MINUTES OF THE GILBERT TOWN COUNCIL IN REGULAR MEETING

TUESDAY, APRIL 25, 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 7:18 p.m.

INVOCATION AND PLEDGE OF ALLEGIANCE

Pastor John Mahon, Sun Valley Community Church gave the invocation. Councilmember Krueger led the Pledge of Allegiance.

ROLL CALL

Clerk Templeton called roll and declared a quorum present.

PRESENTATIONS; PROCLAMATIONS

1. Oath of Office administered to Loreena Everhart and Kenneth Merritt for the Arts Advisory Board; and Alysson Abe, Julius Cherry, James Gibides, Michael Gulyas, and Gilbert Honeycutt for the Human Relations Commission.

Mayor Berman administered the Oath of Office to Loreena Everhart and James Merritt for the Arts Advisory Board; and Alysson Abe, Julius Cherry, James Gibides, Michael Gulyas, and Gilbert Honeycutt for the Human Relations Commission.

2. Student Citizen of the Month Awards.

Mayor Berman and Councilmember Crozier presented Student Citizen of the Month Awards for March to:

Noah Patrick, Simone Recinos, Madi Cook, Justin Ramirez, Jack Campbell, Crystal Garcia, Kyle Beyette, Ryan Voight, Anthony Montoya, Garret Jeffs, Kaylin Tally, Amy Wiemann, Joseph Sammartino, Yafet Mebrahtu, Julia Schwartz, Kerry Kamsiuk, Cassandra Petersen, Joshua Carroll, Bradley Harris, Whitney Homan, Steve Thach, Heather Sonneman, Austin Paine, Hollie Mullins, Steven Smith, Melina Oxspring, Jessica DiGiose, Courtney Womack, Shane Ternbach, Kayla Hazen, Joey Postiglione, Danniel Slinker, Elijah Ledesma, Zachary Harbauer.

3. Proclamation declaring May 1 through May 7, 2006 as Public Service Recognition Week.

Mayor Berman read a proclamation declaring May 1 through May 7, 2006 as Public Service Recognition Week.

4. Proclamation declaring May 7 through May 13, 2006 as Building Safety Week.

Mayor Berman read a proclamation declaring May 7 through May 13, 2006 as Building Safety Week.

5. COMMUNICATIONS FROM CITIZENS

The following individuals submitted requests to speak forms in opposition to Annexation A06-31 presented at the April 18, 2006 meeting, but did not address Council: Todd Ellering, 10623 South 159th Street, Gilbert; Mary Mitchell, 10618 South 159th Street, Gilbert; Mike Mitchell, 10618 South 159th Street, Gilbert; Lorrie James, 10626 South 159th Street, Gilbert; Nancy Field, 10234 South 159th Street, Gilbert; and Marc Savcerman, 10216 South 159th Street, Gilbert.

CONSENT CALENDAR

A MOTION was made by Vice Mayor Presmyk, seconded by Councilmember Crozier, to approve Consent Items 6, 7, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32A, 33, 34, 34A, 34B, and 35; remove Item 32 from the Consent Calendar; and remove Consent Items 8, 12, 13 from the agenda. Motion carried 7-0.

6. AGREEMENT consider approval of Water Services Agreement with Basin Water, Inc. for operation and maintenance of Arsenic Mitigation Units associated with a new water well, 3 MG reservoir, and pump station at Turner Ranch, Project WA047, and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

7. INTERGOVERNMENTAL AGREEMENT consider approval of an Intergovernmental Agreement with Maricopa County for improvements to Gilbert Road from Warner Road to Water Tank Road.

This item was approved with the Consent Calendar.

8. INTERGOVERNMENTAL AGREEMENTS consider approval of Intergovernmental Agreements with the Chandler Unified School District and Higley Unified School District for construction and operation of swimming pools, and authorize the Mayor to execute the required documents.

This item was removed. No action was taken.

