MINUTES OF THE GILBERT TOWN COUNCIL IN SPECIAL MEETING

FRIDAY AND SATURDAY, AUGUST 18 AND 19, 2006 AT 1:00 P.M.

50 EAST CIVIC CENTER DRIVE, GILBERT, ARIZONA

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

COUNCIL ABSENT: None

STAFF PRESENT: Manager Pettit, Assistant Manager Skocypec, Assistant Manager Ryall, Clerk Templeton, Attorneys Goodwin and Schwab

CALL TO ORDER OF SPECIAL MEETING

Mayor Berman called the meeting to order at 1:15 p.m.

RECESS SPECIAL MEETING AND CONVENE IN EXECUTIVE SESSION (Conference Room 233)

A MOTION was made by Councilmember Presmyk, seconded by Councilmember Urie, to recess the Special Meeting and reconvene in Executive Session pursuant to:

a) A.R.S. § 38-431.03, A-4 for consultation with the attorneys of the Town in order to consider its position and instruct its attorneys regarding the public body’s position regarding Keaney et al v. Town of Gilbert;
b) A.R.S. § 38-431.03, A-4 for consultation with the attorneys of the Town in order to consider its position and instruct its attorneys regarding the public body’s position Committee for Fire Safety et al v. Catherine A. Templeton and Town of Gilbert;
c) A.R.S. § 38-431.03, A-4 for consultation with the attorneys of the Town in order to consider its position and instruct its attorneys regarding the public body’s position regarding Citizens for Responsible Government et al v. Catherine A. Templeton and Town of Gilbert;
d) A.R.S. § 38-431.03, A-4 for consultation with the attorneys of the Town in order to consider its position and instruct its attorneys regarding the public body’s position regarding Town of Gilbert v. Maricopa County et al.; and
e) A.R.S. §38-431.03, (A)(4) to discuss and consult with the Town Attorneys in order to consider its position and instruct its attorneys regarding the public body’s position in pending or contemplated litigation.
f) A.R.S. §38-431.03, (A)(3) to discuss and consult with the Town Attorneys for legal advice related to laws enacted by the 2006 Arizona Legislature affecting the Town.

Motion carried 7-0.

ADJOURN EXECUTIVE SESSION AND RECONVENE SPECIAL MEETING

Mayor Berman reconvened the Special Meeting at 3:05 p.m.

1. Presentation and discussion on ASU Polytechnic Campus Master Plan.

Terry Isaacson, ASU Polytechnic Vice Provost, gave a presentation on the ASU Polytechnic Campus Master Plan. Mr. Isaacson reviewed the entities that are partners on the Williams Campus including the Air Force Research Lab, U.S. Army Reserve Command, House of Refuge East, Gila River Indian Community, and ASU Polytechnic. The Air Force Research Lab is closing and the Veteran’s Administration may build a hospital on the site. Mr. Isaacson reviewed photographs of the partners’ facilities and discussed improvements that have been made to the campus.

Mr. Isaacson commented on President Michael Crow’s comment about ASU Polytechnic when he said “What an asset!” The value of land and buildings deeded to ASU was estimated at a worth of $90 to $120 million twelve years ago. Mr. Isaacson reviewed the completed infrastructure projects, completed building renovation projects, and future improvements. The Polytechnic campus is different from other schools in what it teaches and how the material is taught. ASU Polytechnic provides hands on experience where students are prepared to begin work after graduation.

Mr. Isaacson reviewed the disciplines planned for ASU Polytechnic 2010. Currently, there is 630,000 square feet of buildings with 3.2 million square feet ultimately planned for the campus. Mr. Isaacson advised that enrollment for fall 2006 is 6,500, well above projected estimates. Mr. Isaacson said that the transformation of Willie (Williams Air Force Base) continues full speed ahead. A brief discussion followed on restrictions placed on the site as part of the Reuse Plan.

2. Presentation and discussion on Proposition 400 the Valley Metro transit program, Gilbert Proposition 400 Capital Projects and Transit Planning.

Assistant Manager Ryall briefly introduced the discussion on Proposition 400. She explained that Proposition 400 was developed by using several Gilbert plans including the Arterial Street Plan and Transit Master Plan. There are 19 street and intersection plans that involve Gilbert with a value of $133 million.

