MINUTES OF THE GILBERT TOWN COUNCIL IN REGULAR MEETING

TUESDAY, MAY 23, 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, Attorneys Goodwin and Smiley, Acting Planning Director Edwards, Streets Superintendent Flores, Wastewater Superintendent Horn, CIP Coordinator Mood

CALL TO ORDER OF REGULAR MEETING

Mayor Berman called the meeting to order at 7:15 p.m.

INVOCATION AND PLEDGE OF ALLEGIANCE

Pastor E.J. Elliot, Victory Tabernacle Pentecostal Church gave the invocation. Scouts led the Pledge of Allegiance and introduced themselves.

ROLL CALL

Clerk Templeton called role and declared a quorum present.

PRESENTATIONS; PROCLAMATIONS

1. Oath of Office administered to Stan Strom of the Town of Gilbert, Arizona Water Resources Municipal Property Corporation.

Mayor Berman administered the Oath of Office to Stan Strom for the Town of Gilbert, Arizona Water Resources Municipal Property Corporation.

2. Presentation of Student of the Month Awards for April 2006.

Mayor Berman and Councilmember Krueger presented Student Citizen of the Month Awards for April to students that were present:

Nina Finelli, Sydney Breon, Wade Patrick, Jackie Wittenburg, Garret Hunt, Alyssa Esquer, Carissa Hobbs, Chrissy Sevigny, Alan Nevy, Brandt Porter, Anthony Knight, Kameron Gillies, Edwin Zarookian, AnnaMarie Pico, Samantha Smith, Daniel Bell, Sona Shahbazian, Kyle Palmer, Zach Murrell, Stephanie Lees, Jordan Buzuleciu, Mikala Kass, Alex Lindsay, Brandon Lindsey, Tony Jones, Rina Thomas, Kathryn Fitzpatrick, Kaitlyn Ziglar, Victoria Gonzalez, Alexandria Pedersen-Davis, Xarissa Levine, Kaileigh Story, Kahealani Hiapo, Steven Smith, Shane Ternbach, Justin Ramirez.

3. Presentation on the 2006 Gilbert Global Village Festival.

Elizabeth Cress- Sweet, Arts Advisory Board Chair, Tami Smull, Human Relations Commission Vice Chair, and Gayle Disch of Sister Cities presented information on the Global Village Festival held in April 2006. They thanked the sponsors, volunteers and Gilbert residents for their part in the success of the festival. Ms. Cress-Sweet described the effort put into launching the first festival and how it grew this year. She said they are determined to manage the growth of the festival in order to maintain the quality that the Council expects. She expressed appreciation for the support of the Town leaders and others and described the extra effort put forth by Deputy Manager Ryall and the communication group. Ms. Cress-Sweet, Ms. Smull, and Ms. Disch described the various events and food booths, which provided items from different parts of the world and displayed the wide variety of cultures. Many students participated in the World Fair demonstrating their research of the customs of many countries. Individuals from Africa, North America, and Australia participated in the Speaker’s Bureau where they provided information about their respective countries. The recordings and tapes will be used to create a library of diversity and cultural messages. Ms. Smull explained that their budget increased this year but revenue tripled.

Mayor Berman recognized KB Homes, the presenting sponsor that donated $10,000. He presented a flag that was flown over Gilbert Town Hall and thanked Ms. Perry.

4. No item.

5. COMMUNICATIONS FROM CITIZENS

Patti Rodriguez, 2775 East Arrowhead Trail, Gilbert, expressed concerns about a wall being constructed on Westin Ranch by Amberwood Development. She reported speaking with the Planning Commission and the Town Council about the aesthetics of the wall because it involves her property line. The wall changes the current openness of the area and there are concerns about maintenance as the wall would not be shared but would be solely on Amberwood property. Ms. Rodriquez received a description of the wall, which satisfied her request, but the wall was not constructed as described. She asked if it was acceptable that a builder change specifications and ask permission after the fact. Ms. Rodriquez asked if it was considered that public input was made at this time and at the time of the preliminary plat review. She expressed concern that spray painting would create damage on her property. Ms. Rodriguez asked if the public could attend the Design Review meeting, if the design was open to review, and if a member of the review team would visit the property. She was told by staff that it was a technical analysis and that materials used to finish the wall would achieve the same color, durability, and quality as the original design. Ms. Rodriquez explained that a painted wall would not be of the same quality and expressed disappointment in the process.

Vice Mayor Presmyk reminded everyone that Memorial Day would be observed this coming weekend but is ignored by many. He asked that we remember those who have served and are serving to keep our country safe and honor those that gave their lives while serving their country. People can observe Memorial Day by placing flags at gravesites, flying the American Flag at half-staff, attending religious services, visiting memorials, observing the national moment of silence, sending care packages to service men, and remembering disabled veterans. Gilbert will conduct a service at 10:00 a.m. on Memorial Day at the Historical Society.