9. CONTRACT - consider approval of an Accountability Contract with the Leadership Centre in the amount of $15,000 for Education and Training Services for Fiscal Year 2006-2007 and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

10. CONTRACT consider approval of a Design Build Pre-Construction Services Contract with FCI, Constructors Inc. in an amount not to exceed $510,955 for Fire Stations #2 and #3, Projects MF208 and MF209, and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

11. CONTRACT consider approval of a contract with the Arizona Chapter of the National Safety Council to provide Defensive Driving School Services for May 1, 2006 through April 30, 2009 and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

12. CONTRACT consider approval of a Design Build Pre-Construction Services Contract with Versar, Inc. in an amount not to exceed $625,210 for the Perry High School and Williams Field High School Pools, Projects PR059 and PR074, and authorize the Mayor to execute the required documents.

This item was removed. No action was taken.

13. CONTRACT consider approval of a Project/Construction Management Services Contract with PinnacleOne in an amount not to exceed $599,380 for the Perry High School and Williams Field High School Pools, Projects PR059 and PR074, and authorize the Mayor to execute the required documents.

This item was removed. No action was taken.

14. CONTRACT consider approval of a Construction Manager at Risk Pre-Construction Services Contract with Hunter Contracting Co. in an amount not to exceed $63,045.78 for the Freeway Interface Lindsay and Recker Improvement Project, Project ST043, and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

15. CONTRACT consider waiving the bidding requirements and approve an Architectural/Engineering Services Contract with Dibble & Associates in an amount not to exceed $32,070 for topographical surveys for Fire Stations #2 and #3 and authorize the Mayor to execute the required documents.

16. CONTRACT consider approval of a contract renewal with Dr. Gary Smith in an amount not to exceed $20,000 for Medical Director Services for the Fire Department and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

17. CHANGE ORDER consider approval of Change Order No. 5 with FCI Constructors, Inc. in the amount of $7,769,084 for construction of the South Area Service Center, Project MF004.

This item was approved with the Consent Calendar.

18. CHANGE ORDER consider approval of Amendment No. 2 with Black & Veatch Corporation in the amount of $4,705,822 for Design Phase Services for the South Water Treatment Plant, Project WA048.

This item was approved with the Consent Calendar.

19. CHANGE ORDER consider approval of Amendment No. 2 with Hunter Contracting Co. in the amount of $1,697,012.12 for Phase 2 construction of a new Well, 3MG Reservoir and Pump Station located Elliot Road east of Recker Road, Project WA047.

This item was approved with the Consent Calendar.

Katie Riding, 690 West Desert Avenue, Gilbert and Ty Heins, 690 West Desert Avenue, Gilbert submitted request to speak forms in favor of Item 19 but did not wish to speak.

20. CHANGE ORDER consider approval of Amendment No. 1 with Hunter Contracting. Co. in the amount of $6,030,261 for construction of the Water Treatment Plant Expansion, Project WA025.

This item was approved with the Consent Calendar.

21. PURCHASE consider approval of the purchase of one 2006 Chevrolet Impala from Courtesy Chevrolet in an amount not to exceed $18,950 off the State Bid List for the Police Department.

This item was approved with the Consent Calendar.

22. PURCHASE consider waiving the bidding requirements and approve of the purchase of three thermal imaging cameras from United Fire in an amount not to exceed $28,398.33 for the Fire Department.

This item was approved with the Consent Calendar.

23. PURCHASE consider approval of the purchase of one Ford F250 Pick-Up Truck from Five Star Ford in an amount not to exceed $68,878.40 off the State Bid List for the Fire Department.

This item was approved with the Consent Calendar.

24. PURCHASE consider approval of the purchase of a Microwave System from CSG Wireless in an amount not to exceed $38,000 off the State Bid List for Fire Station #7.

This item was approved with the Consent Calendar.

25. ABANDONMENT consider adoption of Resolutions of Abandonment of a portion of the Erie Court right-of-way adjacent to Fire Station #7.

This item was approved with the Consent Calendar. Resolution No. 2681 and Resolution No. 2682 were adopted.

26. FINAL PLAT S05-7 consider approval of the final plat for the Bridges at Gilbert, Phase 1, Parcel 2 located south of the southeast corner of Higley and Queen Creek Roads.