Dave Boggs, Executive Director of Valley Metro, gave a presentation with background information on the history of Valley Metro. Valley Metro is a quasi system with 88 routes that over 59 million people use per years and including 6,000 express riders. Mr. Boggs reviewed Valley Metro’s responsibilities that include building according to the plan, being fiscally responsible to build creditability for Proposition 400, marketing, outreach, and planning.

Mr. Boggs reviewed transit programs, planned expenditures, and the transit supergrid projects. All Gilbert projects are currently shown beyond 15 years. Mr. Boggs explained other transit improvements including paratransit reimbursement, regional services, and capital purchases and improvements are already being implemented system wide, including Gilbert. There are a variety of regional park and rides throughout the Valley and Gilbert has the nicest facility.

Mr. Boggs presented three interim service options that Gilbert could consider implementing for express service. The options increase inbound and outbound trips from Gilbert’s park and ride to central Phoenix. Councilmember Presmyk said recently there was an editorial on what Gilbert should do but that the improvements suggested are unfunded. He pointed out transit systems are fare neutral and there is always some form of subsidy and service comes with a significant cost. A brief discussion followed on the options presented. Mr. Boggs said there is equipment available if Gilbert wishes to choose one of the options. Assistant Manager Ryall explained that the cost of ADA dial-a-ride is down. A brief discussion followed related to maintenance and operations of the transit programs, as well as major commuting patterns from Gilbert to Tempe and other East Valley destinations other than central Phoenix.

RECESS SPECIAL MEETING

A MOTION was made by Councilmember Presmyk, seconded by Councilmember Morrison, to recess the meeting at 4:50 p.m. until August 19, 2006 at 8:00 a.m. Motion carried 7-0.

RECONVENE SPECIAL MEETING

Mayor Berman reconvened the meeting on Saturday, August 19, 2006 at 8:12 a.m.

Lance Decker, facilitator, asked the Council to recap what they heard from Friday’s presentations on ASU Polytechnic and Valley Metro and the following information was presented.

What did you hear about ASU Polytechnic that we need to consider in Gilbert’s current strategic policy direction

Mass transit works.
ASU Polytechnic is a major player in Gilbert’s future.
How do we capture the economic windfall at Cooley Station?
As the synergy increases the force field will diminish.
The Williams Gateway Plan is still valid.
ASU Poly is going to be a real university.
Increased enrollments, growing faster than expected.
Growing campus buildings.
Growth of student population and infrastructure.
Increase in student population above expectations.
ASU is on target and on schedule.
Economic impact on Gilbert.
What other educational opportunities will it draw?
Future attention of ASU (Crow) will be ASU Poly.
ASU Poly campus will include hotel/conference?
The more information that is shared about the development of ASU Poly/Gateway the more likely communities will recognize and respect it and the force field will diminish.

What did you hear from staff and Valley Metro on Prop 400 projects and transit that we need to consider in Gilbert’s current strategic policy direction

Transportation in Gilbert has a long way to go!
The long range plan.
Business hub.
Transportation service is getting better but still has a long way to go.
We should look at an express route to Tempe and Phoenix.
Transportation planning is critical, both for Gilbert and the region.

3. Discussion and direction on timing of Council Elections to determine whether elections should be held in the spring or fall of even or odd years.

The Council discussed the timing of elections including the intent of recent legislation to require cities and towns over 175,000 to hold elections in the fall. The legislation did not specifically indicate whether elections should be in the fall of even or odd years. There is a perception that extending the terms of Council is self-serving.

Attorney Goodwin summarized the research she completed related to the extension of terms. There are only five cases nation-wide. The majority of cases extended terms from two to four years and three of the cases were approved by voters. Attorney Goodwin said that if the electorate approves the next Council terms for five years six months the action would likely be upheld in a Court. The only Arizona case involves an appointee of the Governor. Attorney Goodwin said that a six month extension would likely be okay because it is incidental but she does not know how an 18 month extension would be interpreted. Attorney Goodwin concluded that a five and one-half year term is probably okay if the extension is voter approved. Discussion continued on terms and the intent of the legislation.