CONSENT CALENDAR

A MOTION was made by Vice Mayor Presmyk, seconded by Councilmember Morrison, to approve Consent Items 6, 7, 8, 9, 10, 11, 12, 13, 14, 19, 21, 23,24, 26, 27, 28, 29, 30, 31,32, 33 as amended, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 47, 47A, 47B, 48, and 49; remove Item 46 from the Consent Calendar; remove Consent Items 47C and 47D from the agenda; and add Items 57, 58, 59, 60 and 61 to the Consent Calendar; appointing Eric Barlow to the Arts Advisory Board with a term ending April 17, 2009, appointing Richard Andrews, Ben Cooper, Kent Norcross, and Steve Paisley to the Economic Development Advisory Board with terms ending June 1, 2008, appointing Maureen Heiss to the Industrial Development Authority with a term ending March 12, 2012, appointing Cindy Barnes-Pharr, James Bilas, and Von Payne to the Parks and Recreation Advisory Board with terms ending May 1, 2008, and appointing Jennifer Wittman as an alternate to the Planning Commission with a term ending June 1, 2007. Motion carried 7-0.

6. INTERGOVERNMENTAL AGREEMENT – consider approval of an Intergovernmental Agreement with the City of Chandler for the Design, Construction, and Operation of a Jointly Owned Surface Water Treatment Facility 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 the Flood Control District of Maricopa County for the recreational use of the Rittenhouse Basin and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

8. CONTRACT – consider approval of a one year extension of the Financial Services - Auditing Services Contract with Heinfeld, Meech & Co. P.C. for Fiscal Year 2006-07 in an amount not to exceed $63,065 and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

9. CONTRACT – consider approval of a contract for Privileged Tax Auditing and Canvassing Services with Albert Holler & Associates for Fiscal Year 2006-07 in an amount not to exceed $108,000 and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

10. CONTRACT – consider approval of a Pre-Construction Services Contract with Hunter Contracting in an amount not to exceed $30,877.49 for the Warner/Power 16” Water Main Project, Project WA064, and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

11. CONTRACT – consider approval of a contract renewal with Thermo Fluids for Used Oil & Anti-Freeze Disposal Contract for Fiscal Year 2006-07 in an amount not to exceed $4,000 and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

12. CONTRACT – consider approval of a contract renewal with Aidant Fire Protection for Fiscal Year 2006-07 for the Gilbert Life Safety System Contract in an amount not to exceed $28,575.25.

This item was approved with the Consent Calendar.

13. CONTRACT – consider approval of a contract renewal with Envirosolve, Inc. for Fiscal Year 2006-07 for the Gilbert Household Non-Emergency Hazardous Waste and Ammunition Disposal Contract in an amount not to exceed $100,000 and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

14. CONTRACT – consider approval of a contract renewal with RCD Cleaning for Fiscal Year 2006-07 for the Custodial Maintenance Service Contract in an amount not to exceed $276,152.85 and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

15. CONTRACT – consider approval of a contract renewal with Environmental Response, Inc. for Fiscal Year 2006-07 for the Emergency Response, Cleanup and Disposal of Unknown Hazardous, and Non-Hazardous Materials Contract in an amount not to exceed $27,500 and authorize the Mayor to execute the required documents.

Councilmember Crozier asked for clarification regarding the terms listed on Certificates of Insurance for Items 15, 17, 18, and 20. He said some cover the duration of the contract and some coverage ends at the beginning of the contract. Attorney Goodwin explained that contractors usually cannot get insurance for the full term of the contract because of the date of the contract and when the insurance expires staff requires a new certificate. Manager Pettit explained there is a 90-day lead-time for monthly expirations and securing new policies. Attorney Goodwin said insurance is required during the term of the contract and that it is actively monitored. Councilmember Crozier asked about the amount of coverage for workers’ compensation. Attorney Goodwin explained that coverage is for the statutorily required amount for worker’s compensation.

A MOTION was made by Councilmember Crozier, seconded by Councilmember Urie, to approve Items 15, 17, 18, and 20. Motion carried 7-0.

16. CONTRACT – consider approval of a contract renewal with Truly Nolen of America for Mosquito & Midge Fly Pest Control Services Contract in an amount not to exceed $76,550 and authorize the Mayor to execute the required documents.

Councilmember Urie asked if there was other mosquito control provided for canals, large lots, and streets. Manager Pettit explained that fogging includes most large lots within the Town and Maricopa County provides fogging throughout the community as well. Councilmember Urie asked who fogs the canals and said he received a complaint about the tail water ditch along the Eastern Canal not being fogged. There is always water present in the ditch and it is weed infested. There were two children in the area that had West Nile Disease last year. Wastewater Superintendent Horn said staff would check to find out whose responsibility it is to fog for mosquitoes along the canal. Councilmember Urie asked for a future agenda item to discuss the issue.