This item was approved with the Consent Calendar.

27. FINAL PLAT S05-7 consider approval of the final plat for the Bridges at Gilbert, Phase 1, Parcel 5, located south of the southeast corner of Higley and Queen Creek Roads.

This item was approved with the Consent Calendar.

28. FINAL PLAT SP861 consider approval of the final plat for Lot 1A of Santan Village, Phase 2 located at the northwest corner of the Santan Freeway and Santan Village Parkway.

This item was approved with the Consent Calendar.

29. FINAL PLAT SP1013 consider approval of the final plat for Agro-Commercial located west of the northwest corner of Higley and Ray Roads.

This item was approved with the Consent Calendar.

30. FINAL PLAT SP1015 consider approval of the second replat of Lot 3, Santan Village Marketplace, Phase 1 located at the southeast corner of Williams Field Road and Santan Village Parkway.

This item was approved with the Consent Calendar.

31. STREETLIGHT IMPROVEMENT DISTRICT 06-10 consider adoption of a Resolution creating Streetlight Improvement District 06-10 for Lyons Gate, Phase 8 and ordering the improvements.

This item was approved with the Consent Calendar. Resolution No 2683 was adopted.

32. FEES consider adoption of a Resolution establishing new rental fees for the Gilbert Community Center, McQueen Park Activity Center, Page Park Center, Heritage Annex, and the Southeast Regional Library meeting rooms.

Councilmember Urie recommended changes to hourly rates. He suggested the following amounts for Category 4, 5, and 6 respectively: Multi-purpose Room Hourly Rate at McQueen Park Activity Center and Southeast Library $30, $40, and $50; Classroom/Meeting Rooms Hourly Rate at McQueen Park Activity Center, Southeast Library, and Heritage Annex $30, $40, and $50; and Half Gymnasium Rental Rate at McQueen Park Activity Center $30, $40, and $50.

A MOTION was made by Councilmember Urie, seconded by Councilmember Skousen, to adopt Resolution No. 2684 establishing new rental fees for the Gilbert Community Center, McQueen Park Activity Center, Page Park Center, Heritage Annex, and the Southeast Regional Library meeting rooms with the recommended changes. Motion carried 7-0.

32A. PROPERTY ACQUISITION consider adoption of a Resolution approving the acquisition of 10 East Hearne Way and 16 East Hearne Way and authorize the transfer of $330,000 from General Fund Contingency to cover the acquisition, relocation, demolition, and site clearance costs.

This item was approved with the Consent Calendar. Resolution No. 2685 was adopted.

33. BOARDS AND COMMISSIONS consider acceptance of the resignation of Richmond Vincent from the Community Activities Board.

This item was approved with the Consent Calendar.

34. ANNEXATION A05-28 consider adoption of an Ordinance annexing approximately 795.1 acres generally located on the southeast corner of Val Vista Drive and Chandler Heights Drive. A public hearing was held on February 28, 2006.

This item was approved with the Consent Calendar. Ordinance No. 1734 was adopted.

34A. ANNEXATION A05-23 consider adoption of an Ordinance annexing approximately 101 acres located at the southeast corner of Recker Road and Baseline Road. A public hearing was held on March 21, 2006.

This item was approved with the Consent Calendar. Ordinance No. 1735 was adopted.

34B. ANNEXATION A06-50 consider adoption of an Ordinance annexing approximately 3.3 acres located north of Queen Creek Road and west of the Roosevelt Water Conservation District Canal. A public hearing was held on March 28, 2006.

This item was approved with the Consent Calendar. Ordinance No. 1736 was adopted.

35. MINUTES consider approval of the minutes of the Regular Meeting of April 11, 2006.

This item was approved with the Consent Calendar.

PUBLIC HEARINGS

Vice Mayor Presmyk reported that Items 39 and 40 would be removed for discussion.

Mayor Berman opened the public hearing for items 36, 37, and 38. No one wished to speak and Mayor Berman closed the public hearing.

A MOTION was made by Vice Mayor Presmyk, seconded by Councilmember Krueger, to approve public hearing items 36, 37, and 38. Motion carried 7-0.

