensus was that the priority is the Williams Field Eastern Canal to Power Road project.

28. 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
s) Utility Board

None.

POLICY ITEMS

None.

FUTURE MEETINGS

Councilmember Skousen requested status reports on the Senior Center and painting of the Water Tower.

COMMUNICATIONS

29. Report from the MAYOR on current events.

Mayor Berman reported that a prominent citizen, Dr. Barry Wheeler, passed away this afternoon of a heart attack.

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

Councilmember Krueger reported the Gilbert Hospital is close to their opening date of June 5 and is sixty percent staffed. There will be a ribbon cutting and celebrations prior to the opening. Councilmember Krueger stated that summer is approaching and encouraged everyone to learn the ABCs of water safety.

31. Report from the TOWN MANAGER on current events.

Manager Pettit reported that Council had Board and Commission interviews scheduled for April 4, 2006.

RECESS REGULAR MEETING AND RECONVENE IN EXECUTIVE SESSION

A MOTION was made by Councilmember Urie, seconded by Councilmember Crozier, to recess the Regular Meeting and reconvene in Executive Session:

a) Pursuant to A.R.S §38-431.03 A-4 for discussion or consultation with the Town Attorneys in order to consider its position and instruct its attorneys regarding the Town’s position regarding an Intergovernmental Agreement being negotiated with the City of Chandler for the joint design, construction, and operation of the South Water Treatment Plant; and

b) Pursuant to A.R.S. §38-431.03, A-1 to conduct employment evaluation and discuss assignments of the Town Manager.

Motion carried 7-0.

RECONVENE REGULAR MEETING AND ADJOURN

The meeting was reconvened at 11:35 p.m. and Mayor Berman adjourned the meeting.

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 March 2006. I further certify that the meeting was duly called and held and that a quorum was present.

Dated this 12th day of April.

Catherine A. Templeton, CMC, Town Clerk

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