A MOTION was made by Councilmember Urie, seconded by Vice Mayor Presmyk, to approve Item 16. Motion carried 7-0.

17. CONTRACT – consider approval of a contract renewal with Southwest Slurry Seal, Inc. for Fiscal Year 2006-07 for the Street Renovation - Slurry Seal Contract in an amount not to exceed $900,000 and authorize the Mayor to execute the required documents.

A MOTION was made by Councilmember Crozier, seconded by Councilmember Urie, to approve Items 15, 17, 18, and 20. Motion carried 7-0.

18. CONTRACT – consider approval of a contract renewal with Sunland Asphalt for Fiscal Year 2006-07 for the Ultra-Thin Bonded Wearing Course Contract in an amount not to exceed $1,500,000 and authorize the Mayor to execute the required documents.

A MOTION was made by Councilmember Crozier, seconded by Councilmember Urie, to approve Items 15, 17, 18, and 20. Motion carried 7-0.

19. CONTRACT - consider approval of a contract renewal with W. W. Williams for Fiscal Year 2006-07 for the Backup Generator Service Contract in an amount not to exceed $13,520 and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

20. CONTRACT – consider approval of a contract renewal with Timothy T. Woehl, MD, LTD dba Workplace Testing for Fiscal Year 2006-07 for the Drug and Alcohol Testing Contract in an amount not to exceed $15,600 and authorize the Mayor to execute the required documents.

A MOTION was made by Councilmember Crozier, seconded by Councilmember Urie, to approve Items 15, 17, 18, and 20. Motion carried 7-0.

Councilmember Crozier asked if the entire organization, including police and fire, was covered under the contract. Manager Pettit advised that it covered the entire organization but the contract was negotiated by Public Works because of the large number of commercial drivers in that department.

21. CONTRACT – consider approval of a Construction Manager at Risk Construction Phase Contract with Kimbrell Electric, Inc. for the installation of lighting fixtures and poles for fields C-1 and C-2 at Hetchler Park in an amount in the amount not to exceed $70,055 and authorize the mayor to execute the required documents.

This item was approved with the Consent Calendar.

22. CONTRACT – consider approval of a Construction Manager at Risk Construction Pre-Construction Phase Contract with Insituform Technologies, Inc. for rehabilitation of the Islands Lift Station Sewer Force Main in an amount not to exceed of $23,222.94, Project WW067, and authorize the Mayor to execute the required documents.

Councilmember Crozier asked about the serious corrosion of the pipes and if the pipes were really corroded to 1/8 inch. CIP Coordinator Mood confirmed that the pipes were corroded to 1/8 inch and explained that when a contractor accidentally hit the pipes it exposed the corrosion to that level.

A MOTION was made by Councilmember Crozier, seconded by Councilmember Morrison, to approve Item 22. Motion carried 7-0.

23. CONTRACT – consider approval of a Project Management and Construction Management Services Contract with EPS Group, Inc. in an amount not to exceed $619,315 for the Combined Scalloped Streets East Project and the Recker and Baseline Roads 16” Water Main Project, Projects ST042 and WA029, and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

24. CONTRACT – consider approval of an Architectural/Engineering Services Agreement with NFra, Inc. in an amount not to exceed $1,007,197 for the Combined Scalloped Streets East Project and the Recker and Baseline Roads 16” Water Main Project, Projects ST042, and WA029, and authorize the Mayor to execute the required documents.

This item was approved with the Consent Calendar.

25. CONTRACT – consider approval of an agreement with Rural Metro for continued support of their fire response in the Gilbert Planning Area through September 30, 2006 and authorize the Mayor to execute the required documents.

Councilmember Urie advised that media reported Rural Metro approached the Town regarding extension of the Fire Service Contract and it was not true. Council was very much aware of the need for fire service and Gilbert approached Rural Metro to extend services for an additional three months so the Town could work through the litigation and find a solution. There was no malice of intent on the part of Council.

Mayor Berman explained that when Judge Campbell gave his ruling he gave the county islanders four options, annex, enter into an Intergovernmental Agreement, create a volunteer fire department, or create a fire district. Mayor Berman said that all could be had without involving Gilbert. Fire service is available if the residents want to pursue it. Councilmember Krueger explained that Gilbert provided fire service to the unincorporated areas under a cooperative agreement with Rural Metro, not a full service provision paid for by Gilbert.

Councilmember Skousen explained that he voted to extend the Rural Metro contract to give county island residents an opportunity to think about what they want to do. This will give residents time to decide the best course of action for them.

A MOTION was made by Councilmember Urie, seconded by Vice Mayor Presmyk, to approve Item 25. Motion carried 7-0.