36. LIQUOR LICENSE conduct hearing and consider approval of a Series 6 Bar Liquor License for Crabby Dons located at 3861 East Baseline Road, Suites K137, K138, and K139. Continuance requested to May 9, 2006.

This item was continued to May 9, 2006 with the Public Hearing vote.

37. LIQUOR LICENSE conduct hearing and consider approval of a Series 12 Restaurant Liquor License for Yus Tiki Wok located at 1652 North Higley Road, Suite 103.

This item was approved with the Public Hearing vote.

38. LIQUOR LICENSE conduct hearing and consider approval of a Series 12 Restaurant Liquor License for Four Seasons Sushi located at 1652 North Higley Road #101.

This item was approved with the Public Hearing vote.

39. GENERAL PLAN GP05-6 conduct hearing and consider adoption of a Resolution approving the 2005 General Plan update, amending text and maps related to the Land Use Element, Public Facilities and Environmental Elements, Parks, Open Space, Trails and Recreation Facilities Element, and Circulation Element, and Character Areas Element.

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

Council reviewed the proposed amendment and asked for clarification on various items. Staff confirmed for Councilmember Urie that Policy 3.4 addressed Councils concern regarding required higher density along the Santan corridor. Councilmember Krueger complimented the Planning staff on being more articulate in its definition of gated communities. Councilmember Crozier identified unclear language in various segments of the document and Planning Manager Cadavid responded.

A MOTION was made by Vice Mayor Presmyk, seconded by Councilmember Krueger, to adopt Resolution No.2686 for GP05-6 amending the Gilbert General Plan by changing the maps and text changes for the General Plan 2005 annual update with corrections:

1. Include an updated Parks, Open Space and Trails Inventory Map, Page 3, complemented with a pedestrian and bike lanes map.
2. Modify language describing the south and east boundaries of the Santan Corridor, Page 12, to provide a clearer description.
3. Review the sentence, The Town of Gilbert has also identified the master planned communities of Power Ranch, Layton Lakes, and Seville, Freeman Farms, and Shamrock Estates as growth areas within the Towns Planning Area, Page 12, to determine if it is needed or if it should be deleted.
4. Restructure last sentence under Collector Streets, Page 20, to make it more understandable.
5. Update Implementation Strategies, Page. 26 and 27, to reflect what is current and delete out of date information.
6. Determine if modifications are needed for Table 4 referenced in the final paragraph on Page 33. The table is to be included in the final publication.

Motion carried 7-0.

40. PRELIMINARY PLAT S05-20 conduct hearing and consider an appeal of the Planning Commissions approval of the preliminary plat for Lexington Estates located at the southeast corner of Lexington Road and 156th Street (South Coronado Road).

Senior Planner Cadavid reviewed the appeal of the Planning Commissions approval of the preliminary plat for Lexington Estates located at the southeast corner of Lexington Road and 156th Street (South Coronado Road). Although there was testimony against increased circulation along Willis Road, the Planning Commission approved the Preliminary Plat on March 1, 2006. The Planning Commission determined that it conformed to the General Plan, applicable zoning ordinances, design guidelines, and other codes and ordinances of the Town. Senior Planner Cadavid reviewed the area map pointing out lot sizes, open spaces, right-of-ways, and access. She said the issue of concern is connection through 156th Street to allow public safety access and will not disrupt a peaceful neighborhood, and increase traffic. Those in favor of the connection stated there would be more equitable traffic distribution through more than one street. The applicant preferred not installing a gate, but would go either way.

Councilmember Krueger asked what would be needed to make the street a thruway. Planner Cadavid explained that the applicant would work with the Roosevelt Water Conservation District (RWCD) to obtain an easement across the irrigation ditch to make the connection along 156th Street. Councilmember Crozier asked for clarification that the original recommendation from staff and fire included a gate and secondary access for emergency access, but after further discussions it was decided to open the street and make it part of the thoroughfare. Senior Planner Cadavid said yes but explained that after public input, an optional condition providing an emergency gate was included at the time of the Commission public hearing. The final plat will show an unobstructed connection to 156th Street based upon the Commission action.