The general consensus of Council was to do nothing for at least two years. The feeling was that the legislature may correct the law during that time.

4. Discussion and direction on policy for Designated Town Special Events including fund raising designations, sponsorship, and use of Town public information systems.

The Council discussed sponsoring events and whether there should be a designation of signature events. The issue arose because of a request to include an event flyer in Your Town. Manager Pettit explained outside groups are doing several events and there were requests for sponsorship vs. support. Manager Pettit explained that sponsorship results in insurance and liability financial backing, fee waivers at schools, and similar obligations. Support still costs Gilbert, but it is for police, fire, streets, and sanitation support.

The driving question is whether Council wants to designate signature events for Gilbert. There are several Town sponsored events put on by Parks and Recreation such as the So Long to Summer Fest, Halloween Carnival, and Gilbert 5K Race, and Mayor’s New Year’s Eve Party. If Council desires to have signature events, an application should be used to build a list of signature events. Discussion followed on a recent request by Constitution Week to include information in Your Town. Designating signature events is one way to provide a higher level of support while not opening up resources to all events and groups.

Assistant Manager Ryall briefly discussed the recent request related to Constitution Week events. Staff was approached three months ago to publicize events and include a lesson plan in Your Town. Staff offered to include story on Constitution Week events in Your Town promoting the events and also include a lesson plan as the center spread. Staff would not print sponsors in Your Town as this practice was not done even for Town events.

Attorney Goodwin explained legal staff is concerned if this is handled on a case-by-case basis and at what point Your Town would become more of a public forum. She said if this is handled on an ad hoc basis at some point it could be discriminatory. Manager Pettit responded to questions and advised there is currently no written policy but rather a practice. Attorney Goodwin said if the use of Your Town is being permitted it is necessary to establish predictability so the publication is not opened up to everyone.

The general consensus of Council was to direct staff to develop a policy for Council review. The policy should allow for flexible reasonable decisions and include:

A definition for designated special events and criteria for support.
Written standards for Town initiated programs and events.
Written policy on use of Town (publicly funded) media for outside events and organizations.

Council provided staff direction related to Constitution Week. If Constitution Week meets the deadlines and requirements staff can proceed with including the Constitution Week insert.

5. Briefing and discussion on staff research and recommendations on Public Safety/Targosz Memorial and direction on type and level of recognition and funding.

Captain Rob Duggan, Gilbert Fire Department, addressed Council and explained that the Police and Fire Department staff had been discussing a memorial to recognize public safety personnel. Discussions focused on what is wanted and a mock up of a bronze sculpture was created. Captain Duggan explained the memorial would honor all public safety personnel and would represent the seamless partnership between the Police and Fire Departments that is very unique.

Linda Abbott addressed Council and explained that she met Officer Rob Targosz’s father and aunt at the reception for Police Chief Dorn. She decided that she wanted to participate in efforts for a memorial to recognize public safety personnel. Ms. Abbott said she learned there were specific steps to follow and obtained a copy of the Arts Advisory Board Policy. The Committee wishes to do a donation back to the Town. The Committee wants to raise money and move forward with the memorial. A budget of $200,000 was established. Many people are coming forward to participate and want to know how and where to make donations. Ms. Abbott asked that Council authorize funding of $5,000 to allow the Committee to move forward with its efforts and pay costs for invitations, logos, and other administrative items.

Youth and Adult Counseling Manager Cox presented a sample book that could be used for fundraising. Officer Gary Kidder, Gilbert Police Department, said he had been involved with the memorial efforts for several months and likes the partnership. The Police Department is working on a portrait of Officer Targosz for its facility. The artist said it is possible the bronze could be sculpted to look like Officer Targosz. Officer Kidder said that Officer Targosz is why the memorial is being created now but that the memorial would honor all officers and firefighters, including those who lose their lives in the line of duty.

Ms. Abbott asked for use of Town facilities for Committee meetings. She explained that it is possible Channel 11 could be used to inform residents how to make donations. Ms. Abbott requested a formal Council Liaison be appointed to attend meetings but said all leadership is invited to participate. There is a tentative timeline to have the bronze completed and in place by next April to honor the one year anniversary of Officer Targosz’s death. Ms. Abbott said that the group feels it is premature to accept donations until there is formal approval from Council.