26. PURCHASE – consider authorizing the purchase of plastic pallets, plastic pallet boxes, and bins from Naumann Hobbs in an amount not to exceed $297,240 for Police Property & Evidence.

This item was approved with the Consent Calendar.

27. PURCHASE – consider waiving the bidding requirements and approve the purchase of twenty self-contained breathing apparatus from United Fire Equipment Company in an amount not to exceed $79,774.64 for the Fire Department.

This item was approved with the Consent Calendar.

28. REQUEST FOR QUALIFICATIONS – consider authorizing advertisement and acceptance of Requests for Qualifications for Project/Construction Manager for the Design-Build process for Ocotillo Road Water Mains, Project WA050.

This item was approved with the Consent Calendar.

29. REQUEST FOR QUALIFICATIONS – consider authorizing advertisement and acceptance of Requests for Qualifications for Design-Builder and negotiate guaranteed maximum price for Ocotillo Road Water Mains, Project WA050.

This item was approved with the Consent Calendar.

30. REQUEST FOR QUALIFICATIONS – consider authorizing advertisement and acceptance of Requests for Qualifications for a Construction Manager at Risk for Preconstruction and Construction Services and negotiate guaranteed maximum price for the South Water Treatment, Project WA048.

This item was approved with the Consent Calendar.

31. REQUEST FOR QUALIFICATIONS - consider authorizing advertisement and acceptance of Requests for Qualifications for Design-Builder and negotiate guaranteed maximum price for a Well, 2 MG Reservoir and Pump Station – Fire Station No. 11, Project WA061.

This item was approved with the Consent Calendar.

32. REQUEST FOR PROPOSAL – consider authorizing advertisement and acceptance of proposals for a Project/Construction Manager for the Design-Build process for a 2 MG Reservoir and Pump Station – Fire Station No. 11, Project WA061.

This item was approved with the Consent Calendar.

33. CAPITAL IMPROVEMENT PLAN – consider adoption of a Resolution regarding the Reimbursement of Capital Expenditures for Water Projects, Projects WA023, WA058, WA060, and WA061.

This item was approved with the Consent Calendar. Resolution No. 2695 was adopted as modified and updated.

34. FINAL PLAT S05-08 - consider approval of the final plat for TH Ranch located south of Elliot Road and east of Greenfield Road.

This item was approved with the Consent Calendar.

35. FINAL PLAT S04-22C - consider approval of the final plat for Freeman Farms Phase 3, Parcel 3 located at the southeast corner of Greenfield and Ocotillo Roads.

This item was approved with the Consent Calendar.

36. FINAL PLAT S04-22D - consider approval of the final plat for Freeman Farms Phase 3, Parcel 4 located at the southeast corner of Greenfield and Ocotillo Roads.

This item was approved with the Consent Calendar.

37. FINAL PLAT SP957 - consider approval of the replat of Parcel 8 of Spectrum Commercial Core located at the southeast corner of Pecos Road and Val Vista Drive.

This item was approved with the Consent Calendar.

38. FINAL PLAT SP1037 - consider approval of the final plat for Gilbert Gateway Towne Center - Phase 2 located at the southwest corner of Ray and Power Roads.

This item was approved with the Consent Calendar.

39. FINAL PLAT S03-18- consider approval of the final plat for Trilogy Unit 8 Golf Course located at the northwest corner of Ocotillo and Power Roads.

This item was approved with the Consent Calendar.

40. FINAL PLAT S05-7- consider approval of the final plat for Bridges at Gilbert, Phase 1, Parcel 6 located south of the southeast corner of Higley and Queen Creek Roads.

This item was approved with the Consent Calendar.

41. FINAL PLAT S05-13- consider approval of the final plat for the Reserve at Greenfield located east of Greenfield Road and north of Guadalupe Road.

This item was approved with the Consent Calendar.

42. FINAL PLAT SP1017 - consider approval of the final plat for Lot 1B of Santan Village - Phase 2 located at the southeast corner of Santan Village Parkway and Market Street.

This item was approved with the Consent Calendar.

43. FINAL PLAT S05-10 - consider approval of the final plat for Whitewing at Germann Estates located east of the southeast corner of Germann and Greenfield Roads.

This item was approved with the Consent Calendar.

44. MAP OF DEDICATION SP1000 - consider approval of the map of dedication for Lot 5 of Crossroads Towne Center located at the southeast corner of Gilbert and Germann Roads.

This item was approved with the Consent Calendar.

45. MAP OF DEDICATION S550 - consider approval of the map of dedication for Higley Road adjacent to Agritopia.

This item was approved with the Consent Calendar.

46. AESTHETIC FUNDS – consider authorizing the use of Salt River Project aesthetic funds to underground electric lines on Elliot Road adjacent to the Big League Dreams project.

Vice Mayor Presmyk declared a conflict of interest.