Council asked if there were plans to open 156th Street south to the dairy farm, north to Murphy Drive, north along the right-of-way, or other future connections to 156th Street. Senior Planner Cadavid stated there were none at this time. Discussion continued regarding dedicated roads versus County roads, RWCD easements and right-of-ways, and roads included in the annexation of Lexington Estates. Councilmember Skousen explained that residents on Lexington Street exit onto a service street, whereas Willis Road residents exit directly onto the road.

Mayor Berman opened the Public Hearing. Joan Marcinko, 15839 East Willis Road, Gilbert, asked Council to consider appealing the decision to remove the crash gate on 156th Street. She stated that 34 homes would be directly affected by the increased traffic generated by Lexington Estates residents, whereas only three homes on Lexington Street would be affected.

John Brooks, 17804 South 157th Street, Gilbert, addressed Council in favor of removing the crash gate. He said he accepts there will be additional traffic in his neighborhood. He would like the Town to look at alternatives to alleviate the traffic by creating traffic patterns consistent with Maricopa Countys Grid Road Layout System that allows for easy access for emergency vehicles, trash pickup, and school buses. Mr. Brooks stated that traffic would increase dramatically with the opening of the 202 Freeway, which will enable traffic dumping onto two-lane streets at 50 miles per hour. Councilmember Skousen clarified that school bus stops would benefit from an open road rather than waiting to stop on Greenfield.

Barry Adkins, 15802 East Willis Road, Gilbert, thanked Council for allowing resident input, for visiting the area, and for answering his phone calls. Mr. Adkins said that only three homes on Lexington face the street and would be affected by the additional traffic but 34 homes on Willis would be impacted. He asked Council not to remove the crash gate because of safety concerns. Councilmember Morrison asked if the crash gate remains on 156th Street, how a turn-a-round could be provided at the end of Willis Road. Mr. Adkins explained the buses could turn around on 158th Street.

Mathew Walters, 17822 South 157th Street, Gilbert, said the number one issue is alleviating traffic. He stated that morning and afternoon traffic patterns would counteract traffic issues that Willis Road residents have communicated. Mr. Walters stated, in the future, increased traffic would require a signal light at Lexington and Greenfield. He said Willis Road residents would want to access Greenfield Road from Lexington Street because it would be safer at the signal light therefore; he asked that the crash gate be removed.

Douglas Nelson, Project Developer, 3252 East Lexington Avenue, Gilbert, explained that he believes open access is always beneficial and the traffic impact on Willis Road would be very small. He said most traffic would be moving north toward the freeway and would not travel Willis Road. Councilmember Skousen asked if children exiting onto the road on bikes are safer with the road remaining closed. Mr. Nelson said childrens safety is a concern on open and closed roads.

Nancy Stapley, 15643 East Lexington Street, Gilbert, said she agrees with Douglas Nelson. She said Lexington is a cul-de-sac and unless it is opened up it will be one big cul-de-sac with another 19 lots. She said Lexington and Willis should share the traffic load because it is not fair that Lexington Street suffer the impact of all the traffic.

Councilmember Krueger asked if a traffic signal is planned for Lexington and Greenfield Road. Town Engineer Allred said not at this time but increased traffic may warrant one in the future. A few weeks after the opening of the freeway, a traffic study would be done and if warranted, a traffic signal would be placed in the budget for consideration and processed as quickly as feasible, possibly 12 to 16 months after the study. Councilmember Crozier said if a planned development on the east side of Greenfield Road occurs, the developer would need a circulation plan and that would be a good time to determine the feasibility of a signal light. Acting Planning Director Edwards said there was a preliminary plan for a development at that location and the density would probably warrant a signal light. Vice Mayor Presmyk asked how many trips would warrant a traffic signal. Town Engineer Allred stated approximately 400 trips in a four-hour period.