Donna Schneider spoke on behalf of her husband, Steve, the artist for the bronze. Ms. Schneider explained that Steve had been sculpting for a number of years. There are a number of ideas for fund raising and they hope to receive Council support. This would be the first every Police/Fire memorial in the United States, and possibly the world. Ms. Schneider responded to a question on the price of the bronze and indicated the price is finalized.

Office Targosz’s father Gene Targosz and wife Bridgette addressed Council. Ms. Targosz thanked everyone for their hard work. She said her greatest fear was that Rob would be forgotten. She met with the Schneider’s and feels the community will be proud of the memorial. Gene Targosz said that Rob loved the Town and discussed his interactions with a member of the Fire Department. Rob loved the Fire Department and always spoke in high regards of them. Mr. Targosz said the Gilbert Police and Fire Departments are a great team. Mr. Targosz thanked Gilbert for offering his son the opportunity.

A brief discussion followed on the cost of the bronze statue. Ms. Schneider said that $200,000 is enough money and there is already an agreement with the foundry. The Committee plans to integrate the Arts Advisory Board as things move forward. Payment for the bronze would be one-third now, one-third at the mid point, and one-third at the end. Ms. Schneider said they want the commitment of the Town that this is what they want.

The consensus of Council was to authorize the use of meeting rooms and $5,000. Staff was directed to bring the item forward for approval and a presentation on August 29.

6. Briefing and discussion on Permanent Base Adjustment Expenditure Limitation including history, election options, review process, and current financial management issues.

Assistant Manager Skocypec discussed the expenditure limit. It is a policy decision on how much Council wants staff to pay attention to the limit. Assistant Manager Skocypec explained that it is consuming more time for staff to manage to the expenditure limit. Council was requested to provide direction related the expenditure limit. There are two options, a permanent base adjustment and a local home rule option.

A brief discussion followed on the expenditure limitation and the impact of population growth. Manager Pettit explained that as expenses are accelerated on capital projects the rate of expenditures is increasing faster than the population . Assistant Manager Skocypec presented an example showing the impact of carryover funds from one year to another and its relative impact on the expenditure limit.

The consensus of Council was to direct staff to include a permanent base adjustment on the March 2007 Primary Election ballot.

7. Briefing and discussion on Capital Project Planning and Bond Issues including tax rates, assessed valuation, and project scheduling.

Manager Pettit explained that the $1.15 tax rate is controlling the amount of voter approved debt to be issued and timing of projects. The 2007 Maricopa County Assessor valuations will increase the tax base. Manager Pettit reviewed the total tax rate in Gilbert based upon which school district a resident is located within. The voter authorized debt for 2001 and 2006 projects was reviewed. Manager Pettit reviewed a table showing the change in tax based upon a 2006 valuation and a 2007 valuation. Staff asked Council for direction on the tax rate. The tax rate will impact the Capital Improvement Plan update and project scheduling. A change in the tax rate affects all property the same and non-residential valuation is declining based upon state law from 25% to 20% over the next several years.

Manager Pettit responded to questions. The last CIP included an increase of 15 percent in value with a 10 percent increase each year thereafter. Discussion followed on whether there should be a change to the tax rate because it is unknown what the legislature will do to respond to citizen concerns related to increases in property valuation. Council recognized that recent tax rate reductions had limited impact on a tax bill as Gilbert is only a small portion of the total tax. Discussion followed on the impact of the tax rate on current and future bond authorizations, as well as bond ratings.

The consensus of Council was to retain the tax rate of $1.15. Staff will monitor any changes the legislature makes and the impact changes have on final plans or programs.

8. Status report, discussion and direction on the Special Events Facility.

Councilmember Crozier reported that he requested this item as a result of a phone call he received from a Queen Creek Councilmember. The Councilmember asked whether Queen Creek could participate with Gilbert. Mr. Decker said Queen Creek is very interested in some type of equestrian facility in or around Queen Creek. Councilmember Urie briefly reviewed the history of developing a special events facility, including past involvement by Queen Creek and Queen Creek’s decision to pursue a separate facility. Councilmember Urie expressed concern that Queen Creek wishes to be involved at this time. Mr. Decker reported that the consultant Queen Creek hired came back and said the site Queen Creek selected is not the best site. The Council discussed the issue and the horse population in the area.