A MOTION was made by Councilmember Skousen, seconded by Councilmember Crozier, to approve Item 46. Motion carried 6-0-1 with Vice Mayor Presmyk abstaining.

47. ANNEXATION A06-40 – consider adoption of an Ordinance annexing 122.30 acres generally located at the southwest corner of Ocotillo and Greenfield Roads. A public hearing was held on March 21, 2006.

This item was approved with the Consent Calendar. Ordinance No. 1757 was adopted.

47A. ANNEXATION A05-30 – consider adoption of an Ordinance approving the annexation of approximately 180.36 acres generally located east of Gilbert Road and south of Ray Road. A public hearing was held on March 21, 2006.

Vice Mayor Presmyk asked Councilmember Skousen to read a letter from Stan Rutkowski, Rancho’s Del Sol unit 2, Gilbert, into the record and Councilmember Skousen read the letter.

A MOTION was made by Vice Mayor Presmyk, seconded by Councilmember Krueger, to approve Item 47A. Motion carried 7-0. Ordinance No. 1758 was adopted (technical correction 6/16/06

47B. ANNEXATION A06-15 – consider adoption of an Ordinance approving the annexation of approximately 77 acres located south and east of the southeast corner of Galveston Street and Gilbert Road. A public hearing was held on March 8, 2006.

This item was approved with the Consent Calendar. Ordinance No. 1759 was adopted.

47C. ANNEXATION A06-39 – consider adoption of an Ordinance approving the annexation of approximately 94.9 acres generally located east of the southeast corner of Elliot and Greenfield Roads. A public hearing was held on March 21, 2006.

This item was removed from the agenda. No action was taken.

47D. ANNEXATION A06-41 – consider adoption of an Ordinance approving the annexation of approximately 12 acres generally located south of Ray Road and west of Lindsay Road. A public hearing was held on March 28, 2006.

This item was removed from the agenda. No action was taken.

48. PERSONNEL – consider approval of the appointment of Timothy J. Dorn as Police Chief.

Mayor Berman called Police Chief Dorn to the podium, presented him with sparkling cider, and congratulated him on being appointed as the new Police Chief.

A MOTION was made by Councilmember Krueger, seconded by Vice Mayor Presmyk, to approve the appointment of Timothy J. Dorn as Police Chief. Motion carried 7-0.

49. MINUTES – consider approval of the minutes of the Regular Meeting of May 9, 2006.

This item was approved with the Consent Calendar.

PUBLIC HEARINGS

Mayor Berman opened the public hearing for items 50, 51, and 52.

Reese Anderson, attorney with Pugh and Lake, 1030 East Brown Road, Mesa, requested a continuance to June 6, 2006 for Item 50.

Scott Irving, 636 West Dublin Street, Gilbert, said he would hold his comments for Item 50 until June 6, 2006.

No one else wished to speak and Mayor Berman closed the public hearing.

A MOTION was made by Councilmember Crozier, seconded by Councilmember Krueger, to approve public hearing items 51 and 52, and continue Item 50 until June 6, 2006. Motion carried 7-0.

50.-USE PERMIT UP05-15 – conduct hearing and consider an appeal of the Planning Commission’s denial of the Conditional Use Permit to construct an auto lube building at an existing full service car wash, Francis and Son’s Car Wash, located at 615 West Ray Road.

This item was continued to June 6, 2006 with the Public Hearing vote.

51. ZONING Z06-59 – conduct hearing and consider approval of the findings and adoption of an Ordinance rezoning approximately 2.5-acres located at the southwest corner of Park Avenue and Oak Street from Single-Family Residential-6 (SF-6) to Public Facility/Institutional (PF/I) Planned Area Development (PAD) for the Gilbert Community Center.

This item was approved with the Public Hearing vote. Ordinance No. 1760 was adopted.

52. ZONING Z06-53 - conduct hearing and consider approval of the findings and adoption of an Ordinance amending the Land Development Code, Chapter I Zoning Regulations, Division 4 General Regulations, Article 4.2 Off-Street Parking and Loading Regulations, Section 4.206 Dimensions for Parking Spaces and Aisles, Subsection (D) Spaces in Parking Structures by revising the required dimensions for parking spaces located within parking structures and adding Subsection (J) Angle Parking less than 90 degrees in Parking Structures.

This item was approved with the Public Hearing Vote. Ordinance 1761 was adopted.

ADMINISTRATIVE ITEMS

53. HERITAGE DISTRICT – report on the Water Tower painting project in the Heritage District including reasons for the delay; status of the project as of May 23, 2006; timing for the commencement of the bid process; and expected date of completion of the project.

Manager Pettit provided a report on the Water Tower painting project in the Heritage District including reasons for the delay; status of the project as of May 23, 2006; timing for the commencement of the bid process; and expected date of completion of the project. Councilmember Skousen asked about the completion date and Manager Pettit advised that the actual completion date would not be known until the bids are opened and a contract awarded.