Councilmember Skousen asked if Lexington Street could be described as a cul-de-sac or could it become one large cul-de-sac, and is there is a required size for a cul-de-sac. Town Engineer Allred explained that it is more like a dead-end street but could possibly be called a cul-de-sac. Town development guidelines state a cul-de-sac street for house access should be no longer than 600 feet. Manager Pettit explained that one of the items the annexation team looked at was changing the name of Lexington Street if the area was annexed into the Town because it duplicates the name of a street that is further north.

Connie Dicker, 17743 South 157th Street, Gilbert, said she is in favor of removing the crash gate. She explained she had a serious concern about present traffic without the problem of adding more. The street is much narrower than surrounding streets and there are no sidewalks for the children to walk to the school bus stop. Ms. Dicker said safety should be the primary concern.

Andy Reid, 15621 East Willis, Gilbert, addressed Council and thanked them for their time. He said when he bought his home in 2001 it was his dream home because it was in a rural area and on a dead-end street. He asked Council to retain the crash gate. Councilmember Krueger asked Mr. Reids thoughts regarding his ability to access Greenfield Road after the freeway opens. He anticipates it will be more challenging but he would work around it.

Steve Rosen, 15622 East Willis Road, Gilbert, asked if there are plans to widen 156th Street if it becomes a thru street because at its present width two cars cannot pass going in opposite directions. Mr. Rosen also asked if there are plans to widen Lexington Street so that it can accommodate the increased traffic. Councilmember Skousen clarified the width of Willis Street is 24 feet. Councilmember Krueger asked Mr. Rosens thoughts on accessing Greenfield Road. He said it was hit or miss and probably would become more stressful when the freeway opens but he would manage.

Todd Coon, 157 East Willis Road, Gilbert, stated that people should figure out what the problem is before determining a solution. He asked if opening up Willis would make the traffic problem better Is it a win-win solution; is it something both sides want If you follow the logic, it is not going to help Willis if the gate is removed if methods to slow traffic are not utilized.

Bruce Painter, 15602 East Willis, Gilbert, stated he had lived on his property for 23 years; he likes his neighborhood and would like to keep it the way it is. Mr. Painter expressed concerns about the future plans for 156th Street once it becomes a thru street. Mr. Painter explained that when he purchased his property, the developer had promised to do all the roads in the neighborhood. That never happened, and he felt they were to be penalized because they have the only road that was centrally planned. Councilmember Crozier clarified that if 156th Street next to Mr. Painters house was improved, he would lose some of his property for an easement. Councilmember Skousen confirmed that the County maintains the road in front of Mr. Painters house.

Councilmember Morrison asked if Council was considering the pros and cons of the crash gate or the gate and improvements to 156th Street. Senior Planner Cadavid explained that the developer would improve 156th Street to the south boundary of their property and after negotiating the usage of the RWCD, they will also tile that portion to the Town standards. The developer will not extend improvements beyond the canal and part of the road will remain in its present condition unless an improvement district is created.

Acting Planning Director Edwards explained that when Town property is developed, the developer is required to provide appropriate dedications and offsite improvements. Staff would work with the Town Engineer to design and build appropriate transitions to scalloped and county roadways. Councilmembers Skousen and Morrison confirmed that the street was paved most of the way north to the canal and that it was wide enough for emergency vehicles. Councilmember Krueger asked if the road improvements met Town standards. Acting Planning Director advised that the road would need additional improvements to make a safe transition.

Carl Bloomfield, engineer for the property under discussion, addressed Council to establish a couple of items. He advised that neighbors on both sides of the issue were contacted and their concerns were heard. The Town was asked about installing the gate and providing secondary access. Mr. Bloomfield applauded the Planning Commissions actions as being in the best interest of the public. He explained the planned improvements along the alignment of Willis Road to 156th Street connecting it to the RWCD for emergency vehicle access. If RWCD negotiations are not favorable, 156th Street would remain a dead-end street. Improvements needed for emergency vehicle movement would be the same with or without the crash gate.

Michelle Horton, 15732 East Willis Road, Gilbert, addressed Council and explained they purchased their home because there was no outlet. They conduct school in their home and are there 24 hours a day, seven days a week and hear all the traffic going by. If Willis Road were to be opened up, it would create more noise, traffic, and disturbance. The crash gate would allow for emergency vehicle access and safety for the children.