The consensus of Council was to complete the feasibility study and then open up discussions on the issue so not to preclude a partnership for siting and development.

9. Discussion on long term planning for Gilbert as an aging community including community demographics, infrastructure, neighborhoods, and non-residential properties.

Councilmember Morrison expressed concern as about the aging community and said Gilbert’s growth has moved south and east. Many of the neighborhoods in Gilbert are now 20 to 25 years old and there are changes in businesses and schools. There was recognition that Gilbert has standards in place that have helped the community maintain its appearance. Council discussed other changes that have occurred over time including the closing of gas stations and recent closure of drug stores. Manager Pettit pointed out that since 1996 gas stations were required to remove tanks because of environmental regulations if they are abandoned for a year which leads to faster redevelopment of the sites. Scottsdale has waived permit fees to encourage improvements in older areas of the city.

Gilbert has an advantage with a lot of support from homeowner’s associations. As the community ages, there also needs to be a plan for replacement of water and sewer lines and repaving of streets. Manager Pettit responded to questions on replacement funds. He explained that there is an equipment replacement fund but there is not a fund for infrastructure replacement. There is a point in time where infrastructure will deteriorate or break and need to be replaced. Manager Pettit responded to a question on the use of tax revenues and advised that the secondary property tax revenues can only be use to pay voter approved bonds.

Assistant Manager Skocypec advised that two years ago Gilbert began taking funds for physical asset depreciation and placing the funds in a sinking fund. Mayor Berman said that if there is replacement or remodeling fund he would like Council to have their own offices and staff when Gilbert reaches a population of 300,000.

Manager Pettit briefly discussed property codes. He explained that Gilbert does not have a property maintenance code but rather has a nuisance code that allows for abatement of nuisances. Attorney Goodwin advised that development agreements could include some conditions related to reuse. Gilbert’s standards may be helping the community maintain. There are some areas in Gilbert where rentals have become an issue. There is a need to focus on aging infrastructure and maintenance issues in some neighborhoods.

10. Discussion and development of an Action Plan and Goals for 2006-07.

Mr. Decker led a discussion on the strategic policy priorities. The current strategic direction is economic development, land use/planning, transportation planning, and emergency services. The emergency services consist of meeting the goals set by the Council for 1.1 officers per 1,000 population and a four minute response for the Fire Department.

The Council confirmed that the strategic policy priorities are still valid. One area suggested for land use/planning was to determine where high rises could be placed.

Staff was asked to report on sales tax collections, including the pros and cons of handling collections in Gilbert compared to collection by the Arizona Department of Revenue. Assistant Manager Skocypec advised that a report would be prepared.

Council suggested that the Council Subcommittees on Police and Fire Services reconvene.

An additional area of focus was suggested on long term employee compensation and viability of Gilbert as a corporate entity.

The next quarterly retreat will include the Water Resources Master Plan and Economic Development.

The Council Subcommittee on Compensation and Subcommittee on Parks and Recreation Services will report to Council.

EVALUATION AND ADJOURN SPECIAL MEETING

The Council indicated they wish to continue quarterly retreats. Mr. Decker facilitated an evaluation of the Retreat.

Plus Delta
Value to quarterly retreats; not saving discussions for annual retreat Late start
Took time Scheduling Joint Meetings with Boards and Commissions is hap hazard
On-going communication Need to discuss what was talked about last time and outcomes
Focus on one or two issues Focus issues/problems
Pacing good Need to celebrate accomplishments and successes
Friday/Saturday format
Presentations were good; ask RPTA and Williams Gateway to come out; future tour at Williams Gateway campus

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

Mayor Berman adjourned the meeting at 3:00 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 special meeting of the Town Council of the Town of Gilbert held on the 18th and 19th day of August 2006. I further certify that the meeting was duly called and held and that a quorum was present.

Dated this 12th day of September 2006.

Catherine A. Templeton, CMC, Town Clerk