54. PARKS – consider adoption of a Resolution approving the Ramada structure names at Discovery District Park and Cosmo Park.

Manager Pettit advised Gilbert Code requires that Council approve naming of all facilities and structures. The naming selection process focused on the themes associated with the two areas, the excavation of the Columbian mammoth at Discovery District Park and the canine emphasis associated with Cosmo Park.

A MOTION was made by Councilmember Krueger, seconded by Councilmember Urie, to adopt Resolution No. 2696 approving the Ramada structure names at Discovery District Park and Cosmo Park. Motion carried 7-0.

55. SOLID WASTE –review and consider directing staff to publish a Notice to Establish Increased Commercial Solid Waste Service Rates and a New Residential Service Rate effective August 14, 2006, and establish July 11, 2006, as a date of public hearing and proposed adoption of increased commercial solid waste service rates and a new residential rate.

Assistant Manager Skocypec reported that the staff report from the May 9 Council Meeting omitted corresponding commercial rates that would also be affected. Currently there are 250 to 300 commercial customers that are serviced with 90-gallon containers. Because the service level and costs are the same for 90-gallon commercial service, staff is recommending corresponding service rate increases.

Assistant Manager Skocypec advised that some customers have requested to maintain their larger commercial coaster service rather than the rollout container. The present rate structure does not include recycling and bulk waste. The new residential service rate will provide certain customers with an additional service option based upon their specific service needs. Assistant Manager Skocypec explained that the fee structure would be reconsidered if gas prices continue to rise.

A MOTION was made by Councilmember Krueger, seconded by Vice Mayor Presmyk, to publish a Notice to Establish Increased Commercial Solid Waste Service Rates and a New Residential Service Rate effective August 14, 2006, and establish July 11, 2006, as a date of public hearing and proposed adoption of increased commercial solid waste service rates and a new residential rate. Motion carried 7-0.

56. BUDGET – consider establishing funding levels for Outside Agencies for Fiscal Year 2006-07.

Manager Pettit advised that Council conducted a public hearing on requests from outside agencies seeking possible funding from Gilbert General Operating funds to provide services to the Gilbert community. Council directed staff to reserve a total of $500,000 for these contracts in the FY 2007 recommended budget. Manager Pettit explained that Gilbert provides additional funding through the Maricopa Association of Government and in-kind support is provided to other agencies.

Vice Mayor Presmyk recommended funding of $10,000 for Gilbert Community Action Network (CAN), $23,000 for Mesa CAN, reduce operating funds to zero and capital funds to $20,000 for the House of El-Elyon, zero for the Maricopa County Human Services Campus, and $20,000 for Junior Achievement. There was a brief discussion on the merits of the Maricopa County Human Services Campus.

Mayor Berman called for a vote on zero funding for the Maricopa County Human Services Funding. The vote was 3 in favor and 4 against funding $0 for the Maricopa County Human Services Campus. Vice Mayor Presmyk and Councilmembers Crozier, Morrison and Urie voted against zero funding.

Discussion continued on the various agency requests, the funding structure and organization structure of the Maricopa County Human Services Campus.

A MOTION was made by Councilmember Urie, seconded by Vice Mayor Presmyk, to establish the following funding levels for Outside Agencies for Fiscal Year 2006-07 with the stipulation that Gilbert CAN justify expenditures above $3,200 and The House of El-Elyon raise capital funds to build facility:

Boys and Girls Club $125,000
Gilbert Historical 50,000
Gilbert CAN 10,000
Mesa CAN 23,000
Save the Family 5,000
Easter Seals In Home Care 25,000
The House of El-Elyon 20,000
Central Arizona Shelter 5,000
United Food Bank 5,000
Gilbert CAP 59,659
Gilbert Senior Center 31,009
Maricopa County Human Services 21,000
Child Crisis Center 25,000
Child Crisis Center Family Resource 59,500
Junior Achievement 20,000
Maricopa County Transportation 8,000
East Valley RSVP 7,000
$499,168
Motion carried 7-0.

56A. PARKWAY IMPROVEMENT DISTRICTS – consider directing staff regarding the allocation of staff support costs to Parkway Improvement District budgets.

Manager Pettit advised that Council had received testimony on May 9, 2006 from several neighborhoods regarding their dissatisfaction with the care and level of maintenance of common areas and rights of way in Parkway Improvement Districts (PKID). Due to the concerns expressed by the residents, staff requested Council consider allocation of one regular, full-time Senior Grounds Maintenance Worker to monitor only the eleven PKID neighborhoods. In the interests of meeting the resident’s concerns, the costs should be allocated and paid by the benefiting neighborhoods and added to the final budgets, which are scheduled for final review and approval at the June 6, 2006 meeting. Manager Pettit reviewed the annual per lot costs and there was discussion regarding the Expenditure and Budget Report provided to Council.