James Ray, 15839 East Willis Road, Gilbert, Theresa Bayer, 15612 East Willis Road, Gilbert, and Rudy Munoz, 15812 East Willis Road, Gilbert submitted request to speak forms in favor of the appeal but did not wish to address Council. Mayor Berman closed the Public Hearing.

Councilmember Crozier reviewed the issue being appealed and offered four different options. Option 1: Install the crash gate as originally proposed and ultimately changed; Option 2: Deny traffic access west off Willis Road; Option 3: Make Willis Road a one-way road into Lexington Estates with emergency vehicle and school bus access with a gate key or code; and Option 4: Have a one-way road out of the subdivision onto Willis Road where Lexington Estates residents would come out on Willis Road; or it could have a coded gate limited to emergency vehicle and school bus access. Councilmember Crozier said he favored Option 3 because it would be a safer route for school buses. There was discussion on the options and how they would affect the residents and school bus movement.

Attorney Goodwin explained that a gate could not be placed across a public right-of-way. Possibly the county could abandon the area between the RWCD easement and Willis Road with a requirement for an easement for emergency vehicles and school buses. Discussion followed on the possibility of placing a gate across the RWCD right-of-way, making 156th Street a one-way street, and future options for 156th Street and RWCD. Attorney Goodwin stated that Maricopa County could make 156th Street one-way and they might do so. The development engineer reviewed the configuration of 156th Street, and RWCD and its right-of-way.

Councilmember Urie stated that the issue involves more than installing a gate because in the next five years or so there will be a need for greater access to Greenfield Road. Councilmember Krueger asked where does it go from here to provide any kind of a second access point feasible.
Mr. Bloomfield, the development engineer, said 156th Street has a 20 foot gap and RWCD has an easement over that area. RWCD has indicated it owns fee title for the express purpose of maintaining and operating the irrigation lateral. Once RWCD grants another use for the easement, the easement may go away. Councilmember Krueger confirmed with staff that Councils decision is dependent on negotiations with RWCD. She expressed her dissatisfaction with the quality of the original proposal and recommended a short-term solution of installing a gate.

A MOTION was made by Councilmember Krueger, seconded by Councilmember Morrison, to modify the approval of the Planning Commissions approval of the preliminary plat for Lexington Estates located at the southeast corner of Lexington Road and 156th Street (South Coronado Road) with the following conditions:

1. The final plat for Lexington Estates shall conform to the preliminary plat exhibits dated February 23, 2006 and approved by the Planning Commission at the March 1, 2006 public hearing.

2. A stipulation for negotiation and execution of an easement with the Roosevelt Water Conservation District that provides for public access with the ability to put a gate in place and to remove it at such time as the Town wants.

3. The exhibit shall show access to 156th Street.

Councilmember Morrison requested that the approval make no distinction regarding the type of gate to be installed. Attorney Goodwin advised that Council would need to approve the negotiated easement after it is negotiated. She stated that the Fire Department requested a Fire Department Access gate at the Planning Commission hearing. Fire Chief DeWitt explained their intent was to leave the description as general as possible because fire access can be any type of gate for emergency access only.

Vice Mayor Presmyk advised he would vote against installing a gate because he felt that it was not in the best interest of the residents.

Motion carried 6-1 with Vice Mayor Presmyk casting the dissenting vote.

ADMINISTRATIVE ITEMS

41. 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) Mayors 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

No reports.

POLICY ITEMS

None.

FUTURE MEETINGS

None.

COMMUNICATIONS

42. Report from the MAYOR on current events.

None.

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

Councilmember Urie congratulated the Global Village Committee on a successful festival.

44. Report from the TOWN MANAGER on current events.

Manager Pettit requested Council consider June 3, 2006 as a replacement date for the cancelled May 6 Retreat. This was agreed upon.

ADJOURNMENT

Mayor Berman adjourned the meeting at 10:47 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 25th day of April 2006. I further certify that the meeting was duly called and held and that a quorum was present.

Dated this 10th day of May 2006.

Catherine A. Templeton, CMC, Town Clerk

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