Marcia Barlow, 934 East Juanita Avenue, Circle G Ranches VI, Gilbert, informed Council that 18 years ago the Town was being sued by the PKIDs and Manager Pettit toured the neighborhoods informing the residents the Town would be responsible for sprinklers, managing water, and supervising the contracts. The residents remained in the PKID Districts based on the commitment by the Town. The Town did not follow through on its commitment and the districts are in pretty tough shape. Ms. Barlow stated she has called consistently to determine who was in charge of the contracts and the issue is a matter of principle. The Town committed and the PKIDs were entered into with the understanding that the Town would oversee the work. This is a serious breach of trust and bad faith on the part of the Town.

Mayor Berman stated that Parkway Improvement Districts were created as an alternative to Home Owner Associations (HOA) and are less expensive and burdensome than HOAs. The PKIDs must sustain themselves so that neighborhoods do not have to pay for maintenance of other neighborhoods. There was discussion on the support staff costs and the responsibility of the Town in monitoring the PKIDs.

Attorney Goodwin advised that to dissolve a PKID would take approval of 51 percent of the property owners. Adoption of new CC&Rs to take over the landscape maintenance responsibilities would require 100 percent property owner approval.

Greg Barlow, 934 East Juanita Avenue, Circle G VI, Gilbert, complimented Gilbert employee Dan Fitch for his efforts in attempting to resolve the issues. Mr. Barlow expressed disappointment in the Town’s response to the issue because he feels a deal is a deal and the Town did not live up to the initial agreement. All those involved agree that the Town failed in fulfilling its responsibilities.

Mayor Berman asked what about the residents’ part of the deal and whether they are willing to write the check if the Town provides the services? Mr. Barlow explained that the Town should accept responsibility for the condition of their neighborhood. Manager Pettit reviewed the options that were available to the property owners at the time of formation of the PKIDs.

Manager Pettit confirmed that the Town owns the parcels in question and there are documents that can be reviewed regarding the initial establishment of PKIDs. Councilmember Krueger asked if the request for discussion came from unhappy homeowners regarding the increased budget or were they asking for a supervisory commitment from the Town. Manager Pettit said the property owners had expressed concerns about the condition of their neighborhoods and the lack of contract oversight on the part of the Town.

Councilmember Crozier requested information on the square footage involved and the length of time the Town utilized four employees to monitor PKID maintenance. There was discussion on initial requirements, the growth of the community, and the cost of additional personnel. Mr. Barlow stated he wanted to pay his fair share but he expects the Town to accept responsibility for their failure to abide by the initial commitment. The neighborhood is willing to pay whatever it takes to get the job done.

Richard Steely, 1142 East Douglas, Gilbert, explained he was one of the original residents of Val Vista Park. When the developer left the residents were given the option of a PKID or an HOA. In the beginning there were no major issues with landscape maintenance, but later the contractors did not do a great job. The property owners also have not done a great job in recognizing the degradation of their neighborhood. Mr. Steely reviewed the lack of maintenance issues and stated the Town had not communicated to them what needed to be done to maintain the areas properly. He commended Mario Flores, Dan Fitch, and other Public Works employees for their attention to the issues this past year or so. Mr. Steely stated that once the neighborhood is restored and trees and plants are replaced, there would not be a need for a full-time employee to oversee the maintenance. He asked for clarification on the costs provided by Town staff and stated he was not in favor of the full time monitoring position.

Mayor Berman stated that PKIDs have been a problem since their inception and there are not many choices available. He asked Mr. Steely if they would rather pay an independent contractor to do the work or be responsible for reporting maintenance issues to the Town with the Town responding. Mr. Steely said he is willing to pay for services but they should be prudently looked at and not just presented without an explanation.

Councilmember Krueger recommended against the additional assessment to the PKIDs for labor to monitor the required maintenance. If we need to increase the staff level to meet the Town’s commitment of service than the Town should absorb the cost. Councilmember Urie agreed and recommended contracting the position from outside the organization. There was discussion on the contract, payment process, Town responsibilities, and property owner responsibilities. Attorney Goodwin confirmed for Councilmember Morrison that new PKID Resolutions are being drafted for next year with input from the property owners.

Streets Superintendent Flores explained they had made progress and that staff worked hard to fulfill the Town’s responsibilities. He said the time needed to monitor the areas for quality control requires a large time commitment. It is beneficial to deal with one contractor versus multiple contractors. Attorney Goodwin explained that law requires separate bids and contracts for each PKID. Streets Superintendent Flores explained that there would not be much of a time savings following restoration of the areas. Discussion followed on improving contract requirements. Attorney Goodwin explained that the effectiveness of service contracts depends on how good or how bad the contractor is and staff is working on improving the contracts for next year.

Mayor Berman said the decision they had to make was whether the Town hire additional staff or make it work with the staff available with guidance from Council. Manager Pettit advised that there would be a request in the proposed budget for additional personnel for managing the PKID areas. Vice Mayor Presmyk asked how long a deal lasts and to see the documentation on the PKIDs. Attorney Goodwin explained that while the Council may consider it to be a moral commitment of the Town, it is not a legal requirement. She said that it could be changed because it is a governmental function of the Town.

A MOTION was made by Councilmember Krueger to approve status quo for the Parkway Improvement Districts arrangement and that no additional assessments be charged to the districts for appropriate resource staffing.

Councilmember Morrison advised a motion was not needed. Councilmember Crozier asked for clarification of the motion.

Councilmember Krueger withdrew the motion.

A MOTION was made by Mayor Berman to deny Item 56A. The motion failed for lack of a second.

Council directed that support costs be absorbed by the Town and not assessed to the Parkway Improvement Districts.

57. BOARDS AND COMMISSIONS – consider appointing one individual to the Arts Advisory board with a term ending April 17, 2009.

This item was approved with the Consent Calendar. Eric Barlow was appointed to the Arts Advisory Board as regular member a term ending April 17, 2009.

58. BOARDS AND COMMISSIONS – consider appointing four individuals to the Economic Development Advisory Board with terms ending June 1, 2008.

This item was approved with the Consent Calendar. Richard Andrews, Ben Cooper, Kent Norcross, and Steve Paisley were appointed to the Economic Development Advisory Board as regular members with terms ending June 1, 2008.

59. BOARDS AND COMMISSIONS – consider appointing one individual to the Industrial Development Authority with a term expiring March 12, 2012.

This item was approved with the Consent Calendar. Maureen Heiss was appointed to the Industrial Development Authority as regular member with a term ending March 12, 2012.

60. BOARDS AND COMMISSIONS – consider appointing three individuals to the Parks and Recreation Advisory Board with terms ending May 1, 2008.

This item was approved with the Consent Calendar. Cindy Barnes-Pharr, James Bilas, and Von Payne were appointed to the Parks and Recreation Advisory Board as regular members with terms ending May 1, 2008.

61. BOARDS AND COMMISSIONS – consider appointing one individual as an alternate member on the Planning Commission with a term ending June 1, 2007.

This item was approved with the Consent Calendar. Jennifer Wittman was appointed to the Planning Commission as an alternate member with a term ending June 1, 2007.

62. 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

No reports.

POLICY ITEMS

63. POLICY NO. 2006-3 - consider adoption of Policy 2006-3 amending Policy 2006-2 related to Annexation and Development Standards within the Gilbert Planning Area.

Manager Pettit provided a brief report on the updated policy explaining it extends provisions for people to apply for assistance for no-cost annexation to the Town of Gilbert through June 30, 2006 subject to them being in a developed area. Manager Pettit explained that this was a Council directed response to Judge Campbell’s decision of May 3 and that people were relying on a fire district being their option. He commented that residents can take as long as they want to annex but if they want emergency services the process needs to be completed by September 30, 2006. Manager Pettit confirmed for Vice Mayor Presmyk that the new deadline would be communicated to the residents through the press, Your Town, the Gilbert Website, and a mailing.

A MOTION was made by Vice Mayor Presmyk, seconded by Councilmember Skousen, to adopt Policy 2006-3 amending Policy 2006-2 related to Annexation and Development Standards within the Gilbert Planning Area. Motion carried 7-0.

FUTURE MEETINGS

None.

COMMUNICATIONS

64. Report from the MAYOR on current events.

None.

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

None.

66. Report from the TOWN MANAGER on current events.

Manager Pettit reported that the freeway opening celebration is scheduled for the evening of June 7. The Council Retreat is scheduled for June 3 with an Executive Session following the morning session. Manager Pettit requested that Council indicate on the schedule provided to them their preferred date for the Joint Meeting with the Redevelopment Commission.

RECESS REGULAR MEETING AND RECONVENE IN EXECUTIVE SESSION

A MOTION was made by Vice Mayor Presmyk, seconded by Councilmember Skousen, to recess to Executive Session pursuant to A.R.S. §38-431.03, A-1 for discussion or consideration of terms of employment for Presiding Judge Phares and Municipal Court Judges Hudson and Laurin. Motion carried 7-0.

Mayor Berman recessed the meeting to Executive Session at 11:15 p.m.

RECONVENE REGULAR MEETING AND ADJOURN

A MOTION was made by Vice Mayor Presmyk, seconded by Councilmember Skousen, to adjourn the meeting. Motion carried 7-0. Mayor Berman adjourned the meeting at 11:45 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 23rd day of May 2006. I further certify that the meeting was duly called and held and that a quorum was present.

Dated this 7th day of June 2006.

Catherine A. Templeton, CMC, Town Clerk

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